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

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

Vol. 152 WASHINGTON, WEDNESDAY, JULY 12, 2006 No. 90 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces United States Code, the Chair, on be- called to order by the Speaker pro tem- to the House his approval thereof. half of the Chairman of the Committee pore (Mr. SIMPSON). Pursuant to clause 1, rule I, the Jour- on Commerce, Science, and Transpor- f nal stands approved. tation, appoints the following Senators to the Board of Visitors of the United DESIGNATION OF THE SPEAKER f States Merchant Marine Academy: PLEDGE OF ALLEGIANCE PRO TEMPORE The Senator from Mississippi (Mr. The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the LOTT), from the Committee on Com- fore the House the following commu- gentleman from Wisconsin (Mr. RYAN) merce, Science, and Transportation. nication from the Speaker: come forward and lead the House in the The Senator from Hawaii (Mr. WASHINGTON, DC, Pledge of Allegiance. INOUYE), from the Committee on Com- July 12, 2006. Mr. RYAN of Wisconsin led the merce, Science, and Transportation. I hereby appoint the Honorable MICHAEL K. Pledge of Allegiance as follows: f SIMPSON to act as Speaker pro tempore on I pledge allegiance to the Flag of the this day. United States of America, and to the Repub- WELCOMING REVEREND MICHAEL J. DENNIS HASTERT, lic for which it stands, one nation under God, JACKSON Speaker of the House of Representatives. indivisible, with liberty and justice for all. (Mr. RYAN of Wisconsin asked and f f was given permission to address the PRAYER MESSAGE FROM THE SENATE House for 1 minute and to revise and extend his remarks.) The Reverend Michael Jackson, Pas- A message from the Senate by Ms. tor, New Life Assembly of God, Janes- Mr. RYAN of Wisconsin. Mr. Speaker, Curtis, one of its clerks, announced it is my great pleasure to honor and ville, Wisconsin, offered the following that the Senate has passed without prayer: welcome Pastor Michael Jackson here amendment a concurrent resolution of today as our guest chaplain. He has Our Father, which art in heaven, hal- the House of the following title: lowed be Thy name. We need You here, come all the way from my hometown of H. Con. Res. 427. Concurrent resolution per- today, now. Help us, we pray. Confer Janesville, Wisconsin, to lead us in mitting the use of the rotunda of the Capitol prayer today, and we are blessed to upon us Your wisdom; grant to us Your for a ceremony to commemorate the 75th an- favor. niversary of the establishment of the Depart- have his guidance as we begin our leg- Lord, those who serve in this es- ment of Veterans Affairs. islative day. Since November of 1999, Pastor Jack- teemed Chamber are people created by The message also announced that the son has served as the senior pastor of You to be extensions of You. Touch Senate has passed bills of the following New Life Assembly of God in Janes- their bodies. Give them Your strength. titles in which concurrence of the ville, Wisconsin, and he has used his Be with their families as well as their House is requested: constituents. Grant to them Your many talents to reach out to our entire S. 1509. An act to amend the Lacey Act community and help more and more peace, O God. Amendments of 1981 to add non-human pri- Their job is not easy. The weight of mates to the definition of prohibited wildlife people open their hearts to the Lord’s their many responsibilities has to species. grace. weigh heavily upon them. Help them to S. 2041. An act to provide for the convey- While the church itself has grown run and not be weary; to walk and not ance of a United States Fish and Wildlife and produced offshoots throughout faint. May the pressures of the day Service administrative site to the city of Las nearby communities, as well as New squeeze grace and goodness out of Vegas, Nevada. Life Hispanic Church and the Korean S. 2430. An act to amend the Great Lakes them. May the challenges of the day Fellowship in Janesville, Pastor Jack- Fish and Wildlife Restoration Act of 1990 to son has not only served as a leader of a wring patience and humility out of provide for implementation of recommenda- them. Theirs is a noble task; may they tions of the United States Fish and Wildlife thriving church body, he has been a be noble as they carry it out. Service contained in the Great Lakes Fish- leader throughout our whole entire In the name of Jesus my Lord, Amen. ery Resources Restoration Study. area. f S. 2918. An act to provide access to news- Just one example of this is the an- papers for blind or other persons with dis- nual Freedom Fest Patriotic Rally THE JOURNAL abilities. that the New Life Assembly of God has The SPEAKER pro tempore. The The message also announced that during the 4th of July. My wife and our Chair has examined the Journal of the pursuant to section 1295b(h) of title 46, kids enjoy this every single year. It is

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.

H5049

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.000 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5050 CONGRESSIONAL RECORD — HOUSE July 12, 2006 simply one of the many gifts that New If we took all that money and we put Mr. EMANUEL. Mr. Speaker, yester- Life Assembly of God gives to area it into a public health system, a na- day, the President said we would con- residents. tional health care plan, we would have tinue to be wise about how we spend The church has also helped initiate a enough money to cover everything for the people’s money. Now, this is true. Day of Compassion in Janesville, which everyone, all medically necessary care, We actually have a Director of Lessons provides those in need with access to including dental care, vision care, men- Learned at the White House, who is free food, health screening, spiritual tal health care, prescription drug and paid over $100,000. counsel, and other assistance. long-term care. Maybe I can save the taxpayers Pastor Jackson brings 36 years of ex- Health care is a big money maker for $100,000 by running through a few les- perience as a pastor to his work in the corporate America, however, and peo- sons this White House should have church, the community, and to the ple we know can’t afford necessary learned: House floor today. health care because premiums, co-pays, Lesson 1. When the Army Chief of Pastor, thank you so much for shar- and deductibles keep going up. About Staff and the Secretary of State say ing your wisdom and praying with us half of the bankruptcies in America are you are going to war without enough this morning. health-care related. troops, you are going to war without f It is time for this country to break enough troops. free of the shackles of the insurance LYME AND TICK-BORNE DISEASE Lesson 2 learned. When $8 billion is companies, and we can do that by PREVENTION, EDUCATION, AND missing from Iraq’s reconstruction and Members of Congress supporting H.R. RESEARCH ACT $2 billion disappears from Katrina re- 676, the Conyers-Kucinich-McDermott lief, you need a little accountability. (Mrs. KELLY asked and was given bill, which calls for a universal health Lesson 3 learned. When you have permission to address the House for 1 care plan where all people are con- turned the corner in Iraq more times minute and to revise and extend her referred and, finally, we meet the moral than Danica Patrick at the Indy 500, it marks.) challenge that this country has of pro- means you are going in circles. Mrs. KELLY. Mr. Speaker, I rise viding health care for all. today to urge passage of the Lyme and Lesson 4 learned. When the National f Tick-borne Disease Prevention Act. I Weather Service tells you a category 5 have co-introduced this bill because a REPUBLICANS VICTORIOUS IN AN- hurricane is heading for New Orleans, a more coordinated Federal effort to NUAL CONGRESSIONAL BASE- category 5 hurricane is heading for fight Lyme disease is long overdue. BALL GAME New Orleans. I would also ask the President why Lyme disease is one of the most mys- (Mr. OXLEY asked and was given we are paying for two Ethics Advisors terious and misunderstood illnesses permission to address the House for 1 and a Director of Fact Checking. They that our families, including our chil- minute and to revise and extend his re- dren, face every day. Our health care marks.) must be the only people in Washington community faces extremely difficult Mr. OXLEY. Mr. Speaker, I am proud who get more vacation time than the challenges in diagnosing and treating to announce that the Republican base- President. Maybe the White House can Lyme disease. ball team once again was victorious in consolidate these positions into a Di- The epicenter of Lyme disease is in the annual congressional game by a 12– rector of Irony. my district in the Hudson Valley, but 1 score on June 29. It is time for a new direction. incidence rates have increased dra- I particularly want to thank our f matically throughout the country in sponsors. We were able to raise over SELLING OUR NATIONAL FORESTS the past few years. There are 49 States $100,000 for charities. Once again, the that have experienced Lyme disease charities were the big winners, the (Mr. KELLER asked and was given cases. Boys and Girls Clubs of the Washington permission to address the House for 1 It is time for the Federal Govern- area as well as the Adult Literacy minute and to revise and extend his re- ment to assume greater Lyme fighting Council. marks.) responsibilities. Our bill will help de- I want to also congratulate my coun- Mr. KELLER. Mr. Speaker, the bu- velop a realistic and reliable diagnostic terpart, MIKE DOYLE, the manager of reaucrats are at it again. First, they test, it will help increase Lyme disease the Democrat team, JOE BACA, the came up with the idea of selling off research, and it will create an advisory pitcher and the most valuable player 300,000 acres of our precious national committee of patient advocates and on the part of the Democrats, with forest lands, including 1,000 acres of the specialized physicians to help Health KENNY HULSHOF the MVP on the Re- Ocala National Forest in my district. and Human Services develop and im- publican side, and JOHN SHIMKUS, our They made this reckless budget pro- plement a vastly improved national extraordinary pitcher, who came back posal without any input whatsoever strategy to fight Lyme disease. from heart surgery this year to pitch a from Members of Congress or the We can’t leave the burden of control- complete game. American public. ling Lyme disease to our local health So congratulations to everybody for After the fact, 130,000 Americans agencies alone. By passing this bipar- a wonderful evening of camaraderie wrote in to oppose this proposal. This tisan legislation, more work will be and a good time and a nice victory as week, the United States Department of done at the Federal level to help our well. This is my last opportunity to do Agriculture bureaucrats arrogantly local communities. Please help me pass a little bit of bragging here as the man- told the press they want to move for- this legislation. ager. ward anyway, despite Congress and the f Also, I want to congratulate the American public. The pathetic attempt long-time manager of the Democrats, of the Department of Agriculture bu- NATIONAL HEALTH CARE MARTIN OLAV SABO, who is retiring this reaucrats to sell our national forests is (Mr. KUCINICH asked and was given year. He turned over the reins to MIKE financially short-sighted and environ- permission to address the House for 1 DOYLE, but he was inducted into the mentally reckless. minute and to revise and extend his re- Roll Call Hall of Fame, well deserved You can lead a bureaucrat to water, marks.) for a great sportsman and a great indi- but you can’t make him think. Well, Mr. KUCINICH. Mr. Speaker, at least vidual, MARTIN OLAV SABO. we are going to do the thinking for you 30 percent of the $3.2 trillion spent an- Again, thank you, everybody. It was and reject this insane proposal. nually for health care in the United a great victory. f States goes to the for-profit system f while 50 million Americans, many of REPUBLICANS NOT SERIOUS them working, are without health in- LESSONS LEARNED ABOUT SECURING OUR BORDERS surance. About $660 billion goes for cor- (Mr. EMANUEL asked and was given (Mr. STUPAK asked and was given porate profits, executive salaries, stock permission to address the House for 1 permission to address the House for 1 options, advertising, marketing, and minute and to revise and extend his re- minute and to revise and extend his re- the cost of paperwork. marks.) marks.)

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.003 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5051 Mr. STUPAK. Mr. Speaker, for 5 our Nation has risen sharply and con- workers have not been making a living years now Washington Republicans tinues to grow. Gas prices have dou- wage for years now, and are forced to have refused to fund border security bled, college costs are up by 38 percent, work 40 hours a week for wages that programs. But it is not only our effort fuel prices up 20, housing costs another don’t give enough money to afford in- at our borders, Republicans refuse to 25 percent, and health care costs are up creased housing, food, health care or go after employers who break the law. a whopping 75 percent, yet the millions gas costs. Gas prices are so high right Under their leadership, work site en- of Americans who work full time strug- now that it takes a minimum-wage forcement was cut back by 95 percent. gling to support their families have worker an entire 8-hour shift just to af- As a result, the government prosecuted just been dealt another blow. ford one tank of gas. four employers in 2003 as opposed to 182 Last month, the Republicans in this Americans should be aware that in 1999. body defeated a measure to raise the CEOs in the first 4 hours they work Securing our borders doesn’t happen minimum wage, which has not been in- make more in those 4 hours than a magically. It takes funding and it creased in an appalling 9 years. Instead minimum-wage worker would earn in takes agents at the border, two things of voting with Democrats to give a an entire year. The American people seriously lacking right now. Under much needed pay raise to these work- know that $5.15 an hour is not enough pressure to act earlier this year, Presi- ers, Republicans once again turned to support a family, not by a darn dent Bush vowed to have 2,500 National their backs on more than 6 million sight. Guard troops on our border by June 30, workers. You didn’t see Republicans Today, House Republicans have an- but all he could muster was 248. The turning their backs on the wealthiest other chance to support expanding eco- administration claims the rest of the few last month when they repealed the nomic opportunity to millions of work- Guardsmen are now going through estate tax that only impacts our Na- ers they have ignored for 9 years now. training. So much for keeping prom- tion’s wealthiest families. It is time the House Republicans think ises. Mr. Speaker, it isn’t too late for of someone other than their wealthy Now the House Republicans are seri- House Republicans to change their special interest friends and support av- ously jeopardizing any real attempts to minds. Today, we will have another erage working Americans. Increase the sign a border security bill into law this vote here on the House floor to give minimum wage. year. House Republicans simply refuse these hardworking Americans a much f to negotiate a final bill, choosing in- deserved raise. House Republicans BROADCAST DECENCY stead to hold hearings on a bill they al- know that the minimum wage is at its ENFORCEMENT ready passed. lowest level in 50 years. Today, we will The time for talking is over. It is see if Republicans are interested in ex- (Mr. PITTS asked and was given per- time for House Republicans to join us panding economic opportunity to all. mission to address the House for 1 to secure our borders. minute and to revise and extend his re- f f marks.) THE HOUSE OF AMERICA b 1015 Mr. PITTS. Mr. Speaker, it has been less than a month since President Bush (Mr. POE asked and was given per- BUDGET UPDATE signed the Broadcast Decency Enforce- mission to address the House for 1 (Mr. PENCE asked and was given per- ment Act into law, and it is already minute and to revise and extend his re- mission to address the House for 1 working. By increasing fines tenfold, marks.) minute and to revise and extend his re- this law seeks to deter broadcasters Mr. POE. Mr. Speaker, Joe Carcamo, marks.) an illegal El Salvadoran, had 17 driving from breaking indecency laws. Mr. PENCE. Mr. Speaker, the White And yesterday, The Washington Post violations when he drunkenly was drag House Office of Management and Budg- reported that this deterrent is work- racing down a Michigan street and hit et just released its annual midyear ing. Orders for electronic editing equip- two teenagers. He was driving 75 miles budget update. Under article I of the ment used to filter on-air obscenities an hour. He cracked the skull of one of Constitution, the House of Representa- have spiked. Some radio stations are them and the other girl lost both her tives has no higher priority than to see requiring their DJs to either clean up legs. to the wise expenditure of the re- We could have stopped this reckless or pay fines out of their own pockets. sources of the American people, and Radio giant Clear Channel has adopted illegal after his first violation, which the word is, the news is good. was breaking and entering into our a zero-tolerance policy for their on-air This year’s budget deficit is now fore- personalities, allowing them to be fired country, but politics stops local law cast to be $296 billion, 2.3 percent of enforcement from making these ar- for using offensive language. our economy, essentially equal to a Some claim this is creating a chilling rests. Not so with Sheriff Joe Arpaio historic average. The really good news from Maricopa County. He is using an effect on free expression. Mr. Speaker, is, the deficit is 30 percent below the this is not a chilling effect, it is enforc- Arizona law that locks up smugglers administration’s February forecast. and their customers, too, for con- ing the law. Decency standards have Revenues grew by a dynamic 14.5 per- not changed, but the incentive for spiring to break the law. cent last year and are forecast to grow The Mexican Government wants to obeying them has changed signifi- this year by $245 billion, or 11.4 per- help illegals break out of his jail by cantly, and that is exactly what the cent. suing Sheriff Joe for just enforcing President and this Congress intended Revenues to the Federal Government American law. The word is out: Coyote when we passed this important legisla- are increasing because of the smugglers avoid Maricopa County and tion. progrowth tax cuts that President the High Sheriff Joe Arpaio. For the sake of parents and children Mr. Speaker, our sheriffs and Border Bush and this Republican majority across the Nation, I am glad to see this Patrol do as good a job as we let them brought forward. The tax cuts are law having an impact on cleaning up do, and our Nation must send out the working. The economy is growing. Rev- the airwaves. enues to the government are up. The word: Enter the House of America le- f deficit is down. gally, or you will enter the jailhouse. RENEW VOTING RIGHTS ACT And that’s just the way it is. All in all, not a bad day’s work. (Ms. WATERS asked and was given f f permission to address the House for 1 MINIMUM WAGE INCREASE THE MINIMUM WAGE minute and to revise and extend her re- (Mr. MCGOVERN asked and was (Mr. BAIRD asked and was given per- marks.) given permission to address the House mission to address the House for 1 Ms. WATERS. Mr. Speaker, I rise for 1 minute and to revise and extend minute and to revise and extend his re- today with my colleagues to impart his remarks.) marks.) some history and context relative to Mr. MCGOVERN. Mr. Speaker, over Mr. BAIRD. Mr. Speaker, because of the right to vote in America, an essen- the past decade, the cost of living in Republican inaction, minimum-wage tial part of the democratic process. I

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.005 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5052 CONGRESSIONAL RECORD — HOUSE July 12, 2006 thank each of my colleagues for join- where my parents and their neighbors We have got to renew it and extend ing me to discuss this issue. and friends had to pay a poll tax to it. We need to do it today in the House. Today, a series of Members will come vote, and as one who lives in an urban f to the floor to tell you the truth about inner city community where polling KEVIN ESTEP, VOLUNTEER HERO the barriers, both past and present, places are oftentimes moved without that have prevented Americans from proper notification and where (Mrs. CAPITO asked and was given voting. unsuspecting voters are intimidated, permission to address the House for 1 The Voting Rights Act is one of the especially those with language and minute and to revise and extend her re- most important laws enacted by our education barriers, the Voting Rights marks.) government in the history of our de- Act is one of the best safeguards of our Mrs. CAPITO. Mr. Speaker, I rise mocracy, because it allows the people democracy that we have seen. today to recognize an outstanding West to address past and present disenfran- Mr. Speaker, I urge its renewal, I Virginian, Kevin Estep, from Apple chisement as well as disparate condi- urge its passage. Grove, West Virginia. A volunteer with tions that will affect the ability to ex- f the National Service Agency, Kevin is the recipient of the 2006 Learn and ercise voting rights in the future. GUN CONTROL DOESN’T WORK Passage of H.R. 9 to reauthorize and Serve America Spirit of Service Award. Kevin received his honor at the 2006 renew the 1965 Voting Rights Act is (Mr. WILSON of South Carolina National Conference on Community critical to our democracy and our asked and was given permission to ad- Volunteering and National Service, democratic form of government and dress the House for 1 minute and to re- which was held in Seattle, Washington, the free exercise of the voting rights of vise and extend his remarks.) Mr. WILSON of South Carolina. Mr. because of his service with HI-Y, a all Americans. Speaker, I find it extremely ironic that Mr. Speaker, the stories that you and YMCA-affiliated leadership organiza- on the same day Washington Police America will hear today will under- tion. Chief Charles Ramsey declared a crime He has volunteered as a camp coun- score why the Voting Rights Act is so emergency, The Washington Post has selor, helped 7-to-12-year-old, low-in- important and must be renewed. You published another misguided editorial come, at-risk boys and girls at the will hear stories from Members of Con- promoting the failed efforts of gun con- Governor’s Youth Opportunity Camps gress who were voting age prior to the trol. at the YMCA Camp Horseshoe. He en- Voting Rights Act of 1965 that recount The editorial attacked Members of courages children to read, try new some of the extreme difficulties and Congress for failing to further restrict things, build skills, and set goals for a egregious legal impediments that con- Americans’ second amendment rights. better life. strained their right to vote, and you The Post specifically criticized my A leader in his school, Kevin is an will hear other stories about real peo- statement that ‘‘responsible and law- honor student with a 3.9 GPA, a mem- ple denied the right to vote. abiding citizens do not need the gov- ber of the school band, and has two f ernment to tell them to be safe.’’ part-time jobs. As a graduate of Point NORTH KOREA’S MISSILE TESTS Perhaps they forgot, while the Dis- Pleasant High School, he plans to at- trict of Columbia has some of the most (Ms. FOXX asked and was given per- tend Marshall University in Hun- restrictive gun laws in our country, it mission to address the House for 1 tington in the fall. Kevin is a leader in also has one of the highest murder minute and to revise and extend her re- his community at a young age, and he rates in the Nation. Thirteen people marks.) is a role model for his peers and young- have been killed in Washington in only Ms. FOXX. Mr. Speaker, last week er West Virginians. the past 12 days. I commend him on his service to his shortly after the July 4 fireworks dwin- Instead of petitioning Congress to community, State, Nation, and fellow dled from the sky, the North Korean place additional restrictions upon law- citizens. Government put the entire world on abiding citizens, perhaps The Post f the edge of its seat when it hosted a should push for tougher laws to help much scarier fireworks show of its keep criminals off the streets of Amer- PASS VOTING RIGHTS ACT own. ica. (Mr. WYNN asked and was given per- I rise today in strong opposition to In conclusion, God bless our troops mission to address the House for 1 the test firing of missiles by the North and we will never forget September 11. minute and to revise and extend his re- Korean Government. This test firing f marks.) amounts to little more than an at- Mr. WYNN. Mr. Speaker, I rise to call tempted show of force by the North Ko- RENEW VOTING RIGHTS ACT on my Republican colleagues to bring reans, and it must not be tolerated. (Mr. WATT asked and was given per- up and pass the renewal of the Voting I support President Bush’s proposal mission to address the House for 1 Rights Act. for multilateral discussions aimed at minute and to revise and extend his re- On March 7, 1965, our colleague, JOHN maintaining peace and stability in the marks.) LEWIS, and 500 civil rights activists region and urge the international com- Mr. WATT. Mr. Speaker, the rules of marched from Selma to Montgomery, munity to stand alongside America in the House won’t allow me to do what Alabama. They paved the way for the denouncing this threatening act. George H. White did in 1901 when he Voting Rights Act. These tests represent a grave threat rose to address an agriculture bill for 5 My grandmother, Bella Russell, lives to the entire global community, and minutes and ended up speaking for an in Warren County, North Carolina. She North Korea must act responsibly and hour and a half, giving his farewell to is 98 years old. She knows all about the adhere to a moratorium on missile Congress and saying these words: ‘‘Mr. need for the Voting Rights Act. She ex- testing if peace is to be maintained. I Speaker, this perhaps may be the tem- perienced literacy tests and intimida- trust that diplomatic discussions cou- porary farewell of minorities and Afri- tion and other barriers to voting. pled with the international outrage fol- can Americans from this body, but We needed the Voting Rights Act lowing the missile tests will be enough some day we will rise up and come then and we need it today. We need it to convince the North Korean Govern- again.’’ today because in my State of Mary- ment to abandon its dangerous path. Well, it took 92 years from that point land, people are still being told you f in 1901 until 1993 when Eva Clayton and have to pay all of your late fees on I returned to Congress as African your rent in order to vote; you have to RENEW VOTING RIGHTS ACT American Members from North Caro- pay your parking tickets to vote. (Mr. DAVIS of Illinois asked and was lina. Don’t forget to vote on Wednesday. given permission to address the House And thank God the laws won’t allow People are still being intimidated. We for 1 minute and to revise and extend the exclusion of African Americans and need the Voting Rights Act as an effec- his remarks.) other minorities from this democracy tive check on those who would deter Mr. DAVIS of Illinois. Mr. Speaker, any longer because of the Voting other Americans from exercising their as one who grew up in the rural South Rights Act. important right to vote.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.006 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5053 There are those who would challenge We do not need to return to the days lot in District 149 is in Vietnamese. Hu- the preclearance provision, but I main- before 1965. We do need to extend the bert Vo won by 16 votes. tain if you are not doing anything expiring provisions of the Voting The Voting Rights Act has made, wrong, if you are not impeding the Rights Act. We should support H.R. 9 continues to make a difference. We right to vote, then preclearance is not without amendment. need to maintain it. We need to keep a burden. In America, we need to en- f it. It protects the rights of minorities. courage more people to vote, not less. f b 1030 f VOTING RIGHTS ACT STRONG STAND AGAINST NORTH IMMIGRATION REFORM REAUTHORIZATION KOREA (Mr. GARY G. MILLER of California (Ms. LEE asked and was given per- (Mr. GINGREY asked and was given asked and was given permission to admission to address the House for 1 permission to address the House for 1 dress the House for 1 minute and to re- minute.) minute and to revise and extend his revise and extend his remarks.) Ms. LEE. Mr. Speaker, it is really marks.) Mr. GARY G. MILLER of California. with a deep sense of gratitude to Mr. GINGREY. Mr. Speaker, I rise Mr. Speaker, the American people ex- Fannie Lou Hamer, Rosa Parks, today to emphatically encourage the pect us to stop the flood of illegal im- Coretta Scott King and our great war- United Nations to take a strong stand migrants coming to this country. In rior, Congressman JOHN LEWIS, that I against North Korea. order to do that we need to secure our rise in support of the renewal of the Last Tuesday, North Korea shocked borders. We need to crack down on em- Voting Rights Act. the world by test-firing missiles, in- ployers that hire illegals and preserve There is no way that I would be cluding a long-range Taepodong-2, that American jobs for Americans. We need standing on this floor today as a Mem- ber of Congress had it not been for the could one day be capable of reaching to reject all forms of amnesty. bloodshed and the sacrifices and often- the western United States. Japanese Many talk about a guest worker pro- times the deaths of so many fighting and United States satellite photog- gram. I think most reasonable people for all Americans for their right to raphy have shown movement at North believe that a guest worker program in vote. Korean bases that indicate prepara- the farming industry, perhaps in the gardening and landscape industries, is And I vividly remember the days of tions for even further missile launches. Jim Crow and segregation and the in- Mr. Speaker, the carrot approach of reasonable. Beyond that we need to look at what the need of America is, sidious poll tax growing up in Texas. previous administrations has done The humiliation and the discrimina- nothing to deter Kim Jong-il’s erratic not the need of foreign countries and where they want to place their people. tion and the degradation of African and irresponsible behavior. Americans will always be a scar on In 1994, North Korea agreed to freeze We need to absolutely reject again all America’s history. and ultimately dismantle its existing forms of amnesty. We need to increase enforcement on current immigration The Voting Rights Act of 1965 was plutonium-based nuclear program. passed just 1 year after I graduated However, in December 2002, we learned laws. Today, currently, business owners from high school. And unfortunately, the North Korean regime was pursuing we still need to renew these expiring a nuclear weapons program based on can go out and find out if the person they are hiring is eligible to work here provisions, and we shouldn’t weaken enriched uranium in violation of that any of the protections in this legisla- agreement. or if they are not. We need to think about how we are impacting workers. tion. Mr. Speaker, we must learn from our We still witness voter intimidation In 1973 the average manufacturing jobs previous efforts. We cannot stake our and voter suppression in our country. paid $15.24 an hour. In 2004 it paid $15.26 national security on meaningless But I am reminded of the tremendous an hour. An American worker should agreements with an unpredictable and progress and the march to freedom and not expect his pay to be cut because maniacal dictator. equality, but also of the unfinished somebody comes to this country ille- Mr. Speaker, I ask that you join me business of America during the very gally and is willing to work for less in imploring the United Nations to powerful civil rights pilgrimages that than he or she should be paid. We need condemn North Korea’s actions as a some of us go on to Selma and to Bir- to protect Americans and protect their threat to stability around the globe. mingham and to Montgomery, Ala- jobs. f bama. In memory of all of those who f SUPPORT H.R. 9, VOTING RIGHTS paid the supreme price for our democ- ACT VOTING RIGHTS ACT racy, let us pass this bill today and let’s pass it on a bipartisan basis. (Mr. SCOTT of Virginia asked and REAUTHORIZATION was given permission to address the (Mr. AL GREEN of Texas asked and f House for 1 minute and to revise and was given permission to address the VOTING RIGHTS ACT extend his remarks.) House for 1 minute and to revise and REAUTHORIZATION Mr. SCOTT of Virginia. Mr. Speaker, extend his remarks.) (Mr. BACA asked and was given per- there is no civil rights legislation more Mr. AL GREEN of Texas. Mr. Speak- mission to address the House for 1 important or effective than the Voting er, the Voting Rights Act has been and minute and to revise and extend his re- Rights Act. The right to vote is the continues to be necessary. In 1965, we marks.) very foundation of our democracy, and had approximately 300 African Ameri- Mr. BACA. Mr. Speaker, I rise today as the Supreme Court noted in 1964, cans holding office. Now we have more in support of the Voting Rights Reau- other rights, even the most basic, are than 9,100. thorization Act of 2006. illusory if the right to vote is under- In 1965, only a handful of Latinos Many brave men and women have mined. held office. Now, more than 6,000. fought against bigotry, injustice, in- The Voting Rights Act has made that In 1965, six Members of Congress were equality to secure the voting rights for right a reality. In Virginia, my home African American. Now 43. all Americans. Many of our veterans State, because of all sorts of schemes But among the many beneficiaries is who serve now and in the past, of all and barriers, there were no African Hubert Vo. Hubert Vo was born in Viet- colors, of all races, have fought for the American State legislators or Federal nam. Hubert Vo came to the United freedom that we enjoy today. They legislators, not a single African Amer- States at the age of 19, fleeing com- have sacrificed their lives so that every ican State or Federal judge in 1964. munism. Hubert Vo graduated from the individual has the right to exercise After four decades of the Voting University of Houston, but more im- their voting right. Rights Act which prohibited those portantly, Hubert Vo, in 2004, became The Voting Rights Act of 1965 is one schemes and removed those barriers, the very first Vietnamese American of the greatest achievements of Con- we now have 18 legislators and over 40 elected to the State House of Texas. gress because it has torn down arbi- judges serving in Virginia. Hubert Vo was elected because the bal- trary barriers to voting participation.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.008 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5054 CONGRESSIONAL RECORD — HOUSE July 12, 2006 The VRA gave dignity, pride and hope unmovable lines on the courthouse reauthorize the Voting Rights Act this to many who have been historically steps in Selma, Alabama. We were week. No more delays, no more ex- shut out of the democratic process and beaten with nightsticks, bull whips and cuses. Just do it. Do it now. I say this oppressed by the Jim Crow legacy. trampled by horses trying to register with no degree of exaggeration. The I can remember my dad, a U.S. cit- to vote or to get others to register to Voting Rights Act is the essence of de- izen, born here in the United States, vote. mocracy. when he first cast his first vote and But many of my friends, many of my Mr. Speaker, many of us, including told us the importance of voting. It colleagues died. I will never forget myself, would not be here on the floor was during that period of time that we Andy Goodman, James Chaney and of the House of Representatives if it knew the importance of voting and Mickey Schwerner, who were beaten, were not for the original Voting Rights that every person, regardless of the shot and killed in Philadelphia, Mis- Act of 1965. It is, quite simply, one of limited English that they had, and my sissippi. Jimmie Lee Jackson was the most important laws in the history dad spoke very little English, but killed in Alabama. Viola Liuzzo was of our Nation. Accordingly, previous voted. killed on Highway 80 between Selma Congresses have consistently reauthor- I encourage all of us to vote for the and Montgomery. ized and renewed the Voting Rights Voting Rights Act on a bipartisan Because of the Voting Rights Act of Act in a deliberative, bipartisan man- basis, and both Republicans and Demo- 1965, we don’t have to risk our lives ner. We must do the same. Don’t crats are here to support a strong Vot- anymore. We don’t have to pass a so- empathize. Just reauthorize. Just do it. ing Rights Act that extends the protec- called literacy test. On one occasion a Mr. Speaker, as much progress as we tion for the future generations. man in Alabama was asked to count made since the 1960s, we still must be vigilant. We still must strive for uni- f the number of bubbles in a bar of soap. On another occasion a man was asked versal enfranchisement. For all of our RENEW THE VOTING RIGHTS ACT to count the number of jelly beans in a successes, too many Americans face (Mr. PRICE of North Carolina asked jar. On one occasion there was a man barriers to the basic right to vote. and was given permission to address in Tuskegee, Alabama who had a Ph.D. Mr. Speaker, don’t apologize. Just re- the House for 1 minute and to revise degree and he was told that he could authorize. Just do it. No more delay. and extend his remarks.) not read or write well enough. He failed Let’s get this work done and get it Mr. PRICE of North Carolina. Mr. the so-called literacy test. done today. Speaker, the Voting Rights Act reau- The Voting Rights Act was good in f thorization appropriately carries the 1965. It is still good today. VOTING RIGHTS ACT names of civil rights pioneers Fannie f REAUTHORIZATION Lou Hamer, Rosa Parks, and Coretta VOTING RIGHTS ACT (Mr. BISHOP of Georgia asked and Scott King. REAUTHORIZATION was given permission to address the Along with the Civil Rights Act of (Mr. CLAY asked and was given per- House for 1 minute and to revise and 1964, the Voting Rights Act was the extend his remarks.) major legislative expression of that mission to address the House for 1 minute.) Mr. BISHOP of Georgia. Mr. Speaker, great movement that inspired and I rise today in strong support of the challenged so many of us, whites and Mr. CLAY. Mr. Speaker, I rise today to support the reauthorization of one Voting Rights Act and the legislation blacks alike, and that brought the lib- before us this week which extends the erty and justice that our Nation proof the most critical pieces of legislation that this House has ever produced, Voting Rights Act for 25 years. It has fesses closer to realization. been reauthorized and upheld for more Now, many Republicans say the Vot- the Voting Rights Act. Today we have heard firsthand ac- than four decades. But several key pro- ing Rights Act is too burdensome or counts of how this act changed Amer- visions are set to expire next year if that pre-clearance is no longer needed. ica, and recent research confirms that not reauthorized by Congress. But listen to the testimony of North the Voting Rights Act is as essential The Voting Rights Act is one of the Carolina election officials. today as it was in 1965. most important civil rights initiatives ‘‘I would hate to operate without it,’’ The Lawyers Committee for Civil ever enacted, protecting minority vot- says one. Rights Under the Law concluded that ers from discrimination and ensuring ‘‘Pre-clearance requirements are rou- there is still a shocking continuing re- for all Americans the right to vote in a tine, and do not occupy exorbitant ality of racial discrimination in voting fair and equal voting process. We must amounts of time, energy or resources,’’ that is pervasive, and these problems protect this right. It is sacred. It stops adds another. are nationwide. practices such as those that allowed ‘‘The history of X County causes our Their three key findings were espe- every African American to be expelled operations to be scrutinized and right- cially disturbing. First, records from from the Georgia legislature between fully so,’’ says a third official. the U.S. Department of Justice confirm 1866 and 1900. It stops poll taxes, racial And a fourth adds, ‘‘The Voting that the actual number of documented gerrymanders that dilute minority vot- Rights Act allows us an opportunity to complaints to Federal officials have in- ing power. It stops moving polling assure the public that minority rights creased between 1982 and 2004. places without notice. It stops hanging are being protected and that someone Second, polling places and voting chads. It is the reason, after 100 years, is independently validating those deci- hours in minority neighborhoods were that I was finally able to follow Jeffer- sions.’’ routinely changed shortly before elec- son Long as the first African American Mr. Speaker, the Voting Rights Act tions. to represent my area of Georgia in Con- works, and we must pass it at full And finally, election officials were gress. It has empowered descendants of strength. found to have illegally purged voters slaves like me to participate fully in f from registration lists and to have re- America’s political process. We should VOTING RIGHTS ACT fused to translate election materials. not, we must not, we cannot go back. Mr. Speaker, it is time that people in We must renew the Voting Rights Act (Mr. LEWIS of Georgia asked and was power stop playing with that basic es- today. given permission to address the House sential right to vote in this country. f for 1 minute and to revise and extend f his remarks.) VOTING RIGHTS ACT Mr. LEWIS of Georgia. Mr. Speaker, JUST DO IT REAUTHORIZATION the right to vote is precious, almost sa- (Mr. RUSH asked and was given per- (Ms. JACKSON-LEE of Texas asked cred. During the 1960s, working to get a mission to address the House for 1 and was given permission to address Voting Rights Act, many of us were ar- minute and to revise and extend his re- the House for 1 minute and to revise rested, jailed and beaten. I was ar- marks.) and extend her remarks.) rested and jailed more than 40 times Mr. RUSH. Mr. Speaker, I rise in the Ms. JACKSON-LEE of Texas. JOHN during the sixties. We stood in spirit of ‘‘Just Do It.’’ Congress must LEWIS, you bring tears to my eyes.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.009 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5055 Fannie Lou Hamer, Coretta Scott King the House for 1 minute and to revise Act, remember the Florida 2000 elec- and Rosa Parks, all who have made the and extend his remarks.) tion and the coup d’etat where 27,000 ultimate sacrifice and yes, exhibited Mr. THOMPSON of Mississippi. Mr. ballots were disregarded, simply enormous courage. And today I ask Speaker, in 2001 one of the most shame- thrown out right in my congressional this House to exhibit courage, to vote ful and shocking reminders of voting district, precincts 7, 8, 9 and 10, that for a bill that gives credence to Amer- rights discrimination occurred in vote 98 percent Democratic. Yes, it is ica’s dream. We all are created equal. Kilmichael, Mississippi, my congres- still clear that the Voting Rights Act The Voting Rights Act is not an act sional district. today is needed just as much as it was of color. It is an act of reputation and An all-white city council cancelled 40 years ago. integrity of America to allow all Amer- city elections 3 weeks before they were Another reason: When I was elected icans to vote. The honorable Barbara to be held because it appeared that Af- to Congress in 1992, it had been 129 Jordan, whose words were ‘‘we the peo- rican Americans would control the ma- years since an African American was ple,’’ would not have been elected to jority of the council’s seats. Section 5 elected in Florida to the United States the United States Congress as the first of the Voting Rights Act, which re- Congress. Let me repeat, 129 years. If it holder of this seat had it not been for quires covered jurisdiction, like my was not for the Voting Rights Act, the the 1965 Voter Rights Act. home State of Mississippi, to obtain State of Florida would still likely be And Lyndon Baines Johnson, a south- preclearance from the Justice Depart- without an African American Rep- ern Democrat President, called upon ment before they can change voting resentative. all of his colleagues, all of the Mem- practices or procedures, protected the We still have a ways to go, and Con- bers of Congress, whether they were voting rights of the people of gress must pass the Voting Rights Act, from the South, from the North, stand Kilmichael. When elections were fi- and not some watered-down version of up for what is right. nally held, three African Americans it, to guarantee that millions of mi- And so today, we will be on the steps were elected to the board of aldermen norities’ votes around the Nation and 3 of the United States Congress, on the and the town elected its first African million minorities in the State of Flor- East steps, to join us for a vigil of peti- American mayor. ida will have their voices heard and tioning to say to this Congress, be of As elected leaders, it is our obliga- have their votes counted. good courage. tion to look beyond what is good for Remember the coup d’etat 2000 elec- JOHN LEWIS, you bring tears to our eyes, for ‘‘Bloody Sunday’’ will be al- any one of us to what is good for the tion. ways in our minds, the sacrifices that whole country and its future. f Mr. Speaker, the Voting Rights Act have been made for the Voter Rights IN SUPPORT OF THE REAUTHOR- is reverent, relevant, and must be re- Act. Don’t give up on us now. Pass the IZATION OF THE VOTING RIGHTS newed. Voter Rights Act. Show us courage. ACT Have a shining moment of history f (Mr. FATTAH asked and was given today. Yes, America can do it. PROTECT AGAINST INTIMIDATION permission to address the House for 1 f AND VOTER FRAUD BY PASSING minute.) VOTING RIGHTS ACT THE VOTING RIGHTS ACT Mr. FATTAH. Mr. Speaker, I rise (Mr. HONDA asked and was given (Ms. MCKINNEY asked and was given today in support of the reauthorization permission to address the House for 1 permission to address the House for 1 of the Voting Rights Act. I believe that minute.) minute.) this is a high-stakes test for the Mr. HONDA. Mr. Speaker, I would Ms. MCKINNEY. Mr. Speaker, the world’s democracy that is the focus of like to associate myself with all the Voting Rights Act was passed to put an efforts all around the globe to promote comments that have been shared with end to intimidation of poor and black democracy. Right here at home, we this country on this floor this morning. voters. still need to move towards a more per- My mother is a U.S. citizen. She was Sadly, acts of intimidation and voter fect Union. born in 1916. My father was born in fraud directed at black and Latino vot- In my home city of Philadelphia, 1914. Both U.S. citizens. My father was ers are not just a thing of the past. In where the Constitution was written, a linguist, so English, Japanese, Can- 2000, Florida’s blacks were intimidated we, some 150 years after that, saw the tonese, Filipino were not a difficult and illegally removed from the voter death of a young African American thing for him. rolls. In 2002, in my district in Georgia, male, Octavius Catto, who was just My mother was born in a family of we learned that crossover voting can be going to go vote and was beaten to farmers who believed that women used as effectively as the all-white pri- death by a white mob that was upset should stay home and raise families, maries once were. In 2004, Ohio’s black about his exercising his franchise. did not have the opportunity for the voters faced intimidation and fab- The question of the Voting Rights education that my father had. Her ex- ricated long lines by misallocating the Act is not just a question for the periences are not much different from voting machines. Tom DeLay’s Texas South; it is a question across our Na- those who come to this country and redistricting was ruled by this Su- tion. And the benefits and the protec- choose to be U.S. citizens and would preme Court to violate Latino voting tions of the Voting Rights Act, as we like to use their primary language as a rights. And just last week, the Georgia seek its reauthorization, and we seek it way to understand and comprehend legislature’s second Voter ID bill got today, suggests to the world whether fully that which is before them. smacked down by the courts a second this is a democracy truly that the Prior to 1964, poll taxes, intelligence, time. world should seek to emulate. literacy and property tests were used The Voting Rights Act is relevant f to sabotage the rights of voting citi- and necessary to protect our precious URGING PASSAGE OF THE VOTING zens and circumvent the Constitution. right to vote. RIGHTS ACT Voting franchise came haltingly and f very, very piecemeal to Asian Ameri- (Mr. GONZALEZ asked and was given cans. CONGRESS MUST PASS THE permission to address the House for 1 Reauthorizing the Voting Rights Act VOTING RIGHTS ACT minute.) will continue the franchise and the (Ms. CORRINE BROWN of Florida Mr. GONZALEZ. Mr. Speaker, in 1965 guarantee of votes for all people and all asked and was given permission to ad- when the Voting Rights Act was first citizens of this country. dress the House for 1 minute and to re- passed, Martin Luther King said, ‘‘This f vise and extend her remarks.) represents a shining moment in the b 1045 Ms. CORRINE BROWN of Florida. conscience of man.’’ Mr. Speaker, let me just say, Mr. What a wonderful opportunity for THE VOTING RIGHTS ACT Speaker and Members of the House, if Democrats and Republicans to come (Mr. THOMPSON of Mississippi asked there is any question as to whether or together and reignite that shining and was given permission to address not we still need the Voting Rights light in the conscience of man.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.013 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5056 CONGRESSIONAL RECORD — HOUSE July 12, 2006 The Voting Rights Act does two And for those who want to say, why suant to clause 2(b) of rule XVIII, declare the things: It does not allow jurisdictions punish the South or why punish the House resolved into the Committee of the to discriminate against any United State, why is it that you would think Whole House on the state of the Union for States citizen that wants to exercise of the Voting Rights Act as a punish- consideration of the bill (H.R. 2990) to im- the most sacred of all rights, and that ment? The Voting Rights Act is not a prove ratings quality by fostering competition, transparency, and accountability in the is the right to vote. That gives you punishment. It is a liberator of those credit rating agency industry. The first read- some control over your own destiny. who have been punished, where all they ing of the bill shall be dispensed with. All But it does something else. It encour- have had was to sing that song: ‘‘Some- points of order against consideration of the ages and accommodates all other times I feel discouraged, feel my bill are waived. General debate shall be con- United States citizens that may have work’s in vain; but then the Holy Spir- fined to the bill and shall not exceed one some sort of obstacle to overcome in it revives my soul again. There is a hour equally divided and controlled by the order to exercise the most precious of balm in Gilead to heal the sin-sick chairman and ranking minority member of all rights. That is what the Voting soul. There is a balm in Gilead that the Committee on Financial Services. After Rights Act accomplishes. makes the wounded whole.’’ general debate the bill shall be considered And I am hoping that tomorrow we This balm in Gilead for us today is for amendment under the five-minute rule. It will have this wonderful opportunity to the Voting Rights Act to heal the shall be in order to consider as an original bill for the purpose of amendment under the follow in the footsteps of those true gi- wounds of racism that have been in- ants in 1965 that came together on both five-minute rule the amendment in the na- flicted on this country and that we ture of a substitute recommended by the sides of the aisle to pass the original still, unfortunately, suffer from. Voting Rights Act. Committee on Financial Services now print- Let us vote to pass this Voting ed in the bill. The committee amendment in f Rights Act this day and this week and the nature of a substitute shall be considered PROTECT VOTER RIGHTS BY send a resounding message that Amer- as read. Notwithstanding clause 11 of rule PASSING THE VOTING RIGHTS ACT ica is for everybody, black as well as XVIII, no amendment to the committee white, rich as well as poor, all of us. amendment in the nature of a substitute (Mr. CLYBURN asked and was given shall be in order except those printed in the permission to address the House for 1 f report of the Committee on Rules accom- minute and to revise and extend his re- THE TRAGEDY IN INDIA panying this resolution. Each such amend- marks.) ment may be offered only in the order print- Mr. CLYBURN. Mr. Speaker, the gen- (Mr. HASTINGS of Florida asked and ed in the report, may be offered only by a esis of the Voting Rights Act lies in was given permission to address the Member designated in the report, shall be that period of American history just House for 1 minute.) considered as read, shall be debatable for the after the Civil War when various cre- Mr. HASTINGS of Florida. Mr. time specified in the report equally divided ative devices were put in place to pre- Speaker, my colleagues have made the and controlled by the proponent and an op- vent and dilute the impact of black case for the extension of the Voting ponent, shall not be subject to amendment, voters and votes. Rights Act, and I echo their senti- and shall not be subject to a demand for division of the question in the House or in the The 1965 act did away with many of ments. When this matter comes to the Committee of the Whole. All points of order those devices, many of which were used floor, if it comes, and it should today against such amendments are waived. At the in my home State, devices such as full- be made in order as a rule, then I will conclusion of consideration of the bill for slate voting, where in order for your have an opportunity to speak more in amendment the Committee shall rise and re- vote to count, you had to vote for your that regard. port the bill to the House with such amend- choice once and against that choice for But today I rise, in addition to ask- ments as may have been adopted. Any Mem- as many times as there were vacancies ing in the world’s oldest democracy ber may demand a separate vote in the on the ballot, numbered posts which that we extend the Voting Rights Act, House on any amendment adopted in the set up racially polarized voting, at- that we recognize that on yesterday Committee of the Whole to the bill or to the large voting which diluted the impact the world’s largest democracy was at- committee amendment in the nature of a of black votes. All of these creative de- tacked in a significant and condem- substitute. The previous question shall be vices were gotten rid of with the 1965 considered as ordered on the bill and amend- natory way. ments thereto to final passage without inter- Voting Rights Act. These events seem to take place on vening motion except one motion to recom- But, Mr. Speaker, I used to teach his- days of the 11th, and yesterday in mit with or without instructions. tory, and I always told my students India, despicable acts took place by that if a thing has happened before, it those who would take the lives of inno- b 1100 can happen again. And I do know that cents. In Madrid, in London, in Bali, if we do not have the protection of the the same thing happened. The SPEAKER pro tempore. The gen- Voting Rights Act, we can see our I do acknowledge the fact that hur- tlewoman from West Virginia (Mrs. States revisiting many of those cre- riedly yesterday the foreign minister of CAPITO) is recognized for 1 hour. ative devices. Pakistan condemned those bombings, Mrs. CAPITO. Mr. Speaker, for the f and I commend him in that regard. purpose of debate only, I yield the cus- It was said earlier and reported today HEAL THE WOUNDS OF RACISM BY tomary 30 minutes to the gentlewoman PASSING THE VOTING RIGHTS ACT in one of our newspapers that in Eu- rope it was said after September 11, from California (Ms. MATSUI), pending (Mr. SCOTT of Georgia asked and ‘‘We are all Americans now.’’ Today, which I yield myself such time as I was given permission to address the after yesterday in India, ‘‘We are all may consume. House for 1 minute.) Mr. SCOTT of Georgia. Mr. Speaker, Indians now.’’ Last night, the Rules Committee this Voting Rights Act is the most im- f granted a structured rule for H.R. 2990, portant piece of legislation that has the Credit Agency Duopoly Relief Act PROVIDING FOR CONSIDERATION been passed in this modern time in our of 2006. The rule provides 1 hour of gen- OF H.R. 2990, CREDIT RATING Congress. eral debate equally divided and con- As I stand here, I am reminded of the AGENCY DUOPOLY RELIEF ACT trolled by the chairman and ranking words that we used so much as we OF 2006 minority member of the Committee on would go through the South, going up Mrs. CAPITO. Mr. Speaker, by direc- Financial Services; waives all points of against the Bull Connors, going up tion of the Committee on Rules, I call order against consideration of the bill. against the night riders, going up up House Resolution 906 and ask for its The rule also provides that the amend- against the Ku Klux Klan with the immediate consideration. ment in the nature of a substitute rec- courage that was taken and that is The Clerk read the resolution, as fol- ommended by the Committee on Fi- still needed today because, unfortu- lows: nancial Services now printed in the bill nately, discrimination still exists H. RES. 906 shall be considered as an original bill throughout this Nation in various Resolved, That at any time after the adop- for the purpose of amendment and shall places. tion of this resolution the Speaker may, pur- be considered as read.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.016 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5057 The rule makes in order only those investors. It is no secret that a little has been around for 3 years and dis- amendments printed in the Rules Com- competition improves quality and ex- closes its performance data can become mittee report accompanying the reso- pands services offered. Armed with nationally recognized. That is a pretty lution. It also provides that the amend- more reliable and accurate credit rat- low bar. ments printed in the report may be of- ings, investors will continue to drive I know the majority will argue that fered only in the order printed in the the economy and foster a more innova- H.R. 2990 would allow market forces to report, may be offered only by a Mem- tive environment. sift the good credit rating agencies ber designated in the report, shall be I would like to remind all Members from the bad. While Democrats do not considered as read, shall be debatable that the rule makes in order all ger- object to letting the market play a role for the time specified in the report mane amendments presented to the in ensuring quality, why not let the ex- equally divided and controlled by the Committee on Rules. perts at the SEC also evaluate the proponent and an opponent, shall not I urge all Members to support this quality of the ratings firms? Congress be subject to amendment, and shall not fair rule and the underlying legisla- needs to strike a balance between be subject to a demand for division of tion. quantity and quality, but this bill falls the question in the House or in the Mr. Speaker, I reserve the balance of short of that goal. Committee of the Whole. my time. Under this bill anyone can open up The rule waives all points of order Ms. MATSUI. Mr. Speaker, I yield shop and 3 years later be nationally against the amendments printed in the myself such time as I may consume, recognized. That means we may be al- report and provides one motion to re- and I thank the gentlewoman from lowing firms that will offer an invest- commit, with or without instructions. West Virginia for yielding me the time. ment grade rating to anyone willing to During consideration of the resolu- (Ms. MATSUI asked and was given pay, regardless of whether that rating tion, all time yielded is for the purpose permission to revise and extend her re- is based on sound facts. As long as a of debate only. marks.) rating firm continues to provide cer- Mr. Speaker, this is a fair rule, mak- Ms. MATSUI. Mr. Speaker, the issue tain disclosures, it will still be nation- ing all germane amendments that were we are debating today may not be ally recognized, even if it issues credit offered in the Committee on Rules in glamorous, but I want to emphasize for ratings of the lowest possible quality. order. our constituents its importance. H.R. Additionally, this bill could lead to a The underlying legislation is an im- 2990 will significantly affect the guid- series of unintended consequences. portant, commonsense approach to pro- ance investors receive on the soundness Federal, State and local agencies, as viding greater transparency for credit of all kinds of investments. well as many private sector entities, rating agencies. Who can forget the The type of debt rating that a com- rely on the current definition of a na- scandals following the bankruptcies of pany or municipality receives is an es- tionally recognized credit rating agen- Enron and WorldCom? Even more sential guidepost for investors, and the cy. By undermining the credibility of shocking is the fact that both corpora- degree to which that rating is accurate this established benchmark, this bill tions were given investment grade rat- has far reaching consequences. So by could impose a significant burden on ings by credit rating agencies just be- reforming the way that firms receive all of these groups, possibly increasing fore their financial collapse. This mis- the stamp of legitimacy to offer these risks and imposing new costs for a wide representation resulted in the loss of ratings, Congress is making a signifi- swath of Americans. millions of dollars for investors. cant change. Certainly, the House can increase The root of the problem lies with the As we have seen during the past few competition in a more responsible way. current process of recognizing statis- years, financial investments can have a Representative KANJORSKI, the ranking tical rating organizations by the Secu- huge impact on our constituents. Just member on the Capital Markets Sub- rities and Exchange Commission. The ask anyone who held stock in Enron or committee, with the support of Rank- current process stifles competition and WorldCom. This is about protecting in- ing Member FRANK, has offered a log- fosters an environment that has led to vestors, whether you manage your own ical substitute. It will ensure quality two rating agencies holding 80 percent portfolio or you rely on a pension for while moving to increase competition of the market share. your retirement. in the credit ratings market. I am A level playing field is needed so So we need to tread carefully as we pleased that the rule will allow a vote smaller companies with expertise in consider how we determine which firms on this commonsense proposal. specific areas can enter the market. should be deemed nationally recog- The Kanjorski substitute would di- H.R. 2990 clearly lays out the registra- nized statistical ratings organizations. rect the SEC to expeditiously complete tion requirements for rating agencies Established in the 1970s, only credit rulemaking on nationally recognized replacing the current opaque designa- agencies that receive this designation statistical ratings organizations. In tion process by the SEC. By injecting have the legitimacy to assess the like- doing so, the SEC would, for the first the current system with competition lihood of a company or a municipality time, publicly define what constitutes and greater transparency, the quality to default on its debt. In other words, a nationally recognized credit rating of ratings will be enhanced. they tell investors whether they are agency. It would also direct the SEC to This act will also provide greater in- likely to get paid back. design a process to identify new na- vestor protection, including provisions Today, there are only five firms that tionally recognized credit rating agen- requiring rating agencies to be in the are nationally recognized by the Secu- cies. These steps would bring an un- business of issuing credit ratings for at rities and Exchange Commission. The precedented level of transparency and least 3 years prior to filing an applica- purpose of H.R. 2990 is to add to that scrutiny to the selection process. The tion for registration as a nationally number, increasing competition in the result will increase competition in the recognized statistical ratings organiza- credit ratings market. This is a worthy credit ratings market without the neg- tion, ensuring better quality assess- goal. I know the Financial Services ative consequences associated with ments for investors. Committee has been exploring the best H.R. 2990. Mr. Speaker, the economy is booming way to achieve it. Unfortunately, in its The Kanjorski substitute will also due in part to greater participation by pursuit of quantity, this bill will sac- encourage the establishment of a vol- investors in the various markets. rifice quality. This is a risky proposal untary framework for industry self- Greater transparency, accountability that I do not believe the House should regulation. This will further protect in- and competition among credit ratings accept. vestors from conflicts of interest and agencies will provide investors with H.R. 2990 would allow virtually any other abusive practices. better information and encourage fu- firm to be considered a nationally rec- To ensure that all of these reforms ture investment. The underlying legis- ognized credit rating agency. The SEC are effective, the Kanjorski amend- lation is a step in the right direction would no longer be able to ensure that ment will require annual hearings on towards ensuring this success. such firms are producing reliable and this topic for the next 5 years. Finally, this legislation will improve credible ratings. Under this new vol- So Members have two options today. the quality of information provided to untary regime, any ratings agency that Both will increase competition in the

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.017 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5058 CONGRESSIONAL RECORD — HOUSE July 12, 2006 credit ratings market. However, only Moody’s and S&P have over 80 per- b 1115 the Kanjorski substitute will ensure cent of the market share, and they are Congress should not have a pay raise that investors continue to receive cred- rating 99 percent of all debt issued. The until low-income workers get a pay ible and reliable credit ratings from lack of competition in the credit rating raise as well. nationally recognized agencies. industry has lowered the quality of rat- Mr. Speaker, there is no reason what- I urge my colleagues to support this ings, inflated prices, stifled innovation soever for us not to raise the minimum wise approach. and allowed anti-competitive industry wage. I have heard some of my col- Mr. Speaker, another responsible pol- practices and conflicts of interest to go leagues on the Republican side say that icy that Members will have an oppor- unchecked. increasing the minimum wage will hurt tunity to support today is an increase Mr. Speaker, in the wake of Enron job growth. Yet, according to the Fis- in the minimum wage. Just as the and WorldCom, we must ensure integ- cal Policy Institute, since 1998, States credit rating bill seeks to safeguard av- rity in the credit ratings process. H.R. with higher minimum wages experi- erage Americans in the long term, so 2990 would inject greater competition, enced better job growth than States should Congress protect their imme- transparency and accountability in the paying only the Federal minimum diate financial needs by increasing the credit rating industry by eliminating wage. minimum wage. the SEC staff’s anti-competitive Among small retail businesses in Mr. Speaker, I reserve the balance of NRSRO process. This legislation re- those higher minimum-wage States, my time. places the current SEC staff designa- job growth was double the rest of the Mrs. CAPITO. Mr. Speaker, I yield 5 tion process for credit rating agencies country. Mr. Speaker, even Wal-Mart, minutes to the gentleman from Penn- as NRSROs with a registration process even Wal-Mart, hardly the champion of sylvania (Mr. FITZPATRICK), the spon- like that for other market partici- workers’ rights, has come out in sup- sor of the bill. pants, such as investment advisors and port of increasing the minimum wage, Mr. FITZPATRICK of Pennsylvania. broker-dealers. but not the Republican-controlled Con- Mr. Speaker, I thank my friend from In addition, H.R. 2990 would require gress. West Virginia for providing me the each rating agency to disclose relevant Republican priorities, in my opinion, time to speak on behalf of the Credit information so that investors would are messed up. You pass tax cut after Rating Agency Duopoly Relief Act, have the information they need to se- tax cut after tax cut after tax cut for H.R. 2990, the bill that I have intro- lect the rating agencies that they want millionaires, but you give a cold shoul- duced. to use. As a result, prices and anti- der to millions of American workers. I am here today in support, and competitive practices will be reduced, You give billions of dollars in tax strong support, of the rule. Mr. Speak- credit ratings quality will improve, and breaks and subsidies to big oil compa- er, it is vital that Congress bring trans- firms will innovate. nies that are gouging Americans at the parency, competition and account- Many organizations whose opinions gas pump, but you will not do a thing ability to the credit rating industry, matter support this legislation: The for workers who can no longer afford to and the time to do it is now. Bond Market Association, the Associa- fill their gas tanks. Mr. Speaker, it is extremely dis- tion for Financial Professionals, the And while all your giveaways to the turbing that the two largest nationally Investment Company Institute, the As- rich and powerful add greatly, hugely recognized statistical rating organiza- sociation for Financial Professionals, to our out-of-control deficit, increasing tions, known as NRSROs, in the indus- and the well-regarded Financial Serv- the minimum wage costs nothing; and try, Moody’s and Standard & Poor’s, ices Roundtable, who opposes Moody’s if anything, will help workers spend both rated Enron at investment grade and Standard & Poor’s. more and, in turn, will help improve just immediately prior to their bank- Mr. Speaker, I urge a ‘‘yes’’ vote on our economy. ruptcy filings. Essentially, Moody’s the rule. Mr. Speaker, does any Member of and Standard & Poor’s told the market Ms. MATSUI. Mr. Speaker, I yield 4 this House believe that the Federal that Enron was a safe investment. minutes to the gentleman from Massa- minimum wage, which is at $5.15 an Credit rating agencies claim that chusetts (Mr. MCGOVERN), my col- hour, is enough for a family to live, they are not in the business of detect- league on the Rules Committee. pay their bills, pay for gas, pay for ing fraud, but they are most certainly Mr. MCGOVERN. Mr. Speaker, I have health care, and get above the poverty in the business of impacting the bot- no problem with the rule before us. All line? Is the majority of this House so tom line of companies, municipalities germane amendments were made in out of touch that they do not realize and also school districts. The better order, but I rise because I do have a se- the urgency of this issue? Is corporate the credit rating, the lower the inter- rious problem with the way this House greed part of your Family Values est rate the borrower must pay to ex- is being run. Agenda? pand its operations, construct a road or There is something very, very wrong It is time for this Congress to do build a school. with this Congress when the Repub- what is right, to raise the Federal min- Enron was not their only blunder. lican leadership refuses to recognize imum wage. Moody’s and Standard & Poor’s also and appreciate the important contribu- Let us make a statement that we rated WorldCom as investment grade tions of workers in this country, and value all working Americans, not just just prior to their bankruptcy filing, consistently, and I would add callously, the ones that contribute to your cam- but there are other options throughout refuses to raise the Federal minimum paigns. You will have an opportunity the marketplace. wage. today to make a difference by voting Mr. Speaker, there are over 130 credit The Federal minimum wage is $5.15 against the previous question so that rating agencies in the financial mar- an hour. A full-time minimum-wage we can bring an increase in the min- ket. However, only five are designated worker’s annual pay is $10,712 a year. imum wage up for a vote. as nationally recognized statistical The last time Congress raised the min- I urge my Republican colleagues to rating organizations by the Securities imum wage was 9 years ago, and during demonstrate to the workers of this and Exchange Commission. This label, that same period of time, Congress has country that you get it, that you care. I would submit, is the root of the prob- voted to increase its own salary nine The American people are tired of the lem. To receive the elusive SEC dis- times, totaling nearly $35,000. indifference of your callousness, of tinction, companies must be nationally I would say to my colleagues on the your blatant disregard for their needs. recognized; that is, their ratings must other side of the aisle, Have a heart. This is supposed to be a government of be widely used and generally accepted Minimum-wage workers work every bit the people, for the people, and by the in the financial markets. This artifi- as hard as any Member of this Con- people. It is time for this Congress to cial barrier to entry has created a gress. start acting like that. chicken and the egg situation for non- Mr. Speaker, if the Republican lead- Mrs. CAPITO. Mr. Speaker, I yield NRSRO credit rating agencies trying ership continues to block a minimum- myself such time as I may consume. to enter this industry, thus forcing a wage increase, then it should repeal Mr. Speaker, I would like to remind duopoly that we have heard about. the congressional pay raise. my colleagues that the vote that we

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.018 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5059 are discussing is the rule on the duop- popular with their voters. What other America to make not only better in- oly bill, which will increase the num- justification is there for the House of vestment decisions, but to know that ber of credit rating agencies so that we Representatives not voting on the min- the company that they are working for can have more transparency, more ac- imum wage? and entrusting their savings with is countability, so that not only investors If Members are opposed to it, let going to have a fair and balanced look will be protected, but also those folks them vote ‘‘no.’’ I must say that the at their books. who work for those businesses who evidence, the last time we raised the We have no disagreement in terms of have 401(k)s who have their savings in- minimum wage in 1996, was overwhelm- the rule. We have two different ap- vested in the company that they work ingly that the minimum-wage increase proaches to this, and I think we would for. caused no negative effect on employ- really be well served to keep the debate This will provide for them better pro- ment. looking towards how we can best protections, better transparency, and bet- In fact, in those areas of the economy tect those working people under the ter accountability. at that time where the minimum wage realm of the bill that we are discussing Mr. Speaker, I reserve the balance of is relevant, there were job shortages today. my time. because the minimum wage, if any- Mr. Speaker, I reserve the balance of Ms. MATSUI. Mr. Speaker, I yield 4 thing, may have influenced some peo- my time. minutes to the gentleman from Massa- ple to enter the economy. So there is Ms. MATSUI. Mr. Speaker, I yield 4 chusetts (Mr. FRANK). no economic reason to vote against it. minutes to the gentleman from Penn- Mr. FRANK of Massachusetts. Mr. By the way, it is particularly rel- sylvania (Mr. KANJORSKI). Speaker, let me just emphasize that evant, and I speak here as a member of Mr. KANJORSKI. Mr. Speaker, I am there is no conflict between what the the Financial Services Committee, for generally pleased that the passage of gentlewoman from West Virginia said us to bring it up in this context, be- this rule will make in order a sub- and our approach. We are not trying to cause we have a bill that I have intro- stitute to H.R. 2990. I nevertheless rise displace the underlying bill. We are duced into the Financial Services Com- to express some concerns about the rule, as well as to articulate some of seeking to defeat the previous question mittee supported by people on our side my apprehensions about the underlying so we can also have a vote on the min- to give stockholders the right to vote imum wage. bill. on CEO salaries. Regarding the rule itself, the 20 min- Let me say first with regard to the We have this extraordinary disparity utes of debate for the substitute should underlying bill that the gentleman in this country between hardworking have been longer in considering H.R. from Pennsylvania, who is the ranking people doing difficult and unpleasant 2990. We also have a classic debate here member of our relevant subcommittee, jobs, 40 hours a week, for a pittance, on quantity versus quality. who is a very thoughtful student of $5.15 an hour, too little to support their At its core, 2990 seeks to promote these matters, has a substitute; and I families; and then we have CEOs get- competition among nationally recog- appreciate that it was made in order, ting tens and hundreds of millions of nized credit raters by increasing the which I think addresses the issue in a dollars when there is no connection be- quantity of approved agencies. Critics far more thoughtful fashion. tween their work and the success of of the present designation system have Interestingly, as he has noted, the their companies that anybody has been raised legitimate concerns about com- approach we are taking here does not able to measure. petition. I agree with the supporters of wait for input from the SEC, the Secu- I will say, the majority is consistent. 2990 that increasing competition in the rities and Exchange Commission. I They do not want us to vote to raise credit ratings used for regulatory pur- have found them to be in recent years the minimum wage, they do not want poses is a desirable goal. a very thoughtful contributor to the to vote to do anything about CEO sala- We, however, should not seek to in- process. So I will be strongly sup- ries. By the way, we do not want Con- crease quantity of raters by sacrificing porting the substitute the gentleman gress to set CEO salaries, we want to the quality of their ratings. In this de- from Pennsylvania has put forward. let the stockholders vote on them. bate, the issue of quality of ratings is But none of that says that there is Well, the majority is consistent. at least equally important as the issue any conflict between that and the min- They do not think that Congress ought of quantity of raters. We, therefore, imum wage. The amendment we will to vote on the minimum wage, they do should have had an equal amount of make, if the previous question is de- not think that stockholders ought to time to debate this quantity-quality feated, will not diminish any consider- vote on how CEOs get paid with the question on the floor. An equally bal- ation of the underlying bill, it will sim- stockholders’ money. anced debate between the substitute ply give the House a chance to vote on I guess we should take some comfort and the general debate on the bill the minimum wage. from the fact that the majority does would have allowed for a more thor- Now, that is what the majority ob- not want to allow a vote on this. The ough vetting of these important mat- jects to. They do not believe suffi- problem is that they understand that it ters. ciently in the democratic process to is popular with the American people, Now, let me turn to the bill itself. I allow a vote on it. Now, here is the rea- and they are afraid that it might pass, would like to use the remainder of my son. It certainly is not time. We fin- or alternatively, it would fail only time to make some observations. ished up about 3 o’clock yesterday after, what, a 3-or-4-hour roll call, in First, a robust, free market for trad- afternoon. We are going to finish about which enough Members were pressured ing debt securities relies on an inde- 3 o’clock this afternoon. We will be out not to vote for it, so it would fail by pendent assessment of financial Friday. We do very little those days. one vote. strength provided by credit rating The reason is very simple. There are We are really here talking about not agencies, entities like Moody’s, Fitch two sets of issues around today. One just economic fairness, but democracy. and Standard & Poor’s. set are issues that the American public This bill is the only opportunity we I have deep concerns and reservations favors and the majority does not. They have to get a vote on the minimum about considering H.R. 2990, because it do not come up, because the majority wage because the majority has refused dramatically alters the way in which is afraid they might pass. to allow democracy to function. we identify the bodies that issue the The other set of issues are those that Mrs. CAPITO. Mr. Speaker, I yield credit ratings used for essential regu- the majority favors and the American myself such time as I may consume. latory purposes and undermines the in- public does not. They do not come up Mr. Speaker, I find it rather ironic tegrity of credit ratings. More signifi- either. So we do very little because the that the bill before us today is a bill cantly, I am concerned that 2990 could majority has had to confront the fact that I think would help go a long way allow history to repeat itself. that its agenda is unpopular with the towards bringing more transparency Under the worst case scenario, the American people. As Members of the and accountability to credit rating bill would allow financial institutions majority are running for reelection, as agencies. They agree with the prin- to hold debt instruments in their port- are we, they are trying very hard to ciples behind the bill, which would folios that would not truly be invest- avoid those votes which would be un- avert and help the working people of ment grade, causing another taxpayer

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.020 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5060 CONGRESSIONAL RECORD — HOUSE July 12, 2006 bailout similar to the savings and loan lies trying to get by on $5.15 an hour, Let us think one more step, Fannie crisis. Moreover, the area of rating the lowest level in purchasing power in Mae and Freddie Mac. Some may be agency oversight is very technical. We 50 years. surprised to know that after a should have thus worked with the ex- We will have a recorded vote in a few multiyear, multibillion dollar restate- perts of the Securities and Exchange minutes on the previous question. This ment, Fannie Mae cannot issue finan- Commission on these specialized mat- is not an arcane parliamentary proce- cials that meet their auditing require- ters. dure. Every editorial board, every cit- ments for the public benefit. Today, The failure to work with our Nation’s izen group, every voter ought to under- they can’t. primary securities regulator on H.R. stand what this vote means. It means, Others may be surprised to learn that 2990 is unexplainable, and a poor way will we have a vote on the floor about 43 percent of America’s financial insti- to develop public policy. Instead of raising the minimum wage to some- tutions have 100 percent of their tier taking a hard approach with the Secu- thing that is tolerably humane? one capital requirement invested in rities and Exchange Commission and b 1130 Fannies and Freddies. Now, some peo- guiding the legislation for the best in- ple rush to say, oh, no, it is not all We have the time to do it. Mr. FRANK terests of the public, we do neither. Fannies and Freddies. Oh, great, it is pointed out, yesterday we finished leg- Mr. Speaker, this is important, not Farm Credit System; that is even bet- islative business midafternoon, today necessarily to the wealthiest or most ter. we will finish in the midafternoon. Fri- sophisticated investors in America; The point is, we have the financial day we won’t even be in. We have time. this is important to the average inves- security of our Nation and our finan- We could do it. cial system invested for the money in tors in America, their pension funds But I ask the majority party, do you the sock drawer when things go bad, and other investment instrumental- think we have no time? Has the major- the tier one capital requirement, so if ities. These nationally recognized sta- ity party no heart? Have they no brain? they hit a bump in the road, they can tistical rating organizations are not The evidence is clear: Raising the min- reach in the drawer and pull out a few just some dealership; they rate quality imum wage makes economic sense. of portfolios that affect trillions of dol- It is not just a matter of compassion bucks and pay off the loan. That lars in our economy. and heart, although that should be rea- money is tied up in Fannie and Freddie If we open up for purposes of quan- son enough to raise the minimum securities that this enterprise, S&P tity and competition this registration wage, but it is also good economic and Moody’s, have said are great, they without addressing the question of practice. are fine, notwithstanding the fact that quality, we run the risk that the We have the opportunity to do it. for 5 years corporate executives paid misusers of this proposal will file, will The minimum wage has been frozen for themselves $250 million in bonuses on register as a nationally recognized sta- nearly 9 years at this low, inhumane financials where they cooked the tistical rating organization, and will rate. The vote on the previous question books. Boy, we have got a great sys- literally be able to sell their ratings to is a very clear vote; it is whether or tem; I am going to fight to the death portfolios in the future and to instru- not we are going to leave these people over preserving this. ments in the future. stranded at the low, inhumane, min- Look at what it has done for Amer- What will happen and what is the imum-wage rate, or whether we, on the ica’s taxpayers and American inves- weakness here? This bill can pass floor, are going to consider raising it. tors. Man, if there ever was a clear-cut today, open up those loopholes and the That is what the vote means. case to make a change, why aren’t we reality will not be known for 5, 10 or 15 Mrs. CAPITO. Mr. Speaker, it is my making the change? If you don’t be- years, until the next financial crisis in honor to yield 4 minutes to Mr. BAKER lieve me, go to McGraw-Hill’s Web this country. of Louisiana, a champion of the Finan- page. Go to McGraw-Hill’s Web page We have no need to make this rush cial Services Committee. and look at the income from S&P, today. We should do it right. I ask that Mr. BAKER. I thank the gentle- which is a subsidiary of McGraw-Hill. the substitute be supported. woman for yielding time. In 2005, their operating revenue was 2.4 Mrs. CAPITO. Mr. Speaker, I reserve Mr. Speaker, I rise today to express billion; their operating profit was 1 bil- the balance of my time. concern about where we are and where lion. Now, friends, a 42.5 percent rate of Ms. MATSUI. Mr. Speaker, I yield 3 we have been with our current credit return on your operating expense is a minutes to the gentleman from New rating agency methodologies. pretty hefty rate of return; it rep- Jersey (Mr. HOLT). Many have come to the well today to resents 68 percent of McGraw-Hill’s en- Mr. HOLT. Mr. Speaker, I thank the express concern that we will be sacri- tire operating profit. McGraw-Hill is gentlewoman from California for yield- ficing quality for the sake of quantity. only one of 34 companies to have in- ing me time. Let us simply go back a few short creased its dividend payments for 33 Mr. Speaker, today we are consid- months, a few short years, and think consecutive years. ering legislation brought by the major- about the irate comments made on the Put it in perspective. In looking at ity party that will help investors in- floor of this House with the disclosures the first quarter performance in 2005 vest and help Fortune 500 companies of WorldCom and Enron and Global versus the similar quarter in 2004, increase their bottom line. I want to Crossing; and you make your own list. McGraw-Hill actually lost money in its talk about 15 million people who will Guess what, the keepers of the gate educational activities. It had in its in- not be affected by this bill, who will were on duty when all that happened. formation and media arena, down 65 not be investing any money this year, We can go back a little further to the percent; but financial services, which is the 15 million people trapped by the tragic loss of taxpayer resources in the S&P, it was up $222,512,000. low level of the Federal minimum S&L crisis. Guess who was on duty. I think I figured out 222 million rea- wage. It is the structure that some stand sons why this bill is controversial. It is Mr. Speaker, we should be discussing before the House today to defend and a fight about money. Let’s get it right legislation today to increase the Fed- decry that we are going to sacrifice this time. eral minimum wage. The Federal min- quality. Well, gentlemen, if that is Ms. MATSUI. I yield 5 minutes to the imum wage has not been brought to a your definition of quality, we have had gentleman from Wisconsin, my friend, vote on the House floor because the enough. It is time to make a change. Mr. OBEY. majority party will not allow it to be What do we suggest? Just lightly Mr. OBEY. Mr. Speaker, we are being brought. And yet millions of people are opening the doors and let someone run asked why we are raising the issue of stuck at a low minimum wage of $5.15 down the hall and say, now I am an the minimum wage on this legislation. an hour. NSRSO, I am qualified? No, you have The answer to that is very simple: The Just think about it. You do not have to be in business for 3 years. That is a way this House works, absolutely noth- to have a vivid imagination to under- pretty long internship to spend money ing can be brought to the floor for a stand how hard it is for a family, and and resources to establish you have the House vote unless we have the permis- many families we are talking about, ability to issue credit ratings on which sion of the majority party leadership not just high school kids, many fami- the market invests its confidence. to do so. And the fact is that for the

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.022 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5061 last month they have been absolutely In order to have credit, you have to Ms. MATSUI. Mr. Speaker, I will be stonewalling every single effort to have resources. In order to have re- asking Members to vote ‘‘no’’ on the bring an increase in the minimum wage sources in our country, we think you previous question so I can amend the to this floor. So that is why we are need to work. And when you work, we rule and provide this House with an op- raising this question on this rule. ought to pay you. We ought to pay you portunity to vote on legislation to in- This President and this Congress, a decent, fair wage for working hard crease the Federal minimum wage, this year, are going to provide $50 bil- and playing by the rules. something that has not happened in al- lion in tax cuts for people who make Now, some would say, well, we ought most 10 years. more than $1 million a year. This year, not to put this on this credit bill. If we I ask unanimous consent to insert the Congress has virtually voted to re- defeat the previous question, we are the text of the amendment and extra- peal the inheritance tax on the going to offer an increase in the min- neous materials immediately prior to wealthiest 1 percent of people in this imum wage to $7.25 over three incre- the vote on the previous question. society. This year, the Congress has ments starting with January 1, the The SPEAKER pro tempore. Is there also voted to make further cuts in cap- Miller-Owens bill. We are going to offer objection to the request of the gentle- ital gains, a huge portion of which go that because we think it is the right woman from California? thing to do. We are going to offer it be- There was no objection. to the wealthiest 10 percent of the peo- Ms. MATSUI. Mr. Speaker, my ple in this country. This year, the Con- cause we think the overwhelming majority of Americans think it is the amendment to the rule provides that gress is apparently willing to allow the immediately after the House adopts cost-of-living increase to go through right thing to do. In fact, in polling data, they show that 86 percent of this rule, it will bring H.R. 2429 to the for Members of Congress, but for those Americans think it is fair and right House floor for an up-or-down vote. stuck at the bottom of our economy on and timely to increase the minimum This bill will gradually increase the the minimum wage, they are being wage. minimum wage from the current level told, ‘‘sorry, suckers, you have got to If, in 1968, we applied simply the of $5.15 an hour to $7.25 an hour after wait for the ninth year in a row with- same cost-of-living adjustment we pro- about 2 years. out an adjustment in your wages.’’ vided for Social Security recipients, This bill has 136 cosponsors and a dis- That is not right, it is not fair, and it minimum-wage workers would be earn- charge petition to bring to the House, is not moral. ing $9.05 today. Now, what would that the bill to the floor, and has the signa- The value of the minimum wage is at do? That would take them above the tures of 190 Members of the House. This a 51-year low. The gap between the poverty line. Right now, if you work bill is also identical to language as in- wealthiest 1 percent of people in this hard and play by the rules and you are cluded in the Labor-HHS appropria- society and everybody else has never one of 6.6 million Americans, 75 percent tions bill that was blocked by the lead- been broader than it is today. It is far of whom are adults, and you take them ership just last month. worse than it is in merry olde England and pay them fully the minimum wage, Mr. Speaker, it is unconscionable with its monarchy and its House of they are living in poverty. That is not that this Congress has refused to help Lords and its House of Commons. right in America. America’s low-income workers and This economy is working fabulously In Florida, they put this issue on the their families by increasing the min- well for the Shaquille O’Neals of this ballot, and 72 percent of Floridians imum wage. Somehow there is always society or the CEOs of our Fortune 500 went to the polls and not only in- time for another tax break for multi- corporations. They are making at least creased the minimum wage, but in- millionaires who don’t need the money, 200 times as much as the average work- cluded in it a cost escalator for infla- but nothing to ease the financial strug- ers do in this country. Under Jack Ken- tion, 72 percent of Floridians. gle that low-income families face each nedy, that ratio was about 16 times as Ladies and gentlemen, this is the fair day. much. That shows you what has hap- thing to do, it is the right thing to do, The minimum wage is now at its low- pened over the past generation. it is the timely thing to do. est level in 50 years. A full-time, min- A minimum-wage increase can help And, very frankly, those on the minimum-wage earner earns just $10,700 a make this economy work for every- imum wage, mired in poverty and hope- year, an amount that is $5,000 below body, not just those at the top of the lessness, we talk about an opportunist the poverty line for a family of three. ladder. It can help lift all boats, not society. There is no opportunity living It takes a full day’s pay just to pay for just the yachts. in poverty. If you believe in an oppor- a tank of gas. tunist society, you believe in paying This Congress has had time to name b 1145 dozens of post offices, it has found time people a decent wage so in the richest to tell Terry Schiavo’s family in Flor- Nation on the face of the Earth they Mr. Speaker, I urge all Members to ida how to handle their own private have an opportunity to survive. vote ‘‘no’’ on the previous question so business, but somehow the Republican This President talks about an owner- that we can help millions and millions of American workers who would di- leadership of this House can’t find the ship society. Which one of you thinks rectly benefit from an increase in the time to respond to the needs of people that on $5.15 an hour you can own any- minimum wage. on life’s underside. thing, your car, your home, your hope? What defeating the previous question I yield back the balance of my time. It is about time we have a change in will do is it will give hope to 6.6 million Mrs. CAPITO. Mr. Speaker, let me direction on that score in this country. people, and indeed many more, because conclude my remarks by reminding my It is about time we have a change of those 6.6 million people live in families colleagues that defeating the previous heart in this place. It is about time that are struggling as well, and they question is nothing more than an exer- that we do something about the wage are participating in trying to make it cise because the minority wants to needs of the poorest people in this soci- with those families. offer an amendment that would other- ety. And that is why I would urge peo- Ladies and gentlemen, defeat the pre- wise be ruled out of order as non- ple to vote against the previous ques- vious question. Let us pass the min- germane. So the vote is without sub- tion in protest to the Republican lead- imum wage. It is far past the time stance. ership’s stonewalling of this issue. when we should have done that, but it The previous question vote itself is a Mrs. CAPITO. Mr. Speaker, I reserve is time today that we do do that. Let’s procedural motion to close debate on the balance of my time. be fair. Raise the minimum wage. this rule and proceed to a vote on its Ms. MATSUI. Mr. Speaker, I yield 3 Mrs. CAPITO. Mr. Speaker, I reserve adoption. The vote has no substantive minutes to the gentleman from Mary- the balance of my time. policy implications whatsoever. land, the Democratic whip, Mr. HOYER. Ms. MATSUI. Mr. Speaker, I have no At this point in the RECORD, Mr. Mr. HOYER. Mr. Speaker, I thank further speakers. And since the gentle- Speaker, I insert an explanation of the the gentlewoman for yielding, and I woman has no further speakers, I will previous question. rise and I certainly adopt the remarks go to closing. THE PREVIOUS QUESTION VOTE: WHAT DOES IT of Mr. OBEY from Wisconsin. The SPEAKER pro tempore. The gen- MEAN? We are talking about a credit bill. We tlewoman from California has 31⁄2 min- House Rule XIX (‘‘Previous Question’’) pro- are talking about making it in order. utes remaining. vides in part that:

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.024 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5062 CONGRESSIONAL RECORD — HOUSE July 12, 2006 There shall be a motion for the previous merely a procedural vote. A vote against or- Ms. MATSUI. Mr. Speaker, on that I question, which, being ordered, shall have dering the previous question is a vote demand the yeas and nays. the effect of cutting off all debate and bring- against the Republican majority agenda and The yeas and nays were ordered. ing the House to a direct vote on the imme- a vote to allow the opposition, at least for The SPEAKER pro tempore. Pursu- diate question or questions on which it has the moment, to offer an alternative plan. It been ordered. is a vote about what the House should be de- ant to clause 8 of rule XX, further pro- In the case of a special rule or order of bating. ceedings on this question will be post- business resolution reported from the House Mr. Clarence Cannon’s Precedents of the poned. Rules Committee, providing for the consider- House of Representatives, (VI, 308–311) de- f ation of a specified legislative measure, the scribes the vote on the previous question on previous question is moved following the one the rule as ‘‘a motion to direct or control the CARL D. PERKINS CAREER AND hour of debate allowed for under House consideration of the subject before the House TECHNICAL EDUCATION IM- Rules. being made by the Member in charge.’’ To PROVEMENT ACT OF 2005 The vote on the previous question is sim- defeat the previous question is to give the ply a procedural vote on whether to proceed opposition a chance to decide the subject be- Mr. MCKEON. Mr. Speaker, I ask to an immediate vote on adopting the resolu- fore the House. Cannon cites the Speaker’s unanimous consent to take from the tion that sets the ground rules for debate ruling on January 13, 1920, to the effect that Speaker’s table the Senate bill (S. 250) and amendment on the legislation it would ‘‘the refusal of the House to sustain the de- to amend the Carl D. Perkins Voca- make in order. Therefore, the previous ques- mand for the previous question passes the tional and Technical Education Act of control of the resolution to the opposition’’ tion has no substantive legislative or policy 1998 to improve the Act, and ask for its implications whatsoever. in order to offer an amendment. On March 15, 1909, a member of the majority party of- immediate consideration in the House. Mr. Speaker, I would like to say that fered a rule resolution. The House defeated The Clerk read the title of the Senate the underlying legislation is an impor- the previous question and a member of the bill. tant step towards improving trans- opposition rose to a parliamentary inquiry, The SPEAKER pro tempore. Is there parency in the credit rating industry asking who was entitled to recognition. objection to the request of the gen- and the quality of information pro- Speaker Joseph G. Cannon (R09Illinois) said: tleman from California? vided by the agencies. The industries ‘‘The previous question having been refused, the gentleman from New York, Mr. Fitz- There was no objection. receiving credit ratings are wide-rang- gerald, who had asked the gentleman to The Clerk read the Senate bill, as fol- ing, from information technology, yield to him for an amendment, is entitled to lows: healthcare, manufacturing, financial the first recognition.’’ S. 250 Because the vote today may look bad for services, and the list goes on. Be it enacted by the Senate and House of Rep- the Republican majority they will say ‘‘the I would also like to remind my col- resentatives of the United States of America in vote on the previous question is simply a leagues that many, many workers in Congress assembled, America and investors in America are vote on whether to proceed to an immediate vote on adopting the resolution * * * [and] SECTION 1. SHORT TITLE; TABLE OF CONTENTS. heavily reliant on the full health of the has no substantive legislative or policy im- (a) SHORT TITLE.—This Act may be cited as companies that they work for and in- plications whatsoever.’’ But that is not what the ‘‘Carl D. Perkins Career and Technical vest in, all up and down the economic they have always said. Listen to the Repub- Education Improvement Act of 2005’’. ladder. Allowing smaller industry spe- lican Leadership Manual on the Legislative (b) TABLE OF CONTENTS.—The table of con- cific credit rating agencies to enter the Process in the United States House of Rep- tents for this Act is as follows: Sec. 1. Short title; table of contents. market will improve the information resentatives, (6th edition, page 135). Here’s how the Republicans describe the previous Sec. 2. References. provided to investors. question vote in their own manual: Although Sec. 3. Purpose. We cannot forget those workers of it is generally not possible to amend the rule Sec. 4. Definitions. Enron and WorldCom who were saving because the majority Member controlling Sec. 5. Transition provisions. for colleges, saving for retirement, and the time will not yield for the purpose of of- Sec. 6. Limitation. basically left penniless. With the ever- fering an amendment, the same result may Sec. 7. Authorization of appropriations. increasing importance placed on these be achieved by voting down the previous TITLE I—CAREER AND TECHNICAL EDU- ratings by investors, it is important question on the rule * * * When the motion CATION ASSISTANCE TO THE STATES that clear requirements for registra- for the previous question is defeated, control Sec. 101. Career and technical education as- of the time passes to the Member who led the sistance to the States. tion of credit rating agencies be cre- opposition to ordering the previous question. ated, and this legislation is a giant Sec. 102. Reservations and State allotment. That Member, because he then controls the Sec. 103. Within State allocation. step towards that goal. time, may offer an amendment to the rule, I would like to remind my colleagues Sec. 104. Accountability. or yield for the purpose of amendment.’’ Sec. 105. National activities. Deschler’s Procedure in the U.S. House of that this fair rule makes in order all Sec. 106. Assistance for the outlying areas. Representatives, the subchapter titled germane amendments that were pre- Sec. 107. Native American program. ‘‘Amending Special Rules’’ states: ‘‘a refusal sented to the Committee on Rules. Sec. 108. Tribally controlled postsecondary to order the previous question on such a rule The material previously referred to career and technical institu- [a special rule reported from the Committee tions. by Ms. MATSUI is as follows: on Rules] opens the resolution to amend- Sec. 109. Occupational and employment in- PREVIOUS QUESTION ON H. RES. 906, RULE FOR ment and further debate.’’ (Chapter 21, sec- formation. H.R. 2990 CREDIT RATING AGENCY DUOPOLY tion 21.2) Section 21.3 continues: ‘‘Upon re- Sec. 110. State administration. RELIEF ACT jection of the motion for the previous ques- Sec. 111. State plan. At the end of the resolution add the fol- tion on a resolution reported from the Com- Sec. 112. Improvement plans. lowing new section: mittee on Rules, control shifts to the Mem- Sec. 113. State leadership activities. ‘‘SEC. 2. Immediately upon the adoption of ber leading the opposition to the previous Sec. 114. Distribution of funds to secondary this resolution it shall be in order without question, who may offer a proper amendment intervention of any point of order to con- or motion and who controls the time for de- school programs. sider in the House the bill (H.R. 2429) to bate thereon.’’ Sec. 115. Distribution of funds for postsec- amend the Fair Labor Standards Act of 1938 Clearly, the vote on the previous question ondary career and technical to provide for an increase in the Federal on a rule does not have substantive policy education programs. minimum wage. The bill shall be considered implications. It is one of the only available Sec. 116. Special rules for career and tech- as read for amendment. The previous ques- tools for those who oppose the Republican nical education. tion shall be considered as ordered on the majority’s agenda to offer an alternative Sec. 117. Local plan for career and technical bill to final passage without intervening mo- plan. education programs. tion except: (1) 60 minutes of debate equally Sec. 118. Local uses of funds. Mrs. CAPITO. Mr. Speaker, I yield Sec. 119. Tech-Prep education. divided and controlled by the chairman and back the balance of my time, and I TITLE II—GENERAL PROVISIONS ranking minority member of the Committee move the previous question on the res- on Education and the Workforce; and (2) one olution. Sec. 201. Redesignation of title. motion to recommit with or without instruc- The SPEAKER pro tempore. The Sec. 202. Fiscal requirements. tions.’’ Sec. 203. Voluntary selection and participa- question is on ordering the previous tion. THE VOTE ON THE PREVIOUS QUESTION: WHAT question. Sec. 204. Limitation for certain students. IT REALLY MEANS The question was taken; and the Sec. 205. Authorization of Secretary; partici- This vote, the vote on whether to order the Speaker pro tempore announced that pation of private school per- previous question on a special rule, is not the ayes appeared to have it. sonnel.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0655 E:\CR\FM\A12JY7.004 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5063 Sec. 206. Student assistance and other Fed- ‘‘(ii) a sub-baccalaureate degree granting certificate, a degree, or completion of a rec- eral programs. postsecondary educational institution and a ognized apprenticeship program.’’; Sec. 207. Table of contents. baccalaureate degree granting postsecondary (7) in paragraph (10) (as redesignated by SEC. 2. REFERENCES. educational institution; and paragraph (2)), by striking ‘‘5206’’ and insert- Except as otherwise expressly provided, ‘‘(B) to a program that is designed to pro- ing ‘‘5210’’; wherever in this Act an amendment or repeal vide students with a nonduplicative sequence (8) by inserting after paragraph (10) (as re- is expressed in terms of an amendment to, or of progressive achievement leading to tech- designated by paragraph (2)) the following: repeal of, a section or other provision, the nical skill proficiency, a credential, a certifi- ‘‘(11) COMMUNITY COLLEGE.—The term ‘com- reference shall be considered to be made to a cate, or a degree, and linked through credit munity college’— section or other provision of the Carl D. Per- transfer agreements.’’; ‘‘(A) means an institution of higher edu- kins Vocational and Technical Education (6) by inserting after paragraph (4) (as cation, as defined in section 101 of the Higher Act of 1998 (20 U.S.C. 2301 et seq.). amended by paragraph (5)) the following: Education Act of 1965, that provides not less SEC. 3. PURPOSE. ‘‘(5) CAREER AND TECHNICAL EDUCATION.— than a 2-year program that is acceptable for Section 2 (20 U.S.C. 2301) is amended— The term ‘career and technical education’ full credit toward a baccalaureate degree; (1) by striking ‘‘vocational’’ each place the means organized educational activities and term appears and inserting ‘‘career’’; that— ‘‘(B) includes tribally controlled colleges (2) in paragraph (1), by striking ‘‘stand- ‘‘(A) offer a sequence of courses (which or universities.’’; ards’’ and inserting ‘‘and technical stand- may include work-based learning experi- (9) in paragraph (12) (as redesignated by ards, and to assist students in meeting such ences) that— paragraph (2))— standards, including student academic ‘‘(i) provides individuals with the chal- (A) by striking ‘‘method of instruction’’ achievement standards, especially in prepa- lenging academic and technical knowledge and inserting ‘‘method’’; and ration for high skill, high wage, or high de- and skills the individuals need to prepare for (B) by striking ‘‘vocational’’ and inserting mand occupations in emerging or established further education and for careers in emerg- ‘‘career’’; professions’’; ing and established professions; and (10) by inserting after paragraph (12) (as re- (3) in paragraph (2), by inserting ‘‘chal- ‘‘(ii) may lead to technical skill pro- designated by paragraph (2) and amended by lenging’’ after ‘‘integrate’’; ficiency, a credential, a certificate, or a de- paragraph (9)) the following: (4) in paragraph (3), by striking ‘‘and’’ gree; and ‘‘(13) CORE ACADEMIC SUBJECTS.—The term after the semicolon; ‘‘(B) include competency-based applied (5) in paragraph (4)— learning that contributes to the academic ‘core academic subjects’ has the meaning (A) by inserting ‘‘conducting and’’ before knowledge, higher-order reasoning and prob- given the term in section 9101 of the Elemen- ‘‘disseminating national’’; lem-solving skills, work attitudes, general tary and Secondary Education Act of 1965, (B) by inserting ‘‘disseminating informa- employability skills, technical skills, occu- except that under this Act such subjects in- tion on best practices,’’ after ‘‘national re- pation-specific skills, and knowledge of all cluded in such term shall be only those sub- search,’’; and aspects of an industry, including entrepre- jects in a secondary school context.’’; (C) by striking the period at the end and neurship, of an individual. (11) in paragraph (16) (as redesignated by inserting a semicolon; and ‘‘(6) CAREER AND TECHNICAL EDUCATION STU- paragraph (2)), by striking ‘‘vocational’’ both (6) by adding at the end the following: DENT.—The term ‘career and technical edu- places the term appears and inserting ‘‘ca- ‘‘(5) promoting leadership, initial prepara- cation student’ means a student who enrolls reer’’; tion, and professional development at the in a clearly defined sequence of career and (12) in paragraph (17) (as redesignated by State and local levels, and developing re- technical education courses (which may in- paragraph (2))— search and best practices for improving the clude work-based learning experiences) lead- (A) in subparagraph (A), by striking ‘‘an quality of career and technical education ing to attainment of technical skill pro- institution of higher education’’ and insert- teachers, faculty, principals, administrators, ficiency, a credential, a certificate, or a de- ing ‘‘a public or nonprofit private institution and counselors; gree. of higher education that offers career and ‘‘(6) supporting partnerships among sec- ‘‘(7) CAREER AND TECHNICAL STUDENT ORGA- technical education courses that lead to ondary schools, postsecondary institutions, NIZATION.— technical skill proficiency, an industry-rec- baccalaureate degree granting institutions, ‘‘(A) IN GENERAL.—The term ‘career and ognized credential, a certificate, or a de- area career technical centers, local work- technical student organization’ means an or- gree’’; and force investment boards, business and indus- ganization for individuals enrolled in a ca- (B) in subparagraph (C), by striking ‘‘voca- try, professional associations, and inter- reer and technical education program that tional’’ and inserting ‘‘career’’; mediaries; and engages in career and technical education (13) in paragraph (18)(A) (as redesignated ‘‘(7) developing a highly skilled workforce activities as an integral part of the instruc- by paragraph (2)), by striking ‘‘agency, an needed to keep America competitive in the tional program. area vocational’’ and inserting ‘‘agency (in- global economy in conjunction with other ‘‘(B) STATE AND NATIONAL UNITS.—An orga- cluding a public charter school that operates Federal education and training programs, in- nization described in subparagraph (A) may as a local educational agency), an area ca- cluding workforce investment programs, have State and national units that aggregate reer’’; that provide lifelong learning for the work- the work and purposes of instruction in ca- (14) by inserting after paragraph (19) (as re- force of today and tomorrow.’’. reer and technical education at the local designated by paragraph (2)) the following: SEC. 4. DEFINITIONS. level. ‘‘(20) GRADUATION AND CAREER PLAN.—The Section 3 (20 U.S.C. 2302) is amended— ‘‘(8) CAREER GUIDANCE AND ACADEMIC COUN- term ‘graduation and career plan’ means a (1) by striking paragraphs (29) and (30); SELING.—The term ‘career guidance and aca- written plan for a secondary career and tech- (2) by redesignating paragraphs (5), (6), (7) demic counseling’ means providing access to nical education student, that— through (12), (13) through (16), (17) through information regarding career awareness and ‘‘(A) is developed with career guidance and (22), and (23) through (28), as paragraphs (10), planning with respect to an individual’s oc- academic counseling or other professional (12), (14) through (19), (21) through (24), (26) cupational and academic future that shall staff, and in consultation with parents, not through (31), and (33) through (38), respec- involve guidance and counseling with respect later than in the first year of secondary tively; to career options, including baccalaureate school or upon enrollment in career and (3) in paragraph (2), by inserting ‘‘, includ- degree programs, financial aid, and postsec- technical education; ing employment statistics and information ondary options. ‘‘(B) is reviewed annually and modified as relating to national, regional, and local ‘‘(9) CAREER PATHWAY.—The term ‘career labor market areas, as provided pursuant to pathway’ means a coordinated and non- needed; section 118, and career ladder information, duplicative sequence of courses (which may ‘‘(C) includes relevant information on— where appropriate’’ after ‘‘to enter’’; include work-based learning experiences) and ‘‘(i) secondary school requirements for (4) in paragraph (3)— associated credits that— graduating with a diploma; (A) in the paragraph heading, by striking ‘‘(A) shall identify both secondary and ‘‘(ii) postsecondary education admission ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; and postsecondary education elements; requirements; and (B) by striking ‘‘vocational’’ each place the ‘‘(B) shall include challenging academic ‘‘(iii) high skill, high wage, or high demand term appears and inserting ‘‘career’’; and career and technical education content occupations and nontraditional fields in (5) by striking paragraph (4) and inserting that adequately prepares students to pursue emerging and established professions, and the following: the postsecondary education element identi- labor market indicators; and ‘‘(4) ARTICULATION AGREEMENT.—The term fied under subparagraph (A); ‘‘(D) states the student’s secondary school ‘articulation agreement’ means a written ‘‘(C) may include the opportunity for sec- graduation goals, postsecondary education commitment— ondary students to participate in dual or and training, or employment goals, and iden- ‘‘(A) that is approved annually by the rel- concurrent enrollment programs or other tifies 1 or more career pathways that cor- evant administrators of— ways to acquire postsecondary credits; and respond to the goals.’’; ‘‘(i) a secondary institution and a postsec- ‘‘(D) culminates in technical skill pro- (15) by inserting after paragraph (24) (as re- ondary educational institution; or ficiency, an industry-recognized credential, a designated by paragraph (2)) the following:

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.006 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5064 CONGRESSIONAL RECORD — HOUSE July 12, 2006

‘‘(25) LOCAL WORKFORCE INVESTMENT SEC. 5. TRANSITION PROVISIONS. ‘‘(i) an amount determined by the eligible BOARD.—The term ‘local workforce invest- Section 4 (20 U.S.C. 2303) is amended by agency shall be made available to serve indi- ment board’ means a local workforce invest- striking ‘‘the Carl D. Perkins Vocational and viduals in State institutions, such as State ment board established under section 117 of Applied Technology Education Act’’ and all correctional institutions and institutions the Workforce Investment Act of 1998 (29 that follows through the period and inserting that serve individuals with disabilities; and U.S.C. 2832).’’; ‘‘this Act, as this Act was in effect on the ‘‘(ii) not less than $60,000 shall be available (16) in paragraph (26) (as redesignated by day before the date of enactment of the Carl for services that prepare individuals for non- paragraph (2))— D. Perkins Career and Technical Education traditional fields; and (A) in the paragraph heading, by striking Improvement Act of 2005. Each eligible agen- ‘‘(B) administration of the State plan, ‘‘TRAINING AND EMPLOYMENT’’ and inserting cy shall be assured a full fiscal year for tran- which may be used for the costs of— ‘‘FIELDS’’; and sition to plan for and implement the require- ‘‘(i) developing the State plan; (B) by striking ‘‘training and employment’’ ments of this Act.’’. ‘‘(ii) reviewing the local plans; and inserting ‘‘fields’’; SEC. 6. LIMITATION. ‘‘(iii) monitoring and evaluating program (17) in paragraph (27) (as redesignated by Section 6 (20 U.S.C. 2305) is amended by effectiveness; paragraph (2)), by striking ‘‘the Common- striking the second sentence. ‘‘(iv) assuring compliance with all applica- wealth’’ and all that follows through the pe- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ble Federal laws; riod and inserting ‘‘and the Commonwealth Section 8 (20 U.S.C. 2307) is amended— ‘‘(v) providing technical assistance; and of the Northern Mariana Islands.’’; (1) by striking ‘‘title II’’ and inserting ‘‘(vi) supporting and developing State data (18) by inserting after paragraph (31) (as re- ‘‘part D of title I’’; and systems relevant to the provisions of this designated by paragraph (2)) the following: (2) by striking ‘‘1999 through 2003’’ and in- Act.’’; (2) in subsection (b), by striking ‘‘sub- ‘‘(32) SELF-SUFFICIENCY.—The term ‘self- serting ‘‘2006 through 2011’’. section (a)(3)’’ both places the term appears sufficiency’ means a standard that is adopt- TITLE I—CAREER AND TECHNICAL and inserting ‘‘subsection (a)(2)(B)’’; and ed, calculated, or commissioned by a local EDUCATION ASSISTANCE TO THE STATES (3) by striking subsection (c) and inserting area or State, and which adjusts for local SEC. 101. CAREER AND TECHNICAL EDUCATION the following: factors, in specifying the income needs of ASSISTANCE TO THE STATES. ‘‘(c) RESERVE.—From amounts made avail- families, by family size, the number and ages Title I (20 U.S.C. 2321 et seq.) is amended able under subsection (a)(1) to carry out this of children in the family, and sub-State geo- by striking the title heading and inserting subsection, an eligible agency may— graphical considerations.’’; the following: ‘‘(1) award grants to eligible recipients, or (19) in paragraph (33) (as redesignated by ‘‘TITLE I—CAREER AND TECHNICAL EDU- consortia of eligible recipients, for career paragraph (2))— CATION ASSISTANCE TO THE STATES’’. and technical education activities described (A) in subparagraph (C), by striking ‘‘train- in section 135 in— ing and employment’’ and inserting ‘‘fields’’; SEC. 102. RESERVATIONS AND STATE ALLOT- MENT. ‘‘(A) rural areas; or and Section 111(a) (20 U.S.C. 2321(a)) is amend- ‘‘(B) areas with high percentages or high (B) in subparagraph (F), by striking ‘‘indi- ed— numbers of career and technical education viduals with other barriers to educational (1) in paragraph (1)(C), by striking ‘‘2001 students; achievement, including’’; through 2003,’’ and inserting ‘‘2006 through ‘‘(2) reserve funds, with the approval of (20) in paragraph (35) (as redesignated by 2011,’’; and participating eligible recipients, for— paragraph (2)) by striking ‘‘, and instruc- (2) by striking paragraphs (3) and (4) and ‘‘(A) innovative statewide initiatives that tional aids and devices’’ and inserting ‘‘in- inserting the following: demonstrate benefits for eligible recipients, structional aids, and work supports’’; ‘‘(3) MINIMUM ALLOTMENT.—Subject to which may include— (21) by striking paragraph (36) (as redesig- paragraph (4), no State, other than the ‘‘(i) developing and implementing tech- nated by paragraph (2)) and inserting the fol- United States Virgin Islands, shall receive nical assessments; lowing: for a fiscal year under this subsection less ‘‘(ii) improving the initial preparation and ‘‘(36) TECH-PREP PROGRAM.—The term than 1⁄2 of 1 percent of the amount appro- professional development of career and tech- ‘tech-prep program’ means a program of priated under section 8 and not reserved nical education teachers, faculty, principals, study that— under paragraph (1) for such fiscal year. administrators, and counselors; and ‘‘(A) combines at a minimum 2 years of Amounts necessary for increasing such pay- ‘‘(iii) establishing, enhancing, and sup- secondary education (as determined under ments to States to comply with the pre- porting systems for accountability data col- State law) with a minimum of 2 years of ceding sentence shall be obtained by ratably lection or reporting purposes; or postsecondary education in a nonduplicative, reducing the amounts to be paid to other ‘‘(B) the development and implementation sequential course of study; States. of career pathways or career clusters; and ‘‘(B) integrates academic and career and ‘‘(4) HOLD HARMLESS.— ‘‘(3) carry out activities described in para- technical education instruction, and utilizes ‘‘(A) FISCAL YEARS 2006 THROUGH 2008.—Not- graphs (1) and (2).’’. work-based and worksite learning where ap- withstanding paragraph (3), no State shall SEC. 104. ACCOUNTABILITY. propriate and available; receive an allotment under this section for Section 113 (20 U.S.C. 2323) is amended— ‘‘(C) provides technical preparation in a ca- each of the fiscal years 2006 through 2008 that (1) by striking ‘‘vocational’’ each place the reer field, including high skill, high wage, or is less than the allotment the State received term appears and inserting ‘‘career’’; high demand occupations; under this part (as this part was in effect on (2) in subsection (a)— ‘‘(D) builds student competence in tech- the day before the date of enactment of the (A) by striking ‘‘a State performance ac- nical skills and in core academic subjects, as Carl D. Perkins Career and Technical Edu- countability system’’ and inserting ‘‘and appropriate, through applied, contextual, cation Improvement Act of 2005) for fiscal support State and local performance ac- and integrated instruction, in a coherent se- year 2005. countability systems’’; and quence of courses (which may include work- ‘‘(B) FISCAL YEARS 2009 THROUGH 2011.—Not- (B) by inserting ‘‘and its eligible recipi- based learning experiences); withstanding paragraph (3), no State shall ents’’ after ‘‘of the State’’; ‘‘(E) leads to technical skill proficiency, an receive an allotment under this section for (3) in subsection (b)— industry-recognized credential, a certificate, each of the fiscal years 2009 through 2011 that (A) in paragraph (1)— or a degree, in a specific career field; is less than 95 percent of the allotment the (i) in subparagraph (A), by striking ‘‘para- ‘‘(F) leads to placement in high skill, high State received under this section for the pre- graph (2)(A)’’ and inserting ‘‘subparagraphs wage employment or to further education; ceding fiscal year. (A) and (B) of paragraph (2)’’; and and ‘‘(C) RATABLE REDUCTION.—If for any fiscal (ii) in subparagraph (B), by striking ‘‘(G) utilizes career pathways, to the ex- year the amount appropriated for allotments ‘‘(2)(B)’’ and inserting ‘‘(2)(C)’’; tent practicable.’’; and under this section is insufficient to satisfy (B) in paragraph (2)— (22) in paragraph (38) (as redesignated by the requirements of subparagraph (A) or (B), (i) by striking subparagraph (A) and insert- paragraph (2))— the payments to all States under such sub- ing the following: (A) in the paragraph heading, by striking paragraph shall be ratably reduced.’’. ‘‘(A) CORE INDICATORS OF PERFORMANCE FOR ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; SEC. 103. WITHIN STATE ALLOCATION. SECONDARY CAREER AND TECHNICAL EDUCATION (B) in the matter preceding subparagraph Section 112 (20 U.S.C. 2322) is amended— STUDENTS.—Each eligible agency shall iden- (A)— (1) in subsection (a)— tify in the State plan core indicators of per- (i) by striking ‘‘vocational’’ and inserting (A) in paragraph (1), by adding ‘‘and’’ after formance for secondary career and technical ‘‘career’’; the semicolon; and education students that include, at a min- (ii) by striking ‘‘paragraph (2)’’ and insert- (B) by striking paragraphs (2) and (3) and imum, measures of each of the following: ing ‘‘subsection (a)(2)’’; and inserting the following: ‘‘(i) Student achievement on technical as- (iii) by striking ‘‘paragraph (5)(A)’’ and in- ‘‘(2) not more than 15 percent or $750,000, sessments and attainment of career and serting ‘‘subsection (a)(5)’’; and whichever is greater, for— technical skill proficiencies that are aligned (C) in subparagraph (F), by striking ‘‘voca- ‘‘(A) State leadership activities described with nationally recognized industry stand- tional’’ and inserting ‘‘career’’. in section 124, of which— ards, if available and appropriate.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.006 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5065 ‘‘(ii) Student attainment of challenging (aa) by striking ‘‘paragraph (2)(A)’’ and in- justed levels of performance for the eligible academic content standards and student aca- serting ‘‘subparagraphs (A) and (B) of para- recipient for such years and shall be incor- demic achievement standards, as adopted by graph (2)’’; porated into the local plan. the State under section 1111(b)(1) of the Ele- (bb) by inserting ‘‘after taking into ac- ‘‘(v) FACTORS.—The agreement described in mentary and Secondary Education Act of count the local adjusted levels of perform- clause (iii) or (iv) shall take into account— 1965 and measured by the academic assess- ance and’’ after ‘‘eligible agency,’’; and ‘‘(I) how the levels of performance involved ments described in section 1111(b)(3) of such (cc) by striking subclause (II) and inserting compare with the local adjusted levels of Act, consistent with State requirements. the following: performance established for other eligible re- ‘‘(iii) Student rates of attainment of— ‘‘(II) require the eligible recipients to cipients, taking into account factors includ- ‘‘(I) a secondary school diploma; make continuous and significant improve- ing the characteristics of participants when ‘‘(II) the recognized equivalent of a sec- ment in career and technical achievement of the participants entered the program and the ondary school diploma; career and technical education students, in- services or instruction to be provided; and ‘‘(III) technical skill proficiency; cluding special populations.’’; ‘‘(II) the extent to which the local adjusted ‘‘(IV) an industry-recognized credential; (II) in clause (v)— levels of performance involved promote con- ‘‘(V) a certificate; and (aa) in the clause heading, by striking tinuous and significant improvement on the ‘‘(VI) a degree. ‘‘3RD, 4TH, AND 5TH’’ and inserting ‘‘SUBSE- core indicators of performance by the eligi- ‘‘(iv) Placement in postsecondary edu- QUENT’’; ble recipient. cation, military service, apprenticeship pro- (bb) by striking ‘‘third program year’’ and ‘‘(vi) REVISIONS.—If unanticipated cir- inserting ‘‘third and fifth program years’’; grams, or employment. cumstances arise with respect to an eligible and ‘‘(v) Student participation in, and comple- recipient resulting in a significant change in (cc) by striking ‘‘third, fourth, and fifth’’ tion of, career and technical education pro- the factor described in clause (v)(II), the eli- and inserting ‘‘corresponding subsequent’’; grams that lead to employment or self-em- gible recipient may request that the local (III) in clause (vi)(II), by inserting ‘‘and ployment in nontraditional fields.’’; adjusted levels of performance agreed to significant’’ after ‘‘continuous’’; and (ii) by redesignating subparagraphs (B) under clause (iii) or (iv) be revised. The eligi- (IV) in clause (vii), by striking ‘‘or (vi)’’ through (D) as subparagraphs (C) through ble agency shall issue objective criteria and and inserting ‘‘or (v)’’; and methods for making such revisions. (E), respectively; (iii) in subparagraph (B), by striking (iii) by inserting after subparagraph (A) ‘‘(B) LEVELS OF PERFORMANCE FOR ADDI- ‘‘(2)(B)’’ and inserting ‘‘(2)(C)’’; and TIONAL INDICATORS.—Each eligible recipient the following: (D) by adding at the end the following: ‘‘(B) CORE INDICATORS OF PERFORMANCE FOR may identify, in the local plan, local levels ‘‘(4) LOCAL LEVELS OF PERFORMANCE.— POSTSECONDARY CAREER AND TECHNICAL STU- of performance for any additional indicators ‘‘(A) LOCAL ADJUSTED LEVELS OF PERFORM- DENTS.—Each eligible agency shall identify of performance described in paragraph (2)(C). ANCE FOR CORE INDICATORS OF PERFORM- Such levels shall be considered to be the in the State plan core indicators of perform- ANCE.— ance for postsecondary career and technical local levels of performance for purposes of ‘‘(i) IN GENERAL.—Each eligible recipient this title. education students that include, at a min- shall agree to accept the State adjusted lev- imum, measures of each of the following: ‘‘(C) REPORT.—Each eligible recipient that els of performance established under para- receives an allocation under section 131 shall ‘‘(i) Student achievement on technical as- graph (3) as local adjusted levels of perform- publicly report, on an annual basis, its sessments and attainment of career and ance, or negotiate with the State to reach progress in achieving the local adjusted lev- technical skill proficiencies that are aligned agreement on new local adjusted levels of els of performance on the core indicators of with nationally recognized industry stand- performance, for each of the core indicators performance.’’; and ards, if available and appropriate. of performance described in subparagraphs (4) by striking subsection (c)(1)(B) and in- ‘‘(ii) Student attainment of technical skill (A) and (B) of paragraph (2) for career and serting: proficiency, an industry-recognized creden- technical education activities authorized ‘‘(B) information on the levels of perform- tial, a certificate, or a degree, or retention in under this title. The levels of performance ance achieved by the State with respect to postsecondary education, including transfer established under this subparagraph shall, at to a baccalaureate degree program. a minimum— the additional indicators of performance, in- ‘‘(iii) Placement in military service, ap- ‘‘(I) be expressed in a percentage or numer- cluding the levels of performance prenticeship programs, or employment. ical form, so as to be objective, quantifiable, disaggregated for postsecondary institutions, ‘‘(iv) Student participation in, and comple- and measurable; and by special populations and gender, and for tion of, career and technical education pro- ‘‘(II) require the eligible recipient to make secondary institutions, by special popu- grams that lead to employment or self-em- continuous and significant improvement in lations and by the categories described in ployment in— career and technical achievement of career section 1111(h)(1)(C)(i) of the Elementary and ‘‘(I) nontraditional fields; and and technical education students. Secondary Education Act of 1965, except that ‘‘(II) high skill, high wage, high demand ‘‘(ii) IDENTIFICATION IN THE LOCAL PLAN.— such disaggregation shall not be required in occupations or professions. Each eligible recipient shall identify, in the a case in which the number of individuals in ‘‘(v) Increase in earnings, where avail- local plan submitted under section 134, levels a category is insufficient to yield statis- able.’’; of performance for each of the core indica- tically reliable information or the results (iv) in subparagraph (C) (as redesignated by tors of performance for the first 2 program would reveal personally identifiable informa- clause (ii) of this subparagraph), by striking years covered by the local plan. tion about an individual.’’. ‘‘the title.’’ and inserting ‘‘this title, such as ‘‘(iii) AGREEMENT ON LOCAL ADJUSTED LEV- SEC. 105. NATIONAL ACTIVITIES. attainment of self-sufficiency.’’; ELS OF PERFORMANCE FOR FIRST 2 YEARS.—The Section 114 (20 U.S.C. 2324) is amended— (v) in subparagraph (D) (as redesignated by eligible agency and each eligible recipient (1) by striking ‘‘vocational’’ each place the clause (ii) of this subparagraph), by inserting shall reach agreement, as described in clause term appears and inserting ‘‘career’’; ‘‘career and technical education’’ after ‘‘de- (i), on the eligible recipient’s levels of per- (2) in subsection (a)(1), by striking ‘‘, in- veloped State’’; formance for each of the core indicators of cluding an analysis of performance data re- (vi) in subparagraph (E) (as redesignated performance for the first 2 program years garding special populations’’ and inserting ‘‘, by clause (ii) of this subparagraph)— covered by the local plan, taking into ac- including an analysis of performance data (I) by striking ‘‘this paragraph’’ and insert- count the levels identified in the local plan that is disaggregated for postsecondary in- ing ‘‘subparagraphs (A) and (B)’’; under clause (ii) and the factors described in stitutions, by special populations, and for (II) by striking ‘‘solely’’; and clause (v). The levels of performance agreed secondary institutions, by special popu- (III) by striking ‘‘recipients.’’ and inserting to under this clause shall be considered to be lations and by the categories described in ‘‘recipients, and shall meet the requirements the local adjusted levels of performance for section 1111(h)(1)(C)(i) of the Elementary and of this section.’’; and the eligible recipient for such years and shall Secondary Education Act of 1965, except that (vii) by adding at the end the following: be incorporated into the local plan prior to such disaggregation shall not be required in ‘‘(F) ALIGNMENT OF PERFORMANCE INDICA- the approval of such plan. a case in which the number of individuals in TORS.—In the course of identifying core indi- ‘‘(iv) AGREEMENT ON LOCAL ADJUSTED LEV- a category is insufficient to yield statis- cators of performance and additional indica- ELS OF PERFORMANCE FOR SUBSEQUENT tically reliable information or the results tors of performance, States shall, to the YEARS.—Prior to the third and fifth program would reveal personally identifiable informa- greatest extent possible, define the indica- years covered by the local plan, the eligible tion about an individual’’; tors so that substantially similar informa- agency and each eligible recipient shall (3) in subsection (c)— tion gathered for other State and Federal reach agreement on the local adjusted levels (A) by striking paragraph (2) and inserting programs, or any other purpose, is used to of performance for each of the core indica- the following: meet the requirements of this section.’’; tors of performance for the corresponding ‘‘(2) INDEPENDENT ADVISORY PANEL.— (C) in paragraph (3)— subsequent program years covered by the ‘‘(A) IN GENERAL.—The Secretary shall ap- (i) in the paragraph heading, by striking local plan, taking into account the factors point an independent advisory panel to ad- ‘‘LEVELS’’ and inserting ‘‘STATE LEVELS’’; described in clause (v). The local adjusted vise the Secretary on the implementation of (ii) in subparagraph (A)— levels of performance agreed to under this the assessment described in paragraph (3), (I) in clause (i)— clause shall be considered to be the local ad- including the issues to be addressed and the

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.006 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5066 CONGRESSIONAL RECORD — HOUSE July 12, 2006 methodology of the studies involved to en- (aa) by striking ‘‘Committee on Edu- technical education skills, State academic sure that the assessment adheres to the cation’’ and all that follows through ‘‘Sen- standards, and related materials; and highest standards of quality. ate’’ and inserting ‘‘relevant committees of ‘‘(III) the recruitment and retention of ca- ‘‘(B) MEMBERS.—The advisory panel shall Congress’’; and reer and technical education teachers, fac- consist of— (bb) by striking ‘‘2002’’ both places it ap- ulty, counselors, principals, and administra- ‘‘(i) educators, principals, administrators, pears and inserting ‘‘2009’’; and tors, including individuals in groups under- and chief executives (including State direc- (II) in clause (ii), by striking ‘‘Committee represented in the teaching profession; and’’; tors of career and technical education), with on Education’’ and all that follows through (ii) in subparagraph (B)— expertise in the integration of academic and ‘‘Senate’’ and inserting ‘‘relevant commit- (I) by striking ‘‘or centers’’ both places the career and technical education; tees of Congress’’; term appears; and ‘‘(ii) experts in evaluation, research, and (C) in paragraph (4)(B), by striking ‘‘Com- (II) by striking ‘‘Committee on Education’’ assessment; mittee on Education’’ and all that follows and all that follows through ‘‘Senate’’ and ‘‘(iii) representatives of labor organiza- through ‘‘Senate’’ and inserting ‘‘relevant inserting ‘‘relevant committees of Con- tions and businesses, including small busi- committees of Congress’’; gress’’; nesses, economic development entities, and (D) in paragraph (5)— (iii) in subparagraph (C), by striking ‘‘or State workforce investment boards estab- (i) in subparagraph (A)— centers’’; and lished under section 111 of the Workforce In- (I) in the matter preceding clause (i), by (iv) by adding at the end the following: vestment Act of 1998 (29 U.S.C. 2821) or local striking ‘‘higher education’’ and all that fol- ‘‘(D) INDEPENDENT GOVERNING BOARD.— workforce investment boards; ‘‘(i) IN GENERAL.—An institution of higher lows through ‘‘centers’’ and inserting ‘‘high- ‘‘(iv) parents; education that desires a grant, contract, or er education offering comprehensive grad- ‘‘(v) career guidance and academic coun- cooperative agreement under this paragraph uate programs in career and technical edu- seling professionals; and shall identify, in its application, an inde- cation that shall be the primary recipient ‘‘(vi) other individuals and intermediaries pendent governing board for the center es- and shall collaborate with a public or private with relevant expertise. tablished pursuant to this paragraph. nonprofit organization or agency, or a con- ‘‘(C) INDEPENDENT ANALYSIS.—The advisory ‘‘(ii) MEMBERS.—The independent gov- panel shall transmit to the Secretary and to sortium of such institutions, organizations, erning board shall consist of the following: the relevant committees of Congress an inde- or agencies, to establish a national research ‘‘(I) Two representatives of secondary ca- pendent analysis of the findings and rec- center’’; reer and technical education. ommendations resulting from the assess- (II) in clause (i)— ‘‘(II) Two representatives of postsecondary ment described in paragraph (3). (aa) by inserting ‘‘and evaluation’’ after career and technical education. ‘‘(D) FACA.—The Federal Advisory Com- ‘‘to carry out research’’; and ‘‘(III) Two representatives of eligible agen- mittee Act (5 U.S.C. App.) shall not apply to (bb) by inserting ‘‘, including special popu- cies. the panel established under this paragraph.’’; lations,’’ after ‘‘participants’’; ‘‘(IV) Two representatives of business and (B) in paragraph (3)— (III) by redesignating clauses (ii), (iii), and industry. (i) by striking subparagraph (A) and insert- (iv), as clauses (iii), (iv), and (v), respec- ‘‘(V) Two representatives of career and ing the following: tively; technical teacher preparation institutions. ‘‘(A) IN GENERAL.—From amounts made (IV) by inserting after clause (i) the fol- ‘‘(VI) Two nationally recognized research- available under subsection (d), the Secretary lowing: ers in the field of career and technical edu- shall provide for the conduct of an inde- ‘‘(ii) to carry out research for the purpose cation. pendent evaluation and assessment of career of developing, improving, and identifying the ‘‘(iii) COORDINATION.—The independent gov- and technical education programs under this most successful methods for successfully ad- erning board shall ensure that the research Act, including the implementation of the dressing the needs of employers in high skill, and dissemination activities carried out by Carl D. Perkins Career and Technical Edu- high wage business and industry, including the center are coordinated with the research cation Improvement Act of 2005, to the ex- evaluation and scientifically based research activities carried out by the Secretary.’’; tent practicable, through studies and anal- of— (E) in paragraph (6)(B)(ii), by striking ‘‘or yses conducted independently through ‘‘(I) collaboration between career and tech- centers’’; and grants, contracts, and cooperative agree- nical education programs and business and (F) by striking paragraph (8); and ments that are awarded on a competitive industry; (4) by adding at the end the following: basis.’’; ‘‘(II) academic and technical skills re- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (ii) in subparagraph (B)— quired to respond to the challenge of a global There are authorized to be appropriated to (I) by striking clause (iii) and inserting the economy and rapid technological changes; carry out this section such sums as may be following: and necessary for each of fiscal years 2006 ‘‘(iii) the preparation and qualifications of ‘‘(III) technical knowledge and skills re- through 2011.’’. teachers and faculty of career and technical quired to respond to needs of a regional or SEC. 106. ASSISTANCE FOR THE OUTLYING education, as well as shortages of such sectoral workforce, including small busi- AREAS. teachers and faculty;’’; ness;’’; Section 115 (20 U.S.C. 2325) is amended— (II) by striking clause (v) and inserting the (V) in clause (iii) (as redesignated by sub- (1) by striking ‘‘vocational’’ each place the following: clause (III) of this clause), by inserting ‘‘that term appears and inserting ‘‘career’’; ‘‘(v) academic and career and technical are integrated with challenging academic in- (2) in subsection (b)— education achievement and employment out- struction’’ before ‘‘, including’’; and (A) in the matter preceding paragraph (1), comes of career and technical education stu- (VI) by striking clause (iv) (as redesignated by striking ‘‘the Republic of the Marshall Is- dents, including analyses of— by subclause (III) of this clause) and insert- lands, the Federated States of Micronesia,’’; ‘‘(I) the number of career and technical ing the following: (B) in paragraph (1), by striking ‘‘training education students and tech-prep students ‘‘(iv) to carry out scientifically based re- and retraining;’’ and inserting ‘‘prepara- who meet the State adjusted levels of per- search, where appropriate, that can be used tion;’’; formance established under section 113; to improve preparation and professional de- (C) by redesignating paragraphs (2) and (3) ‘‘(II) the extent and success of integration velopment of teachers, faculty, principals, as paragraphs (3) and (4), respectively; and of challenging academic and career and tech- and administrators and student learning in (D) by inserting after paragraph (1) the fol- nical education for students participating in the career and technical education class- lowing: career and technical education programs; room, including— ‘‘(2) professional development for teachers, ‘‘(III) the extent to which career and tech- ‘‘(I) effective in-service and pre-service faculty, principals, and administrators;’’; nical education programs prepare students, teacher and faculty education that assists and including special populations, for subsequent career and technical education programs in— (3) in subsection (d)— employment in high skill, high wage occupa- ‘‘(aa) integrating those programs with aca- (A) by striking ‘‘the Republic of the Mar- tions, or participation in postsecondary edu- demic content standards and student aca- shall Islands, the Federated States of Micro- cation; and demic achievement standards, as adopted by nesia, and’’; and ‘‘(IV) the number of career and technical States under section 1111(b)(1) of the Elemen- (B) by striking ‘‘2001’’ and inserting ‘‘2007’’. education students receiving a high school tary and Secondary Education Act of 1965; SEC. 107. NATIVE AMERICAN PROGRAM. diploma;’’; and Section 116 (20 U.S.C. 2326) is amended— (III) in clause (vi), by inserting ‘‘, and ca- ‘‘(bb) promoting technical education (1) by striking ‘‘vocational’’ each place the reer and technical education students’ prepa- aligned with industry-based standards and term appears and inserting ‘‘career’’; ration for employment’’ after ‘‘programs’’; certifications to meet regional industry (2) in subsection (a)(5), by adding a period and needs; at the end; (IV) in clause (viii), by inserting ‘‘and ‘‘(II) dissemination and training activities (3) in subsection (b)— local’’ after ‘‘State’’ both places such term related to the applied research and dem- (A) in paragraph (1), by striking ‘‘(d)’’ and appears; and onstration activities described in this sub- inserting ‘‘(c)’’; and (iii) in subparagraph (C)— section, which may also include serving as a (B) in paragraph (2), by striking ‘‘(other (I) in clause (i)— repository for information on career and than in subsection (i))’’;

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.006 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5067 (4) in subsection (d), by striking ‘‘section SEC. 109. OCCUPATIONAL AND EMPLOYMENT IN- (6) in subsection (e)(1) (as redesignated by an’’ and inserting ‘‘section, an’’; FORMATION. paragraph (2) of this section), by striking (5) in subsection (e), by striking ‘‘para- Section 118 (20 U.S.C. 2328) is amended— ‘‘(b)’’ and inserting ‘‘(c)’’; graph’’ and inserting ‘‘section’’; and (1) in subsection (a)— (7) in subsection (f)(1) (as redesignated by (6) in subsection (h), by striking ‘‘which (A) in the matter preceding paragraph (1), paragraph (2) of this section), by striking are recognized by the Governor of the State by striking ‘‘(f)’’ and inserting ‘‘(g)’’; ‘‘an identification’’ and inserting ‘‘a descrip- of Hawaii’’. (B) in paragraph (1)— tion’’; and (i) in subparagraph (A), by striking ‘‘(b)’’ (8) in subsection (g) (as redesignated by SEC. 108. TRIBALLY CONTROLLED POSTSEC- both places it appears and inserting ‘‘(c)’’; ONDARY CAREER AND TECHNICAL paragraph (2) of this section), by striking INSTITUTIONS. (ii) in subparagraph (B), by striking ‘‘(b)’’ ‘‘1999 through 2003’’ and inserting ‘‘2006 Section 117 (20 U.S.C. 2327) is amended— and inserting ‘‘(c)’’; and through 2011’’. (iii) in subparagraph (C), by striking ‘‘(b)’’ (1) by striking the section heading and in- SEC. 110. STATE ADMINISTRATION. and inserting ‘‘(c)’’; and serting the following: Section 121 (20 U.S.C. 2341) is amended— (C) in paragraph (2), by striking ‘‘(b)’’ both (1) by redesignating subsection (a)(2) as ‘‘SEC. 117. TRIBALLY CONTROLLED POSTSEC- places it appears and inserting ‘‘(c)’’; subsection (b) and indenting appropriately; ONDARY CAREER AND TECHNICAL (2) by redesignating subsections (b) INSTITUTIONS.’’; (2) by redesignating subparagraphs (A) through (f) as subsections (c) through (g), re- (2) by striking ‘‘vocational’’ each place the spectively; through (D) of subsection (a)(1) as para- term appears and inserting ‘‘career’’; (3) by inserting after subsection (a) the fol- graphs (1) through (4), respectively, and in- (3) in subsection (g)— lowing: denting appropriately; (A) in paragraph (1), by striking ‘‘The Sec- ‘‘(b) STATE APPLICATION.— (3) by redesignating clauses (i) and (ii) of retary’’ and inserting ‘‘On an annual basis, ‘‘(1) IN GENERAL.—Each State desiring as- paragraph (4) (as redesignated by paragraph the Secretary’’; sistance under this section shall submit an (2) of this section) as subparagraphs (A) and (B) in paragraph (2)(B), by striking ‘‘2000’’ application to the Secretary at the same (B), respectively, and indenting appro- and inserting ‘‘2007’’; and time the State submits its State plan under priately; (C) in paragraph (3)(C), by striking ‘‘begin- section 122, in such manner, and accom- (4) by striking the following: ning’’ and all that follows through the period panied by such additional information, as ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.— and inserting ‘‘beginning on the date of en- the Secretary may reasonably require. ‘‘(1) IN GENERAL.—The responsibilities’’ and actment of the Carl D. Perkins Career and ‘‘(2) CONTENTS.—Each application sub- inserting the following: Technical Education Improvement Act of mitted under paragraph (1) shall include— ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.— 2005.’’; ‘‘(A) a description of how the State entity The responsibilities’’; (4) by redesignating subsections (h) and (i) designated in subsection (c) will provide in- (5) in subsection (a)(1) (as redesignated by as subsections (j) and (k), respectively; formation based on labor market trends to paragraph (2) of this section), by striking (5) by inserting after subsection (g) the fol- inform program development; and ‘‘training and employment’’ and inserting lowing: ‘‘(B) information about the academic con- ‘‘fields’’; ‘‘(h) APPEALS.— tent standards and student academic (6) in subsection (a)(2) (as redesignated by ‘‘(1) IN GENERAL.—Subject to paragraph (2), achievement standards adopted by the State paragraph (2) of this section)— the Secretary shall provide a tribally con- under section 1111(b)(1) of the Elementary (A) by inserting ‘‘teacher and faculty prep- trolled postsecondary career and technical and Secondary Education Act of 1965.’’; aration programs,’’ after ‘‘teachers,’’; and institution with a hearing on the record be- (4) in subsection (c) (as redesignated by (B) by inserting ‘‘all types and sizes of’’ fore an administrative law judge with re- paragraph (2) of this section)— after ‘‘representatives of’’; and spect to the following determinations: (A) in paragraph (1), by striking ‘‘individ- (7) in subsection (b) (as redesignated by ‘‘(A) A determination that such institution uals’’ and all that follows through the semi- paragraph (1) of this section), by striking is not eligible for a grant under this section. colon and inserting ‘‘students and parents, ‘‘paragraph (1)’’ and inserting ‘‘subsection ‘‘(B) A determination regarding the cal- including postsecondary education and train- (a)’’. culation of the amount of a grant awarded ing, including academic and technical prepa- SEC. 111. STATE PLAN. under this section. ration for high skill, high wage, or high de- Section 122 (20 U.S.C. 2342) is amended— ‘‘(2) PROCEDURE FOR APPEAL.—To appeal a mand occupations and nontraditional fields (1) by striking ‘‘vocational’’ each place the determination described in paragraph (1), a in emerging or established professions;’’; term appears and inserting ‘‘career’’; tribally controlled postsecondary career and (B) in paragraph (2), by inserting ‘‘aca- (2) in subsection (a)— technical institution shall— demic and career and technical’’ after ‘‘re- (A) in paragraph (1)— ‘‘(A) in the case of an appeal based on a de- late’’; (i) by striking ‘‘5’’ and inserting ‘‘6’’; and termination that such institution is not eli- (C) by striking paragraph (3) and inserting (ii) by adding at the end the following: gible for a grant under this section, file a no- the following: ‘‘Each eligible agency may submit a transi- tice of appeal with the Secretary not later ‘‘(3) to equip teachers, faculty, administration plan during the first full year of imple- than 30 days after receipt of such determina- tors, and counselors with the knowledge, mentation of this Act after the date of en- tion; and skills, and occupational information needed actment of the Carl D. Perkins Career and ‘‘(B) in the case of an appeal based on a de- to assist parents and all students, especially Technical Education Improvement Act of termination regarding the calculation of the special populations underrepresented in cer- 2005. The transition plan shall fulfill the eli- amount of a grant awarded under this sec- tain careers, with career exploration, edu- gible agency’s State plan submission obligation— cational opportunities, education financing, tion under this section.’’; and ‘‘(i) file a notice of appeal with the Sec- and exposure to high skill, high wage, or (B) in paragraph (2)(B), by striking ‘‘5 year retary not later than 30 days after receipt of high demand occupations and nontraditional State plan’’ and inserting ‘‘6-year period’’; the Secretary’s notification of the grant fields, including occupations and fields re- (3) by striking subsection (b)(1) and insert- amount; and quiring a baccalaureate degree;’’; ing the following: ‘‘(ii) identify the amount of funding that (D) in paragraph (4), by striking ‘‘such en- ‘‘(1) IN GENERAL.—The eligible agency shall gives rise to such appeal. tities;’’ and inserting ‘‘such entities, with an develop the State plan in consultation with ‘‘(3) WITHHOLDING OF AMOUNT.—If a tribally emphasis on high skill, high wage, or high academic and career and technical education controlled postsecondary career and tech- demand occupations in emerging or estab- teachers, faculty, principals, and administra- nical institution appeals a determination de- lished professions;’’; tors, career guidance and academic coun- scribed in paragraph (1), the Secretary shall (E) in paragraph (5), by striking ‘‘and’’ selors, eligible recipients, parents, students, withhold the amount in dispute from the after the semicolon; the State tech-prep coordinator and rep- award of grant funds under this section until (F) in paragraph (6), by striking the period resentatives of tech-prep consortia (if appli- such time as the administrative law judge and inserting ‘‘; and’’; and cable), the lead State agency officials with has issued a written decision on the appeal. (G) by adding at the end the following: responsibility for the programs and activi- ‘‘(i) RESTRICTED INDIRECT COST.—Notwith- ‘‘(7) to provide information, if available, ties that are described in section 121(b) of the standing any other provision of law, the Sec- for each occupation, on— Workforce Investment Act of 1998 (29 U.S.C. retary shall not request the use of a re- ‘‘(A) the average earnings of an individual 2841(b)) and carried out by one-stop partners, stricted indirect cost rate for grants awarded in the occupation at entry level and after 5 the State workforce investment board, inter- under this section.’’; and years of employment; ested community members (including parent (6) by striking subsection (k) (as redesig- ‘‘(B) the expected lifetime earnings; and and community organizations), representa- nated by paragraph (4) of this section) and ‘‘(C) the expected future demand for the oc- tives of special populations, representatives inserting the following: cupation, based on employment projec- of business and industry (including rep- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— tions.’’; resentatives of small business and economic There are authorized to be appropriated to (5) in subsection (d)(1) (as redesignated by development entities), and representatives of carry out this section $10,000,000 for fiscal paragraph (2) of this section), by striking labor organizations in the State, and shall year 2006 and such sums as may be necessary ‘‘(b)’’ both places it appears and inserting consult the Governor of the State with re- for each of the 5 succeeding fiscal years.’’. ‘‘(c)’’; spect to such development.’’;

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.006 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5068 CONGRESSIONAL RECORD — HOUSE July 12, 2006 (4) by striking subsection (c) and inserting ‘‘(B) increase the academic and career and ‘‘(A) among secondary school career and the following: technical education knowledge of career and technical education, or postsecondary and ‘‘(c) PLAN CONTENTS.—The State plan shall technical education teachers and faculty; adult career and technical education, or include information that— ‘‘(C) are high-quality, sustained, intensive, both, including the rationale for such alloca- ‘‘(1) describes the career and technical edu- focused on instruction, directly related to in- tion; and cation activities to be assisted that are de- dustry standards, and includes structured in- ‘‘(B) among any consortia that will be signed to meet or exceed the State adjusted duction and mentoring components for new formed among secondary schools and eligible levels of performance, including a descrip- personnel, with an emphasis on identifying institutions, and how funds will be allocated tion of— and addressing the needs of local businesses, among the members of the consortia, includ- ‘‘(A) how the eligible agency will support including small businesses; ing the rationale for such allocation; eligible recipients in developing or imple- ‘‘(D) ensure an increasing number of career ‘‘(8) describes how the eligible agency menting career pathways for career and and technical education teachers and faculty will— technical education content areas that are meet teacher certification and licensing re- ‘‘(A) use funds to improve or develop new designed to meet relevant workforce needs, quirements reflecting the needs of their sub- career and technical education courses in including how the eligible agency will— ject area or areas; high skill, high wage, or high demand occu- ‘‘(i) support eligible recipients in devel- ‘‘(E) equip career and technical education pations— ‘‘(i) at the secondary level that are aligned oping articulation agreements between sec- teachers, faculty, principals, administrators, with challenging academic content stand- ondary and postsecondary institutions; and career guidance and academic counselors ards and student academic achievement ‘‘(ii) support eligible recipients in using with the knowledge and skills needed to standards adopted by the State under section labor market information to identify career work with and improve instruction for spe- 1111(b)(1) of the Elementary and Secondary pathways that prepare individuals for high cial populations; Education Act of 1965; and skill, high wage, or high demand occupa- ‘‘(F) assist in accessing and utilizing data, ‘‘(ii) at the postsecondary level that are tions; including labor market indicators, student challenging and aligned with business needs ‘‘(iii) make available information about ca- achievement, and assessments; and industry standards, as appropriate; reer pathways offered by eligible recipients; ‘‘(G) enhance the leadership capacity of ‘‘(B) improve the academic and technical and principals and administrators; skills of students participating in career and ‘‘(iv) consult with business and industry ‘‘(H) are integrated with professional de- technical education programs, including and use industry-recognized standards and velopment activities that the State carries strengthening the academic, and career and assessments, if appropriate; out under title II of the Elementary and Sec- technical, components of career and tech- ‘‘(B) the secondary and postsecondary ca- ondary Education Act of 1965 and title II of nical education programs through the inte- reer and technical education programs to be the Higher Education Act of 1965; and gration of academics with career and tech- carried out, including programs that will be ‘‘(I) include strategies to expose all career nical education to ensure learning in the carried out by the eligible agency to develop, and technical education students to com- core academic subjects and career and tech- improve, and expand access to quality tech- prehensive information regarding career op- nical education subjects, and provide stu- nology in career and technical education tions that lead to high skill, high wage, or dents with strong experience in, and under- programs; high demand occupations and nontraditional standing of, all aspects of an industry; ‘‘(C) the criteria that will be used by the fields; ‘‘(C) ensure that students who participate eligible agency to approve eligible recipients ‘‘(3) describes efforts to improve— in such career and technical education pro- for funds under this title, including criteria ‘‘(A) the recruitment and retention of ca- grams are taught to the same challenging to assess the extent to which the local plan reer and technical education teachers, fac- academic proficiencies as are taught to all will— ulty, counselors, principals, and administra- other students; and ‘‘(i) promote higher levels of academic tors, including individuals in groups under- ‘‘(D) encourage secondary school students achievement; represented in the teaching profession; and who participate in such career and technical ‘‘(ii) promote higher levels of technical ‘‘(B) the transition to teaching from busi- education programs to enroll in challenging skill attainment; and ness and industry, including small business; courses in core academic subjects; ‘‘(iii) identify and address workforce needs; ‘‘(4) describes efforts to improve the capac- ‘‘(9) describes how the eligible agency will ‘‘(D) how programs at the secondary level ity of programs and faculty at postsecondary annually evaluate the effectiveness of such will prepare career and technical education institutions to effectively prepare career and career and technical education programs, students, including special populations to technical education personnel, including, as and describes, to the extent practicable, how graduate from high school with a diploma; appropriate, through electronically delivered the eligible agency is coordinating such pro- ‘‘(E) how such programs will prepare career distance education, and articulation agree- grams to promote relevant lifelong learning and technical education students, including ments between 2-year technical programs and ensure nonduplication with other exist- special populations, both academically and and postsecondary education programs; ing Federal programs; technically, for opportunities in postsec- ‘‘(5) describes efforts to facilitate the tran- ‘‘(10) describes the eligible agency’s pro- ondary education or entry into high skill, sition of sub-baccalaureate career and tech- gram strategies for special populations, in- high wage, or high demand occupations in nical education students into baccalaureate cluding a description of how individuals who emerging or established occupations, and degree programs, including— are members of the special populations— how participating students will be made ‘‘(A) statewide articulation agreements be- ‘‘(A) will be provided with equal access to aware of such opportunities; and tween sub-baccalaureate career and tech- activities assisted under this title; ‘‘(F) how funds will be used to improve or nical education programs and baccalaureate ‘‘(B) will not be discriminated against on develop new career and technical education degree programs; the basis of their status as members of the courses in high skill, high wage, or high de- ‘‘(B) postsecondary dual and concurrent special populations; and mand occupations that are aligned with busi- enrollment programs; ‘‘(C) will be provided with programs de- ness needs and industry standards, as appro- ‘‘(C) academic and financial aid counseling; signed to enable the special populations to priate— and meet or exceed State adjusted levels of per- ‘‘(i) at the secondary level that are aligned ‘‘(D) other initiatives to encourage the formance, and prepare special populations with challenging academic content stand- pursuit of a baccalaureate degree and to for further learning and for high skill, high ards and student academic achievement overcome barriers to participation in bacca- wage, or high demand occupations; standards adopted by the State under section laureate degree programs, including geo- ‘‘(11) how the eligible agency will collabo- 1111(b)(1) of the Elementary and Secondary graphic and other barriers affecting rural rate in developing the State plan with— Education Act of 1965; and students and special populations; ‘‘(A) the entity within the State with re- ‘‘(ii) at the postsecondary level that are ‘‘(6) describes how the eligible agency will sponsibility for elementary and secondary relevant and challenging; actively involve parents, academic and ca- education; ‘‘(2) describes how career and technical reer and technical education teachers, fac- ‘‘(B) the entity within the State with re- education teachers, faculty, principals, ad- ulty, principals, and administrators, career sponsibility for public institutions engaged ministrators, and career guidance and aca- guidance and academic counselors, local in postsecondary education; demic counselors will be provided com- businesses (including small- and medium- ‘‘(C) State institutions such as State cor- prehensive initial preparation and profes- sized businesses and business inter- rectional institutions and institutions that sional development, including through pro- mediaries), State workforce investment serve individuals with disabilities; and grams and activities that— boards, local workforce investment boards, ‘‘(D) all other relevant State agencies with ‘‘(A) promote the integration of chal- economic development entities, and labor or- responsibility for career and technical edu- lenging academic curricula and career and ganizations in the planning, development, cation and training investment, and eco- technical education curricula, including op- implementation, and evaluation of such ca- nomic and workforce development; portunities for teachers to jointly develop reer and technical education programs; ‘‘(12) describes what steps the eligible and implement curriculum and pedagogical ‘‘(7) describes how funds received by the el- agency will take to involve representatives strategies with appropriate academic teach- igible agency through the allotment made of eligible recipients in the development of ers; under section 111 will be allocated— the State adjusted levels of performance;

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.007 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5069 ‘‘(13) provides assurances that the eligible fill the plan or application submission re- that an eligible recipient is not making sub- agency will comply with the requirements of quirements of section 134 and subsections (a) stantial progress in achieving the local ad- this title and the provisions of the State and (b) of section 143 by submitting a single justed levels of performance, the eligible plan, including the provision of a financial local plan. agency shall— audit of funds received under this title which ‘‘(2) PLAN SUBMITTED AS PART OF 501 PLAN.— ‘‘(i) conduct an assessment of the edu- may be included as part of an audit of other The eligible agency may submit the plan re- cational needs that the eligible recipient Federal or State programs; quired under this section as part of the plan shall address to overcome local performance ‘‘(14) provides assurances that none of the submitted under section 501 of the Workforce deficiencies, including the performance of funds expended under this title will be used Investment Act of 1998 (20 U.S.C. 9271), if the special populations; to acquire equipment (including computer plan submitted pursuant to the requirement ‘‘(ii) enter into an improvement plan with software) in any instance in which such ac- of this section meets the requirements of an eligible recipient based on the results of quisition results in a direct financial benefit this Act.’’; and the assessment, for the first program year to any organization representing the inter- (6) by striking subsection (f). succeeding the program year in which the el- ests of the purchasing entity, the employees SEC. 112. IMPROVEMENT PLANS. igible recipient failed to meet the local ad- of the purchasing entity, or any affiliate of Section 123 (20 U.S.C. 2343) is amended to justed levels of performance, which plan such an organization; read as follows: shall demonstrate how the local performance ‘‘(15) describes how the eligible agency will ‘‘SEC. 123. IMPROVEMENT PLANS. deficiencies will be corrected and include in- measure and report data relating to students ‘‘(a) STATE PROGRAM IMPROVEMENT PLAN.— structional and other programmatic innova- participating in and completing career and ‘‘(1) PLAN.—If a State fails to meet the tions of demonstrated effectiveness, and, technical education within specific career State adjusted levels of performance de- where necessary, strategies for appropriate clusters in order to adequately measure the scribed in the report submitted under section staffing and professional development; and progress of the students, including special 113(c), the eligible agency shall develop and ‘‘(iii) conduct regular evaluations of the populations, at— implement a program improvement plan in progress being made toward reaching the ‘‘(A) the secondary level, disaggregated by consultation with the appropriate agencies, local adjusted levels of performance, as de- the categories described in section individuals, and organizations for the first scribed in section 113(b)(4), and progress on 1111(h)(1)(C)(i) of the Elementary and Sec- program year succeeding the program year implementing the improvement plan. ondary Education Act of 1965, except that in which the eligible agency failed to meet ‘‘(B) CONSULTATION.—The eligible agency such disaggregation shall not be required in the State adjusted levels of performance, in shall conduct the activities described in sub- a case in which the number of individuals in order to avoid a sanction under paragraph paragraph (A) in consultation with teachers, a category is insufficient to yield statis- (3). principals, administrators, faculty, parents, tically reliable information or the results ‘‘(2) TECHNICAL ASSISTANCE.—If the Sec- other school staff, appropriate agencies, and would reveal personally identifiable informa- retary determines that an eligible agency is other appropriate individuals and organization about an individual; and not properly implementing the eligible agen- tions. ‘‘(B) the postsecondary level, cy’s responsibilities under section 122, or is ‘‘(3) TECHNICAL ASSISTANCE.—If the eligible disaggregated by special populations, except not making substantial progress in meeting agency determines that an eligible recipient that such disaggregation shall not be re- the purpose of this Act, based on the State’s is not properly implementing the eligible required in a case in which the number of indi- adjusted levels of performance, the Sec- cipient’s responsibilities under section 134, viduals in a category is insufficient to yield retary shall work with the eligible agency to or is not making substantial progress in statistically reliable information or the re- implement improvement activities con- meeting the purpose of this Act, based on the sults would reveal personally identifiable in- sistent with the requirements of this Act. local adjusted levels of performance, the eli- formation about an individual; ‘‘(3) FAILURE.— gible agency shall provide technical assist- ‘‘(16) describes how the eligible agency will ‘‘(A) IN GENERAL.—If an eligible agency ance to the eligible recipient to assist the el- adequately address the needs of students in fails to meet the State adjusted levels of per- igible recipient in carrying out the improve- alternative education programs, if appro- formance, has not implemented an improvement activities consistent with the require- priate; ment plan as described in paragraph (1), has ments of this Act. An eligible recipient, in ‘‘(17) describes how the eligible agency will shown no improvement within 1 year after collaboration with the eligible agency, may provide local educational agencies, area ca- implementing an improvement plan as de- request that the Secretary provide addi- reer and technical education schools, and eli- scribed in paragraph (1), or has failed to tional technical assistance. gible institutions in the State with technical meet more than 1 of the State adjusted lev- ‘‘(4) FAILURE.— assistance; els of performance for the same performance ‘‘(A) IN GENERAL.—If an eligible recipient ‘‘(18) describes how career and technical indicator for 2 or more consecutive years, fails to meet the local adjusted levels of per- education relates to State and regional occu- the Secretary may, after notice and oppor- formance as described in section 113(b)(4) and pational opportunities; tunity for a hearing, withhold from the eligi- has not implemented an improvement plan ‘‘(19) describes the methods proposed for ble agency all, or a portion of, the eligible as described in paragraph (2), has shown no the joint planning and coordination of pro- agency’s allotment under this title. improvement within 1 year after imple- grams carried out under this title with other ‘‘(B) WAIVER FOR EXCEPTIONAL CIR- menting an improvement plan as described Federal education and workforce investment CUMSTANCES.—The Secretary may waive the in paragraph (2), or has failed to meet more programs; sanction in subparagraph (A) due to excep- than 1 of the local adjusted levels of perform- ‘‘(20) describes how funds will be used to tional or uncontrollable circumstances such ance for the same performance indicator for promote preparation for high skill, high as a natural disaster or a precipitous and un- 2 or more consecutive years, the eligible wage, or high demand occupations and non- foreseen decline in financial resources of the agency may, after notice and opportunity for traditional fields in emerging and estab- State. a hearing, withhold from the eligible recipi- lished professions; ‘‘(4) FUNDS RESULTING FROM REDUCED AL- ent all, or a portion of, the eligible recipi- ‘‘(21) describes how funds will be used to LOTMENTS.— ent’s allotment under this title. serve individuals in State correctional insti- ‘‘(A) IN GENERAL.—The Secretary shall use ‘‘(B) WAIVER FOR EXCEPTIONAL CIR- tutions; funds withheld under paragraph (3) for a CUMSTANCES.—The eligible agency may waive ‘‘(22) describes how the eligible agency will State served by an eligible agency, to pro- the sanction under this paragraph due to ex- ensure that the data reported to the eligible vide (through alternative arrangements) ceptional or uncontrollable circumstances agency from local educational agencies and services and activities within the State to such as organizational structure, or a nat- eligible institutions under this title and the meet the purposes of this Act. ural disaster or a precipitous and unforeseen data the eligible agency reports to the Sec- ‘‘(B) REDISTRIBUTION.—If the Secretary decline in financial resources of the eligible retary are complete, accurate, and reliable; cannot satisfactorily use funds withheld recipient. and under paragraph (3), then the amount of ‘‘(5) FUNDS RESULTING FROM REDUCED AL- ‘‘(23) contains the description and informa- funds retained by the Secretary as a result of LOTMENTS.—The eligible agency shall use tion specified in sections 112(b)(8) and 121(c) a reduction in an allotment made under funds withheld under paragraph (4) to proof the Workforce Investment Act of 1998 (29 paragraph (3) shall be redistributed to other vide (through alternative arrangements) U.S.C. 2822(b)(8) and 2841(c)) concerning the eligible agencies in accordance with section services and activities to students within the provision of services only for postsecondary 111. area served by such recipient to meet the students and school dropouts.’’; ‘‘(b) LOCAL PROGRAM IMPROVEMENT.— purpose of this Act.’’. (5) by striking subsection (d) and inserting ‘‘(1) LOCAL EVALUATION.—Each eligible SEC. 113. STATE LEADERSHIP ACTIVITIES. the following: agency shall evaluate annually, using the Section 124 (20 U.S.C. 2344) is amended— ‘‘(d) PLAN OPTIONS.— local adjusted levels of performance de- (1) by striking ‘‘vocational’’ each place the ‘‘(1) SINGLE PLAN.—The eligible agency scribed in section 113(b)(4), the career and term appears and inserting ‘‘career’’; may fulfill the plan or application submis- technical education activities of each eligi- (2) in subsection (a), by striking ‘‘112(a)(2)’’ sion requirements of this section, section ble recipient receiving funds under this title. and inserting ‘‘112(a)(2)(A)’’; 118(b), and section 141(c) by submitting a sin- ‘‘(2) PLAN.— (3) in subsection (b)— gle State plan. In such plan, the eligible ‘‘(A) IN GENERAL.—If, after reviewing the (A) in paragraph (1), by striking ‘‘further agency may allow eligible recipients to ful- evaluation, the eligible agency determines learning’’ and all that follows through the

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.007 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5070 CONGRESSIONAL RECORD — HOUSE July 12, 2006 semicolon and inserting ‘‘further education, (4) by striking subsection (c) and inserting training through collaboration with the further training, or for high skill, high wage, the following: workforce investment system established or high demand occupations;’’; ‘‘(c) PERMISSIBLE USES OF FUNDS.—The under the Workforce Investment Act of 1998 (B) in paragraph (2), by striking subpara- leadership activities described in subsection (29 U.S.C. 2801 et seq.); graphs (A) through (C) and inserting the fol- (a) may include— ‘‘(13) developing valid and reliable assess- lowing: ‘‘(1) improvement of career guidance and ments of technical skills that are integrated ‘‘(A) training of career and technical edu- academic counseling programs that assist with industry certification assessments cation teachers, faculty, principals, career students in making informed academic, and where available; guidance and academic counselors, and ad- career and technical education, decisions, in- ‘‘(14) developing and enhancing data sys- ministrators to use technology, including cluding encouraging secondary and postsec- tems to collect and analyze data on sec- distance learning; ondary students to graduate with a diploma ondary and postsecondary academic and em- ‘‘(B) encouraging schools to work with or degree, and expose students to high skill, ployment outcomes; technology industries to offer voluntary in- high wage occupations and nontraditional ‘‘(15) improving— ternships and mentoring programs; or fields in emerging and established profes- ‘‘(A) the recruitment and retention of ca- ‘‘(C) encouraging lifelong learning, includ- sions; reer and technical education teachers, facing through partnerships that may involve ‘‘(2) establishment of agreements, includ- ulty, principals, administrators, and career institutions of higher education, organiza- ing articulation agreements, between sec- guidance and academic counselors, including tions providing career and technical edu- ondary and postsecondary career and tech- individuals in groups underrepresented in cation, businesses, workforce investment en- nical education programs in order to provide the teaching profession; and tities, and communications entities;’’; postsecondary education and training oppor- ‘‘(B) the transition to teaching from busi- (C) by striking paragraph (3) and inserting tunities for students participating in such ness and industry, including small business; the following: career and technical education programs, and ‘‘(3) professional development programs, such as tech-prep programs; ‘‘(16) adopting, calculating, or commis- including providing comprehensive profes- ‘‘(3) support for initiatives to facilitate the sioning a self-sufficiency standard.’’; and sional development (including initial teacher transition of sub-baccalaureate career and (5) in subsection (d), by striking ‘‘112(a)(2)’’ preparation) for career and technical edu- technical education students into bacca- and inserting ‘‘112(a)(2)(A)’’. cation teachers, faculty, principals, adminis- laureate degree programs, including— SEC. 114. DISTRIBUTION OF FUNDS TO SEC- trators, and career guidance and academic ‘‘(A) statewide articulation agreements be- ONDARY SCHOOL PROGRAMS. counselors at the secondary and postsec- tween sub-baccalaureate degree granting ca- Section 131 (20 U.S.C. 2351) is amended— ondary levels, that support activities de- reer and technical postsecondary edu- (1) by striking ‘‘vocational’’ each place the scribed in section 122 and— cational institutions and baccalaureate de- term appears and inserting ‘‘career’’; ‘‘(A) provide in-service and pre-service gree granting postsecondary educational in- (2) by striking subsection (a); training in career and technical education stitutions; (3) by redesignating subsections (b) programs and techniques, effective teaching ‘‘(B) postsecondary dual and concurrent through (i) as subsections (a) through (h), re- skills based on promising practices and, enrollment programs; spectively; where available and appropriate, scientif- ‘‘(C) academic and financial aid counseling; (4) in subsection (a) (as redesignated by ically based research, and effective practices and paragraph (3) of this section)— to improve parental and community involve- ‘‘(D) other initiatives— (A) in the subsection heading, by striking ment; ‘‘(i) to encourage the pursuit of a bacca- ‘‘SPECIAL DISTRIBUTION RULES FOR SUC- ‘‘(B) improve student achievement in order laureate degree; and CEEDING FISCAL YEARS’’ and inserting ‘‘DIS- to meet the State adjusted levels of perform- ‘‘(ii) to overcome barriers to participation TRIBUTION RULES’’; and ance established under section 113; in baccalaureate degree programs, including (B) by striking ‘‘for fiscal year 2000 and ‘‘(C) support education programs for teach- geographic and other barriers affecting rural succeeding fiscal years’’; ers and faculty of career and technical edu- students and special populations; (5) in subsection (b) (as redesignated by cation in public schools and other public ‘‘(4) support for career and technical stu- paragraph (3) of this section)— school personnel who are involved in the di- dent organizations, especially with respect (A) by striking ‘‘subsection (b)’’ and insert- rect delivery of educational services to ca- to efforts to increase the participation of ing ‘‘subsection (a)’’; and reer and technical education students to en- students who are members of special popu- (B) in paragraph (1), by striking ‘‘9902(2))’’ sure that such personnel— lations; and inserting ‘‘9902(2)))’’; ‘‘(i) stay current with the needs, expecta- ‘‘(5) support for public charter schools op- (6) in subsection (e) (as redesignated by tions, and methods of industry; erating secondary career and technical edu- paragraph (3) of this section), in the sub- ‘‘(ii) can effectively develop challenging, cation programs; section heading, by striking ‘‘VOCATIONAL’’ integrated academic and career and tech- ‘‘(6) support for career and technical edu- and inserting ‘‘CAREER’’; and nical education curriculum jointly with aca- cation programs that offer experience in, and (7) in subsection (g) (as redesignated by demic teachers, to the extent practicable; understanding of, all aspects of an industry paragraph (3) of this section), by striking and for which students are preparing to enter; ‘‘subsections (a), (b), (c), and (d)’’ and insert- ‘‘(iii) develop a higher level of academic ‘‘(7) support for family and consumer ing ‘‘subsections (a), (b), and (c)’’. sciences programs; and industry knowledge and skills in career SEC. 115. DISTRIBUTION OF FUNDS FOR POST- and technical education; and ‘‘(8) support for partnerships between edu- SECONDARY CAREER AND TECH- ‘‘(D) are integrated with the teacher cer- cation and business or business inter- NICAL EDUCATION PROGRAMS. tification or licensing and professional devel- mediaries, including cooperative education Section 132 (20 U.S.C. 2352) is amended— opment activities that the State carries out and adjunct faculty arrangements at the sec- (1) by striking the section heading and in- under title II of the Elementary and Sec- ondary and postsecondary levels; serting the following: ondary Education Act of 1965 and title II of ‘‘(9) support to improve or develop new ca- ‘‘SEC. 132. DISTRIBUTION OF FUNDS FOR POST- the Higher Education Act of 1965;’’; reer and technical education courses and ini- SECONDARY CAREER AND TECH- (D) in paragraph (4), by striking ‘‘support tiatives, including career clusters, career NICAL EDUCATION PROGRAMS.’’; for’’ and inserting ‘‘supporting’’; academies, and distance learning, that pre- and (E) in paragraph (5), by striking ‘‘nontradi- pare individuals academically and tech- (2) in subsection (a)— tional training and employment’’ and insert- nically for high skill, high wage, or high de- (A) in paragraph (1), by inserting ‘‘for ca- ing ‘‘nontraditional fields in emerging and mand occupations; reer and technical education programs lead- established professions, and other activities ‘‘(10) awarding incentive grants to eligible ing to a technical skill proficiency, an indus- that expose students, including special popu- recipients for exemplary performance in car- try-recognized credential, a certificate, or an lations, to high skill, high wage occupa- rying out programs under this Act, which associate’s degree’’ before the period; and tions’’; awards shall be based on local performance (B) in paragraph (2), by inserting ‘‘leading (F) in paragraph (6)— indicators, as described in section 113, in ac- to a technical skill proficiency, an industry- (i) by inserting ‘‘intermediaries,’’ after cordance with previously publicly disclosed recognized credential, a certificate, or an as- ‘‘labor organizations,’’; and priorities; sociate’s degree and’’ after ‘‘enrolled in pro- (ii) by inserting ‘‘, or complete career path- ‘‘(11) providing career and technical edu- grams’’. ways, as described in section 122(c)(1)(A)’’ cation programs for adults and school drop- SEC. 116. SPECIAL RULES FOR CAREER AND after ‘‘skills’’; outs to complete their secondary school edu- TECHNICAL EDUCATION. (G) in paragraph (7), by striking ‘‘and’’ cation, in coordination, to the extent prac- Section 133 (20 U.S.C. 2353) is amended— after the semicolon; ticable, with activities authorized under (1) by striking the section heading and in- (H) in paragraph (8), by striking ‘‘wage ca- title II of the Workforce Investment Act of serting the following: reers.’’ and inserting ‘‘wage, or high demand 1998 (20 U.S.C. 9201 et seq.); ‘‘SEC. 133. SPECIAL RULES FOR CAREER AND occupations; and’’; and ‘‘(12) providing assistance to individuals, TECHNICAL EDUCATION.’’; (I) by adding at the end the following: who have participated in services and activi- and ‘‘(9) technical assistance for eligible recipi- ties under this title, in finding an appro- (2) by striking ‘‘vocational’’ each place ents.’’; priate job and continuing their education or such term appears and inserting ‘‘career’’.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.007 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5071 SEC. 117. LOCAL PLAN FOR CAREER AND TECH- ance and prepare for high skill, high wage, or ‘‘(iii) in effective teaching skills based on NICAL EDUCATION PROGRAMS. high demand occupations, including those research that includes promising practices; Section 134 (20 U.S.C. 2354) is amended— that will lead to self-sufficiency; and (1) by striking the section heading and in- ‘‘(9) describe how individuals who are ‘‘(iv) in effective practices to improve pa- serting the following: members of special populations will not be rental and community involvement; ‘‘SEC. 134. LOCAL PLAN FOR CAREER AND TECH- discriminated against on the basis of their ‘‘(B) support of education programs that NICAL EDUCATION PROGRAMS.’’; status as members of the special popu- provide information on all aspects of an in- (2) in subsection (a), by inserting ‘‘and lations; dustry; workforce investment’’ after ‘‘such other ‘‘(10) describe how funds will be used to ‘‘(C) internship programs that provide rel- educational’’; and promote preparation for nontraditional evant business experience; and (3) in subsection (b), by striking para- fields; ‘‘(D) programs dedicated to the effective graphs (1) through (10) and inserting the fol- ‘‘(11) describe how career guidance and aca- use of instructional technology; lowing: demic counseling will be provided to all ca- ‘‘(6) develop and implement evaluations of ‘‘(1) describe how the career and technical reer and technical education students, in- the career and technical education programs education programs required under section cluding linkages to the information and carried out with funds under this title, in- 135(b) will be carried out with funds received services available through the one-stop de- cluding an assessment of how the needs of under this title; livery system established under section 121 special populations are being met; ‘‘(2) describe how the career and technical of the Workforce Investment Act of 1998 (29 ‘‘(7) initiate, improve, expand, and mod- education activities will be carried out with U.S.C. 2841), as appropriate; and ernize quality career and technical edu- respect to meeting State and local adjusted ‘‘(12) describe efforts to improve the re- cation programs, including relevant tech- levels of performance established under sec- cruitment and retention of career and technology; tion 113; nical education teachers, faculty, coun- ‘‘(8) provide services and activities that are ‘‘(3) describe how the eligible recipient selors, principals, and administrators, in- of sufficient size, scope, and quality to be ef- will— cluding individuals in groups underrep- fective; and ‘‘(A) offer the appropriate courses of not resented in the teaching profession, and the ‘‘(9) provide activities to prepare special less than 1 of the career pathways described transition to teaching from business and in- populations, including single parents and in section 122(c)(1)(A); dustry.’’. displaced homemakers (if enrolled in the ‘‘(B) improve the academic and technical SEC. 118. LOCAL USES OF FUNDS. program), for high skill, high wage, or high skills of students participating in career and Section 135 (20 U.S.C. 2355) is amended— demand occupations, including those that technical education programs by strength- (1) in subsection (a), by striking ‘‘voca- will lead to self-sufficiency.’’; and ening the academic and career and technical tional’’ and inserting ‘‘career’’; (3) in subsection (c)— education components of such programs (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘voca- through the integration of challenging aca- (A) in the matter preceding paragraph (1), tional’’ and inserting ‘‘career’’; and demics with career and technical education by striking ‘‘vocational’’ and inserting ‘‘ca- (B) by striking paragraphs (2) through (15) programs through a coherent sequence of reer’’; and and inserting the following: courses to ensure learning in the core aca- (B) by striking paragraphs (1) through (8) ‘‘(2) to provide career guidance and academic subjects, and career and technical and inserting the following: demic counseling that is based on current education subjects; ‘‘(1) strengthen the academic and career labor market indicators, as provided pursu- ‘‘(C) provide students with strong experi- and technical education skills of students ant to section 118, for students participating ence in and understanding of all aspects of participating in career and technical edu- in career and technical education programs an industry; and cation programs by strengthening the aca- that— ‘‘(D) ensure that students who participate demic and career and technical education ‘‘(A) improves graduation rates and pro- in such career and technical education pro- components of such programs through the vides information on postsecondary and ca- grams are taught to the same challenging integration of academics with career and reer options, including baccalaureate degree academic proficiencies as are taught for all technical education programs through a co- programs, for secondary students, which ac- other students; herent sequence of courses, such as career tivities may include the use of graduation ‘‘(4) describe how comprehensive profes- pathways described in section 122(c)(1)(A), to and career plans; and sional development will be provided that is ensure learning in the core academic sub- ‘‘(B) provides assistance for postsecondary consistent with section 122; jects and career and technical education sub- students, including for adult students who ‘‘(5) describe how parents, students, aca- jects; are changing careers or updating skills; demic and career and technical education ‘‘(2) link secondary career and technical ‘‘(3) for partnerships between or among the teachers, faculty, principals, administrators, education and postsecondary career and eligible recipient and a business (including a career guidance and academic counselors, technical education, including by— small business or business intermediary), a representatives of tech-prep consortia (if ap- ‘‘(A) offering the relevant elements of not local workforce investment board, or a local plicable), representatives of the local work- less than 1 career pathway described in sec- economic development entity, including force investment board (if applicable), rep- tion 122(c)(1)(A); for— resentatives of the local economic develop- ‘‘(B) developing and supporting articula- ‘‘(A) work-related experience for students, ment entity (if applicable), representatives tion agreements between secondary and such as internships, cooperative education, of business (including small business) and in- postsecondary institutions; or school-based enterprises, entrepreneurship, dustry, labor organizations, representatives ‘‘(C) supporting tech-prep programs and and job shadowing that are related to career of special populations, and other interested consortia; and technical education programs; individuals are involved in the development, ‘‘(3) provide students with strong experi- ‘‘(B) adjunct faculty arrangements at the implementation, and evaluation of career ence in and understanding of all aspects of secondary and postsecondary levels; and and technical education programs assisted an industry; ‘‘(C) industry experience for teachers and under this title, and how such individuals ‘‘(4) develop, improve, or expand the use of faculty; and entities are effectively informed about, technology in career and technical edu- ‘‘(4) to provide programs for special popu- and assisted in, understanding, the require- cation, which may include— lations; ments of this title, including career path- ‘‘(A) training of career and technical edu- ‘‘(5) to assist career and technical student ways; cation teachers, faculty, principals, and ad- organizations; ‘‘(6) provide assurances that the eligible re- ministrators to use technology, including ‘‘(6) for mentoring and support services; cipient will provide a career and technical distance learning; or ‘‘(7) for leasing, purchasing, upgrading, or education program that is of such size, ‘‘(B) encouraging schools to collaborate adapting instructional equipment, including scope, and quality to bring about improve- with technology industries to offer vol- support for library resources, such as busi- ment in the quality of career and technical untary internships and mentoring programs; ness journals, publications, and other related education programs; ‘‘(5) provide professional development pro- resources designed to strengthen and support ‘‘(7) describe the process that will be used grams that are consistent with section 122 to academic and technical skill achievement; to evaluate and continuously improve the secondary and postsecondary teachers, fac- ‘‘(8) for teacher preparation programs that performance of the eligible recipient; ulty, principals, administrators, and career address the integration of academic and ca- ‘‘(8) describe how the eligible recipient— guidance and academic counselors who are reer and technical education and that assist ‘‘(A) will review career and technical edu- involved in integrated career and technical individuals who are interested in becoming cation programs, and identify and adopt education programs, including— career and technical education teachers and strategies to overcome barriers that result ‘‘(A) in-service and pre-service training— faculty, including individuals with experi- in lowering rates of access to or lowering ‘‘(i) in career and technical education pro- ence in business and industry; success in the programs, for special popu- grams and techniques; ‘‘(9) to develop and expand postsecondary lations; and ‘‘(ii) in effective integration of challenging program offerings at times and in formats ‘‘(B) will provide programs that are de- academic and career and technical education that are convenient and accessible for work- signed to enable the special populations to jointly with academic teachers, to the extent ing students, including through the use of meet the local adjusted levels of perform- practicable; distance education;

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.007 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5072 CONGRESSIONAL RECORD — HOUSE July 12, 2006

‘‘(10) to develop initiatives that facilitate (iii) by striking ‘‘vocational’’ both places (d) CONSORTIUM APPLICATIONS.—Section 143 the transition of sub-baccalaureate career the term appears and inserting ‘‘career’’; and (as redesignated by subsection (a) of this sec- and technical education students into bacca- (iv) in subparagraph (A), by inserting ‘‘, tion) is amended— laureate degree programs, including— educational service agency,’’ after ‘‘inter- (1) in subsection (a), by striking ‘‘title’’ ‘‘(A) articulation agreements between sub- mediate educational agency’’; and and inserting ‘‘part’’; baccalaureate degree granting career and (B) in paragraph (2)— (2) in subsection (b)— technical education postsecondary edu- (i) in subparagraph (A), by striking ‘‘and’’; (A) by striking ‘‘5’’ and inserting ‘‘6’’; and cational institutions and baccalaureate de- (ii) in subparagraph (B), by striking the pe- (B) by striking ‘‘title’’ and inserting gree granting postsecondary educational in- riod at the end and inserting a semicolon; ‘‘part’’; stitutions; and (3) in subsection (d)— ‘‘(B) postsecondary dual and concurrent (iii) by adding at the end the following: (A) in paragraph (1), by inserting ‘‘or ad- enrollment programs; ‘‘(C) employers, including small businesses, vanced’’ after ‘‘baccalaureate’’; ‘‘(C) academic and financial aid counseling or business intermediaries; and (B) by striking paragraph (4) and inserting for sub-baccalaureate career and technical ‘‘(D) labor organizations.’’; the following: education students that inform the students (2) in subsection (c)— ‘‘(4) provide education and training in of the opportunities for pursuing a bacca- areas or skills, including emerging tech- laureate degree and advise the students on (A) by striking paragraph (2) and inserting the following: nology, in which there are significant work- how to meet any transfer requirements; and force shortages based on the data provided ‘‘(D) other initiatives— ‘‘(2) consist of not less than 2 years of secondary school with a common core of tech- by the entity in the State under section ‘‘(i) to encourage the pursuit of a bacca- 118;’’; laureate degree; and nical skills and core academic subjects preceding graduation and 2 years or more of (C) in paragraph (5), by striking the period ‘‘(ii) to overcome barriers to enrollment in at the end and inserting ‘‘; and’’; and higher education, or an apprenticeship pro- and completion of baccalaureate degree pro- (D) by adding at the end the following: gram of not less than 2 years following sec- grams, including geographic and other bar- ‘‘(6) demonstrate success in, or provide as- ondary instruction, designed to lead to tech- riers affecting rural students and special surances of, coordination and integration nical skill proficiency, a credential, a certifi- populations; with eligible recipients described in part C.’’; cate, or a degree, in a specific career field;’’; ‘‘(11) for improving or developing new ca- and (B) in paragraph (3)(B), by inserting ‘‘in- reer and technical education courses, includ- (4) in subsection (e), by striking ‘‘title’’ cluding through the use of articulation ing entrepreneurship and development of and inserting ‘‘part’’. agreements, and’’ after ‘‘career fields,’’; new career pathways; (e) AUTHORIZATION OF APPROPRIATIONS.— (C) by striking paragraph (4) and inserting ‘‘(12) to develop and support small, person- Section 144 (as redesignated by subsection (a) the following: alized career-themed learning communities; of this section) is amended— ‘‘(13) to provide support for family and con- ‘‘(4) include in-service professional devel- (1) by striking ‘‘title (other than section sumer sciences programs; opment for teachers, faculty, principals, and 207)’’ and inserting ‘‘part’’; and ‘‘(14) to provide career and technical edu- administrators that— (2) by striking ‘‘1999 and each of the 4’’ and cation programs for adults and school drop- ‘‘(A) supports effective implementation of inserting ‘‘2006 and each of the 5’’. outs to complete their secondary school edu- tech-prep programs; cation or upgrade their technical skills; ‘‘(B) supports joint training in the tech- TITLE II—GENERAL PROVISIONS ‘‘(15) to provide assistance to individuals prep consortium; SEC. 201. REDESIGNATION OF TITLE. who have participated in services and activi- ‘‘(C) supports the needs, expectations, and (a) FEDERAL ADMINISTRATIVE PROVISIONS.— ties under this title in finding an appropriate methods of business and all aspects of an in- Title III (20 U.S.C. 2391 et seq.) is amended by job and continuing their education or train- dustry; redesignating sections 311 through 318 as sec- ing through collaboration with the work- ‘‘(D) supports the use of contextual and ap- tions 211 through 218, respectively. force investment system established under plied curricula, instruction, and assessment; (b) STATE ADMINISTRATIVE PROVISIONS.— the Workforce Investment Act of 1998 (29 ‘‘(E) supports the use and application of Title III (20 U.S.C. 2391 et seq.) is amended by U.S.C. 2801 et seq.); technology; and redesignating sections 321 through 325 as sec- ‘‘(16) to support activities in nontradi- ‘‘(F) assists in accessing and utilizing data, tions 221 through 225, respectively. tional fields, such as mentoring and out- including labor market indicators, achieve- (c) TITLE HEADING.—The title heading of reach; and ment, and assessments;’’; title III (20 U.S.C. 2391 et seq.) is amended to ‘‘(17) to support other career and technical (D) in paragraph (5)— read as follows: education activities that are consistent with (i) by striking ‘‘training’’ and inserting ‘‘TITLE II—GENERAL PROVISIONS’’. the purpose of this Act.’’. ‘‘professional development’’; SEC. 202. FISCAL REQUIREMENTS. SEC. 119. TECH-PREP EDUCATION. (ii) in subparagraph (B), by inserting ‘‘, (a) REDESIGNATION.—Title II (20 U.S.C. 2371 Section 211 (as redesignated by section 201 which may include through the use of grad- of this Act) is amended— et seq.) is amended— uation and career plans’’ after ‘‘programs’’; (1) by striking the title heading and insert- (1) by striking ‘‘vocational’’ each place the (iii) in subparagraph (D), by striking term appears and inserting ‘‘career’’; and ing the following: ‘‘and’’; ‘‘PART D—TECH-PREP EDUCATION’’; (2) in subsection (b)— (iv) in subparagraph (E), by inserting (A) by striking paragraph (1) and inserting (2) by striking sections 201, 202, 206, and ‘‘and’’ after the semicolon; and the following: 207; and (v) by adding at the end the following: ‘‘(1) DETERMINATION.— (3) by redesignating sections 203, 204, 205, ‘‘(F) provide comprehensive career guid- ‘‘(A) IN GENERAL.—Except as provided in and 208, as sections 141, 142, 143, and 144, re- ance and academic counseling to partici- subparagraphs (B) and (C), no payments shall spectively. pating students, including special popu- be made under this Act for any fiscal year to (b) STATE ALLOTMENT AND APPLICATION.— lations;’’; a State for activities authorized under title Section 141 (as redesignated by subsection (a) (E) in paragraph (6)— I unless the Secretary determines that the of this section) is amended— (i) by inserting ‘‘(including pre-apprentice- average fiscal effort per student or the ag- (1) in subsection (a), by striking ‘‘section ship programs)’’ after ‘‘programs’’; and gregate expenditures of such State for career 206’’ and inserting ‘‘section 144’’; and (ii) by striking ‘‘and’’ after the semicolon; and technical education programs for the 3 (2) by striking subsection (c) and inserting (F) in paragraph (7), by striking the period fiscal years preceding the fiscal year for the following: at the end and inserting ‘‘; and’’; and ‘‘(c) STATE APPLICATION.—Each eligible which the determination is made, equaled or (G) by adding at the end the following: agency desiring assistance under this part exceeded such effort or expenditures for ca- ‘‘(8) coordinate with activities conducted shall submit an application to the Secretary reer and technical education programs, for under this title.’’; and at such time, in such manner, and accom- the 3 fiscal years preceding the fiscal year panied by such information as the Secretary (3) in subsection (d)— for which the determination is made. may require. Such application shall describe (A) in paragraph (2), by striking ‘‘and’’ ‘‘(B) COMPUTATION.—In computing the av- how activities under this part will be coordi- after the semicolon; erage fiscal effort or aggregate expenditures nated, to the extent practicable, with activi- (B) in paragraph (3), by striking the period pursuant to subparagraph (A), the Secretary ties described in section 122.’’. at the end and inserting a semicolon; and shall exclude capital expenditures, special (c) TECH-PREP EDUCATION.—Section 142 (as (C) by adding at the end the following: one-time project costs, and the cost of pilot redesignated by subsection (a) of this sec- ‘‘(4) improve career guidance and academic programs. tion) is amended— counseling for participating students ‘‘(C) DECREASE IN FEDERAL SUPPORT.—If the (1) in subsection (a)— through the development and implementa- amount made available for career and tech- (A) in paragraph (1)— tion of graduation and career plans; and nical education programs under this Act for (i) by striking ‘‘section 203’’ and inserting ‘‘(5) develop curriculum that supports ef- a fiscal year is less than the amount made ‘‘section 141’’; fective transitions between secondary and available for career and technical education (ii) by striking ‘‘title’’ and inserting postsecondary career and technical edu- programs under this Act for the preceding ‘‘part’’; cation programs.’’. fiscal year, then the average fiscal effort per

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.007 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5073 student or the aggregate expenditures of a ‘‘PART D—TECH-PREP EDUCATION tleman from California (Mr. GEORGE State required by subparagraph (A) for the 3 ‘‘Sec. 141. State allotment and application. MILLER) and the gentleman from Cali- preceding fiscal years shall be decreased by ‘‘Sec. 142. Tech-prep education. fornia (Mr. MCKEON) each will control the same percentage as the percentage de- ‘‘Sec. 143. Consortium applications. 30 minutes. crease in the amount so made available.’’; ‘‘Sec. 144. Authorization of appropriations. The Chair recognizes the gentleman and ‘‘TITLE II—GENERAL PROVISIONS (B) in paragraph (2), by striking ‘‘fiscal ef- from California (Mr. GEORGE MILLER). fort’’ both places the term appears and in- ‘‘PART A—FEDERAL ADMINISTRATIVE Mr. GEORGE MILLER of California. serting ‘‘average fiscal effort’’. PROVISIONS Mr. Speaker, I yield myself such time SEC. 203. VOLUNTARY SELECTION AND PARTICI- ‘‘Sec. 211. Fiscal requirements. as I may consume, and I rise as we con- PATION. ‘‘Sec. 212. Authority to make payments. sider going to conference with the Sen- Section 214 (as redesignated by section 201 ‘‘Sec. 213. Construction. ate on the Vocational Education Im- of this Act) is amended by striking ‘‘voca- ‘‘Sec. 214. Voluntary selection and participa- provement Act, something that I think tion. tional’’ both places the term appears and in- we should do and which I support and serting ‘‘career’’. ‘‘Sec. 215. Limitation for certain students. have been working with my colleagues SEC. 204. LIMITATION FOR CERTAIN STUDENTS. ‘‘Sec. 216. Federal laws guaranteeing civil Section 215 (as redesignated by section 201 rights. on the other side of the aisle in the of this Act) is amended by striking ‘‘voca- ‘‘Sec. 217. Participation of private school House and in the Senate to bring that tional’’ and inserting ‘‘career’’. personnel. conference to a successful conclusion, SEC. 205. AUTHORIZATION OF SECRETARY; PAR- ‘‘PART B—STATE ADMINISTRATIVE PROVISIONS but I also rise not just in support of TICIPATION OF PRIVATE SCHOOL ‘‘Sec. 221. Joint funding. going to conference but also in support PERSONNEL. ‘‘Sec. 222. Prohibition on use of funds to in- of a motion where we will have the Part A of title II (as redesignated by sec- duce out-of-State relocation of ability to stand up for the dignity of 6.5 tion 201 of this Act) is amended— businesses. (1) by striking section 217; million workers in the United States ‘‘Sec. 223. State administrative costs. making the minimum wage or near (2) by redesignating section 218 as section ‘‘Sec. 224. Limitation on Federal regula- 217; and tions. minimum-wage pay. (3) in section 217 (as redesignated by para- ‘‘Sec. 225. Student assistance and other Fed- This motion instructs the conferees graph (2) of this section)— eral programs.’’. to make it clear that when the bill (A) by inserting ‘‘principals,’’ after ‘‘for vo- states its purpose is to prepare stu- Mr. MCKEON. Mr. Speaker, I ask cational and technical education teachers,’’; dents for highways jobs, that in no unanimous consent to strike all after (B) by inserting ‘‘principals,’’ after ‘‘of vo- event should those jobs pay less than the enacting clause of S. 250 and insert cational and technical education teachers,’’; $7.25 an hour. The minimum wage and in lieu thereof the text of H.R. 366 as today is just $5.15 an hour, and for (C) by striking ‘‘vocational’’ each place the passed by the House. term appears and inserting ‘‘career’’. The SPEAKER pro tempore. Is there nearly 10 years the Republican leader- SEC. 206. STUDENT ASSISTANCE AND OTHER FED- objection to the request of the gen- ship has stood in the way of a raise for ERAL PROGRAMS. tleman from California. America’s lowest wage workers. That Section 225(c) (as redesignated by section There was no objection. is a shame, it is an insult, and it is a 201 of this Act) is amended— moral outrage. This is the year when (1) in the subsection heading, by striking The Senate bill was ordered to be read a third time, was read the third Members of Congress from both parties ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; and should come together and show how se- (2) by striking ‘‘vocational’’ both places time, and passed. the term appears and inserting ‘‘career’’. The title of the Senate bill was rious they are about raising the minimum wage and that they are serious SEC. 207. TABLE OF CONTENTS. amended so as to read: ‘‘To amend the Section 1(b) (20 U.S.C. 2301 note) is amend- Carl D. Perkins Vocational and Tech- about valuing hard work. Mr. Speaker, I want to remind my ed to read as follows: nical Education Act of 1998 to strength- ABLE OF ONTENTS colleagues that the Fair Standards ‘‘(b) T C .—The table of en and improve programs under that contents for this Act is as follows:. Labor Act, containing the minimum Act.’’ ‘‘Sec. 1. Short title; table of contents. wage, was passed in 1938 to alleviate A motion to reconsider was laid on ‘‘Sec. 2. Purpose. poverty. Yet now the minimum wage the table. ‘‘Sec. 3. Definitions. condemns workers to a life of poverty ‘‘Sec. 4. Transition provisions. f ‘‘Sec. 5. Privacy. for themselves and for their children. ‘‘Sec. 6. Limitation. APPOINTMENT OF CONFEREES ON That is what we do when we fail to ‘‘Sec. 7. Special rule. S. 250, VOCATIONAL AND TECH- raise the minimum wage. We put the ‘‘Sec. 8. Authorization of appropriations. NICAL EDUCATION FOR THE FU- Federal stamp of approval, the congres- ‘‘TITLE I—CAREER AND TECHNICAL EDU- TURE ACT sional stamp of approval, if you will, CATION ASSISTANCE TO THE STATES Mr. MCKEON. Mr. Speaker, I ask on the wages of those individuals, so ‘‘PART A—ALLOTMENT AND ALLOCATION unanimous consent that the House in- that even though they go to work ‘‘Sec. 111. Reservations and State allotment. sist on its amendments to the Senate every day, every week, every month, ‘‘Sec. 112. Within State allocation. and all year long, they will not be able ‘‘Sec. 113. Accountability. bill, S. 250, and request a conference ‘‘Sec. 114. National activities. with the Senate thereon. to raise themselves out of poverty. ‘‘Sec. 115. Assistance for the outlying areas. The SPEAKER pro tempore. Is there That is just unacceptable for this Na- ‘‘Sec. 116. Native American program. objection to the request of the gen- tion, which is the beacon to the world ‘‘Sec. 117. Tribally controlled postsecondary tleman from California? about economic opportunity, which is career and technical institu- There was no objection. the beacon to the world about under- tions. standing what it means to have every MOTION TO INSTRUCT OFFERED BY MR. GEORGE ‘‘Sec. 118. Occupational and employment in- citizen participate in our society. If formation. MILLER OF CALIFORNIA they work those 52 weeks a year, they ‘‘PART B—STATE PROVISIONS Mr. GEORGE MILLER of California. will only earn $10,700, which is $5,000 Mr. Speaker, I offer a motion to in- ‘‘Sec. 121. State administration. per year below the poverty line for a ‘‘Sec. 122. State plan. struct conferees. family of three. The current minimum ‘‘Sec. 123. Improvement plans. The Clerk read as follows: ‘‘Sec. 124. State leadership activities. wage will not even support a single Mr. George Miller of California moves to ‘‘PART C—LOCAL PROVISIONS worker and a single child above pov- instruct the managers on the part of the ‘‘Sec. 131. Distribution of funds to secondary House at the conference on the disagreeing erty. Raising the minimum wage to school programs. votes of the two Houses on the bill S. 250 to $7.25 an hour will mean an additional ‘‘Sec. 132. Distribution of funds for postsec- include in the conference substitute rec- $4,370 a year to help minimum-wage ondary career and technical ommended by the committee of conference earners support their families. education programs. the following: In section 3(2) of the bill, after I don’t have to tell you, Mr. Speaker, ‘‘Sec. 133. Special rules for career and tech- the phrase ‘‘high wage’’ insert ‘‘(in no case because I know you support this act, nical education. less than $7.25 an hour)’’. ‘‘Sec. 134. Local plan for career and tech- but here are the facts. Here are the nical education programs. The SPEAKER pro tempore. Pursu- facts. Those workers today are stuck ‘‘Sec. 135. Local uses of funds. ant to clause 7 of rule XXII, the gen- at 1997 wages. By Federal law, their

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.007 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5074 CONGRESSIONAL RECORD — HOUSE July 12, 2006 wage is $5.15 an hour. That wage was to understand what it does to the insti- Let me just talk a little about what secured by the Congress of the United tutions of freedom and liberty and de- we have done. States on a bipartisan vote to raise mocracy when people aren’t full par- b 1200 that wage to $5.15. Since that time, the ticipants in our society. Republican Congress has refused to en- Again, these people have made the A little over a year ago, the House tertain an increase in that minimum decision that they are going to go to passed the vocational education reau- wage. work every day and they are going to thorization bill, a bill that has been a Now, what do we have here? We have try their darnedest to support their law for 30 or 40 years. And the process the fact that the price of milk since families, to support their children and is that a bill is introduced, it is that time has gone up 24 percent, bread to meet their needs. It has been said brought before the subcommittee, the is up 25 percent, college is up 77 per- for a long time by business that if you full committee, and finally passed by cent, health insurance is up 97 percent, do this, you will kill jobs; that you will the House. The Senate passed a similar and regular gasoline is up 136 percent. hurt the people you are trying to sup- bill. We have been meeting with the The fact of the matter is that this min- port. Well, let us again remember what Senate for almost a year trying to imum-wage worker, after 1 hour’s we are doing here. We are trying to work out, resolve the differences be- work, cannot stop alongside a gas sta- bring a wage that is stuck in 1997 for- tween the bills so we can get a bill fi- tion and get a gallon of gas and a gal- ward to 2006, and we are going to do it nally passed and to the President’s desk. lon of milk at the same time. Their over a 2-year period. Today, we are naming conferees so wages simply will not support that. It has gotten to such a point that the we can get this bill finalized and fin- That is the problem that we have, is business community is starting to be ished up. And about 15 minutes ago the that we have people stuck at a feder- divided on this. Here you have the larg- Democrats gave us this motion to in- ally mandated minimum wage from the est employer, I believe in the United struct conferees that says: ‘‘In section year 1997. None of us are in 1997 today. States, Wal-Mart, and not a company 3(2) of the bill, after the phrase ‘high This is 2006. And the fact of the matter that I am used to quoting, but Wal- wage’ insert ‘(in no case less than $7.25 is that these people who have made a Mart has said that America needs a raise in the minimum wage for these an hour)’.’’ conscious decision to go to work every Let me read what we have agreed on. day are so badly disadvantaged that people who are earning too little; so little that even shopping at Wal-Mart, ‘‘Building on the efforts of the States they cannot raise themselves above the and localities to develop challenging poverty line. at every day low prices as they adver- tise, these people cannot purchase the academic and technical standards, and Now, I know that this Republican to assist students in meeting such conference is led by Mr. BOEHNER, a basic necessities for their families. They are unable to do that. That is the standards, including preparation for very good friend of mine, and he is high-skill, high-wage or high-demand proud of this statement: ‘‘I have been kind of economic situation these people find themselves in. occupations in current or emerging in this business for 25 years, and I have professions.’’ never voted for an increase in the min- Again, they do not find themselves in that situation because they are work- Now that is a good thing that we imum wage. I am opposed to it, and I should be working on. That is what we think a vast majority of our conference ing at a minimum wage that was increased in the year 2000 or 2003, 2004, or should be trying to do, educate our is opposed to it.’’ Well, that may be 2005, and now we want to update it to young people and prepare them for true, but I do not believe that a vast 2006 and 2007. This is a minimum wage high-skill, high-wage and high-demand majority of this Congress is opposed to which these people are earning which occupations. it. And what we have been asking is to was set in 1997. If we took this motion to instruct have a vote on the floor on the min- So that is the reason that I make that they are giving us, we would imum wage. this motion to instruct the conferees, change that to say, in meeting such If this Congress continues to listen to because vocational education is becom- standards, ‘‘including preparation for Leader BOEHNER, and the fact is he has ing an ever more important part of a high-skill, high-wage, $7.25-an-hour, or always been opposed to it, so if they pathway for students to career oppor- high-demand occupations in current or had listened to him workers would be tunities, to increased earnings oppor- emerging professions.’’ back to wages set in 1973. They would tunity, and in the Senate bill we can So it sounds like they are talking be working for $3.35 an hour as the make sure that the purpose of this bill about minimum wage, but what they minimum wage and paying 2006 prices is to achieve high wages. In the House are doing is defining a high wage as for bread and for milk and for gasoline bill we have no such language, and I $7.25 an hour. I have a little disagree- and for health coverage and all the rest am asking that we instruct that there ment with that. I don’t think that $7.25 of that. That is why this is imperative. be language that what we mean is that an hour is a high wage, but that is This is not a simple economic deci- in no event should this lead to wages what they are wanting us to do. sion. This is a decision of values. This that are less than $7.25 an hour, which The Democratic leadership is trying is a decision about our country and would be the case if the bill that was to play politics with what, to this about these people, about 6 million voted on in the Health and Human point, has been a bipartisan effort to people, many of whom are supporting Services Appropriation Act, offered by craft a strong bill that benefits mil- children, many who are making major Mr. HOYER and Mr. OBEY, if that be- lions of Americans. The vocational contributions to the total income of came law, because then in two jumps education reforms that we include in their families. This is about whether or we would get to $7.25. our bill will help students and workers not we value their work and we value Mr. Speaker, I reserve the balance of build their academic and technical them as full participants in American my time. skills and equip them with the knowl- society. Mr. MCKEON. Mr. Speaker, I yield edge to proceed with postsecondary This is also about understanding that myself such time as I may consume. education or pursue other opportuni- you cannot build a strong and rich I guess it is no secret we are in an ties that will pay them much more country on the backs of poor people. It election year. As we just saw in the de- than $7.25 an hour. simply will not work. Around the coun- bate just before this debate, a lot of I am disappointed that my colleagues try we see where democracy flags and talk about the minimum wage. The on the other side of the aisle would, at lags because of the fact there is such a motion before the House today is noth- the 11th hour, actually 11th hour and 45 disparity in those countries between ing but a political ploy. Nothing in the minutes, or 11th hour and 55 minutes, rich and poor. We know. We have Vocational Education bill before us has just before we walk onto the floor, give charted it. And when you get to the anything to do with the minimum us something that changes the defini- levels of disparity that America is wage, nor has there been any discus- tion of high wage to $7.25 an hour and starting to approach now between rich sion of the minimum wage among the ends up tainting good work with bad and poor, basic fundamental democracy conferees, because this is neither the politics. is threatened. That doesn’t mean it time nor the place to consider an in- Mr. Speaker, I reserve the balance of will disappear in America, but we have crease. my time.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.032 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5075 Mr. GEORGE MILLER of California. milk, at least 25 percent, the price of I would also like to thank the com- Mr. Speaker, I yield myself 1 minute. gas a couple hundred percent. The price mittee and the subcommittee ranking I would just say, only my Republican of health care 100 percent, but I am not members, Mr. MILLER and Ms. WOOL- colleagues would think that $7.25 an sure why we are discussing health care SEY, for working with us in a bipar- hour is a high wage for working people. because no one on minimum wage can tisan manner both on the House bill In fact, in the motion to instruct he afford it. and in our preliminary discussions knows it is ‘‘not less than $7.25 an This is not a political ploy; this is with the Senate to get us to this point. hour.’’ about the ability of people to make Their willingness to work with us to- My colleague has also said that this ends meet and to feed their families. ward our mutual goal of improving and is neither the time nor the place. We Yes, we are talking about families. The modernizing our career and technical haven’t been able to find out since 1997 other side often says minimum wage, education programs has allowed us to where is the time and where is the that only applies to kids on summer get to this point today. place to raise the minimum wage for 6 jobs. Try to tell that to the millions of I am confident that our negotiations million American workers. That is people who are trying to feed families, with the Senate will produce a measure what the American public wants to children, pay for rent and buy gas to that will be widely supported by Mem- know, that is what the American pub- get to work. bers of the House on both sides of the lic supports our doing, but we have I ask the majority party, who has not aisle. I would like to see us move for- been unable to find out from the Re- found a time or place to discuss the ward quickly to get to conference to fi- publican leadership. All we get from minimum wage: Have they no imagina- nalize this bill so we can have a vote on the Republican leadership is ‘‘no.’’ tion? We are supposed to be Represent- it before we adjourn for the summer re- When it passed in the Appropriations atives here. One of our challenges is to cess. Committee, the bill has not come to put ourselves in the shoes of the hun- Again, I thank all those who have the floor because it has the minimum dreds of thousands of people whom we worked so hard to bring us here today, wage in it. Then when those same peo- represent. Have they no imagination? and reemphasize again, aside from all ple had to vote in another Appropria- It shouldn’t take much imagination to of the rhetoric about the minimum tions Committee, the Republican lead- figure out how difficult it is to get by wage, this is not a vote on the min- ership got them to change their votes on today’s minimum wage. Do they imum wage bill, it is a vote on reau- against the minimum wage. think that we don’t have time to dis- thorizing the Vocational Education Our committee has had no hearings cuss it here on the floor? Of course, we Act. and they are not reporting the bill. do. Mr. GEORGE MILLER of California. Where is the time and where is the They will say it is going to kill jobs. Mr. Speaker, I yield 5 minutes to the place? Where do these 6 million poor There is no evidence of that. In fact, gentleman from Ohio (Mr. KUCINICH). Mr. KUCINICH. Mr. Speaker, I thank workers, where do they go to make the best evidence we can find, and this the gentleman and I thank Mr. MILLER their case to this Republican Congress? goes back to the days when Henry Ford for his motion to instruct. Where is that time and where is that increased the wages for his workers, the best evidence we can find is that With all due respect to the chairman, place? increasing the salaries of hourly work- the Miller motion to instruct estab- Mr. Speaker, I yield 5 minutes to the lishes in the language that in no case gentleman from New Jersey (Mr. ers helps the economy. In States that have higher minimum wages, they have shall the wage be less than $7.25 an HOLT). hour. It is not a cap. It actually estab- Mr. HOLT. Mr. Speaker, I thank the better job creation. So don’t give us that, that this is lishes a floor, not a ceiling. gentleman from California for yielding going to hurt the economy. No, what it We all understand that for many peo- me time, but even more for bringing is going to hurt if we don’t raise the ple even $7.25 may not be enough, but this issue to the floor. minimum wage is 15 million people. the Miller amendment creates some Yes, where is the time and place? We have the opportunity with this progress in an area where the Amer- Since 1997, the minimum wage has motion to instruct because the Voca- ican people haven’t seen much been frozen and millions of people have tional Improvement Act has the pur- progress. Think about it. Do you know, been stranded. I don’t know of a better pose of creating high-skill, high-wage if the minimum wage had kept pace word to use. During that time we have jobs. All we are saying is that there with increases in corporate executive seen congressional pay increase by sev- ought to be a floor. If you are going to compensation over the last dozen eral times the total amount that a talk about wages, there ought to be a years, do you know what the minimum minimum-wage earner would earn in a floor. For more than half a century, for wage would be today? It would be over year. We have seen CEO compensation three-quarters of a century almost $16. That is how far and fast the top ex- raised many times what a minimum- now, it has been deemed appropriate ecutive salaries have gone up. wage earner would earn in a year. I for the Federal Government to set that But those people who provide the mean, the increase is that much. floor. That is what we are asking to do service for those executives and for all Mr. MILLER talked about the 6 mil- now, to set it at least at a barely hu- of us, those people who work in res- lion people who are stranded. It is more mane level rather than the inhumane taurants, who work in hotels, those like 15 if you consider all of the people level at which the minimum wage now people who are humble working people, who are indirectly affected by this stands. $5.15 an hour, and it has been frozen also. The chairman said that there has I urge support of the Miller motion there while the cost of everything been no discussion of minimum wages, to instruct. keeps going up. and so why should we bring it up with Mr. MCKEON. Mr. Speaker, I yield My constituents talked to me over this bill at this time. That is right, myself such time as I may consume. the July 4 break about the high cost of there has been no discussion. We are Mr. Speaker, I compliment the gen- gasoline. If you are making $5.15 an trying to find a place to have that dis- tleman on his eloquent speech on the hour and gasoline goes up to $3 or more cussion. minimum wage. However, this bill be- a gallon, what does that do to your Indeed, $7.25 is not a high wage. In fore us is not a minimum-wage bill. family budget? We have some practical fact, if the minimum wage were to be As I said earlier, what it does is considerations we need to look at here paid at the purchasing power that it change high-skill, high-wage to $7.25 an and we are not looking at them. used to have, it would be $9.05, still not hour. That is what I read from their That is why I am rising in support of a high wage, but considerably better motion to instruct. the Miller motion to instruct con- than the minimum wage of $5.15. One of the things I would like to say ferees, because vocational education The chairman says this is a political is that I appreciate Mr. CASTLE, chair- and training are vital parts of work- ploy. Try to tell that to someone who man of the Subcommittee on Edu- force development in America, and is trying to buy gas, to buy food. You cation Reform, for his leadership in they help to provide the highly trained, know, since the minimum wage was producing a good House bill in support skilled workers that our Nation needs. pegged, the price of bread has gone up, of educators and supported by nearly But you can get training and you can oh, at least 25 percent. The price of every Member of this Chamber. get education, but that doesn’t assure

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.035 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5076 CONGRESSIONAL RECORD — HOUSE July 12, 2006 you of a decent wage. That is because and that is the reauthorization of the fully support my children. And believe full-time, year-round, minimum-wage Vocational Education Act, their mo- me, I worked hard and I worked full earnings of $5.15 an hour leaves a fam- tion to instruct changes the language time. ily of three 31 percent below the pov- about building on the efforts of the My personal story bears repeating be- erty line. States and localities to developing cause too many families today are in We are all told in this country that if challenging academic and technical the exact same predicament I was in 38 you work hard, you will get ahead; if standards to assist students in meeting years ago. So this Congress, if it wants you get a good education, you will get such standards, including preparation to, can do something to seriously ad- a decent job. What is happening in for high-scale, high-wage, or high-de- dress poverty in this country. And we America, people are working hard and mand occupations. And they are saying can do it by increasing the minimum they are not getting ahead. They are after ‘‘high wage’’ insert the language wage, paying working parents enough getting an education and they are not ‘‘in no case less than $7.25 an hour.’’ to support their families and enough to getting a decent job, they are not get- And again, I think that when we are take care of their kids. But increasing ting decent pay. Seven million Ameri- saying high-wage, high-demand jobs we the minimum wage is absolutely, abso- cans have been frozen at this $5.15 min- are looking at a lot more than $7.25 an lutely necessary in getting that going. imum wage. hour. The Bush administration continues How do people survive? How do they I came from a business background to repeat that profits are up. They may feed their families? How do they have when I came here, and we were in the be up, but working Americans aren’t health care? How do they pay the rent retail business and we hired a lot of experiencing this benefit. They don’t and the mortgage on $5.15 an hour? people, and in most cases they would see it in their daily lives because their There is a moral dimension to this as start out at the minimum wage and wages are stagnant. In fact, the Fed- well. How can we, in a country which after a short period of training they eral minimum wage has not been in- has such enormous wealth, turn our moved up quickly to high paying jobs. creased since 1997. backs on our brothers and sisters who Minimum wage is not a cap. It is an You know, a rising tide should lift all are frozen at $5.15 an hour and say, No, entry level job. And again, though, we boats, not just the yachts. Mr. Speak- no, you can’t have more money to feed are not here to debate that. We are er, it is time for American workers to your family. No, you can’t have more here to talk about the vocational edu- share in the fruits of their labor, and it money to pay the rent. No, you can’t cation bill, and we want to go to con- is time to raise the minimum wage. Mr. MCKEON. Mr. Speaker, I yield have more money to pay for gasoline. ference so we can get this bill finished myself such time as I may consume. No, you can’t have more money be- up with the Senate, get it to the Presi- cause if we give you more money, the Again, I want to thank the gentle- dent and move on. woman for her great talk on minimum whole economy is going to be in trou- This bill enhances the Perkins pro- ble. Come on, we all know that is not wage, and remind people that that is gram by ensuring both secondary and not what we are talking about today. true. post-secondary students participating We all know that America has the ca- We are working on going to conference in the program will acquire rigorous on passing the vocational education pacity to create even more wealth, but academic technical skills and have the there is a maldistribution of the bill. opportunity to transition into further The emphasis on academics in this wealth, and the proof of the funda- education and/or successful employ- mental maldistribution of the wealth is bill will be assessed through an alignment. ment with No Child Left Behind and the fact that we are not able to raise I meet with lots of people having to this minimum wage to a level that pre- through enhanced accountability, do with education around the country. which strengthens the bill, which sents a living wage. I met with the head of the Association It is estimated that over 7 million makes it better for us to be able to of Truck Drivers school. He says, we help people train for good, high paying workers would receive an increase in could provide 40,000 truck drivers a their hourly wage if the minimum jobs. The House-passed bill strengthens year if we could get the people. There accountability by requiring that locals wage were raised to just $7.25 an hour is lots of demand for high paying jobs, as Mr. MILLER’s legislation, the Fair establish adjusted levels of perform- and we can’t get people trained. ance to complement the State-adjusted Minimum Wage Act, proposes. An addi- We need to get this bill passed and tional 8.2 million workers earning up levels of performance already in cur- get it so that the President can sign it rent law. In turn, the State agency will to a dollar above the new minimum into law and move forward. wage would also benefit. evaluate annually whether the local re- Mr. Speaker, I reserve the balance of cipient is making substantial progress This country has always been about my time. our aspirations to lift everyone up. toward achieving these goals. This, Mr. GEORGE MILLER of California. along with many other things, When we stop doing that, we become Mr. Speaker, I want to thank the gen- less than America. When we forget strengthens the Vocational Education tleman for joining us in the debate on Act and helps us to train young people those who have less, what does it mat- the minimum wage. And with that I ter who we are? The Scriptures com- for good, high paying, high wage jobs. yield 3 minutes to the gentlewoman Mr. Speaker, I reserve the balance of mand us, Whatever you do for these, from California (Ms. WOOLSEY), a mem- the least of our brethren, you do for my time. ber of the committee. Mr. GEORGE MILLER of California. the Lord. Ms. WOOLSEY. Mr. Speaker, first I Whose work are we doing here? Are Mr. Speaker, I yield 2 minutes to the want to thank Representative MILLER we doing the Lord’s work when we turn gentleman from California (Mr. BACA). for offering this motion and for his (Mr. BACA asked and was given per- around and cast out those who are the continued leadership in fighting for mission to revise and extend his re- humble workers in our society? No, we America’s workers. marks.) are not. Thirty-eight years ago I was a single, Mr. BACA. Mr. Speaker, I rise today It is time to remember where we working mother with three small chil- to call for a vote on raising the min- came from as a Nation. It is time to re- dren. In fact, my children were 1, 3 and imum wages. I thank Mr. MILLER for member our higher aspirations. Vote 5 years old at the time. Receiving no being an advocate on behalf of the for the Miller amendment. child support, earning just above the poor, disadvantaged and trying to b 1215 minimum wage, even though I was equate equality and job opportunities Mr. MCKEON. Mr. Speaker, I yield working, I was earning so little that and wages. myself such time as I may consume. my family was forced to go on Aid for I just heard from the leader on the Mr. Speaker, again I want to con- Dependent Children, welfare, to provide other side talk about leave no child be- gratulate my good friend from Ohio for for the child care, the health care and hind. But we want to make sure that his very eloquent speech on the min- the food that we needed to make ends no child is left behind, and that every imum wage. meet. Even though I had a good edu- child has an opportunity to progress Let me again remind those who are cation and I had good job skills, I still and advance, and that means employ- watching what we are debating today, wasn’t earning enough from my job to ment and an opportunity. When you

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.037 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5077 leave a child behind, that means that Consider the purchasing power of the These sequences of courses will incor- you have not given them the appro- minimum wage. It is inadequate. We porate a progression of both secondary priate wages to go to school, to obtain ought to increase the minimum wage. and post-secondary elements, which wages to pay for the schools. And I am proud to say that I have would include academic, career and Right now we see in America today sponsored a bill that has been in the technical content. Local recipients of the cost of health has increased. En- hopper for 2 years now to increase the both the secondary and post-secondary ergy, college are rising. People can’t minimum wage. It would go up to $7.15 level would adopt at least one model even afford to buy homes. We have two an hour in January of 2007. We should sequence of courses as developed by the or three or four or five different fami- do it. That is not a one-party or an- State. I believe this will help drive pro- lies that are working. We have individ- other party’s issue. It is an issue that gram improvements by ensuring that uals that have two or three different makes sense for all thinking Ameri- States clarify the progression of aca- kinds of jobs. Why? Because the min- cans. demic, vocational and technical imum wages have not increased. But I don’t think this is the correct courses needed for post-secondary edu- It is time that we look at working vehicle, the right bill to address that cation and the training or employment families and provide them with that subject. I can just tell you, in my ca- of a student’s choice. opportunity. Across America we need pacity as a chairman of a committee I The House version of S. 250 builds this minimum-wage increase. Don’t meet on a weekly basis with the other upon reforms made in past reauthoriza- complain about immigration and then committee chairmen and our majority tions and seeks to enhance this popular refuse to pay the American families a leader, and I make it clear in no uncer- program to ensure its success in years living wage. The minimum wage is not tain terms my very strong feeling. And to come. As a result of changes in the only for teenagers in summer jobs or it is not just me, or it is not just one House bill, S. 250 would help States, working families. It is for all Ameri- Republican. There are a lot of us who community colleges and other post- cans. Adults over the age of 20 make up are strongly in favor of increasing the secondary education institutions and the largest share of workers who would minimum wage. And that is very much local school districts better meet the benefit from minimum wages increase, on the table, as it should be. It is the needs of the students participating in and many parents are with children right thing to do for the right reasons. career and technical education. under the age of 18. We are talking But this is the wrong vehicle to carry I look forward to working with Mem- about under 18. Forty percent of min- forward that battle. bers of both sides of the aisle in both imum-wage workers are the sole bread- And Mr. MILLER, for whom I have a Chambers to complete work on this winners in their families. Too many high regard and I have worked with on critical legislation. working families in my district have a number of occasions over the years, I just want to further emphasize so had to turn to minimum-wage jobs sometimes to his detriment and mine, that everybody listening to this debate after Norton was closed and Kaiser but this is the sort of comity that understands that this is not a vote on closed. And we don’t have major indus- should be more prevalent in this insti- the minimum wage. This is a vote on tries such as some of our cities in the tution. We are in general agreement on going to conference on vocational edu- urban communities like us. We depend what we should do with the minimum cation so that we can get this bill to on those jobs that give them those wage. So let’s get on with the debate the President’s desk and take care of a kind, whether it is a McDonald’s, on this very important legislation lot of work that has been done to this whether it is a commercial store, brought by a committee after thorough point to make a good bill better. whether it is an industrial store. It is deliberation, dealing with a very im- Mr. Speaker, I yield back the balance important that they have those min- portant subject. Let’s deal with this of my time. imum wages increased because they subject here and now, and let’s reserve Mr. GEORGE MILLER of California. also need to put food on the table. In this country, in the United States, our effort on the minimum wage. And I Mr. Speaker, and Members of the many people are starving right here. am redoubling mine, and I am sure Mr. House, we are down to a very critical Yes, they are literally starving. They MILLER and his associates are redou- point. We are down to a point whether can’t put food on the table. They can’t bling theirs. We need it. We need it this or not this Chamber, the House of Rep- afford to pay for their gas prices that year to be effective come January 1 of resentatives, the People’s House as it is continues to go up. You fill a tank of 2007. known, whether or not we will rep- Mr. GEORGE MILLER of California. gas and it costs you anywhere between resent the people or whether we will 50 to 60 to $75. We need to increase the Mr. Speaker, I have the right to close. represent narrow special interests that minimum wages so therefore they can I have no further speakers. have a huge economic interest in keep- Mr. MCKEON. Mr. Speaker, I thank afford to buy gas, go to work and have ing the minimum wage at the 1997 level the gentleman for his comments. And something to provide for their families. of $5.15 an hour. as you can see, there are supporters for I ask that we support the minimum b 1230 wage. It is time that we deal with the minimum wage on both sides of the That is a decision that we have to American people here in the United aisle. But that is not what we are talk- make. States and we take care of them. We ing about today. We are not talking We have been trying now for a num- owe it to them. about minimum wage. What the other ber of years to force a vote on the min- Mr. MCKEON. Mr. Speaker, I yield side is asking that we do is put in a such time as he may consume to my rate, $7.25 an hour, in a Federal bill. We imum wage. I find it rather interesting good friend from New York (Mr. BOEH- don’t usually set wages in a Federal that the Republicans, who control the LERT), chairman of the Science Com- bill. What we do try to do in this bill is Senate, control the House, control the mittee. encourage the training, vocational edu- White House, cannot find the time and (Mr. BOEHLERT asked and was given cational training for young people so the place, although apparently they permission to revise and extend his re- that they can qualify for good, high are now sort of for it, to find the time marks.) paying jobs and move on to a success- and the place where we could have a Mr. BOEHLERT. Mr. Speaker, I am ful career. vote on the minimum wage. watching with a great deal of interest One of the unique attributes of voca- What is wrong with your leadership? this debate, and I notice the previous tional and technical education pro- Name the time, name the place. We gentleman in the well was talking grams is their ability to show students will be there with our votes. And if about the need to increase the min- a path that could end in a certificate, your leadership will not cooperate, imum wage. a credential, employment, military come on down and sign a discharge pe- Guess what? He is exactly right. And service or post-secondary education. It tition. Mr. BOEHLERT and others who I refuse to cede the issue to one side or opens up lots of opportunities. are supporting the minimum wage, the other. There are a lot of us who The House-passed bill requires States come on down and sign a discharge pe- have looked at that and realized that to establish model sequences of courses tition, and then we will be assured that we haven’t had an increase in the min- to emphasize further student academic the American people will get the vote imum wage in 9 years. career and technical achievement. that they strongly desire to have.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.039 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5078 CONGRESSIONAL RECORD — HOUSE July 12, 2006 Over 80 percent of the American peo- money brushing his teeth than people have that and then insist upon these ple believe that raising the minimum make on the minimum wage all year wages. wage from the 1997 wage level of $5.15 long. I ask for an ‘‘aye’’ vote on the motion to, today, of $7.25 an hour is, in fact, What is the justice of this? What is to instruct. the right thing to do, the fair thing to the equity of this? What is the fairness The SPEAKER pro tempore (Mr. do, and the moral thing to do. The only of this? It cannot be what America is BOOZMAN). Without objection, the pre- thing that prevents that from hap- about, about the intentional decision vious question is ordered on the motion pening is the Republican leadership in by the Republican leadership that 6 to instruct. the House of Representatives. million American people will simply be There was no objection. Even the Senate allowed a vote to poor, and they will be relegated to the The SPEAKER pro tempore. The take place, but only in the Senate can class of poverty and they will be there question is on the motion to instruct you pass something by a majority vote. by edict of the Federal law. The Fed- offered by the gentleman from Cali- It got 52 votes, a bipartisan vote, and it eral law will keep them in poverty. fornia (Mr. GEORGE MILLER). still does not pass because they say We ought to also tell the taxpayers The question was taken; and the you have got to get 60 votes. But in the that when you make that decision, you Speaker pro tempore announced that House you cannot even get that vote. are also making the taxpayers of this the ayes appeared to have it. You cannot even get that vote. country part of their employment be- Mr. GEORGE MILLER of California. We had a vote in the Appropriations cause when they work at those poverty Mr. Speaker, on that I demand the yeas Committee on a bipartisan basis. The wages, the taxpayers pay for the school and nays. members of that committee voted to lunches and they pay for the housing The yeas and nays were ordered. increase the minimum wage. Under the and they pay for the healthcare and The SPEAKER pro tempore. Pursu- leadership of Mr. HOYER and Mr. OBEY, they pay for the utility bills when it is ant to clause 8 of rule XX, further pro- they voted to increase the minimum cold and when it is hot. We end up sub- ceedings on this question will be post- wage. Since that has happened, that sidizing those employers who insist poned. bill has been prevented from coming to that they cannot make a profit unless f the floor of the House of Representa- they pay 1997 wages. tives where we could vote, up or down, Let me tell you something about ANNOUNCEMENT BY THE SPEAKER on increasing the minimum wage. So, those employers. They are not long for PRO TEMPORE this world because there is something apparently, this time and place that The SPEAKER pro tempore. Pursu- very wrong with their business plan the Republicans say they are prepared ant to clause 8 of rule XX, proceedings that they can only succeed if they pay to go is a mystery to everyone. will resume on questions previously Maybe we could have a national con- 1997 wages. Think about that. Think postponed. test like they are doing for the Johnny about what you are embracing. You are Votes will be taken in the following Depp’s pirates movie. We could bury embracing an economic model that order: the time and the place somewhere in says that success is dependent upon Ordering the previous question on H. the United States, and we could let being able to pay forever 1997 wages to Res. 906, by the yeas and nays; adopt- people decide and play a game and try my employees. Have we lost our minds ing H. Res. 906, if ordered; instructing to figure out where it is. Where is that here? Do we understand the injustice of conferees on S. 250, by the yeas and time and place? Is it in the gentleman’s this? nays. district in California? Is it in my dis- Again, these are people working 40 The first electronic vote will be con- trict? hours a week every day. They drive ducted as a 15-minute vote. Remaining We all know where that time and mostly old cars that consume more gas electronic votes will be conducted as 5- place is. The time is now and the place that costs them more to commute to minute votes. is the House of Representatives on the that job. They still do it. floor of the Congress of the United America has already said it. It is just f States. That is where we are supposed the Congress, just the Republican lead- PROVIDING FOR CONSIDERATION to be doing the people’s business. ership. America says, give these people OF H.R. 2990, CREDIT RATING There is nothing else in this country a raise. They know that struggle. They AGENCY DUOPOLY RELIEF ACT that is at 1997 levels, not gasoline, not know that struggle. They know it OF 2006 bread, not milk. Do you know what themselves. Middle-class people know else is not at 1997 levels, where the what it means to drive up to a station The SPEAKER pro tempore. The Congress found the time and the place? today and say, Fill it up. Most people pending business is the vote on order- Do you want to know what else is not do not say, Fill it up. They say, How ing the previous question on House at 1997 levels? Congressional pay. Be- much do I need to get to Friday? That Resolution 906, on which the yeas and cause we found six times and six places is what they say to themselves. nays were ordered. to give ourselves the cost-of-living in- Well, think about what poor people The Clerk read the title of the resolu- crease while we insisted that the low- are thinking. tion. est paid people in this country could We value work. We changed the wel- The SPEAKER pro tempore. The not have more than $5.15 an hour, the fare laws to encourage people to go to question is on ordering the previous same wage they were making in 1997. work. Should we not encourage them question. Apparently, it wasn’t good enough for to get out of poverty? Should we not The vote was taken by electronic de- Congress, so we increased our COLA. help them to get out of poverty instead vice, and there were—yeas 223, nays I agree with that increase, but think of sticking them at 1997 levels? 197, not voting 12, as follows: about the message and the morality This is fundamental. This vote is fun- [Roll No. 364] that you are reflecting when you can- damental. This debate is fundamental. YEAS—223 not reach back, after we receive these And the time and the place to have it Aderholt Boehlert Camp (MI) COLAs, and say to these people who is now in the halls of the Congress of Akin Boehner Campbell (CA) are struggling to support their fami- the United States. We cannot continue Alexander Bonilla Cannon lies, Here, let us give you a hand, let us to have a Republican leadership that Bachus Bonner Cantor Baker Bono Capito help you; you have made that decision says, this is not right, that is not right, Barrett (SC) Boozman Carter to participate in the American eco- this is not the bill, this is not the sub- Bartlett (MD) Boustany Castle nomic system by going to work every ject matter. Barton (TX) Bradley (NH) Chabot Bass Brady (TX) Chocola day. But somehow this Congress just Just bring us a bill. Let us vote up or Beauprez Brown (SC) Coble does not value their work. down. You have the majority. You con- Biggert Brown-Waite, Cole (OK) We give tax breaks to CEOs. A guy at trol it. Either you believe in the dig- Bilbray Ginny Conaway Exxon walks out after several years nity of these people, in the dignity of Bilirakis Burgess Crenshaw Bishop (UT) Burton (IN) Cubin with $400 million in guaranteed pension their children, in the dignity of their Blackburn Buyer Culberson benefits, $400 million. He made more work, or you don’t, because you cannot Blunt Calvert Davis (KY)

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.042 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5079 Davis, Tom Johnson (IL) Pombo McCollum (MN) Pastor Smith (WA) Deal (GA) Kelly Price (GA) Deal (GA) Johnson, Sam Porter McDermott Pelosi Snyder DeLauro Kennedy (MN) Pryce (OH) Dent Jones (NC) Price (GA) McGovern Peterson (MN) Solis Dent King (NY) Putnam Diaz-Balart, L. Keller Pryce (OH) McIntyre Pomeroy Spratt Diaz-Balart, L. Kingston Radanovich Diaz-Balart, M. Kelly Putnam McKinney Price (NC) Stark Diaz-Balart, M. Kirk Ramstad Doolittle Kennedy (MN) Radanovich Meehan Rahall Strickland Dicks Kline Regula Drake King (IA) Ramstad Meek (FL) Rangel Stupak Doolittle Knollenberg Rehberg Dreier King (NY) Regula Meeks (NY) Reyes Tanner Drake Kolbe Reichert Duncan Kingston Rehberg Melancon Ross Tauscher Dreier Kuhl (NY) Renzi Ehlers Kirk Reichert Michaud Rothman Taylor (MS) Duncan LaHood Reynolds Emerson Kline Renzi Millender- Roybal-Allard Thompson (CA) Ehlers Lantos Rogers (AL) English (PA) Knollenberg Reynolds McDonald Ruppersberger Thompson (MS) Emanuel Larson (CT) Rogers (KY) Everett Kolbe Rogers (AL) Miller (NC) Rush Tierney Emerson Latham Rogers (MI) Feeney Kuhl (NY) Rogers (KY) Miller, George Ryan (OH) Towns Engel LaTourette Rohrabacher Ferguson LaHood Rogers (MI) Mollohan Sabo Udall (CO) English (PA) Leach Ross Fitzpatrick (PA) Latham Rohrabacher Moore (KS) Salazar Udall (NM) Eshoo Levin Roybal-Allard Flake LaTourette Royce Moore (WI) Sa´ nchez, Linda Van Hollen Everett Lewis (CA) Royce Foley Leach Ryan (WI) Moran (VA) T. Vela´ zquez Feeney Lewis (KY) Ruppersberger Forbes Lewis (CA) Ryun (KS) Murtha Sanchez, Loretta Visclosky Ferguson Linder Ryan (WI) Fortenberry Lewis (KY) Saxton Nadler Sanders Wasserman Fitzpatrick (PA) LoBiondo Ryun (KS) Fossella Linder Schmidt Napolitano Schakowsky Schultz Flake Lowey Salazar Foxx LoBiondo Schwarz (MI) Neal (MA) Schiff Waters Foley Lucas Sa´ nchez, Linda Franks (AZ) Lucas Sensenbrenner Oberstar Schwartz (PA) Watt Forbes Lungren, Daniel T. Frelinghuysen Lungren, Daniel Shadegg Obey Scott (GA) Waxman Fortenberry E. Sanchez, Loretta Gallegly E. Shaw Olver Scott (VA) Weiner Fossella Lynch Saxton Garrett (NJ) Mack Sherwood Ortiz Serrano Wexler Foxx Mack Schiff Gerlach Manzullo Shimkus Owens Shays Woolsey Franks (AZ) Maloney Schmidt Gibbons Marchant Shuster Pallone Sherman Wu Frelinghuysen Manzullo Schwartz (PA) Gilchrest McCaul (TX) Simmons Pascrell Skelton Wynn Gallegly Marchant Schwarz (MI) Gillmor McCotter Simpson Garrett (NJ) Marshall NOT VOTING—12 Sensenbrenner Gingrey McCrery Smith (NJ) Gerlach Matheson Shaw Gohmert McHenry Smith (TX) Davis, Jo Ann Northup Sessions Gibbons Matsui Shays Goode McHugh Sodrel Evans Payne Slaughter Gilchrest McCarthy Sherman Goodlatte McKeon Souder Hinojosa Poe Tiahrt Gillmor McCaul (TX) Sherwood Granger McMorris Stearns McNulty Ros-Lehtinen Watson Gingrey McCotter Shimkus Graves Mica Sullivan Gohmert McCrery Shuster Green (WI) Miller (FL) Sweeney Gonzalez McGovern 1304 Simmons Gutknecht Miller (MI) Tancredo b Goode McHenry Simpson Hall Miller, Gary Taylor (NC) Goodlatte McHugh Ms. BERKLEY changed her vote from Skelton Harris Moran (KS) Terry Gordon McIntyre ‘‘yea’’ to ‘‘nay.’’ Smith (NJ) Hart Murphy Thomas Granger McKeon Smith (TX) Hastings (WA) Musgrave Thornberry Mr. BLUNT and Mr. LEWIS of Cali- Graves McMorris Smith (WA) Hayes Myrick Tiberi Green (WI) Mica fornia changed their vote from ‘‘nay’’ Snyder Hayworth Neugebauer Turner Gutknecht Millender- to ‘‘yea.’’ Sodrel Hefley Ney Upton Hall McDonald Souder Hensarling Norwood Walden (OR) So the previous question was ordered. Harman Miller (FL) Spratt Herger Nunes Walsh The result of the vote was announced Harris Miller (MI) Hobson Nussle Wamp Hart Miller, Gary Sullivan as above recorded. Sweeney Hoekstra Osborne Weldon (FL) Stated against: Hastings (WA) Mollohan Hostettler Otter Weldon (PA) Hayes Moore (KS) Tancredo Hulshof Oxley Weller Mr. HINOJOSA. Mr. Speaker, on rollcall No. Hayworth Moran (KS) Tanner Hunter Paul Westmoreland 364, had I been present, I would have voted Hefley Murphy Tauscher Taylor (NC) Hyde Pearce Whitfield ‘‘nay.’’ Hensarling Murtha Inglis (SC) Pence Wicker Herger Musgrave Terry Issa Peterson (PA) Wilson (NM) The SPEAKER pro tempore. The Higgins Myrick Thomas Istook Petri Wilson (SC) question is on the resolution. Hobson Napolitano Thornberry Jenkins Pickering Wolf The question was taken; and the Hoekstra Neal (MA) Tiberi Tierney Jindal Pitts Young (AK) Speaker pro tempore announced that Holden Neugebauer Johnson (CT) Platts Young (FL) Holt Ney Turner the ayes appeared to have it. Honda Norwood Udall (NM) NAYS—197 Mr. HASTINGS of Washington. Mr. Hooley Nunes Upton Speaker, on that I demand the yeas Hostettler Nussle Van Hollen Abercrombie Costello Hinchey Hulshof Obey Walden (OR) Ackerman Cramer Holden and nays. Hunter Osborne Walsh Allen Crowley Holt The yeas and nays were ordered. Hyde Otter Wamp Andrews Cuellar Honda Inglis (SC) Oxley Wasserman Baca Cummings Hooley The SPEAKER pro tempore. This will be a 5-minute vote. Inslee Paul Schultz Baird Davis (AL) Hoyer Issa Pearce Weldon (FL) Baldwin Davis (CA) Inslee The vote was taken by electronic de- Istook Pelosi Weldon (PA) Barrow Davis (FL) Israel vice, and there were—yeas 308, nays Jackson-Lee Pence Weller Bean Davis (IL) Jackson (IL) 113, not voting 11, as follows: (TX) Peterson (MN) Westmoreland Becerra Davis (TN) Jackson-Lee Jenkins Peterson (PA) Wexler Berkley DeFazio (TX) [Roll No. 365] Jindal Petri Whitfield Berman DeGette Jefferson YEAS—308 Johnson (CT) Pickering Wicker Berry Delahunt Johnson, E. B. Johnson (IL) Pitts Wilson (NM) Bishop (GA) DeLauro Jones (OH) Aderholt Boehner Cardoza Johnson, E. B. Platts Wilson (SC) Bishop (NY) Dicks Kanjorski Akin Bonilla Carnahan Johnson, Sam Poe Wolf Blumenauer Dingell Kaptur Alexander Bonner Carter Jones (NC) Pombo Wynn Boren Doggett Kennedy (RI) Allen Bono Case Kanjorski Pomeroy Young (AK) Boswell Doyle Kildee Baca Boozman Castle Keller Porter Young (FL) Boucher Edwards Kilpatrick (MI) Bachus Boren Chabot Boyd Emanuel Kind Baird Boswell Chandler NAYS—113 Brady (PA) Engel Kucinich Baker Boucher Chocola Brown (OH) Eshoo Langevin Barrett (SC) Boustany Cleaver Abercrombie Conyers Frank (MA) Brown, Corrine Etheridge Lantos Bartlett (MD) Boyd Coble Ackerman Cooper Green, Al Butterfield Farr Larsen (WA) Barton (TX) Bradley (NH) Cole (OK) Andrews Costello Green, Gene Capps Fattah Larson (CT) Bass Brady (TX) Conaway Baldwin Davis (AL) Grijalva Capuano Filner Lee Bean Brown (SC) Costa Barrow Davis (IL) Gutierrez Cardin Ford Levin Beauprez Brown-Waite, Cramer Becerra DeFazio Hastings (FL) Cardoza Frank (MA) Lewis (GA) Berkley Ginny Crenshaw Berry DeGette Herseth Carnahan Gonzalez Lipinski Berman Burgess Crowley Blumenauer Delahunt Hinchey Carson Gordon Lofgren, Zoe Biggert Burton (IN) Cubin Brady (PA) Dingell Hinojosa Case Green, Al Lowey Bilbray Buyer Cuellar Brown (OH) Doggett Hoyer Chandler Green, Gene Lynch Bilirakis Calvert Culberson Brown, Corrine Doyle Israel Clay Grijalva Maloney Bishop (GA) Camp (MI) Cummings Butterfield Edwards Jackson (IL) Cleaver Gutierrez Markey Bishop (NY) Campbell (CA) Davis (CA) Capps Etheridge Jefferson Clyburn Harman Marshall Bishop (UT) Cannon Davis (FL) Capuano Farr Jones (OH) Conyers Hastings (FL) Matheson Blackburn Cantor Davis (KY) Carson Fattah Kaptur Cooper Herseth Matsui Blunt Capito Davis (TN) Clay Filner Kennedy (RI) Costa Higgins McCarthy Boehlert Cardin Davis, Tom Clyburn Ford Kildee

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.010 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5080 CONGRESSIONAL RECORD — HOUSE July 12, 2006 Kilpatrick (MI) Moran (VA) Serrano Gutierrez McCarthy Sanchez, Loretta Oxley Renzi Sodrel Kind Nadler Shadegg Gutknecht McCollum (MN) Sanders Paul Reynolds Souder Kucinich Oberstar Solis Harman McCotter Saxton Pearce Rogers (AL) Tancredo Langevin Olver Stark Hastings (FL) McDermott Schakowsky Pence Rogers (MI) Taylor (NC) Larsen (WA) Ortiz Stearns Herseth McGovern Schiff Peterson (PA) Rohrabacher Terry Lee Owens Strickland Higgins McHugh Schwartz (PA) Petri Royce Thomas Lewis (GA) Pallone Stupak Hinchey McIntyre Schwarz (MI) Pickering Ryan (WI) Thornberry Lipinski Pascrell Taylor (MS) Hinojosa McKinney Scott (GA) Pitts Ryun (KS) Tiberi Lofgren, Zoe Pastor Pombo Schmidt Turner Thompson (CA) Holden Meehan Scott (VA) Markey Price (NC) Holt Meek (FL) Porter Sensenbrenner Wamp Thompson (MS) Serrano McCollum (MN) Rahall Honda Meeks (NY) Price (GA) Shadegg Weldon (FL) Towns Shaw McDermott Rangel Hooley Melancon Putnam Shimkus Westmoreland Udall (CO) Shays McKinney Reyes Hoyer Michaud Radanovich Shuster Whitfield ´ Sherman Meehan Rothman Velazquez Inslee Millender- Rehberg Simpson Wicker Visclosky Sherwood Meek (FL) Rush Israel McDonald Simmons Reichert Smith (TX) Wilson (SC) Meeks (NY) Ryan (OH) Waters Jackson (IL) Miller (MI) Skelton Melancon Sabo Watt NOT VOTING—13 Jackson-Lee Miller (NC) Smith (NJ) Michaud Sanders Waxman (TX) Miller, George Carter Northup Slaughter Smith (WA) Miller (NC) Schakowsky Weiner Jefferson Mollohan Davis, Jo Ann Payne Tiahrt Snyder Miller, George Scott (GA) Woolsey Johnson (CT) Moore (KS) Evans Ros-Lehtinen Solis Watson Moore (WI) Scott (VA) Wu Johnson (IL) Moore (WI) Harris Rush Spratt Johnson, E. B. Moran (VA) McNulty Sessions Stark NOT VOTING—11 Jones (NC) Murphy Stearns Davis, Jo Ann Northup Slaughter Jones (OH) Murtha b 1321 Strickland Evans Payne Kanjorski Nadler Tiahrt Stupak Mr. GINGREY and Mr. WHITFIELD King (IA) Ros-Lehtinen Kaptur Napolitano Watson Sullivan changed their vote from ‘‘yea’’ to McNulty Sessions Kelly Neal (MA) Kennedy (RI) Ney Sweeney ‘‘nay.’’ Tanner b 1312 Kildee Nussle So the motion to instruct was agreed Kilpatrick (MI) Oberstar Tauscher Taylor (MS) to. So the resolution was agreed to. Kind Obey The result of the vote was announced The result of the vote was announced King (NY) Olver Thompson (CA) Kirk Ortiz Thompson (MS) as above recorded. as above recorded. Kucinich Owens Tierney A motion to reconsider was laid on A motion to reconsider was laid on Kuhl (NY) Pallone Towns the table. the table. LaHood Pascrell Udall (CO) The SPEAKER pro tempore (Mr. Langevin Pastor Udall (NM) SIMPSON). Without objection, the Chair f Lantos Pelosi Upton Larsen (WA) Peterson (MN) Van Hollen appoints the following conferees: APPOINTMENT OF CONFEREES ON Larson (CT) Platts Vela´ zquez Messrs. MCKEON, CASTLE, SOUDER, Visclosky S. 250, VOCATIONAL AND TECH- Latham Poe OSBORNE, Mrs. MUSGRAVE, Mr. GEORGE LaTourette Pomeroy Walden (OR) NICAL EDUCATION FOR THE FU- Leach Price (NC) Walsh MILLER of California, Ms. WOOLSEY, TURE ACT Lee Pryce (OH) Wasserman and Mr. KIND. Levin Rahall Schultz There was no objection. MOTION TO INSTRUCT OFFERED BY MR. GEORGE Lewis (GA) Ramstad Waters MILLER OF CALIFORNIA Lewis (KY) Rangel Watt f THE SPEAKER pro tempore. The Lipinski Regula Waxman GENERAL LEAVE LoBiondo Reyes Weiner pending business is the vote on the mo- Lofgren, Zoe Rogers (KY) Weldon (PA) Mr. OXLEY. Mr. Speaker, I ask unan- tion to instruct on S. 250 offered by the Lowey Ross Weller imous consent that all Members may gentleman from California (Mr. Lungren, Daniel Rothman Wexler have 5 legislative days to revise and ex- E. Roybal-Allard Wilson (NM) GEORGE MILLER) on which the yeas and Lynch Ruppersberger Wolf tend their remarks and include extra- nays are ordered. Maloney Ryan (OH) Woolsey neous matter on H.R. 2990, the Credit The Clerk will redesignate the mo- Markey Sabo Wu Rating Agency Duopoly Relief Act of tion. Marshall Salazar Wynn Matheson Sa´ nchez, Linda Young (AK) 2006. The Clerk redesignated the motion. Matsui T. Young (FL) The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The objection to the request of the gen- question is on the motion to instruct. NAYS—159 tleman from Ohio? This will be a 5-minute vote. Aderholt Davis, Tom Hulshof There was no objection. The vote was taken by electronic de- Akin Deal (GA) Hunter f vice, and there were—yeas 260, nays Bachus Diaz-Balart, L. Hyde Baker Diaz-Balart, M. Inglis (SC) CREDIT RATING AGENCY DUOPOLY 159, not voting 13, as follows: Barrett (SC) Doolittle Issa RELIEF ACT OF 2006 [Roll No. 366] Bartlett (MD) Drake Istook Barton (TX) Dreier Jenkins The SPEAKER pro tempore. Pursu- YEAS—260 Bass Duncan Jindal ant to House Resolution 906 and rule Abercrombie Capito DeLauro Beauprez Ehlers Johnson, Sam XVIII, the Chair declares the House in Ackerman Capps Dent Biggert Everett Keller Alexander Capuano Dicks Bilbray Feeney Kennedy (MN) the Committee of the Whole House on Allen Cardin Dingell Bishop (UT) Flake King (IA) the State of the Union for the consider- Andrews Cardoza Doggett Blackburn Fortenberry Kingston ation of the bill, H.R. 2990. Baca Carnahan Doyle Blunt Fossella Kline Baird Carson Edwards Boehner Foxx Knollenberg b 1323 Baldwin Case Emanuel Bonilla Franks (AZ) Kolbe Barrow Castle Emerson Bonner Frelinghuysen Lewis (CA) IN THE COMMITTEE OF THE WHOLE Bean Chandler Engel Bono Gallegly Linder Accordingly, the House resolved Becerra Clay English (PA) Boustany Garrett (NJ) Lucas itself into the Committee of the Whole Berkley Cleaver Eshoo Bradley (NH) Gillmor Mack House on the State of the Union for the Berman Clyburn Etheridge Brady (TX) Gingrey Manzullo Berry Conyers Farr Brown (SC) Gohmert Marchant consideration of the bill (H.R. 2990) to Bilirakis Cooper Fattah Burgess Goode McCaul (TX) improve ratings quality by fostering Bishop (GA) Costa Ferguson Burton (IN) Goodlatte McCrery competition, transparency, and ac- Bishop (NY) Costello Filner Buyer Granger McHenry Blumenauer Cramer Fitzpatrick (PA) Calvert Graves McKeon countability in the credit rating agen- Boehlert Crowley Foley Camp (MI) Green (WI) McMorris cy industry, with Mr. BOOZMAN in the Boozman Cuellar Forbes Campbell (CA) Hall Mica chair. Boren Cummings Ford Cannon Hart Miller (FL) The Clerk read the title of the bill. Boswell Davis (AL) Frank (MA) Cantor Hastings (WA) Miller, Gary The CHAIRMAN. Pursuant to the Boucher Davis (CA) Gerlach Chabot Hayes Moran (KS) Boyd Davis (FL) Gibbons Chocola Hayworth Musgrave rule, the bill is considered read the Brady (PA) Davis (IL) Gilchrest Coble Hefley Myrick first time. Brown (OH) Davis (KY) Gonzalez Cole (OK) Hensarling Neugebauer The gentleman from Ohio (Mr. Brown, Corrine Davis (TN) Gordon Conaway Herger Norwood OXLEY) and the gentleman from Penn- Brown-Waite, DeFazio Green, Al Crenshaw Hobson Nunes Ginny DeGette Green, Gene Cubin Hoekstra Osborne sylvania (Mr. KANJORSKI) each will Butterfield Delahunt Grijalva Culberson Hostettler Otter control 30 minutes.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.009 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5081 The Chair recognizes the gentleman riers to entry leading to a lack of com- To insulate the rating agencies from from Ohio. petition, conflicts of interest, poor overreaching legislation, H.R. 2990 af- Mr. OXLEY. Mr. Chairman, I yield transparency of agencies’ rating meth- firms that the Federal Government myself such time as I may consume. odologies, and a lack of accountability. may not intrude into rating agencies’ Mr. Chairman, in response to the Mr. FITZPATRICK’s bill is the product of methodologies or the ratings process. largest corporate scandals in U.S. his- this comprehensive examination. Finally, I have concerns about the tory, Congress passed the Sarbanes- In his testimony of this past May be- conflicts of interest which plague this Oxley Act strengthening the role of fore the Committee on Financial Serv- industry. Ratings firms have expanded gatekeepers such as auditors, boards of ices, our former colleague, SEC Chair- into new areas which, many com- directors, audit committees, and eq- man Cox, expressed support for the mentators have suggested, further uity analysts. We now turn our atten- goals of H.R. 2990, and requested en- compromise their objectivity. tion to another gatekeeper, the credit hanced authority in this area. In a b 1330 rating agency, and Congressman June 2006 letter to Ranking Member FITZPATRICK’s H.R. 2990, the Credit KANJORSKI, Mr. Cox stated, ‘‘You also In addition, it has been alleged that Rating Agency Duopoly Relief Act. asked whether the quality of credit leading rating agencies engage in cer- Credit ratings serve a vital function ratings concerns me. My answer is tain abusive practices to the detriment in our capital market system, pro- most assuredly yes. In fact, trans- of smaller market players. H.R. 2990 re- viding investors with an understanding parency, competition, and greater quires disclosure of conflicts of inter- of the creditworthiness of corporations oversight, the principles I mentioned est and prohibits such anti-competitive and municipalities with respect to debt during my testimony before the House practices. and other securities. As evidenced by Financial Services Committee on May The many hours that the Committee the failures in the rating of Enron and 3, 2006, are, in my view, important on Financial Services and Mr. WorldCom, who were given investment means to achieve the end of ensuring FITZPATRICK have spent on this issue grade ratings by Moody’s and Standard the high quality of credit ratings.’’ The have shown the problems cited by the & Poor’s just days before declaring principles cited by Mr. Cox are the very SEC report are best rectified through a bankruptcy, the credit rating industry principles of Mr. FITZPATRICK’s legisla- system of voluntary registration open is in drastic need of increased competition before us. to all eligible rating agencies. This will tion and improved transparency. In addition, SEC Commissioners Paul eliminate barriers to entry, promote Currently, the SEC designates rat- Atkins and Cynthia Glassman have ex- competition, and do so using the least ings agencies as nationally recognized pressed their disapproval with the cur- restrictive means of regulation. statistical ratings organizations, or rent designation system, and Mr. At- I urge all Members to support this NRSROs, through an opaque process kins has expressed support for a reg- important bill. that provides applicants little guidance istration approach like the one em- Mr. Chairman, I reserve the balance on the substance and procedure by bodied in this bill. SEC Commissioner of my time. which they will be evaluated. Cur- Roel Campos has also expressed a need Mr. KANJORSKI. Mr. Chairman, I rently, only five rating agencies are for legislation that deals with con- yield myself such time as I may con- designated as NRSROs by the SEC. Un- flicts, increased transparency, and pro- sume. derstandably, many more aspire to at- vides for SEC examination. Mr. Chairman, our capital markets tain that designation, as NRSRO status Mr. FITZPATRICK’s bill follows the rely on the independent assessment of confers a significant competitive ad- regulatory regimes applied to broker- financial strength provided by credit vantage. However, new applications dealers and investment advisors. In raters. The bill before us, however, often languish for years without an up doing so, it rejects regulation con- would decrease the quality of credit or down vote on admission into this trolled by the SEC in favor of the mar- ratings because it would dramatically elite club. In fact, the Department of ket-based approach that has driven our alter the way in which government Justice commented upon the SEC des- securities laws since the 1930s. identifies entities to issue the credit ignation process in 1998, calling it a H.R. 2990 removes the SEC’s designa- ratings used for essential regulatory ‘‘nearly insurmountable barrier to tion process, and in its place gives rat- purposes. I therefore oppose H.R. 2990. entry.’’ ing agencies who have issued ratings In the 1970s, the Securities and Ex- The SEC’s opaque designation proc- for 3 years the option of registering as change Commission created nationally ess has created an artificial govern- NRSROs. A voluntary registration sys- recognized statistical rating organiza- ment-sponsored barrier to entry that tem will level the playing field for all tions. It is not a very sexy term and has stifled competition and helped the rating agencies and inject much needed not well understood, but those are the two top rating agencies, Moody’s and competition into this industry. As we little fellows that are called in to Standard & Poor’s, garner some 80 per- have seen time and time again in other evaluate bonds and all types of instru- cent of the market share. Without true markets, true competition begets lower ments of debt and other materials that competition of this industry, fees have prices and better performance. When are sold throughout our financial sys- skyrocketed and ratings quality has dealing with investor protection, it is tem to pension funds and all others. deteriorated. To put it mildly, this is all the more critical to ensure that They created these organizations in a not a transparent and efficient mark healthy competition exists, yielding rulemaking on the capital levels that with robust competition. more accurate and reliable ratings. brokers and dealers must hold. Since Wanting to understand an industry In addition, H.R. 2990 promotes trans- then, the term, with its inference to with such a significant impact on the parency and empowers investors by re- quality, credible, and reliable ratings markets, Congress directed the SEC to quiring registrants to disclose the has become embedded in numerous examine credit rating agencies as part methodologies by which they generate Federal, State, and local statutes, of the Sarbanes-Oxley Act. Since the ratings. It requires rating agencies to rules, and regulations. release of the SEC’s report on rating provide short, medium, and long-term Many private parties have also in- agencies in January 2003, the Com- performance statistics, and to make all cluded references to ‘‘nationally recog- mittee on Financial Services and its information and documents submitted nized’’ agencies in the terms of their Subcommittee on Capital Markets, In- to the SEC publicly available. This will contracts, corporate bylaws, and pen- surance and Government-Sponsored give the market a clearer under- sion trust agreements. Foreign govern- Enterprises through its chairman, standing of the agencies that are rat- ments and international bodies have RICHARD BAKER, have held five hearing debt. The bill also requires that used the concept in their accords and ings on this subject, two of those hear- rating agencies maintain a chief com- codes, too. In considering any bill to ings focused on H.R. 2990. Witnesses pliance officer to oversee compliance modify the process for identifying ‘‘na- from the SEC, industry, academia, with the securities laws and protects tionally recognized’’ agencies, we think tanks, and the rating agencies market stability, providing that the must, therefore, keep in mind the need themselves echoed the problem areas voluntary regime will not go into ef- to maintain high quality ratings. It is highlighted by the SEC; namely, bar- fect until January 2008. this credible and reliable standard on

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.049 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5082 CONGRESSIONAL RECORD — HOUSE July 12, 2006 which investors rely. We should not This bill’s failure to ensure that such This is not kid’s play. This is not a lightly abandon this standard. ratings continue to be credible and re- bean bag. This is very serious rating Critics of the present designation liable could one day create another re- information that investors across the system have raised legitimate concerns grettable situation whereby the tax- country, indeed across the world rely about competition. I agree with the payers need to finance a bailout of the upon. Quality is clearly as important supporters of H.R. 2990 that increasing deposit insurance funds. Moreover, this as quantity. We can have both. Just competition in the credit ratings used legislation threatens the strength of taking a greater consideration and for regulatory purposes is a desirable the Securities Investors Protection using the expertise and availability of goal. I further agree that the current Corporation, which protects investors the Securities and Exchange Commis- designation process should be im- against fraud. sion may do us well. proved. Less than 4 years ago, Congress wise- Mr. Chairman, I reserve the balance To achieve its objectives of greater ly adopted the standards in the Sar- of my time. competition, however, H.R. 2990 seeks banes-Oxley Act to strengthen finan- Mr. OXLEY. Mr. Chairman, I am now to make statutory changes that will cial reporting, restore investor con- pleased to yield 2 minutes to the gen- come at a dangerous cost. The bill, fidence, and assure the integrity of our tleman from Georgia (Mr. PRICE), a val- through its voluntary registration re- capital markets. In an effort to pro- uable member of the committee. gime, will increase the number of ‘‘na- mote competition, however, H.R. 2990 (Mr. PRICE of Georgia asked and was tionally recognized’’ agencies without would weaken the quality of our rat- given permission to revise and extend providing sufficient authority to assure ings, thereby damaging investor con- his remarks.) the issue ratings are credible and reli- fidence and the integrity of our mar- Mr. PRICE of Georgia. Mr. Chairman, able. We must achieve equilibrium in kets going forward. It is, in other I want to thank the chairman and the these matters by balancing the desire words, a step backwards. subcommittee chairman for their lead- to increase the quantity of approved In sum, Mr. Chairman, I find such de- ership on this issue, and I want to credit raters with the need to ensure velopments are highly regrettable thank Mr. FITZPATRICK, the gentleman that their ratings are of a consistently today and I urge my colleagues to re- from Pennsylvania. I appreciate his high quality. ject H.R. 2990. leadership on this and on so many In response to the chairman of our The minimum standard set forth in other issues. The citizens of Pennsyl- committee’s quoting from a letter ad- H.R. 2990 that allows any credit rater vania are truly fortunate to have you dressed to me by Chairman Cox, our to obtain the ‘‘nationally recognized’’ fighting for them, and I am honored to former colleague, he failed to read the designation after 3 years of experience call you a colleague and a friend. second paragraph of Mr. Cox’s letter, are akin to granting a driver’s license Mr. Chairman, this bill, H.R. 2990, ad- under part B. He properly read the first to anyone who meets a 3-year resi- dresses credit ratings, or judging the fi- phase, and I won’t repeat that, but Mr. dency requirement. We know, however, nancial worthiness of companies. Cred- Cox said, ‘‘In the weeks and months to keep our roads safe, every potential it ratings play a real and significant ahead, the commission,’’ speaking of driver must pass one or more quality role in our economy. Investors rely on the Securities and Exchange Commis- assurance tests administered by a third these ratings to determine risks of de- party before getting a license. Why sion, ‘‘and its staff will continue to fault of companies, both large and should we hold those rating agencies consider potential ways by which we small, as well as governmental enti- that serve as gatekeepers to our cap- can help facilitate the issuance of high ties. Currently, these ratings are often ital markets to a lower oversight quality ratings using our existing regu- the determining factor as to whether standard? latory authority, including the adop- Investor advocates have also con- tion of an existing rulemaking proposal companies and, hence jobs, will expand, cluded that quality should be an impor- in some form or other approaches,’’ or whether local governments are able tant factor in identifying ‘‘nationally thus indicating that the SEC has not to finance major municipal improve- recognized’’ agencies. The AFL–CIO, had the opportunity to fully address ment projects. for example, has noted that replacing this problem. Presently, competition is severely the concept of approved raters, ‘‘with a The SEC has not been called to tes- lacking among credit rating agencies, mere registration process without sub- tify before the committee on the con- as there are only five companies des- stantive oversight will be harmful to sideration of this bill, and the fact is ignated by the SEC. The current proc- investors,’’ and ‘‘ultimately to the that of the five hearings held by this ess fails to provide a reasonably clear functioning of our credit markets.’’ committee, at least four of the five oc- path for potential new rating agencies. In a recent letter, the Consumer Fed- curred without the concept of the piece H.R. 2990 solves this problem by estab- eration of America has additionally ob- of legislation we are considering today. lishing an unambiguous registration served that the central provision of I sympathize with the makers of this. process with appropriate oversight to H.R. 2990 is ‘‘fatally flawed.’’ In com- I know they want to do the right thing. ensure integrity and reliability in the petitive markets, ‘‘some credit rating But speed to get a bill passed, to create rating process. agencies will invariably compete based an on-demand registration of a new en- In addition to facilitating competi- on the leniency of their ratings meth- tity that is so critical to trillions of tion, the legislation would provide odology. That is not good for investors dollars of instruments of debt should critically important information cur- or for the integrity and efficiency of not pass this House without realizing rently not available to investors. The the markets.’’ the potential consequences, and they bill would require disclosure of ratings Moreover, H.R. 2990 could allow his- are great. processes so investors can better evalu- tory to repeat itself. In the wake of the I concede rating agencies that exist ate the quality of the ratings them- savings and loan crisis, we required today have made mistakes in Enron selves. Further, rating organizations that the debt securities held in port- and WorldCom, but I recall, and I guess would be required to publicly disclose folios by financial institutions must be I have served on the committee a little their policies relating to conflicts of of investment grade as determined by a longer than most, but Mr. OXLEY was interest and their organizational struc- ‘‘nationally recognized’’ agency. certainly in the Congress, not on the ture. Finally, they would be held ac- I may point out, in response to my committee at the time, but during the countable for ratings they issue if they colleague, the chairman of my sub- S&L disaster, I recall a very famous don’t follow their disclosed policies. committee, Mr. BAKER, he seemed to American, who is an economist and Mr. Chairman, these are all ex- indicate that the cause of the S&L dis- served in very high appointive office in tremely important advances and im- aster was that the rating agencies the Federal Reserve, testifying before provements for our entire economy, made mistakes. Quite to the contrary. our committee that he had evaluated, and I urge adoption of H.R. 2990. The disaster was that the rating agen- for a professional fee, 20 entities, S&Ls, Mr. KANJORSKI. Mr. Chairman, I cies were not used to determine invest- and had found them to be sound. Many yield 4 minutes to the gentlewoman ment grade instruments held in their of them failed within 4 months of his from New York (Mrs. MALONEY). portfolios, and that only occurred after evaluation. Actually, 19 of the 20 he Mrs. MALONEY. Mr. Chairman, I the S&L disaster. evaluated failed. thank the gentleman for yielding and

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.052 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5083 for his leadership, and I rise in opposi- change and the effect it will have on of the subcommittee for his leadership tion of the underlying bill, H.R. 2990, the quality of our rating agencies. on this. The goals here do not divide and in support of the Kanjorski sub- So I urge my colleagues to oppose us; the methods do. Maybe it is a little stitute. H.R. 2990 and to support the Kanjorski bit of a role reversal, but I think, as I believe that all of us in this body amendment. the gentleman from Pennsylvania has support the promotion of healthy com- Mr. OXLEY. Mr. Chairman, I yield 2 made clear, we believe that the SEC petition and improved transparency minutes to the gentlewoman from ought to be relied on more fully here. and accountability and independence Pennsylvania (Ms. HART). I understand the SEC supports the in the rating agency industry. I cer- Ms. HART. Mr. Chairman, I thank goals of this. We support the goals of tainly am concerned about the trans- the gentleman for yielding me this this. The critical question is the imple- parency and accountability of the in- time. mentation. We think this prematurely dustry. However, I believe that this I had been a member of the Financial takes some decision-making that we particular bill will do more harm than Services Committee, the gentleman’s ought to await for SEC input. We are good. committee, and have worked on a num- talking about a very tough decision to While the bill has been somewhat im- ber of different issues with him. I re- make here. It is a lot of power to give proved through various manager’s spect the work he has done on this an entity to be a rating agency. amendments, I still have serious con- issue, and also the sponsor, Mr. People have alluded to the great cerns regarding the bill that is before FITZPATRICK’s work, and I rise in sup- power the two existing ones have. It is us. The bill contains a free-for-all in port of the bill. important that we have complete as- the ratings market without the usual The Credit Rating Agency Duopoly surance for ourselves that the process market protections against abuse. For Relief Act will provide more trans- we put in place for new rating agencies example, the bill allows almost anyone parency. For far too long only two rat- be very thoroughly checked out and to register as a rating agency and issue ing agencies have had 80 percent of the very much prevented against abuse. ratings, but insulates rating agencies market share. That is because they Competition is a good thing, but not from lawsuits. have an advantage under the current competition that could be a race to the The fact that the bill does not pro- system. This bill will bring more com- bottom; and we regard SEC as an im- vide adequate rating quality assurance petition and innovation into the credit portant part of this. That is why the substitute that my is of grave concern to me for safety and rating agencies. This is extremely im- friend from Pennsylvania has holds off soundness. Taking away the SEC’s seal portant. In the markets of today where on making some of these decisions, we of approval for rating agencies will we have had questions about the verac- believe, too hastily, and instead more cause investors to possibly lose con- ity of reported information, we need deeply involves us with the SEC. We fidence in the markets because they more competition among agencies and are not talking about waiting 5 or 10 are rightly concerned about ratings more transparency. years, but it seems imprudent to go shopping or simply inaccurate ratings. While there are 130 credit rating forward without waiting for a full de- We spent the last several years work- agencies in the financial markets, only five are designated as nationally recog- liberation from the SEC. ing to overcome the crisis in investor There are other companies eager to nized statistical rating organizations. confidence caused by corporate govern- get into the business, but the fact that Blocking competition in the market- ance scandals, and this is absolutely other companies are eager to get into place and stifling innovation is never a not the time for taking risks in this the business should not be driving us good thing. Our laws should encourage area. any more than the reluctance of the open competition and a fair market- existing companies to have new people b 1345 place. in the business. Both sets of consider- Mr. Chairman, I also have procedural The basic principles of competition ations should not be driving us, neither concerns regarding how this bill was and fairness make our marketplace dy- to protect the existing businesses nor advanced through the committee on namic, and credit rating agencies which I serve. As you know, the SEC to enable the new ones. should not be immune to these prin- What we ought to be doing is focus- was not asked to participate in either ciples. By blocking entry to the mar- ing on the public policy process for de- of the two hearings that this com- ket, mistakes have been made. The ciding who gets to do this, and we do mittee held on this legislation. And current certified agencies listed Enron not believe we are yet at the point given the role that the SEC plays now as a safe investment and WorldCom as where we can do that in the ideal fash- in effectively overseeing rating agen- investment grade quality right before ion, and we will be better off if we wait cies and the role it will play in admin- they filed for bankruptcy. for the SEC to give us its guidance. istering this legislation, I think we As a former member of the Financial Mr. OXLEY. Mr. Chairman, I yield 8 should receive testimony from them Services Committee, I have worked minutes to the author of the legisla- before taking legislative action. closely on these issues surrounding tion, the gentleman from Pennsylvania This is a very complicated issue that both Enron and WorldCom after the (Mr. FITZPATRICK). could have a tremendous effect on the collapse, and I am pleased we are tak- Mr. FITZPATRICK of Pennsylvania. capital markets both here and abroad. ing this commonsense approach to Mr. Chairman, I thank Chairman I note that other international regu- strengthen our markets and provide OXLEY and subcommittee Chairman lators have recently taken a very dif- consumers with more choice, more BAKER for their considerable leadership ferent approach than the one advocated transparency and more responsible in- on this issue. by this bill. formation. There have been no less than five While I am not prepared today to say Specifically, this bill will open the hearings over the last two terms of which approach is better, I think it credit rating agency market by ensur- Congress, dozens of witnesses and ap- would be prudent for us to learn more ing that more agencies will be able to proaching 1,000 pages of transcribed from the SEC and other international get this national rating, ending the testimony, all pointing to the unavoid- regulators on credit rating agencies, current requirement to specific busi- able conclusion, which is that it is and to determine whether we want to ness models. Encouraging competition vital that Congress bring competition, move towards greater international and transparency in this industry will transparency and accountability to the harmonization of standards, as opposed improve quality, and that is always credit rating industry in this Nation. to going forward with this new change. better for the market. Mr. Chairman, credit rating agencies Simply put, before rushing to judg- Mr. KANJORSKI. Mr. Chairman, I have been issuing ratings on the likeli- ment, we need to better understand all yield such time as he may consume to hood of an issuer’s default on debt pay- of the impacts that could result from the gentleman from Massachusetts ments since the early 20th century. our actions here today. Rushing this (Mr. FRANK), the ranking member of Today, credit rating agencies rate com- bill to the floor is not the way to reach the Committee on Financial Services. panies, countries and bonds. Despite sound public policy. We need to under- Mr. FRANK of Massachusetts. Mr. being often underestimated and over- stand all of the consequences of this Chairman, I thank the ranking member looked, their power is immense. Credit

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.053 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5084 CONGRESSIONAL RECORD — HOUSE July 12, 2006 rating agencies have a great impact on These excessive profits are govern- broad—including companies who produce the bottom line of companies, munici- ment-granted to those two NRSROs by ratings not used for regulatory purposes. The palities and school districts. The better virtue of the special status granted to changes included in the new legislation will help foster competition in the industry. the credit rating, the lower the inter- them by the government. As a result of Again, I commend your leadership on this est rate that the borrower must pay. this lack of competition, the quality of important issue. We support H.R. 2990 and This expansive influence finally came ratings has decreased, prices are in- look forward to speedy action on the bill in into question because of the recent cor- flated, innovation has been stifled, and the House. porate scandals and the fact that the anticompetitive industry practices Sincerely, two largest NRSROs, Standard & have been allowed in conflicts of inter- JOHN R. VOGT, Poor’s and Moody’s, rated Enron and est, like tying, notching and unsolic- Executive Vice President. WorldCom at investment grade just ited ratings, have gone unchecked. ASSOCIATION FOR FINANCIAL prior to their bankruptcy filings. Es- Mr. Chairman, in the wake of the PROFESSIONALS, sentially, they told the market that seminal failure by S&P and Moody’s in Bethesda, MD, July 10, 2006. Enron and WorldCom were safe invest- the WorldCom and Enron scandals, we Hon. J. DENNIS HASTERT, ments, even though their problems must ensure integrity in the credit rat- Speaker, House of Representatives, were very apparent in the marketplace. ing process. H.R. 2990 would inject Washington, DC. As a result, reforming the rating agen- greater competition, transparency and Hon. NANCY PELOSI, cy industry has been the subject of accountability in the credit rating in- Minority Leader, House of Representatives, much debate in the House Committee dustry. As a result, prices and anti- Washington, DC. DEAR MR. SPEAKER AND MADAM LEADER: On on Financial Services. competitive practices will be reduced, behalf of the 15,000 members of the Associa- S&P’s and Moody’s monitoring and credit rating quality will improve, and tion for Financial Professionals (AFP), I reviewing of Enron and WorldCom fell firms will be forced to innovate. urge the House to approve the ‘‘Credit Rat- far below the careful efforts one would This view is shared by the Bond Mar- ing Agency Duopoly Relief Act’’ (H.R. 2990) have expected from organizations ket Association, the Association for Fi- that the House Financial Services Com- whose ratings hold so much impor- nancial Professionals, the Financial mittee recently approved by voice vote. tance. And Enron and WorldCom were Credit rating agencies and investor con- Executives International, Investment fidence in the ratings they issue are vital to not their only problems. But what are Company Institute, and The Financial the efficient operation of global capital mar- the other options that are out there? Services Roundtable, and I will submit kets. AFP’s research has consistently shown There are 130 credit rating agencies their letters of support for the RECORD. that confidence in rating agencies and their in the financial market; however, only Mr. Chairman, there is a lot of talk ratings is low and has continued to diminish five are rated and designated as in this town about reform and trans- over the past few years. NRSROs by the SEC. This label is the parency and managing conflicts of in- One of the root problems with this market root of the problem. The SEC coined terest. This bill, I would submit, meets is the U.S. Securities and Exchange Commis- the term NRSRO without defining it in sion’s Nationally Recognized Statistical Rat- each of those challenges, and I would ing Organization (NRSRO) designation, its 1975 rule on net capital require- like to leave you with a quote right which has erected an artificial barrier to ments when it obligated broker-dealers from the horse’s mouth. competition. This barrier has led to a con- to hold more capital for those bonds The SEC stated: ‘‘The greater com- centration of market power among the rec- rated junk by a NRSRO. Since then, petition in the market for credit rat- ognized rating agencies and has removed the other regulators in the private invest- ings and analysis could provide for incentives for needed innovation in the glob- ment community have taken up the more credible and reliable ratings, and al credit ratings market. The ‘‘Credit Rating term, but also without defining it. As a greater competition could also stimu- Agency Duopoly Relief Act’’ (H.R. 2990), result, credit ratings matter only if would eliminate this regulatory barrier by late innovation in the technology and reforming the process that the SEC uses to they are issued by an NRSRO. methods of analysis for issuing credit designate Nationally Recognized Statistical The commission still has never de- ratings, which could further lower bar- Rating Organizations. H.R. 2990 establishes a fined the term, and it has been over 30 riers to entry.’’ new registration process setting a clear path years. It is more than naive to assume I submit H.R. 2990 would do just that. to NRSRO designation. In addition, the leg- that the SEC will actually define it I strongly urge a ‘‘yes’’ vote on H.R. islation would provide prudent oversight to now. Their track record is not encour- 2990 to ensure integrity in the credit ensure that registered credit rating agencies aging. rating industry. continue to issue credible and reliable rat- To receive the illusive distinction, ings. THE BOND MARKET ASSOCIATION, companies must be nationally recog- As approved by the House Financial Serv- July 10, 2006. ices Committee, H.R. 2990 will foster com- nized. This artificial barrier to entry Hon. MICHAEL FITZPATRICK, petition in the global credit ratings market. has created a chicken-and-the-egg situ- House of Representatives, This competition will stimulate innovation ation for non-NRSRO credit rating Washington, DC. and improve the quality of information agencies trying to enter this industry. DEAR REPRESENTATIVE FITZPATRICK: I ap- available to investors and, as a result, re- As a result of the artificial barrier to plaud your efforts on legislation to reform store confidence in the credit ratings mar- entry, there are only five NRSROs. the credit rating agency industry. The sig- ket. nificant growth in the global capital mar- Reputable credit rating firms have Thank you for your support on this impor- kets in recent years has increased the important issue. been unable to receive this distinction tance of credit quality analysis. Boosting Sincerely, after trying for as long as a decade. competition among credit rating agencies, as JIM KAITZ, Firms like Egan Jones in my home your legislation, the Credit Rating Agency President and CEO. State of Pennsylvania receive no expla- Duopoly Relief Act (H.R. 2990), seeks to do, nation from the SEC because no proc- assures this critical industry will remain ro- INVESTMENT COMPANY INSTITUTE, ess actually exists. bust and innovative. Washington, DC, July 10, 2006. This SEC-imposed barrier to entry I appreciate that the version of H.R. 2990 Hon. J. DENNIS HASTERT, has consolidated the industry, thus fos- approved last month by the House Financial Speaker, House of Representatives, Services Committee addresses concerns of tering a duopoly. Moody’s and S&P Washington, DC. Association members with an earlier version Hon. NANCY PELOSI, enjoy over 80 percent of the market of the legislation. Specifically, the bill would Minority Leader, House of Representatives, share and rate 99 percent of the debt in no longer compel registration of a credit rat- Washington, DC. the market. As a result, Moody’s and ing agency with the Securities and Exchange DEAR MR. SPEAKER AND MADAM LEADER: S&P are raking in record fees. Since Commission. The amended version of H.R. The Investment Company Institute urges the 2000, Moody’s and S&P have earned av- 2990 also expands the definition of credit rat- House to approve H.R. 2990, the ‘‘Credit Rat- erage annual returns on assets of 37 ing agency to include any person in the busi- ing Agency Duopoly Relief Act of 2005,’’ leg- and 39 percent respectively over a 6- ness of issuing credit ratings on the Internet islation introduced by Rep. Michael or other readily accessible means for free or Fitzpatrick (R–PA) and reported by the Fi- year period. This compares to the aver- for a reasonable fee. Association members nancial Services Committee. The legislation age return on assets over the same pe- viewed the previous legislation as both too will benefit investors and the securities mar- riod earned by U.S. manufacturing narrow—deeming a rating public only if it kets by paving the way for increased com- firms of less than 5 percent per year. was disseminated on the Internet—and too petition in the credit ratings industry.

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.055 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5085 The SEC’s current ‘‘Nationally Recognized at least three consecutive years and be reg- vestors can better evaluate the quality of Statistical Rating Organization’’ (NRSRO) istered under section 15E of the Securities ratings. Additionally, NRSROs would be redesignation process stifles competition and Exchange Act of 1934. quired to publicly disclose their policies represents barriers for new entrants to com- This legislation would require increased lating to conflicts of interest and their orga- pete with currently designated NRSROs. disclosure of the ratings process, thus ena- nizational structure. Finally, NRSROs would H.R. 2990 establishes a registration process bling the investor to make better informed be held accountable for ratings they issue in through which additional rating agencies be- decisions. contravention to their disclosed policies. come NRSROs, while simultaneously grant- Many NRSROs have a conflict of interest We thank the Financial Services Com- ing the Commission appropriate authority to concerning the independence and quality of mittee for its work on NRSRO reform over ensure the integrity and quality of credit their ratings. H.R. 2990 resolves this issue by the past two Congresses. H.R. 2990 signifi- ratings. The bill also brings much needed requiring companies to publicly disclose any cantly reforms the credit ratings industry by sunlight to credit ratings by requiring dis- conflicts of interest relating to the issuance increasing competition, providing appro- closure of an NRSRO’s rating criteria, its of credit ratings. priate SEC oversight, enhancing trans- methodologies and policies, how an NRSRO The Financial Services Roundtable rep- parency, and heightening accountability—re- addresses conflicts of interest (as well as the resents 100 of the largest integrated financial forms that will greatly benefit investors and conflicts themselves), and the organizational services companies providing banking, insur- securities markets as a whole. Accordingly, structure of an NRSRO. ance, and investment products and services we urge Members to support this much-need- The Institute and its members have a long- to the American consumer. Member compa- ed legislation and vote aye on final passage. standing interest in credit ratings. Mutual nies participate through the Chief Executive Respectfully, funds employ credit ratings in a variety of Officer and other senior executives nomi- Association for Financial Professionals. ways—to help make investment decisions, to nated by the CEO. Roundtable member com- Investment Company Institute. define investment strategies, to commu- panies provide fuel for America’s economic The Financial Services Roundtable. nicate with their shareholders about credit engine, accounting directly for $50.5 trillion Mr. KANJORSKI. Mr. Chairman, I re- in managed assets, $1.1 trillion in revenue, risk, and to inform the process for valuing serve the balance of my time. securities. Most significantly for Institute and 2.4 million jobs. members is the role of credit ratings in the In conclusion, we urge all members to vote Mr. OXLEY. Mr. Chairman, I yield 3 operation of money market mutual funds, for final passage of H.R. 2990, ‘‘the Credit minutes to the gentleman from Lou- which currently have some $2.1 trillon in as- Rating Agency Duopoly Relief Act of 2006.’’ isiana (Mr. BAKER), the chairman of sets. Money market funds are governed by If you or your staff have any questions or the Capital Markets Subcommittee. Rule 2a–7 under the Investment Company would like to discuss these issues further, Mr. BAKER. Mr. Chairman, I thank Act, which limits these funds to investing in please call me or Irving Daniels at 202–289– the gentleman for yielding and wish to securities either rated in the two highest 4322. Best regards, compliment him for his leadership in short-term rating categories by an NRSRO, this matter, as well as that of Mr. or determined by the fund board to be of STEVE BARTLETT, comparable quality. President and CEO. FITZPATRICK who has put many hours Given the importance of credit ratings to into this subject matter and, I think, mutual funds and fund shareholders, we ASSOCIATION FOR has helped to produce legislation wor- greatly appreciate the work of the Financial FINANCIAL PROFESSIONALS, thy of this House’s consideration. Services Committee on this issue. Accord- July 10, 2006. I wish to enter into the RECORD the ingly, we urge Members to support this im- Hon. J. DENNIS HASTERT, statement of administration policy portant reform legislation and vote aye on Speaker, House of Representatives, Washington, DC. issued July 12 of this year regarding final passage. Please do not hesitate to con- the passage of H.R. 2990, the relevant tact me directly, or Dan Crowley in the In- Hon. NANCY PELOSI, stitute’s Office of Government Affairs, (202) Minority Leader, House of Representatives, portion being: ‘‘This legislation would 326–5962, if we can provide you with any addi- Washington, DC. enable more credit rating agencies to tional information. DEAR MR. SPEAKER AND MADAM LEADER: qualify nationally under Securities and With very best regards. The undersigned associations, representing a Exchange Commission regulation. The Sincerely, broad array of financial services firms, sup- bill requires credit rating agencies to PAUL SCHOTT STEVENS. port H.R. 2990, the Credit Rating Agency Du- opoly Relief Act, and urge its passage by the disclose their performance records, methodologies and any conflicts of in- THE FINANCIAL SERVICES ROUNDTABLE, House. As associations representing mutual Washington, DC, July 10, 2006. funds, corporate issuers, broker/dealers and terest. The administration looks for- Hon. MICHAEL G. FITZPATRICK, institutional investors, we all agree that ward to working with Congress as we House of Representatives, H.R. 2990 would facilitate much needed com- move towards these goals.’’ Washington, DC. petition in the credit ratings industry. It is clear the administration and the DEAR CONGRESSMAN FITZPATRICK: On behalf Credit ratings play a significant role in the members of the Committee on Finan- of the members of The Financial Services securities markets as well as the economy as cial Services have found H.R. 2990 not a whole. Investors rely on ratings to measure Roundtable, I urge you to vote for H.R. 2990, only to be good legislation but nec- ‘‘The Credit Rating Agency Duopoly Relief relative default risks of large and small com- Act of 2006.’’ It would facilitate the creation panies, as well as government entities. Rat- essary to be adopted; and why is that of much needed competition in the credit ings produced by Nationally Recognized Sta- so? ratings industry. Additionally, we believe tistical Rating Organizations (NRSROs) are If one were to ask how could you be- that increased competition for credit rating often the determining factor as to whether come a credit rating agency and get a agencies will lower the costs to financial in- companies will expand or local governments part of this lucrative business today, stitutions, add integrity to the credit rating can finance major municipal projects. Fur- the process is unclear. It is much like process, and increase earnings for investors. thermore, ratings assigned by NRSROs play the old adage relative to identifying Congressional action in the credit rating a significant role in determining the permis- industry is necessary. H.R. 2990 will help fa- sible instruments that certain institutional art, ‘‘I know it when I see it.’’ cilitate structural reform at the Securities investors can hold. It has been some 30 years since the and Exchange Commission (SEC) concerning Currently, competition is severely lacking SEC adopted its current methodology the oversight of credit rating agencies with among credit rating agencies as the SEC has for establishing this recognition, and greater competition premised on a competi- designated only five companies as NRSROs— yet we do not know today how one can tive market place philosophy. two of which overwhelmingly dominate the successfully become an NRSRO, much H.R. 2990 should be enacted into law this market. The current process for attaining less once you are one, who is it that year, specifically, for the following reasons: the NRSRO designation fails to provide a There is a lack of competition among cred- reasonably clear path for potential new aspi- looks over your shoulder, and should it rating agencies. This is evidenced by the rants to follow. H.R. 2990 solves this problem they find inappropriate behavior, how SEC designating only five companies as Na- by establishing an unambiguous SEC reg- is one unregistered or decommissioned. tionally Recognized Statistical Recognized istration process with commensurate over- That process is also unclear. Organizations (NRSROs)—two of which con- sight to ensure integrity in the ratings proc- What we do know from the record is trol approximately 80% of the market. The ess. that very lucrative companies have en- current designation process is outdated and In addition to facilitating competition, the gaged in a government-granted busi- inefficient. H.R. 2990 would address this prob- legislation would provide critically impor- ness operation, have garnered signifi- lem by establishing an unambiguous SEC tant information, currently unavailable to registration process with commensurate investors, about the methodologies NRSROs cant profits, and have not on all counts oversight to ensure integrity in the ratings use to assign ratings. The bill would not dic- met their professional fiduciary duties. process. Moreover, to be an NRSRO, a credit tate how NRSROs must operate but instead The bill at hand provides for re- rating agency must have been in business for require disclosure of ratings processes so in- sources to register, oversee and, yes,

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.018 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5086 CONGRESSIONAL RECORD — HOUSE July 12, 2006 even unregister, decommission, provide that were granted this nationally rec- ration in quality just to get quantity. for someone losing their license should ognized statistical rating organization What we wish to have is quantity and they be found not meeting appropriate nomenclature. Since that time, six quality, and both are equally impor- financial and fiduciary standards. For have been added, for a total of nine. tant. that reason alone the bill should be Existing today, there are only five I urge my colleagues in the House to adopted. because there has been consolidation in consider that when they vote on this But let me give one more example of the industry. But what that indicates measure. I am offering a substitute past practice which I found trouble- is that this has not been a prohibitive which we will debate for 20 minutes im- some. In the past, a rating agency area for qualified organizations to gain mediately after the close of this de- could select a corporation on which it the recognition of a nationally recog- bate. could engage in its credit analysis and nized statistical rating organization. I think that this is premature. At the issue an unsolicited credit rating. Un- I think, and I agree with our friends very least, the committee and the Con- solicited means the company didn’t ask on the other side, that competition gress should have received legitimate for it, but in some cases the rating would be good, and the availability to critiques from the Securities Exchange agency would forward a bill to the cor- enter this field would be much better if Commission with all the expertise that poration. Now why would the corpora- we can find a methodology to do that. they have. I am sure most of us don’t tion pay that bill? Well, if a corpora- It does not necessitate, however, a feel fully qualified to view the struction, a public operating company, is regimentation regime, and it certainly ture of these organizations and their going to issue public debt, they have to doesn’t justify the thinking process ability to perform on the basis of what have the rating of at least two inde- that the marketplace, through com- we know individually. We are relying pendent credit rating agencies. petition, will cure all ends, and par- on expertise evaluation that is con- ticularly if you look at the cost of tained in very limited areas, one of b 1400 competition and what it means. which is certainly an independent Since two of the credit rating agen- Certainly, when we are dealing with agency of the United States Govern- cies perform about 99 percent of the hundreds and billions and trillions of ment, the Securities and Exchange ratings, it would become pretty evident dollars in instruments to be evaluated Commission. that you would pay the bill because by these organizations, whatever the I would urge, at this time, a ‘‘no’’ some time in the future your corpora- cost of getting that down is infinites- vote on passage of this when we get to tion would need to enter the public imal to the importance of getting the that point in the bill. Mr. Chairman, I yield back the bal- debt markets. quality of the organization correct and ance of my time. This bill will provide the authority the rating correct to protect investors. Mr. OXLEY. Mr. Chairman, in clos- I think that what we have a tendency for the SEC to prohibit such activity in ing, let me first of all recognize the to do is to think competition in and of the future, I think a highly appropriate gentleman from Pennsylvania, Mr. reform. Certainly, there could be other itself is such a wonderful thing that it FITZPATRICK. He has been a real bull- is going to solve all purposes. Well, I matters brought to the attention of the dog on this issue. The committee has could suggest to my colleagues on the House on the subject of value, but the worked its will passing this bill on a other side that if brain surgery is ex- underlying essential reforms contained voice vote in the committee. His lead- pensive we could entertain the idea in this bill should be adopted and ership has been extraordinary. The that any doctor can register after 3 adopted today. committee has had numerous hearings. STATEMENT OF ADMINISTRATION POLICY, JULY years of practice to be a brain surgeon, We have had input from all of the usual 12, 2006 and that would qualify him to be a sources, and then some, to craft this H.R. 2990—CREDIT RATING AGENCY DUOPOLY brain surgeon. And in many instances, legislation. RELIEF ACT OF 2006 in many places it clearly may, al- If somebody were to tell you or any- The Administration supports House pas- though I don’t want him operating on body in this body that there was an in- sage of H.R. 2990, the Credit Rating Agency my brain, and I assure you most of the dustry out there where 80 percent of Duopoly Relief Act of 2006. This legislation Members of this House wouldn’t want that business was controlled by two would enable more credit rating agencies to that process used to qualify one’s self companies, whether it was in the steel qualify nationally under Securities and Ex- as a brain surgeon. change Commission (SEC) regulations. In ad- industry or the auto industry, the This organizational structure and the health care field, I would suggest that dition, the bill requires credit rating agen- methodology used in the rating agency cies to disclose their performance records, particularly my friends on the other methodologies, and any conflicts of interest. are analogous to the complications of side of the aisle would be particularly This bill would improve competition and brain surgery in the financial field. upset and call it restraint of trade and transparency in the credit rating industry, There aren’t many organizations that ask for all kinds of investigations and which ultimately would benefit individual have the capacity to do it. Those that to try to induce more competition and investors. The Administration looks forward do should have methodologies of being new entries into that marketplace. And to working with Congress to accomplish tested as to quality, transparency and that is exactly what we have got here. these goals. methodology, and they should have in- We have got credit rating agencies that Mr. KANJORSKI. Mr. Chairman, I creased competition. That we agree for the last 35 years have basically had think there are good intentions on upon. a duopoly on this very lucrative busi- both sides of this issue, and unfortu- What we disagree upon is the nature ness. And as in the case with any other nately, I find it to be an extremely of this bill and the regime of registra- kind of business, when you have a du- complicated issue and, most of all, not tion is not sufficient to guarantee qual- opoly or an oligopoly, you have lack of a sexy issue, as you can see by attend- ity. What may very easily happen is competition. You have a situation ance on the floor. one or two rogue organizations, after 3 where you have conflicts of interest al- I doubt whether 5 percent of our years, may apply, be designated as a most guaranteed, and you have a lack viewing audience out there under- nationally recognized statistical rating of transparency at the same time. That stands what a nationally recognized organization, and then do what Mr. is what we attack in the Fitzpatrick statistical rating organization really BAKER referred to, actually bid down legislation. is, and probably not a great deal more the value by getting business and offer- Now, I have been chairman of this really care about it. Except, when you ing to give good ratings to get busi- committee for 6 years. Even before I look at what they do and the effect ness. They may actually deteriorate was chairman of this committee this they have on all of our lives in some the value and the quality of the rat- was an issue. The SEC would always very big ways, they are an important ings. We don’t know that for certain. come up before the committee, testify, entity and we have to get this right. We don’t want to suggest that. We well, we are working on it. We are try- And I want to point out that when want to make sure that we structure a ing to open this up. And yet, a frus- this entity was constructed by rule, as methodology and means of designating trated member of the committee said, Mr. FITZPATRICK pointed out, in 1975, nationally recognized statistical rating when are you ever going to get around there were originally three agencies organizations so we don’t have deterio- to it?

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.056 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5087 This legislation is a wakeup call to (1) credit rating agencies are of national con- the Commission an application for registration the SEC, to the industry that, at least cern, in that, among other things— in such form and containing such of the fol- from our perspective, we are tired of (A) their ratings, publications, writings, anal- lowing and any other information and docu- waiting for this to happen. Everybody yses, and reports are furnished and distributed, ments concerning such organization and any and their contracts, subscription agreements, persons associated with such organization as likes competition, but nobody likes and other arrangements with clients are nego- the Commission, by rule, may prescribe as nec- competitors. Everybody wants to go to tiated and performed, by the use of the mails essary or appropriate in the public interest or heaven, but nobody wants to die. and means and instrumentalities of interstate for the protection of investors: It is time that we provide the kind of commerce; ‘‘(A) any conflicts of interest relating to the competitive structure in this critical (B) their ratings, publications, writings, anal- issuance of credit ratings by a nationally recog- area that is long due coming. yses, and reports customarily relate to the pur- nized statistical rating organization; There is a reason why, Mr. Chairman, chase and sale of securities traded on securities ‘‘(B) the procedures and methodologies such in the Sarbanes-Oxley Act that we re- exchanges and in interstate over-the-counter nationally recognized statistical rating organi- quested this study, because we knew markets, securities issued by companies engaged zation uses in determining credit ratings; ‘‘(C) credit ratings performance measurement that part of the problem going forward in business in interstate commerce, and securities issued by national banks and member banks statistics over short-term, mid-term, and long- with Enron and WorldCom and the like of the Federal Reserve System; term periods of such nationally recognized sta- was lack of competition and the abys- (C) the foregoing transactions occur in such tistical rating organization; mal ratings effect that two members of volume as substantially to affect interstate com- ‘‘(D) policies or procedures adopted and im- the duopoly created right before Enron merce, and securities markets, the national plemented by such nationally recognized statis- and WorldCom collapsed. Just think banking system, and the national economy; and tical rating organization to prevent the misuse about the credit rating that they gave (D) their regulation serves the compelling in- in violation of this title (or the rules and regula- to Enron and WorldCom just weeks be- terest of investor protection; and tions thereunder) of material, non-public information; and fore they collapsed, and it tells you a (2) the Securities and Exchange Commission— (A) has, through its designation of certain ‘‘(E) the organizational structure of such na- lot about the lack of competition, the credit rating agencies as nationally recognized tionally recognized statistical rating organiza- lack of transparency and a potential statistical rating organizations, created an arti- tion. conflict of interest in the existing sta- ficial barrier to entry for new participants; and ‘‘(2) REVIEW OF APPLICATION.— tus quo. (B) will, in its latest proposed rule defining ‘‘(A) INITIAL DETERMINATION.—Within 90 days This bill is anti-status quo. It is far nationally recognized statistical rating organi- of the date of the filing of such application (or within such longer period as to which the appli- reaching. It is visionary, and MIKE zations, codify and strengthen this barrier. cant consents) the Commission shall— FITZPATRICK’s leadership on this can- SEC. 3. DEFINITIONS. ‘‘(i) by order grant such registration; or not be overestimated. And so I think Section 3(a) (15 U.S.C. 78c(a)) is amended by ‘‘(ii) institute proceedings to determine wheth- that every Member should take a look adding at the end the following new para- er registration should be denied. at this. This is part of the ongoing graphs: ‘‘(B) CONDUCT OF PROCEEDINGS.—Such pro- process to make our markets more ‘‘(60) CREDIT RATING.—The term ‘credit rating’ ceedings shall include notice of the grounds for means an assessment of the creditworthiness of denial under consideration and opportunity for competitive, more transparent, and an obligor as an entity or with respect to spe- this bill is a natural follow-up on what hearing and shall be concluded within 120 days cific securities or money market instruments. of the date of the filing of the application for this Congress and what this committee ‘‘(61) CREDIT RATING AGENCY.—The term ‘cred- registration. At the conclusion of such pro- has done over the years to create bet- it rating agency’ means any person— ceedings the Commission, by order, shall grant ter confidence in the markets by inves- ‘‘(A) engaged in the business of issuing credit or deny such registration. The Commission may tors to provide more competition ratings on the Internet or through another read- extend the time for conclusion of such pro- therein. This legislation gets the job ily accessible means, for free or for a reasonable ceedings for up to 90 days if it finds good cause done, and all Members should support fee; for such extension and publishes its reasons for ‘‘(B) employing either a quantitative or quali- so finding or for such longer period as to which it. tative model, or both, to determine credit rat- Mr. Chairman, I yield back the bal- the applicant consents. ings; and ‘‘(C) GROUNDS FOR DECISION.—The Commis- ance of my time. ‘‘(C) receiving fees from either issuers, inves- sion shall grant such registration if the Commis- The CHAIRMAN. All time for general tors, or other market participants, or a combina- sion finds that the requirements of this section debate has expired. tion thereof. are satisfied. The Commission shall deny such Pursuant to the rule, the amendment ‘‘(62) NATIONALLY RECOGNIZED STATISTICAL registration if it does not make such a finding or in the nature of a substitute printed in RATING ORGANIZATION OR NRSRO.—The term ‘na- if it finds that if the applicant were so reg- the bill shall be considered as an origi- tionally recognized statistical rating organiza- istered, its registration would be subject to sus- nal bill for the purpose of amendment tion’ means a credit rating agency that— pension or revocation under subsection (b). under the 5-minute rule and shall be ‘‘(A) has been in business for at least three ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.— consecutive years; and Subject to section 24, the Commission, by rule, considered read. ‘‘(B) is registered under section 15E. The text of the amendment in the na- shall require a nationally recognized statistical ‘‘(63) PERSON ASSOCIATED WITH A NATIONALLY rating organization, upon the granting of reg- ture of a substitute is as follows: RECOGNIZED STATISTICAL RATING ORGANIZA- istration under this section, to make the infor- H.R. 2990 TION.—The term ‘person associated with a na- mation and documents filed with the Commis- Be it enacted by the Senate and House of Rep- tionally recognized statistical rating organiza- sion in its application for registration, or in any resentatives of the United States of America in tion’ means any partner, officer, director, or amendment filed under subsection (b)(1) or (2), Congress assembled, branch manager of such nationally recognized publicly available on the website or comparable SECTION 1. SHORT TITLE; REFERENCES. statistical rating organization (or any person readily accessible means of such nationally rec- (a) SHORT TITLE.—This Act may be cited as occupying a similar status or performing similar ognized statistical rating organization. the ‘‘Credit Rating Agency Duopoly Relief Act functions), any person directly or indirectly ‘‘(b) UPDATE OF REGISTRATION.— of 2006’’. controlling, controlled by, or under common ‘‘(1) UPDATE.—Each nationally recognized (b) REFERENCES.—Except as otherwise ex- control with such nationally recognized statis- statistical rating organization shall promptly pressly provided, whenever in this Act an tical rating organization, or any employee of amend its application for registration under this amendment or repeal is expressed in terms of an such nationally recognized statistical rating or- section if any information or documents pro- amendment to, or repeal of, a section or other ganization.’’. vided therein become materially inaccurate, ex- provision, the reference shall be considered to be SEC. 4. REGISTRATION OF NATIONALLY RECOG- cept that a nationally recognized statistical rat- made to a section or other provision of the Secu- NIZED STATISTICAL RATING ORGA- ing organization is not required to amend the rities Exchange Act of 1934 (15 U.S.C. 78a et NIZATIONS. information required to be filed under sub- seq.). (a) AMENDMENT.—The Securities Exchange section (a)(1)(C) by a filing under this para- SEC. 2. FINDINGS. Act of 1934 is amended by inserting after section graph, but shall amend such information in Upon the basis of facts disclosed by the record 15D (15 U.S.C. 78o–6) the following new section: such organization’s annual filing under para- and report of the Securities and Exchange Com- ‘‘SEC. 15E. REGISTRATION OF NATIONALLY REC- graph (2) of this subsection. mission made pursuant to section 702 of the Sar- OGNIZED STATISTICAL RATING OR- ‘‘(2) CERTIFICATION.—Not later than 90 days banes-Oxley Act of 2002 (116 Stat. 797), hearings GANIZATIONS. after the end of each calendar year, each na- before the House Committee on Financial Serv- ‘‘(a) REGISTRATION PROCEDURES.— tionally recognized statistical rating organiza- ices during the 108th and 109th Congresses, com- ‘‘(1) FILING OF APPLICATION FORM.—A credit tion shall file with the Commission an amendment letters to the concept releases and pro- rating agency that elects to be treated as a na- ment to its registration, in such form as the posed rules of the Securities and Exchange Com- tionally recognized statistical rating organiza- Commission, by rule, may prescribe as necessary mission, and facts otherwise disclosed and tion for the purposes of Federal statutes, rules, or appropriate in the public interest or for the ascertained, the Congress finds that— and regulations may be registered by filing with protection of investors—

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6333 E:\CR\FM\K12JY7.059 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5088 CONGRESSIONAL RECORD — HOUSE July 12, 2006 ‘‘(A) certifying that the information and doc- unlawful for any nationally recognized statis- between a nationally recognized statistical rat- uments in the application for registration of tical rating organization registered under this ing organization, or any person associated with such nationally recognized statistical rating or- section to represent or imply in any manner such nationally recognized statistical rating organization continue to be accurate; and whatsoever that such nationally recognized sta- ganization, and the obligor, or any affiliate of ‘‘(B) listing any material changes that oc- tistical rating organization has been designated, the obligor; and curred to such information or documents during sponsored, recommended, or approved, or that ‘‘(4) any affiliation of a nationally recognized the previous calendar year. such nationally recognized statistical rating or- statistical rating organization, or any person as- ‘‘(c) ACCOUNTABILITY FOR RATINGS PROCE- ganization’s abilities or qualifications have in sociated with such nationally recognized statis- DURES.— any respect been passed upon, by the United tical rating organization, with any person that ‘‘(1) AUTHORITY.—The Commission shall have States or any agency, any officer, or any em- underwrites the securities or money market in- the authority under this Act to take action ployee thereof. struments that are the subject of a credit rating. against any nationally recognized statistical ‘‘(2) REPRESENTATION AS NRSRO OF UNREGIS- ‘‘(i) PROHIBITED CONDUCT.— rating organization if such nationally recog- TERED CREDIT RATING AGENCIES.—It shall be un- ‘‘(1) PROHIBITED ACTS AND PRACTICES.—The nized statistical rating organization issues credit lawful for any credit rating agency to represent Commission may adopt rules or regulations to ratings in contravention of those procedures, or imply in any manner whatsoever that such prohibit any act or practice relating to the criteria, and methodologies that such nationally credit rating agency has been designated, spon- issuance of credit ratings by a nationally recog- recognized statistical rating organization— sored, recommended, or approved, or that such nized statistical rating organization that the ‘‘(A) includes in its application for registra- credit rating agency’s abilities or qualifications Commission determines to be unfair, coercive, or tion under this section; or have in any respect been passed upon, by the abusive, including any act or practice relating ‘‘(B) makes and disseminates in reports pursu- United States or any agency, any officer, or any to— ant to section 17(a) or the rules and regulations employee thereof. It shall be unlawful for any ‘‘(A) seeking payment for a credit rating that thereunder. has not been specifically requested by the obli- ‘‘(2) LIMITATION.—The rules and regulations credit rating agency that is not registered under gor— applicable to nationally recognized statistical this section as a nationally recognized statis- ‘‘(i) from an obligor; or rating organizations the Commission may pre- tical rating organization to state that such credit rating agency is a nationally recognized sta- ‘‘(ii) from an affiliate of an obligor, unless— scribe pursuant to this Act shall be narrowly ‘‘(I) the organization is organized under sub- tailored to meet the requirements of this Act ap- tistical rating organization under this Act. section (a)(1)(E) to receive fees from investors or plicable to nationally recognized statistical rat- ‘‘(3) STATEMENT OF REGISTRATION UNDER SE- other market participants, or a combination ing organizations and shall not purport to regu- CURITIES EXCHANGE ACT OF 1934 PROVISIONS.—No thereof; and late the substance of credit ratings or the proce- provision of paragraph (1) shall be construed to prohibit a statement that a nationally recog- ‘‘(II) the affiliate is such an investor or par- dures and methodologies by which such nation- ticipant; ally recognized statistical rating organizations nized statistical rating organization is a nationally recognized statistical rating organization ‘‘(B) conditioning or threatening to condition determine credit ratings. the issuance of a credit rating on the obligor’s, ‘‘(d) CENSURE, DENIAL, OR SUSPENSION OF under this Act, if such statement is true in fact or an affiliate of the obligor’s, purchase of other REGISTRATION; NOTICE AND HEARING.—The and if the effect of such registration is not mis- services or products, including pre-credit rating Commission, by order, shall censure, place limi- represented. assessment products, of the nationally recog- tations on the activities, functions, or oper- ‘‘(g) PREVENTION OF MISUSE OF NONPUBLIC nized statistical rating organization or any per- ations of, suspend for a period not exceeding 12 INFORMATION.—Each nationally recognized sta- son associated with such nationally recognized months, or revoke the registration of any na- tistical rating organization shall establish, statistical rating organization; tionally recognized statistical rating organiza- maintain, and enforce written policies and procedures reasonably designed, taking into consid- ‘‘(C) lowering or threatening to lower a credit tion if the Commission finds, on the record after rating on, or refusing to rate, securities or notice and opportunity for hearing, that such eration the nature of such nationally recognized statistical rating organization’s business, to pre- money market instruments issued by an asset censure, placing of limitations, suspension, or pool unless a portion of the assets within such revocation is in the public interest and that vent the misuse in violation of this title, or the rules or regulations thereunder, of material, pool also is rated by the nationally recognized such nationally recognized statistical rating or- statistical rating organization; ganization, or any person associated with such nonpublic information by such nationally recognized statistical rating organization or any per- ‘‘(D) modifying or threatening to modify a nationally recognized statistical rating organi- credit rating or otherwise departing from its zation, whether prior to or subsequent to becom- son associated with such nationally recognized statistical rating organization. The Commission, adopted systematic procedures and methodolo- ing so associated— gies in determining credit ratings, based on ‘‘(1) has committed or omitted any act, or is as it deems necessary or appropriate in the pub- whether the obligor, or an affiliate of the obli- subject to an order or finding, enumerated in lic interest or for the protection of investors, gor, pays or will pay for the credit rating or any subparagraph (A), (D), (E), (H), or (G) of para- shall adopt rules or regulations to require spe- other services or products of the nationally rec- graph (4) of section 15(b), has been convicted of cific policies or procedures reasonably designed ognized statistical rating organization or any any offense specified in subparagraph (B) of to prevent misuse in violation of this title (or the person associated with such nationally recog- such paragraph (4) within 10 years of the com- rules or regulations thereunder) of material, nized statistical rating organization. mencement of the proceedings under this sub- nonpublic information. ‘‘(h) MANAGEMENT OF CONFLICTS OF INTER- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in section, or is enjoined from any action, conduct, paragraph (1), or in any rules or regulations or practice specified in subparagraph (C) of EST.—Each nationally recognized statistical rating organization shall establish, maintain, and adopted thereunder, shall be construed to mod- such paragraph (4); ify, impair, or supersede the operation of any of ‘‘(2) has been convicted during the 10-year pe- enforce written policies and procedures reason- the antitrust laws. For the purposes of the pre- riod preceding the date of filing of any applica- ably designed, taking into consideration the na- ceding sentence, the term ‘antitrust laws’ has tion for registration, or at any time thereafter, ture of the business of such nationally recog- the meaning given it in the first section of the of— nized statistical rating organization and affili- ‘‘(A) any crime that is punishable by impris- ated persons and affiliated companies of such Clayton Act (15 U.S.C. 12), except that such onment for 1 or more years, and that is not de- nationally recognized statistical rating organi- term includes section 5 of the Federal Trade scribed in section 15(b)(4)(B); or zation, to address and manage the conflicts of Commission Act (15 U.S.C. 45) to the extent such ‘‘(B) a substantially equivalent crime by a for- interest that can arise from such business. The section 5 applies to unfair methods of competi- eign court of competent jurisdiction; or Commission, as it deems necessary or appro- tion. ‘‘(3) is subject to any order of the Commission priate in the public interest or for the protection ‘‘(j) DESIGNATION OF COMPLIANCE OFFICER.— barring or suspending the right of the person to of investors, shall adopt rules or regulations to Each nationally recognized statistical rating or- be associated with a nationally recognized sta- prohibit, or require the management or disclo- ganization shall designate an individual respon- tistical rating organization. sure of, any conflicts of interest relating to the sible for administering the policies and proce- ‘‘(e) WITHDRAWAL FROM REGISTRATION.—A issuance of credit ratings by a nationally recog- dures that are required to be established pursu- nationally recognized statistical rating organi- nized statistical rating organization including, ant to subsections (g) and (h), and for ensuring zation registered under this section may, upon without limitation, conflicts of interest relating compliance with the securities laws and the such terms and conditions as the Commission to— rules and regulations thereunder, including may establish as necessary in the public interest ‘‘(1) the manner in which a nationally recog- those promulgated by the Commission pursuant or for the protection of investors, withdraw from nized statistical rating organization is com- to this section. registration by filing a written notice of with- pensated by the obligor, or any affiliate of the ‘‘(k) STATEMENTS OF FINANCIAL CONDITION.— drawal with the Commission. If the Commission obligor, for issuing credit ratings or providing Each nationally recognized statistical rating or- finds that any nationally recognized statistical related services; ganization shall, on a confidential basis, file rating organization is no longer in existence or ‘‘(2) the provision of consulting, advisory, or with the Commission, at intervals determined by has ceased to do business as a credit rating other services by a nationally recognized statis- the Commission, such financial statements, cer- agency, the Commission, by order, shall cancel tical rating organization, or any person associ- tified (if required by the rules or regulations of the registration of such nationally recognized ated with such nationally recognized statistical the Commission) by an independent public ac- statistical rating organization. rating organization, to the obligor, or any affil- countant, and information concerning its finan- ‘‘(f) REPRESENTATIONS.— iate of the obligor; cial condition as the Commission, by rule, may ‘‘(1) REPRESENTATIONS OF SPONSORSHIP BY ‘‘(3) business relationships, ownership inter- prescribe as necessary or appropriate in the UNITED STATES OR AGENCY THEREOF.—It shall be ests, or any other financial or personal interests public interest or for the protection of investors.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\A12JY7.013 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5089 ‘‘(l) ELIMINATION OF COMMISSION DESIGNA- (r)(15)(A) by striking ‘‘means any entity recog- the report, equally divided and con- TION PROCESS FOR NRSRO’S.— nized as such by the Securities and Exchange trolled by the proponent and an oppo- ‘‘(1) CESSATION OF DESIGNATION.—Within 30 Commission’’ and inserting ‘‘means any nation- nent, shall not be subject to amend- days after the enactment of the Credit Rating ally recognized statistical rating organization as ment, and shall not be subject to a de- Agency Duopoly Relief Act of 2006, the Commis- that term is defined under the Securities Ex- sion shall cease to designate persons and compa- change Act of 1934’’. mand for division of the question. nies as nationally recognized statistical rating (9) Section 601(10) of title 23, United States AMENDMENT NO. 1 OFFERED BY MR. OXLEY organizations, as that term is used under rule Code, is amended by striking ‘‘identified by the The CHAIRMAN. It is now in order to 15c3–1 of the Commission’s rules (17 CFR Securities and Exchange Commission as a Na- consider amendment No. 1 printed in 240.15c3–1). tionally Recognized Statistical Rating Organiza- House Report 109–550. ‘‘(2) PROHIBITION ON RELIANCE ON NO-ACTION tion’’ and inserting ‘‘registered with the Securi- Mr. OXLEY. Mr. Chairman, I offer an RELIEF.—The no-action relief that the Commis- ties and Exchange Commission as a nationally sion has granted with respect to the designation amendment. recognized statistical rating organization as The CHAIRMAN. The Clerk will des- of nationally recognized statistical rating orga- that term is defined under the Securities Ex- nizations, as that term is used under rule 15c3– change Act of 1934 (15 U.S.C. 78 et seq.)’’. ignate the amendment. The text of the amendment is as fol- 1 of the Commission’s rules (17 CFR 240.15c3–1), SEC. 5. ANNUAL AND OTHER REPORTS. shall be void and of no force or effect. Section 17(a)(1) (15 U.S.C. 78q(a)(1)) is amend- lows: ‘‘(3) NOTICE TO OTHER AGENCIES.—Within 30 ed by inserting ‘‘nationally recognized statis- Amendment No. 1 offered by Mr. OXLEY: days after the date of enactment of the Credit tical rating organization,’’ after ‘‘registered Page 3, line 20, insert ‘‘staff’’ after ‘‘its’’. Rating Agency Duopoly Relief Act of 2006, the transfer agent,’’. Page 4, line 1, strike ‘‘will’’ and insert Commission shall give notice to the Federal ‘‘would’’. agencies which employ the term ‘nationally rec- SEC. 6. GAO STUDY AND REPORT REGARDING CONSOLIDATION OF CREDIT RATING Page 4, line 16, insert ‘‘but does not include ognized statistical rating organization’ (as that AGENCIES. a commercial credit reporting company’’ term is used under rule 15c3–1 of the Commis- (a) STUDY REQUIRED.—The Comptroller Gen- after ‘‘fee’’. sion’s rules (17 CFR 240.15c3–1)) in their rules eral of the United States shall conduct a Page 5, line 3, strike ‘‘for at least three’’ and regulations regarding the actions under- study— and insert ‘‘as a credit rating agency for at taken pursuant to this section. (1) to identify— least the past 3’’. ‘‘(4) REVIEW OF EXISTING REGULATIONS.— (A) the factors that have led to the consolida- Page 6, line 1, strike ‘‘FILING’’ and insert Within 180 days after the date of enactment of tion of credit rating agencies; ‘‘FURNISHING’’. the Credit Rating Agency Duopoly Relief Act of (B) the present and future impact of the con- Page 6, line 5, strike ‘‘filing with’’ and in- 2006, the Commission shall review its existing dition described in subparagraph (A) on the se- sert ‘‘furnishing to’’. rules and regulations which employ the term Page 6, line 21, insert ‘‘(as applicable)’’ curities markets, both domestic and inter- ‘nationally recognized statistical rating organi- after ‘‘periods’’. national; and Page 7, line 9, strike ‘‘filing’’ and insert zation’ or ‘NRSRO’ and promulgate new or re- (C) solutions to any problems identified under ‘‘furnishing’’. vised rules and regulations as the Commission subparagraph (B), including ways to increase Page 7, line 20, strike ‘‘filing’’ and insert may prescribe as necessary or appropriate in the competition and the number of firms capable of public interest or for the protection of inves- ‘‘furnishing’’. providing credit rating services to large national Page 8, line 11, strike ‘‘subsection (b)’’ and tors.’’. and multinational business organizations that (b) CONFORMING AMENDMENTS TO THE 1934 insert ‘‘subsection (d)’’. are subject to the securities laws; ACT.— Page 8, line 17, strike ‘‘filed with’’ and in- (1) Section 15(b)(4)(B)(ii) (15 U.S.C. (2) of the problems, if any, faced by business sert ‘‘furnished to’’. 78o(b)(4)(B)(ii)) is amended by inserting ‘‘na- organizations that have resulted from limited Page 8, line 18, strike ‘‘filed’’ and insert tionally recognized statistical rating organiza- competition among credit rating agencies, in- ‘‘furnished’’. tion,’’ after ‘‘transfer agent,’’. cluding— Page 8, line 19, strike ‘‘the website or’’ and (2) Section 15(b)(4)(C) (15 U.S.C. 78o(b)(4)(C)) (A) higher costs; insert ‘‘its website or through another’’. is amended by inserting ‘‘nationally recognized (B) lower quality of services; Page 8, beginning on line 20, strike ‘‘of statistical rating organization,’’ after ‘‘transfer (C) anti-competitive practices; such nationally recognized statistical rating agent,’’. (D) impairment of independence; and organization’’. (3) Section 21B(a) (15 U.S.C. 78u–2(a)) is (E) lack of choice; and Page 9, line 4, strike ‘‘filed’’ and insert amended by inserting ‘‘15E,’’ after ‘‘15C,’’. (3) whether and to what extent Federal or ‘‘furnished’’. (c) OTHER CONFORMING AMENDMENTS.— State regulations impede competition among Page 9, line 5, strike ‘‘a filing’’ and insert (1) Section 2(a) of the Investment Company credit rating agencies. ‘‘an amendment furnished’’. Act of 1940 (15 U.S.C. 80a–2(a)) is amended by (b) CONSULTATION.—In planning and con- Page 9, line 7, strike ‘‘filing’’ and insert adding at the end the following new paragraph: ducting the study under this section, the Comp- ‘‘amendment furnished’’. ‘‘(53) The term ‘credit rating agency’ has the troller General shall consult with— Page 9, beginning on line 11, strike ‘‘file same meaning as given in section 3 of the Secu- (1) the Securities and Exchange Commission; with’’ and insert ‘‘furnish to’’. rities Exchange Act of 1934.’’. (2) the Department of Justice; and Page 11, line 20, strike ‘‘filing of’’ and in- (2) Section 9(a)(1) of the Investment Company (3) any other public or private sector organi- sert ‘‘furnishing’’. Act of 1940 (15 U.S.C. 80a–9(a)) is amended by zation that the Comptroller General considers Page 12, line 12, strike ‘‘filing a written no- inserting ‘‘credit rating agency,’’ after ‘‘transfer appropriate. tice of withdrawal with’’ and insert ‘‘fur- agent,’’. (c) REPORT REQUIRED.—Not later than 180 nishing a written notice of withdrawal to’’. (3) Section 9(a)(2) of the Investment Company days after the date of enactment of this Act, the Page 18, line 23, strike ‘‘file with’’ and in- Act of 1940 (15 U.S.C. 80a–9(a)) is amended by Comptroller General shall submit a report on the sert ‘‘furnish to’’. inserting ‘‘credit rating agency,’’ after ‘‘transfer results of the study required by this section to Page 19, line 5, insert ‘‘STAFF’S’’ after agent,’’. the Committee on Banking, Housing, and Urban ‘‘COMMISSION’’. (4) Section 202(a) of the Investment Advisers Affairs of the Senate and the Committee on Fi- Page 19, line 9, insert ‘‘staff’’ after ‘‘Com- Act of 1940 (15 U.S.C. 80b–2(a)) is amended by nancial Services of the House of Representa- mission’’. adding at the end the following new paragraph: tives. Page 19, line 15, insert ‘‘staff’’ after ‘‘Com- ‘‘(28) The term ‘credit rating agency’ has the SEC. 7. EFFECTIVE DATE. mission’’. same meaning as given in section 3 of the Secu- The amendments made by sections 4 and 5 Page 20, line 6, strike ‘‘180 days’’ and insert rities Exchange Act of 1934.’’. shall take effect on January 1, 2008, except as ‘‘360 days’’. (5) Section 203(e)(2)(B) of the Investment Ad- otherwise provided in paragraphs (1), (3), and Page 23, strike lines 3 through 6 and insert visers Act of 1940 (15 U.S.C. 80b–3(e)) is amended (4) of subsection (l) of section 15E of the Securi- the following: by inserting ‘‘credit rating agency,’’ after ties Exchange Act of 1934 (as added by such SEC. 5. ANNUAL AND OTHER REPORTS. ‘‘transfer agent,’’. Section 17(a)(1) (15 U.S.C. 78q(a)(1)) is (6) Section 203(e)(4) of the Investment Advisers amendments), and except that the Securities and Exchange Commission is authorized to pre- amended— Act of 1940 (15 U.S.C. 80b–3(e)) is amended by (1) by inserting ‘‘nationally recognized sta- inserting ‘‘credit rating agency,’’ after ‘‘transfer scribe rules and regulations to carry out such amendments beginning on the date of enactment tistical rating organization,’’ after ‘‘reg- agent,’’. istered transfer agent,’’; and (7) Section 1319 of the Housing and Commu- of this Act. (2) by adding at the end the following: nity Development Act of 1992 (12 U.S.C. 4519) is The CHAIRMAN. No amendment to ‘‘Any report a nationally recognized statis- amended by striking ‘‘effectively’’ and all that the committee amendment is in order tical rating organization may be required by follows through ‘‘broker-dealers’’ and inserting except those printed in House Report Commission rules under this paragraph to ‘‘that is a nationally recognized statistical rat- 109–550. Each amendment may be of- make and disseminate to the Commission ing organization, as such term is defined in sec- fered only in the order printed in the shall be deemed furnished to the Commis- tion 3(a) of the Securities Exchange Act of sion.’’ 1934’’. report, by a Member designated in the (8) Section 439 of the Higher Education Act of report, shall be considered read, shall The CHAIRMAN. Pursuant to House 1965 (20 U.S.C. 1087–2) is amended in subsection be debatable for the time specified in Resolution 906, the gentleman from

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.013 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5090 CONGRESSIONAL RECORD — HOUSE July 12, 2006 Ohio (Mr. OXLEY) and a Member op- the experts at the Securities and Ex- (1) The existing NRSROs in the United posed each will control 5 minutes. change Commission would have been States have entered into discussions to im- The Chair recognizes the gentleman helpful and invaluable. prove current oversight of their activities from Ohio. That said, Mr. Chairman, I do not in- via the adoption of a voluntary framework. Mr. OXLEY. Mr. Chairman, I yield tend to object to the manager’s amend- (2) These discussions have sought to apply the self-regulatory model approved by the myself such time as I may consume. ment. International Organization of Securities Mr. Chairman, I rise to offer an Mr. Chairman, I have no further re- Commissions (in this section referred to as amendment to H.R. 2990, the Credit quests for time, and I yield back the ‘‘IOSCO’’) of which the Commission is a par- Rating Agency Duopoly Relief Act. balance of my time. ticipant. This amendment makes certain clari- Mr. OXLEY. Mr. Chairman, I have no (3) The European Commission policy on fying and technical changes to Mr. further requests for time, and I yield credit rating agencies set out in December FITZPATRICK’s rating agency reform back the balance of my time. 2005 used compliance with the IOSCO code as legislation. The Acting CHAIRMAN. The ques- a central component in ensuring the proper Specifically, the amendment clarifies tion is on the amendment offered by functioning of rating agencies in the capital that there is no private right of action the gentleman from Ohio (Mr. OXLEY). markets. The amendment was agreed to. (4) The Chairman of the Commission has for rating agencies registered as na- testified before the Financial Services Com- AMENDMENT NO. 2 OFFERED BY MR. KANJORSKI tionally recognized statistical rating mittee of the House of Representatives that organizations, or NRSROs, under the The Acting CHAIRMAN. It is now in Commission staff are continuing to review Securities Exchange Act of 1934. Nei- order to consider amendment No. 2 drafts of a voluntary framework developed ther is there an express or an implied printed in House Report 109–550. by the NRSROs and offer advice about its private right of action with respect to Mr. KANJORSKI. Mr. Chairman, I provisions and contents. rating agencies registered as NRSROs offer a substitute amendment. (5) The adoption of a voluntary framework under the Securities Exchange Act. The Acting CHAIRMAN. The Clerk by NRSROs in the United States based on the IOSCO self-regulatory model and paral- The Securities and Exchange Commis- will designate the amendment. The text of the amendment is as fol- leling the regulatory regime adopted by the sion will retain its enforcement au- lows: European Commission would enhance mar- thority over registered rating agencies. ket discipline, advance investor protection, Amendment No. 2 offered by Mr. KAN- In addition, the amendment allots to and facilitate the harmonization of inter- JORSKI: the Securities and Exchange Commis- Strike all after the enacting clause and in- national standards in the area of credit rat- sion an additional 6 months, for a total sert the following: ings. of 1 year, to review and, if necessary, SECTION 1. SHORT TITLE. (b) SENSE OF CONGRESS.—In light of the revise its regulations that use the term This act may be cited as the ‘‘Credit Rat- findings set forth in subsection (a), it is the ‘‘NRSRO.’’ The additional time will ings Accountability and Transparency Act of sense of the Congress that— (1) all interested parties involved in estab- allow the SEC and industry partici- 2006’’. SEC. 2. FINDINGS. lishing a voluntary framework for self-regu- pants more time to properly assess reg- lation in the United States, which is similar ulations using the NRSRO technology. Congress finds the following: (1) Credit rating agencies play an impor- to the self-regulatory regime recently adopt- This amendment also makes a num- tant role in the United States capital mar- ed by the European Commission that is ber of technical amendments, clari- kets by opining on the creditworthiness of based upon the IOSCO-approved code for fying definitions, findings and disclo- certain entities, securities, and money mar- overseeing credit rating agencies, should sure requirements. ket instruments. complete discussions and implement a self- I urge all Members to support this (2) Institutional and retail investors utilize regulatory model as soon as practicable; amendment. ratings issued by credit rating agencies in (2) such voluntary framework should be de- Mr. Chairman, I reserve the balance connection with evaluating credit risk and veloped in consultation with the Commission making investment decisions. and include adoption of any and all rules, of my time. regulations, policies, and practices deemed Mr. KANJORSKI. Mr. Chairman, I (3) The Securities and Exchange Commis- sion staff, through the no action letter proc- necessary and appropriate for the protection rise to claim the time in opposition. of investors and in the public interest, in- The Acting CHAIRMAN (Mr. ess, has identified certain credit rating agencies as Nationally Recognized Statistical cluding the disclosure of written policies and SWEENEY). The gentleman is recognized Rating Organizations or NRSROs. procedures of NRSROs in the United States for 5 minutes. (4) Many Federal and State regulators and designed to— Mr. KANJORSKI. Mr. Chairman, I legislatures require the use of NRSRO rat- (A) address conflicts of interest relating rise in order to express some thoughts ings in regulations and statutes, including to— on the amendment, but I do not intend those concerning capital requirements for (i) relationships between NRSROs and to oppose the manager’s amendment regulated financial institutions and portfolio rated entities; quality standards, to ensure the utilization (ii) relationships between NRSROs and un- itself. derwriters; and The manager’s amendment, Mr. of high quality ratings. (5) The Commission staff’s process for iden- (iii) fee structures of the NRSROs; Chairman, makes a number of tech- (B) prevent the misuse of confidential in- nical changes in the bill, improving its tifying NRSROs should be more transparent and efficient, while maintaining a high level formation by a NRSRO or any person associ- precision, fixing drafting errors and ex- of quality among NRSROs. ated with a NRSRO; tending the implementation time (6) Increased competition among credit (C) ensure compliance with all relevant frames. These changes are acceptable rating agencies seeking to be identified as a Federal securities laws; and appropriate. NRSRO is desirable, so long as it is con- (D) ensure that each NRSRO is capable of The manager’s amendment also sistent with efforts to ensure high quality issuing independent, predictive, consistent, ratings. and reliable ratings; and makes a set of larger and more signifi- (E) provide performance data, including de- SEC. 3. RULEMAKING ON NRSRO DEFINITION. cant changes; namely, it alters the fault rates for its ratings, for the imme- bill’s wording in multiple places in an (a) NRSRO DEFINITION.—Within 60 days after the date of enactment of this Act, the diately preceding 4 years, or if in existence attempt to address recently raised con- Commission shall finalize its proposed rule- less than 4 years, for the life of the entity. cerns about the possible creation of ex- making to define a NRSRO, published in the SEC. 5. ANNUAL TESTIMONY ON IMPROVING THE plicit and implicit private rights of ac- Federal Register on April 25, 2005 (70 Fed. CREDIT RATING INDUSTRY. tion under the bill. Reg. 21306 et seq.). The Chairperson of the Commission, or a Regardless of one’s position on (b) PUBLICATION OF GUIDELINES.—Within designee of the Chairperson, shall annually whether these changes are needed, and 180 days after the date of enactment of the provide oral testimony beginning in 2007, and whether they accomplish their in- Act, the Commission shall publish guidelines for 5 years thereafter, to the Committee on tended purposes, the fact is that these concerning the process by which Commission Financial Services of the House of Rep- staff issues no-action letters regarding resentatives regarding efforts to improve the modifications are coming late in the NRSROs, including guidelines concerning transparency and accountability of the cred- legislative process and indicates that the staff’s determinations in such no-action it rating industry, including— the legislation is not well thought out. letters. (1) the designation of NRSROs; b 1415 SEC. 4. SENSE OF CONGRESS ON NRSRO VOL- (2) the status and the effectiveness of the UNTARY FRAMEWORK. voluntary framework described in section 4; Moreover, this is precisely the type (a) FINDINGS.—Congress finds the fol- (3) the quality of ratings issued by of issue on which getting the views of lowing: NRSROs;

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.062 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5091 (4) the state of competition among also require the commission to estab- SEC should continue to negotiate with NRSROs; and lish public guidance about the process the NRSROs to form some sort of un- (5) the appropriateness, need, and form of used to identify new, nationally recog- identified self-regulatory model. What any potential legislation in the area of credit nized agencies within 180 days of enact- has been suggested in the proposal is ratings. ment. that offered by the International Orga- SEC. 6. DEFINITIONS. The substitute would additionally en- As used in this Act— nization of Securities Commissions, (1) the term ‘‘Commission’’ means the Se- courage participating parties to expe- the acronym IOSCO. The IOSCO code curities and Exchange Commission; and dite and complete their discussions provides for a rating agency disclosure (2) the term ‘‘NRSRO’’ means a Nationally over the voluntary framework to im- regime, but those who have studied it Recognized Statistical Rating Organization prove market discipline and enhance who do not share its goals point out as determined by the Commission. rating quality. Finally, it would re- there is the lack of a meaningful en- The Acting CHAIRMAN. Pursuant to quire annual hearings before the Fi- forcement provision that is so essen- House Resolution 906, the gentleman nancial Services Committee to explore tial, we believe, that is contained in from Pennsylvania (Mr. KANJORSKI) the need for further action. H.R. 2990. It is important that if we do and a Member opposed each will con- In short, the substitute establishes a identify conduct that is inappropriate trol 10 minutes. globally consistent market-based ap- financial behavior, violating one’s fidu- The Chair recognizes the gentleman proach. It protects the quality of rat- ciary obligation, that the regulatory from Pennsylvania. ings, enhances competition, and injects structure have a mechanism to take Mr. KANJORSKI. Mr. Chairman, I transparency into the process for de- away the right to practice. H.R. 2990 yield myself such time as I may con- termining nationally recognized agen- would provide that certainty. sume. cies. It also promotes international And, further, Mr. KANJORSKI’s While the supporters of H.R. 2990 harmonization; ensures that Congress amendment requires the SEC to testify have tinkered with and somewhat im- stays focused on these matters; and annually for a period of 5 years on the proved the bill since its introduction, gives the commission, which has the SEC’s efforts to improve the trans- the central provision of the legislation, foremost expertise on these issues, a parency of the credit rating agency. in the words of the Consumer Federa- seat at the table in developing any fu- Therein, I think, generally not giving tion of America, is ‘‘fatally flawed.’’ I ture bill. much attention on the question of re- In Monday’s Bond Buyer, the head of am likewise very concerned that this porting by an agency represents the JPMorgan’s rating advisory group bill sacrifices the quality of inde- real thrust of the amendment. It is to opined that efforts related to the rule- pendent assessments of financial continue the dialogue for another 5 making to defined approved rating strength provided by the ‘‘nationally years. agencies and to establish a voluntary recognized’’ credit raters that help our Well, we have identified the suffi- framework consistent with global capital markets remain vibrant. cient problems to bring to the standards offers a ‘‘positive solution’’ As a result, I am offering a sub- Congress’s concern. There is time for to present concerns. We should heed his stitute. Unlike H.R. 2990, which creates action. The time is now. And adoption advice to balance quality and quantity an untested system for establishing na- of the Fitzpatrick recommendation, concerns in order to ensure that inves- tionally recognized agencies, this al- H.R. 2990, is essential and justified and, tors benefit from the best thinking and ternative expedites and builds upon ex- I think, essential and justified for us to the best opinions by passing this sub- isting regulatory, private sector, and act today. international reform efforts. stitute. In sum, Mr. Chairman, the substitute Mr. Chairman, I reserve the balance The voluntary registration regime of pursues a more prudent course that ac- of my time. H.R. 2990 will increase the number of celerates and adds to ongoing domes- Mr. KANJORSKI. Mr. Chairman, I nationally recognized agencies without tic, private sector, and international yield 4 minutes to the gentleman from assuring the credibility and reliability reform efforts instead of creating an North Dakota (Mr. POMEROY). of the issued ratings. We must seek Mr. POMEROY. Mr. Chairman, I rise untested system for establishing na- equilibrium, balancing the desire to in- both as a Representative of North Da- tionally recognized agencies. This al- crease the quantity of approved agen- kota and also as a former State insur- ternative would also protect investors cies with the need to ensure high-qual- ance regulator, a solvency regulator, to by ensuring high-quality ratings. ity ratings. The substitute addresses It is the better approach, and I urge speak in favor of the substitute and this shortcoming. its adoption. against the underlying legislation. Moreover, H.R. 2990 ignores ongoing Mr. Chairman, I reserve the balance Let me talk about the underlying reform efforts. The Securities and Ex- of my time. legislation first. This essentially ‘‘go change Commission has a rulemaking Mr. BAKER. Mr. Chairman, I rise to to a laissez-faire, let the market deter- pending on these matters. Currently, claim the time in opposition to the mine rating agency credibility’’ is a approved raters are also developing a amendment. very different departure from the long- voluntary, robust self-regulatory re- The Acting CHAIRMAN. The gen- established course we have been on gime based on the industry code estab- tleman from Louisiana is recognized with national registered statistical rat- lished by the International Organiza- for 10 minutes. ing agencies. tion of Securities Commissions. More- Mr. BAKER. Mr. Chairman, I yield Just a little textbook lesson here: over, the European Commission re- myself such time as I may consume. Transparency is generally regarded as cently relied on this global code to I want to make clear that there is a essential to the free function of finan- oversee its approved rating agencies. difference of opinion as to the appro- cial markets. But transparency de- Congress should build upon these do- priate method to move forward and es- pends upon the ability of those partici- mestic, private sector, and inter- tablish that the committee’s work pating in the markets to know the national reform efforts rather than cre- product is not frivolously or expedi- credit worthiness of the players. These ating chaos by forging a new regu- tiously constructed. The committee statistical rating agencies make an as- latory plan. To ensure the advance- has worked many long hours and heard sessment of the credit worthiness of ment of good public policy in this area, from many experts in the field as to the players and put the information we need to recognize the work of oth- the most sound recommendations that out so the market can employ it. ers. We also ought to provide for the could be adopted to effect the changes Now what they would do is move continued legislative oversight of these both sides agree need to be made. In away from a guaranteed assessment of matters and minimize unintended con- studying the gentleman’s substitute, I credibility by a national registry on sequences. think it is important to recognize, these statistical rating agencies, and Specifically, the substitute would re- however, the consequences if the House they would let you have this designa- quire the commission to complete its were to adopt this specific rection for an outfit that has been in ex- definitional rulemaking on what con- ommendation. istence 3 years, with no evaluation of stitutes an approved rating agency The Kanjorski amendment would es- the competence and the credibility un- within 60 days of enactment. It would tablish by sense of Congress that the derlying the assessments made by

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.022 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5092 CONGRESSIONAL RECORD — HOUSE July 12, 2006

these credit rating agencies. The re- I thank the gentleman for yielding. JORSKI) has 11⁄2 minutes remaining. The sult, of course, is predictable: widely Mr. BAKER. Mr. Chairman, I yield 3 gentleman from Louisiana (Mr. BAKER) different quality in the credit assess- minutes at this time to the primary has 51⁄2 minutes remaining. ment brought forward by the rating sponsor of the legislation, Mr. Mr. BAKER. Mr. Chairman, we will agencies. FITZPATRICK. have two. This is very bad business. Very bad Mr. FITZPATRICK of Pennsylvania. Mr. KANJORSKI. Then I will reserve business for virtually all involved. For Mr. Chairman, as the bill’s sponsor, I my time. the investors: Well, you want to make rise in opposition to the substitute Mr. BAKER. Mr. Chairman, I yield 3 an investment, but they say the Hump- amendment offered. minutes to the gentleman from North ty Dumpty rating agency gives this a It is vital that Congress bring com- Carolina (Mr. MCHENRY), a valuable triple star, grade A rating. Well, you petition, transparency, and account- member of the Financial Services Com- don’t really know a lot about Humpty ability to the credit rating industry. mittee. Dumpty rating agency, but it sounds And H.R. 2990 would accomplish just Mr. MCHENRY. Mr. Chairman, I first pretty good. They are one of these sta- that. However, Congressman KAN- want to begin by thanking my col- tistical rating agencies because they JORSKI’s substitute amendment retains league from Pennsylvania for offering have been around 3 years, and you the anticompetitive status quo and this substitute. I think it is important make your investment accordingly. provides no transparency and no ac- that on large issues coming before Con- The competence of the Humpty countability. gress that both sides are heard. We dealt with this issue in com- Dumpty rating agency matters, which The subcommittee amendment of- mittee. This bill, sponsored by my col- is why the present approach to the na- fered today has three key components: league from Pennsylvania (Mr. tional registry matters. Deregulating It requires the SEC to complete its FITZPATRICK) was voted out of com- it is bad for investors and people will definitional rulemaking; it encourages mittee by a voice vote, certainly not a lose money. completion of the voluntarily frame- very controversial piece of legislation. Now, if it is bad for investors, you work; and it calls for hearings on rat- Mr. KANJORSKI’s amendment, offered in might say, well, that must really be a ing agencies before the Committee on the nature of a substitute as well in boon, then, to companies that want to Financial Services. the committee, which is substantially fleece investors by raising capital on b 1430 the same as he is offering here today, noncredit-worthy enterprises. Not nec- First, the SEC has never defined the was voted down. So we have already essarily. I think this is bad for compa- term ‘‘NRSRO,’’ and it has been over 30 dealt with this and wrestled with this nies too. And let me tell you about an years. I doubt that the SEC’s illus- issue in committee. experience I encountered as an insur- trious track record on this issue de- I also want to talk about the sub- ance commissioner. serves this much faith. H.R. 2990 re- stance of his amendment today. What We had standard rating agencies, and places this vague and undefined system it does is retain the status quo. In es- then there was a startup rating agency. with a registration system and is con- sence, the SEC has endorsed an anti- It got a lot of press. Inevitably, they sistent with the free market principles competitive model for credit rating kept coming up with more alarming of our Federal securities laws. The sub- agencies. There are two dominating rating assessments of the insurance stitute amendment makes no change to credit rating agencies that control 80 companies, and that got widely re- this ambiguous and anticompetitive percent of the marketplace, and this is ported in the financial press because it system. because of SEC regulation. was newsworthy. It was a bit of the Second, a voluntary agreement offers What Mr. FITZPATRICK’s bill does is ‘‘sky is falling’’ rating agency. no real accountability. The SEC cannot enable the private sector to come for- And yet here is how that rating agen- enforce violations of the voluntary ward and actually increase the number cy made money: If you wanted to call agreement by rating agencies that sign of credit rating agencies in the marin and get their rating of an insurance it, let alone those agencies that are not ketplace so investors can decide. So it company, you had to pay them money signatories. H.R. 2990 holds credit rat- is a free market piece of legislation. to get that information. They made ing firms accountable and requires ad- What Mr. KANJORSKI’s bill does is re- money for every call into their office. herence to the credit rating firm’s stat- tain the status quo that is anti- So they put out a fancy press release ed methodologies. competitive, and beyond that, it has no on an insurance company or on insur- Third, there already have been nu- accountability. It is a voluntary re- ance company ratings at large, drum merous hearings in the Financial Serv- gime which Mr. KANJORSKI endorses, up free media coverage, get people call- ices Committee in the 108th and 109th without any real mechanism of ening in, and by the calls, make a lot of Congresses. No less than five, dozens of forcement, and beyond that, it codifies money. In the process, I believe they witnesses have been called to testify this chicken and egg problem within were often very unfair in their ratings before the committee, and close to 1,000 the credit rating agencies today. and giving a falsely ominous impres- pages of recorded and transcribed testi- You have to be a nationally recog- sion of the solvency status of the insur- mony. The Financial Services Com- nized credit rating rated agency in ance companies. mittee has been diligent in holding order to be a national recognized credit So this thing, while bad for investors, hearings on this important issue. agency. Now here is the deal. You can it may be bad for companies too be- Mr. Chairman, in the wake of a sem- operate all you want and call yourself cause in this proliferation of unregu- inal failure by S&P and Moody’s in the a nationally recognized credit rating lated rating agencies, you are going to Enron and WorldCom scandals, we rated agency, but unless you are recog- have some rating agencies that just must ensure integrity in the credit rat- nized by the SEC you cannot operate. love to tell a terrible story, irrespec- ings process. This bill would inject So, therefore, you are codifying in tive of whether it is fair or whether it greater competition, transparency and law a very complicated procedure that is not. accountability in the credit rating in- the SEC has put in place. It says you So really disconnecting from the Se- dustry. As a result, prices and anti- cannot actually function in the mar- curities and Exchange Commission and competitive practices will be reduced, ketplace without the SEC endorsing it, to have the majority in the House run credit ratings quality will improve, and but in order to get the SEC to endorse this deregulation of rating agencies, ul- firms will innovate. you, you have to be in the marketplace timately so critical to the function of Mr. Chairman, I strongly urge a ‘‘no’’ and operating. So, in essence, we have our financial markets, is, frankly, just vote on the substitute amendment. a very complicated piece of procedure a little nutty, not well founded, not Mr. KANJORSKI. Mr. Chairman, may that the SEC’s put in place that is well thought out; and it is an idea that I inquire as to how many speakers are anticompetitive. ought to be cured by the passage of the on the other side. Beyond that, Mr. Speaker, in conclu- substitute, which basically brings it Mr. BAKER. Mr. Chairman, how sion, I would say that what the gen- back in line with the quality assurance much time is remaining? tleman from Pennsylvania is offering of nationally registered statistical rat- The Acting CHAIRMAN. The gen- in the nature of a substitute is a ques- ing agencies. tleman from Pennsylvania (Mr. KAN- tion of who, not what. This is truly

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.066 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5093 about politics today. I think it is a sound manner possible. What we now Lipinski Obey Sherman question of who is sponsoring the legis- know about the function of the credit Lofgren, Zoe Olver Skelton Lowey Ortiz Smith (WA) lation, who is moving the legislation, rating agencies over the past decade is Lynch Owens Snyder not what the underlying legislation their performance has been less than Maloney Pallone Solis does. what we should expect. In fact, days Markey Pascrell Spratt Marshall Pastor Stark I would ask my colleague to vote before corporate failures, they contin- Matheson Payne with us on final passage, to move for- Strickland ued to report the highest investment Matsui Pelosi Stupak McCarthy Peterson (MN) ward past this substitute and let us do grade analysis on many troubled com- Tanner McCollum (MN) Pomeroy the business of the House and the busi- panies. We know that we must act to Tauscher McDermott Price (NC) ness of the people and endorse a free ensure that pension fund investors, McGovern Rahall Taylor (MS) market solution. managers of perhaps rather large pub- McIntyre Rangel Thompson (CA) Thompson (MS) Mr. KANJORSKI. Mr. Chairman, I lic schoolteacher or public employee McKinney Reyes Meehan Ross Tierney think I have the right to close, so I will investment funds have the best tools Meek (FL) Rothman Towns reserve my time. available to ensure that innocent third Meeks (NY) Roybal-Allard Udall (CO) The Acting CHAIRMAN. The gen- parties are not harmed by abhorrent Melancon Ruppersberger Udall (NM) tleman from Louisiana (Mr. BAKER) has actors in the capital markets. Michaud Rush Van Hollen Millender- Ryan (OH) Vela´ zquez the right to close. I can assure my colleagues that this McDonald Sabo Visclosky Mr. KANJORSKI. Mr. Chairman, I proposal moves us in an improved di- Miller (NC) Salazar Wasserman yield myself the balance of the time. rection. Certainly, any legislation can Miller, George Sa´ nchez, Linda Schultz Mr. Chairman, I listened to the last Mollohan T. Waters be improved upon, but the bill we have Moore (KS) Sanchez, Loretta speaker with somewhat dismay. He Watt before us is fully warranted, fully justi- Moore (WI) Sanders Waxman Moran (VA) tended to quote a lot of votes. Yes, fied, and it is now timely for this Schakowsky Weiner Murtha Schiff there was a vote that passed this on Wexler House to act. Nadler Schwartz (PA) Woolsey from the committee to the floor, and I commend Chairman OXLEY for his Napolitano Scott (GA) after the preceding vote that was held Neal (MA) Scott (VA) Wu continued leadership in trying to bring Wynn by the committee on the substitute he out fiscal accountability in the capital Oberstar Serrano failed to inform the House that there markets. I commend Mr. FITZPATRICK NOES—222 were 35 against the substitute, 31 in for his hard work on this measure. But favor of the substitute. This did not Aderholt Foley Lucas I ask this House to turn down the Kan- Akin Forbes Lungren, Daniel come out of the committee without jorski substitute and adopt H.R. 2990 as Alexander Fortenberry E. contention. It came out on the voice recommended by the Financial Serv- Bachus Fossella Mack vote because we saw the count was 35– ices Committee. Baker Foxx Manzullo 31. We did not call for a vote. Barrett (SC) Franks (AZ) Marchant Mr. Chairman, I yield back my time. Bartlett (MD) Frelinghuysen McCaul (TX) Secondly, the gentleman charges my The Acting CHAIRMAN. The ques- Barton (TX) Gallegly McCotter suggestion of the substitute as a defini- Bass Garrett (NJ) McCrery tion is on the amendment offered by Beauprez Gerlach McHenry tion to define and maintain the status the gentleman from Pennsylvania (Mr. quo. Either he has not looked at the Biggert Gibbons McHugh KANJORSKI). Bilbray Gilchrest McKeon substitute or we define the status quo The question was taken; and the Act- Bilirakis Gillmor McMorris in different proportions because this Bishop (UT) Gingrey Mica ing Chairman announced that the noes substitute does several things. Blackburn Gohmert Miller (FL) appeared to have it. Blunt Goode Miller (MI) First and foremost, it would require Boehlert Goodlatte Miller, Gary the Securities and Exchange Commis- RECORDED VOTE Boehner Granger Moran (KS) sion to complete its definitional rule- Mr. KANJORSKI. Mr. Chairman, I Bonilla Graves Murphy demand a recorded vote. Bonner Green (WI) Musgrave making of what constitutes an ap- Bono Gutknecht Myrick proved rating agency within 60 days of A recorded vote was ordered. Boozman Hall Neugebauer enactment. That does not give them The vote was taken by electronic de- Boustany Harris Ney unlimited time to continue to pursue. vice, and there were—ayes 198, noes 222, Bradley (NH) Hart Norwood Brady (TX) Hastings (WA) Nunes Within 60 days they have to have the not voting 12, as follows: Brown (SC) Hayes Nussle definition. [Roll No. 367] Brown-Waite, Hayworth Osborne Ginny Hefley Otter The second position, it would require AYES—198 the commission to establish public Burgess Hensarling Oxley Abercrombie Conyers Grijalva Burton (IN) Herger Paul guidelines about the process used to Ackerman Cooper Gutierrez Buyer Hobson Pearce identify new nationally recognized Allen Costa Harman Calvert Hoekstra Pence agencies within 180 days of enactment, Andrews Costello Hastings (FL) Camp (MI) Hostettler Petri Baca Cramer Herseth Campbell (CA) Hulshof Pickering within 6 months. That is hardly the Baird Crowley Higgins Cannon Hunter Pitts status quo. Baldwin Cuellar Hinchey Cantor Hyde Poe Then, finally, we would encourage Barrow Cummings Hinojosa Capito Inglis (SC) Pombo continuation and participation of the Bean Davis (AL) Holden Carter Issa Porter Becerra Davis (CA) Holt Castle Istook Price (GA) parties to expedite and complete a vol- Berkley Davis (FL) Honda Chabot Jenkins Pryce (OH) untary framework to improve the dis- Berman Davis (IL) Hooley Chocola Jindal Putnam cipline and enhance rating quality. Berry Davis (TN) Hoyer Coble Johnson (CT) Radanovich Bishop (GA) DeFazio Inslee Cole (OK) Johnson (IL) Ramstad This substitute accomplishes several Bishop (NY) DeGette Israel Conaway Johnson, Sam Regula things, moves the process along but Blumenauer Delahunt Jackson (IL) Crenshaw Jones (NC) Rehberg does not create an entire new entity Boren DeLauro Jackson-Lee Cubin Keller Reichert and process which is contradictory to Boswell Dicks (TX) Davis (KY) Kelly Renzi Boucher Dingell Jefferson Davis, Tom Kennedy (MN) Reynolds international agreements and other Boyd Doggett Johnson, E. B. Deal (GA) King (IA) Rogers (AL) conditions held throughout the world. Brady (PA) Doyle Jones (OH) Dent King (NY) Rogers (KY) I urge the adoption of the substitute. Brown (OH) Edwards Kanjorski Diaz-Balart, L. Kingston Rogers (MI) Mr. BAKER. Mr. Chairman, I yield Brown, Corrine Emanuel Kaptur Diaz-Balart, M. Kirk Rohrabacher Butterfield Engel Kennedy (RI) Doolittle Kline Royce myself the remaining time. Capps Eshoo Kildee Drake Knollenberg Ryan (WI) Mr. Chairman, it is appropriate, I Capuano Etheridge Kilpatrick (MI) Dreier Kolbe Ryun (KS) think, to perhaps review the subject Cardin Farr Kind Duncan Kuhl (NY) Saxton Cardoza Fattah Kucinich Ehlers LaHood Schmidt matter at hand from a little higher al- Carnahan Filner Langevin Emerson Latham Schwarz (MI) titude than the debate has taken us. Carson Ford Lantos English (PA) LaTourette Sensenbrenner We have an obligation in this House Case Frank (MA) Larsen (WA) Everett Leach Shadegg to ensure that hardworking American Chandler Gonzalez Larson (CT) Feeney Lewis (CA) Shaw Clay Gordon Lee Ferguson Lewis (KY) Shays families who invest their money in the Cleaver Green, Al Levin Fitzpatrick (PA) Linder Sherwood markets can do so in the most safe and Clyburn Green, Gene Lewis (GA) Flake LoBiondo Shimkus

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.067 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5094 CONGRESSIONAL RECORD — HOUSE July 12, 2006 Shuster Taylor (NC) Weldon (PA) [Roll No. 368] Clay Kaptur Payne Simmons Terry Weller Cleaver Kennedy (RI) Pelosi Simpson Thomas Westmoreland AYES—255 Clyburn Kildee Pomeroy Smith (NJ) Thornberry Whitfield Aderholt Gallegly Ney Conyers Kilpatrick (MI) Price (NC) Smith (TX) Tiberi Wicker Akin Garrett (NJ) Norwood Cooper Kind Rahall Sodrel Turner Wilson (NM) Alexander Gerlach Nunes Costello Kucinich Rangel Souder Upton Wilson (SC) Allen Gibbons Nussle Crowley Langevin Ross Stearns Walden (OR) Wolf Andrews Gilchrest Ortiz Cummings Lantos Rothman Sullivan Walsh Davis (AL) Larsen (WA) Young (AK) Bachus Gillmor Osborne Roybal-Allard Sweeney Wamp Davis (CA) Larson (CT) Young (FL) Baker Gingrey Otter Rush Tancredo Weldon (FL) Barrett (SC) Gohmert Oxley Davis (FL) Lee Sabo Davis (IL) Levin NOT VOTING—12 Bartlett (MD) Goode Paul Sa´ nchez, Linda Barton (TX) Goodlatte Pearce Davis (TN) Lewis (GA) T. DeFazio Lipinski Culberson Northup Sessions Bass Gordon Pence Sanchez, Loretta DeGette Lofgren, Zoe Davis, Jo Ann Peterson (PA) Slaughter Bean Granger Peterson (MN) Sanders Evans Platts Tiahrt Delahunt Lowey Beauprez Graves Peterson (PA) Schakowsky McNulty Ros-Lehtinen Watson DeLauro Lynch Biggert Green (WI) Petri Schiff Dingell Maloney Bilbray Green, Gene Pickering Schwartz (PA) b 1503 Doggett Markey Bilirakis Gutknecht Pitts Scott (GA) Doyle Marshall Mr. CARTER and Mr. HEFLEY Bishop (UT) Hall Poe Scott (VA) Emanuel Matsui Blackburn Harris Pombo Serrano changed their vote from ‘‘aye’’ to ‘‘no.’’ Engel McCarthy Blunt Hart Porter So the amendment was rejected. Eshoo McCollum (MN) Sherman Boehlert Hastings (WA) Price (GA) The result of the vote was announced Etheridge McDermott Skelton Boehner Hayes Pryce (OH) Smith (WA) as above recorded. Bonilla Hayworth Farr McGovern Putnam Filner McKinney Solis The Acting CHAIRMAN. The ques- Bonner Hefley Radanovich Spratt Bono Hensarling Frank (MA) Meehan tion is on the committee amendment Ramstad Stark Boozman Herger Gonzalez Meek (FL) Regula Strickland in the nature of a substitute, as amend- Boren Hinojosa Green, Al Meeks (NY) Rehberg Stupak ed. Boustany Hobson Grijalva Melancon Reichert Taylor (MS) Boyd Hoekstra Gutierrez Michaud The committee amendment in the Renzi Thompson (CA) Bradley (NH) Hostettler Harman Millender- nature of a substitute, as amended, was Reyes Thompson (MS) Brady (TX) Hulshof Hastings (FL) McDonald Reynolds Tierney agreed to. Brown (SC) Hunter Herseth Miller (NC) Rogers (AL) Towns The Acting CHAIRMAN. Under the Brown-Waite, Hyde Higgins Miller, George Rogers (KY) Udall (CO) rule, the Committee rises. Ginny Inglis (SC) Hinchey Mollohan Rogers (MI) Udall (NM) Burgess Inslee Holden Moore (WI) Accordingly, the Committee rose; Rohrabacher Van Hollen Burton (IN) Issa Holt Moran (VA) and the Speaker pro tempore (Mr. Royce ´ Butterfield Istook Honda Murtha Velazquez Ruppersberger MCHUGH) having assumed the chair, Buyer Jenkins Hooley Nadler Visclosky Ryan (OH) Mr. SWEENEY, Acting Chairman of the Calvert Jindal Hoyer Napolitano Wasserman Ryan (WI) Camp (MI) Johnson (CT) Israel Neal (MA) Schultz Committee of the Whole House on the Ryun (KS) Campbell (CA) Johnson (IL) Jackson (IL) Oberstar Waters State of the Union, reported that the Salazar Cannon Johnson, Sam Jackson-Lee Obey Watt Committee, having had under consider- Cantor Jones (NC) Saxton (TX) Olver Waxman ation the bill (H.R. 2990) to improve Capito Keller Schmidt Jefferson Owens Weiner Cardoza Kelly Schwarz (MI) Johnson, E. B. Pallone Woolsey ratings quality by fostering competi- Sensenbrenner Jones (OH) Pascrell Wu tion, transparency, and accountability Carter Kennedy (MN) Case King (IA) Shadegg Kanjorski Pastor Wynn in the credit rating agency industry, Shaw Castle King (NY) NOT VOTING—11 pursuant to House Resolution 906, he Chabot Kingston Shays reported the bill back to the House Chocola Kirk Sherwood Davis, Jo Ann Northup Slaughter Coble Kline Shimkus Evans Platts Tiahrt with an amendment adopted by the Cole (OK) Knollenberg Shuster Fattah Ros-Lehtinen Watson Committee of the Whole. Conaway Kolbe Simmons McNulty Sessions The SPEAKER pro tempore. Under Costa Kuhl (NY) Simpson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the rule, the previous question is or- Cramer LaHood Smith (NJ) Crenshaw Latham Smith (TX) The SPEAKER pro tempore (during dered. Snyder Is a separate vote demanded on the Cubin LaTourette the vote). There are 2 minutes remain- Cuellar Leach Sodrel ing in this vote. amendment to the committee amend- Culberson Lewis (CA) Souder ment in the nature of a substitute Davis (KY) Lewis (KY) Stearns b 1521 adopted by the Committee of the Davis, Tom Linder Sullivan Deal (GA) LoBiondo Sweeney Mr. COSTELLO, Ms. CORRINE Whole? If not, the question is on the Dent Lucas Tancredo BROWN of Florida, and Mr. MEEKS of committee amendment in the nature of Diaz-Balart, L. Lungren, Daniel Tanner New York changed their vote from Diaz-Balart, M. E. Tauscher a substitute. ‘‘aye’’ to ‘‘no.’’ The committee amendment in the Dicks Mack Taylor (NC) Doolittle Manzullo Terry So the bill was passed. nature of a substitute was agreed to. Drake Marchant Thomas The SPEAKER pro tempore. The The result of the vote was announced Dreier Matheson Thornberry as above recorded. question is on the engrossment and Duncan McCaul (TX) Tiberi third reading of the bill. Edwards McCotter Turner A motion to reconsider was laid on The bill was ordered to be engrossed Ehlers McCrery Upton the table. Emerson McHenry Walden (OR) and read a third time, and was read the English (PA) McHugh Walsh f third time. Everett McIntyre Wamp TO STUDY AND PROMOTE THE The SPEAKER pro tempore. The Feeney McKeon Weldon (FL) Ferguson McMorris Weldon (PA) USE OF ENERGY EFFICIENT question is on the passage of the bill. COMPUTER SERVERS IN THE The question was taken; and the Fitzpatrick (PA) Mica Weller Flake Miller (FL) Westmoreland UNITED STATES Speaker pro tempore announced that Foley Miller (MI) Wexler the ayes appeared to have it. Forbes Miller, Gary Whitfield The SPEAKER pro tempore (Mr. Ford Moore (KS) Wicker RECORDED VOTE SWEENEY). The unfinished business is Fortenberry Moran (KS) Wilson (NM) the question of suspending the rules Mr. OXLEY. Mr. Speaker, I demand a Fossella Murphy Wilson (SC) recorded vote. Foxx Musgrave Wolf and passing the bill, H.R. 5646, as A recorded vote was ordered. Franks (AZ) Myrick Young (AK) amended. The SPEAKER pro tempore. Pursu- Frelinghuysen Neugebauer Young (FL) The Clerk read the title of the bill. The SPEAKER pro tempore. The ant to clause 8 of rule XX, this 15- NOES—166 minute vote on passage of H.R. 2990 question is on the motion offered by Abercrombie Berman Brown (OH) will be followed by a 5-minute vote on Ackerman Berry Brown, Corrine the gentleman from Michigan (Mr. the motion to suspend the rules on Baca Bishop (GA) Capps ROGERS) that the House suspend the H.R. 5646. Baird Bishop (NY) Capuano rules and pass the bill, H.R. 5646, as The vote was taken by electronic de- Baldwin Blumenauer Cardin amended, on which the yeas and nays Barrow Boswell Carnahan vice, and there were—ayes 255, noes 166, Becerra Boucher Carson are ordered. not voting 11, as follows: Berkley Brady (PA) Chandler This will be a 5-minute vote.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.015 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5095 The vote was taken by electronic de- Moran (VA) Reyes Stearns There was no objection. Murphy Reynolds Strickland vice, and there were—yeas 417, nays 4, Murtha Rogers (AL) Stupak not voting 11, as follows: Musgrave Rogers (KY) Sullivan f Myrick Rogers (MI) Sweeney [Roll No. 369] Nadler Rohrabacher Tancredo WE MUST DO BETTER FOR OUR YEAS—417 Napolitano Ross Tanner Neal (MA) Rothman Tauscher SENIORS Abercrombie Davis (FL) Israel Neugebauer Roybal-Allard Taylor (MS) (Mr. LIPINSKI asked and was given Ackerman Davis (IL) Issa Ney Royce Taylor (NC) Aderholt Davis (KY) Istook Norwood Ruppersberger Terry permission to address the House for 1 Akin Davis (TN) Jackson (IL) Nunes Rush Thomas minute and to revise and extend his re- Alexander Davis, Tom Jackson-Lee Nussle Ryan (OH) Thompson (CA) marks.) Allen Deal (GA) (TX) Oberstar Ryan (WI) Thompson (MS) Mr. LIPINSKI. Mr. Speaker, the Gov- Andrews DeFazio Jefferson Obey Ryun (KS) Thornberry Baca DeGette Jenkins Olver Sabo Tiberi ernment Accountability Office recently Bachus Delahunt Jindal Ortiz Salazar Tierney released a report showing that Medi- Baird DeLauro Johnson (CT) Osborne Sa´ nchez, Linda Towns care providers are failing our seniors Baker Dent Johnson (IL) Otter T. Turner Baldwin Diaz-Balart, L. Johnson, E. B. Owens Sanchez, Loretta Udall (CO) when it comes to providing informa- Barrett (SC) Diaz-Balart, M. Johnson, Sam Oxley Saxton Udall (NM) tion about their prescription drug cov- Barrow Dicks Jones (OH) Pallone Schakowsky Upton erage. The GAO report says that the Bartlett (MD) Dingell Kanjorski Pascrell Schiff Van Hollen phone centers operated by private Barton (TX) Doggett Kaptur Pastor Schmidt Vela´ zquez Bass Doolittle Keller Payne Schwartz (PA) Visclosky Medicare providers gave accurate and Bean Doyle Kelly Pearce Schwarz (MI) Walden (OR) complete answers only one-third of the Beauprez Drake Kennedy (MN) Pelosi Scott (GA) Walsh time when people called. On more than Becerra Dreier Kennedy (RI) Pence Scott (VA) Wamp Berkley Duncan Kildee Peterson (MN) Sensenbrenner Wasserman half of the calls, inaccurate or incom- Berman Edwards Kilpatrick (MI) Peterson (PA) Serrano Schultz plete information was given, and in 15 Berry Ehlers Kind Petri Shadegg Waters percent of the calls, no information Biggert Emanuel King (IA) Pitts Shaw Watt was given. Bilbray Emerson King (NY) Platts Shays Waxman Bilirakis Engel Kingston Poe Sherman Weiner It is absolutely inexcusable that pro- Bishop (GA) English (PA) Kirk Pombo Sherwood Weldon (FL) viders seem to be incapable or unwill- Bishop (NY) Eshoo Kline Pomeroy Shimkus Weldon (PA) ing to provide beneficiaries with good Bishop (UT) Etheridge Knollenberg Porter Shuster Weller Blackburn Everett Kolbe Price (GA) Simmons Westmoreland information. Our seniors should not be Blumenauer Farr Kucinich Price (NC) Simpson Wexler treated like this. Medicare must guar- Blunt Feeney Kuhl (NY) Pryce (OH) Skelton Whitfield antee that these providers give accu- Boehlert Ferguson LaHood Putnam Smith (NJ) Wicker rate and complete information. Boehner Filner Langevin Radanovich Smith (TX) Wilson (NM) Bonilla Fitzpatrick (PA) Lantos Rahall Smith (WA) Wilson (SC) But this also points out another Bonner Foley Larsen (WA) Ramstad Snyder Wolf problem. If Medicare providers do not Bono Forbes Larson (CT) Rangel Sodrel Woolsey yet understand these plans, how can Boozman Ford Latham Regula Solis Wu Boren Fortenberry LaTourette Rehberg Souder Wynn our seniors? Congress must act to give Boswell Fossella Leach Reichert Spratt Young (AK) seniors more time to sign up for a drug Boucher Foxx Lee Renzi Stark Young (FL) plan without the lifelong penalty they Boustany Frank (MA) Levin Boyd Franks (AZ) Lewis (CA) NAYS—4 are now facing. Seniors should also be Bradley (NH) Frelinghuysen Lewis (GA) Flake Paul given a chance, if they have a plan that Brady (PA) Gallegly Lewis (KY) Jones (NC) Pickering is not working for them, to imme- Brady (TX) Garrett (NJ) Linder diately change that plan. We see there Brown (OH) Gerlach Lipinski NOT VOTING—11 Brown (SC) Gibbons LoBiondo are many problems with this program. Davis, Jo Ann Northup Slaughter Brown, Corrine Gilchrest Lofgren, Zoe Evans Ros-Lehtinen Seniors need to be given more time. Brown-Waite, Gillmor Lowey Tiahrt Fattah Sanders Mr. Speaker, we must do better for Ginny Gingrey Lucas Watson McNulty Sessions Burgess Gohmert Lungren, Daniel our seniors. Burton (IN) Gonzalez E. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Butterfield Goode Lynch f Buyer Goodlatte Mack The SPEAKER pro tempore. There Calvert Gordon Maloney are 2 minutes remaining in this vote. Camp (MI) Granger Manzullo ANNOUNCEMENT BY THE SPEAKER Campbell (CA) Graves Marchant b 1530 PRO TEMPORE Cannon Green (WI) Markey Cantor Green, Al Marshall So (two-thirds of those voting having The SPEAKER pro tempore (Mr. Capito Green, Gene Matheson responded in the affirmative) the rules JINDAL). The Chair will remind all per- Capps Grijalva Matsui were suspended and the bill, as amend- sons in the gallery that they are here Capuano Gutierrez McCarthy ed, was passed. Cardin Gutknecht McCaul (TX) as guests of the House and any mani- Cardoza Hall McCollum (MN) The result of the vote was announced festation of approval or disapproval of Carnahan Harman McCotter as above recorded. proceedings or other audible conversa- Carson Harris McCrery A motion to reconsider was laid on tion is in violation of the rules of the Carter Hart McDermott Case Hastings (FL) McGovern the table. House. Castle Hastings (WA) McHenry f Chabot Hayes McHugh f Chandler Hayworth McIntyre AUTHORIZING THE CLERK TO Chocola Hefley McKeon Clay Hensarling McKinney MAKE CORRECTIONS IN EN- SPECIAL ORDERS Cleaver Herger McMorris GROSSMENT OF H.R. 2990, CREDIT The SPEAKER pro tempore. Under Clyburn Herseth Meehan RATING AGENCY DUOPOLY RE- the Speaker’s announced policy of Jan- Coble Higgins Meek (FL) LIEF ACT OF 2006 Cole (OK) Hinchey Meeks (NY) uary 4, 2005, and under a previous order Conaway Hinojosa Melancon Mr. OXLEY. Mr. Speaker, I ask unan- of the House, the following Members Conyers Hobson Mica imous consent that in the engrossment will be recognized for 5 minutes each. Cooper Hoekstra Michaud Costa Holden Millender- of the bill, H.R. 2990, the Clerk be au- Costello Holt McDonald thorized to correct section numbers, f Cramer Honda Miller (FL) punctuation, and cross-references and The SPEAKER pro tempore. Under a Crenshaw Hooley Miller (MI) Crowley Hostettler Miller (NC) to make such other technical and con- previous order of the House, the gen- Cubin Hoyer Miller, Gary forming changes as may be necessary tleman from Nebraska (Mr. OSBORNE) is Cuellar Hulshof Miller, George to reflect the actions of the House. recognized for 5 minutes. Culberson Hunter Mollohan The SPEAKER pro tempore. Is there (Mr. OSBORNE addressed the House. Cummings Hyde Moore (KS) Davis (AL) Inglis (SC) Moore (WI) objection to the request of the gen- His remarks will appear hereafter in Davis (CA) Inslee Moran (KS) tleman from Ohio? the Extensions of Remarks.)

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.073 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5096 CONGRESSIONAL RECORD — HOUSE July 12, 2006 SILENT BACK DOOR OF ILLEGAL smugglers, and the human smugglers IRAQ OCCUPATION ENTRY—PUERTO RICO have yet to be prosecuted. It is so lu- Mr. MCDERMOTT. Mr. Speaker, I ask Mr. POE. Mr. Speaker, I ask unani- crative smuggling humans in the unanimous consent to claim Mr. mous consent to take Mr. OSBORNE’s United States that it pays even more BROWN’s time. time. than trafficking drugs. The SPEAKER pro tempore. Without The SPEAKER pro tempore. Without But the most dangerous cargo are objection, the gentleman from Wash- objection, the gentleman from Texas is possible terrorists from Middle Eastern ington is recognized for 5 minutes. recognized for 5 minutes. countries, China and Korea, that are There was no objection. There was no objection. easily masked by the thousands who Mr. MCDERMOTT. Mr. Speaker, the Mr. POE. Mr. Speaker, more news rush the border monthly, thousands bodies of 20 kidnapped and murdered from the front: The border war con- who rush the beaches; and Puerto bus drivers were found in Iraq today. tinues. Our terrorist field hearings last Rico’s leaders are worried that the is- That occurred just before a suicide week proved one thing: The vulner- land’s drug traffickers could collabo- bomber walked into a Baghdad res- abilities on our southern border are rate with terrorist organizations. Be- taurant and blew himself up, killing monumental. But it is not just our cause, you see, once people get to Puer- seven people. southern border coming under attack. to Rico, they are home free to the rest Then Secretary of Defense Don It is Puerto Rico, that silent back door of America if they do not stay in the Rumsfeld arrived on an unannounced of illegal entry into America. Puerto Rico vicinity. They could stay visit and said: ‘‘Each time I come to This is something that we should be there and destroy vital infrastructure Iraq, I see progress.’’ That is a direct concerned with. Border agents there re- that we have in Puerto Rico. For exam- quote from the UPI. port a staggering lack of security. In ple, one of the two insulin plants that Iraq is convulsed by sectarian vio- fact, you can count on one hand the exist in the whole world is in Puerto lence. It is a nation disintegrating into number of field agents that they have Rico. homicidal chaos. It is a killing zone in Puerto Rico on patrol at any given And, of course, Puerto Rico is unique where Iraqi citizens purchase fake doc- time. Only four active patrol agents because it has a cruise business. We uments in hopes of staying alive if con- patrol this island at once, and they don’t have much of a cruise business fronted by militias. It is a place where only have 23 agents on the whole island down on the Texas-Mexico border with the killing has moved from the streets assigned to patrol an island with 363 the Rio Grande River, but they cer- to inside the homes of Iraqi citizens. It miles of coastline. These field agents tainly have a cruise business in Puerto is a country whose leaders acknowl- find themselves isolated with these Rico. It makes a unique security prob- edge it is on the brink of all-out civil limited resources. Our government lem for the United States, so we cer- war, and the President’s secretary of even cherry-picks border agents there tainly need to beef up border security war, the man controlling the fate of to send them to other spots, like our in this area. 129,000 U.S. soldiers in Iraq stands up southwestern border. Once in Puerto Rico, illegal immi- and flat out misleads the troops who What could be more vulnerable than grants easily obtain false identifica- don’t get to go home to the United one agent patrolling 90 miles of coast- tion like birth certificates and driver’s States at the end of the day like Mr. line? Even the Blackhawk helicopters licenses. They fraudulently claim on Rumsfeld does. that they used to use are so broken these birth certificates and driver’s li- America’s independent government down they don’t even fly anymore. censes that they are U.S. citizens. So watchdog agency, the Government Ac- While we watch the southern border, once they have convinced individuals countability Office, just released a re- the human smugglers, narcotics traf- at the border they are U.S. citizens, port that confirmed what everyone ex- fickers; and terrorists are not only they easily assimilate into America. cept the President and his political ap- watching our southern border, they are One official says getting a fake docu- pointees already know: There is no ade- watching Puerto Rico, knowing it is an ment in Puerto Rico is like getting a quate plan to stabilize Iraq, and the oc- easy, back door gateway to America. candy out of a candy jar. cupation by U.S. forces is fueling the With rumors of amnesty spreading And airport security is not an obsta- sectarian violence. throughout the world, especially Latin cle either. At the airport on the north- Rumsfeld can claim things are get- America and Asia, human smugglers west portion of the island, the 4:00 a.m. ting better to reporters while standing are seizing the moment, causing crime flight to the mainland of the United inside a fortified U.S. base, but that and violence at the borders to sky- States, it is always full of people, but flies in the face of the facts. U.S. troop rocket. the Border Patrol is never there be- strength in Baghdad has been increased This year Federal immigration offi- cause they don’t have enough agents to from 40,000 to 55,000 people. The Los cials say the waters off of Puerto Rico cover that portion and time zone. Angeles Times reported on Sunday are filled with more human cargo than Mr. Speaker, Puerto Rico is an im- about rampant corruption inside the they have ever seen before. The tiny is- portant part of America. It enjoys a Iraqi security forces, including direct land just off Puerto Rico’s coast, Mona unique relationship with the conti- ties to the insurgents. Island, is a jumping-off spot for people nental United States. It is part of Our soldiers are becoming surrounded who wish to illegally enter America. America’s homeland, and it is worth by a growing insurgency, and the civil- Last year, it was the site of more protecting from the sea of invasion by ian leader says things are getting bet- than 6,500 arrests of illegals traveling illegals. ter. on rickety wooden boats called yolas. It is important that we have more Secretary Rumsfeld was going to They storm Puerto Rico’s beaches as if border agents in Puerto Rico, and meet with Iraqi government leaders to they were troops landing at Normandy Puerto Rico needs the services of the tell them how to deal with the crisis. or the Marines in World War II as they U.S. Coast Guard. It cannot become the He told reporters he was going to tell island-hopped in the Pacific. silent back door of illegal entry into the Iraqi leaders to do this: ‘‘They are Out of 10 illegals that are crammed the United States. It is a homeland se- going to have to persuade as many peo- on one of these boats, border agents curity problem, it is a border security ple as possible that it is in their inter- say they are lucky if they are able to problem, and it is a national security est to support the government and par- capture two of them. And the smug- problem. ticipate in the political process.’’ He glers who arrange these deadly and il- And that’s just the way it is. went on to say, ‘‘And anyone who legal invasions into Puerto Rico have f doesn’t want to, they’re going to have seen a spike in their business. The SPEAKER pro tempore. Under a to go find and do something about.’’ In 2001, for example, less than five previous order of the House, the gen- He neglected to say that plan was Cubans were captured on Mona Island tleman from Ohio (Mr. BROWN) is rec- tried and failed last month. It was illegally entering the United States. ognized for 5 minutes. called Operation Forward Together, But in the past 9 months, almost 600 (Mr. BROWN of Ohio addressed the and it didn’t work. How could it? have arrived; and they pay between House. His remarks will appear here- The presence of an occupying force is $1,500 and $2,000 apiece to their human after in the Extensions of Remarks.) fueling the violence. And despite the

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.077 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5097 fact there are 267,000 Iraqi security Long, a decorated World War II veteran ful service to his country during World forces, the American people are told re- and a successful businessman. He has War II. His story should be an inspira- peatedly that they cannot defend Iraq dedicated his life to serving his coun- tion for us all. on their own. try, his community and his family, and f Three years later, the only plan the that is why I honor him today. CLOSING OF CIA’S BIN LADEN President and the secretary of war can Long before Doc owned many suc- UNIT articulate is to ‘‘stay indefinitely.’’ cessful family businesses in North Our military generals know full well Carolina, he served in the highly deco- The SPEAKER pro tempore. Under a this so-called plan guarantees more rated 79th Infantry Division in the U.S. previous order of the House, the gentle- needless U.S. casualties, and Iraqi lead- Army. Every living American directly woman from California (Ms. WOOLSEY) ers know it guarantees more sectarian benefits from the actions of the men of is recognized for 5 minutes. violence. the 79th, and the many military units Ms. WOOLSEY. Mr. Speaker, the In the past, I and others have called of the World War II era. more President Bush entangles this for the resignation of the Defense Sec- While in France, Doc was wounded country of ours in the Iraq occupation, retary, Mr. Rumsfeld. Today, I offer a when he was hit in the left side of his the less committed it seems he is to better plan. The President should keep chest. As he lay in the cold night for 18 the real national security threat we his political appointee. In fact, the hours, he was wounded again. When he face, global terrorism, al Qaeda and President should transfer Secretary was found the next morning and taken Osama bin Laden. Over the holiday weekend, when few Rumsfeld to Iraq. He should be sta- to the aid station, his clothes and people were paying attention, it was tioned there until every last U.S. sol- shoes had been cut off. But his personal reported that the CIA has closed down dier leaves the Nation we are now occu- belongings, just a wallet and a small ‘‘Alec Station,’’ its special unit that pying. pocket New Testament with his name was charged specifically with tracking inscribed on the front, were saved. b 1545 After a few days, Doc noticed that down and capturing Bin Laden. We’ve sure come a long way since the The Secretary says he sees progress his Bible, which was given to him by immediate aftermath of 9/11, when the every time he visits. Imagine what he his aunt, had been hit by a piece of President promised to get him, dead or might see by actually living and work- shrapnel which went through the en- alive. So much for Sheriff Bush. The ing there. tire Bible but caught the outer binding. There is no higher priority for the tabloids are doing a better job of hunt- Doc stated that the Bible, which he ing down Tom Cruise’s baby than this President, the U.S. military and Amer- kept close to his heart, was a gift of ica these days than Iraq. It stands to administration is at finding bin Laden. life because it prevented the shrapnel But this latest decision is of a piece reason that the President’s military from piercing his heart. appointee should be directly able to re- with the Bush approach to bin Laden. After he was wounded Doc was In the fall of 2001, he had bin Laden port for duty in Baghdad. Rumsfeld awarded the Purple Heart with the Oak cornered at Tora Bora, but the Presi- could personally work with the leaders Leaf Cluster, in addition to numerous dent let him get away by relying on of the Iraq government and show them other medals, including the Bronze local warlords rather than moving how to implement his plan. By working Star, European-African-Middle Eastern American troops in to finish the job. in Iraq, the Secretary could accept di- Campaign Medal, Good Conduct Medal, And a few months later, at a White rect responsibility for generating more American Campaign Medal, World War House press conference, the President’s of what he calls progress every time he II Victory Medal, and the Combat In- cavalier approach to bin Laden was on visits Iraq. He could show America and fantryman Badge. full display. ‘‘I don’t know where he the rest of the world the progress that After the war, Doc started his first is,’’ the President said. ‘‘I just don’t only he and the President pretend to trucking and construction business, spend that much time on him. I truly see. Long Brothers of Summerfield, with am not concerned about him.’’ The only true thing we can say about his brother James. In 1952 the brothers Well, 300 million other Americans are Iraq today is that it is on the brink of started Long’s Asphalt Paving of concerned, and they want to know why dissolving into unspeakable violence. Greensboro. Later Doc and his brother we can spend hundreds of billions of We cannot pretend our way out of split the companies. Since then, Doc’s dollars to occupy and foment civil war Iraq, and we cannot pretend that the children have joined their father in his in Iraq, but we can’t maintain a single Iraqi people believe that our presence business and, with Doc’s help, have intelligence operation office devoted to is stabilizing the country. owned or started their own businesses. apprehending the man responsible for Iraq needs a plan that does not in- Doc and his late wife, Doris West- the murder of thousands of Americans. clude the occupation of that country moreland Long, were married for 44 And this from a President who has by foreign soldiers, including U.S. sol- years. Doris died in 1990, at the age of never missed an opportunity to wave diers. Until this administration admits 66. Together the Longs have three chil- the flag of 9/11, to exploit that tragedy that it cannot shoot its way to victory, dren, Gurney Long, Patty Long-Hill in order to score political points and Iraq will grow more and more violent. and Charles, who passed away unex- justify the reckless use of American If Defense Secretary Rumsfeld was pectedly last year. They also have a power in Iraq. stationed there, America might finally number of grandchildren and great- The evidence is clear. This President get an honest assessment of the war grandchildren. is not serious about fighting terrorism. and a road map to peace. Today, at 82, Doc still loves to par- If he were, he wouldn’t have diverted f ticipate in the business decisions and energy and resources away from the The SPEAKER pro tempore. Under a operations of his founding companies. struggle in order to chase this white previous order of the House, the gen- In 2003, Doc helped two of his grand- whale in Iraq. tleman from North Carolina (Mr. children start a business, and they Saddam Hussein, as we know by now, MCHENRY) is recognized for 5 minutes. proudly adopted his original company was not an ally of bin Laden’s and was (Mr. MCHENRY addressed the House. name, Long Brothers. This company is not a threat to U.S. security. But by His remarks will appear hereafter in now located in Winston-Salem, where invading Iraq, President Bush has the Extensions of Remarks.) they successfully operate 20 trucks and turned that devastated country into a f employ 23 full-time employees. These jihadist breeding ground and made all endeavors are commendable because of us less safe. The Iraq war has cre- HONORING ‘‘DOC’’ LONG only 3 percent of family-owned busi- ated terrorists rather than stopping The SPEAKER pro tempore. Under a nesses ever make it to the third gen- them. previous order of the House, the gentle- eration. There is only one answer. It is time woman from North Carolina (Ms. FOXX) I ask my colleagues to join me in to bring the troops home and end the is recognized for 5 minutes. honoring Doc for his devotion to his occupation of Iraq. Then we can redi- Ms. FOXX. Mr. Speaker, I rise today family, his perseverance in all his busi- rect our resources, military and other- to honor Mr. William Henry ‘‘Doc’’ ness ventures and his honest and faith- wise, toward finding bin Laden and

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.079 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5098 CONGRESSIONAL RECORD — HOUSE July 12, 2006 pursuing a true counterterrorism strat- Fortunately for the traveling public, The administration has also failed to egy, a counterterrorism strategy that the legislation introduced by Congress- ensure the front line employees of rail instead of invading countries willy- man THOMPSON and myself and other and public transportation systems are nilly, makes use of multilateral part- Democratic Members require com- trained on how to prevent, prepare for nerships and strong intelligence capa- prehensive security plans. And let me and respond to a terrorist event. bilities. just say, security should not be a Finally, Mr. Speaker, the administra- That, in addition to toppling the Democratic issue or a Republican tion has failed to devote significant re- Taliban, would be the proper way to re- issue. It should be an American issue. sources to rail and mass transit respond to 9/11. That would be the right Clear up the red tape. Improve training search and development. strategy to meet the national security and exercise programs, improve com- challenge of our time. munications and intelligence, share au- b 1600 f thority and $400 million in security im- Yet we all know that the only way The SPEAKER pro tempore. Under a provement grants per year and add $26 we can truly secure subways and buses, previous order of the House, the gen- million for additional rail inspectors. which carry millions more passengers tleman from Indiana (Mr. BURTON) is Most important, it will help make than airplanes, is through new tech- recognized for 5 minutes. sure our community, our first respond- nologies. (Mr. BURTON of Indiana addressed ers and our rail workers are safe. These To close these security gaps, last the House. His remarks will appear are the concerns I hear over and over month Congresswoman BROWN, myself, hereafter in the Extensions of Re- again as ranking member of the Rail- and other Democrats introduced the marks.) road Subcommittee. And I believe that Rail and Public Transportation Secu- f this legislation takes the necessary rity Act of 2006. This bill will require steps to create a rail security program the Department of Homeland Security RAIL SECURITY that protects passengers and keeps the to secure rail and public transportation The SPEAKER pro tempore. Under a trains running on time. The millions of systems using many of the same tools previous order of the House, the gentle- Americans who use trains and transit it is already using to secure ports. woman from Florida (Ms. CORRINE for travel each year deserve no less. First, this bill requires a National BROWN) is recognized for 5 minutes. f Rail and Public Transportation Secu- Ms. CORRINE BROWN of Florida. rity Plan. Second, the bill requires rail First of all, Mr. Speaker, I want to The SPEAKER pro tempore. Under a previous order of the House, the gen- and public transportation systems to thank Congressman BENNIE THOMPSON submit vulnerability assessments and for his hard work on the Homeland Se- tleman from North Carolina (Mr. JONES) is recognized for 5 minutes. security plans for approval. Third, the curity Committee and for working with bill requires rail and public transpor- the Transportation Committee in de- (Mr. JONES of North Carolina addressed the House. His remarks will ap- tation systems to train their employ- veloping very important and long over- ees on how to prevent, prepare for, and due rail and transit security legisla- pear hereafter in the Extensions of Re- marks.) respond to terrorist attacks. Finally, tion. the bill provides the resources and Yesterday, in India, bomb blasts f manpower needed to truly increase se- ripped through their commuter rail RAIL SECURITY curity. network, killing 142 people and injur- First of all, we plan to provide $400 The SPEAKER pro tempore. Under a ing over 350. This is a terrible tragedy million in authorized expenditures for previous order of the House, the gen- and again raises the serious question as a grant program dedicated to rail and tleman from Mississippi (Mr. THOMP- to whether we are prepared in this public transportation security. Sec- SON) is recognized for 5 minutes. country for a similar attack. Sadly, ondly, we authorize $150 million over Mr. THOMPSON of Mississippi. Mr. the answer is no. No. the next 3 years for advanced research Speaker, last week marked the first When it comes to rail and transit se- and development to uncover new solu- anniversary of the London subway and curity in this country, this administrations to the security threats faced by bus bombing, which killed 56 people tion, the Bush administration, and this rail and public transportation systems. and injured more than 700 others. Congress deserve an F for failing to de- Finally, Mr. Speaker, $26.4 million per Yesterday, we were reminded again velop a plan to protect our daily tran- year is authorized over the next 6 years of the terrorist threat to rail and pub- sit and rail commuters from harm. to hire 1,200 new rail security inspec- lic transportation systems when ter- It has been over 2 years since the tors. For the record, there are only 100 rorists attacked trains in Mubai, India, train bombing in Madrid, 3/11/04, and rail inspectors in the country as we killing over 100 and injuring far more. just last week the 1-year anniversary speak. The victims of these attacks were or- of the transit bombing in London. Yet This Democratic bill provides gen- dinary people, not that different from the Bush administration has done uine solutions to the security threats many Americans who are going about nothing to protect this Nation’s freight faced by rail and public transportation their usual routine of commuting to and transit rail system and its millions systems here in America. I urge my fel- work, school or terrorist sites. of passengers. low Members on both sides of the aisle After the London bombing, Congress We spend over $1 billion a week in to support it. Iraq. Let me repeat that. We are spend- called on the administration to move ing over $1 billion a week in Iraq. We quickly to reinforce our Nation’s rail f are spending over $1 billion a week in and public transportation systems to Iraq, and yet the Bush administration prevent such an attack from happening REPORT ON RESOLUTION PRO- can only come up with a measly $136 on American soil. Just last month, we VIDING FOR CONSIDERATION OF million to protect this Nation’s rail learned that this threat is real when it H.R. 9, FANNIE LOU HAMER, and transit system for an entire year. announced that al Qaeda had planned ROSA PARKS, AND CORETTA That is pathetic. But that is the kind to attack New York subways using poi- SCOTT KING VOTING RIGHTS of fuzzy math that this administration sonous gas. ACT REAUTHORIZATION AND is famous for, and it needs to stop be- Yet, nearly a year after the London AMENDMENTS ACT OF 2006 fore American citizens pay the price attacks, Mr. Speaker, the Bush admin- Mr. LINCOLN DIAZ-BALART of for this stupidity. istration has failed to produce a com- Florida, from the Committee on Rules, We can’t keep treating our rail infra- prehensive strategy to secure Amer- submitted a privileged report (Rept. structure as second class citizens. We ica’s rail and mass transit systems. No. 109–554) on the resolution (H. Res. have dedicated billions of dollars to the The administration also continues to 910) providing for consideration of the airline industry and created a grants focus almost exclusively on aviation bill (H.R. 9) to amend the Voting program for the ports. But we have security, spending $9 per air passenger, Rights Act of 1965, which was referred done little to invest in the security up- compared to only one penny per rail to the House Calendar and ordered to grade of our rail infrastructure needs. and public transportation passenger. be printed.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.083 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5099 The SPEAKER pro tempore. Under a Delano Roosevelt administration, and opportunity for the earliest withdrawal previous order of the House, the gen- later the Truman administration sup- of U.S. forces, while leaving the Iraqi tleman from New Jersey (Mr. PALLONE) ported, was instructive and I think people with the greatest chance for is recognized for 5 minutes. worth repeating. preserving their newly found democ- (Mr. PALLONE addressed the House. In 1944, this Congress passed and the racy. His remarks will appear hereafter in President signed the Filipino Rehabili- I look forward to working with my the Extensions of Remarks.) tation Act, which created a national colleagues. f commission comprised of three ap- f pointees each from the White House, IRAQ The SPEAKER pro tempore. Under a the Senate, and the House, and their previous order of the House, the gen- Mr. LYNCH. Mr. Speaker, I ask unan- mission was to plan and coordinate and tleman from Texas (Mr. BURGESS) is imous consent that I be allowed to oversee the transition of government recognized for 5 minutes. speak out of order. operations away from the U.S. military (Mr. BURGESS addressed the House. The SPEAKER pro tempore. Without and over to the newly forming Filipino His remarks will appear hereafter in objection, the gentleman from Massa- government. the Extensions of Remarks.) chusetts is recognized for 5 minutes. Of course, there are certain arguable f There was no objection. differences between the situation in Mr. LYNCH. Mr. Speaker, lately it the Philippines in 1944 and Iraq in 2006. TRADE BALANCING ACT OF 2006 seems that the national debate over However, after my five visits to Iraq The SPEAKER pro tempore. Under a the next move in Iraq has become and dozens of meetings with General previous order of the House, the gentle- bogged down in a way that really re- George Casey and top generals in his woman from Ohio (Ms. KAPTUR) is rec- flects the military struggle itself. The office and in the field, as well as Iraqi ognized for 5 minutes. administration has dug in, believing President Jalal Talabani and members Ms. KAPTUR. Mr. Speaker, news- that simply staying the course, we can of the Iraqi Council of Representatives, papers across the world today carry the simply outlast the military insur- I believe the critical weakness in our story that China has hit a new record gency. current strategy is this persistent in- in terms of its exports to countries like Conversely, there are some in my ability to empower the new Iraqi Gov- the United States. Surges in exports all party who, angered understandably by ernment. over the world demonstrate that since war under false pretenses, are seeking With this in mind, I recently intro- last year, the Chinese have actually in- a pell-mell evacuation complete with a duced the Iraq Transition Act of 2006, creased their exports by over 25 per- publicly announced evacuation date, H.R. 5716, drawing from the Philippines cent, and since the beginning of this which I think makes the withdrawal of model. And I give credit to those in year by 55 percent. 136,000 troops more dangerous and more 1944 who devised this. This is not origi- Truly, this Nation is the dump mar- difficult. nal thought; this is borrowed from ket of the world. We are absorbing ev- But, Mr. Speaker, drawing upon the their example. erybody else’s imports, and nations lessons of history, I would like to pro- I have proposed the establishment of like China are not taking as many expose a third way: creating a mecha- a national bipartisan commission com- ports as they could from us in order nism to more effectively empower the prised of appointees, again from the that we have a balanced trade account. new elected Iraqi Government, which White House, the Senate, and this Newspapers like the Toronto Star indi- will allow for a gradual but permanent House, whose specific and targeted pur- cate that this new record surpasses the U.S. troop reduction. pose would be to help facilitate the or- record that was set last month in May. Mr. Speaker, I would like to take a derly, deliberate, and expeditious tran- As you think about the outsourcing moment to talk about a process that sition from U.S. military control to of jobs in the United States of Amer- we went through in my office after five Iraqi civilian control of operations of ica, going to Mexico, going to China, it visits to Iraq to try to find a model government in Iraq. It is important to is very interesting that the United that would allow us to shift the gov- remember that the transition to civil- States is cashing itself out in order to ernmental operations in Iraq away ian control in Iraq is a political proc- float its currency and its borrowings from the U.S. military and to their new ess, and while I have many times wit- during this period of time when the government. And the example that we nessed the excellence with which our Bush administration and its allies here came up with, that has been used by military has performed in Iraq, I also in the Congress are driving us into this government in the past, is actu- believe it is a strategic disservice to deeper and deeper debt, more and more ally the model that was developed dur- the military for us to add political rec- borrowing. This is a reciprocal of that ing the Second World War. onciliation to the massive burdens of kind of phony economy here at home. In 1944, after driving Japanese forces security and reconstruction that they In China, even the Chinese admit from the Philippines with the help of are now shouldering. that that country needs to rely more the Filipino resistance, the United Simply put, the newly created Com- on domestic demand, selling things in- States military, like today in Iraq, mission on Iraqi Transition would be side their own country rather than ex- found itself in complete control of the held directly responsible for working porting everything to the United Philippines, over 7,000 islands. It found with the military leadership and the States. And if China’s industrial boom, itself in complete control of the basic Department of State to accomplish the and they grew about 10 percent since services that government would pro- transition to Iraqi civilian control of the beginning of this year, is to be sus- vide in the Philippines. And because of government operations in Iraq and to tained, they have to start selling to the recent occupation by Japanese regularly report its progress to the their own people. forces, there was no incumbent govern- Congress, the President, and the Amer- Years ago, they said the answer to ment in the Philippines that could ican people. the trade issues with the Asian coun- take the responsibilities for these gov- While this approach may not satisfy tries, the Asian tigers, is to manipulate ernment operations. the ‘‘stay the course’’ advocates or the currency rate. So you hear a lot of So, by default, the U.S. military took those who would prefer to announce a discussion in this country about the over these government operations; and specific date for withdrawal, I believe Treasury trying to rig the relationship while U.S. policy at the time strongly it offers a responsible and workable between the yuan in China and the U.S. supported Filipino independence, the plan for two important reasons. dollar. But the facts are that the military had no choice but to tempo- In closing, firstly, this bill introduces United States is in a huge trade deficit rarily exercise control under the frag- a level of direct accountability to the with almost every other industrial ile circumstances. political transition process that does country in the world, and we are hav- Clearly, that situation could not en- not now exist and has made measuring ing to borrow in order to float the bor- dure indefinitely. And what Congress progress extremely difficult. And sec- rowings that we are doing on the trade did next, in 1944, under the tutelage of ondly and lastly, it has precedent and accounts in order to sustain the John W. McCormack and the Franklin success to support it and offers the best hollowing out of our economy.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.089 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5100 CONGRESSIONAL RECORD — HOUSE July 12, 2006 Recently Maytag announced its clo- June was no exception. Yesterday, China ton’s standards, that is just a rounding sure in the State of Iowa. All the way reported that its global trade surplus rose to error. So it makes sense to put away back to when Goodyear first closed in a record monthly high of $14.5 billion (U.S.), the champagne glasses for a while. Los Angeles, we have a reborn steel in- after a record $13 billion surplus in May. In addition to celebrating the fourth The data from China’s Commerce Ministry dustry. Our steel industry was killed is sure to raise the likelihood of more ten- highest deficit ever, the President back in the 1980s, but guess what. It sion over Beijing’s currency controls, espe- touted the significance of his tax in- has been reborn all through foreign cially with the U.S., which is one of China’s creases. What he did not know is, in his ownership. We don’t even own it any- $202 billion in 2005, has fanned antagonism administration, we have added $3 tril- more. over the persistent imbalance between the lion to the Nation’s debt, $3 trillion in Won’t the American people recognize two countries. That figure is bigger than 5 years, the largest increase in the Na- what is happening to the real wealth China’s global trade gap because China has tion’s debt in the shortest period of creation of this country? trade deficits with some nations. time ever in American history, $3 tril- I do not want America to be owned June’s increase raised the trade surplus for the first half of the year to $61.5 billion, a 55 lion, and on the present course, with by transnational corporations that Iraq spending and spending by the Fed- have no loyalty to the United States of per cent jump over last year’s first-half surplus of $39.7 billion. eral Government and the revenue America and the values for which we The surge in exports also has worried Chi- structure, we are on course to add an- stand. na’s economic planners, who say the country other $1 trillion in 5 years. This is the latest example of why we needs to rely more on domestic demand than Now, here is what Greg Mankiw, the never should have had permanent nor- on exports and Investment to fuel growth if President’s former Chief Economic Ad- mal trade relations passed with China, its industrial boom is to be sustained. viser, said about the President’s claim because it only digs us deeper and deep- The economy grew at an annual rate of 10.3 that his tax cuts can be paid for and er and deeper into debt. Our people do per cent in the first quarter of the year. First-half figures have yet to be released but actually help on the economy: ‘‘There not have good middle-class jobs. They is no credible evidence’’ that ‘‘tax reve- cannot hang on to their pensions. Their state media reports, citing authoritative government officials, have said it likely nues rise in the face of lower tax health benefits increase in cost. And would remain at about 10 per cent. rates.’’ That is the President’s own we literally are making our children, But he added ‘‘these numbers suggest that economic adviser. He went on to com- as graduates of the colleges across this the PBOC is fighting back effectively.’’ pare an economist who says that tax country, debtors, because we cannot The latest trade figures were likely to cuts can pay for themselves to a even pay the educational bills of the ratchet up complaints over China’s currency ‘‘snake oil salesman trying to sell a next generation. What a sorry state to controls, which its trading partners say keep the value of the yuan artificially low, mak- miracle cure.’’ begin this new millennium and this The Economist magazine recently 21st century here in the United States ing the country’s exports cheap in overseas markets. wrote, ‘‘Even by the standards of polit- of America. ical boosterism, this is extraordinary. I am deeply distraught by these lat- China still limits daily movement in the yuan’s value to just 0.3 per cent above and No serious economist believes Presi- est numbers from China, and surely, at below its daily official rate. Chinese officials dent Bush’s tax cuts will pay for them- a minimum, Members of Congress have pledged to make trading more flexible, selves.’’ should sponsor my Trade Balancing but have shied away from setting a time- Not only have they not paid for Act of 2006, which basically says to any table. themselves, they have left a huge bur- Presidential administration, if we have In the meantime, the yuan has risen about den on the middle class families and more than $10 billion of debt in trade 1.5 per cent since it was revalued by 2.1 per their children for generations to come with any nation in the world, we ought cent against the dollar to 8.11 yuan per dol- to pay for. to go back and figure out why we do lar. Let us look at what is also happening and then renegotiate those trade agree- f in the President’s economic steward- ments. THE FEDERAL DEFICIT We cannot depend on fiddling around ship. with currency manipulation because The SPEAKER pro tempore. Under a In July of 2001, 5 years ago, under they told us if we did that with Japan previous order of the House, the gen- President Bush gas was $1.33 a gallon. back in the 1980s, our accounts would tleman from Illinois (Mr. EMANUEL) is Today, in Chicago, my district, it is just look terrific. If the dollar and the recognized for 5 minutes. $3.40. It has more than doubled. Health yen came into balance, the trade ac- Mr. EMANUEL. Mr. Speaker, with care costs have gone up 73 percent in counts would heal. But guess what. very much fanfare yesterday, the premiums to $11,000 a year for a family They never did because you know why? President held a press conference to of four. College costs for a 4-year col- Japan never opened its market to our claim vindication for his economic lege education at a public school is up goods. And neither will China. So you stewardship and his fiscal policies. He 38 percent. And incomes, the median have to deal with the Asian tigers in a announced, and I just now calmed income in this country has declined 2.3 different way. down, that the United States Govern- percent. Surely, surely this should be a wake- ment would only have a $3 billion Fed- So while college costs have gone up, up call to the American people. Surely, eral deficit for the fiscal year 2006. energy costs have gone up, health care costs have gone up, the savings rates in surely this should be a wake-up call to b 1615 the Members of this Congress who this country are down in negative ter- could change the trade laws of this By this administration’s standards, ritory for the first time since World country in order to create a balanced this qualifies as a monumental War II. Median incomes are flat, and trading environment, a level playing achievement? $300 billion deficit and the President wants your applause for field where our businesses, where our the President wanted applause for what a $300 billion deficit because it is so workers, where our communities have he had done because after creating the good. a chance to compete again. three largest deficits in history, you So while the prices have spiraled out Mr. Speaker, I will include in the are making progress if you do not set of control for middle class families and RECORD this article from the Toronto any standards or any records. the standard of living is coming under Star, the title of which is ‘‘China’s This time it is only the fourth larg- increasing pressure from the global Trade Surplus Hits New High. est deficit ever in the United States. In economy, energy costs, health care And I would have to say as it hits a the Nation’s capital, the President’s costs, college costs, savings rates, in- new high, America’s economy hits a budget is becoming known as the comes have not gone up, in fact they new low here at home. ‘‘World of Diminished Expectations.’’ are flat to declining. The American [From the Toronto Star, July 11, 2006] Let us go back a little. people need a raise. It is that simple. CHINA’S TRADE SURPLUS HITS NEW HIGH In 2001, President Bush inherited a Now, the well-to-do are doing well. It (By Elaine Kurtenbach) surplus of $284 billion, and it was pre- is time we make sure that this govern- SHANGHAI—Month after month, China’s ex- dicted by the year 2006 we would have ment is working on behalf of the Amer- port-driven economy pushes its trade surplus a surplus of $516 billion, and they are ican people, not the American people with the rest of the world to new heights. only off by $800 billion. By Washing- working on behalf of their government.

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.092 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5101 We do not have to go back so far as to labor, countries like China where peo- So this is the Bush economic success. remind people what happened in the ple work for 25 cents an hour they are We are borrowing from overseas. We past when we had an economic strategy so desperate, where they are not al- are borrowing from the Social Security that put our fiscal house in order and lowed to form labor unions, where U.S. Trust Fund. We are borrowing from invested in the education, health care capital is feeding their technological other investors. We are financing it on and energy independence of this coun- investment from corporations who are the credit card, and they tout this as try. We created 22 million jobs in the moving away from our country but great for our country and a strong 1990s, record unemployment. We had want to sell their goods here. economy. What a lie. low inflation, below 2 percent, a bal- Our trade deficit with China was $17.7 f anced budget and a surplus 3 years in a billion last month. One month, we bor- GAS PRICES row, and we began to pay down the rowed $500 million a day from China to debt. Welfare rolls declined. Poverty buy stuff from them that we used to The SPEAKER pro tempore. Under a went down. Children’s health care cov- make here in the United States of previous order of the House, the gen- erage went up. All the while we also America. That is not sustainable. We tleman from Michigan (Mr. STUPAK) is provided the middle class a tax cut so are losing the jobs and we are mort- recognized for 5 minutes. they could send their kids to college gaging our future, and someday that Mr. STUPAK. Mr. Speaker, as Con- known as a HOPE scholarship and the debt is going to be called in by the Chi- gress prepares to leave for the August lifetime earning credit. Anytime you nese and others. recess, American families are being want to go back to college, you got a The trade deficit overall went up to forced to make significant sacrifices tax cut to do so. So you had the skills $63.8 billion. We are on track to have a just to be able to afford to drive to and the capability to do what you trade deficit of $765 billion this year. work, let alone try to take their family needed to do to compete in a global Now, that is a lot of numbers. What vacation this summer. I find it appall- economy. does that mean? We are borrowing over ing that this body has not properly ad- That is when your government is $2 billion a day, $2 billion a day from dressed high gas prices. putting its fiscal house in order, being foreign interests, number one being Over the Fourth of July, the national responsible for your dollars and invest- China, number two Japan, and others, average price for a gallon of gas was ing in education and health care inde- to buy stuff made overseas that we approximately $3.00. Gas prices in my pendence. It is time for new economic used to make here. And the Bush ad- northern Michigan district exceeded priorities. It is time for a change. It is ministration touts this as a great suc- $3.00, with many areas seeing a 20 to 25 time to put the government back on cess, free trade. Why? percent increase in gas prices in 24 the side of the American people. Well, because the corporate CEOs, hours from July 2 to July 3, just in f who have outsourced their jobs to time for the July 4th holiday. China, are getting huge and growing For almost a year now, we Demo- FAILED FISCAL POLICY OF THE compensation, an average of $12 mil- crats have been calling on the Repub- BUSH ADMINISTRATION lion. They live in gated communities. lican leadership to allow a real price The SPEAKER pro tempore. Under a They send their kids to private schools. gouging bill to be passed into law. previous order of the House, the gen- They fly on private jets. They go to One hundred thirty-five Members of tleman from Oregon (Mr. DEFAZIO) is private resorts. They do not care about this body have signed a discharge peti- recognized for 5 minutes. public infrastructure or public edu- tion requesting that my legislation, Mr. DEFAZIO. Well, following up on cation. They do not care about the rest the Federal Response to Energy Emer- the theme of the failed fiscal policy of of us in this country. They do not even gencies Act, the FREE Act, be brought the Bush administration, I would like care about the American workers any- to the floor for a vote. to emphasize two points made by my more because they are making stuff After continuing lobbying from colleague. overseas. All they do is hope our credit Democrats, Republicans finally intro- The President’s bragging on a $300 cards hold up a little bit longer so we duced their own legislation, which was billion deficit. That means the govern- can buy more of the stuff they made called price gouging, and it was a price ment’s borrowing about $800 million a over there that might be a tiny bit gouging bill in theme only. That bill day, $800 million a day to run the gov- cheaper and put it on the credit card was passed by this body in May, and it ernment, and they are handing the bill and they can cash in and get out of has been stalled in the other body, con- to future generations. He is bragging town before this house of cards col- trolled by the Republicans. on that as great achievement, but that lapses. Unlike the Republican price gouging is not the whole story. He is also bor- So we are borrowing over $1.4 billion legislation, my bill, the FREE Act, rowing $182 billion from the Social Se- a day to run the government. We are would specifically set guidelines for curity surplus this year. So he is also borrowing $2 billion a day to buy stuff the Federal Trade Commission to use borrowing from present and future gen- made overseas, and President Bush is to define price gouging, including pro- erations. The total borrowing by the telling the American people that visions that would make it illegal to Federal Government this year will be things are great and getting better, but have unconscionable pricing, providing $482 billion, and the President’s brag- on Main Street, America, they know false price information, and market ging on it, and that means we are bor- that is not true. manipulation. rowing $1.3 billion a day to run the Now, in the country clubs and in the The FREE Act also contains a provi- government, borrowing against the fu- boardrooms, sure, better than ever. sion that would promote price trans- ture, sending the bill to working Amer- Corporate CEO pay went up last year parency, helping consumers to under- icans because we do not want to tax about 10 percent, about $1 million on stand whether or not oil and gas prices the rich people anymore, and the cor- average, which happens to be 100 times are fair and reasonable. porations are moving offshore to avoid what a minimum-wage earner earns in The FREE Act would also apply to taxes. this country. That was just their in- natural gas and propane. Neither nat- It is an extraordinarily fiscally irre- crease. The minimum wage has not ural gas nor propane is addressed by sponsible position for this government, gone up in 9 years. The Republicans the Republican bill. and it is just part of the many failures refuse to bring it to the floor of the Despite efforts to sugar coat the Fed- of this administration, but I am going House because they are favoring these eral Trade Commission’s report re- to talk about another failure today, corporate CEOs. God forbid, they cently released, called Invasion of Gas- one where the President has said we should pay more in taxes, and God for- oline Price Manipulation and Post- are also setting new records, trade pol- bid, they should have to pay the min- Katrina Gas Price Increases, the Fed- icy. imum-wage people who wait on their eral Trade Commission did find price America, month after month after tables, who park their cars and who gouging. Twenty-three percent of the month, is running larger and larger mow their lawns any more money. It refineries, 9 percent of the wholesalers trade deficits. We are hemorrhaging would be a hardship for those rich and 25 percent of the retailers charged jobs overseas to countries that exploit folks. significantly higher prices. In other

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.094 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5102 CONGRESSIONAL RECORD — HOUSE July 12, 2006 words, they gouged the American peo- Due to these concerns, I have intro- to follow through on their commit- ple. And these prices were not attrib- duce the Prevent Unfair Manipulation ments. They are simply fed up, Mr. utable to either increased costs or na- of Prices (PUMP) Act, H.R. 5248 to Speaker. tional or international market trends. bring Over the Counter trading under By consistently underfunding No Mr. Speaker, the American people the oversight of the Commodity Fu- Child Left Behind, the Federal Govern- are fed up. They know price gouging tures Trading Commission. ment has failed to hold up its share of when they see it and they are being The PUMP Act would require off- the bargain it made with our schools gouged. The Federal Government has market speculators to play by the when No Child Left Behind was signed responsibility to protect consumers same rules as on-market traders. This into law 4 years ago. In passing the from price gouging. increased oversight will improve con- law, the government promised to help Price gouging legislation is long fidence in the market and help elimi- improve failing schools by targeting overdue. Congress needs to pass legisla- nate the unreasonable inflation of the areas that needed support and pro- tion to allow the Federal Trade Com- crude oil prices. The legislation would viding that assistance. mission to prosecute price gouging. also increase penalties for speculators By failing to come through on prom- Just as we must continue to work to found to be unfairly manipulating the ised funding, the administration has protect consumers from gouging and oil futures market. turned No Child Left Behind into a pro- predatory pricing at the pump, we Some economists estimate that over- gram that punishes our schools instead must also investigate the effect that sight over all futures trades would of supporting them. energy futures trading can have on gas lower the price of a barrel of crude oil Two of the resolution’s clauses tell prices. by as much as $20. the story more fully. ‘‘Whereas the Traditionally, trading of energy com- Unfortunately, rather than proposing Federal government has decreased modities such as crude oil, gasoline, real solutions to bring down energy funding to North Carolina for No Child diesel fuel and natural gas has taken prices, Republicans have instead con- Left Behind in fiscal year 2006 by al- place on the New York Mercantile Ex- tinued to propose bills to eliminate en- most $11 million, and overall funding change, NYMEX, with oversight by the vironmental standards, provide more for public education by almost $12 mil- Commodities Future Trading Commis- tax breaks for bill oil, and promote the lion, including a deduction of $759,012 sion. However, an increasing amount of Republicans’ favorite solution: drill, from programs that serve students trading does not occur on NYMEX but drill, drill. with disabilities, and, whereas, in addi- in off-market deals known as over-the- I find it appalling that anyone could tion the Federal Government has cut counter trading. suggest that big oil needs more breaks, almost $11 million from postsecondary According to the bipartisan Senate given their exorbitant profits. And we education programs in North Caro- Homeland Security Committee report can not drill our way towards solving lina.’’ on oil and gas market speculation re- our addiction to oil. Mr. Speaker, since No Child Left Be- leased on July 27, it says: ‘‘As an in- Only by ensuring fair markets for hind was signed into law in 2002, count- creasing number of U.S. energy trades American consumers and the pro- ing the President’s latest budget pro- occurs on unregulated over-the-counter motion of alternative fuels can we posal, the Bush administration and the electronic exchanges or through for- truly reduce energy prices. Republican Congress have underfunded eign exchanges, the trading reporting Our constituents are looking to us, this law by some $55 billion. In fact, system becomes less and less accurate, to Congress, for relief. It is our duty to the House is expected to debate an ap- the trading data becomes less and less approve legislation that would provide propriations bill for the Department of useful, and its market oversight pro- real solutions, to protect Americans Education soon that will cut the program becomes less comprehensive.’’ from the increased financial hardship gram by another $500 million as com- It is estimated that up to 75 percent that price gouging and high gas prices pared to last year. of all energy trades are now over-the- artificially created during the summer And what about other Federal edu- counter, where speculation occurs tourism months. cation programs? The story is much without any regulation or oversight by the same. The government is not ful- the Federal Government. f filling its promises. Since the passage Without effective oversight, there is b 1630 of the Individuals With Disabilities no way to know whether energy specu- Education Act in 1975, the Federal Gov- A MESSAGE FROM THE NORTH lators are basing their trades on mar- ernment has failed to fully fund the CAROLINA GENERAL ASSEMBLY ket realities or instead taking advan- education of children with special tage of the system to make money at The SPEAKER pro tempore. Under a needs to the tune of $217 billion. the expense of hardworking Americans. previous order of the House, the gen- And this President and the leadership Unregulated trades based on specula- tleman from North Carolina (Mr. of this House have dropped the ball on tion, fueled by fear, result in greed, as PRICE) is recognized for 5 minutes. making college more affordable for stu- we can see from the record profits of Mr. PRICE of North Carolina. Mr. dents and parents. Student loan rates the oil companies. Speaker, I am here to deliver a mes- are going up and Federal support for In fact, a recent Justice Department sage from the North Carolina General aspiring students is stagnant or de- investigation had led to charges Assembly. It is a bipartisan, nearly creasing while the cost of education against traders for the energy con- unanimous message from our State continues to rise. glomerate, British Petroleum. It is al- House: Stop underfunding our schools. To put this in perspective, our alter- leged that several traders attempted to Last week, 52 Republicans joined all native Democratic budget would invest corner the market on propane in a voting Democrats in the North Caro- far more in education smartly and pipeline network that serves the Mid- lina House of Representatives in pass- strategically while at the same time west and the Northeast in order to ing a resolution that, ‘‘urges the Presi- balancing the budget sooner. drive up the price for propane in these dent of the United States and Congress Mr. Speaker, North Carolina schools areas. Court documents show that they to make a serious commitment to im- are no strangers to accountability. The were at least temporary successful in proving the quality of the Nation’s teachers and parents and administra- driving up artificially the price of pro- public schools by substantially increas- tors in my State want our students to pane. ing the funding for the No Child Left succeed like none other. They are sim- Investigations into additional civil Behind Act, the Higher Education Act, ply asking that our Federal Govern- and criminal violations are ongoing. the Individuals With Disabilities Edu- ment be a reliable partner and live up When speculators, motivated by cation Act, and other education-related to its promise of support for the edu- greed, take advantage of markets to programs.’’ cation of our children. drive up energy prices, the Federal This resounding call from both sides Mr. Speaker, I will insert at this Government must intervene to prevent of the aisle in my State is a sign that point in the RECORD House Resolution this manipulation from being passed on North Carolinians are exasperated with 1811 from the North Carolina General to the American consumer. a President and a Congress that refuse Assembly adopted on July 5th, 2006.

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.096 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5103 A HOUSE RESOLUTION URGING CON- tleman from Georgia (Mr. LEWIS) is joint session of Congress and began by GRESS TO INCREASE FUNDING FOR recognized for 5 minutes. saying, ‘‘I speak tonight for the dignity THE NO CHILD LEFT BEHIND ACT, THE Mr. LEWIS of Georgia. Mr. Speaker, of man and for the destiny of democ- HIGHER EDUCATION ACT, AND THE IN- the Voting Rights Act was good for racy.’’ And during that speech, Presi- DIVIDUALS WITH DISABILITIES EDU- CATION ACT. America in 1965 and it is good and nec- dent Johnson condemned the violence essary in 2006. We must strengthen our in Selma and called on the Congress to Whereas, the State of North Carolina under the Standards of Learning Account- resolve and complete the job that we enact a Voting Rights Act. He closed ability System has long pursued the goal of began almost a year ago in a bipartisan his speech by quoting the rights of the improving the academic performance of all way and pass the reauthorization of civil rights movement saying, ‘‘And we students, especially students of racial and the Voting Rights Act tomorrow with- shall overcome.’’ ethnic backgrounds, lower economic status, out amendment. I was sitting next to Martin Luther and limited English proficiency, and with The struggle for voting rights was King, Jr., in the home of a local family learning disabilities or challenges; and not so long ago. It was not 75 or 100 in Selma, Alabama, as we listened to Whereas, the State of North Carolina, therefore, applauds the President and United years ago. It was 41 years ago that this Lyndon Johnson say, ‘‘And we shall States Congress for putting forth the same Voting Rights Act was passed. This is overcome.’’ Tears came down his face. goals in the No Child Left Behind Act of 2001 not ancient history. Yet so many Mem- And we all cried. Dr. King said, ‘‘John, and emphasizing the urgency in closing these bers of the House are too young to re- the Voting Rights Act will be passed, achievement gaps and improving the per- member our very dark history of seg- and we will make it from Selma to formance of these students; and regation and voting discrimination. Montgomery.’’ Whereas, the No Child Left Behind Act of The history of the right to vote in Congress did pass the Voting Rights 2001 has encouraged some needed changes in Act. On August 6, 1965 it was signed public education and was initially accom- America is a history of conflict, of vio- panied with relatively large increases in fed- lence, of struggle for the right to vote. into law. eral funding for public elementary and sec- Many people died trying to gain that There was an elderly black man who ondary education; and right. I was beaten and jailed because I lived in Selma, Alabama, who after Whereas, however, the increases in federal stood up for it. The experience of mi- Johnson had signed the Voting Rights funding since the first year of the No Child norities today tell us that the struggle Act became registered to vote for the Left Behind Act have been minimal and in- first time. He was 91 years old. He said, significant; and is not over, and that the special provisions of the Voting Rights Act are still ‘‘I am registered now. I can die and go Whereas, the federal government has de- home to my Lord.’’ creased funding to North Carolina for No necessary. Child Left Behind Act in fiscal year 2006 by We do not want to go back to our Today, people no longer meet attack $10,777,346 and overall funding for public edu- dark past, and we must not go back. dogs and bullwhips and fire hoses as cation by $11,931,500, including a deduction of Forty-one years ago it was almost im- they demonstrate or attempt to register to vote. Today, the tools of dis- $759,012 from programs that serve students possible for people of color to register with disabilities; and crimination are not poll takes and lit- to vote in many parts of the American Whereas, in addition, the federal govern- eracy tests. But make no mistake, dis- South, in Georgia, in Alabama, and in ment has cut almost $11,000,000 from postsec- crimination still exists. Look at Flor- Mississippi. Forty-one years ago, the ondary education programs in North Caro- ida in 2000. Look at Ohio. lina; Now, therefore, Be it resolved by the State of Mississippi had a black voting- House of Representatives: The tools of discrimination are much age population of more than 450,000, more difficult, but just as dangerous. SECTION 1. The House of Representatives and only about 16,000 blacks were reg- urges the President of the United States and Today, the discrimination comes in the Congress to make a serious commitment to istered to vote. form of redistricting and annexation improving the quality of the nation’s public Just 41 years ago, people of color had plans, at-large elections, polling place schools by substantially increasing the fund- to pay a poll tax, pass a so-called lit- changes. ing for the No Child Left Behind Act, the eracy test in some States in the South. In my own State of Georgia, the leg- Higher Education Act, the Individuals with There were black men and women who islation went back to a period in our Disabilities Education Act, and other edu- were professors in colleges and univer- dark history by passing a voter ID law cation related programs. sities, black lawyers and black doctors SECTION 2. The House of Representatives that would make it more difficult for requests the President, Congress, and the who were told they could not read or the elderly, the poor and minorities to United States Department of Education to write well enough to register to vote. vote. Both a State and a Federal court offer states waivers, exemptions, or whatever They were asked to interpret certain jurist have called the law unconstitu- flexibility possible through regulations from sections of the Constitution in south- tional and stopped it from taking ef- the requirements of the No Child Left Behind ern States. Some were asked to count fect. Act in any year that federal funding for pub- the number of bubbles in a bar of soap, We can do better. We must do better, lic elementary and secondary education is others were asked to count the number decreased to prevent states from spending and pass the Voting Rights Act with- state and local resources on activities that of jelly beans in a jar. out amendment tomorrow. People stood in unmovable lines for are not proven effective in raising student f achievement and may not be the priority of the opportunity to register to vote. In an individual state. some States voters could register only ARMY BUDGET PROBLEMS SECTION 3. The Principal Clerk shall on 1 or 2 days a month; but those lines The SPEAKER pro tempore. Under a transmit a certified copy of this resolution never moved, and those would-be vot- previous order of the House, the gen- to the President, the members of the North ers were never registered. People were tleman from Missouri (Mr. SKELTON) is Carolina Congressional Delegation, and the United States Department of Education. beaten, arrested, jailed, people even recognized for 5 minutes. SECTION 4. This resolution is effective shot and killed for attempting to reg- Mr. SKELTON. Mr. Speaker, ‘‘Help is upon adoption. ister to vote. It was a matter of life on the way.’’ That was the promise this f and death. administration made to our country The SPEAKER pro tempore. Under a On March 7, 1965, about 600 of us and to our servicemembers before the previous order of the House, the gentle- black men and women and a few young election in 2002. And look what it has woman from California (Ms. LORETTA children attempted to peacefully come to mean. SANCHEZ) is recognized for 5 minutes. march from Selma, Alabama, to Mont- The Army cannot pay its utility (Ms. LORETTA SANCHEZ of Cali- gomery to the State capitol to drama- bills, defense workers are on the unem- fornia addressed the House. Her re- tize to the Nation and to the world ployment lines, and equipment readi- marks will appear hereafter in the Ex- that people of color wanted to register ness is slipping to historic lows. So I tensions of Remarks.) to vote. The world watched as we were ask, exactly who is being helped? I am f met with nightsticks, bullwhips, we sure that the administration will were trampled by horses, and tear- blame the Army’s money problems on SUPPORT THE VOTING RIGHTS gassed. the war. There is no doubt that the $350 ACT REAUTHORIZATION Eight days after what became known billion excursion into Iraq has placed The SPEAKER pro tempore. Under a as Bloody Sunday, President Johnson stress on the Army as well as the other previous order of the House, the gen- came to this podium and spoke to a services.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.027 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5104 CONGRESSIONAL RECORD — HOUSE July 12, 2006 But this Congress has continually The SPEAKER pro tempore. Without we learn they are designating a kan- provided these supplemental funds the objection, the gentleman from New garoo conservation center as a key ter- administration has requested to wage York is recognized for 5 minutes. rorist target. There is no excuse for the war, and has even increased the de- There was no objection. short-changing this country’s top tar- fense budget by 19 percent since 2001. Mr. NADLER. Mr. Speaker, the Bush gets. As the Inspector General has So I ask, how can it be that the Army administration constantly crows about wisely determined, folksy appeal can- is closing or curtailing the family sup- protecting us from terrorists, but when not be the chief criterion for the allo- port programs and laying off employ- you get down to nuts and bolts it is cation of anti-terrorist funding. ees? The answer is clear. The adminis- clear that the administration and the It has been over 1 year since terror- tration is not requesting sufficient Republican leadership of this Congress ists struck London’s mass transit sys- funds to provide for the national de- have no idea what they are doing. Just tem, over 2 years since the rail bomb- fense beyond the war in Iraq. This Con- yesterday, terrorists killed more than ings in Madrid, yet little has been done gress has already provided $166 billion 180 people by attacking the mass tran- in the United States to protect our rail to the Army in 2006. That is $2 billion sit system in Mumbai, India. You had and mass transit systems. This admin- more than the administration re- better believe that every one of the 4 istration, the leadership of this Con- quested. million subway riders in New York gress must open its eyes to reality and Obviously it is not enough. Because I took a deep breath before getting on put our resources where they are really am hearing of reports in the media the train this morning. New Yorkers needed before we have another catas- about bases like Fort Sam Houston know that, when terrorists strike, they trophe, a preventable catastrophe, on where the utility bills have not been go after high density, high profile tar- our hands. And then it will be little paid since March. The Army knows it gets. Every time you read in the news- comfort to know that the blame lies has a problem. They even requested papers that a terrorist abroad has been with the administration and the Re- more money, but the President’s Office apprehended, you find the plans to publican leadership of this Congress. of Management and Budget cut $4.9 bil- strike at the United States are of We don’t want to be laying blame. We lion from the Army’s request for the Washington or New York, the maps in don’t want to be saying it is their 2006 war supplemental before it was their possession or on their computers fault. We want to prevent it. So let us presented to Congress. are of New York. Evidently this is yet So now the Army is trying to pinch learn a little, and let us pray that the pennies by closing libraries, reducing to dawn on the Department of Home- administration and the Republican trash pickup, closing dining facilities, land Security. Their ignorance is noth- leadership of this Congress has their and reducing support for vital training ing short of disgusting. heads examined and opened their eyes. We need to step up not only the dis- activities. This is a move that is cer- f tribution of funds to the right places, tain to damage morale and sends the to the targets in this country, we need HOMELAND SECURITY FUNDING wrong message to our troops. This is to step up rail security protections in FOR NEW YORK not the way to reward the courage and The SPEAKER pro tempore. Under a sacrifice of our soldiers and their fami- this country. The Democratic Rail and previous order of the House, the gentle- lies. Transportation Security Act proposes Several weeks ago, I spoke here on to appropriate $400 million a year for woman from New York (Mrs. LOWEY) is the floor about the dismal readiness the next 6 years for a grant program to recognized for 5 minutes. posture of the Army’s equipment. beef up the rail and public transpor- Mrs. LOWEY. Mr. Speaker, I thank Readiness rates for equipment have tation security on our mass transit the gentleman from New York for his fallen so far that I fear that they will systems in the country as a whole, New remarks. now present a strategic risk to our York and elsewhere, but the adminis- I rise today to express my continuing ability to respond to contingencies be- tration and the Republicans in Con- frustration with the Department of yond our current commitments in Iraq gress say no. Homeland Security and its inability or and Afghanistan. The Democrats propose to spend $150 unwillingness to focus our limited re- In addition to this problem, the million over the next 3 years for ad- sources of time, money, and attention Army is now laying off engineers work- vanced research and development to on the real risks that we face as a Na- ing on some of the high priority mod- find more advanced solutions to the se- tion. Yesterday, the bombing of rail- ernization programs in order to pay curity threats faced by rail and public ways in India reminded us not only bills elsewhere in the Army. transportation systems. Again, the that terrorists remain committed to The needs of the current and future Bush administration and the Repub- senseless and horrific violence, but Army are being neglected. As a can- licans in this Congress say no. We that they remain attracted to certain didate in 1999, President Bush said that ought to be spending roughly $26 mil- types of targets. ‘‘The previous administration wanted lion a year over the next 6 years to hire Mr. Speaker, in 2001, terrorists at- to command great forces without sup- 200 new rail security inspectors per tacked New York and Washington. Two porting them, to launch today’s new year. Is this really necessary? You bet. years ago, terrorists attacked com- causes with little thought of tomor- Right now there are only 100 rail secu- muter trains in Madrid. Last year, ter- row’s consequences.’’ rity inspectors for the whole country. rorists attacked subways in the heart Unfortunately, it appears that the We need to increase our intelligence of London. Two days ago, rail systems words now apply to his own adminis- efforts to prevent attacks, develop in Mumbai were bombed. There have tration. He is failing to request the plans to respond to attacks, and ensure also been rail and transit attacks in funds the military needs to fight the the timely restoration of our rail infra- Japan, South Africa, and Israel, and so war on terror, the war in Iraq, and also structure should an attack occur. The far unsuccessful plans for attacks on remain ready to defend the Nation if Democrats have advanced plans to do New York’s transportation system. other needs arise. this, while the Republican leadership of On the streets of Iraq, insurgents are This country is at war. Americans this Congress and this administration perfecting the use of IEDs against our have a right to expect the administra- waste their time designating insect troops. When those terrorists look to tion to realistically budget for national zoos and bean festivals as terror tar- transfer their skills to the United defense. That is not happening, and gets as was revealed in the front page States, where will they look to use every day it continues to put this of the New York Times today from the them? The pattern is clear, the mes- country at greater risk. list of targets on the Homeland Secu- sage is deafening: High density, high f rity target list. profile targets are the most attractive b 1645 Is there no end to their incom- targets for terrorists, and rail and petence? First they cut funding for the transit systems remain dangerously RAILWAY SECURITY prime target in this country, New vulnerable. Mr. NADLER. Mr. Speaker, I ask York, by 40 percent. Then they declare Like many of the Members of this unanimous consent to address the an excuse that New York contains no House, I was pleased when Secretary House for 5 minutes. national landmarks or icons, and now Chertoff took office and stressed in his

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.100 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5105 first public speech that DHS must base earlier today we had a motion to in- so that it can pass the House but it its actions on threat, vulnerability, struct on the vocational education con- can’t get passed in the Senate or it and consequence. Unfortunately, ac- ference, and the motion to instruct was won’t get done in conference. I hope tion has not measured up to that rhet- about the minimum wage and about they will do it soon enough so that it oric. Last month, the Department cut the need of 6 million people who work can become the law of the land. by 40 percent for New York and Wash- at the minimum wage for an increase We all understand the political ington, D.C., cut funding by 40 percent, in that minimum wage. These individ- games that can be played, but these po- two cities that have been attacked and uals have been stuck at $5.15 since 1997. litical games are tragically almost le- the two cities that remain the most They are earning 1997 wages in the year thal to these families. These people go likely targets for future attacks. 2006. to work every day for a whole year and We are all looking for the best way to Over 80 percent of Americans from all they end up with $10,700, and out of spend the limited money that has thus across the country, obviously if it is 80 that $10,700 not only are they substan- far been allocated to homeland secu- percent of Americans, from every walk tially below the official poverty line, rity. The Department perfected the art of life, from every social economic so you are making a decision that the of allocating funds the wrong way. strata, believes that these people are official minimum wage in this country In addition to ignoring the plain entitled to an increase in their wages, will keep these individuals locked in facts about risk and vulnerability, DHS and they believe that out of fairness, poverty. has sat on the sidelines in developing they believe that out of a sense of fair That is not the only part of it. It standards for safety and security. This play for these individuals. They know means that those people, those people void is being met in some areas such as when they look at their own life, be will have more difficulty in providing New York where the Metropolitan they middle class or be they rich, the the necessities for their families, for Transit Agency has added 200 officers fact of the matter is they recognize their children, because many of these and 25 K–9 bomb detection units since that costs have gone up, that the cost minimum wage workers have children September 11. New York City has 1,000 of food has gone up, that the cost of who rely on that wage as a means of counterterrorism officers. The city and bread has gone up, that the cost of holding the household together. So as the MTA are working to develop and milk has gone up, that the cost of edu- rents have continued to go up and en- install state-of-the-art air monitoring cation has gone up, that the cost of ergy has continued to go up and tele- devices in the transit system. utilities has gone up, the cost of gaso- communications has gone up, all of We knew that communications inter- line of course has soared. And these these things have gone up, these people operability presented a problem for people in many ways are dependent, struggle with this every day. first responders in Oklahoma City. whether it is on public transit or I dare say most of us in Congress, we Those problems turned deadly on Sep- whether it is on their own automobiles, work an 8-hour day or 10-hour day or tember 11. Nearly 5 years after Sep- it costs them more to go to work. 12-hour day, but when we go home we tember 11, first responders are still And so America understands this are done. These people have a second waiting for the administration to issue very clearly. But the critical piece to job. They have to figure out how to an actual interoperability plan. This getting these people the minimum economically hold their household to- abdication of responsibility has forced wage is to get the Republican leader- gether, how to provide for their chil- many cities and States to dig their own ship in the House of Representatives to dren, how to provide food and rent and deficits deeper to put national security understand the morality of this deci- health care and all of these things to- measures in place. That is not a plan, sion to provide for a minimum wage, gether on $10,700 a year. That is dif- it is not a strategy, it is a failure of because these people are working under ficult. That is tough. leadership that we are seeing again and a Federal minimum wage that was im- I hope that today’s vote with 64 Re- again. posed in 1997. And until the Republican publicans sending a message to their Mr. Speaker, our homeland security leadership decides to go forward, these leadership that they want to speak out, efforts are a race against the clock. We people will not get that increase in the they want to vote on the minimum have received several wakeup calls. We wages that they so desperately need. wage, that the Republican leadership don’t need another study or another of- Now, there is a glimmer of hope, be- will respond in kind and give the House fice or another Under Secretary; we cause today 64 Republicans made the of Representatives the vote that the need action. And next week I hope the decision to support the motion to in- American people desire. struct. I assume they understood that House Committee on Homeland Secu- f rity markup of the Department of this motion to instruct will not become b 1700 Homeland Security authorization bill law. I hope they didn’t vote for it be- will provide us a real opportunity to cause it won’t become law; I hope that The SPEAKER pro tempore. Under a strengthen our homeland security and it wasn’t about posturing. I talked to previous order of the House, the gentle- spur DHS to act more quickly to pro- many of them before the vote and after woman from Texas (Ms. JACKSON-LEE) tect the American people. the vote, and they told me that they is recognized for 5 minutes. wanted to speak and vote on the min- (Ms. JACKSON-LEE of Texas ad- f imum wage and to send a message. And dressed the House. Her remarks will The SPEAKER pro tempore. Under a they did that today. Hopefully that appear hereafter in the Extensions of previous order of the House, the gentle- message will start to be received by the Remarks.) woman from the District of Columbia Republican leadership in the House of f (Ms. NORTON) is recognized for 5 min- Representatives and they will schedule utes. a minimum-wage bill for an up or down RAIL SECURITY (Ms. NORTON addressed the House. vote on this House floor, and we will The SPEAKER pro tempore. Under a Her remarks will appear hereafter in get to speak our wills and hopefully we previous order of the House, the gentle- the Extensions of Remarks.) will reflect what the American people woman from Indiana (Ms. CARSON) is f want us to do, and that is to give these recognized for 5 minutes. people an increase in the minimum Ms. CARSON. Mr. Speaker, we face a INCREASING THE MINIMUM WAGE wage. grave and growing threat. The safety of Amer- Mr. GEORGE MILLER of California. So I would hope that this vote that ica’s rails and subways is on shaky ground al- Mr. Speaker, I ask unanimous consent was taken today will be the beginning most five years after September 11th. We to speak out of turn. of the Republican leadership walking need to take a hard, honest look at the issue The SPEAKER pro tempore. Without toward that decision to provide for an of rail security and give America’s rail pas- objection, the gentleman from Cali- increase in the minimum wage. I would sengers the same level of confidence that air- fornia is recognized for 5 minutes. hope that they would do that because line passengers get everyday. There was no objection. it is the right thing to do. I would hope In recent years, we have experienced an Mr. GEORGE MILLER of California. that they would do that without trick- annual average of 30 terrorist attacks on pas- Mr. Speaker, Members of the House, ing up the bill, without making the bill senger rail across the world. The past three

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 9920 E:\CR\FM\K12JY7.102 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5106 CONGRESSIONAL RECORD — HOUSE July 12, 2006 years have seen the sadness and heart- REAUTHORIZATION OF THE rights. Our democracy and our values as wrenching agony caused by three major at- VOTING RIGHTS ACT Americans are contingent upon the idea that tacks on rail systems in Madrid, London and The SPEAKER pro tempore. Under a every person should have the right to vote and disturbingly yesterday in India. These three at- previous order of the House, the gentle- have that vote counted. tacks alone have led to some astonishing woman from Texas (Ms. EDDIE BERNICE We have made amazing progress since the numbers, 22 bomb blasts, 15 trains destroyed, JOHNSON) is recognized for 5 minutes. enactment of the Voting Rights Act, but 390 people dead and over 1,650 injuries and (Ms. EDDIE BERNICE JOHNSON ad- progress does not mean that we stop trying. countless lives forever altered. The shock, dressed the House. Her remarks will Now is the time to reauthorize this historic cor- horror and loss of life resulting from these acts appear hereafter in the Extensions of nerstone of civil rights. It is imperative to our of terrorism are reminders that the United Remarks.) rights, our freedom and our democracy. States must do more to strengthen rail secu- Ms. EDDIE BERNICE JOHNSON of Texas. f rity. Mr. Speaker, the passage of the 1965 Voting The SPEAKER pro tempore. Under a Our passenger rail systems are vulnerable Rights Act was our greatest accomplishment previous order of the House, the gen- potential targets for terrorists. The 9/11 Com- in the long struggle against discrimination and tleman from New York (Mr. ENGEL) is mission’s final report noted that ‘‘surface trans- oppression. It has changed the face of this recognized for 5 minutes. portation systems such as railroads and mass Nation and enabled millions of Americans the (Mr. ENGEL addressed the House. His transit remain hard to protect because they opportunity to vote. remarks will appear hereafter in the are so accessible and extensive.’’ Throughout During the 1960s, we saw many brave men Extensions of Remarks.) the country, there are over 300,000 miles of and women rise up against the oppression of f freight rail lines and over 10,000 miles of com- Jim Crow and demand an equal voice in our SUPPORTING SERGEANT FIRST muter and urban rail system lines. On a typical democracy. In this battle for the most basic of CLASS TREVOR J. DIESING weekday, 11.3 million passengers use rail or rights, many heroic Americans were beaten The SPEAKER pro tempore. Under a mass transit, and at any given time, haz- and imprisoned, saw their churches burned or previous order of the House, the gen- ardous materials are transported throughout bombed, or were killed in the name of free- tleman from Wisconsin (Mr. KIND) is the country. dom and justice. I am proud to serve along- recognized for 5 minutes. side Congressman JOHN LEWIS, whose brav- Yet we still do not have a comprehensive Mr. KIND. Mr. Speaker, I rise today to honor ery and presence during that historic march in national strategy for rail security. The Trans- Sergeant First cLass Trevor J. Diesing of Selma changed this Nation. portation Security Administration has not yet Plum City, WI. Trevor rose to the call to serve There are many young people who may not implemented adequate security guidelines for his country in her time of need, and gave the know of this battle towards equality. It is im- rail and mass transit systems similar to those ultimate sacrifice in her defense. He was killed perative we recognize and celebrate our great required for airports. The Department of in Iraq when an improvised explosive device accomplishments as a nation. We cannot de- Homeland Security does not even require rail detonated near his position. Today, I bear wit- velop future policies or laws without applying and mass transit systems to complete vulner- ness that Trevor’s efforts and the efforts of all the lessons we have learned from the past. ability assessments or submit security plans to our service men and women will forever be re- This August will mark the 41st anniversary the Department. Nor are we providing ade- membered. This Friday at the courthouse in of the Voting Rights Act. There are many who quate funding for rail security. Over the past Prescott, Wisconsin a plaque will be dedicated say there is no longer a need for the Voting four years, the Department of Homeland Se- in Trevor’s memory. curity and the Transportation Security Admin- Rights Act. Unfortunately, this is not the case. Trevor is a true national hero. Born to istration have spent on average $9 per air It is true that we have made remarkable Debbie and Lonnie Diesing in Plum City, WI, passenger, as compared to only one penny for progress since 1965, however, there is still Trevor felt a call early in life to serve his coun- each rail or mass transit passenger. One much work to be done. try and to help make the world a better place. penny to prevent bombs, chemical and biologi- Minorities continue to face an uphill battle of After marrying his wife Lori and raising three cal agents does not go far enough for tools, misinformation over polling locations, the purg- beautiful children, Trevor’s passion to defend prevention and training. ing of voter rolls, scare tactics, and inacces- what he loved was only strengthened. Friends It is clear that many of our rail and mass sible voting locations. Prior to the 2004 elec- and family described him as someone you al- transit employees lack adequate security train- tions, students at Prairie View A&M were told ways wanted on your side— a hard working ing. In a 2005 survey of the International they could no longer register to vote in Waller and caring person who was always willing to Brotherhood of Teamsters, 84 percent of County, Texas. The fear was that the eight lend a hand. When we step back and realize those surveyed said they had not received thousand students at this Historically Black the incredible service of our men and women ‘‘any training’’ or ‘‘additional training’’ related to College would elect someone the local District in uniform, we must always remember Trevor, terrorism prevention and response in the pre- Attorney didn’t want. for he was one of our finest. The Voting Rights Act helped protect these vious twelve months. We in Congress must The presence of men and women from Wis- students from becoming disenfranchised vot- have a frank discussion about our rail system, consin serving in Iraq is a great blessing to ers. This change in voter registration was not from AMTRAK, to the Metro in DC, the L in our country as a whole. They all are doing a pre-cleared by the Department of Justice, as Chicago and the T in Boston and of course terrific job under very difficult and dangerous required by Section 5. Ultimately, the Texas the subway in New York City. It is time for the circumstances. We will be forever grateful for Attorney General and the Department of Jus- U.S. to implement a coordinated national strat- the sacrifice made by Sergeant First Class tice intervened and provided these students egy for rail security, to provide adequate secu- Trevor J. Diesing. Trevor was in essence a with the access and opportunity to vote. This rity training for rail and mass transit employ- true patriot, serving his country selflessly while is just one example of why we still need Sec- ees, and to fully fund rail security programs. giving to the Iraqi people the greatest gift of tion 5 and the Voting Rights Act. all, their freedom. He also gave the children of I commend my colleagues for introducing Section 5 is current, necessary and protects the Rail and Public Transportation Security America a great hope, the chance to grow up the rights of millions of Americans. The reality in a world that is a little more safe. Act. The reforms in this bill are long overdue. is that there are still some people out there We have seen over and over again the pain As a husband, father, son, and friend, who don’t want minorities to vote. Trevor will live on in our hearts as a hero and these terrorist acts have brought to ordinary As part of the backlash against illegal immi- citizens. We cannot afford to wait until tragedy his legacy will never be forgotten. I pledge to gration, there have been calls to eliminate bi- do all that I can to ensure that Trevor’s life strikes again to improve this country’s rail se- lingual voting assistance. I feel that Americans was not lost in vain. curity. should be able to speak English; however, I Perhaps President Franklin Delano Roo- do not endorse testing language abilities as a sevelt said it best: ‘‘He stands in the unbroken f prerequisite to vote. Those who receive bilin- line of patriots who have dared to die, that The SPEAKER pro tempore. Under a gual voting assistance are American citizens. freedom might live, and grow, and increase its previous order of the House, the gen- They weren’t required to pass a language test blessings. Freedom lives, and through it, he tleman from Minnesota (Mr. OBERSTAR) to pay taxes or serve in the military, so they lives—in a way that humbles the undertakings is recognized for 5 minutes. shouldn’t have to prove their language skills in of most men.’’ (Mr. OBERSTAR addressed the order to vote. May God bless Trevor, and take him into his House. His remarks will appear here- The Voting Rights Act was not and never care. And may God’s special blessing bring after in the Extensions of Remarks.) will be about special rights—it is about equal comfort to Trevor’s family and friends always.

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.028 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5107 The SPEAKER pro tempore. Under a those people received amnesty they day are crossing our border, at least previous order of the House, the gen- were also able to bring in their fami- 30,000 to 31,000 people a month are tleman from Oregon (Mr. BLUMENAUER) lies, their children and their wives and crossing this border, or 365,000 people a is recognized for 5 minutes. their extended families, until that year are crossing the southern border (Mr. BLUMENAUER addressed the number grew to substantially more of the United States into our country. House. His remarks will appear here- than what was estimated. And they are doing it, Mr. Speaker, no after in the Extensions of Remarks.) We will not go into that today, but matter what you want to call it, they f did we do our job? Did we, as Demo- are doing it illegally. crats for a long time and as Repub- The law says you can’t do that, that IMMIGRATION licans for a long time, did we do our it is against the law. You can call it The SPEAKER pro tempore. Under job? I submit to you that the evidence whatever you want to call it, but it is the Speaker’s announced policy of Jan- shows we did not. And because the breaking the laws of these United uary 4, 2005, the gentleman from Texas great prize of being forgiven of your States, and these people are coming in (Mr. CARTER) is recognized for 60 min- sins, if you will, was granted in the at least in those numbers. And in addi- utes as the designee of the majority 1980s, millions more came. tion to those people, or as a part of leader. So is that the crisis? Those people, those people, who else is coming across Mr. CARTER. Mr. Speaker, I wanted are they the crisis that have people so our southern borders? Do we know? to address this House about an issue concerned across the country today? It Well, we know a little bit. We know that, at least as I travel around my dis- is of interest. People are somewhat that last year we caught 68,000 what we trict, as I travel around my State, is concerned, but I would submit, Mr. call OTMs. Those are people that are one of the defining issues of our time, Speaker, that is not the crisis that peo- ‘‘other than Mexicans.’’ And that is a and that is the issue which we are ple are concerned about and that is on term that has been adopted to define hearing about every day: What are we their minds when they sit down to people from any other country but going to do about the immigration pol- breakfast in the morning or when they Mexico that have been caught and ap- icy and the immigration influx into talk to their families at night or when prehended crossing our southern bor- this country? they visit with their neighbors or when der. The Border Patrol and the immi- I thought I would come down here they go out in public. That is not the gration authorities have determined to today and see if we could not analyze concern. The concern is that border call them OTMs, ‘‘other than Mexi- this the way we sort of like to analyze and those people coming across. cans.’’ evidence as we do in the courtroom. We Mr. Speaker, we hear from people in We have heard in testimony at hear- need to take a look at what is the prob- this country, and there is certainly a ings, just as recently as last week, that lem that brings us to this point that we valid economic argument for it, that 30,000 Brazilians were shipped home a have to address this thing, and I would we need these folks to come in here and short time ago; that people from the propose first and foremost we need to take the jobs that Americans don’t Middle East, people from China, people look at the big problem and decide want. And there is some validity to from all over the Southern hemisphere where is the crisis today as we stand that argument. There is some validity have come into this country illegally here on this floor on July 12. to many of these diligent hardworking crossing the Mexican border into the Where would the American public de- people who have come to this country United States. Mr. Speaker, I would fine the crisis to be as we deal with to take really tough jobs out there, submit that that is the crisis. people who are coming into this coun- working in the heat in Texas in the Mr. Speaker, I would submit that try from other countries? And when I summertime, which is, believe me, hav- when people discuss what they are very say other countries, I mean many, ing done it, it is a hard job. No matter concerned about, what they think has many other countries but predomi- where you are, if you are out digging the potential to change their lives, to nantly I am addressing today the cross- post holes, laying asphalt, or putting a threaten their lives, it is who is coming ing of our southern border out of Mex- roof on in Texas, you are earning your across our southern border in these ico. Where are we concerned and why pay. It is hot, tiring, almost thankless huge volumes. That is what the Amer- are we concerned? work. So we say we need these folks to ican people see as a crisis. Many people say, let us look at the build those fences, put those roofs Now, we are called upon, as we look big picture of this issue, which is that down, and lay that asphalt. We need at what is going on here in Congress, we have an estimate that is somewhere them. We have to have them. And there we are called upon to address these between 12 million and 15 million peo- are those who can present evidence to issues, and I submit to you, Mr. Speak- ple that have come into this country that effect and make an argument for er, that what we are called upon to do since we granted amnesty back in 1986 it. is to address the crisis first. I have or 1987 under the Reagan administra- But is that the crisis that people are used this example before, but if a series tion and opened the doors to the people worried about in this country? Is that of wreck victims is brought in from a who are here and gave them a fast what people, your neighbors, are vis- car wreck out on the highway outside track to American citizenship. We then iting with you about? Is that what you of Washington, DC, today, and brought said that we would go to the border and are talking about when you gather in into the emergency room of the hos- protect our borders and crack down on your community: Oh, we have such a pital, and we have one man who has a those people who would offer employ- shortage of workers here. We have so broken arm and we have one man who ment to folks who wanted to come in many jobs that people are not doing. is skinned up because he slid on the here illegally and we would prevent We are just really in such desperate pavement and maybe he has a broken that. Mr. Speaker, the number, and need of help, it is a crisis in our coun- hand and maybe a sore back, and then whatever it may be but it is in the mil- try. Mr. Speaker, I would also submit we have one man who has arterial lions, clearly above 10 million and less that is not the crisis that the Amer- bleeding from the throat, where is the than 20 million by most estimates, that ican people are concerned about. crisis? The man with the arterial bleed- are here in this country, as some like So then let’s examine this picture ing from the throat is going to bleed to say hiding in the shadows of our further. Let’s say, well, the statistics out and die in seconds if the emergency economy today, they are here. Now, seem to show us that pretty regularly room does not immediately go and stop why are they here? 1,000 people cross the Mexican-U.S. bor- the bleeding where it is occurring be- Did we enforce the border? No. Did der into the United States every single cause it doesn’t take long for the heart we crack down on employers that were day. That probably on many days is a to pump the body dry out of a main ar- employing these people? No. Did we do very conservative estimate, but the av- tery. Of course, our well-trained med- what we promised the American people erage that both the Border Patrol and ical professionals in this country would we would do when we basically granted those who are down there that are try- recognize to go to the crisis and meet amnesty to 3 million people back in the ing to determine what is happening, the crisis where the bleeding is. 1980s? And that 3 million, by the way, that is pretty much what everybody The bleeding, Mr. Speaker, is at the grew in great proportion, because when agrees to, that at least 1,000 people a border. That is where the bleeding is.

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.111 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5108 CONGRESSIONAL RECORD — HOUSE July 12, 2006 We have to do what we have to do to venirs from Mexico, which are very, coming into this country. The Mexi- address how to stop the bleeding on the very cherished in Europe, and enjoyed cans we would take back to Mexico and issue of immigration. a camaraderie with the Mexican people we would enforce the law. Right now we have two bills that are that was wonderful. It was a good place The people say to me in my district, about to be discussed in conference to take people to show them the fellow- when we start talking about immigra- committee that supposedly the two ship between Texas and Mexico. tion, at least 20 percent of the ques- Houses of Congress are looking at what Mr. Speaker, I wouldn’t recommend tions I have in my town hall meetings is important to take care of so that we anybody crossing that international are, What’s wrong with enforcing the can start down the road of having a re- bridge today. Not one soul. Because laws we already have? I can’t say a sponsible immigration process. what JOHN CULBERSON stepped on on word because I agree with them. I I would submit to you, Mr. Speaker, that bridge was a spent round of a nine agreed with them when I sat on the that after three trips to the border in millimeter automatic weapon that had bench as a district judge and we would the last 9 months, I am absolutely con- been fired at our Border Patrol. Not be- call Immigration to ask them to come vinced that not only is the need most cause they were shooting at them, just pick up people who were clearly ille- important that we secure our borders, because they were shooting in that di- gally in this country and have reluc- but what the American people want us rection. It had pock marks, where we tance to do so. to do is secure our sovereignty and our could see on the international bridge I saw it with a number of our people borders, both on the southern border that it had ricocheted off and ended up sitting in our jails in Williamson Coun- and the northern border of these on the ground, and Mr. CULBERSON ty, Texas, who were illegal aliens, tak- United States, but the bleeding right stepped on it. ing up jail space that our taxpayers are now and the numbers coming across Mr. CULBERSON can show you that spending good, hard-earned dollars for. are clearly in the south. spent round, and I’m sure, Mr. Speaker, I saw them at the emergency rooms in I think the bill which has passed the you have seen it. our little local hospitals and in our big House of Representatives is a bill that metropolitan hospitals, overwhelming deals with the issue that is in crisis in b 1715 our medical system; and we could not America today on the issue of immi- We asked the Border Patrol, what’s get the response we needed. gration. And I am going to submit to this? We have neglected our job, and now you, Mr. Speaker, that if any of our Oh, that is a 9 millimeter. About 3 the House is saying we are ready to get Members, and many of them have, and days ago they kind of sprayed the the job done and we are submitting the so I want to praise them for doing so, bridge a little bit. It happens a lot. We resources and the ideas and the man- but if any of them will travel to the kind of just duck and then keep the power and the technology to the Bor- border towns of Texas, and I would traffic moving. der Patrol and those agencies, includ- highly recommend a trip to Laredo, What kind of world are those people ing our Texas sheriffs and other law en- Texas, or El Paso, Texas, or Del Rio, living in there? And then that night forcement people in Texas and Arizona Texas, or Brownsville, Texas, or and every night before and every night and New Mexico and California, so we McAllen, Texas, or any of the other thereafter, 1,000 breakers of the law can start to meet the crisis at the bor- border crossings, but this day I rec- cross that international line from San der and stop the bleeding. That is what our House plan says. ommend Laredo, Texas, and if you are Diego to Brownsville and break the And it says, this is a start. We will not frightened about what you learn laws of the United States. back this up with action. We will do from the Nuevo Laredo citizens and Mr. Speaker, as we analyze the evidence here, it is pretty clear. We have the job and we will support the laws from the Border Patrol immigration that exist, and we will make better and ICE as to what is going on in La- a crisis on our southern border. Now, how are we going to deal with that cri- laws on the books. redo, Mexico today, then your wood is Now the Senate has another plan. sis? The House bill says, let’s go and mighty wet because you just don’t see The Senate sees all those things that I target sealing up our borders as best it. listed in our evidence that we were we can. Nobody in their right mind The fact is there is a drug war raging looking at as to what is the crisis in who has ever been to south Texas or in Nuevo Laredo. That is a cartel war immigration. The Senate is sitting west Texas and seen those miles and going on with people firing automatic there saying, We have to address all of weapons at both civilians and members miles of Texas that we are all so proud them. In fact, they seem to be more in- of the police force and the army in of, they all know it is going to be a terested in those things that our evi- Mexico right across the Texas border. tough job to secure Texas borders dence shows are not bleeding than they Live fire is received across the Texas alone. seem to be interested in where the border constantly. Ask the Border Pa- And Arizona is just the same desert. bleeding is at the border. trol, they will tell you about it. They It is the same wide-open country. And Now, they have some things in what know about it. God bless Arizona and New Mexico and I would like to call the Reid-Kennedy Congressman JOHN CULBERSON and I California, they don’t have the ankle- bill, and I will explain that in a were there, with our colleague Mr. deep Rio Grande to protect their bor- minute, but the bill that came out of CUELLAR, visiting on the southern borders. All they have is a barbed wire the Senate. What they have done, they der. JOHN was walking out on the fence. So it is not an easy job for us to have some border enforcement provi- bridge and his foot slipped on some- secure that border. sions. I don’t want to deny that. But thing on the international bridge, a But, Mr. Speaker, we have the tech- they spend a lot of time trying to deal bridge, by the way, that being a native nology and the know how. We have the with what are we going to do with Texan who spent at least 45 years of his people who can do the job. If we pro- these people that are here, that are al- life in the central Texas area, I have vide the resources, we can make it ready here illegally, and what are we crossed as many times as there are much more secure and move towards going to do about a work program. Members of the House of Representa- making it secure so those law-breakers So they come up with a convoluted tives I would certainly venture to say, who want to enter our country find it plan that, I am going to title part of because I have a great love for the very difficult to enter our country. this plan as the ‘‘illegal document in- country of Mexico. They find themselves being detained, dustries job security plan,’’ all right, I have visited Nuevo Laredo on nu- being deported. because one of the things we know, and merous occasions. I have taken my Those people who come into this I know that the Speaker knows this wife Erica, my mother-in-law and fa- country from other countries find from his past experience, and others ther-in-law from the Netherlands, Ger- themselves not with a get-out-of-jail- know, that most of the people, in fact, man visitors that have visited us from free pass as they can wander among the all of the people who are illegal aliens Germany, my wife’s nieces and neph- populace of the United States as it working in the United States, our em- ews from Germany, I have taken all used to be with our catch-and-release ployers 90 percent of the time are mak- these people across that border to have program, but under the House bill we ing sure that they have some docu- a good meal, to go shopping for sou- would detain these people, these OTMs mentation to show at least on their

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.113 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5109 books that that person is legally in the show three sources of unreported in- And yet we have created an immigra- country. And they are taking this doc- come for you that you did not declare tion system that for the vast, vast ma- umentation and putting it into files. on your tax return. jority of people coming into this coun- But there is a real, solid industry She said that is impossible because I try, they are coming in illegally. along the borders of the United States am a stay-at-home mother and wife. There are good, hardworking, honest producing false documents, false Social My husband is the only source of in- people who are doing it right to come Security cards, false driver’s licenses, come in our family. into the United States. We are that false pay stubs, pretty much anything The IRS said, No, ma’am, according beacon of freedom, liberty and oppor- you want. It is interesting to note that to our records you have three jobs in tunity. We are the same beacon we part of that industry grew up and got Arkansas working in chicken proc- have always been. But the difference is, its birth out of what, out of amnesty in essing plants in three different cities. these people wait in line. the 1980s because it took some docu- You would think that the man would If you are from the Philippines, they mentation to show that you had been realize just by his very statement that tell me you wait 16 years to come into in this country for awhile so we could didn’t make any sense. the United States. It took my district give you that fast track to citizenship. She said, How can I work in three dif- director 18 months to bring his wife So those people who came over last ferent cities in three different proc- and two children. His wife was edu- night were quickly out there looking essing plants every day? How would cated at the University of Texas in El for somebody to mass produce for them that work? Paso. To bring them in from Canada, He said, Yes, I guess that is right. documents to show they have been here he did it legally, and it took 18 months; Maybe we better take a look at this. It for a period of time. the woman never even had a parking looks like somebody is using your So- Now the Senate gives us a plan that ticket. says if you have been here so many cial Security number. They tracked down that Social Secu- So there are honest, hardworking years, you have to do this. So many rity number. A little stink was raised people that are doing it the right way, other years, you have to do this, but to try to get it done. Guess what. Not and those are the immigrants that we you are on track for citizenship; and if only did these three people have that reference when we say: We are a nation you have been here 10 years or what- Social Security number, but, lo and be- of immigrants. That is right, we are a ever their number is, you are in line, hold, they had gotten a valid copy of a nation of immigrants that came here but you are behind everybody else. But Texas birth certificate to go along with legally and came here to be Americans you are in line for citizenship. We are it because as it turns out, all it takes and to be part of America and to con- going to require proof that you have to get your birth certificate is a Social tribute to America and to learn to be been here that period of time, and the Security number. part of our society. They didn’t come illegal document printing presses are So these people have been running up in to live in the shadows of our Nation. rolling today in anticipation of the her income and reporting it on that So- That’s the kind of immigrants we need Reid-Kennedy bill, and it is now ap- cial Security number by the employers, to encourage. But our system now is so proaching a several million dollar in- and they thought they were going to overwhelming that it is 50-to-1 illegal- dustry. hold her responsible for that income. to-legal people coming into this coun- These poor people who came here to Mr. Speaker, that kind of false docu- try today. work are paying sometimes a month’s mentation is all over America today. Some of the other interesting things pay just to get a false Social Security So the Senate in that one section is that the bill will do, the amnesty part card or get a false document showing creating, I would argue, another illegal of the bill that the Senate has passed, that you have been here for a certain industry in this country. as a result of the amnesty provisions period of time to meet this deadline. Or Mr. Speaker, I have a background, they have created, over 60 million new here are 20 paychecks dating back 10 and many of you in the House know, immigrants will be allowed in this years so you get in that other good line and I know you know this, Mr. Speak- country over the next 20 years. Do we so you can become an American cit- er, I spent 20 years as a judge on the need 60 million new people? I don’t izen. bench in what I would argue, and you know, but it is an overwhelming num- This provision of the Senate bill is a won’t get much argument back in ber. Federal Government boost to an illegal Texas, in the toughest county in the Mexico, under the Senate bill, would industry producing illegal documenta- State on criminals. I spent 20 years have to be consulted before we built tion for the United States. putting people in prison for illegal be- any barriers on our borders, protecting Mr. Speaker, why do we know that? havior. our sovereignty. We have to call up the Because we have experience to prove it. We have prosecutors who do their President of Mexico and say, Excuse The few cases that have been pros- jobs. We have law enforcement officers me, we are thinking about building a ecuted, we find all kinds of fraud and who do their jobs, and we have judges fence. illegal documentation on Social Secu- and juries who tell people: You do rity cards. crime, and you do time in Williamson b 1730 Something that is interesting in my County, Texas. This is the world I grew We are thinking about building a district, I have a lady who got a call up in, and it is the world I believe in, wall. We are thinking about building from the IRS. I am going to say some- and it is the reason that today and for barriers where you can’t drive your ve- thing on this. I am going to say the the last 10 to 12 years at least that I hicles loaded with dope across our bor- IRS seems to be doing at least some know of, the lowest crime rate in the der. Would that be okay? Oh, it’s not? thinking outside of the box. The Social State of Texas was in Williamson Sorry. We will call you later. What Security system, obviously everything County, Texas. It is because criminals kind of thinking is that, Mr. Speaker? must be computerized because there knew if you want to go into the crimi- And then, you know, whether you be- don’t seem to be any human beings nal business, find some other county lieve the rhetoric that went on in the with common sense in the Social Secu- because in Williamson County, the cost Social Security system argument that rity system. If you have a Social Secu- of doing business is high. And I am took place in this House a year ago or rity card, and I heard a number today proud to say my colleagues that were not, all logical thinking people will tell of the billions of dollars of money that on the bench with me are maintaining you our Social Security system has got comes into Social Security, and every- that kind of standard in Texas today. some real problems meeting its obliga- body says it is all on ten Social Secu- But why do we do that? Because we tions. Once the baby boomers are in rity cards and it is coming from 100 dif- want the citizens of our county and I the system it is going to be a problem. ferent sources on one Social Security want the citizens of my entire district But the Senate doesn’t see a problem card. They know it is there. They say, to feel like they live and raise their because they are wanting to guarantee Hmmm, that’s interesting. children and go to work in a safe com- Social Security benefits would be pro- But I have a lady in my district who munity, a community that respects the vided to illegal immigrants. For the gets a call from the IRS. They said we rule of law and does not tolerate un- time they were in this country ille- looked at your last tax return and we lawful behavior. gally we are going to give them Social

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.114 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5110 CONGRESSIONAL RECORD — HOUSE July 12, 2006 Security benefits in this country. I So as we are going to process these Senate immigration legislation, our hope the teachers back in Texas who people, at a minimum, and I would friend Mr. KENNEDY offered one that don’t get their Social Security bene- argue much more, but at a minimum, would allow illegal immigrants who fits, and should, are hearing this mes- we put 15 million people into the sys- have worked less than 40 days to be eli- sage, that the Reid-Kennedy bill thinks tem, all of whom are going to need gible for green cards. The amendment they should have Social Security bene- background checks. If not, then how do was adopted with the support of 42 fits, but unfortunately, Texas teachers we know that the one we don’t give a Democrats. 41 Republicans opposed it. don’t get it. background check to is not a terrorist? The Senate legislation included a Also, I happen to have been blessed Because we know for a fact, we have provision to award Social Security ben- with four beautiful children and I am caught people coming across our border efits, which I have already talked real proud of them. But when you get from Iraq, from Iran, from Afghani- about, to illegal immigrants. The Re- ready to send them to college you have stan, from Pakistan, and from areas publicans offered an amendment to got to be proud of them because they that have harbored terrorists all over strip this provision from the bill. Mr. cost a lot of money, okay? And my wife the Middle East have crossed our KENNEDY led the fight, the Democrats and I can testify that sending four kids southern border. We know that because cast their vote, and now, under their to college is one of the great experi- we have caught them, and we have ac- bill, we are giving Social Security ben- ences of life. Of course it is not going tually caught some that are on the ter- efits to illegal immigrants. to be too bad an experience for illegal rorist lists. An amendment sponsored by Sen- immigrants because rather than being Now, does that mean we are just ators HARRY REID and TED KENNEDY re- out-of-state tuition payers like any- going to, for this 15 million that are al- jected English as our national language body from any other State or country ready here because they have been here and supplanted a Republican amend- that would come into this country, oh, for at least a couple of days, up to ment that would have required those no, the bill will guarantee them in- maybe 10 or 15 years, how do we know seeking citizenship to learn English. state tuition. And believe me, in Texas what their background is if we don’t do And guess what? That is the law. You the difference between in-state and out a background check? are supposed to. of state, as you well know, Mr. Speak- So we are going to dump that 15 mil- You know, when my wife became an er, is a substantial plus for these ille- lion people into the system. Then each American citizen, and that is some- gal immigrants, these people who year, in addition to that, we are going thing I ought to tell everybody and all broke the law. Some of them crossed to dump 350,000 guest workers into a of the Members of the House ought to that border, Mr. Speaker, 10 or 15 times system, into a system, Mr. Speaker, know this, and I think many of them before they dodged that Border Patrol. my office that works in my part of the do. I certainly am not anti-immigrant. You know, you meet with those Bor- State of Texas in San Antonio, into a I am married to one, and she gave me der Patrolmen out there in the bushes system where right now people who are four beautiful children, and she is a and you talk to those guys and when trying to get clearances on their visas great American and proud to be a natu- you get them to kind of open up with or trying to get clearances to become ralized American citizen of the United you, they say, you know, kind of one of citizens of the United States. The San States. But she had to demonstrate a the frustrating things is some of these Antonio office is working on the years proficiency in English to become an guys I know them by their first name. 1998, 1999, 2000 and 2001, with just the American citizen, as did those soldiers I catch these guys every other day normal legal immigration issues that that I was at a ceremony where we until they finally slip past me. I know are in the system now. swore them in who have served their who their kids are just about, I have How are those folks going to deal country and earned the right to Amer- visited with them so much. But they with that 10 million or 150 million peo- ican citizenship less than a month ago ultimately get by and they ultimately ple that we are going to have to do all when I was with a bunch of soldiers at get in, and then we don’t find them. that processing on that we are going to Fort Hood, Texas who became Amer- And I am just touching on a few all of a sudden anoint with some kind ican citizens because of their service in points. So we are also going to create a of route to citizenship? How are those our United States Army. They have worker program under the Senate bill people going to do in San Antonio, proficiency in English. And yet, the to bring people in here. So let’s see, we Texas with that 350,000 people that Democrats in the Senate don’t think are going to deal with, somehow deal cross the border and have to have those you need proficiency in English. with the citizenship aspect of 12 to 15 things? This issue, this is one I want to talk million people who are already here. Mr. Speaker, I would submit that the about just a little bit. This creates a Then we are going to have a program evidence of what has happened in the lot of turmoil. Proficiency in English, that is going to bring in, I don’t know United States since amnesty, back in English as the language. the number, 250, 300,000 a year under a the 1980s, the evidence is overwhelming Now, folks, if you don’t know English work program. that when the system becomes over- is the national language of the United Let me tell you something, Mr. whelmed by its burden, the system States, you are brain dead, and that is Speaker, and I know you have experi- breaks down to where the system all I can say. Anybody speaking any enced this in your part of the country doesn’t work. And I find nobody even other language than English in here too and your part of the State. People thinking out just that little simple today, when you respond to me, Mr. who are waiting to do this thing le- part of this as to how in the world are Speaker, I expect you will respond in gally, waiting to get their background you going to be able to make this thing English, and my colleagues over on checks, waiting to do the right thing, work without overwhelming people this side of the aisle will respond in you know, to have sponsors that will that are in the immigration and natu- English, although many of them are vouch for them so they won’t be a bur- ralization business? How are you going probably multi-lingual, and some over den on our welfare system, this is what to do it? here are, but English is the language people who come in here legally do. I would submit, Mr. Speaker, that is our society functions in, and it has They have to have a background check. exactly what is going to happen to functioned in since we created this The FBI checks them to make sure those folks if the Senate bill passes. I country. they are not terrorists, make sure they want to tell you, I keep calling this the This issue was debated by the Conti- are the kind of people we want here. Reid-Kennedy bill and it has a different nental Congress. This issue was voted Someone has to stand up for them and title. But I think that is an appropriate on by the Continental Congress, and at say when they come here I will make title because this is actually a bill that least the stories I have heard told is sure they are not a burden on our soci- was pushed through the Senate by the that what happened was German lost ety; I will guarantee that they will Democrats. by like two votes or we would all be have a place to be and a job and these And let me tell you just a couple of speaking German today. The whole type of things. That is how it works le- examples. Among the many Democrat face of the world might have changed. gally. Of course these illegal people, amendments to the bill that was sub- But we didn’t. We selected English as none of that is done. mitted when they started out with the the national language.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.116 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5111 Now, are there people in this country daily in disgust at the Senate’s bill and said, What really worries me is that we that want to create a whole society of wondering what is going on here in are going to let all of these other peo- second class citizens who don’t speak Washington. Instead of tougher border ple in line, people who came here ille- our language, so they will always be security that Judge Carter has said gally. People who truly do not love our kept down on that lower rung of a soci- should be an absolute first step, and country. ety, an English speaking society? enforcing current laws, our constitu- And his comment, I just will abso- I would submit that is a question ents saw the Senate granting a free lutely never forget. His comment was that ought to be asked because I don’t pass to law breakers. so poignant and he was so passionate. want any of our colleagues in this The Senate bill is fundamentally un- He said, As everyone here, we don’t ob- country, any American citizen to be a fair as it applies only to those who ject to their applying to come to this second class citizen. broke our laws instead of those who ap- country, but let them do it legally. Do We heard a very impassioned speech plied legally to come to our country. not let it be a back-door pass to get in about the Voting Rights Act today, and The Senate bill should be called the the front of the line to become a cit- I highly respect that. And let me say, I ‘‘No Illegal Alien Left Behind Act,’’ be- izen. don’t want anybody of any color, any cause it gives aliens, for example, in- I am sure that every Member of background, any language, to be a sec- state tuition rates at colleges, and it Congress’s caseload is very similar to ond class citizen. And in order to be a prohibits local law enforcement from mine. You have upwards of probably first class citizen in this country you working in cooperation with border pa- 200 immigration cases, 200, 300 immi- have got to be able to function in the trol to make sure that our borders are gration cases, that every single office economy and the world we live in, and secure and that illegal aliens are appre- is trying to help. These are people who that function is in English. hended. came here legally. These are people So you are not discriminating The bill in the Senate also counts who are trying to stay here legally and/ against people. You are giving them a time illegally in our country toward or to bring over some of their relatives. lift up by saying, we need you to know the 10 years, or 40 quarters, that a per- And to count time illegally in our how to function in an English speaking son must work to be in the Social Se- country towards Social Security is society. curity system. something that our forefathers must be But not the Senate. They don’t think turning over in their grave, Judge. I b 1745 that is a good idea. And our Demo- can only assume that. cratic colleagues in the Senate made That is just wrong. They were here So with the bill that the Senate sure that the provision that we recog- working illegally. passes, I am so pleased that Americans nize America as an English speaking Even their attempt to get it right is can differentiate between the Senate land was not in there. The majority of kind of wimpy. They cited English as giveaway bill and the House bill that the Democrats in the Senate voted for the ‘‘common and unifying language’’ says we need to secure our borders the Reid-Kennedy immigration bill. instead of making it the official lan- first. When I am back in the district, I The majority of Republicans in the guage that we all know that it is. The tell my constituents, I do not believe Senate voted against the Reid-Kennedy Senate also says that they want a government can multitask. I do not be- bill. So that is why I am calling it the fence, but their language provides one lieve that we can do both. I think we Reid-Kennedy bill, because this is the that is too small to really do any good. need to secure our borders and then Democrats’ version of the solution for Further, in the Senate bill, it would look at some sort of a guest worker what we need to do in America today allow 217 million new immigrants over program that really works. on immigration. the next 20 years. That is two-thirds of Certainly, like every Member of Con- Now, I have talked probably way our current population. That is just gress, I have businesses in my district longer than I should, but I am now very not an acceptable public policy. who are using immigrant labor. Hope- happy to be joined by one of my col- When I was back home over the fully, they are legal immigrants, but leagues who wanted to also be heard on break, I believe it was during Memorial we want to have a guest worker pro- this issue today, so I am going to yield Day, a young man asked for an ap- gram that truly works. But first and to the gentlewoman from Florida (Ms. pointment. And, Judge, I am sure that primarily, we must secure our borders. GINNY BROWN-WAITE), a very distin- when people ask for an appointment, I do not think that my constituents guished Congresswoman from that fine they usually want something, they are any different than the gentleman State, and I am proud to say a member want us to support something. And I from Texas’s constituents. Actually, of my class in this Congress, as much always meet with people who want to they probably feel even more passion- time as she wishes to consume. meet with me who feel that compelled ately about it. Ms. GINNY BROWN-WAITE of Flor- that they want to spend the time to I was recently down at the border in ida. I thank the gentleman from Texas give me their opinions. El Paso and spoke to some sheriffs for yielding me some time. And this young man was from Bos- there who say, No, secure border, finish I come to the floor this evening to nia. And like every Member of Con- the fence. Where we were, there actu- speak out against the Senate’s am- gress, we have people whom we will ally was a fence, but they are con- nesty plan because, let’s be honest, never forget, who truly touch our cerned about all the other areas on the that is really what it is. hearts. He was 17 years old when we border where there are no fences. And Since the Senate decided to forego went into Bosnia, and he went over to most of the sheriffs along the southern sensible, I am repeating, sensible bor- the American consulate, and he asked border have joined together and are der security and grant a sweeping am- for the ability to come to this country working cooperatively with our Border nesty program to illegal immigrants, as a political prisoner. And he told me Patrol. And that is a good thing. That everyday citizens have had to virtually a story, that he loves America so is a very good thing. Under the Senate consider taking matters into their own much, he actually has applied to be- bill, they would be prohibited from hands. come a naturalized citizen. And, of doing that. Some of my constituents have actu- course, I am thinking, Okay, this is That is not what we want. If we ask ally been sending bricks, and why they where he asks me for something. our citizens back home what they real- are sending bricks to us is to send a He did not ask me for anything. He ly believe we should do, they want the message to finish the wall, to build the put in his application in 2001 in August. borders secured. wall so that we have a secure border. He knew that they were only up to I was over in my office, and I heard That, ladies and gentlemen, is what February. But his comment was so the good judge talking about the fact our constituents want. Obviously, if poignant, he said, I did everything that other than Mexicans are coming they feel so compelled to be sending right. I didn’t come here illegally. I over. So this obviously is not just an these bricks to Members of Congress, came here under political asylum. I ap- issue of border security and immigra- they feel very strongly about it. plied for the right to be a citizen in tion. It is a national security issue. Mr. Speaker, our borders are hem- your great country, to be a naturalized Keeping our borders secure is so impor- orrhaging with Americans looking on citizen in your great country. And he tant. If you do not know who is coming

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.117 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5112 CONGRESSIONAL RECORD — HOUSE July 12, 2006 and going across those borders, that is going to tolerate illegal aliens, and one I hope that our friends across the where a danger to our country, to our that does not give away citizenship country will contact our friends in the security, actually exists. like free candy. Senate and say, please, let us think Those of us who are parents know When I started receiving these this national issue out long and hard that you do not reward bad behavior. I bricks, I initially wrote back to my and right, always promising we are am just not certain that that is the constituents suggesting that they send going to resolve it. I am not saying run slogan in the Senate, because it ap- them over to the Senate. But I am from it, but let us go where the bleed- pears as if they are rewarding bad be- afraid that once the Senate passed that ing is. havior. You break the law, you come bill, they will not be sending them. Go to the border. Stop the bleeding. here, you stay here, we do not know They might be throwing them. Enforce the House bill, border security anything about your criminal back- Judge Carter, I appreciate the oppor- first. And with that, Mr. Speaker, we ground, and we are going to reward tunity that you have given me this will be walking down the road to mak- you. That just is not in the American evening to join you in discussing the ing a better life for all those who wish tradition of fairness. That is not what differences between the Senate and the for liberty, freedom, and economic se- our citizens want. If the Senate bill House plan. curity of the greatest Nation on Earth. only benefits those who came here ille- Mr. CARTER. Mr. Speaker, I thank I thank the Speaker for giving me gally, overstayed their visa or violated the gentlewoman from Florida for join- the time to address this House tonight. ing me here and giving a very good their visa terms, that is not what our f citizens want. presentation of what a Representative Do we really want these law-breakers of another State besides Texas feels b 1800 as new citizens of our great Nation? about this, one that is not on the bor- 30-SOMETHING WORKING GROUP Should we cave to law-breakers who der, but sees the crisis on the southern take to our streets waving other coun- border of the United States. And, The SPEAKER pro tempore (Mr. tries’ flags and demanding rights? again, I thank the gentlewoman for MCCAUL of Texas). Under the Speaker’s Mr. Speaker, I am not opposed to joining me. announced policy of January 4, 2005, legal immigration in any way, shape, It is my understanding, Mr. Speaker, the gentleman from Ohio (Mr. RYAN) is or form. As a matter of fact, everyone that my time is about to run out. I recognized for 60 minutes as the des- here, their ancestors were immigrants. want to tell you that one of the things ignee of the minority leader. I have certainly come to respect the we all in the House should be proud of, Mr. RYAN of Ohio. Mr. Speaker, we process that people go through to be- and we over on this side of the aisle, appreciate the opportunity again for come Americans. Obviously, we in the word I am hearing is we are going the 30-something Working Group to be Florida, in particular, have a lot of im- to stand fast and we are not going to down here to talk about issues that are migrants who came here from a very reward unlawful and illegal behavior pressing not only to the country but to dictatorial country, Cuba, and these by giving a free ride to anybody. We those people who are in their 20 some- people are some of the most passionate are going to say we will enforce our things or 30 somethings and how some people about the rights of citizenship border, and then we will take a hard, of the policies here in Washington, in America and how the illegals should studied, intelligent look at what we D.C., are playing out in their day-to- go through the process legally. They need to do to deal with the rest of day lives. want to make sure that their neighbor, these, part of the big picture, but not The previous speakers talked a lot the person who may be driving their crisis issues that are addressing our about making sure that we secure our children on a school bus, that they country today. border, and the Democratic Party has have had some sort of a background And we have got great thoughts and been very supportive of trying to fund check. They are angry at people who great ideas, biometric identification on Border Patrol and take different meas- kind of sneak in the back door and that your Social Security. Many, many ures that we are going to make sure those people might get preference to great ideas, all of which we should take that we did actually secure the border. those patiently waiting in line. our time, do it right, because with all I think all Americans can agree that if And you know what? They are right I have talked about, about enforcement we do not secure the border, any policy to be angry. Toying with mass amnesty of the law, which is my background, I that we try to deal with afterwards is a slap in the face to those who are still remember we are talking about will not be effective until we actually fighting to keep our borders secure. If human beings. And if we do not plan do secure the border. Congress condones the crime of cross- right, with compassion, do it to where I would like to go through a list here ing our borders illegally, then what it makes sense, then a couple of ques- of different amendments that Demo- have we been fighting for? If we do not tions come to mind. If our bureaucrats crats have tried and tried and tried to mean what we say and illegal entry is get overwhelmed, what happens to the get passed since 2001 that the Repub- okay, why even have immigration laws people that are here? They are going to lican majority has voted against. Now, at all? be overwhelmed too. And what are they this is not a partisan issue. You would The Senate bill is kind of like some going to do? Stay in the shadows. think it is an issue all Americans fashionable religions that think that I hear so many people using the rhet- should be concerned about, but some- the Ten Commandments are just sug- oric, ‘‘You can’t deport them all.’’ I times when you get one-party control gestions because they totally ignore have not heard anybody in this House of the House and the Senate and the the fact that these people have broken talk about deporting them all. But if White House, you get obstruction and the law. So many of us in this House they do not get in the program because this is what happened. These are all believe that the key to our homeland it is so overwhelming and it is not well dated and these can all be found on our security is border security; and I can- planned and they stay in the shadows, Web site. not agree with and I cannot support then what do we do with them? Nobody In 2001, vote 454, November 28, Repub- the Senate plan that pits border secu- has even talked about it. They assume licans voted against consideration of rity against a free-for-all amnesty everybody is just going to just step up an amendment that would have added plan. We do not have the resources to and say, It works like a clock, no prob- $223 million for border security. In 2003, hold back the tide of illegal immi- lem, we will all be processed in 30 to 60 another one, Republicans voted against grants, and promising amnesty will days, hallelujah, praise God, we are consideration of an amendment that only bring millions more rushing to Americans. would have added $300 million for bor- our shores. Mr. Speaker, it has not been thought der security. 2003, vote 305, Republicans The gentleman from Texas and I out. The plan submitted to us, the once again voted against consideration worked and spoke very favorably about Reid-Kennedy bill, it does not have any of an amendment that would have the bill that we passed in this House, of these hard questions thought out. added $300 million to enhance border H.R. 4437. And it is a good bill that se- And it will bring worse chaos to a cha- security, adding border agents and in- cures our borders. It is a bill that sends otic system that has laws in place we spectors along our border. June 16, 2004, a very strong message that we are not could enforce today. vote 243, Republicans voted against

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.118 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5113 consideration of an amendment that tightens reins on free market, where still support this bill, this possible can- would have added $250 million, Mr. President Putin is having a Cabinet didate for the Republican nomination Speaker, in order to meet the promises meeting and those major members of for the presidency in 2008? Whatever that the Republican majority made re- the Cabinet are also running major en- happened to Senator MCCAIN? garding the PATRIOT Act. Again in terprises in the state. Mr. MEEK of Florida. Mr. Speaker, 2005, vote 160, Republicans again voted It is imperative for the United States well, let me just say that it is an honor against a motion to send a report back of America to maintain this position of being here tonight with my colleagues to conference with instructions to add strength, and it is nice to see that I and 30-something Working Group, and I $284 million. And for fiscal year 2006 have been joined here by my friends am so glad that Mr. RYAN was here to and 2007, Republicans have repeatedly from Florida and from Boston and our catch the hour. I notice that he has broken the promises they made on bor- other friends who made it here, too, to taken the high road here or the high der security in the intelligence reform have this discussion about why it is so ground here tonight, and it is so good bill, the 9/11 Act of 2004, which included important for America to maintain to be in the well. 2,000 additional border patrol agents, this position. The Democrats have con- But I just want to say to Mr. 800 additional immigration agents and sistently tried to take this country DELAHUNT, it goes back to our discus- 8,000 additional detention beds per year into a new direction, into another di- sion the last two evenings. Our Repub- from fiscal year 2006 to 2010. rection and get ourselves out of this lican colleagues on the Republican side Democrats have consistently tried to wageless recovery and this endless oc- of the aisle, which is the majority, increase border security, and the Re- cupation that we are in. what is not a great value of that ma- publican majority has consistently I would be happy to yield to my good jority and the leadership is being voted against it. I am not done. Again, friend from Massachusetts. straight with the American people. 2005, vote 174, Republicans voted Mr. DELAHUNT. Mr. Speaker, I Mr. DELAHUNT. Well, yeah. against consideration of an amendment thank Mr. RYAN for yielding the time. Mr. MEEK of Florida. So this is a that would have added $400 million for As I was waiting to come over, I had consistent theme of not being straight border security to meet the promises an opportunity to watch our friends with the American people. They take that Congress made for the 9/11 Act, and colleagues on the other side of the value in not being straight with the again increased immigration agents, aisle speak about immigration, and I American people, need it be deficit increased border patrol agents. discovered something tonight, and that spending, record breaking borrowing. I 2005, vote 187, Republicans voted is that they really have a great sense read an article just last night or the against a Democratic substitute to the of humor. night before as it relates to the Presi- homeland security authorization bill Now, we know individual Members dent saying that we have to send a that was designed to fulfill the prom- over there that are friends of ours, we message to Congress that we want con- ises again in the 9/11 Act, and it goes on enjoy them, and they have a sense of trol on spending and their appetite on and on, again vote 188, in 2005; vote 56 humor, but collectively they have a spending the taxpayers’ dollars, to let in 2006; vote 210 in 2006 in May, where sense of humor. They were eloquent in the American people know that we are the Republicans finally voted against their comments and their observations, fiscally responsible. Then the next day consideration of an amendment that and I noted that they continued to signing the largest pork barrel bill, would have added $2.1 billion for border refer to the Senate bill, Mr. Speaker, transportation bill in the history of the security. as the Reid-Kennedy bill. Well, I guess republic. Being straight with the We have tried and tried and tried to we must be playing some sort of funny American people. Not a week later, but put the proper legislation and the prop- game because I am going to ask my the next day. er funding in place, Mr. Speaker, to se- colleagues to help me. Telling us here on this floor that a cure our border, and that needs to be Whatever happened to JOHN MCCAIN? prescription drug program costs one the message. Before we get on to any Did he just disappear? I thought it was thing, find out a week or two later that other discussion regarding immigra- Senator MCCAIN, who there is a rumor, it has doubled in costs, and then tion in the United States of America, if Mr. Speaker, that he might be a can- months later, several hundred million we do not secure that border then noth- didate for the Republican nomination dollars more. ing will matter, and that is exactly for President, that he had something to So when we start looking at being what we have been trying to do. do with that Senate bill. Has anybody straight with the American people, and I think, Mr. Speaker, when you look seen Senator MCCAIN? Congresswoman I think that is the frustration of Re- around the world, and it hit me as I WASSERMAN SCHULTZ, have you seen publicans and Democrats and Independ- was reading the Sunday Times from Senator MCCAIN? ents, and voters, period, out there is this past Sunday, why it is so impor- Ms. WASSERMAN SCHULTZ. Mr. the fact that the Republican majority tant for the United States to maintain Speaker, I am going to have to get out has decided that being straight with a strong position in the world, pro- the bloodhound. the American people and leveling with moting peace and democracy and lib- Mr. DELAHUNT. Congressman RYAN, them is not a value. Oil prices, price erty and freedom and capitalism, all of have you seen Senator MCCAIN? It used gouging, protecting special interests, K the basic tenets of our society, all the to be the McCain bill, and now it is the Street Project, a number of other basic structures of our society. If Reid-Kennedy bill. I mean, who is kid- issues that are here on this floor with America does not do it, it will not hap- ding who? the special interests takes the high pen, and it will not happen. Now, you have a Senator, I believe, ground, and they are protected and the All you have to do, if you do not be- from Florida by the name of MARTINEZ, American people are not. lieve me, we like the third party Senator MARTINEZ. I thought that he When we talk about the minimum validators here, look what is happening was involved in the amended version of wage, Mr. RYAN has the charts over in Russia. We hear a lot about what is the Senate bill that eventually passed. there, 1997, there has not been an in- happening in China, crackdown, dis- Am I correct? crease in the minimum wage since 1997, sent, human rights abuses. We hear a Ms. WASSERMAN SCHULTZ. My un- and on that chart we have the Repub- lot about what is going on, currency derstanding, Mr. DELAHUNT, is it was lican leadership saying not over my manipulation, suppression of religious Senator HAGEL, Senator MARTINEZ, dead body is this going to happen, in so freedom, but look what is going on in, Senator MCCAIN. So how this became many words, that we are not going to quite frankly, state-run enterprises the Reid-Kennedy bill—— allow it to happen. that are putting American businesses Mr. DELAHUNT. Do you think it has Here on this chart you have the min- into bankruptcy. anything to do with politics? imum wage down here. Mr. DELAHUNT We also see what is happening in Ms. WASSERMAN SCHULTZ. No. is familiar with this. 1997, you know, Russia. Russia offered to help North Mr. DELAHUNT. You are all silent. I starting with the oil, starting with the Korea protect their nuclear weapons mean, can you help me, please? I am minimum wage here, zero. Here in 2006, with technology, and then this is a spe- just confused, Mr. Speaker. Whatever it has been that way since 1997. Whole cial report in the paper, the Kremlin happened to JOHN MCCAIN? Does he milk has gone up 24 percent; 25 percent,

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.120 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5114 CONGRESSIONAL RECORD — HOUSE July 12, 2006 bread has gone up; 4-year public college District of Florida, you know Dade and they are really not. So any of those has gone up 77 percent; health insur- Broward County. But, you know, I do three things is what happens on the ance has gone up 97 percent; and reg- not want to be them, Mr. DELAHUNT. I other side. ular gas has gone up 136 percent and do not want to come to this floor and Here is the reality on border secu- still climbing. start talking about what they are say- rity, Democrats versus Republicans: We have folks here that are saying, ing, so we are going to rebut what they From 1993 to 2000, under the Clinton ad- hey, give us a pay raise. I am going to are saying. I do not want to be them. I ministration, on average, 642 new Bor- tell you right now, if someone has to want to make sure that we are who we der Patrol agents were added every keep two homes and travel between are. year. Despite the fact that 9/11 high- and do all of those things, yeah, I We are being straight with the Amer- lighted the need for more border secu- would like a pay raise, but at the same ican people. If it is the Bush-McCain or rity, in its first 5 years the Bush ad- time I have a conscience about this. it is the Kennedy-Martinez bill II, ministration added, on average, only Our leadership has said, and we have Arlen Specter bill II, so that if some- 411 new Border Patrol agents. said that we are not going to take a one sees us here on the floor and they Under the Clinton administration, pay raise unless the American people heard, well, they call it the Bush- 642 new Border Patrol agents were get a pay raise. McCain bill, they say, well, they left added every year. Under this adminis- Ms. WASSERMAN SCHULTZ. Mr. the Democrats out, and then we have tration, since 2001, since 9/11, only 411. Speaker, I interrupt only because I just done what they have done. I know It gets better. Between 1999 and 2004, want you to read the quote from the how that can be contagious sometimes we are talking about enforcement, you Republican majority leader about because it happens so much here on know what, the Republicans talk a where he is and his conference is on the this floor. good game about it, we have got to in- minimum wage increase. Mr. DELAHUNT. I am not going to crease enforcement, we have got to Mr. MEEK of Florida. Well, he is a refer to it again as the Bush-McCain make sure that we crack down on ille- good friend of mine, but I am just bill. gal immigration, we have got to make going to read this because I think it is Mr. MEEK of Florida. I know you are sure that employers are not harboring important. I guess this is the position just making a point, sir. illegal immigrants and breaking the here: I have been in this business for 25 Mr. DELAHUNT, I am so glad that you law in hiring them. Well, let’s see if years and I have never voted for an in- were witnessing that. I was in the over- they really mean that. crease in the minimum wage. I am op- sight committee and I could not see it. Between 1999 and 2004, work site imposed to it, and I think that a vast ma- Mr. DELAHUNT. I know that we migration enforcement operations jority of our conference is opposed to worked hard. And I will yield to the against companies were scaled back 99 it. That was just June 20 of 2006. gentlewoman in a moment. That we percent by INS. Subsequently, INS was I mean, obviously this is the philos- have worked hard to secure the bor- merged into the Department of Home- ophy that has been picked up all the ders. That is what we have been trying land Security and now it is called CIS. way from the former Member of this to do for the past 6 years. But in 1999, the United States, this is House who was the majority leader be- I am going to refer to my notes here the year before President Bush took of- cause it has not been increased feder- for a minute. fice, the United States of America ini- ally since that time. We, as a party, have filed amendment tiated fines for hiring illegal immi- Mr. DELAHUNT. Mr. Speaker, I have after amendment as appropriations grants against 417 companies. Mr. to get back to the point that you made bills have come to the floor. If they had DELAHUNT, in 2004, it issued fine no- when I yielded to you about the miss- been adopted, there would be 6,600 more tices to three companies. Three. ing JOHN MCCAIN. Since tonight listen- Border Patrol agents today patrolling 1999, the year before President Bush ing to their remarks about immigra- our border, 14,000 more detention beds, took office, the United States initiated tion, somehow they want to put it on and, Mr. Speaker, 2,700 more immigra- fines against 417 companies for hiring the Democrats that the problem is and tion agents along our borders than now illegal immigrants. In 2004 they initi- was created by Democrats. exist. But those amendments were not ated three. b 1815 adopted because the Republican major- Mr. DELAHUNT. So in the space of Well, nothing could be further from ity voted against them. That is why. some 5 years, enforcement actions the truth. I mean, if you want to give That is why we have the problem today against employers who were hiring ille- this Senate bill a label, the truth is, it that is causing this contentious atmos- gal immigrants—— is supported by President Bush. Now, phere in this Chamber and in the other Ms. WASSERMAN SCHULTZ. I have can you help me? Is President Bush a Chamber. another one. The Bush administration Republican, Mr. MEEK, or is he a Demo- But let’s speak to the truth. Let’s also has a worse record than the Clin- crat? not just simply politicize this debate. ton administration on pursuing immi- Mr. MEEK of Florida. I think the Let’s put the facts out. Who has been gration fraud cases. In 1995, during the President and some members of his in charge of this institution for the Clinton administration, 6,455 immigra- party are struggling to know what his past 12 years? It is the majority Repub- tion fraud cases were completed. In party affiliation is. Because I know lican party, Mr. Speaker. And across 2003, guess how many? One thousand some Republicans that are very con- this Capitol building, who has been in three hundred eighty-nine, 78 percent cerned about what the President has charge, Mr. Speaker? It is the Repub- fewer immigration fraud cases com- done and what he is doing. But he says lican Party, and George Bush has been pleted. he is a Republican under the line that the President of the United States And then if you take the statistics he is a fiscal conservative, but that is since January of 2001. that they brag about, the Bush admin- not the case. Today we have a problem with illegal istration brags that in its first 5 years So we do not know what to believe. immigration. Who is responsible? it caught and returned 6 million un- Ideological wise, he is a Republican MS. WASSERMAN SCHULTZ. Mr. documented individuals. That is actu- President, but at the same time some DELAHUNT, let’s play a game. Let’s see ally a drop from any 5-year period that of the stuff we hear here on the floor which caucus is really for border secu- you can demonstrate during the Clin- would say that it is some other kind of rity and which conference is playing ton administration. party or philosophy that is out there. ‘‘let’s pretend.’’ And we will deal just So that is what I mean when I say But to the answer your question, yes, with facts here, just with factual infor- they just put up the statistics that he is a Republican President. mation, unlike what they do, which is make them look good and leave out all Mr. DELAHUNT. So he is a Repub- either, A, make it up as they go along; the other relevant information. lican. So why do not we refer to it then or, B, say something that is not true Mr. MEEK of Florida. Mr. Speaker, as the Bush-McCain bill that is distinct enough times so that people believe it; number one, we need Mr. Manatos and from the other bill? or, C, just pick and choose the numbers others to get us a chart on that. Mr. MEEK of Florida. I personally, I that work best for them and represent Ms. WASSERMAN SCHULTZ. We am representing the 17th Congressional that they are doing something when have got to have a chart.

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.121 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5115 Mr. MEEK of Florida. We have got to only Chamber that you have to be their debit card or credit card or what- have a chart. Because, folks, they can- elected to. ever it may be into that pump about, not quite capture those numbers on You can be appointed as Senator by a how much is it going to cost me today that small piece of paper you have. If a governor. But you have to be elected to to fill my tank up, they need to think Member was in his office or her office the House. There are no appointments about the individuals that are allowing watching us here on the floor, we want here. So I think it is important that these petroleum companies to take ad- them to visually see their track record folks really appreciate what we are vantage of the American people, mis- on what they have done. doing here. leading the American people. And if I It reminds me of when the President Ms. WASSERMAN SCHULTZ, I want to had my way and we were in the major- flew over the Hurricane Katrina-af- thank you for bringing those numbers, ity, I tell you, I guarantee you, that fected area and came back to the White and I want to make sure that we get it that practice would no longer take House and said, We are sending food into a chart. place. And when it does take place, we and water down, and blankets, and this Let me just say this real quick. I will come to the floor and knock it is just the beginning. have got this chart here, just as an ex- down. Well, that was 3 days after the storm. ample of who we are as it relates to I commend Mr. DELAHUNT for bring- And I can tell you this right now, in sharing information that is accurate, ing the misleading of the American the heat of the summer, I do not know versus some on the majority side that people as it relates to information on what good blankets would have done, are well documented for not sharing who is sponsoring immigration bills in but that is a whole other issue. accurate information to not only the the Senate, and pointing out the fact The bottom line is, just because they Members of Congress and the minority that there would not be an immigra- say it, and I am taking from Gingrich, side and some of their own Members, tion bill that passed out of the Senate just because they say it, ‘‘they’’ is but also the American people. if it was not for the Republican major- what Mr. Gingrich is calling the Re- Case in point: $1.05 trillion that ity voting in the affirmative for the publican majority, just because they President Bush and the Republican legislation, the same way as here in say it does not necessarily mean that Congress that you see here, borrowed the House. it is true. It does not necessarily mean, from foreign nations, foreign nations, 1830 just because they say it, that it is true. between 2001 and 2005. $1.05 trillion b I will share what Mr. Gingrich has have dethroned—that is the new word— Mr. RYAN of Ohio. The same thing called this Republican majority. We do 42 Presidents before this President; 224 with the deficit. With the fourth larg- not have to do it; Republicans and years of the history of this country, est annual deficit in the history of the Americans are saying it. This is the they have only been able to borrow United States of America, the Presi- former Speaker of the House, Mr. $1.01 trillion. dent makes his way out, Madam Speaker, who said in the Knight Ridder Now, Mr. DELAHUNT, this is my point. Speaker, and touts it like it is some newspaper, Friday, March 31, 2006, This is from the U.S. Department of great success, like we should all be ‘‘They,’’ talking about the Republican Treasury, it is right here. Folks can go pounding our chests and proud of this. majority, ‘‘are seen by the country as on the Web Site and get it. Now, if we The fourth largest deficit in the his- being in charge of a government that were meeting in the 30-Something tory of the country. And we are bor- cannot function.’’ Working Group and say, well, $1.05, rowing the money from Japan and And this is what we are seeing, Mr. well, maybe we need to, even though it China and OPEC countries and all DELAHUNT. Folks coming to the floor happened all in 4 years and it took 224 these other countries that give them seeing things that they know are al- years for this to happen, let’s say $1.09, real leverage on us when we try to act tered. They are altering it. They are that sounds better. That would be misin a diplomatic way, whether it is with saying, well, this is the written word leading the American people and the North Korea or Russia or China or and these are the facts. But that is not Congress. whatever it may be. good enough for me; I am going to Members are on the floor, and they What would the Democrats do and erase it, and I am going to go to the take what we say to be truth to power, what have the Democrats attempted to floor and I am going to fool the Amer- that we come and we are here leveling do time and time again? The Demo- ican people. I am going to mislead the on behalf of the American people. We crats have tried to reestablish the American people, because it is an ev- are not here to say what sounds good PAYGO rule, and we have tried to do it eryday occurrence here by this major- or what would sway a certain segment numerous times in the past several ity. of the population to feel one way or an- years. And the reason why so many Demo- other. Now, what is PAYGO? PAYGO basi- crats, and I would say a very few Re- Folks woke up early one Tuesday cally says that we will not spend any publicans are outraged by the fact, morning from representation, not for money in Congress unless we can pay when they hear the facts, when we all someone to mislead them through for it. We are not going to go out and sit in our offices and we hear altered statements here on this floor that are borrow the money. We have got to pay information; we have third-party not accurate. That is the reason why for it. Here it is, and there have been validators. If we say the U.S. Depart- we are in the situation that we are in numerous—this is just a couple: The ment of Treasury came up with these now. Even when it comes down to the Spratt substitute for the budget resolu- numbers, they came up with the num- war in Iraq. Even when it comes down tion in 2006 failed, not one Republican bers. If we say that the deficit is to the pursuit of Osama bin Laden in voted for it, rollcall vote number 87. record-breaking borrowing in the his- Afghanistan. We are not making this up. We tried tory of the Republic, we have third- The information is not accurate that to put PAYGO rules into the budget party validators. has been shared with the American process and the Republican Congress Some Members come to the floor, and people and that is the reason why so voted against it, because that would it is their prerogative, and if they want many individuals are suffering as it re- limit their ability to provide corporate to mislead, let them mislead. But we lates to gas prices. These gas compa- welfare to the oil industry, to subsidize are going to make sure that we con- nies and these petroleum companies tremendously the health care industry. tinue here in the 30-Something Work- have been allowed to come into this Again, Congressman SPRATT, vote rolling Group and on this side of the aisle, Chamber with Members carrying their call number 91, failed again for the in sharing the truth with the American will and voting the way that they want budget resolution in 2005, 194 to 232. people. This is not a place where some- them to vote against their constitu- How many Republican votes? Zero. one comes up and says, this is a Demo- ents. And I know DENNIS MOORE has tried cratic Party meeting or this is a Re- This is something that we all feel to do it, Charlie Stenholm, when he publican Party meeting or this is a Re- passionate about and the American was in Congress, he tried to do it. Time form Party meeting, Ms. WASSERMAN people feel passionate about. And, Mr. and time and time again, Ms. SCHULTZ, this is the U.S. House of Rep- RYAN, as I yield to you, as they go to WASSERMAN SCHULTZ, Democrats have resentatives, the People’s House the the pump and hesitate before they put tried to implement basic structural

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.123 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5116 CONGRESSIONAL RECORD — HOUSE July 12, 2006 changes so that we could balance the happened occurred, when they knew it the wealthiest people in our society a budget. would be much lower than that, it Hummer, and our kids are left to foot It is not a coincidence that when would look like an accomplishment. the bill. President Clinton was in and the Well, if they are excited about a $300 Ms. WASSERMAN SCHULTZ. Mr. Democrats passed the budget in 1993 billion deficit, then I really want to RYAN, you have people in America who, and we began to implement some of know what their definition of fiscal re- the agony and the angst in the pit of these rules, we had a tremendous ex- sponsibility is, because that apparently their stomach that they have over plosion of economic expansion that for years has been the cornerstone of their credit card debt and the things lifted everyone up; and then, in 1997, the Republican Party’s platform, that that they actually need, like the abil- passed an increase in the Federal min- they are fiscally responsible. A $300 bility to fill up their gas tank, I mean, imum wage which, actually—there is a lion deficit is fiscally responsible. And the churning that we know is going on statistic here that I just love from then on top of that they are passing inside of mothers and fathers across American Progress, 4 years after the tax cuts for the wealthiest among us? this country over how much debt they last increase in the minimum wage, the And this is how those tax cuts break have versus what they have coming in. economy enjoyed its strongest growth out for folks? I guess that churning isn’t going on in over 3 decades, adding 11 million new I mean, we just passed a tax recon the Republican side. There doesn’t jobs. And, the small business employ- onciliation bill just a few weeks ago appear to be any angst, there is no ment between 1997 and 2003 grew more that, if you look at how it benefits peo- hand-wringing, there is no worrying in States that had a higher minimum ple by their income, this is what it about it. Where is the outrage? It is wage than the Federal minimum wage. really boils down to: That tax cut bill, nonexistent. They just keep spending Raising the minimum wage is good which virtually all the Republicans and spending and spending. The deficit for the economy. It is a different phi- voted for, if you make between $10,000 keeps ballooning, and then they say, losophy, it is different, but it works. and $20,000 a year, which is around min- Yeah, the deficit isn’t $423 billion, it is Ms. WASSERMAN SCHULTZ. That imum wage, the one that they haven’t $300 billion. makes me want to pull out another raised since 1997, you get about enough Well, it is just, it is too shocking for third-party validator, because this back to buy a Slurpee. If you make be- words. And then they have the nerve, week we got to experience the exciting tween $40,000 and $50,000 a year, some- Mr. MEEK, to call themselves the party midyear opportunity to hear the Presi- what more than minimum wage, you of fiscal responsibility. It is a joke. Mr. MEEK of Florida. Thank you, dent with his Republican leadership get enough back in that tax cut bill of- Ms. WASSERMAN SCHULTZ. Just because surrounding him to cheerlead the sup- fered by the Republicans to buy a gal- they say it, ‘‘they,’’ going back to what posed success they have on the econ- lon of gas. Mr. Gingrich has called the Republican omy. Mr. MEEK of Florida. Maybe. majority, he who used to be Speaker of Now, it would be one thing if we were Ms. WASSERMAN SCHULTZ. Maybe. the House but now calls his former col- standing up here as DEBBIE WASSERMAN Because depending on how high the leagues ‘‘they’’ because it is foreign to SCHULTZ and TIM RYAN and KENDRICK price goes, you actually might not get him now, ‘‘Just because you say it MEEK and BILL DELAHUNT and saying, all that back. doesn’t necessarily mean that it is well, that is a lot of baloney. Anyone But then let us look at the folks who true.’’ in America looking at this economy make more than $1 million, you get Now, Mr. DELAHUNT, this is true. and looking at this deficit would say, enough money to buy a Hummer. What is true is the fact that we have what is there to celebrate about? Now, I don’t know about you, but I borrowed $53.8 billion from Canada be- But it is not just us. This morning really think, if we are going to pass tax cause we can’t afford to pay our bills, editorial page in USA Today had this cut legislation at all, if we are going to so they bought our debt. Korea, $66.5 to say about the midyear review of the give tax dollars back to the people, billion. Germany, $65.7 billion. OPEC economy that the administration just first and foremost, let’s eliminate the nations. trotted out. deficit. Do you keep passing—I mean, Who are these OPEC nations? We They say, ‘‘Forgive us if we don’t tax cuts are spending, Mr. MEEK. It is hear about them on the news, but we break out the party hats. It is hard to not free. We don’t just print more don’t know who they are. They are get excited about an abysmally large money. Iran, they are Iraq, they are Libya, deficit in the range of $300 billion that I just took my 7-year-old son to the they are Saudi Arabia, they are Ven- is somewhat less gargantuan than ear- Mint yesterday, and I watched them ezuela, Nicaragua, Kuwait, United lier predicted. Even accepting the ad- print the money. But the tour guide Arab Emirates, Ecuador, and on and on ministration’s assurances that it does didn’t tell us, ‘‘You know, when we run and on, Qatar, on and on and on. They not purposefully overestimate the out, we just print more.’’ It doesn’t have said, since America and the numbers in a Wall Street-like game of work that way. They obviously didn’t United States majority House of Rep- beating expectations, this habitual go to Econ 101; otherwise, they resentatives and the President wants midyear crowing masks the seriousness wouldn’t think it was responsible to do to overspend and give away the money of the Nation’s bleak fiscal outlook.’’ what they have been doing. and they can’t afford to do what they Well, if that doesn’t say it, all right Mr. RYAN of Ohio. And just to clar- are doing, we will buy their debt. Tai- there in a nutshell, I don’t know what ify, if you don’t mind, Ms. WASSERMAN wan, $71.3 billion. The Caribbean, $115.3 does. SCHULTZ, as you stated, we do not have billion. The U.K. is at $223.2 billion. Mr. RYAN of Ohio. There was a gen- the money to give to these millionaires And you have China that is at $249.8 tleman at work who worked for Presi- to go out and buy a Hummer. So where billion and Japan which is at $682.8 bil- dent Bush, Douglas Eakin. Holtz- do we get it? I don’t know even if we lion. And folks wonder, why are we in Eakin, former director of CBO for have a chart here. the situation where we are now? President Bush said, ‘‘The long-term Mr. MEEK has a chart. I will yield to It pains me to silhouette the coun- outlook is such a deep well of sorrow the gentleman in a minute. try, silhouette of the continental that I can’t get much happiness out of Mr. MEEK of Florida. I will give you United States and put those countries this year.’’ This guy used to work for my chart. over it, but we have to break this down President Bush. Mr. RYAN of Ohio. We don’t have the and let the American people know this Ms. WASSERMAN SCHULTZ. And money to give, so we have to go out is not about party, this is not about what they were doing this week is say- and get it somewhere. We borrow this what you may feel about a man or a ing, Wow, the deficit wasn’t $423 bil- money from China, OPEC countries, woman representing you. lion, it was only $300 billion. Japan, to give to a millionaire so that This is about representation for you. Now, what is clear, and what USA he can get a Hummer. Forget about what convention you Today is not letting the President get No American, I can guarantee you, went to last time. Forget about if you away with, is that they began by in- believes that that is a good idea. That have an R or an I or an Independent. It flating the number that they said the can’t be a good idea. Because now we is about America. And what the Repub- deficit would be at, so that when what owe China money, and we have given lican majority has done effectively,

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.124 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5117 they have borrowed themselves into a cal conservatives and we know how to Saddam Hussein, and that is what is situation so that when parents are govern? happening in this country. Yet you are so right, Mr. MEEK. What going to schools, let us just look at b 1845 this, here is the education budget and do we hear? We hear, boy, there is an what we invest in education and this is The American people know it. That immigration problem and it is a hot in the billions as relates to this chart. is the reason why the polling is show- button issue. And it is a hot button This is what we invest in homeland ing they are fed up with what is going issue. But they refuse to accept respon- security. This is in the billions. Our on here. They are willing to give Demo- sibility. It is like they live in an alter- veterans allowing us to salute one flag, crats or somebody else an opportunity nate reality. It is not the real world. Mr. RYAN, this is what we invest in vet- to lead. How did we get to the point where erans and their health care and their Mr. RYAN, that is the reason why I there are somewhere between, the needs. And, this is what we invest, said that I am not concerned with the numbers I hear are 10 million to 12 mil- thank you, a la the Republican major- President of the United States. He is lion illegal immigrants? Because they ity here in this House, the rubber- going to do what he has been doing and refused to provide the funding for de- stamp Congress and the President of will continue to do. Just like he said, if tention centers, for immigration the United States, who I do not fault there is going to be a change in Iraqi agents, or for border control officials. personally. I don’t fault the President policy, that is something for future When we brought them to the floor, for doing what he does. I fault the U.S. presidents, not him. He said that as and I know that I voted for those in- House of Representatives and the Sen- though he lives in a kingdom. This is a creased fundings, yet we hear from our ate for allowing it to happen with very democracy. friends today about they are standing little oversight. The only way we will be able to rep- up, but I wonder how they voted. I Mr. RYAN of Ohio. I wouldn’t be too resent those troops and those individ- would hope that each and every Mem- complimentary. This President hasn’t uals that deserve representation is that ber of this Congress on both sides of vetoed one spending bill, and he comes the American people are fully aware the aisle would go back, review their to the Rose Garden and says the Re- and educated with the facts, and that voting record on all of the amendments publican Congress needs to control is the reason why we are on this floor, that we put forth to increase border se- their spending. He has not vetoed one to share that. curity and see how they voted, and spending bill. Mr. DELAHUNT, thank you for yield- then come to this floor and acknowl- Mr. MEEK of Florida. Because you ing, sir. edge that vote before they speak. came in on the back end of my words, Mr. DELAHUNT. Well, I think you Mr. RYAN of Ohio. If the gentleman I am telling you this. The President is have summed it up. What irony that at would yield, it is not just the eight or the President of the United States. At this moment in American history the nine that I listed, as you were probably the end of his term he can no longer American people are borrowing from walking down here, the eight or nine run for President of the United States. Communist China so that the most af- times that Democrats have offered to Guess what the difference is between fluent among us, truly the most afflu- increase border security and border pa- Members of Congress and the Presi- ent among us, 1 percent of the popu- trol and actually fund it and not just dent. We are up every 2 years. The lation, receives a disproportionate tax make the promise to do it. Think about American people can bring about cut. I mean, if this was written in a the Medicare prescription drug bill. change in November, and then a transi- novel 10 or 15 years ago, people would One of the first things we will do when tion of power in January for represen- be shaking their heads. there is a change of power in January tation. No matter what their party af- We are borrowing money from Red is make sure that with the Medicare filiation is, I know Republicans person- China so that the wealthiest Ameri- prescription drug bill we will allow the ally that I know that I represent in my cans can buy a Hummer, because that Secretary of Health and Human Serv- own district and outside of my district is really what is happening. That is ices the ability to negotiate down the that have a problem that we are spend- connecting the dots. Of course Demo- drug prices to save the taxpayers’ ing more on the debt, paying down the crats support tax reduction, or tax money. debt, than we are investing in edu- cuts, tax cuts that are fair. That is the Now, that is good policy from any cation, homeland security of all things, difference. You know, a family that is party that is running the government, and veteran affairs. supporting their sons and daughters in but our friends on the other side have There are individuals right now, and terms of their tuition bills for college refused to implement that basic thing. I just went through the veterans hos- education, there should be tax credits, So we have tried for border security, pital during the Fourth of July break there should be tax deductions. I mean we have tried to reduce the cost of the to go visit those individuals that just we could list a vast number of thought- Medicare prescription drug bill, giving returned to Iraq and Afghanistan and ful tax cuts that would benefit every- the Secretary of HHS the ability to ne- those individuals that fought before body, that would benefit the middle gotiate down the drug prices, and we them, and I can tell you they are not class rather than creating a society in will increase the minimum wage on the getting what they deserve. They are these United States of those that have first day we are here when we take having to wait in some rural areas be- and those that are getting less and less over in January. That means a pay cause the rural clinic is only open 2 every day. Real income, real income raise for all Americans because that days out of a month. for that family right square in the mid- will trickle up and push everybody’s These are the people that have laid dle of our population has declined, and wages up. their blood down. These are the people that is why people are unhappy. That was proven. When we raised the that their friends have died beside And of course we are all supporting minimum wage in 1997, the economy them, and they are asking them to with our tax dollars the war in Iraq. It grew 11 million new jobs. And in the suck it up. is costing us $8 billion a month, or $2 States that had a higher minimum Meanwhile, back at the ranch, the billion a week. Just imagine if that wage than the national minimum Republican majority is allowing this money was going into building roads wage, there was increased numbers of debt to overwhelm. You can stack here, to rehabilitating schools, to pro- small businesses that were created, eight of the veteran investments up to viding scholarships for American chil- new start-ups, and retail small busi- the debt, you can stack lower home- dren to go to college, to invest in our nesses were increased. This is good for land security probably 10 up to the national health system what we could the economy. stack as it relates to the $250 billion do with that money. But we are doing In the first week we will be here in that we are paying on the debt. And as all of those things not in the United January, we will reduce student loan it relates to education, you can go two States, we are doing it in Iraq. And we interest rates and we will cut them in more times as it relates to investment are losing the war on terror because of half, both for parent loans and for stu- in education. And, meanwhile, folks the distraction by this administration dent loans. We will have a significant come down here with a straight face, from the real enemy, because they impact in the lives of many, many Mr. DELAHUNT, and say that we are fis- wanted to go to war in Iraq and remove Americans just in the first couple of

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.125 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5118 CONGRESSIONAL RECORD — HOUSE July 12, 2006 days from what we are going to pass sibility of this Republican Congress to tunity to play. We have an agenda, and out of the House: Increase in minimum criticize their lack of aggressive over- I think the American people will recog- wage, lower student loan rates for you sight on this issue. The problem has be- nize in just a few short days what the and your family, increased border secu- come all of ours, but it was created by difference is between the current Re- rity, and allowing the Secretary of the lack of funding to strengthen our publican leadership and what the Health and Human Services to begin to borders while Democrats have been Democrats will do. negotiate on behalf of all the Medicare putting forth proposal after proposal to Our Web site is www.House Demo- recipients. increase those numbers. crats.gov/30something, and all of these This is not brain surgery. We are not With that, I yield back to my friend charts and statistics are available on saying we have this grand elaborate from Ohio. that, Madam Speaker. scheme that we cooked up somewhere Mr. RYAN of Ohio. I appreciate your f and we are bringing it before the Amer- yielding as we begin to wrap up. Maybe b 1900 ican people. This is basic fundamental Mr. MEEK could get that chart down stuff. But when you are not so attached there and give us the Web site as we SHORTEN REAUTHORIZATION OF to the special interests, when you don’t begin to close. VOTING RIGHTS ACT have a K Street Project in which there I think you can be an amateur histo- The SPEAKER pro tempore (Miss is this give and take with the big lob- rian to recognize what has happened MCMORRIS). Under the Speaker’s an- bying firms down here, you are able to here; that in 1994 there was a move nounced policy of January 4, 2005, the govern in a way that benefits all of the afoot to change things. Newt Gingrich, gentleman from Iowa (Mr. KING) is rec- American people. And that is what we Dick Armey, and there was a crew of ognized for 60 minutes. are trying to get at. them who came to this floor, like we Mr. KING of Iowa. Madam Speaker, Let us take the country in a new di- come to this floor, and like we will it is a privilege to have the oppor- rection, where we have a philosophy continue to come to this floor, to talk tunity to address you this evening and where everybody contributes to Amer- about issues. They were talking about take up a number of issues that I be- ica and everybody benefits. We are ac- balancing the budget and they were lieve are important to the American tually looking out for the common talking about instilling fiscal dis- people. good. We will provide for the common cipline. Mr. MEEK showed earlier the As I come in here and listen to the defense and we will increase the com- quote from Mr. Gingrich, and I read tail end of the dialogue that takes mon wealth. last week in the Boston Globe a com- place here on the floor, I thank the You know, I go to some of these ment from Dick Armey, the former gentleman from Massachusetts (Mr. States like Virginia and Pennsylvania House Republican leader, who said DELAHUNT), my friend whom I serve and Massachusetts, and they are all ‘‘I’m not sure what this Congress has with on the Committee on the Judici- commonwealths. That philosophy, accomplished.’’ ary, for acknowledging that some of us what do we have in common, how can These are two of the main leaders of will stand up and speak to the lack of we pool the common wealth to benefit that revolution. The Republicans have enforcement on the part of this admin- everyone? Everyone contributes and gotten very far away from what they istration. everyone benefits. And what we have wanted to accomplish and, I think, In fact, in our private conversation, I now, Mr. DELAHUNT and Mr. MEEK, is a what this country deserves. And when reiterated something that I put into situation that has set up a system that that happens, Madam Speaker, it be- the RECORD the night before last in has been corroded and corrupted. Now, comes time for a change in America. I that if you are an employer in the I am not saying by individual Mem- think that is where we are. United States and you are knowingly bers. I think over time this happens. Again, if you just look at what the and willfully hiring illegals, you were Jefferson said that every few years Democratic Congress will do within the 19 times more likely to be sanctioned we need to have a revolution. Well, we first couple of days that we get in, that under Bill Clinton’s administration need a bloodless rebellion to shift this Republican Congress has failed to than you are under the current admin- power out of the hands of the Repub- do in the past 5 or 6 years under com- istration. That is the level that this lican controlled House, Republican plete Republican dominance, we will enforcement has drifted to. That is the controlled Senate, and the Republican raise the minimum wage, we will cut issue that they speak to. White House. This is George Bush’s student loans in half for both student However, I would say on the other Congress, Mr. DELAHUNT. Let us make loans and parent loans, we will imple- side of this argument, we have seen an no mistake about it. They do what he ment the 9/11 recommendations to acceleration of enforcement on the bor- says. They follow his lead. They are make sure we provide for the common der. It is too little too late to satisfy afraid to stand up to him. defense of the United States of Amer- me and many of my colleagues here in He hasn’t vetoed one spending bill or ica, and we will allow the Secretary of Congress. But the point missing from one bill that this Congress has passed Health and Human Services to nego- this dialogue is when amendments are out. They rubber stamp the Bush phi- tiate down drug prices for the Medicare offered on the floor; if they are serious losophy and they consistently agree bill to not only save the taxpayers about passing those amendments, it with the President. This is his Con- money but drive down drug costs for takes homework to get that done. You gress. everyone. have to reach across to the other side I yield to my friend. We are going to invest in the small of the aisle and identify some people to Mr. DELAHUNT. Well, I think that is business, as our small businesses are work with on the other side of the aisle underscored by the fact when we hear trying to retool themselves. We need and get those sponsors and cosponsors them express concerns about immigra- assistance for them with the Manufac- for those amendments so when it tion, about illegal immigration, we turing Extension Program and with the comes to the floor it is ready for pas- have not heard a single voice from our SBA 7(a) loan program. We want to sage. friends on the Republican side criti- give local community development or- A late-arriving amendment that is cizing the President for the failure to ganizations the tools they need to help not designed to pass, but makes a enforce. Well, maybe one voice. Maybe their small businesses, and some of statement has very little opportunity he is here tonight. But no criticizing these programs help businesses. They to actually make it into law, and some the President for the failure to enforce send out a couple of engineers to help of those amendments are viewed that our immigration laws, particularly them retool, to make sure that they way by myself and many others. So I against employers. are streamlining their businesses, to am looking forward to a bipartisan ef- Imagine, three enforcements against make sure they can find export mar- fort on this enforcement. It is one of American businesses for hiring illegal kets. This is a positive thing, because the reasons that I have talked so long immigrants in the year 2004 when in many small businesses can’t afford to and relentlessly on many things that the last year of the Clinton administra- do it. we need to do. tion there was far in excess of some 400. So we’ve got an agenda. Put us in, But I came tonight to talk about an- That is a disgrace. And it is the respon- coach, we are looking for an oppor- other issue, and that is an important

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.127 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5119 issue that is in front of us tomorrow. on the east side of the Mississippi haps, that was done with fairly clear Tomorrow the House of Representa- River and come back on the west side ice. tives will be taking up the legislation of the Mississippi River. I like to see As we stood there, he pointed up to that is proposed to reauthorize the what is in this country. So when we do the balcony. And the balcony, very Voting Rights Act. those trips, we weave back and forth similar to the balcony that the press Now, the Voting Rights Act was first and take side trips. sits in here in the United States Con- written into law in 1965. It was an es- As we went down, we stopped also at gress, and he said this church was built sential piece of legislation in 1965. We Vicksburg to see the battlegrounds of by these families and the floor of the were in the middle of the civil rights the great Civil War battles that took church was for the white families and demonstrations that were taking place. place in Vicksburg, Mississippi. That the balcony was for the black families. Those of us who lived through that was an experience, to stand on that And I looked at that. To stand there time, and I can say during that period hallowed ground and understand the in that place and understand that in a of time it was a very impressionable battle that took place there and the house of God they would construct a point in my life. If my math is correct, price that was paid to move forward house of God to be segregated for one I was a sophomore in high school. The more on liberating and freeing the peo- color of people to go up to the balcony television was full of mostly peaceful ple that were enslaved the hundreds of and for another color of people to be marches and peaceful demonstrations. years before that. seated downstairs, and for their minds, It was an issue that those of us who But the thing that impressed me the never the twain shall meet; even lived in the Midwest were pretty much most was the stop that we made in though they go to church together, protected from that and didn’t see the Port Gibson, Mississippi. Port Gibson, they would be separate. And I will say necessity for those kinds of demonstra- Mississippi, was a location where a certainly equal in the eyes of God, but tions right away, but the demonstra- priest that had grown up in our home- not equal in the eyes of fellow Chris- tions on television, and it was impor- town, Father Tony Pudenz. Father tians going to church in Port Gibson, tant that television did carry that mes- Pudenz had been the pastor in St. Jo- Mississippi, probably some time well sage at the time, that educated the seph’s Church, I believe it is St. Jo- prior to 1848, but the church was built American people. seph’s, in Port Gibson, Mississippi. beginning in the year 1848. I look back on that time, that time That was his favorite parish. That was As we stood there in the aisle on the in history, when we saw mostly peace- the place he wanted to retire. In fact, floor of that church, he said that last ful marches. We saw fire hoses and he was on the edge of retirement at week, the previous week, they had bur- dogs, yes, and there was violence and that moment. ied the editor for the newspaper in Port there were people that died in the proc- But as we went through Port Gibson, Gibson. This editor of the newspaper ess. But for the size nation that we are, I knew he had lived there. He had was the individual who, in 1967, had, for as large a problem that we had, and grown up in our hometown, and he was with the segregation still in the the problem we had was the institu- about 75 years old. So we drove through church, went in and sat down with his tionalization of racial segregation pri- the town and I looked for the church family, several children, sat down in a marily in the South. And there were and rectory. When I found the rectory, floor pew, and sat there with his fam- millions of Americans who were citi- we pulled in and I knocked on the door. ily. And a moment before mass began, he got up, took his family and hand in zens in good standing that were shut Father Tony Pudenz came to the door, hand they went to the back of the out of the polls and shut out of many of actually astonished that someone from church and went up the steps in the the other avenues of what we consider Iowa would drop in on him unan- back of the church and sat down in the normal life today. nounced with a surprise, to the rectory balcony with the African Americans It is hard for the generations that are at St. Joseph’s Parish in Port Gibson, sophomores in high school today to un- that were there to go to mass. Mississippi. No longer was that church segregated derstand what it was like in those Well, that visit turned out to be one because the editor of that paper had years back in the middle 1960s and in that framed this for me because he the courage and principle to take his many of the years before them. took us over to the church which was family up to the balcony to sit with The circumstances of the segregation just a few steps across the yard. He the black families and worship with in the South and the discrimination said, I want to show you my church. He them together. that was there, the poll taxes, the lit- pointed out that the church was built When that happened, part of the peo- eracy tests, many of the Jim Crow laws in 1848, and it was built originally with ple, some of the families, got up and that were put in place to keep African $10,000 that was contributed to the par- walked out of the Catholic Church and Americans from going to the polls and ish by the family of Jim Bowie. walked across the street to the Epis- being able to vote and help select our Jim Bowie was killed at the Alamo copalian Church where those families national leaders and their Members of more than a decade earlier, but the and their descendants worship to this Congress and their State leaders, and family had significant presence in Mis- very day. participate fully in the life of freedom sissippi and somehow they had enough At that time, that little parish of St. that had been earned by the blood of money to make that kind of contribu- Joseph was, I think he said, about 75 hundreds of thousands a century ear- tion to that parish in 1848. In fact, a lot families, maybe it was 90 families, and lier; and it took a century to get the of woodwork in that church, as I under- a mix of three-quarters white, one- Voting Rights Act in place after the stand the way it was told to me by Fa- quarter black, but they go to mass to- end of the Civil War. That is how big ther Tony Pudenz, was carved by the gether seated together as part of God’s this issue was back in 1965. Bowie family. family like they really are. That is This sore festered for a century. In a As I looked at that woodwork, I what it was like in 1967. That is what it century, this Nation couldn’t find a thought about how that tied back to was like in 1965 when the Voting Rights way to come to grips with the issue of the history of the United States and to Act was passed. discrimination in the South. For me, it the history of Texas, and how it an- It is no longer like that in the South is hard for me to have that reference chored back to a time before the Civil today. That is something, an experi- point except for what I saw on tele- War. ence for me that frames a lot of this vision and read in the newspaper, and As we stood in that church, and the issue, and an understanding of what what my teachers and classmates and glass in that church is all blue tint so went on. family had to say. it is like standing inside of an iceberg. It was important to pass the Voting Some of that, I have to admit, is a It is like the sun would shine through Rights Act in 1965. It was important to little vague in my memory. But I can if you were standing with ice windows enfranchise every one of the adults say there was an incident that framed rather than these blue-tint windows, that are all viewed to be the same as it for me. That was some years ago my and it gives almost a surreal sense with God’s children. And we are God’s chil- wife and I needed to go down to New the woodwork done by the Bowie fam- dren, all of us. Orleans for a conference down there. ily and that sense of standing inside an We need to guarantee those voting We decided that we would drive down iceberg or standing inside an igloo, per- rights to everyone. The Voting Rights

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.128 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5120 CONGRESSIONAL RECORD — HOUSE July 12, 2006 Act was a quantum leap to do that. The tion in America, then you reauthorize creased towards more and more lan- discrimination statistics that were that for a quarter of a century or a half guages in America instead of less, and there, the statistics that were gathered a century. By the time that comes up, we still have in place this mandate for up beginning in 1964, and the measure- no one remembers what the debate foreign language ballots. ment of those statistics in 1968, and was. No one is vested in any other al- The reason that I am opposed to re- then in 1972 showed that there were ternative. They just think, huh, that is quiring them at the Federal level is be- lower percentages of blacks voting the way it was then, that is the way it cause if you are a naturalized citizen than whites voting. And there were always has been, why would we want to here in United States, by law you will lower percentages of blacks that were change something after all these years? have had to demonstrate your pro- registered to vote than there were It seems to have worked pretty well ficiency in both the spoken and written whites registered to vote, and some- and they got so used to it they can’t word of the English language. That is thing needed to be changed. conceive of not having it in place. the standard that is required before And so those criteria and other cri- you can be a naturalized citizen. And b 1915 teria were established and the Depart- so if you are a naturalized citizen in ment of Justice was charged with the So I submit that we need to take a America, you have no claim to a for- enforcement of the Voting Rights Act look at shortening up the reauthoriza- eign language ballot because the cer- to guarantee a path to the polls for tion so that we can do a better look at tification of your citizenship says you every legitimate voter in America, and the effects of any changes in this reau- are certified to vote in English. That is no longer would there be Jim Crow thorization for the Voting Rights Act. one of the important responsibilities of laws, and no longer would there be peo- And I submit that districts that are citizenship. And if the standard wasn’t ple who didn’t have an opportunity to covered, districts today need to have high enough that you can read a ballot, voice their opinion in the polls and an opportunity to work their way out we need to raise the standard, not choose their local and national leaders. of that that is not as stringent as the lower the standard and hand you a bal- The Voting Rights Act has been an very, very tight district requirements lot in a language where there may be extraordinarily successful act. It was that are in it today so that they can errors in because we don’t have enough designed to be temporary. No one be- work their way out. And to measure interpreters to interpret into other for- lieved in 1965 that we couldn’t cure this someone by 1964 standards in 2032 is eign languages. I simply want to lift the mandate. I problem and at some point we could just utterly wrong. Back in 1964, to want to allow localities to make the make enough changes that we could think that the great-grandchildren of decision on whether they need to pro- move away from the need for those re- the people that made that decision will vide foreign language ballots, not the quirements. They were strict. They are be voting in 2032, and they are respon- Federal Government. I don’t want to be tough. sible? How can we hold them respon- printing millions of ballots that aren’t The voting districts that are still sible for decisions that were part of the used. I don’t want to get any more let- under that today are locked in in sta- culture in 1965? ters like this letter that I have here in tistics that are measured from 1964, So we have come a long way, Amer- front of where the gentleman who 1968 and 1972. We are not using 2004 ica, and we will never eradicate racism wrote it said, in all five elections where data to evaluate whether Georgia still in this country totally. There will al- I have served as a judge, no foreign lan- should be a covered district. We are ways be some elements of it because guage ballots were requested in my using 1964, 1968 and 1972 data; not 2004, there will always be the levels of preju- precinct. Yet in the last election in not 2000, not 1996 data. dice, and they might not always be that precinct they printed 33 different So those districts that have been de- something that can be defined as rac- kinds of ballots, not because there were clared to be racist, bigoted districts ism. It might just be prejudice that 33 different languages but because that demonstrated that by the statis- comes from other reasons because there were 11 different parties and tics that are there, the measurement there will always be competing forces three different languages that were re- criteria, are stuck in time. in this society. But the evidence of it has diminished significantly and dra- quired. If we pass this legislation tomorrow This is a subject that is easy to un- matically. And I would like to give the with the Voting Rights Act, and we use derstand. It is relatively simple. But people in Georgia and Texas and these those 1964, 1968 and 1972 statistics to it’s important and it’s essential be- other States an opportunity to move measure States like Georgia, Texas and cause if we send the message out of out of that list. And I would like to, if the locales within 16 States across this this Congress that we are going to country, they are locked in. They are it is good enough for Georgia and chase you down and hand you a foreign locked in and can’t move a voting Texas, it ought to be good enough for language ballot, whether you want it booth from the Catholic Church to the the rest of us. That would be the stand- or not, then we are also sending a mes- Episcopalian Church across the street, ard that I would go by and then short- sage that we really aren’t serious or from the post office to the school. en this reauthorization time. about assimilation. They can’t move a voting booth 10 feet There is another aspect of this that And if we are going to be bringing without prior authorization by the De- is an essential piece, and that is the into America 10 million or 60 million or partment of Justice. Federal mandate for foreign language 90 million new Americans in the next That will be the case fixed in time ballots, and that is a piece that we will generation, 19 years generation, if we from 1965 until 2032. By 2032, that is al- be debating here on the floor tomor- are going to do that, we have got to be most four generations. Four genera- row. invested in assimilation. tions could come and go, and we are The Federal Government, the Con- No nation in the world has ever as- using the same measurement of people gress, in I will say an unexpected move similated the numbers of people or the in 2032, if we pass this legislation as in 1975, put into place temporary meas- percentage of the population that we presented to this Congress. ures to require a Federal mandate for have here in this country. But there is Thomas Jefferson declared a genera- foreign language ballots. Now, I don’t a limit to what we can do. And if we tion to be 19 years. That is not too bad remember that there were people in send the message that says we are not a measure. We know generations turn America clamoring for the foreign lan- serious about assimilation, we are over a little faster or slower than that. guage ballots in 1975. It may have been going to be enablers for people to live But truthfully, 19 years, multiply it the case, but it was designed to be a in ethnic enclaves. And if we do that out, it is almost four generations be- temporary measure. They thought the we are ensuring that they will not be tween 1965 and 2032. But it will be true, need for it would diminish as assimila- able to access the American dream. there won’t be anyone voting in 2032 tion increased. That is the wrong message to send. who remembers what it was like in 1965 What we have seen since 1975 is part- We have to lift the mandate. And if it when they passed the Voting Rights ly because we are the enablers there is necessary to have foreign language Act. That would be a simple fact. has been less assimilation instead of ballots at the localities, then they can And if you want something to be in- more assimilation. The direction for make that decision locally. They are stitutionalized in perpetuity in legisla- more languages in America has in- paying for it anyway.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.129 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5121 And so, Madam Speaker, that is the But I came to the floor to address the our education or our health, our de- basis and the core of my argument. But issue of the multi-lingual ballots. And fense or otherwise, I cannot think of there is a gentleman here from New I want to begin by giving credit where any other areas, and again I stand to be Jersey who is articulate on this subject credit is due, because those who are lis- corrected, where we have reauthorized matter, someone whom I look forward tening here tonight, realizing that the something for two and one-half dec- to hearing from, and I would be very bill is coming to the floor tomorrow, ades. So I think that is the first area happy to yield as much time as he may may think, based upon some of your that we need to be addressing, and you consume to the gentleman from New comments and other things, that are rightfully so for bringing it up. Jersey (Mr. GARRETT). things are moving forward just in a le- Just as a side note on this, I did put Mr. GARRETT of New Jersey. I ap- gitimate and a good manner, and that in an amendment that would limit this preciate the gentleman from Iowa for we are going to succeed in this area of down to 6 years, but that was the pro- yielding me the time. And I also appre- eliminating multi-lingual ballots. verbial compromise amendment if we ciate the gentleman from Iowa for your Well, the credit, as my dad always were not successful in getting your work on this issue. I came to the floor said, ‘‘give credit where credit is due.’’ amendment to the floor tomorrow to address the issue that you were just And the credit, if we are successful in which would eliminate the multi-lin- touching upon, and that was the issue the amendment coming to the floor to- gual ballots entirely. But as I under- of bilingual or multi-lingual ballots. morrow, are due to the gentleman to stand, the Rules Committee has met, 4 But before I get there, let me just my right, the gentleman from Iowa, be- hours ago, around 3:00, and they saw touch on something you mentioned because I will say this, that it was in an the wisdom of going your road of at cause you raised an important point, RSC meeting, Republican Study Com- least allowing the vote on the floor. So and that is that the current extension mittee meeting, which meets on we will go for that vote and not for the of the Voting Rights Act, as you ref- Wednesday afternoons here, where you limitation of 6 years. erenced going forward for 25 years, came to address the group, brought The second part, the difficulty or the looks all the way back to the initial this to my attention, and I think to the problem with the current status of the status and the initial data from the attention of a lot of people in the RSC VRA, one being the length of time, the early 60s, mid-60s. You could step back for a moment for the first time. second one being what is in the current I was struck by it, that this is an and say what was the fundamental law right now. We are really not, by al- problem that they were trying to ad- issue that needed to be addressed. And lowing multi-lingual ballots to con- dress, legitimately so, at that time? I was a little bit concerned that there tinue, we are not really enforcing cur- And I think you might say you would was not enough agitation, aggravation rent law. Current law, and I should put it into two categories, one personal or concern among my colleagues that have it right here, says that if you and the other institutional. Personal, this was going to be addressed. But you come into this country, legally and be- just meaning the individuals who may were a driving force and reassured me, come a legal naturalized U.S. citizen have been involved in the particular you said, ‘‘Scott, I think we are going and therefore have the right to vote, voting districts at the time that may to be able to build up the momentum current law states that you must, ac- have been creating illegitimate voting on this. I think we are going to be able cording to the law, under section 312 I barriers for people of different nation- to get the word out on this, and I think think you referenced, if not on the alities or different race or what have once people realize just exactly what is floor tonight, in previous times, an ap- you. And the other would be institu- in the Voting Rights Act, what the plicant must demonstrate, ‘‘an under- tional, and that is to say that at that problems are and what the changes are standing of the English language, in- point in time, there were in actuality needed, we are going to be successful.’’ cluding an ability to read, write and in America, unfortunately, particular I was not as positive as you were at speak in ordinary usage the English institutional barriers as well in place. that moment, but you were dogged on language.’’ So you could look and say there was that like you are dogged on so many So when you think about it, who are two elements that the Voting Rights other things, and I think that with the the people who are allowed to vote in Act had to address. But that, as you support of our colleagues here tomor- this country? Well, they fall into two also pointed out accurately so, was 40 row, and if we hear from the voters categories, one, you were born here and some odd years ago. Those institu- who listen to this each evening, if they so you are a legal citizen, which means tional barriers fortunately have all make sure that their Members hear you went through the entire education been removed. The personal ones, from their concerns that we will be process, age 1 through 18 in this coun- though, interesting, I would think just successful on this. So I come initially try. So hopefully you have gone by the advent of time also have to have just to applaud you and salute you for through our fine public schools or pri- been removed as well because the peo- your dogged determination. vate or otherwise schools and so you ple who were elected to office in the The problem with the Voters Rights should be able to read the English lan- mid-60s, for one reason or another, are Act and the multi-lingual ballots, I guage. no longer with us today, at least not in think, can be said also to fall under a Second is the naturalized citizens. elected office. So the two aspects that couple of different categories. First is Naturalized are those who come the Voting Rights Act were specifically the length of time that you would look through and come through the process, going to address from the data back for if we do not eliminate it, that it and those individuals are those people I then and the specifications of who was would continue for. It will continue for have just cited section 312, who have in place and what the institutions are 25 years. And so just as there was a certified, attested to, they have taken no longer with us, not to say that we problem of looking back to the 60s and a test, a citizenship test, if you will, to may not have other personal situations looking at that past data that is incor- become a citizen of this country. That that may crop up today in the future. rect now as we here try to legislate test is administered in English. And at And that is why I think you come to today, I would hazard a guess that the the end they basically certify that they the floor, and other Members do, such circumstances in this country will be can, that they possess the ability to as myself, says that we should strive in significantly different than they are read, write and speak the English lan- this House, and in the House just down today 25 years hence. guage. So if they are able to do that, if the halls from here as well to make Now, I have been here now for 3 they are able to take a test in the sure that all barriers, personal or insti- years, just as the gentleman from Iowa English language, then you would tutional, today and in the future, will has been as well, and I can think of think they should also be able to com- always be removed, and that you will many other very important significant plete a simple U.S. ballot in any mu- have the fullest level of political par- legislations that we have reauthorized. nicipality or county or state. So that is ticipation that you can have. So I ap- But for the life of me, and I stand to be the second point, that we are basically preciate you bringing out that point of corrected, I cannot think of any other ignoring current law by continuing on just exactly what we are dealing with bill, any other important issue, wheth- with multi-lingual ballots. when we are dealing with the Voting er you are dealing with the air, the Thirdly, the problem is that this is, Rights Act. water, the environment, our schools, once again, another unfunded Federal

VerDate Aug 31 2005 04:00 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.131 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5122 CONGRESSIONAL RECORD — HOUSE July 12, 2006 mandate on the county governments, me that they have received letters value. If we are going to be a strong na- municipal governments and the like. I from voters in their district com- tion, we have got to look at this flag was on the phone about I guess 3 weeks plaining that they got a multilingual and feel that lump come into our chest ago, some time after you were speaking ballot, saying, in essence, What are you when it comes down in the parade. We at the RSC, and I was speaking with saying about me? Is the government have got to have a sense of common election commissioners throughout the saying that I am not smart enough to history, a sense of unity, a sense of State, my State of New Jersey, and read and speak the English language? common cause. And if we market citi- they were telling me about the costs So the people, basically, were insulted, zenship off cheaply and if we diminish that they have to be engaged in to pay if you will, by the fact that just be- those standards, then we are going to for it. It comes out of the taxpayers’ cause they have an Hispanic surname find that our values also are scattered pockets to print up and publish and or another surname of sorts that the and diluted and diminished. mail out these multi-lingual ballots. government has taken the position But when we pull ourselves together That comes out of local taxpayers. that they cannot read and write the with this and we promote the idea of Doesn’t come out of this House. English language. assimilation, and that is that the lan- Doesn’t get appropriated from Wash- So there are one, two, three, four guage requirements for demonstration ington. And so that is just another ex- problems: that it is an overly extended of English proficiency are in the Fed- ample of where we are sending down time for reauthorization; that we are eral Code 4, it is to set that standard the rules. We are putting out the man- not complying with or basically ignore high enough that anyone who then is dates by passing the VRA with this the current law, which is a law that re- naturalized as an American citizen has language in it, but someone else foots quires people, when they come into a significant amount of English pro- the bill. So there is another problem this country, to attest to the fact that ficiency that will let them go out into with the VRA, that it is an unfunded they can speak and read and under- the rest of the world and access this mandate. stand the English language; thirdly, American Dream. Another, fourth aspect is the basi- that this is yet again another unfunded And we know that the lowest num- cally arbitrary and capricious nature mandate by the Federal Government; bers that I can find are that those who in the way that the multi-lingual bal- and, fourthly, that it is basically an ar- speak English in the United States lots are implemented under the VRA bitrary and capricious standard that earn at least 17 percent more than and have been in the past and will be we are applying to the States. those who do not speak English in the unless the King amendment is passed Applying the 5 percent rule in basi- United States. Those who speak cally an insulting and discriminatory tomorrow. English well earn more than twice as matter, discriminatory in the sense much as someone who does not. So b 1930 that if there is another ethnic group, these issues are important. And I think you have touched upon another individual group there that Some of the standards that we used this in the past, but let us make the has maybe 4 percent, 4.5 percent, they to require in our Federal mandate, the point clear to those who don’t follow do not rise to that level, but someone standards that we use that establish it, that the way you look to determine at 5 percent does rise to that level. the determination that there will be whether or not a multilingual ballot is So there are four basic problems that foreign language ballots imposed into necessary and required under the VRA lead the gentleman from Iowa and me these districts, whether anyone actu- is to say whether or not 5 percent of to believe that there is not a funda- ally asks for one or not, the issue that the population in that respective vot- mental reason for us to continue the was brought up by Mr. GARRETT that ing district cannot speak the English VRA multilingual ballot. the standards of 5 percent or 10,000 peo- language. And I would hope that we will get ple, whichever comes first, is the One of the primary functions or proc- sufficient votes tomorrow, Mr. KING, to standard that would then require lim- esses in order to determine that is to pass your amendment and move for- ited English proficiency groups, would ward to correcting this portion of the look at the surnames of those individ- require those ballots to go into a dis- VRA. uals, and I think you have already trict. And, now, how do you measure Mr. KING of Iowa. Mr. Speaker, re- given examples, and other people that claiming my time, I thank the gen- who speaks English in a limited- have come to this floor have given ex- tleman from New Jersey for his con- English-proficient manner? And the amples, that just because you have an tribution to this discussion and this de- manner that was brought up by Mr. Asian surname, it does not necessarily bate here this evening. And, also, I GARRETT, the surname analysis, can mean that that is your language and thank him for his dogged determina- you imagine having a computer pro- you cannot speak English. Just be- tion on a number of sound causes that gram, and in that program you run cause you have an Hispanic surname he and I have worked together on. through it the last names of all of the does not mean that you cannot read or And sometimes I just simply admire voters that are registered in that vot- write the English language. And in the work that Mr. GARRETT does. And I ing district, and you have software set some sense, therefore, it is insulting to am not always over there to lend a up that picks up things like the little those individuals. hand, but I want him to know that, if apostrophe over the ‘‘O’’ in maybe an So the fourth aspect is the arbitrary needed, I am willing to on any subject Hispanic name or the configuration of and capricious nature of the way that that I can think of that Mr. GARRETT the vowels and the consonants when it the multilingual ballot law is required has brought forward. And I appreciate comes in a certain way that indicates and enforced; and because it is arbi- the leadership and support that has that it is a surname of a certain na- trary and capricious, it creates two been there on this cause. tionality. things: It creates a disincentive for It has not been an easy task. I had So this surname analysis will do a those people who are new to this coun- not thought about it as dogged deter- measure of likely Hispanic last names, try to assimilate into this Nation and mination; I had simply thought about or I should say Spanish last names, or learn the predominant language, which it as a cause and a principle that need- maybe likely Asian or Chinese last is English, so it is a disincentive to ed to be established. Simple common names. I do not know if it picks out the them. sense if you are going to have a Nation Irish or not, but I can go through the And, secondly, I guess the word to be that promotes assimilation and one of phone book and do that. So it kicks almost an insulting nature to them, the standards of that promotion of as- out these names. And if it kicks out that just because you are new to this similation is a Federal law that defines 10,000 names that have a Spanish last country or may have been here for sev- the standards by which people that name or 10,000 names that are Chinese eral years as naturalized citizens that come to this country are naturalized, last names, or 5 percent or more of you don’t possess the ability to learn conditions they must meet before they that voting district that are Spanish, to read and write the English language. can get a hold of that brass ring called Chinese, Lithuanian, whatever the sub- And I will close on this. When I had citizenship. ject might be, then by Federal law the opportunity to speak with some And, Mr. Speaker, citizenship needs there will be ballots printed in those election commissioners, they have told to be precious. It needs to have great languages at that locale, paid for by

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.132 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5123 the local election board or the county Federal mandate. And it is a Federal than English was called for. And it cost taxes or whoever is the one in each par- mandate. It is a federally unfunded his county, and I believe this to be a ticular State that determines that, a mandate that imposes foreign language low-population county, $100,000 ap- Federal mandate, an unfunded man- ballots on voting districts whether proximately per election to print for- date. anyone wants them or not and whether eign language ballot materials and to And I especially think it is ironic anyone calls for them or not. In fact, I administer and to translate. about Spanish surnames, because some do not know that there are records So $100,000 does not sound like a lot of these people that have a Spanish kept on these ballots and how many to a Member of Congress when we deal surnames are descended from immi- are actually used. If there were, I with billions and, in fact, trillions of grants that came here in the 1500s. would like to have seen those records. dollars, but it adds up over this coun- They have been here since about before But to give you an example, Mr. try. We have thousands of counties in the Mayflower, before Jamestown. Speaker, this letter came, and it is America. And of those that are com- They came up to the Southwest. They dated June 24, so it is fairly fresh. And pelled to print these foreign language were Americans long before anybody I just happened to be going through my ballots, the dollars contribute. else that I know of, and yet we would mail a couple of days ago; and I get a And it isn’t just the cost of it. It isn’t presume by their last name alone the packet of it, and I read through it, and just the burden of the administration. prejudicial preconception that we have try to be tuned in to what the Amer- But it is the risk of the mistakes that to send them Spanish language ballots. ican citizens have to say about the come when we translate into foreign It is a lousy measure. It has never work that we are doing here. languages. been a good measure. It is actually, I And this gentleman has freed me up We have to have a standard. We have believe, a prejudiced measure, to be so to speak about this openly and publicly to have an official ballot. And when prejudiced that because of your name, and into the RECORD. But I think for you start translating into foreign lan- they can determine whether you can the sake of avoiding the kind of things guages, you lose the sense and the speak English. That should be anath- that might come, I will just read it to meaning. And there are languages out ema to all of in this Chamber, Mr. you and represent it without identi- there that their voice inflection deter- Speaker, and I hope that we fix that to- fying him individually. But this is an mines the meaning and its context de- morrow. individual who is a judge in a voting termines the meaning, so it becomes a But another measure that is equally district out in California. He has a judgment call on how it is interpreted. as ridiculous is the census, another Ph.D., and he is an educator, a pro- And, again, we do not interfere with way that we determine whether people fessor. He has a good handle on the the right of the localities to print for- can speak English well enough to qual- English language. eign language ballots if they so choose. ify for all-English ballots or whether But it says in his letter: ‘‘Dear Con- What we do is just remove the un- we have to give them a ballot in an- gressman KING, let me express my sup- funded Federal mandate that requires other language and impose that upon port for your efforts to let the multi- foreign language ballots and we let the them whether they want it or not. lingual ballot provision of the Voting localities make the determination on So the United States Census puts out Rights Act fade into the sunset. For how they are going to provide ballots this questionnaire, and presumably several years I have served as an elec- that can be read and utilized by the there is someone sitting down inter- tion judge in a polling place in my people that are there in the fashion preting the questionnaire. I do not hometown,’’ which is in California. that they see fit. There is nothing that think it just gets mailed out in other ‘‘My precinct over the years has prevents them from doing that. In fact, languages. But they ask the question, around 650 registered voters. In the there is nothing that prevents them How well do you speak English? A, not June, 2006, primary, we had 11 parties from doing that today, Mr. Speaker. at all; B, not well, do not speak English on the ballot.’’ That would be political In fact, I have here a copy of yester- well; C, speak English well; or, D, parties. ‘‘We had available 33 separate day’s USA Today. speak English very well. ballots because members of each of the b 1945 Now, if you say that you don’t speak 11 parties had ballots available to them English at all or not well or even if you in three languages—English, Spanish, It lays out circumstances in the say that you speak English well, all and Chinese. In the primary, general, State of Wisconsin. The headline in three of those categories, A, B, and C, and special elections over the past this story is, ‘‘Lawmaker critical of are all measured as limited-English- years in which I have served, no voter Wisconsin translations.’’ We are going proficiency speaking. Even if you say has ever requested a ballot in a lan- to disagree about these things across you speak English well, you have to guage other than English.’’ I will re- the country. It is part of our system, say that you speak English very well in peat that. ‘‘No voter has ever requested but the story reads like this. order to not be qualified as having lim- a ballot in a language other than ‘‘The Wisconsin State election board ited English proficiency that would English. began translating voter registration trigger the foreign language ballots. ‘‘Putting aside the question of the forms and absentee ballot applications So I think there have to be English appropriateness of ballots in languages into Spanish and Hmong this year, a professors, high school literature other than English, I would simply move that one State lawmaker says teachers, probably politicians as well, point out the large cost to the county could swing an election. who make their living with this lan- in complying with the Voting Rights ‘‘ ‘This is for people who function on guage, who will read that and think ‘‘I Act. The waste of public money is sig- a day-to-day basis in languages other have never reached the standard that I nificant. As a Republican, I would be than English but want to acclimate to thought I ought to; so I do not want to truly disappointed if a Republican ma- Wisconsin and to participate in the be so proud that I put down I speak it jority in the House and the Senate can- democratic process,’ Elections Board very well. I think I will just put down not repeal at least the multiple lan- spokesman Kyle Richmond says. I speak it well. And, inadvertently, guage provisions in the Voting Rights ‘‘Translating the voting materials they will be putting themselves in a Act. was not required under the Voting category that will be calling for a for- ‘‘Very truly yours . . . ’’ A copy sent Rights Act because Hmong- and Span- eign language ballot. to the chairman of the Judiciary Com- ish-speaking residents make up fewer And with the Chinese language, how mittee as well. than 5 percent of the State’s eligible many dialects are there, 300 and some So we made contact with this gen- voters.’’ dialects? At least it used to be. But tleman. And in there again he reiter- Mr. Speaker, we do not address that which version of Chinese is it? Is it ated that in all five elections where he issue. We leave that intact. If States Mandarin? Is it Cantonese? Is it any has served as a judge, no foreign lan- want to determine they are going to other version there? guage ballots were ever requested in print foreign language ballots, they There is really no way we can admin- his precinct even though they had 33 will print them. ister this effectively with an equal pro- different versions in this last primary We also protect and preserve the Fed- tection perspective as long as it is a election. Thirty-three, not one other eral statute that exists that allows an

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.134 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5124 CONGRESSIONAL RECORD — HOUSE July 12, 2006 individual to bring a translator into ment, offered the amendments, and This may be one of those times. I am the voting booth with them. So, if bal- there were nine that voted with me on hopeful it will be one of these times, lots can be printed in foreign languages the amendment that would have elimi- Mr. Speaker, but I believe strongly because of the local government, if we nated this Federal mandate for foreign that there is not a necessity out there protect the tenth amendment, the language ballots. That was a signifi- for the Federal Government to man- States rights issue, and let them deter- cant amount on the amendment. date foreign language ballots. I believe mine their election process, and if we But on final passage, then I found strongly that we need to send a mes- lift the foreign language ballot, the myself as the sole voice that voted sage that we are a Nation that wel- Federal mandate, the unfunded man- ‘‘no’’ on the reauthorization of the Vot- comes legal immigrants with open date for foreign language ballots, then ing Rights Act in the Judiciary Com- arms, we encourage them to come into we have got the principles of the tenth mittee, 33–1 was the vote, and I have this fold. amendment there, the States rights often said when I found myself the lone I go and speak at the naturalization issue. We have got that and we support vote, dissenting from everyone else, I services whenever I have the oppor- that. We support the Federalism issue use a defense, it is a little ditty that I tunity. They are some of the most that government is better off if it is de- simply memorized, and it talks about moving experiences that I have. When I volved to the States and remains in the the people’s judgment, people’s judg- look people in the eye and I can see States rather than bring the power ment being a democratic vote, a major- that mist, that moistness in their eyes, here to Washington, D.C. It is time to ity vote that rules here in this House, that sense that that event in their life- as it should, and it goes like this: Nor get it back to the States where they time ranks right up there with the is the people’s judgment always true, belong. wedding day or the day that their first- I would submit another issue that but most can err as grossly as the few. born child might be born with impor- In this case, I do not want to point seems to be a bit of a curiosity to me, tant moments in their lives, and there out the people that disagreed with me Mr. Speaker, and that is the issue of are many of them that will say that is on this issue as necessarily erring, but what will be the case when we get to the most important moment in their I want to point out the necessity to that point where there are voting dis- lives. stand on principle and how a single tricts where no one in that district So I have had the opportunity at vote can make a big difference, and those naturalization services to re- speaks English. Is it presumed by law with that 33–1 vote, had I not put that mark about how important it is, from that one would have to then qualify vote up, it would have been unanimous my perspective, and how I am moved under this Federal mandate to get an coming out of the Judiciary Com- by the stories that came through my English language ballot, even if no one mittee. Had it been unanimous, it family about my ancestors who came wanted one in that district? would have been very difficult for any- Well, it seems a little hard to con- here, and I sign and autograph a Con- one to make an argument we should receive of this today, but it is far easier stitution for each one of the newly nat- consider the cover districts arguments to conceive of this today than it was uralized citizens I have had the privi- from Georgia, Texas and other covered easy to conceive of this in 1965 when districts that have been led so well by lege to speak to at a ceremony and this was not part of the law, but in pass them out and congratulate them LYNN WESTMORELAND and CHARLIE 1975, when it was put into the law and and ask them to keep that Constitu- NORWOOD. they believed that it would be tem- That team has been strong and pow- tion close to them, close to their heart porary then, those who voted for this erful, and they have been dogged in like mine is close to my heart, read it, provision, this unfunded Federal man- their determination, and they have study it, understand it, linking it to date for foreign language ballots are been relentless, and they believe pow- this history, becoming part of this the people who, if they are watching us erfully in their cause. I support the shared experience that we have, reach today, if they are on this planet or spirit of their efforts, but that would out and reach towards this American looking down on us from above, would have, I believe, have fallen on deaf ears dream, this American dream that real- be astonished that we would still have if it had been a unanimous vote out of ly is to leave this world a better place this in place. They would be astonished the Judiciary Committee, but one ‘‘no’’ than it was when we came, to lay the that we have this difficult of a debate vote gave them a small beachhead to groundwork so our children can have a going on about whether we can simply go to work on and their beachhead better opportunity than we have had. let the sunset take place, let these pro- gave a beachhead for the rest of us to We think it gets harder every genera- vision requirements expire and allow head our positions together here and tion, but it is hard every generation, States rights to take place and allow our need to allow the sunset of the for- and our parents gave us more oppor- localities to make these decisions. eign language ballot mandate to take tunity than they had. So it goes, back This is just an interesting subject place. through the generations, and so it that we will take up tomorrow, Mr. I reflect back upon the moment when needs to go on through the succeeding Speaker. We will debate this signifi- I gave a Memorial Day speech in generations in the same fashion. cantly and intensively, and I am hope- Denison, Iowa, and as I finished my If America is going to be this glo- ful that the wisdom of this Chamber speech and as the ceremonies con- rious Nation that we have become, if will be reflected in a positive vote on cluded, the mayor came up with his lit- we are going to take ourselves to the the floor here in the United States tle baby in his arms, and I suppose he next level of our destiny, we always House of Representatives. was 6-weeks-old at the time. So I took have to reach out and ask to challenge I am quite appreciative of all the ef- a look, good look at that healthy, little people to follow through in this Amer- fort that has gone into this. This has boy, and I said to the mayor what is his ican dream, to make America a better been a spontaneous effort, not an or- name. Well, his name is John Quincy. I place. chestrated effort but a spontaneous ef- said John Quincy. John Quincy said al- So we can do that by promoting this fort, and sometimes when you stand up ways vote for principle, though you great unifying idea of a common lan- and take a stand it reflects through the may vote alone. You can take the guage. It is the most powerful unifying hearts and the philosophies of those of sweetest satisfaction in knowing that force known throughout history for all us who are charged with representing your vote is never lost. He looked at humanity. It is true for all languages. the wishes of the people in all of Amer- me and he smiled and he held that lit- It just happens to be that we are fortu- ica. tle boy, and he said that is why I nate in this country that our language I know that when this bill, the reau- named him John Quincy. He will be a is the English language, the language thorization of the Voting Rights Act man of principle. of business for the world, the language until 2032 came to the Judiciary Com- That always matters to vote your of the maritime industry for the world, mittee and I offered a couple of amend- principle, though you may vote alone, the language of air traffic controllers ments then to try to improve it, the but your vote is never lost. There are and all air traffic communications in climate in the committee at that time stories after stories on how important the world and this language that has was not very conducive to amendments it is how one vote can make a signifi- been the companion to freedom every- being adopted. Yet, I made the argu- cant difference in America. where throughout the world.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.136 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5125 As I read the book written by Win- English language well enough to vote. I Ms. KAPTUR, for 5 minutes, today. ston Churchill called, the History of would question that, but that is a de- Mr. DEFAZIO, for 5 minutes, today. the English-Speaking Peoples, and I bate for Wisconsin, not a debate for Mr. PALLONE, for 5 minutes, today. followed through on that history, as this Congress. Mr. EMANUEL, for 5 minutes, today. each tracks the English-speaking peo- So I submit, Mr. Speaker, that to- Mr. GEORGE MILLER of California, for ples around the globe and a part of its morrow we will make a decision. It will 5 minutes, today. conquest and trade and colonization, be a big decision. It will be a decision Mr. LYNCH, for 5 minutes, today. but the English people never doubted that will have long-term implications. Mr. MCDERMOTT, for 5 minutes, and never lacked for faith in their civ- Those long-term implications do not today. ilization, in their culture, in their des- seem very big today as we talk about Mr. STUPAK, for 5 minutes, today. tiny, in their duty, and they promoted the simplicity of this argument. No one Mr. SKELTON, for 5 minutes, today. those values around the globe. As they will be disenfranchised from being able Mr. THOMPSON of Mississippi, for 5 did so, wherever they went, they left to vote. I ask them to become informed minutes, today. the English language, and wherever the voters, and that is a challenge out Ms. LORETTA SANCHEZ of California, Americans have gone, we have left the there to English speakers and to other for 5 minutes, today. English language. If you go places speakers to become an informed voter. Mrs. LOWEY, for 5 minutes, today. today, and follow the English language But what is down the line is the mes- Ms. JACKSON-LEE of Texas, for 5 min- wherever the English language is, you sage that we are sending to the newly utes, today. will find freedom, also. arriving Americans that 10 or 20 or 60 Ms. NORTON, for 5 minutes, today. Freedom’s been a companion to the or 90 million Americans that we might Ms. CORRINE BROWN of Florida, for 5 English language wherever it has gone have within the next generation, that minutes, today. Ms. CARSON, for 5 minutes, today. around the globe. We should be very message that here is our language, Mr. OBERSTAR, for 5 minutes, today. grateful we are descended from English learn this language. We will not be able Ms. EDDIE BERNICE JOHNSON of Texas, common law that respects these values to say that if the first thing we do is for 5 minutes, today. that we have. We have taken up that hand them a foreign language ballot. Mr. PRICE of North Carolina, for 5 cause, and we have advanced it beyond How do we ask them to assimilate if we minutes, today. this constitutional republic that we are going to be enablers? Mr. LEWIS of Georgia, for 5 minutes, have that is rooted in this responsi- That is the question that is before us. today. bility to be an informed citizen and ac- That is the long-term implication of Mr. ENGEL, for 5 minutes, today. tive citizen and informed voter. Part of these questions that are before us, Mr. Mr. KIND, for 5 minutes, today. that responsibility is to get informed Speaker, and I am going to ask this Mr. BLUMENAUER, for 5 minutes, within this English language so you body tomorrow to make a long-term, today. can understand this culture of Amer- wise decision, save millions of taxpayer (The following Members (at the re- ica. dollars, take the oppressive thumb off quest of Ms. FOXX) to revise and extend It is very difficult to understand the the back of localities, let them make their remarks and include extraneous decisions that have been made if you the decisions themselves, let them material:) are not able to access the common reach out to people and take care of Mr. POE, for 5 minutes, July 18. newspapers that are there, not able to them in that fashion, save the money, Ms. FOXX, for 5 minutes, today. get on the Internet and not able per- provide better, more efficient services, (The following Member (at his own haps to carry on in conversations do the right thing, preserve the tenth request) to revise and extend his re- around your entire regular travels that amendment, preserve the idea of Fed- marks and include extraneous mate- you have. It is very difficult. It is not eralism and move this Nation to the rial:) impossible, but if we allow the local- next level of its destiny so that we can Mr. NADLER, for 5 minutes, today. ities to make the decisions on whether be a Nation that welcomes all, with f or not there are going to be foreign equal opportunity for all and prejudice language ballots and what languages against none and prejudice towards SENATE BILLS REFERRED they might be in. none. Bills of the Senate of the following You can bet that those localities will f titles were taken from the Speaker’s be looking at these like this county in table and, under the rule, referred as LEAVE OF ABSENCE California, this particular voting dis- follows: trict in California with the 650 reg- By unanimous consent, leave of ab- S. 1509. An act to amend the Lacey Act istered voters, and they would say, sence was granted to: Amendments of 1981 to add non-human pri- well, we printed the last five elections Ms. SLAUGHTER (at the request of Ms. mates to the definition of prohibited wildlife in 33 different ballots and three dif- PELOSI) for today. species; to the Committee on Resources. ferent languages and no one in all that Mrs. NORTHUP (at the request of Mr. S. 2430. An act to amend the Great Lakes time has asked for a foreign language BOEHNER) for today and the balance of Fish and Wildlife Restoration Act of 1990 to ballot; you suppose maybe this time we the week on account of personal rea- provide for implementation of recommendations of the United States Fish and Wildlife ought to cut those numbers down and sons. Service contained in the Great Lakes Fish- maybe eliminate it all together and Mrs. JO ANN DAVIS of Virginia (at the ery Resources Restoration Study: to the just put English language ballots out request of Mr. BOEHNER) for today on Committee on Resources. there like we did in the past? I think account of personal reasons. f the answer is, yes, let us stop that Mr. TIAHRT (at the request of Mr. waste; let us stop being bigoted in say- BOEHNER) for today on account of at- ADJOURNMENT ing everyone cannot understand a lan- tending a funeral. Mr. KING of Iowa. Mr. Speaker, I guage because of their last name. f move that the House do now adjourn. Then perhaps there will be others The motion was agreed to; accord- SPECIAL ORDERS GRANTED like Wisconsin in this other USA ingly (at 8 p.m.), the House adjourned Today article that is here, Mr. Speak- By unanimous consent, permission to until tomorrow, Thursday, July 13, er, where they decide at the locality, address the House, following the legis- 2006, at 10 a.m. we want to spend the money, we want lative program and any special orders f to take that responsibility, we want to heretofore entered, was granted to: reach out to the Hmong- and the Span- (The following Members (at the re- EXECUTIVE COMMUNICATIONS, ish-speaking people and give them a quest of Mr. MCDERMOTT) to revise and ETC. ballot in a language that they can un- extend their remarks and include ex- Under clause 8 of rule XII, executive derstand and be comfortable with. traneous material:) communications were taken from the Now, I would question why it would Mr. BROWN of Ohio, for 5 minutes, Speaker’s table and referred as follows: be that they could be American citi- today. 8486. A letter from the Secretary, Depart- zens in Wisconsin and not speak the Ms. WOOLSEY, for 5 minutes, today. ment of Agriculture, transmitting a copy of

VerDate Aug 31 2005 04:32 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K12JY7.137 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5126 CONGRESSIONAL RECORD — HOUSE July 12, 2006 draft legislation entitled, ‘‘To establish a 8496. A letter from the Counsel for Legisla- 8506. A letter from the Assistant Secretary program to be administered by the Secretary tion and Regulations, Department of Hous- for Legislative Affairs, Department of State, of Agriculture for the purpose of aiding Fed- ing and Urban Development, transmitting transmitting pursuant to section 36(c) of the eral agriculture conservation programs’’; to the Department’s final rule—Prohibition on Arms Export Control Act, certification re- the Committee on Agriculture. Use of Community Development Block Grant garding the proposed license for the export of 8487. A letter from the Secretary, Depart- Assistance for Job-Pirating Activities Signifcicant military equipment to the Gov- ment of Agriculture, transmitting a copy of [Docket No. FR-4556-F-03] (RIN: 2506-AC04) ernments of Italy, Kazakhstan and Russia a draft bill entitled, ‘‘Commodity Credit Cor- received June 7, 2006, pursuant to 5 U.S.C. (Transmittal No. DDTC 017-06); to the Com- poration (CCC) Budget proposals’’; to the 801(a)(1)(A); to the Committee on Financial mittee on International Relations. Committee on Agriculture. Services. 8507. A letter from the Assistant Secretary 8488. A letter from the Acting U.S. Global 8497. A letter from the Assistant Secretary, for Legislative Affairs, Department of State, AIDS Coordinator, Department of State, Securities and Exchange Commission, trans- transmitting pursuant to section 36(c) of the transmitting a report on the President’s mitting the Commission’s final rule—Fund Arms Export Control Act, certification re- Emergency Plan for AIDS Relief: Blood Safe- of Funds Investments [Release Nos. 33-8713; garding the proposed license for the export of ty and HIV/AIDS, as requested in House Re- IC-27399; File No. S7-18-03] (RIN: 3235-AI30) defense articles the Hashemite Kingdom of port 109-152, accompanying H.R. 3057; to the received June 23, 2006, pursuant to 5 U.S.C. Jordan (Transmittal No. DDTC 004-06); to the Committee on Appropriations. 801(a)(1)(A); to the Committee on Financial Committee on International Relations. 8489. A letter from the Liaison Officer, Of- Services. 8508. A letter from the Assistant Secretary fice of the Secretary, Department of Defense, 8498. A letter from the Director, Inter- for Legislative Affairs, Department of State, transmitting the Department’s final rule— national Cooperation, Department of De- transmitting the Department’s Human Civilian Health and Medical Program of the fense, transmitting pursuant to Section 27(f) Rights Report for International Military Uniformed Services (CHAMPUS)/TRICARE; of the Arms Export Control Act and Section Education and Training Recipients, in ac- Coverage of Phase II and Phase III Clinical 1(f) of Executive Order 11958, a copy of Trans- cordance with Section 549 of the Foreign As- Trials Sponsored by the National Institutes mittal No. 14-06 which informs of an intent sistance Act of 1961; to the Committee on of Health National Cancer Institute (RIN: to sign the Bio Inspired/Derived Approaches International Relations. 0720-0057) received June 22, 2006, pursuant to for the Development of Materials and Sen- 8509. A letter from the Assistant Secretary 5 U.S.C. 801(a)(1)(A); to the Committee on sors Project Arrangement between the for Legislative Affairs, Department of State, Armed Services. United State and Singapore, pursuant to 22 transmitting a report on activities under the 8490. A letter from the Director, Defense U.S.C. 2767(f); to the Committee on Inter- Tropical Forest Conservation Act of 1998, Procurement and Acquisition Policy, De- national Relations. pursuant to Public Law 105-214, section 813; partment of Defense, transmitting the De- 8499. A letter from the Assistant Legal Ad- to the Committee on International Rela- partment’s final rule—Defense Federal Ac- viser for Treaty Affairs, Department of tions. quisition Regulation Supplement; Sole State, transmitting Copies of international 8510. A letter from the Assistant Secretary Source 8(a) Awards to Small Business Con- agreements, other than treaties, entered into for Legislative Affairs, Department of State, cerns Owned by Native Hawaiian Organiza- by the United States, pursuant to 1 U.S.C. transmitting Pursuant to the Anti-Economic tions [DFARS Case 2004-D031] received June 112b; to the Committee on International Re- Discrimination Act of 1994, part C of Title V, 26, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to lations. Foreign Relations Authorization Act, Fiscal the Committee on Armed Services. 8500. A letter from the Deputy Director, Years 1994 and 1995, as amended (Public Law 8491. A letter from the Director, Defense Defense Security Cooperation Agency, trans- 103-236), the Secretary’s determination sus- Procurement and Acquisition Policy, De- mitting pursuant to the reporting require- pending prohibitions on certain sales and partment of Defense, transmitting the De- ments of Section 36(b)(1) of the Arms Export leases under the Anti-Economic Discrimina- partment’s final rule—Defense Federal Ac- Control Act, as amended, Transmittal No. 06- tion Act of 1994 and the accompanying quisition Regulation Supplement; Free 21, concerning the Department of the Navy’s Memorandum of Justification; to the Com- Trade Agreement—El Salvador, Honduras, proposed Letter(s) of Offer and Acceptance to mittee on International Relations. and Nicaragua (DFARS Case 2006-D019) re- Korea for defense articles and services; to 8511. A letter from the Assistant Secretary ceived June 26, 2006, pursuant to 5 U.S.C. the Committee on International Relations. for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Armed 8501. A letter from the Director, Defense transmitting pursuant to section 36(d) of the Services. Security Cooperation Agency, transmitting Arms Export Control Act, certification re- 8492. A letter from the Director, Defense pursuant to the reporting requirements of garding the proposed manufacturing license Procurement and Acquisition Policy, De- Section 36(b)(1) of the Arms Export Control agreement for the manufacture of signficant partment of Defense, transmitting the De- Act, as amended, Transmittal No. 06-35, con- military equipment in Germany (Trans- partment’s final rule—Defense Federal Ac- cerning the Department of the Navy’s pro- mittal No. DDTC 016-06); to the Committee quisition Regulation Supplement; Security- posed Letter(s) of Offer and Acceptance to on International Relations. Guard Services Contracts (DFARS Case 2006- Japan for defense articles and services; to 8512. A letter from the Assistant Secretary D011) received June 26, 2006, pursuant to 5 the Committee on International Relations. for Legislative Affairs, Department of State, U.S.C. 801(a)(1)(A); to the Committee on 8502. A letter from the Assistant Secretary transmitting pursuant to section 36(c) of the Armed Services. for Legislative Affairs, Department of State, Arms Export Control Act, certification re- 8493. A letter from the Director, Defense transmitting notification of intent to obli- garding the proposed license for the export of Procurement and Acquisition Policy, De- gate funds for purposes of Nonproliferation defense articles and services to the Govern- partment of Defense, transmitting the De- and Disarmament Fund (NDF) activities, ment of Israel (Transmittal No. DDTC 059- partment’s final rule—Defense Federal Ac- pursuant to Public Law 102-511, section 05); to the Committee on International Rela- quisition Regulation Supplement; Con- 508(a); to the Committee on International tions. tractor Personnel Authorized to Accompany Relations. 8513. A letter from the Assistant Secretary U.S. Armed Forces (DFARS Case 2005-D013) 8503. A letter from the Assistant Secretary for Legislative Affairs, Department of State, received June 26, 2006, pursuant to 5 U.S.C. for Legislative Affairs, Department of State, transmitting consistent with the Authoriza- 801(a)(1)(A); to the Committee on Armed transmitting pursuant to section 36(d) of the tion for Use of Military Force Against Iraq Services. Arms Export Control Act, certification re- Resolution of 2002 (Pub. L. 107-243), the Au- 8494. A letter from the Director, Defense garding the proposed license for the manu- thorization for the Use of Force Against Iraq Procurement and Acquisition Policy, De- facture of defense equipment from the Gov- Resolution (Pub. L. 102-1), and in order to partment of Defense, transmitting the De- ernment of the Japan (Transmittal No. keep the Congress fully informed, a report partment’s final rule—Defense Federal Ac- DDTC 030-06); to the Committee on Inter- prepared by the Department of State for the quisition Regulation Supplement; Berry national Relations. February 15, 2006–April 15, 2006 reporting pe- Amendment Exceptions—Acquisition of Per- 8504. A letter from the Assistant Secretary riod including matters relating to post-lib- ishable Food, and Fish, Shellfish, or Seafood for Legislative Affairs, Department of State, eration Iraq under Section 7 of the Iraq Lib- (DFARS Case 2006-D005) (RIN: 0750-AF32) re- transmitting notification of a possible unau- eration Actof 1998 (Pub. L. 105-338); to the ceived June 26, 2006, pursuant to 5 U.S.C. thorized transfer of U.S.-origin defense arti- Committee on International Relations. 801(a)(1)(A); to the Committee on Armed cles pursuant to Section 3(e) of the Arms Ex- 8514. A letter from the Assistant Secretary Services. port Control Act (AECA); to the Committee for Legislative Affairs, Department of State, 8495. A letter from the Counsel for Legisla- on International Relations. transmitting the sixth annual Trafficking in tion and Regulations, Department of Hous- 8505. A letter from the Assistant Secretary Persons Report, pursuant to Public Law 106- ing and Urban Development, transmitting for Legislative Affairs, Department of State, 386, section 110; to the Committee on Inter- the Department’s final rule—Community De- transmitting pursuant to section 36(c) and national Relations. velopment Block Grant Program; Revision of (d) of the Arms Export Control Act, certifi- 8515. A letter from the Chairman, U.S.- CDBG Eligibility and National Objective cation regarding the proposed transfer of China Commission, transmitting the record Regulations [Docket No. FR-4699-F-02] (RIN: major defense articles or defense services to of the Commission’s February 2-3, 2006 hear- 2506-AC12) received June 7, 2006, pursuant to the Government of Japan (Transmittal No. ing on ‘‘Major Internal Challenges Facing 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- DDTC 023-06); to the Committee on Inter- the Chinese Leadership’’; to the Committee nancial Services. national Relations. on International Relations.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\L12JY7.000 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5127 8516. A letter from the Director, Office of received June 19, 2006, pursuant to 5 U.S.C. Mr. LINCOLN DIAZ-BALART of Florida: Personnel Management, transmitting the Of- 801(a)(1)(A); to the Committee on Ways and Committee on Rules. House Resolution 910. fice’s final rule—Prevailing Rate Systems; Means. Resolution providing for consideration of the North American Industry Classification Sys- 8526. A letter from the United States Trade bill (H.R. 9) to amend the Voting Rights Act tem Based Federal Wage System Wage Sur- Representative, Executive Office of the of 1965 (Rept. 109–554). Referred to the House veys (RIN: 3206-AK94) received June 16, 2006, President, transmitting consistent with sec- Calendar. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion 2105(a)(1)(B) of the Trade Act of 2002, a Mr. THOMAS: Committee on Ways and mittee on Government Reform. description of the change to an existing law Means. H.R. 5640. A bill to amend part B of 8517. A letter from the Director, Office of that would be required to bring the United title IV of the Social Security Act to reau- Personnel Management, transmitting the Of- States into compliance with the United thorize the safe and stable families program, fice’s final rule—Classification Under the States-Peru Free Trade Agreement; to the and for other purposes; with an amendment General Schedule and Prevailing Rate Sys- Committee on Ways and Means. (Rept. 109–555). Referred to the Committee of tems (RIN: 3206-AH38) received June 23, 2006, 8527. A letter from the Chief, Publications the Whole House on the State of the Union. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Regulations Branch, Internal Revenue f mittee on Government Reform. Service, transmitting the Service’s final 8518. A letter from the Director, Regu- rule—Mixed Service Costs (MSC) Industry PUBLIC BILLS AND RESOLUTIONS latory Management Division, Office of Exec- Directive—received June 13, 2006, pursuant Under clause 2 of rule XII, public utive Secretariat, Department of Homeland to 5 U.S.C. 801(a)(1)(A); to the Committee on bills and resolutions were introduced Security, transmitting the Department’s Ways and Means. and severally referred, as follows: final rule—Affidavits of Support on Behalf of 8528. A letter from the Chief, Publications Immigrants [DHS 2004-0026; CIS No. 1807-96] and Regulations Branch, Internal Revenue By Mr. ALEXANDER: (RIN: 1615-AB45) received June 22, 2006, pur- Service, transmitting the Service’s final H.R. 5765. A bill to amend the Internal Rev- suant to 5 U.S.C. 801(a)(1)(A); to the Com- rule—Erickson Post Acquisition, Inc. v. enue Code of 1986 to allow employers a credit mittee on the Judiciary. Commissioner [Docket No. 8218-00; T.C. against income tax for employing members 8519. A letter from the Acting Director, Ex- Memo. 2003-218] received June 13, 2006, pursu- of the Ready Reserve or National Guard; to ecutive Office for United States Trustees, ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Committee on Ways and Means. Department of Justice, transmitting the De- on Ways and Means. By Mr. TIAHRT (for himself, Mr. TOM partment’s final rule—Application Proce- 8529. A letter from the Chief, Publications DAVIS of Virginia, Mr. PORTER, Ms. dures and Criteria for Approval of Nonprofit and Regulations Branch, Internal Revenue GINNY BROWN-WAITE of Florida, Mr. Budget and Credit Counseling Agencies and Service, transmitting the Service’s final BLUNT, Mr. ENGLISH of Pennsylvania, Approval of Providers of a Personal Finan- rule—Postponement of Filing Date for Form Mr. DOOLITTLE, Mr. GINGREY, Mrs. JO cial Management Instructional Course by 8898 [Notice No. 2006-57] received June 20, ANN DAVIS of Virginia, Mr. CASE, Mr. United States Trutees [Docket No. EOUST 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the CARTER, Mr. CONAWAY, Mr. MACK, Mr. 100] (RIN: 1105-AB17) received June 26, 2006, Committee on Ways and Means. NORWOOD, Mr. INGLIS of South Caro- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8530. A letter from the Chief, Publications lina, Mr. RYUN of Kansas, Mr. AKIN, mittee on the Judiciary. and Regulations Branch, Internal Revenue Mr. NEUGEBAUER, Mr. OXLEY, and Mr. 8520. A letter from the Administrator, Of- Service, transmitting the Service’s final WILSON of South Carolina): H.R. 5766. A bill to provide for the estab- fice of Foreign Labor Certification, Depart- rule—Application of the Federal Insurance lishment of Federal Review Commissions to ment of Labor, transmitting the Depart- Contributions Act to Payments Made for review and make recommendations on im- ment’s final rule—Labor Condition Applica- Certain Services [TD 9266] (RIN: 1545-BE32) proving the operations, effectiveness, and ef- tions and Requirements for Employers Using received June 20, 2006, pursuant to 5 U.S.C. ficiency of Federal programs and agencies, Nonimmigrants on H-1B Visas in Speciality 801(a)(1)(A); to the Committee on Ways and and to require a schedule for such reviews of Occupations and as Fashion Models; Labor Means. all Federal agencies and programs; to the Attestations Regarding H-1B1 Visas (RIN: 8531. A letter from the Chief, Publications Committee on Government Reform, and in 1205-AB38) received July 6, 2006, pursuant to and Regulations Branch, Internal Revenue addition to the Committees on Rules, and 5 U.S.C. 801(a)(1)(A); to the Committee on the Service, transmitting the Service’s final the Budget, for a period to be subsequently Judiciary. rule—Determination of Issue Price in the 8521. A letter from the Program Analyst, determined by the Speaker, in each case for Case of Certain Debt Instruments Issued for FAA, Department of Transportation, trans- consideration of such provisions as fall with- Property (Rev. Rul. 2006-35) received June 20, mitting the Department’s final rule—Revi- in the jurisdiction of the committee con- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the sions to the Civil Penalty Inflation Adjust- cerned. Committee on Ways and Means. ment Rule and Tables [Docket No. FAA-2002- By Mr. KENNEDY of Minnesota (for 8532. A letter from the Chief, Publications 11483; Amendment No. 13-33] (RIN: 2120-AI52) himself, Mr. DAVIS of Tennessee, Mr. and Regulations Branch, Internal Revenue received June 20, 2006, pursuant to 5 U.S.C. HOSTETTLER, and Mr. DANIEL E. LUN- Service, transmitting the Service’s final 801(a)(1)(A); to the Committee on the Judici- GREN of California): rule—Last-in, First-out Inventories (Rev. ary. H.R. 5767. A bill to prohibit a convicted sex Rul. 2006-33) received June 20, 2006, pursuant 8522. A letter from the Assistant Secretary offender from obtaining approval of immi- to 5 U.S.C. 801(a)(1)(A); to the Committee on for Legislative Affairs, Department of State, gration petitions filed by the offender on be- Ways and Means. transmitting a semi-annual report con- half of family members; to the Committee on 8533. A letter from the Chief, Publications cerning emigration laws and policies of Azer- the Judiciary. and Regulations Branch, Internal Revenue baijan, Kazakhstan, Moldova, the Russian By Mrs. NAPOLITANO: Service, transmitting the Service’s final Federation, Tajikistan, Ukraine, and H.R. 5768. A bill to amend the Reclamation rule—Distributions of Interests in a Loss Uzbekistan, as required by Sections 402 and Wastewater and Groundwater Study and Fa- Corporation from Qualified Trusts [TD 9269] 409 of the 1974 Trade Act, as amended, pursu- cilities Act to provide standards and proce- (RIN: 1545-BC00) received June 23, 2006, pur- ant to 19 U.S.C. 2432(c) and (d); to the Com- dures for the review of water reclamation suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Ways and Means. and reuse projects; to the Committee on Re- 8523. A letter from the Secretary, Depart- mittee on Ways and Means. sources. ment of Health and Human Services, trans- 8534. A letter from the Chief, Publications By Mr. MATHESON: mitting the Department’s Annual Report On and Regulations Branch, Internal Revenue H.R. 5769. A bill to establish wilderness Child Welfare Outcomes 2003, pursuant to Service, transmitting the Service’s final areas, promote conservation, improve public Public Law 105-89, section 203(a); to the Com- rule—Factoring of Receivables Audit Tech- land, and provide for high quality economic mittee on Ways and Means. niques Guide—received June 23, 2006, pursu- development in Washington County, Utah, 8524. A letter from the Regulations Coordi- ant to 5 U.S.C. 801(a)(1)(A); to the Committee and for other purposes; to the Committee on nator, Administration for Children and Fam- on Ways and Means. Resources. ilies, Department of Health and Human Serv- 8535. A letter from the Chief Government By Mr. CONYERS (for himself, Mrs. ices, transmitting the Department’s final Affais Officer, Investment Company Insti- CHRISTENSEN, Mr. DAVIS of Illinois, rule—Reauthorization of the Temporary As- tute, transmitting a copy of the 46th edition Mr. JACKSON of Illinois, Ms. JACKSON- sistance for Needy Families Program (RIN: of the Investment Company Fact Book; to LEE of Texas, and Mr. BISHOP of 0970-AC27) received June 30, 2006, pursuant to the Committee on Ways and Means. Georgia): 5 U.S.C. 801(a)(1)(A); to the Committee on f H.R. 5770. A bill to amend the Public Ways and Means. Health Service Act to increase the physician 8525. A letter from the Director, Regula- REPORTS ON COMMITTEES ON manpower in the areas of primary care, psy- tions and Rulings Division, Alcohol & To- PUBLIC BILLS AND RESOLUTIONS chiatric care, and emergency medicine in bacco Tax & Trade Bureau, Department of federally designated physician shortage the Treasury, transmitting the Department’s Under clause 2 of rule XIII, reports of areas, and for other purposes; to the Com- final rule—Establishment of the San Antonio committees were delivered to the Clerk mittee on Energy and Commerce. Valley Viticultural Area (2004R-599P) [T.D. for printing and reference to the proper By Mr. BOSWELL (for himself, Mrs. TTB-46; Re: Notice No. 45] (RIN: 1513-AB02) calendar, as follows: NAPOLITANO, Mr. EVANS, Mr.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\L12JY7.000 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE H5128 CONGRESSIONAL RECORD — HOUSE July 12, 2006

MICHAUD, Ms. CORRINE BROWN of By Mr. CROWLEY (for himself and Mr. INGLIS of South Carolina, Mr. FRANK of Mas- Florida, Mr. FILNER, Mr. FORD, Mr. WILSON of South Carolina): sachusetts, Mr. LEWIS of Georgia, Mr. SALAZAR, Ms. HARMAN, Mr. EDWARDS, H. Res. 911. A resolution expressing sym- SAXTON, Mr. HALL, and Mr. DELAHUNT. Mr. ROSS, Mr. HOLDEN, Mr. THOMPSON pathy for the people of India in the after- H.R. 5023: Ms. BALDWIN. of California, Mr. TANNER, Mr. MAR- math of the deadly terrorist attacks in H.R. 5024: Mr. HINOJOSA. SHALL, Mr. ETHERIDGE, Mr. Mumbai on July 11, 2006; to the Committee H.R. 5139: Mr. GEORGE MILLER of Cali- MELANCON, Ms. BEAN, Mr. TAYLOR of on International Relations. fornia. Mississippi, Mr. BOREN, Mr. BERRY, By Mrs. BIGGERT (for herself and Mr. H.R. 5140: Mr. GEORGE MILLER of Cali- Mr. MCDERMOTT, Mr. STARK, Mr. KANJORSKI): fornia. CLEAVER, Mr. HOYER, Mr. FRANK of H. Res. 912. A resolution supporting the H.R. 5159: Mrs. DRAKE. Massachusetts, Mr. OLVER, Mr. goals and ideals of National Life Insurance H.R. 5202: Ms. HERSETH. LARSON of Connecticut, and Mr. MUR- Awareness Month; to the Committee on Gov- H.R. 5230: Mrs. BLACKBURN and Mr. JINDAL. THA): ernment Reform. H.R. 5249: Mrs. SCHMIDT, Mr. BOUSTANY, H.R. 5771. A bill to reduce the incidence of By Mr. HASTINGS of Florida: and Mr. MCGOVERN. suicide among veterans; to the Committee H. Res. 913. A resolution expressing the H.R. 5265: Mr. WU. on Veterans’ Affairs. condolences of the House of Representatives H.R. 5278: Mr. ANDREWS. By Mr. BOUSTANY: to the victims, their families and friends, H.R. 5291: Mr. TIBERI. H.R. 5772. A bill to amend title 10, United and the people of India for the loss suffered H.R. 5339: Mr. OWENS and Mr. BRADY of States Code, to direct the Secretary of De- during the terrorist attacks in Mumbai, Pennsylvania. fense to prohibit the unauthorized use of India, on July 11, 2006; to the Committee on H.R. 5348: Mr. VAN HOLLEN, Mr. WYNN, Mr. names, images and likenesses of members of International Relations. UDALL of Colorado, and Mr. MEEHAN. the Armed Forces; to the Committee on H.R. 5382: Mr. LINCOLN DIAZ-BALART of Armed Services. f Florida. By Mr. FOLEY: ADDITIONAL SPONSORS H.R. 5424: Mr. NUNES. H.R. 5773. A bill to require the Attorney H.R. 5468: Ms. SLAUGHTER, Mr. SERRANO, General to establish and implement a pro- Under clause 7 of rule XII, sponsors and Mr. BISHOP of New York. gram to make grants to States for were added to public bills and resolu- H.R. 5479: Mr. MCINTYRE, Mr. OTTER, and fingerprinting programs for children; to the tions as follows: Mr. BOOZMAN. Committee on the Judiciary. H.R. 97: Mrs. EMERSON. H.R. 5482: Ms. WATERS and Mr. LANTOS. By Ms. HARRIS (for herself and Mrs. H.R. 347: Mr. INGLIS of South Carolina. H.R. 5484: Mr. CAMPBELL of California and MYRICK): H.R. 503: Mr. ROGERS of Kentucky. Mr. GORDON. H.R. 5774. A bill to require the Secretary of H.R. 550: Mr. JEFFERSON and Mr. SIMMONS. H.R. 5499: Mr. BOEHLERT, Mr. BRADLEY of Veterans Affairs to publish a strategic plan H.R. 772: Mr. RAMSTAD, Mr. JONES of North New Hampshire, and Mr. FOLEY. for long-term care, and for other purposes; to Carolina, and Ms. CORRINE BROWN of Florida. H.R. 5536: Mr. LARSEN of Washington. the Committee on Veterans’ Affairs. H.R. 822: Mr. KENNEDY of Rhode Island. H.R. 5562: Mr. KING of New York. By Mr. OSBORNE: H.R. 830: Mr. CAPUANO and Mr. AL GREEN of H.R. 5583: Mr. BOSWELL, Mr. CARDOZA, Mr. H.R. 5775. A bill to amend the Internal Rev- Texas. DAVIS of Tennessee, Mr. ENGEL, Mr. enue Code of 1986 to provide a credit to cer- H.R. 1020: Mr. UPTON. ETHERIDGE, Ms. HERSETH, Mr. HIGGINS, Mr. tain concentrated animal feeding operations H.R. 1059: Mr. CUMMINGS and Mr. WYNN. JACKSON of Illinois, Mr. MARSHALL, Mr. for the cost of complying with environ- H.R. 1249: Mr. PASCRELL and Mr. FERGUSON. BROWN of Ohio, and Mr. SALAZAR. mental protection regulations; to the Com- H.R. 1369: Mr. GONZALEZ. H.R. 5598: Mr. MCDERMOTT. mittee on Ways and Means. H.R. 1447: Mr. DAVIS of Alabama. H.R. 5624: Ms. JACKSON-LEE of Texas. By Mr. PEARCE: H.R. 1548: Mr. MCINTYRE. H.R. 5657: Mr. JEFFERSON. H.R. 5776. A bill to amend the Help Amer- H.R. 1578: Mr. LARSON of Connecticut. H.R. 5669: Mr. BISHOP of Georgia, Mr. RAN- ica Vote Act of 2002 to establish standards H.R. 1806: Mr. ISRAEL. GEL, Ms. HART, Mr. ENGLISH of Pennsylvania, for the distribution of voter registration ap- H.R. 1951: Mr. SHUSTER and Mr. PICKERING. and Mr. CLEAVER. plication forms, and for other purposes; to H.R. 2239: Mr. MILLER of Florida. H.R. 5671: Mr. STRICKLAND. the Committee on House Administration. H.R. 2429: Mr. SHAYS. H.R. 5674: Ms. MOORE of Wisconsin. By Mr. PEARCE: H.R. 2568: Mr. MOORE of Kansas. H.R. 5682: Mr. HALL, Mr. SMITH of Texas, H.R. 5777. A bill to amend the Help Amer- H.R. 2569: Mr. BAIRD. and Mr. NEUGEBAUER. ica Vote Act of 2002 to prohibit a State re- H.R. 2736: Mr. GORDON. H.R. 5704: Mr. KIND, Ms. SLAUGHTER, and ceiving payments under such Act from using H.R. 2758: Mr. FRANK of Massachusetts and Ms. BALDWIN. the payments for public communications Mr. FILNER. H.R. 5733: Mr. FOSSELLA, Mr. BERMAN, Mr. which promote or oppose a candidate for H.R. 3049: Mr. PETRI. BISHOP of Georgia, Mr. BISHOP of New York, public office or political party; to the Com- H.R. 3055: Ms. JACKSON-LEE of Texas and and Mr. OWENS. mittee on House Administration. Mr. PAYNE. H.R. 5740: Mr. DENT and Mr. KUHL of New By Mr. RAHALL: York. H.R. 5778. A bill to provide further incen- H.R. 3063: Mr. BROWN of Ohio. H.R. 5758: Mr. BISHOP of Georgia. tives for the commercialization of coal-to- H.R. 3082: Mr. MICHAUD. H.J. Res. 88: Mr. KINGSTON. liquid fuel activities; to the Committee on H.R. 3502: Mr. MCDERMOTT. H.J. Res. 90: Ms. EDDIE BERNICE JOHNSON of Energy and Commerce, and in addition to H.R. 3715: Mr. FRANK of Massachusetts. Texas, Mr. BRADY of Pennsylvania, and Mr. the Committees on Science, and Ways and H.R. 3882: Mr. SANDERS. WU. Means, for a period to be subsequently deter- H.R. 4033: Mr. JACKSON of Illinois, Mr. DOO- H. Con. Res. 346: Mr. HERGER. mined by the Speaker, in each case for con- LITTLE, Mr. BERRY, and Mr. ADERHOLT. H. Con. Res. 416: Mr. SERRANO, Ms. sideration of such provisions as fall within H.R. 4059: Mr. PICKERING. BORDALLO, Mr. MORAN of Virginia, Ms. JACK- the jurisdiction of the committee concerned. H.R. 4215: Mr. GRIJALVA. SON-LEE of Texas, Mr. ENGLISH of Pennsyl- By Mr. UDALL of Colorado: H.R. 4217: Mr. DAVIS of Tennessee and Ms. H.R. 5779. A bill to establish the treatment BEAN. vania, Mr. CROWLEY, Mr. MCGOVERN, and Mr. of actual rental proceeds from leases of land H.R. 4264: Mr. NEY and Ms. BORDALLO. ISRAEL. acquired under an Act providing for loans to H.R. 4542: Mr. BRADLEY of New Hampshire. H. Con. Res. 434: Mr. VAN HOLLEN, Mr. Indian tribes and tribal corporations; to the H.R. 4562: Mr. CARNAHAN, Mr. CANNON, Mr. SAXTON, Mr. PAYNE, Mr. BISHOP of New York, Committee on Resources. PLATTS, Mr. PRICE of North Carolina, Mrs. and Ms. WOOLSEY. By Mr. UDALL of Colorado: SCHMIDT, Mr. BARROW, Mr. WILSON of South H. Res. 295: Mr. KUCINICH, Mr. CASTLE, Mr. H.R. 5780. A bill to amend the Indian Fi- Carolina, Mr. NEY, Mr. HOYER, and Mr. SHU- PAYNE, Mr. BOOZMAN, Mr. ETHERIDGE, and nancing Act of 1974 to provide for sale and STER. Mr. MCGOVERN. assignment of loans and underlying security, H.R. 4597: Mr. PETERSON of Minnesota. H. Res. 490: Mr. CUMMINGS, Mr. CONYERS, and for other purposes; to the Committee on H.R. 4751: Mr. HOEKSTRA. and Mr. MEEKS of New York. Resources. H.R. 4772: Mr. HOLDEN. H. Res. 533: Mr. PRICE of Georgia, Mr. By Mr. YOUNG of Alaska: H.R. 4823: Mr. LIPINSKI, Ms. KAPTUR, Mr. ADERHOLT, Mr. WESTMORELAND, Mr. CAMP- H.R. 5781. A bill to grant rights-of-way for LEACH, Mr. DINGELL, and Mr. SHIMKUS. BELL of California, Mrs. DRAKE, Mr. KIRK, electric transmission lines over certain Na- H.R. 4873: Mr. OBERSTAR. Mr. MCHENRY, Mr. FORBES, Mr. CONAWAY, tive allotments in the State of Alaska; to H.R. 4949: Mr. GOODLATTE. Mr. DAVIS of Kentucky, Mr. DEAL of Georgia, the Committee on Resources. H.R. 4993: Mr. HINOJOSA and Mrs. DAVIS of Mr. FEENEY, Mr. MILLER of Florida, Mr. WIL- By Mr. PAUL: California. SON of South Carolina, Mr. MACK, Mr. MAN- H. Con. Res. 445. Concurrent resolution H.R. 5005: Mr. GREEN of Wisconsin. ZULLO, Mr. TERRY, Mr. MEEK of Florida, Mr. commending the National Aeronautics and H.R. 5013: Mr. REHBERG and Mr. HAYWORTH. HALL, Mr. SIMPSON, Mrs. WILSON of New Mex- Space Administration on the completion of H.R. 5018: Mr. MELANCON. ico, Mr. MCCAUL of Texas, Mr. CARTER, Mr. the Space Shuttle Discovery’s mission; to H.R. 5022: Mr. DICKS, Mr. TIERNEY, Mr. ROGERS of Michigan, Mr. MURPHY, Mr. KING the Committee on Science. SCHWARZ of Michigan, Mr. CUMMINGS, Mr. of Iowa, and Mr. DICKS.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\L12JY7.100 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE July 12, 2006 CONGRESSIONAL RECORD — HOUSE H5129

H. Res. 605: Mr. LAHOOD, Mr. BUYER, Mr. SHADEGG, Mrs. BONO, Mr. BARTON of Texas, H. Res. 852: Mr. GOODE. WALDEN of Oregon, Mr. SHIMKUS, Mr. NOR- Mrs. BLACKBURN, Mr. RADANOVICH, and Mr. H. Res. 863: Mr. RANGEL and Mr. OWENS. WOOD, Mr. BASS, Mr. STEARNS, Mr. UPTON, ENGEL. H. Res. 903: Mr. ENGLISH of Pennsylvania, Mrs. MYRICK, Mr. PITTS, Mr. HALL, Mr. H. Res. 848: Mr. BURTON of Indiana and Mr. Mr. COSTA, Mr. GOHMERT, and Mr. MILLER of TERRY, Mr. SULLIVAN, Mr. MURPHY, Mr. WAXMAN. Florida.

VerDate Aug 31 2005 02:04 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A12JY7.039 H12JYPT1 jcorcoran on PROD1PC62 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, WEDNESDAY, JULY 12, 2006 No. 90 Senate The Senate met at 9:30 a.m. and was Senator from the State of Kansas, to per- RESERVATION OF LEADER TIME called to order by the Honorable SAM form the duties of the Chair. The ACTING PRESIDENT pro tem- BROWNBACK, a Senator from the State TED STEVENS, President pro tempore. pore. Under the previous order, the of Kansas. leadership time is reserved. Mr. BROWNBACK thereupon as- f PRAYER sumed the chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- MORNING BUSINESS fered the following prayer: f The ACTING PRESIDENT pro tem- Let us pray. RECOGNITION OF THE MAJORITY pore. Under the previous order, there Eternal Father, whose compassionate LEADER will be a period for the transaction of morning business for up to 60 minutes, love sustains us, hear our prayer. The ACTING PRESIDENT pro tem- with the first half of the time under Guide our Senators in their labors. pore. The majority leader is recog- the control of the majority leader or Show them the path that leads to ful- nized. filling Your will. In Your love, keep his designee and the second half of the f them faithful. When clouds obscure the time under the control of the Demo- way, let them know the peace of Your SCHEDULE cratic leader or his designee. The Senator from Georgia is recog- presence. Fortify them with Your Mr. FRIST. Mr. President, this morn- nized. might so that they will be instruments ing, we will start with 1 hour of morn- of Your purposes. Give them wisdom to ing business. At approximately 10:40 f make laws that will meet the chal- a.m., we will resume work on the IRAQ AND THE GLOBAL WAR ON lenges of our times. Homeland Security appropriations TERRORISM Lord, teach us all the discipline of measure. Yesterday, we disposed of Mr. CHAMBLISS. Mr. President, I patience so we will learn to wait on seven amendments, and there are two rise this morning to address America’s Your providence. We pray in Your sov- amendments currently pending. Today ongoing efforts in Iraq and the larger ereign Name. Amen. we should have another full day on the war on terrorism. bill with votes occurring throughout f Our Nation continues its steadfast the day. resolve to bring security and pros- PLEDGE OF ALLEGIANCE As I have said previously, we will fin- perity to the Iraqi people, and Presi- ish the bill this week, and, therefore, dent Bush is leading that effort with The Honorable SAM BROWNBACK led we will stay as late as necessary over the help of this Congress and the Amer- the Pledge of Allegiance, as follows: the next couple of days in order to ican people. I pledge allegiance to the Flag of the complete our work on this Homeland Amidst press reports, which are gen- United States of America, and to the Repub- Security bill. I thank Senators for erally not reflective of the most impor- lic for which it stands, one nation under God, their cooperation in working with the indivisible, with liberty and justice for all. tant things going on in Iraq, I want to managers of the Homeland Security review some recent successes that f measure. We are making good progress, highlight the progress we are making. and we want to complete the bill short- BG Kurt Cichowski, Deputy Chief of APPOINTMENT OF ACTING ly. I look forward to finishing the ap- Staff for Strategy, Plans and Assess- PRESIDENT PRO TEMPORE propriations bill, in all likelihood, on ment of the Multi-National Force-Iraq, The PRESIDING OFFICER. The Thursday. recently announced that the Iraqi secu- clerk will please read a communication Mr. President, I suggest the absence rity forces will assume full control of to the Senate from the President pro of a quorum. the southern Muthanna. According to tempore (Mr. STEVENS). The ACTING PRESIDENT pro tem- General Cichowski: The legislative clerk read the fol- pore. The clerk will call the roll. The transfer of security responsibility lowing letter: The legislative clerk proceeded to from U.S. forces to the Iraqi security forces call the roll. clearly demonstrates an Iraqi success and U.S. SENATE, Mr. CHAMBLISS. Mr. President, I signifies a tangible beginning to a new phase PRESIDENT PRO TEMPORE, in the history of this nation. Washington, DC, July 12, 2006. ask unanimous consent that the order To the Senate: for the quorum call be rescinded. Muthanna is the first of Iraq’s 18 Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- provinces to be fully transferred from of the Standing Rules of the Senate, I hereby pore. Without objection, it is so or- coalition to Iraqi security forces con- appoint the Honorable SAM BROWNBACK, a dered. trol. This latest move is a result of

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

S7361

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7362 CONGRESSIONAL RECORD — SENATE July 12, 2006 joint evaluation and collaboration be- casions when he was here, this man is been a single terrorist attack on U.S. tween the provincial governor and the extremely well respected by the Iraqis. soil since September 11. This is due to coalition ground commander and clear- He is the right man in the right place this administration’s policy of taking ly represents another turning point in to help improve America’s image and the fight to the terrorists, denying our efforts in Iraq. to continue the dialogue with the them sanctuary in Afghanistan, Iraq, Further, recent successes in joint Iraqis to make sure that we move that and elsewhere, working closely with raid operations dramatically dem- country forward in a democratic proc- our foreign partners, and strengthening onstrate the real progress we are mak- ess. our Nation’s counterterrorism capabili- ing on the ground against the insur- Some would have us ignore these suc- ties. gents. This past Friday, joint raids cesses or simply never hear of them. The world changed on September 11, were conducted on a building which Some would have us abandon these 2001, demonstrating that it is vitally had been used as a base of operation by noble efforts and those of well over important that the President of the Abu Deraa, a top commander of the 100,000 service members working every United States has the power and au- Shiite militia. The Department of De- day to bring about a peaceful Iraq. But thority to protect the American people fense reported the killing or wounding the cost of doing so is too high, the from future acts of terrorism. Pro- of between 30 and 40 militia gunmen consequences too horrible. We simply grams such as the Terrorist Surveil- and the capture of a high-level militia cannot permit the villainous hand of lance Program or the Terrorist Fi- commander. That same day, Iraqi po- terrorism to strangle America’s resolve nance Tracking Program which, based lice officers captured yet another top and snuff out the coalition and Iraqi on intelligence leads, carefully targets insurgent commander who is believed successes which are bringing hope to terrorist communications or financial to have been involved in smuggling the hopeless and victory to the pre- transactions, are essential tools in the weapons, bankrolling terrorists, and viously subjugated people of Iraq. war on terror. If there are people talk- launching attacks against American Iraq remains absolutely central to ing or communicating with terrorists, troops. This is the kind of progress we the war on terror. On June 7, 2006, plotting against Americans, or sending are making on which, for whatever rea- American and coalition forces dealt a money to help al-Qaida, then we need son, the media chooses not to focus. powerful blow to the terrorists when to know about it. Only yesterday, Iraqi Ambassador they killed the leader of al-Qaida in We know too well that terrorists are Khalilzad, addressing the Center for Iraq, Abu Musab al-Zarqawi. The elimi- able to sneak into a country and hide Strategic and International Relations nation of al-Zarqawi, who had claimed among law-abiding citizens. Too often, here in Washington, spoke with justifi- responsibility for attacks on U.S. citi- we have witnessed the horror they able pride and confidence concerning zens since 2002, is a major victory in cause in places such as Iraq, Tel Aviv, Iraq’s future and its ability to meet the our global war on terrorism as our Madrid, London, and unfortunately, in challenges of governing a previously counterterrorism forces, together with the United States. It is abundantly divided nation. our intelligence community, dem- clear that these types of important Let me quote liberally from some of onstrated our tenacity, our capabili- programs are necessary to address the what the Ambassador said: ties, and our intent to winning this war previous flaws in our early warning Today, Sunni Arabs are full participants in on terror. system that allowed at least two of the the political process, with their representa- While we continue to identify, cap- September 11 murderers to live among tion in the national assembly now propor- ture, and kill terrorists and prevent us. tional to their share of the population . . . them from turning Iraq’s fragile de- These vital programs make it more they have largely come to see the United mocracy into a lawless training ground States as an honest broker in helping Iraq’s likely that terrorists will be identified communities come together around a process from which they can launch attacks and located in time to prevent another and a plan to stabilize the country. against our homeland and against their disaster. He also noted that: own peaceful citizens, we must not for- These efforts and capabilities are get that this is, indeed, a global war on al Qaeda in Iraq has been significantly winning the war on terrorism and weakened during the past year . . . which terrorism. Only yesterday did the keeping Americans safe. Unfortu- has coincided with the inauguration of Iraq’s world witness a tragic terrorist event nately, unauthorized disclosures of first ever government of national unity . . . in the world’s largest democracy, some of these most sensitive investiga- and the recent announcement by Prime Min- India, where seven nearly simultaneous tions and programs are undermining ister Maliki of his government’s National bombings killed more than 100 inno- our abilities and providing vital infor- Reconciliation and Dialogue Project. cent people and injured hundreds more mation to those killers who continu- The Ambassador also reported that: on the Mumbai commuter rail. This ously seek to do us harm. The disclo- [A] chasm has been developing between al heinous act of terrorism is sadly too fa- sure of our intelligence operations Qaeda and those Sunni Arabs in Iraq who miliar. It was just 1 year ago that al- places our personnel, sources, and have been part of the armed opposition. Pre- Qaida perpetrated the synchronized methods at risk. These operations are viously, many Sunni Arab insurgents saw al bombings in London, killing over 50 our first line of national security de- Qaeda’s operations as beneficial for their people and wounding hundreds more. fense. The Government classifies infor- own cause. Now, the Sunni Arabs increas- Terrorists are still seeking to kill ingly understand that the terrorists are not mation regarding our intelligence ac- interested in the future of Iraq and that al Americans with similar attacks on our tivities for a reason. When terrorists Qaeda’s leaders see Iraqis as cannon fodder own soil. Just last week, we learned know how we are tracking them, they in an effort to instigate a war of civiliza- that the FBI, working together with change the way they operate, making tions. More and more, Iraqi Sunni Arab in- their counterparts in Lebanon, ar- it harder to catch them. That makes surgents reject the cynical game. Osama bin rested an individual in a plot to deto- this Nation less safe. Laden’s specific denunciation of Sunni Arab nate explosives in the Holland Tunnel Osama bin Laden was clear in his in- political leaders, such as Vice President in New York City. Earlier this month, tent to continue to wage Jihad against Tareg Hashami, and recently captured docu- the FBI arrested seven suspects of an ments indicate that al Qaeda’s leadership America and peace-loving people knows that they are losing ground as a real-Qaida-inspired group in Miami for worldwide when he said in his recent sult of Iraq’s reconciliation process. They their efforts to wage jihad against videotaped message released on June know that if reconciliation goes further and Americans and for plotting to destroy 30, 2006: begins to hollow out the Sunni Arab armed the Sears Tower in Chicago, IL. Even We will continue to fight you and your al- opposition, it is a mortal threat to their ter- in my home State of Georgia, alleged lies everywhere, in Iraq, Afghanistan, Soma- rorist movement. terrorists, again inspired by al-Qaida’s lia, and Sudan to run down your resources Let me say about Ambassador violent ideology, in collaboration with and kill your men until you return defeated Khalilzad, having been to Iraq on four their counterparts in Canada, Europe, to your Nation. occasions myself, having met with the and South Asia, were planning attacks As bin Laden makes clear, al-Qaida is Ambassador each time I was there, plus in the United States. still seeking to kill Americans and in- having met with him previously when Despite these and other activities to nocent people worldwide, and they are he was in Afghanistan, and on other oc- attack our homeland, there has not spreading their message of hate and

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7363 murder through the media and Inter- up terrorist cells, destroying their fi- Mr. REID. Mr. President, I ask unan- net. But America will not be defeated. nancing, chasing down the money trail, imous consent that the order for the This is a war we cannot and will not and bringing each and every collabo- quorum call be rescinded. lose. We must put an end to the unau- rator to justice. We have to strengthen The PRESIDING OFFICER. Without thorized leaks of sensitive information our weaknesses and we have to root out objection, it is so ordered. that aids our enemies in their plans to whatever vulnerabilities we have. Mr. REID. Mr. President, what is the kill Americans and avoid capture. We That is why the bill that is on the status of morning business, comparing must also continue to improve our floor today, the Homeland Security majority and minority? counterterrorism efforts, finding new bill, is so important. The Homeland Se- The PRESIDING OFFICER. The ways to disrupt enemy planning, elimi- curity spending bill provides over $32 Democratic leader controls 30 minutes. nate terrorists from the battlefield, billion to strengthen our ports, Amer- Mr. REID. That time would begin and strengthen collaboration within ica’s ports, our borders, our transit sys- now? our intelligence, defense, and homeland tems. It provides financial support for The PRESIDING OFFICER. Yes, that security organizations. 100 new rail inspectors and canine is correct. Our intelligence community, the De- teams, enhancing our Nation’s railway partment of Defense, and law enforce- security and ensuring that bombings f ment organizations across this Nation such as those that happened in Mumbai remain vigilant, and we owe our sup- and London aren’t repeated here. A DO-NOTHING CONGRESS port and a debt of gratitude to these It adds 1,000 more Border Patrol Mr. REID. Mr. President, yesterday dedicated men and women who are on agents, investigators, and those deten- was a day where we did not accomplish the front line of the global war on ter- tion officers whom we know are so im- much on the Senate floor. But we ror. We are indeed winning, but as it portant in carrying out those respon- haven’t accomplished much the entire has been pointed out, this is a long sibilities of securing our borders. Cou- congressional session. We have 22 days war. The President is leading that ef- pled with the spring supplemental, we left to do business until the adjourn- fort with the help of this Congress, and will have added over 2,000 new agents ment date announced by the distin- together we are keeping Americans in 1 year. That brings the total to over 14,300 Border Patrol agents. guished majority leader—22 days. We safe. The bill also expands much needed Mr. President, I yield the floor, and I have so much to do and we have done detention space—places to put people suggest the absence of a quorum. so little. The ACTING PRESIDENT Pro Tem- who illegally cross the border while It is not me, the Democratic leader, pore. The clerk will call the roll. justice is being administered—with who is saying this is a do-nothing Con- The legislative clerk proceeded to 1,000 new beds so that we can be sure gress. This is what all the pundits have call the roll. people caught entering this country il- written about. We have wasted time on Mr. FRIST. Mr. President, I ask legally are not released before their a political agenda. unanimous consent that the order for cases are properly prosecuted. Taken What is a political agenda? We have the quorum call be rescinded. with the spring supplemental, we will spent days and days on an estate tax The ACTING PRESIDENT pro tem- have added over 5,000 beds along the repeal that has no bearing on 99.8 per- pore. Without objection, it is so or- border in 1 year, bringing the total cent of all the American people. It af- dered. number to over 25,300 beds. fects less than two-tenths of 1 percent f The bill provides nearly $8.2 billion of all the people in America, but we HOMELAND SECURITY to the Coast Guard to protect the 95,000 have spent days of our time here on the APPROPRIATIONS miles of shoreline border and to inspect Senate floor dealing with this issue. both foreign and domestic ports. It Mr. FRIST. Mr. President, yesterday Flag burning—it doesn’t matter how funds grants so that high-threat, high- you feel about flag burning. Is it the a series of eight explosions struck the density urban areas can strengthen heart of Mumbai, India, during the right thing to do, to take up precious their infrastructures against threat days of the Senate time on flag burn- evening rush-hour commute. At least vulnerabilities. It supports our first re- 180 innocent civilians were killed and ing? In the little town where I was born sponders so that our firefighters, police and I still have my home they are pa- more than 700 were injured in the blast. officers, and paramedics have the On behalf of this Senate and the triotic people. On the Fourth of July, I training they need should disaster American people, I express my heart- was there. The flags were flying in that strike. It provides more than $818 mil- felt condolences to the victims, to little town. But flag burning doesn’t lion to combat weapons of mass de- their families, and to the Indian peo- have direct bearing to their lives. struction through appropriate research ple. We share in your grief and in your The marriage amendment—I believe for biological and chemical counter- determination to hunt down the crimi- in the sanctity of marriage, but is it measures as well as for the Domestic nals who carried out this despicable something we should spend time on Nuclear Detection Office to expand nu- act. We will stand shoulder-to-shoulder with a constitutional amendment? clear research and radiological detec- with the Indian people and the Indian During the time we have been a coun- Government in order to bring the per- tion. try, there have been more than 11,000 We have to use every single tool attempts to amend the Constitution. In petrators of these attacks to justice. available to prevent further attacks on Yesterday’s bombings came less than the last 12 years, we had 1,000 amend- American soil. That is why this bill is a week after the 1-year anniversary of ments to the Constitution filed. One we so important, the Homeland Security the London bombing attacks and less have spent a lot of time on, unneces- spending bill. It ensures that vital pro- than a month after a thwarted ter- sarily, is the marriage amendment. We grams critical to our national security rorist plot against the New York City have spent days of our time here in the have the funding they need to be an ef- subway system was revealed. These Senate on this issue. The people in fective defense. Searchlight, NV, would rather that we cowardly acts remind us again and Yesterday’s bombings in Mumbai dealt with things that are important, again of our responsibility to protect were part of a well-coordinated attack. not flag burning, not gay marriage, not and secure the American homeland. We must pass the Homeland Security As we learned on 9/11, terrorists need the estate tax. With the limited spending bill swiftly to ensure that to get it right just once. They exploit amount of time we have left, we, the similar attacks are not repeated and whatever weaknesses they can find, de- minority, the Democrats, believe we especially are not repeated on Amer- liberately targeting hard-working men have to do some things and do them be- ican soil. and women on their way to work or I yield the floor, and I suggest the ab- fore the August recess—things that af- back from work, schoolchildren on the sence of a quorum. fect people in my little town, Search- way to their daily school activities, va- The PRESIDING OFFICER (Mr. light, NV. cationers on the way to the beach. In ALEXANDER). The clerk will call the Stem cell legislation—it is difficult the face of such threats, we must be roll. to watch, before your eyes, someone ever vigilant. Our pursuit must be de- The legislative clerk proceeded to who deteriorates with Parkinson’s dis- termined. It must be tireless—breaking call the roll. ease. You can see it happen. No matter

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7364 CONGRESSIONAL RECORD — SENATE July 12, 2006 how often they go to the physician, the came up to me and said: It is nice to repeatedly during that 13-month pe- ravages of that disease go forward. How see you. I went to his son’s funeral. He riod? many times does a little child have to was a Navy SEAL. He was killed—21 Mr. REID. I am sorry to reflect on be pricked with a needle before the ma- years old, killed. He cares about the what we have done. We have begged. I jority over here understands that we war and how long it is taking and what don’t beg people for much of anything, have to do something about Parkin- we are accomplishing there. but we have begged. I have been part of son’s disease, juvenile diabetes, adult- Maybe the fifth thing we want to the begging in this body for the major- onset diabetes? We have to do some- deal with here before the August recess ity leader to move this matter forward thing about Lou Gehrig’s disease, Alz- is the Voting Rights Act renewal. because people at home are crying for heimer’s, multiple sclerosis. These dis- Maybe people in Searchlight don’t care hope. That is all they have left when eases have some bearing on what peo- about that as much as they do about they are sick. ple are hoping for—that we will do here stem cell research, college afford- Mr. DURBIN. I ask the minority in the Senate. ability, gas prices, the war in Iraq, but leader: Does this stem cell research I had the opportunity when I was if they really thought about it, the bill, H.R. 810, which passed the House home this past recess to visit Danielle Voting Act’s renewal would be impor- in a bipartisan fashion, enjoy bipar- DeLee, from Searchlight, NV. She is tant. tisan support in the Senate? Does it graduating from high school this year. What people went through to have have cosponsorship on both sides of the The reason I wanted to see this young that law passed. aisle? Is this strictly a Democratic lady is she is going to go to Yale next I just finished reading a wonderful issue? year—a girl from Searchlight. It is the book when I was home entitled Mr. REID. It is not a Democratic first time in the history of that little ‘‘Water’s Edge.’’ To have the Voting issue. We have had people of good will town that someone can go to Yale. Rights Act passed, of course, you had work together on this. We have had That is because she is a brilliant young the leadership of Dr. Martin Luther Democrats with a lot of seniority, Re- lady. They saw when she was a little King, which was as strong a leadership publicans with a lot of seniority, and girl that she had academic talent as you will ever see. But we see his clear down to those with little senior- which that little town couldn’t handle. leadership. But what we tend to forget ity, Democrats and Republicans, want- This young lady, because she is so are the deaths—plural—such as Ms. ing to get this done. smart—do you know what she is going Liuzzio from Detroit, a white woman Mr. DURBIN. I ask the minority to study at Yale? Math. Math. From who came down. She was so concerned leader, in the month of June, when we Searchlight, NV, she is going to go to that she told her husband she wanted wasted 2 weeks on the floor of the Sen- Yale and study math. to come and her children. She came ate on a Constitutional amendment Because of her brilliance, she will be and participated in the Selma march. relative to flag burning, gay marriage, fine. There are scholarships that will When it was all over, she was giving and an effort to provide tax relief for take care of her. But that is not the some people a ride back to Selma from the wealthiest people in America rel- way it is with most people. Most people Montgomery. A Klu Klux person shoots ative to the estate tax, could we have are not as smart as Danielle DeLee, her in the head and kills her. Pastor called up this bill, H.R. 810, if the Re- and they need help. But not with this Reeb, who came from California to par- publican leadership of the Senate had Republican-dominated Congress. They ticipate, walked away from the crowd wanted it? Could it have been brought have taken away, not added to, the and they bashed him in the head. An- to the floor, debated, passed, and sent ability to go to school. Tuition deduct- other Klansman killed him. to the President in that period of time? ibility from parents’ income tax is not These are just two examples of death Mr. REID. Absolutely. We have done available. A child’s ability to go to col- and destruction—not hundreds of peo- everything we could, as I have men- lege should not be dependent on the ple being beaten, dogs sicced on them, tioned, including begging to get this fact that they are a brilliant person but thousands had been beaten. matter before the Senate. like Danielle or on how rich his or her We want to renew this. We are having I mentioned this yesterday, and I will parents are. The rest of us, people like it held up here and held up in the other repeat. me, who are average, should be able to body. The Democrats want these issues I went to church last Sunday. A man go to college if we get some student to go forward, and we want it done be- tapped me on the shoulder. I looked be- loans and work a little bit. But that is fore the August recess. hind me. He was in a wheelchair. I not the way it is. This Republican- The distinguished assistant minority couldn’t understand him at first be- dominated Congress, this do-nothing leader, Senator DURBIN, and I, along cause he doesn’t speak well. He has ad- Congress, is preventing people from with Senator SCHUMER and Senator vanced Parkinson’s disease. As we lis- going to college. STABENOW, signed a letter to Senator tened closely—H.R. 810, could we do In Searchlight, because Las Vegas is FRIST, saying after we finish homeland something to get it passed? 60 miles away and Boulder City is 43 appropriations, let us do the stem cell Mr. DURBIN. When the minority miles away, the one thing everybody in research. That is the least we can do. leader was in Searchlight, NV, during that town is concerned about is gas Mr. DURBIN. Mr. President, would the Fourth of July recess, I was in the prices. Frankly, if you listed in Search- the minority leader yield for a ques- State of Illinois and traveled thousands light what was important to them, tion? of miles—from the city of Chicago, where would flag burning be? Where Mr. REID. I would be happy to. Rockford, southern Illinois, my roots would gay marriage be? Where would Mr. DURBIN. This is the Senate cal- down State, and town after town, not estate tax repeal be? It is not in their endar which is published every day at one place nor at any one time did vocabulary. But how much they pay for that we are in session. This one is from any single person come up to me and a gallon of gas—which, by the way, in Wednesday, July 12. Turn to page 22, say: Let me tell you what I think Nevada is over $3 now. Gas prices in H.R. 810, an act to amend the Public about the flag burning amendment; or the last week have gone up 11 cents a Health Service Act to provide for let me tell you what I think about the gallon. In Reno, they are even higher human embryonic stem cell research. gay marriage amendment; or can you than in Las Vegas. People there care If I am not mistaken, I would like to do something to reduce the estate tax about gas prices. ask the minority leader—the stem cell for wealthiest people in America? They care about what is going on in research bill has been sitting on the Did the Senator from Nevada have a Iraq. Today on the morning news I Senate calendar, as passed by the similar experience? Did he go to a town heard that the Comptroller General of House in a bipartisan way, for more meeting, as I have, and mention stem the United States now says the war is than 1 year, as we meet today. cell research without someone coming costing $3 billion a week. People care Mr. REID. For 131⁄2 months. up to him—if they didn’t volunteer about that war. On the way back to Mr. DURBIN. I ask the minority during a meeting, maybe there is a lit- Searchlight one night last week, I leader: Have the Democrats come for- tle shyness—after the meeting and say: stopped in a restaurant—Evans Grille ward and asked that this bill be sched- My daughter has juvenile diabetes? One in Boulder City—and a young man uled for floor consideration and debate lady told me she wakes her up twice

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7365 during the night to test her blood. An- But no, the answer is we do not have Mr. DURBIN. Mr. President, the pur- other person comes to me and says: My a time yet to debate this legislation. It pose of the two of us coming to the mother is in a nursing home with Alz- is not going to take a lot of time. It floor today is to make it clear that we heimer’s. It has been going on for isn’t a bill that is going to take days want this month of August to be a years. It is a burden on our family. Or and days. We have 12 hours of debate. month of significant transition in the into the congressional district now rep- We could do it all in 1 day. I am willing Senate; to move us from a do-nothing resented by Congressman LANE EVANS, to do it all in 1 day. Senate to actually take up issues that my closest friend in our delegation and Mr. DURBIN. Mr. President, I ask an- people across America care about. a personal hero to me, a man suffering other question of the minority leader. I We wrote a letter to Senator FRIST from Parkinson’s disease who now has would like to do something that is which said schedule stem cell research to withdraw from public life to fight maybe unprecedented in the modern and give us a date certain to let us this battle—aren’t these the real-life history of the Senate. We might even move forward. As the Senator said, let stories of real-life people who are not meet on Monday. How about a Friday? us move forward on this debate on Iraq. reflected in the agenda nor in the pri- How about giving 12 hours of our life on Let us move forward on help paying orities of the Republican-led Senate? a Friday for the millions of Americans college tuition costs, particularly for Mr. REID. Mr. President, the people who are desperate for this medical re- working families. Let’s do something whom we visit in Nevada and Illinois search to bring hope to their families about energy costs and gasoline prices. and other places who have these prob- and their children. It would be unprece- All of these things I think fit into an lems are not Democrats only. They are dented, would it not—I ask the minor- agenda that is timely and important Republicans. They are Independents. ity leader from Nevada—for us to actu- for the American people. They want this Senate to do something ally say: All right. This is so important I ask the Senator from Nevada the to help us. that we will take 12 hours on a Friday following question: Did he notice this That is why I am so disappointed or 12 hours on a Saturday. How about morning on the front page of the Wash- that we have been literally wasting our that? The Senate would actually meet ington Post that the chief of police in time on issues that have no relevance. for 12 hours straight on Saturday and the District of Columbia noted that Remember the months and months send this bill to the President, if we since July 1 there have been 13 murders we spent on that fictitious issue that could muster the 60 votes on a bipar- in our capital city? And in that period of time, 12 days, 13 murders have cre- we should not have dealt with about tisan basis. I can’t speak for our cau- ated such a stir and concern that he uprooting the foundation of our coun- cus, but I am prepared to stay. Pick has declared it is a time of criminal try, to change the quality of the Sen- the day. Let us take the 12 hours, let us emergency in the Nation’s capital be- ate, to make it a unicameral legisla- meet at 9 o’clock in the morning and ture—so-called nuclear option—because of the murder rate. stay until 9 o’clock at night and get it I ask the Senator from Nevada if he cause they didn’t get all the judges finished. is aware of the fact that in the last 3 they wanted. They were willing to Would the leader from Nevada be- days in the capital of Iraq, in Baghdad, throw this Senate into something it lieve that to be a radical suggestion? 100 people have been murdered in 3 had never been before. We spent all of Mr. REID. The Senator from Illinois days? Is he aware of the fact that just that time, when we could have been and I came to Washington together. We a few months ago, former Iraq Prime doing stem cell research legislation; we were so proud. In 1982, we finally made Minister Ayad Allawi said: If this is could have been doing something about it to Washington, DC. not civil war, then God knows what is. The Senator mentioned LANE EVANS. gas prices and the other things we have I ask the Senator from Nevada, are He was with us. It was a big class. In spoken about. we going to see the end of the Senate Mr. DURBIN. Mr. President, let me the House of Representatives in those debate on Iraq come down to cut-and- days, with Tip O’Neill and Jim Wright, ask the minority leader one last ques- run versus stay-the-course? Is that as we worked nights, Fridays, Mondays, tion about stem cell research. Before good as it gets in the Senate, the most Saturdays in the House of Representa- we adjourned, Senator FRIST, the Re- deliberative body in our Government? tives. Now basically they have a 2-day publican leader, came to the floor and Is that the end of the conversation on propounded a unanimous consent re- workweek. In the Senate, we work 3 Iraq for this year as far as our agenda quest to bring up this bill, H.R. 810, and days. I realize we have just a few days is concerned? two other bills related to the issues. left before the August recess. The Mr. REID. Mr. President, I certainly We agreed on a bipartisan basis. House, in fact, is adjourning about a hope not. This is an intractable war. I ask my friend and colleague from week before we do. They have 2 more We have seen the valor of our fighting the State of Nevada, has the Repub- weeks. We have 3 more weeks after this forces. We have the finest military in lican leader set this matter—this unan- week. But it so good for the country if the history of the world. They have imous consent request for the stem cell we could do something about stem cell shown that in Iraq, fighting in situa- research—to come before the Senate? research and finish that. If we could tions that have never been fought in Has he set it for the Senate calendar? get the Voting Rights Act before us before, not in the deserts of Iraq but in Do we know if or when this is going to and have a real debate on what is going the cities, the slums, where snipers be called? on in Iraq, we might be able to get that exist, where bombs are. Mr. REID. Let me recount, briefly, done with the Defense appropriations We need to have the President do the ups and downs—mostly downs—of bill. We know the law of the land now. what we tried to do when we offered an this legislation. I can remember The law, as we speak, is that the year amendment on the Defense authoriza- months ago when my friend, Dr. BILL of 2006 will be a year of significant tion bill to say that the year 2006 is a FRIST, majority header of the Senate, transition in Iraq. Everyone in Amer- year of significant transition, that is stood right there and stunned me and ica knows about that, except the Presi- the law of the land. Let’s start rede- most of America by saying: I support dent. He is staying the course. We are ploying our troops by the end of the H.R. 810, stem cell research. That made spending $3 billion a week now. year. We need to do that. me feel so good. I thought that we were I hope we can take a look at gas I say to my friend, changing the sub- going to see the end, we are going to prices. ject a little bit because we all need see the light at the end of the tunnel. The Senator is absolutely right. We good news, here is some good news: I But I am sorry to say nothing has hap- need to roll up our sleeves and get this indicated that Dr. BILL FRIST stepped pened since then. work done. I don’t want to be a part of forward when he said he would support We finally got a unanimous consent a do-nothing Congress. But I have to stem cell research. It was a big day for request before we had the Fourth of say to my friend that at this stage this our country, to have a prominent July recess. As the leader said, he is a do-nothing Congress. Harry Tru- transplant surgeon, someone who is would bring it up. And I understand he man, who invented the term, as far as imminently qualified in the medical told the press on Monday he would be I know, is looking down from some- field. Now his legislative valor on this willing to do it sometime this work pe- place and saying: Look, you got me issue, even though it is not as quick as riod. I hope that is the case. beat. I would like, has come to the forefront.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7366 CONGRESSIONAL RECORD — SENATE July 12, 2006 I just received a press release from in moving toward more opportunity amount, embryonic stem cell research, the leader’s office, majority leader and striking down discrimination when the fact is, where the private money is BILL FRIST’s office. This is something it came to voting in elections in Amer- going—it is not going to embryonic we need to celebrate. This is from Sen- ica? stem cell research, it is going to other ator BILL FRIST: Mr. REID. The Senator from Illinois pluripotent stem cell research that The Senate will take up the three stem cell and I served in the House with Jack doesn’t have anything to do with em- bills on Monday, July 17, and will complete Kemp. Jack Kemp was an all-star: a bryos. all action by Tuesday, July 18. There’s tre- great quarterback in college, a great This debate, as a physician and as a mendous promise in stem cell research . . . quarterback in the professional ranks, scientist, concerns me because it is not That is really good news. I com- and a very good Member of Congress. based on facts or on truth. For us to pliment and applaud the majority lead- He speaks the truth. continue to belie the fact of what the er for allowing next week to go to stem The Republicans need to get on the science is showing us today creates a cell research. To those people watching right side of history. Holding this up is false impression based on politics and in America, it is good news. These peo- not good for them. It is not good for false hope. There is great hope for people who have been hopeful—like the our country. ple with diabetes, there is great hope man who tapped me on the shoulder in Mr. DURBIN. I say to the Senator for people who have neurologic injury, church—we are going to do everything from Nevada in closing, there are Mem- but it is not coming from embryonic we can to get the 60 votes necessary to bers in the Senate, and we are moving stem cell research; it is coming from get this sent to the President’s desk. to the Homeland Security bill. That is pluripotent stem cell research outside Mr. DURBIN. If the Senator from Ne- a timely bill. I am glad we are consid- of that. During the debate next week, I vada will yield, I address the comment ering it. plan on making that point. I am going and question to him. At another time, we will address the to counter every point that belies Despite the fact we have been push- issue of increased cost of college edu- science and does not recognize the true ing for a year, even speaking to this cation for working families and the facts out there today. issue in the Senate today, sending a failure of the Republican leadership to The final comment I will make is letter to Senator FRIST tomorrow, I schedule opportunities for tax deduc- that the Voting Rights Act does not ex- thank him and congratulate Senator tions and reductions in student loan pire for a year and a half. We ought to FRIST. This is a bipartisan bill. It is costs for these students. get it right. We ought to make sure ev- critically important to our Nation to Of course, the energy issue is the eryone is protected in this country in move forward on stem cell medical re- issue I ran into all across Illinois. We terms of the right to access. To say we search. have seen a doubling of gasoline prices have to do that right now, even though When President Bush closed down under the Bush administration, there we are probably going to do it, to claim this promising area of medical research is a severe hardship on families and that we do not want to do it is a false almost 5 years ago, we left a void in businesses, and still we have no energy claim. No. 2, we have plenty of time to terms of opportunity for finding cures policy to address this issue from this do it even if we do not get it done this for critical diseases. Republican-dominated Congress. year. Those are important things for It has never been a partisan issue. The PRESIDING OFFICER. The Sen- the American public to know and be Former First Lady Nancy Reagan has ator from Oklahoma is recognized. aware of. No one in this Senate thinks pushed for stem cell research. Senator f we should not reauthorize the Voting ORRIN HATCH, Senator ARLEN SPEC- Rights Act. But we ought to do it in a TER—there have been so many who STEM CELLS AND THE VOTING RIGHTS ACT way that represents the principles on have stepped forward asking for stem which this country is founded and not cell research. In the spirit of this an- Mr. COBURN. Mr. President, I make the politics of the next election. nouncement from Senator FRIST, I a couple of points based on what we I yield the floor. hope we can move forward in a bipar- just heard. f tisan fashion, pass the key bill, H.R. The first has to do with stem cells. 810, by July 18, and send it to President As the Presiding Officer knows, I am a RESERVATION OF LEADER TIME Bush. I hope he will reconsider his practicing physician. I am still deliv- The PRESIDING OFFICER. Under promised veto of this bill. ering babies on weekends and our the previous order, the leadership time I ask, if I might, of the Senator from breaks. I am concerned in our country is reserved. Nevada, when it comes to the Voting because we are letting emotional issues f Rights Act, another issue which the far override what the science today CONCLUSION OF MORNING Senator raised, the Senator and I are says on stem cells. BUSINESS from a common generation that recalls We have a lot of people who have sig- the civil rights struggle we lived nificant diseases who have been con- The PRESIDING OFFICER. Morning through as we went through school and vinced that the only way those diseases business is now closed. watched it unfold in America. The Vot- will ever be solved is to use embryonic f ing Rights Act was passed to protect stem cells. The dishonesty in the de- DEPARTMENT OF HOMELAND SE- the rights of minorities to vote across bate is concerning to me as a physician CURITY APPROPRIATIONS ACT, the United States. because the real breakthroughs have 2007 I ask the Senator from Nevada not been with embryonic stem cells. whether he is aware of a comment There are now 70 treatments being The PRESIDING OFFICER. Under made by Jack Kemp, the former Repub- utilized every day in this country from the previous order, the Senate will re- lican Vice Presidential nominee, a stem cells derived from core blood and sume consideration of H.R. 5441, which former Republican Member of Con- adult blood stem cells. There also is the clerk will report. gress, when speaking of the House Re- wonderful new research in the last year The assistant legislative clerk read publicans’ efforts to stop reauthoriza- that says you can gain exactly the as follows: tion of the Voting Rights Act—this has same pluripotent—a cell that will do A bill (H.R. 5441) making appropriations been occurring over the last few anything—from germ cells, from al- for the Department of Homeland Security for the fiscal year ending September 30, 2007, and weeks—that former Vice Presidential tered nuclear transfer, from three dif- for other purposes. nominee Jack Kemp said that his Re- ferent mechanisms to get the exact publican Party had better get this same ability to cure diseases and never Pending: thing passed; we need to get back on destroy the first embryo. Feinstein amendment No. 4556, to amend We do not hear that in the debate. chapter 27 of title 18, United States Code, to the right side of history. prohibit the unauthorized construction, fi- I ask the Senator from Nevada, has We do not hear the truth of what the nancing, or, with reckless disregard, permit- this not been a bipartisan issue, the science is showing us, and we do not ting the construction or use on one’s land, of Voting Rights Act, where both parties recognize that even though the Federal a tunnel or subterranean passageway be- tried to be on the right side of history Government is funding, in a limited tween the United States and another country

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7367 and to direct the United States Sentencing border security. A 2001 study by the United companied by such information as the Sec- Commission to modify the sentencing guide- States-Mexico Border Counties Coalition retary may reasonably require. lines to account for such prohibition. found that law enforcement and criminal (2) CONTENTS.—Each application submitted Cornyn amendment No. 4577 (to amend- justice expenses associated with illegal im- pursuant to paragraph (1) shall— ment No. 4556), to provide for immigration migration exceed $89,000,000 annually for the (A) describe the activities for which assist- injunction reform. Southwest border counties. ance under this section is sought; and Mr. GREGG. Mr. President, there was (5) In August 2005, the States of New Mex- (B) provide such additional assurances as an understanding that the Senator ico and Arizona declared states of emergency the Secretary determines to be essential to from New Mexico would offer the first in order to provide local law enforcement ensure compliance with the requirements of immediate assistance in addressing criminal this section. amendment this morning, and then we activity along the Southwest border. (d) DEFINITIONS.—For the purposes of this can go to the Senator from Oklahoma. (6) While the Federal Government provides section: He has five amendments. States and localities assistance in covering (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— How much time will that take to costs related to the detention of certain The term ‘‘eligible law enforcement agency’’ offer? criminal aliens and the prosecution of Fed- means a tribal, State, or local law enforce- Mr. COBURN. I will get through eral drug cases, local law enforcement along ment agency— them fairly quickly. the border are provided no assistance in cov- (A) located in a county no more than 100 Mr. GREGG. We presume that after ering such expenses and must use their lim- miles from a United States border with— the Senator from New Mexico proceeds, ited resources to combat drug trafficking, (i) Canada; or (ii) Mexico; or we will go to the Senator from Okla- human smuggling, kidnappings, the destruction of private property, and other border-re- (B) located in a county more than 100 miles homa for his five amendments. If other lated crimes. from any such border, but where such county Members have amendments they wish (7) The United States shares 5,525 miles of has been certified by the Secretary as a High to offer, we would like to have them border with Canada and 1,989 miles with Impact Area. bring them to the floor. Mexico. Many of the local law enforcement (2) HIGH IMPACT AREA.—The term ‘‘High The PRESIDING OFFICER. The Sen- agencies located along the border are small, Impact Area’’ means any county designated ator from New Mexico is recognized. rural departments charged with patrolling by the Secretary as such, taking into consideration— AMENDMENT NO. 4591 large areas of land. Counties along the (A) whether local law enforcement agen- Mr. BINGAMAN. Mr. President, I Southwest United States-Mexico border are some of the poorest in the country and lack cies in that county have the resources to thank my colleagues for their cour- the financial resources to cover the addi- protect the lives, property, safety, or welfare tesy. I call up amendment No. 4591 and tional costs associated with illegal immigra- of the residents of that county; ask for its immediate consideration. tion, drug trafficking, and other border-re- (B) the relationship between any lack of The PRESIDING OFFICER. The lated crimes. security along the United States border and pending amendment is laid aside. (8) Federal assistance is required to help the rise, if any, of criminal activity in that The clerk will report. local law enforcement operating along the county; and The assistant legislative clerk read border address the unique challenges that (C) any other unique challenges that local as follows: arise as a result of their proximity to an law enforcement face due to a lack of secu- international border and the lack of overall rity along the United States border. The Senator from New Mexico [Mr. BINGA- border security in the region (3) SECRETARY.—The term ‘‘Secretary’’ MAN], for himself, Mr. DOMENICI, Mr. CORNYN, means the Secretary of the Department of and Mrs. HUTCHISON, proposes an amendment SEC. 603. BORDER RELIEF GRANT PROGRAM. Homeland Security. numbered 4591. (a) GRANTS AUTHORIZED.— (1) IN GENERAL.—The Secretary is author- (e) AUTHORIZATION OF APPROPRIATIONS.— Mr. BINGAMAN. Mr. President, I ask ized to award grants, subject to the avail- (1) IN GENERAL.—There are authorized to be unanimous consent that the reading of ability of appropriations, to an eligible law appropriated $50,000,000 for each of fiscal the amendment be dispensed with. enforcement agency to provide assistance to years 2007 through 2011 to carry out the pro- The PRESIDING OFFICER. Without such agency to address— visions of this section. objection, it is so ordered. (A) criminal activity that occurs in the ju- (2) DIVISION OF AUTHORIZED FUNDS.—Of the The amendment is as follows: risdiction of such agency by virtue of such amounts authorized under paragraph (1)— (A) 2⁄3 shall be set aside for eligible law en- (Purpose: To provide financial aid to local agency’s proximity to the United States border; and forcement agencies located in the 6 States law enforcement officials along the Na- with the largest number of undocumented tion’s borders, and for other purposes) (B) the impact of any lack of security along the United States border. alien apprehensions; and On page 127, between lines 2 and 3, insert 1 URATION.—Grants may be awarded (B) ⁄3 shall be set aside for areas des- the following: (2) D under this subsection during fiscal years 2007 ignated as a High Impact Area under sub- TITLE VI—BORDER LAW ENFORCEMENT through 2011. section (d). (f) SUPPLEMENT NOT SUPPLANT.—Amounts RELIEF ACT (3) COMPETITIVE BASIS.—The Secretary SEC. 601. SHORT TITLE. shall award grants under this subsection on appropriated for grants under this section This title may be cited as the ‘‘Border Law a competitive basis, except that the Sec- shall be used to supplement and not supplant Enforcement Relief Act of 2006’’ retary shall give priority to applications other State and local public funds obligated for the purposes provided under this title. SEC. 602. FINDINGS. from any eligible law enforcement agency Congress finds the following: serving a community— SEC. 604. ENFORCEMENT OF FEDERAL IMMIGRA- (1) It is the obligation of the Federal Gov- (A) with a population of less than 50,000; TION LAW. ernment of the United States to adequately and Nothing in this title shall be construed to secure the Nation’s borders and prevent the (B) located no more than 100 miles from a authorize State or local law enforcement flow of undocumented persons and illegal United States border with— agencies or their officers to exercise Federal drugs into the United States. (i) Canada; or immigration law enforcement authority. (2) Despite the fact that the United States (ii) Mexico. Mr. BINGAMAN. Mr. President, this Border Patrol apprehends over 1,000,000 peo- (b) USE OF FUNDS.—Grants awarded pursu- amendment is the Border Law Enforce- ple each year trying to illegally enter the ant to subsection (a) may only be used to ment Relief Act which I have intro- United States, according to the Congres- provide additional resources for an eligible duced before, along with Senators sional Research Service, the net growth in law enforcement agency to address criminal DOMENICI, CORNYN, and HUTCHISON. I the number of unauthorized aliens has in- activity occurring along any such border, increased by approximately 500,000 each year. cluding— offer this amendment on behalf of all The Southwest border accounts for approxi- (1) to obtain equipment; of us again. It provides local law en- mately 94 percent of all migrant apprehen- (2) to hire additional personnel; forcement agencies in border commu- sions each year. Currently, there are an esti- (3) to upgrade and maintain law enforce- nities with much-needed assistance in mated 11,000,000 unauthorized aliens in the ment technology; combatting border-related criminal ac- United States. (4) to cover operational costs, including tivity. (3) The border region is also a major cor- overtime and transportation costs; and During the debate on the immigra- ridor for the shipment of drugs. According to (5) such other resources as are available to tion bill, this same legislation was pro- the El Paso Intelligence Center, 65 percent of assist that agency. posed and agreed to by the Senate with the narcotics that are sold in the markets of (c) APPLICATION.— the United States enter the country through (1) IN GENERAL.—Each eligible law enforce- a vote of 84 in favor and 6 against. the Southwest Border. ment agency seeking a grant under this sec- For far too long, law enforcement (4) Border communities continue to incur tion shall submit an application to the Sec- agencies that operate along the border significant costs due to the lack of adequate retary at such time, in such manner, and ac- have had to incur significant costs due

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7368 CONGRESSIONAL RECORD — SENATE July 12, 2006 to the inability of the Federal Govern- The PRESIDING OFFICER. The Sen- tions bill that is approved by both ment to secure our Nation’s borders. It ator from Oklahoma is recognized. Chambers. The American people ought is time the Federal Government recog- Mr. COBURN. Mr. President, I ask to get to see that, and we ought to be nize that border communities should unanimous consent that the pending able to know, as Senators, what is in not have to bear that burden alone. amendment be set aside. the bill. Specifically, the amendment estab- Mr. BINGAMAN. Mr. President, I ob- This amendment is for transparency. lishes a competitive grant program ject for just a minute. My under- It adds to the debate, and it provides within the Department of Homeland standing is we were going to dispose of the American taxpayers an additional Security to help local law enforcement my amendment before we— safeguard that their money is not agencies that are situated along the Mr. COBURN. Mr. President, I with- wasted on unnecessary projects that borders cover some of the costs they draw my request. might jeopardize the Nation’s fiscal incur as a result of dealing with illegal The PRESIDING OFFICER. The Sen- health or lessen the impact of the immigration, drug trafficking, stolen ator from New Hampshire. Homeland Security bill. vehicles, and other border-related Mr. GREGG. Mr. President, I apolo- The first time I offered this amend- crimes. gize. ment, it was defeated. The second time The amendment authorizes $50 mil- Mr. President, I ask unanimous con- I offered it, last year, we won it, and lion a year and enables law enforce- sent that the Senator’s amendment be the third time we won it on separate ment within 100 miles of the border to agreed to. appropriations bills. Thereafter, it was hire additional personnel, to obtain The PRESIDING OFFICER. Is there agreed to. That is all good and fine. necessary equipment, and to cover the objection? But after it was done on every appro- cost of overtime and transportation Without objection, it is so ordered. priations bill, it was dropped in con- costs. Law enforcement outside of this The amendment is agreed to. ference, saying: We don’t need to know geographic limit, this 100-mile limit, The amendment (No. 4591) was agreed what we are voting on. We don’t need would be eligible if the Secretary of to. to have the information that we are Homeland Security certified they were The PRESIDING OFFICER. The Sen- having. The American people shouldn’t located in what we designate as a ator from Oklahoma. know what we are voting on, and we ‘‘high impact area.’’ AMENDMENT NO. 4562 shouldn’t know what we are voting on. The United States shares 5,525 miles I believe this is something that we Mr. COBURN. Mr. President, if there of border with Canada and 1,989 miles ought to put into every appropriations is a pending amendment, I ask unani- of border with Mexico. Many of the bill. We ought to know what we are mous consent it be set aside, and I call local law enforcement agencies that voting on. We ought to know who is re- up amendment No. 4562. are located along the border are small. sponsible for what is in there. And we The PRESIDING OFFICER. Without They are rural departments charged ought to be able to go home and defend objection, it is so ordered. The clerk with patrolling large areas of land with it or object to it here on the floor. But will report. few officers and with very limited re- nobody can make a case for us not The assistant legislative clerk read sources. According to a 2001 study of knowing what is in the bill. the U.S.-Mexico Border Counties Coali- as follows: So my hope would be that the se- tion, criminal justice costs associated The Senator from Oklahoma [Mr. COBURN] crecy of the appropriations process or with illegal immigration exceed $89 proposes an amendment numbered 4562. the sleight of hand in how things are million every year. Counties along the Mr. COBURN. Mr. President, I ask written, so nobody can know where it southwest border are some of the poor- unanimous consent that reading of the is going or who put it there, would be est in the country and are not in a good amendment be dispensed with. eliminated. All this is is a sunshine position to cover these additional The PRESIDING OFFICER. Without amendment saying: We ought to know. costs. objection, it is so ordered. My hope is we will accept this amend- The States of Arizona and New Mex- The amendment is as follows: ment, one, and then we will keep it in ico have declared states of emergency (Purpose: To require that any limitation, di- in conference so that when a con- in order to provide local law enforce- rective, or earmarking contained in either ference bill comes back out, we can ment with immediate assistance in ad- the House of Representatives or Senate re- know what the House did on earmarks dressing criminal activity along the port accompanying this bill be included in and directives, as well as knowing what border. It is time, in my view, that the the conference report or joint statement accompanying the bill in order to be con- we did. Federal Government step up and share sidered as having been approved by both I think it is a commonsense amend- some of that burden. So I urge my col- Houses of Congress) ment. My hope would be the chairman leagues to support this important At the appropriate place, insert the fol- and ranking member of this committee measure and to give law enforcement lowing: would accept this amendment. the resources they need to meet these SEC. ll. Any limitation, directive, or ear- The PRESIDING OFFICER. The Sen- challenges. marking contained in either the House of ator from New Hampshire. Mr. President, I met last week with Representatives or Senate report accom- Mr. GREGG. Mr. President, I appre- sheriffs and local police chiefs in companying H.R. 5441 shall also be included in ciate the efforts of the Senator from munities along the southern New Mex- the conference report or joint statement ac- Oklahoma in the area of making sure ico border with Mexico and talked to companying H.R. 5441 in order to be consid- the taxpayers know where their money them about the challenges they face ered as having been approved by both Houses is being spent. I think it has been con- and the need for additional personnel, of Congress. structive, and I will be happy to accept the need for modern equipment. Clear- Mr. COBURN. Mr. President, this is the amendment. But I do believe that ly, they are faced with a very signifi- an amendment we have had several at least relative to this appropriations cant challenge because of the increased times on appropriations bills. It is bill there ought to be some recognition illegal activity going on along our about sunshine, pure and simple. What of the fact that this is probably the U.S.-Mexico border. The assistance pro- most Americans do not realize is that cleanest bill brought to the Senate in vided in this amendment is assistance when conference reports come on ap- the history of the Senate relative to that would be very important to them propriations bills, there are things that what would be deemed earmarks in the in carrying out their responsibilities to are added in the House that we in the pejorative sense. the citizens of those communities. Senate do not have any idea of what I am not one of these people who sub- So I urge my colleagues again to sup- they are. They are not printed except scribes to the view that the Congress port this amendment. I am informed in the report language. When we vote should not earmark. I happen to be- this is an amendment the chairman has on the bill, we have no awareness what- lieve there are a lot of instances where indicated might be acceptable. I am soever of what those things are. the congressional prerogative of spend- hoping we can have a vote, but I will at This is a fairly simple amendment ing the money requires that we do ear- this point yield the floor until my col- that just ensures that every earmark mark in order to make the case against league who is managing the bill can re- or directive must be included in the the executive branch, which can ear- spond to the amendment. final Homeland Security appropria- mark unilaterally, and basically in

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7369 true secrecy, by simply spending the The PRESIDING OFFICER. The (Purpose: To require that reports required in money however they want to spend it amendment is pending. the bill to be submitted to the Committees once we give it to them. Often their di- Mr. GREGG. Mr. President, I ask on Appropriations and the Department of rection is incorrect, and the purpose of unanimous consent it be agreed to. Homeland Security’s annual justifications the Congress should be to redirect it. Mr. COBURN. Mr. President, reserv- of the President’s budget request shall be posted on the Department of Homeland Se- Now, there are other earmarks, par- ing the right to object for one moment, curity’s public website not later than 48 ticularly like the famous ‘‘bridge to I want to make a point. The example hours after such submission unless infor- nowhere,’’ and other things, that may used of the Senator from West Virginia mation in the report compromises national and do have serious issues. I would is exactly the way it ought to be done. security) take the entire highway bill that It is out in the open. There is direction. At the appropriate place, insert the fol- passed the Senate—of which I was one His name is tied to an amendment. And lowing: of four people who voted against it, everybody in America who is watching SEC. ll. Any reports required in this Act which had $24 billion of earmarks—as this place knows who is doing what and accompanying reports to be submitted to the Committees on Appropriations and the most egregious example of when they are doing. Congress got carried away with direct- the Department of Homeland Security’s an- This amendment is to make sure that nual justifications of the President’s budget ing money inappropriately. happens. The point is not what we are request shall be posted on the Department of But there is a purpose for earmarks. doing. This amendment is as to what Homeland Security’s public website not later And this bill is a classic example of the House is doing. And I would con- than 48 hours after such submission unless that, quite honestly. The amendment, firm with the Senator, the chairman, information in the report compromises na- for example, that was offered yesterday that this is a great bill in terms of ear- tional security. by the Senator from West Virginia marks. There are very few in it. We Mr. COBURN. Mr. President, this re- could be deemed an earmark amend- study every bill to see where it is and quires public disclosure of all reports ment, I suppose, because he said spe- what the direction is. My hope is that delivered to the Appropriations Com- cifically: Coast Guard, you shall pur- an example will be set. There are a cou- mittee, including the President’s jus- chase this plane; Customs, you shall re- ple of earmarks, directives in this bill tification on his budget, with the ex- furbish this plane. You shall buy arma- we will be talking about in amend- ception of national security issues by ment for these Coast Guard heli- ments, but I will tell the Senator that the Department of Homeland Security, copters—all of which benefited some I agree and I appreciate the fact that so that everybody can see what the re- district in this country. And some we are seeing a little bit of a change in quest is, what the justification for the Member of the Senate benefited from culture in that regard. request is, and what the reports are. that by putting out a press release, I My hope would be, also—I might ask Unfortunately, in this bill, there is a suspect, that we just bought an air- the Senator—if he would agree to hold section that requires the opposite. plane for the Coast Guard, and it is this in conference so we can see what There is a directive that says they are going to be produced in someplace or the House does when we come to the not to release it to the American pub- other. lic, that they are only to release it to But the reason we had to do that was conference report. With that, I withdraw my objection. the Appropriations Committee. A little because the administration had not The PRESIDING OFFICER. The Sen- bit of experience: This year, when the sent up the necessary capital improve- ator from New Hampshire. President’s budget request came up, ments to make sure the Coast Guard Mr. GREGG. Mr. President, I renew and the justifications for it, as a U.S. had the aircraft, to make sure they had my unanimous consent request. Senator it was unavailable to me. It the armament on their helicopters, to The PRESIDING OFFICER. Without was unavailable to my staff. It was un- make sure the helicopters were re- objection, the amendment is agreed to. available to any staff except Appro- placed, to make sure the vehicles were The amendment (No. 4562) was agreed priations staff. They do a good job. But replaced because, for whatever reason, to. as to the justifications for the request, the Department of Homeland Security Mr. GREGG. In response to the Sen- just like the Senator from New Hamp- had not determined that those were ator’s request that I hold this in con- shire said—we have the right of the priorities. We think they are priorities. ference, I have no problem in trying to purse strings. The House and the Sen- In this bill there are no, what you hold this in conference. As the Senator ate have the right to say where the would call, district earmarks to speak knows, the House has a different ap- money goes. If we cannot have the jus- of. There are a few probably in there proach to some of these issues. But I tifications for why the President’s somewhere, but nothing of any signifi- think this is a very reasonable request. budget is so numbered and divided, cance compared to what the average then we will not have the ability to de- bill that comes through this place has. People should tie their names to what they are willing to spend taxpayer dol- fend that—and that is those people out- I do believe when we do our job right— side of the Appropriations Committee. which is the way I think this bill was lars on. It should be public, as the Sen- ator said. That is the way we should do In the committee report is this sen- done—when we do not use earmarks for tence: the purposes of basically addressing an it. I am perfectly happy to support that aggressively. The committee is deeply disappointed in individual need that is maybe not with- the actions taken by the Department to in the context of the basic goal of the Mr. COBURN. I appreciate that. The PRESIDING OFFICER. The Sen- combine the reporting requirements of this agency—although many things are committee with other reports and then re- ator from Oklahoma. that are deemed earmarks, that we leasing the results of those reports publicly rather use the earmark structure as a AMENDMENT NO. 4561 prior to submission to the committee. Re- way of getting agencies to do what has Mr. COBURN. Mr. President, I ask ports to the committee are not expected to to be done in order to complete their unanimous consent that the pending be turned into publicity events again in the missions appropriately—that we should amendment be set aside and that future. get credit for that. amendment No. 4561 be called up. Well, whose business is this? It is the This bill should be acknowledged as a The PRESIDING OFFICER. Without American people’s business; it is not bill that is a pretty good example of objection, it is so ordered. The clerk just the Appropriations Committee’s how this should be done right. So I ap- will report. business. And it is the other Senators’ preciate the vigilance of the Senator The assistant legislative clerk read business. And it is the other Congress- from Oklahoma. He has become the as follows: men’s business. It is not just one com- watchdog of earmarks. And he is doing The Senator from Oklahoma [Mr. COBURN] mittee’s business. They have the au- the Lord’s work in many ways. I am proposes an amendment numbered 4561. thority and the obligation to bring it perfectly happy to have sunshine on Mr. COBURN. Mr. President, I ask to the floor, but the knowledge of what this bill because I think this bill is a unanimous consent that reading of the the President requests and the knowl- classic example of the way it should be amendment be dispensed with. edge of the reports required by bills done. The PRESIDING OFFICER. Without that we all vote on coming back to the So has the amendment been reported, objection, it is so ordered. Congress should be shared with the Mr. President? The amendment is as follows: American people.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7370 CONGRESSIONAL RECORD — SENATE July 12, 2006 All this amendment says is that 48 ports requested is limited or at least Transportation, and the Department of hours after they report it to the com- their efforts have not been stellar. In Homeland Security. The Coast Guard mittee—and they should get it first; I any event, it is a reasonable request. I requested to terminate this program. adamantly agree they should see those ask unanimous consent that the There is no longer a need for the Coast reports first, since they are the ones amendment be agreed to. Guard for either primary or secondary. who asked for them—it becomes on line The PRESIDING OFFICER. Without If GPS fails, there are other systems and available to the rest of the Sen- objection, the amendment is agreed to. that back it up besides LORAN. And it ators, the rest of the Congressmen, The amendment (No. 4561) was agreed is not needed for the Department of and, beyond that, the rest of the Amer- to. Transportation. The Department of De- ican people. AMENDMENT NO. 4585 fense said they don’t need it. The De- Why should they not see the Presi- Mr. COBURN. Mr. President, I ask partment of Homeland Security, the Coast Guard, and the FAA said they do dent’s budgetary request? unanimous consent that the pending not need it. In this bill, it calls for DHS As a matter of fact, Josh Bolton, be- amendment be set aside and amend- and DOT to submit a report to the Sen- fore becoming Chief of Staff for the ment No. 4585 be called up. ate Appropriations Committee that re- President, was head of the OMB, and he The PRESIDING OFFICER. Without quires them to come up with excuses to agreed last year that this year they objection, it is so ordered. The clerk continue the LORAN operation. Here is would put that all on line at the time will report. they give it to the Appropriations the report. The assistant legislative clerk read I would like to submit for the Committee. This is simply another as follows: sunshine amendment. RECORD the report and also the state- The Senator from Oklahoma [Mr. COBURN] ment of administration policy on this. Mr. DURBIN. Will the Senator yield proposes an amendment numbered 4585. for a question? The administration objects to this Mr. COBURN. I am happy to. Mr. COBURN. I ask unanimous con- provision because it is going to post- Mr. DURBIN. I would like to ask the sent that reading of the amendment be pone the inevitable. This is a program Senator, in the spirit of full disclosure, dispensed with. that we don’t need. Every agency of when we considered the asbestos bill, The PRESIDING OFFICER. Without the Federal Government that uses this which the Senator supported, there was objection, it is so ordered. program or has been involved with it one corporation that would have bene- The amendment is as follows: says they don’t need it anymore. There fited to the tune of more than $1 billion (Purpose: To prohibit the use of funds avail- are special interests that might want by that asbestos bill. In the interest of able to the Coast Guard for operating exit, but the country doesn’t need it. The full disclosure of special interest penses for the continuation of operations Government doesn’t need it. You don’t of Long Range Aids to Navigation stations groups and who is pushing legislation, need it for navigational purposes. nationwide) I am quoting now: would the Senator from Oklahoma also After section 539, insert the following: demand that kind of disclosure so we The Department of Transportation has SEC. 540. None of the amounts available or conducted numerous studies that make clear know if there is a change of a word or otherwise available to the Coast Guard under that the benefits of terminating the LORAN two, and one corporation, one lobbyist, title II of this Act under the heading system far outweigh the costs. Furthermore, or one special interest group is a big ‘‘UNITED STATES COAST GUARD’’ under the as discussed in the Subcommittee Report, winner in a bill that is not an appro- heading ‘‘OPERATING EXPENSES’’ may be obli- the Global Positioning System is a far supe- priations bill? Is the Senator from gated or expended for the continuation of op- rior navigational aid, with sufficient backup Oklahoma going to demand the same erations at Long Range Aids to Navigation capabilities in place to meet the Coast disclosure? (LORAN) stations nationwide. Guard’s needs for the Maritime Transpor- tation System [and to meet the FAA’s need Mr. COBURN. Certainly, in answer to Mr. COBURN. Mr. President, I know there is going to be a radical difference for air travel, and the Department of Home- the Senator’s question. On the trust land Security, as well as the Department of fund, we never got to know who was of opinion on this amendment. Let me Transportation]. going to give the money. It was same explain. This is about the LORAN sta- I ask unanimous consent to print tions nationwide. This is an old-time thing. So there are big problems every- that in the RECORD. where. I believe in sunshine every- aid to navigation that this bill has re- There being no objection, the mate- where. You won’t see me fighting sun- quested another study of. This has been rial was ordered to be printed in the shine. The people of this country de- studied. There are volumes of reports RECORD, as follows: serve to know what is in the bills, what from every agency of the Federal Gov- STATEMENT OF ADMINISTRATION POLICY, JULY is in the reports, and what is in the re- ernment that has anything to do with 12, 2006 quests and the justifications. this. All of them say we don’t need this H.R. 5441—DEPARTMENT OF HOMELAND SECURITY Mr. DURBIN. Will the Senator yield? system anymore. APPROPRIATIONS BILL, FY 2007 Mr. COBURN. I only have 45 minutes LORAN stands for long-range aids to The Administration supports Senate pas- to get through three other amend- navigation. The original LORAN–A sage of the FY 2007 Department of Homeland ments. I don’t want to put this into a system was developed during World Security Appropriations Bill, as reported by political game. What I want to do is War II. LORAN–C, where we are today, the Senate Appropriations Committee. was developed during the 1950s and The President’s FY 2007 Budget holds total talk about what the American people discretionary spending to $872.8 billion and ought to be getting from us. This lan- 1960s. There are 24 LORAN stations cuts non-security discretionary spending guage ought to be changed so that we across the United States. One of them below last year’s level. The Budget funds pri- accept the Appropriations Committee is actually in my State. orities and meets these limits by proposing getting the reports early, but then the These stations send out radio signals to reform, reduce, or terminate 141 lower-pri- Department of Homeland Security and LORAN receivers on board vessels ority programs. The Administration urges making it available to the rest of the and aircraft measure the differences in Congress to fund priority needs while hold- American public, provided it doesn’t the time that it takes for a signal to ing spending to these limits, and objects to the use of gimmicks to meet those limits. have a security implication within it. come back and determine both the lon- The Administration looks forward to work- It is a very straightforward amend- gitudinal and latitudinal positions. It ing with Congress to adopt the President’s ment. I hope the committee will accept is used rarely for some civilian naviga- proposals to cut wasteful spending in order it and keep it in in conference. tion, but it is no longer a primary to maintain fiscal discipline to protect the The PRESIDING OFFICER (Mr. GRA- source for civilian navigation needs be- American taxpayer and sustain a strong HAM). The Senator from New Hamp- cause it has been replaced with a far economy. superior system called global posi- Although the bill is largely supportive of shire. the President’s request, the Administration Mr. GREGG. Mr. President, we have tioning or a satellite-based system. would like to take this opportunity to share no problem with this proposal. The De- That has been totally functioning since additional views regarding the Committee’s partment will have a problem with it 1994. version of the bill. simply because if the Senator has fol- The plan was released February 10, Border and Transportation Security lowed the activities of this Depart- 2006. It was prepared by the Depart- The Administration appreciates the fund- ment, their ability to produce the re- ment of Defense, the Department of ing provided by the Committee for border

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7371 and immigration enforcement and strongly below the President’s request. The requested Transportation Security Administration. urges the Senate to fully fund 1,500 new Bor- funding is based on the five-year average of S&T is best positioned to prioritize, develop, der Patrol agents and 6,700 additional deten- total disaster costs, excluding large one-time and execute the innovative research pro- tion beds and associated costs, as requested. events such as Hurricanes Katrina and Rita. grams necessary to achieve significant re- On May 15th, the President outlined his five- Full funding of the DRF is important to en- sults against explosive threats. S&T is also part plan for comprehensive immigration re- sure that DHS is able to respond appro- best suited to foster the research and devel- form. The Administration is committed to priately to the Nation’s unforeseen events opment capabilities of the TSL and leverage securing the resources necessary to gain con- and natural disasters. these capabilities to support the entire De- trol of the border through deployment of ad- Management partment. ditional Border Patrol agents, as well as add- The Administration strongly opposes any Preparedness ing infrastructure and technology, such as effort to reduce or eliminate funding for the The reduction in funding for the National access roads, fences, vehicle barriers, tac- DHS MAX HR initiative. This human re- Preparedness Integration Plan will limit the tical communications, and aerial surveil- source management system is designed to ability of the Preparedness Directorate to lance. These resources, coupled with addi- meet the diverse personnel pay and benefit implement initiatives based on Katrina ‘Les- tional legal authority from Congress, will requirements of DHS. sons Learned’ recommendations. At the end the practice of ‘‘catch and release’’ along The Administration is concerned that funding level proposed by the Senate, the the southern border by increasing detention funding for the design and buildout of a new program will not be able to support needed and removal capabilities. The Administra- Coast Guard Headquarters at the St. Eliza- improvements in telecommunications capa- tion is committed to working with Congress beth’s campus was not included in the bill bilities. DHS will work with Congress to bet- to implement an immigration enforcement and urges that it be restored. This facility ter define the role of the proposed Federal strategy that will give our law enforcement has been identified by the General Services Preparedness Coordinators, and avoid dupli- authorities operational control of our Na- Administration as the only Federally-owned cation of other DHS functions. tion’s borders as a part of the Administra- secure campus readily available in Wash- The Administration is also concerned tion’s comprehensive immigration reform ington, D.C. It is critical that the Coast about the aggregate reduction of $24 million initiative. from the request for funding of Infrastruc- The Administration is concerned that the Guard headquarters be constructed in a timely manner and these funds are needed to ture Protection and Information Security Committee did not include the requested in- activities. The $20 million reduction in the crease for aviation security passenger fees. ensure the facility is constructed on schedule, address serious spatial needs of the National Security/Emergency Preparedness The Senate is urged to include this provision Telecommunications program will diminish agency, and support infrastructure develop- to ensure that the direct beneficiaries of the ability to provide priority wireless ment for eventual tenancy by other DHS aviation security measures bear a greater connectivity in disaster-affected areas and components. share of the cost of implementing and main- implement recommended improvements taining a secure screening system. Coast Guard from the Administration and Congress to The Administration strongly supports the The Administration strongly objects to the emergency communications infrastructure. provision to provide the Department with provision that would postpone decommis- Domestic Nuclear Detection Office the flexibility to employ a risk-based strat- sioning of the LORAN system and would re- The Administration appreciates the Com- egy for focusing aviation screening resources quire additional cost-benefit analysis. The mittee’s support for the Domestic Nuclear on significant and emerging threats to avia- Department of Transportation has conducted Detection Office (DNDO), but strongly rection security. The Administration supports numerous studies that make clear that the ommends that the full funding requested be section 524 of the Committee’s proposed bill benefits of terminating the LORAN system provided. This initiative is a priority of the that will provide additional direction to the far outweigh the costs. Furthermore, as dis- Administration and failure to fully fund Department and information to Congress on cussed in the Subcommittee Report, the DNDO research and development programs protection of Sensitive Security Information Global Positioning System is a far superior will appreciably delay the availability of without compromising security. navigational aid, with sufficient backup ca- new technologies for detecting radiological State and Local Programs pabilities in place to meet the Coast Guard’s and nuclear materials in cargo, at our bor- While the Administration appreciates the needs for the Maritime Transportation Sys- ders, and elsewhere. Specific reductions in Committee’s commitment to State and local tem. funding will delay the deployment of next- grant and training programs, the funding Secret Service generation equipment for detecting nuclear provided does not effectively target Depart- The Administration urges the Senate to in- devices; hinder efforts to leverage the re- ment of Homeland Security (DHS) resources. clude the establishment of a Special Event search capabilities of our Nation’s univer- Overall funding for programs administered Fund to meet the unique security needs of sities; and delay efforts to track the source by the Office of Grants and Training is $504 the Secret Service to be prepared for special of radioactive materials. million above the President’s request, pro- events. These funds have been requested in a Competitive Sourcing viding resources to lower priority programs separate account to ensure that resources The Administration strongly opposes pro- that support individual infrastructure sec- are dedicated to meet special events over- visions that limit competitive sourcing. Sec- tors or organizations and emphasize basic re- time and travel needs. tion 516 imposes a legislative restriction on sponse equipment for local agencies. Re- Citizenship and Immigration Services the use of competitive sourcing for work per- sources should be shifted to fully fund pro- formed by the Immigration Information Offi- The Administration appreciates the fund- grams that target high-risk targets and com- cers at the U.S. Citizenship and Immigration ing provided for expansion and improve- bine security efforts across the Nation’s in- Services, and section 537 overrides Executive ments to immigration verification systems frastructure sectors such as the Urban Areas Branch discretion to consider public-private Security Initiative and the proposed Tar- to more effectively verify employment eligi- competition by dictating that commercial geted Infrastructure Protection Program. bility and benefit records. These resources classroom training performed at the Federal The Administration also urges the Senate to support the Administration’s comprehensive Law Enforcement Training Center is an in- fully fund the Citizens Corps initiative, immigration reform initiative, and the Ad- herently governmental activity. Precluding which helps to encourage greater citizen par- ministration urges the Senate to fully fund public-private competition for performance ticipation in local preparedness efforts. efforts to automate U.S. Citizenship and Im- of these activities deprives the Department Federal Emergency Management Agency migration Services’ business processes and of the operational efficiencies to be gained (FEMA) systems, which will improve its ability to by competition, and limits its ability to di- collect, process, and provide immigration-re- The Administration appreciates the Com- rect Federal resources to other priorities. lated benefits. mittee’s support of FEMA’s core operating Management decisions about public-pri- expenses, flood map modernization, and the Science and Technology vate competition, and accountability for re- pre-disaster mitigation grant program. The The Administration appreciates the fund- sults, should be vested with the Department. funding provided for the pre-disaster mitiga- ing provided by the Senate supporting the On a Government-wide basis, the improve- tion grant program will protect people and Department’s research, development, test ments set in motion by competitions com- buildings from flood damage, earthquakes, and evaluation (RDTE) requirements. How- pleted between FY 2003 and FY 2005 will gen- and wind damage from hurricanes and tor- ever, the Administration strongly urges the erate an estimated savings that will grow to nados. The Administration also strongly sup- Senate to restore the Management and Ad- over $5 billion over the next 10 years. The ports the transfer of the National Disaster ministration appropriation funding needed Senate is urged to strike these restrictions. Medical System to the Department of Health to ensure the necessary resources for the Reports and Penalties and Human Services, consistent with the proper planning, prioritization, manage- While the Administration understands the recommendations of the White House ment, execution, and oversight of the RDTE need for prompt delivery of reports to Con- Katrina ‘Lessons Learned’ report. programs. gress and makes every effort to do so, the The Administration strongly urges the The Administration is opposed to the Committee’s requirement to deliver reports Senate to provide the full request level for transfer of the Transportation Security Lab- on complicated matters before receiving FEMA’s Disaster Relief Fund (DRF). The oratory (TSL) and explosives threat funding funding could inhibit the Department’s ef- amount provided for the DRF is $316 million from Science and Technology (S&T) to the forts to carry out its mission.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7372 CONGRESSIONAL RECORD — SENATE July 12, 2006 Constitutional Concerns even used in tandem anymore. If you sure that we are making the best use of Several provisions of the bill purport to re- are looking at GPS, you don’t use the public resources. But it has to be done quire approval of the Committees prior to LORAN system. And GPS is far supe- in a way that doesn’t impact the safety Executive Branch action. These provisions rior to anything that LORAN could of our many maritime and airline are found under the following headings: give us. One of the claims will be that users. ‘‘United States Visitor and Immigrant Sta- tus Indicator Technology’’; ‘‘Automation shutting down will adversely affect I will oppose the amendment. I know Modernization,’’ ‘‘Technology Moderniza- other Federal agencies that use Senator STEVENS from Alaska has been tion,’’ and ‘‘Air and Marine Interdiction, Op- LORAN. The navigational plan asked very involved in the debate. I believe erations, Maintenance, and Procurement,’’ for by this Congress indicated that it is he is on his way to the floor as well. I within Customs and Border Protection; ‘‘Au- no longer a mission-essential device. It urge our colleagues to listen carefully tomation Modernization’’ Immigration and is not needed for either a primary or to the safety and the use of many peo- Customs Enforcement; ‘‘Protection, Admin- secondary source for positioning, navi- ple in our coastal waters as we move istration, and Training,’’ United States Se- cret Service; ‘‘Management and Administra- gation, or timing for the Department forward on the matter of closure of the tion,’’ Preparedness and Recovery Prepared- of Defense, the Department of Trans- LORAN system. ness; ‘‘Management and Administration,’’ portation, or the Department of Home- The PRESIDING OFFICER. The Sen- Science and Technology; and section 509. land Security. Who is that? That is the ator from New Hampshire. Since these provisions would contradict the FAA, the Maritime Commission, the Mr. GREGG. Mr. President, this lan- Supreme Court’s ruling in INS v. Chadha, Coast Guard, all of them saying: We guage was added to the bill in com- they should be changed to require only noti- don’t need this. Yet we are going to mittee. It did not arise out of the origi- fication of Congress. nal mark. I opposed the addition of this Section 521 of the bill, relating to privacy spend another $500 million over the officer reports, should be stricken as incon- next 7 years if we don’t get rid of it. language because I agree with the Sen- sistent with the President’s constitutional So it is simple. Somebody wants it, ator from Oklahoma. I have a lot of authority to supervise the unitary executive yes. Why? There are special interests confidence in the Coast Guard. In fact, branch. that will want this to continue. But within this agency, the Coast Guard is Mr. COBURN. I draw the attention of the fact is, a half a billion dollars is a clearly one of the best run, most effi- my colleagues to the formal report on lot of money that we don’t have. We cient and most professional groups in the LORAN system as put forward by ought to eliminate this program. I our entire Government. The Coast the three agencies. know there are others who disagree Guard has come to the conclusion they We are going to hear debate that with that. I look forward to the debate. don’t need the system, that it is ancil- there is not sufficient backup. Let me I yield the floor at this time. lary to the basic needs of navigation. answer that first. The 2005 Federal The PRESIDING OFFICER. Who It is a lot like maintaining a black- Radio Navigational Plan reported that yields time? The Senator from Wash- and-white television when everybody the U.S. Coast Guard has determined ington. has gone to color—or high definition that there are backups. LORAN is not Mrs. MURRAY. Mr. President, I rise now. Hand-held GPSs are like little needed for it. In case there is a GPS to oppose the amendment. Certainly, I telephones. You can carry them any- failure, conventional navigation is understand the intent of the amend- where. The accuracy and instantaneous used, using all available equipment ment, which is to terminate the locating of those devices is extraor- which includes GPS, DGPS, radar, LORAN program. This is a program dinary, especially compared to LORAN. lights, buoys, celestial navigation, that affects a lot of our small air- There is no need to keep this black- daymarks, and dead reckoning. There planes, maritime safety, their ability and-white technology. We should phase are seven backups besides this. to communicate in the Pacific North- it out. The Coast Guard has come up Coast Guard Congressional Affairs west waters. I know Senator STEVENS with a plan for doing that. We can save has indicated that LORAN is one of from Alaska has a deep concern about some money, and with that money we many backups. It is not needed for this as well. can put it into other things the Coast aviation backup. They have very high- We know that at some point the Guard does need. I support the amend- frequency omnidirectional beacons LORAN system is going to be changed. ment. that give the same backup. Distance The problem is that the Coast Guard There are other Members who wish to measuring equipment, the ILS sys- alone, which I have tremendous respect speak. I don’t think we should go to a tems, a backup to GPS, it is not going for, made a decision to terminate the vote until we have given people the to be long when we won’t even have LORAN system without talking to the time to come and put their 2 cents in. ILS systems at airports. We will prob- FAA, without talking to DOD, and I support the amendment. ably have somebody who wants to keep without talking to many of the other Mr. COBURN. Mr. President, I have a those in. The fact is, we need to recog- users of the LORAN system. This bill couple of comments to the Senator nize the technology. These dollars makes sure that as we move toward a from Washington State. LORAN won’t would be better spent somewhere else. new structure within the waters in the go away if this instruction for this The Coast Guard is going to spend $35 area of the Pacific Northwest and up study is taken out. There are still 4 million in 2007 on operations and the into Alaska and other places along the years that LORAN will be there under maintenance of the LORAN system. coast, we do it in a way that makes the Coast Guard’s plan. I also remind The Federal Aviation Administration sure that all of the users of the system the Senator that the FAA has already will spend between $15 and $25 million are not impacted in a way that makes said they don’t need it. The Maritime on recapitalization. The Coast Guard them unsafe or their travels unsafe. Commission has said they don’t need tried to start getting rid of this in 2000. It is unwise for us to terminate this it. The Coast Guard has said they don’t The FAA at that time said they still program without the consent and the need it. Who needs it when we have needed it. They now no longer need it. understanding of these other organiza- other backups? It is true that in 2000 It will take another 6 to 10 years and tions. We had a debate about this in the FAA said we don’t have sufficient another $300 million to complete the the Appropriations Committee. The backup to eliminate LORAN. They recapitalization that was mandated committee agreed with us that as we have since, in the report—the study since 2000 for a program this isn’t need- move forward on the termination of that has already been made—said they ed. the LORAN program, we need to make don’t need it. So this is a report to ex- Here are the savings: $500 million sure that the Department of Defense, tend the life of LORAN, something over the next 7 years if we go on and the FAA, small maritime users, and ev- that we don’t need. terminate a program that we don’t erybody who relies on this for safety in I know the Senator from Alaska will need and nobody needs as a backup. the waters along coastal regions is on oppose this. I look forward to a vig- The Senate report on this bill and board and we move forward in a way orous debate with him. the proponents of LORAN will claim that doesn’t cause any harm to any of I will soon ask unanimous consent that GPS used along with LORAN pro- the users of the system. again to submit the 2005 Federal radio vides the most accurate positioning. I respect the Senator in trying to navigational plan into the RECORD so That is one of the claims. They aren’t eliminate funding and trying to make everybody can see all the claims that

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7373 have been made by the groups that sup- But we had the Department of Home- dollars, I am happy to reallocate it to- posedly don’t need it. The plan has al- land Security say they didn’t have any ward this activity. This is a huge ready been done. It is not required as a improper payments. That is what they amount, but I don’t think it should be navigational backup. asserted to this Congress in 2005. The understated how much effort is being Now, will some people somewhere fact is that they didn’t do the studies made to try to figure out how much in want to get a better navigational sys- which were necessary to assess whether the way of funds has been either mis- tem? Yes. You can buy a GPS system they were at risk. The $65 billion that handled, fraudulently handled, wasted, for a boat now for about $300 and you I quote represents only 18 of 70 entities and the first cut just on the individual can have something far superior than of the Federal Government, and it is side is $1.8 billion. As a result of LORAN ever was or you can use the only 18 out of 70 that are reporting. Katrina, the number is going to be VOR system or one of the myriad— The Department of Homeland Secu- much higher when they get into the seven other backups for maritime with- rity, in its fiscal year 2004 performance public area of rebuilding roads, schools, out using LORAN. and accountability report, said none of and hospitals. However, the Depart- With that, I ask unanimous consent its programs or activities were deemed ment is trying, and certainly the in- that this amendment be set aside, and to be at significant risk for making im- spector general of the Department is I will call up another amendment. proper payments. The OMB put some trying very hard. He has a very highly The PRESIDING OFFICER. Without special definitions on what that is. It is structured task force—a series of objection, it is so ordered. $10 million or 2.5 percent. We know of them—to try to manage these dollars. Mr. COBURN. Mr. President, I sug- at least a billion dollars that has been The results are not too complete. We gest the absence of a quorum. wasted in Katrina that we can docu- are starting to get hard information, The PRESIDING OFFICER. The ment right now. The Department has but dollars have been wasted, and it is clerk will call the roll. since admitted they are finding and re- inexcusable. If this technical account- The assistant legislative clerk pro- porting improper payments for 2005 ing process is something that should be that were not in full compliance with ceeded to call the roll. followed, I have no problem with pro- the law. Mr. COBURN. Mr. President, I ask ceeding in this way. We are seeing that everywhere in my unanimous consent that the order for I don’t want to imply that this is Subcommittee on Federal Financial the quorum call be rescinded. going to resolve the problem. The prob- Management, where we look at these The PRESIDING OFFICER. Without lem is much bigger than this. The issue agencies. They actually ignore the law objection, it is so ordered. is whether the inspector general can and don’t make a concerted effort. Sen- AMENDMENT NO. 4589 get his arms around everything that ator OBAMA and I asked in September Mr. COBURN. Mr. President, I ask has happened down there. You are not that amendment No. 4589 be called up. that a chief financial officer be set up in terms of the response in September only dealing necessarily with the Fed- The PRESIDING OFFICER. The eral folks who are giving us the issues; clerk will report. of last year to Katrina. We never got that through, but had we gotten that there are a lot of local and State issues The assistant legislative clerk read about how Federal money is being as follows: through, we would be a billion dollars ahead of where we are today, just in spent here that is very questionable. The Senator from Oklahoma [Mr. COBURN] Unfortunately, people took advantage proposes an amendment numbered 4589. terms of the funds for Katrina. The price tag is going to be over $200 of the American taxpayers’ compassion Mr. COBURN. Mr. President, I ask billion in Federal money by the time for folks who have been devastated in unanimous consent that further read- we finish. If you take the rate of im- that part of the country. Some people ing of the amendment be dispensed proper payments within DHS just in saw that as an opportunity to take ad- with. terms of Katrina, we are probably vantage of the American taxpayers. We The PRESIDING OFFICER. Without going to have $2 billion or $3 billion in are very creative people sometimes in objection, it is so ordered. that area, and unfortunately it hap- The amendment is as follows: improper payments. For the record, I believe it is impor- pened. (Purpose: To reduce appropriations available tant that the American public know There is a genuine effort to try to for certain training, exercises, technical make sure the money is spent effec- assistance, and other programs) why we ought to be having an assessment of how we spend our money. Six- tively, and there is an equally genuine At the appropriate place, add the fol- effort by the inspector general to following: teen percent of the dollars and assist- Nothwithstanding any other provision of ance initially spent after Katrina and low up on money that has not been this Act, the amount made available in title Rita was spent on divorce, sex spent correctly. So I welcome this ef- III of this Act under the heading ‘‘Office for changes—bogus things—and $1.5 mil- fort as part of the fight to make sure Domestic Preparedness, State and Local Pro- lion went to credit card waste, a 1- tax dollars are spent effectively. grams’’ is reduced by $25,000,000 and the week Caribbean vacation, five season I ask that the amendment be agreed amount made available under such heading tickets to the New Orleans Saints, and to. for ‘‘training, exercises, technical assistance, Dom Perignon in San Antonio. A thou- Mr. COBURN. Mr. President, I made and other programs’’ is reduced by $25,000,000 sand credit cards were given to people an error in the number of the amend- Mr. COBURN. Mr. President, this is a with Social Security numbers belong- ment I called up. I ask unanimous con- very simple amendment. The Improper ing to State and Federal prisoners, and sent that the amendment be set aside Payment Information Act was enacted $14,000 was given to an inmate in a and the true number be 4590 instead of in 2002. It was very specific, and Con- Louisiana jail. Subcontracting—we 4589 and that the debate be considered gress was very wise to do it. What it were to pay, on average, $32 per cubic with regard to No. 4590 rather than said is that the agencies have to make yard for debris removal, but the actual 4589. an assessment of improper payments. cost was $68. We had the rest taken up The PRESIDING OFFICER. Without Now, what the American people don’t in layers of subcontractors. I could go objection, it is so ordered. know is that at least $65 billion in im- on and on, but I will not. Mr. COBURN. Mr. President, I wish proper payments—payments made by This amendment gives a million dol- to respond to the chairman for a the Federal Government to people who lars to the Chief Financial Officer of minute. I know this isn’t going to solve don’t deserve to get them—are made the Department of Homeland Security the problem. This takes away the ex- every year. Think about that: $1.6 bil- and says: Do improper payments re- cuse for not doing proper payment lion in food stamps; $20-some billion at porting. I ask that this be accepted by analysis at the Department of Home- the Pentagon; $42 billion in Medicare the committee because it makes com- land Security. I know they are working improper payments; $30 billion in Med- mon sense and we have a real problem hard in that regard. icaid improper payments. So the $60 in Homeland Security with waste, Mr. President, I note that the Sen- billion number I quote is a very con- fraud, and abuse. To start fixing that, ator from Alaska is here. I wonder if servative estimate. we must know what the problem is. we might recall amendment No. 4585. What we saw with Katrina is that Mr. GREGG. Mr. President, I could The PRESIDING OFFICER. Does the tons of improper payments were made. not agree more. As far as the million Senator wish to report 4590 first?

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7374 CONGRESSIONAL RECORD — SENATE July 12, 2006 AMENDMENT NO. 4590 Mr. GREGG. I ask unanimous con- The committee denies the request to ter- Mr. COBURN. Mr. President, I ask sent that it be agreed to. minate operations at LORAN stations na- that amendment No. 4590 be reported. The PRESIDING OFFICER. Is there tionwide and directs the Secretary to refrain The PRESIDING OFFICER. The objection? from taking any steps to reduce operations Mr. STEVENS. Reserving the right at such stations. The committee further di- clerk will report. rects the Secretary, in consultation with the The assistant legislative clerk read to object, what is this amendment? Secretary of Transportation, to submit a reas follows: Mr. GREGG. This deals with the port to the Appropriations Committee and The Senator from Oklahoma [Mr. COBURN] transfer of $1 million to the finance of- the Commerce Committee regarding the fu- proposes an amendment numbered 4590. ficer. ture of the LORAN system. The report shall Mr. COBURN. Mr. President, I ask Mrs. MURRAY. Mr. President, re- include the cost benefits, the merits of maintaining the LORAN system as a backup navi- unanimous consent that further read- serving the right to object, simply to clarify, so we are all on the same page, gational aid, and the benefits of using the ing of the amendment be dispensed LORAN system in conjunction with the glob- with. the chairman of the committee is asking that we agree to the amendment al positions system. The report shall be sub- The PRESIDING OFFICER. Without mitted to the committee within 180 days of objection, it is so ordered. that was just debated, that was called enactment of this act. up, that the Senator had the wrong The amendment is as follows: I did hear my good friend from Okla- number; is that correct? homa indicate he would like to have (Purpose: To make appropriations available The PRESIDING OFFICER. Right. for the Chief Financial Officer of the De- Mr. GREGG. And this is the amend- some vigorous debate. I don’t know partment of Homeland Security to ensure how vigorous it is going to be. I do compliance with the Improper Payments ment dealing with the transfer of $1 million to the finance officer. want to tell the Senate that this Information Act of 2002 (31 U.S.C. 3321 amendment means a great deal to my note) Mrs. MURRAY. The Senator is asking us to agree to that amendment State, obviously, with half the coast- On page 127, between lines 2 and 3 insert line of the United States, with a num- the following: that was debated. ber of areas that are affected by this SEC. ll. Notwithstanding any other pro- The PRESIDING OFFICER. That is vision of this Act, $1,000,000 shall be made the Chair’s understanding. LORAN system. available from appropriations for training, Mr. GREGG. Now the pending amend- The LORAN system has not been exercises, technical assistance, and other ment is the amendment on LORAN. modernized in my State, although it programs under paragraph (4) under the sub- The PRESIDING OFFICER. Is there has been in all the rest of the country. heading ‘‘STATE AND LOCAL PROGRAMS’’ under objection to amendment No. 4590 being In recent years, we have appropriated the heading ‘‘OFFICE FOR DOMESTIC PRE- agreed to, the $1 million amendment? approximately $160 million to the Fed- PAREDNESS’’ under title III, for the Chief Fi- Without objection, the amendment is eral Aviation Administration and the nancial Officer of the Department of Home- Coast Guard to modernize the LORAN land Security to ensure compliance with the agreed to. Improper Payments Information Act of 2002 The amendment (No. 4590) was agreed structure through an existing inter- (31 U.S.C. 3321 note). to. agency memorandum of agreement that existed between the two agencies. Mr. STEVENS. Reserving the right AMENDMENT NO. 4585 The recapitalization primarily came to object, is that the pending amend- Mr. GREGG. And the pending busi- through the FAA budget, while the ment? ness is the LORAN amendment. Coast Guard has provided resources to The PRESIDING OFFICER. That was The PRESIDING OFFICER. Now the operate and maintain this system. the amendment that was just brought pending question is amendment No. 4589. The proposal to terminate LORAN up. That was the amendment that was was not coordinated with the Depart- the subject of the previous discussion. Mr. GREGG. That is not the LORAN amendment. We set that one aside. ment of Transportation or the FAA and Mrs. MURRAY. Mr. President, can I certainly was not coordinated with my clarify? It is very confusing. The Sen- The PRESIDING OFFICER. Appar- ently amendment No. 4589 and amend- State. The decision to terminate this ator from Oklahoma called up the system should not unilaterally be con- wrong amendment. Would the Chair ex- ment No. 4585 are both pending. Mr. GREGG. Mr. President, I ask trolled by the Coast Guard. plain exactly what is the pending unanimous consent that amendment I am constrained to tell the Senate, amendment? No. 4585 be called up at this time, this is just another example of the Mr. COBURN. The pending amend- which is, as I understand, the LORAN problems of representing the largest ment is exactly as I described. It is an amendment. State in the Union with agencies that amendment that moves $1 million to The PRESIDING OFFICER. Is there are not properly represented in our the chief financial officer of Homeland objection? The clerk will report. State. Security so they will do the improper Mrs. MURRAY. Mr. President, may I The LORAN system was originally payments report. clarify then that amendment No. 4585 developed as a radio navigational serv- Mr. GREGG. I believe that amend- is pending? From what I understand ice for coastal waters and was later ex- ment has been agreed to and disposed from the Chair, both amendments are panded to include complete coverage of of. pending. I ask unanimous consent that the Continental U.S., as well as all of The PRESIDING OFFICER. I think amendment No. 4589 be laid aside and Alaska. Originally, it really was de- the problem is the Senator mentioned that the pending amendment be signed for an area like the coastal the wrong number. It is not 4589; it is amendment No. 4585. waters off our State. 4590, and the Senate agreed to 4590. The PRESIDING OFFICER. Without LORAN–C provides coverage for mar- Mr. COBURN. That is correct. objection, it is so ordered. itime navigation in the U.S. coastal Mr. GREGG. Mr. President, I ask Mr. GREGG. Just for the clarifica- areas, particularly in Alaska, and pro- unanimous consent that it be agreed tion of the Senate, we are now back on vides navigation, location, and timing to. the LORAN amendment; is that cor- services for civil and military air, land, Mrs. MURRAY. Has that amendment rect, Mr. President? and marine users. been agreed to or set aside? The PRESIDING OFFICER. As far as We welcome the advent of the global The PRESIDING OFFICER. The Sen- I can tell. positioning system. It is an invaluable ator sent up amendment No. 4589. It The Senator from Alaska. navigational aid. The LORAN system was his intent to send up amendment Mr. STEVENS. Mr. President, is uses a very strong wavelength and sig- No. 4590. He asked that amendment No. there a time limit on the amendment? nal strength which enables it to pene- 4589 be set aside, and we now reported The PRESIDING OFFICER. There is trate areas where GPS has difficulty amendment No. 4590. no time limit. and will not work because of line-of- Mr. GREGG. Has it been reported Mr. STEVENS. Mr. President, the sight blockage. yet? amendment of the Senator from Okla- The LORAN system is an inde- The PRESIDING OFFICER. It has homa will delete an amendment I of- pendent system. It can serve as a been reported as the pending amend- fered in committee. This is what it backup for GPS. Until the people who ment. says: have equipment to use LORAN are able

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7375 to switch to GPS and have it be shown users of the system in the coastal depend on this system now completely that GPS will work in every area waters off Alaska and other States. without a navigation system they can where it is necessary to navigate—I re- From what I just heard from the Sen- rely on, then they should be indem- mind the Senate, 70 percent of the cit- ator from Alaska—and I want to clar- nified for any harm that comes to them ies in my State can be reached only by ify this—because of the mountainous as a result of the premature termi- air. We have the largest area and the regions, because of the inaccessibility nation of this system. largest involvement in fishing in the and a lot of the difficult geographic lo- Mr. COBURN. Mr. President, I thank Nation. Over half of the fish consumed cations that exist within his State, we the Senator for his words. I want to in the United States comes from Alas- are not positive that many of those clarify something which is just my un- ka. backup systems work; is that correct? derstanding, and please correct me if I This is an independent system and Mr. STEVENS. Mr. President, it is am wrong. really it ought to be maintained as a my understanding that there are areas The GPS is never limited by line of backup to the GPS, in our opinion, at in our State where GPS does not pro- sight. It is a satellite. It is the LORAN least until the complete modernization vide the accuracy it does in other system that is limited by line of sight. of the older vessels and the older air- places because of the line-of-sight prob- The mountainous structures in Alaska planes that were designed to use lem, whereas because of the very limit the LORAN system. GPS is far LORAN. strong wavelength and signal strength superior to the LORAN system. That is The modernization of LORAN is al- LORAN puts out, particularly the mod- accurate. Both as a pilot I know that most complete. As I said, we spent $160 ernized LORAN–C, it is an absolute ne- and from what we have said. million in the past few years to do cessity right now. The other point that I would make— that. It can be used as a backup to GPS Mrs. MURRAY. Mr. President, I ask Mr. STEVENS. Mr. President, if I to better produce an estimate of loca- the Senator then, what he is saying to could just answer that. tion than either system acting alone. us is it could, indeed, put many people Mr. COBURN. I am happy to yield to The LORAN system is a national at risk because we do not know yet the Senator. asset. Again I say, it was not coordi- whether those systems are working in Mr. STEVENS. The Senator is right, nated with the Department of Trans- many of the geographic locations with- but at the same time, he is wrong. Sat- portation, particularly the FAA, in in his State? ellites don’t work everywhere in Alas- terms of making this recommendation. Mr. STEVENS. The Senator is abso- ka because of problems in updating It just so happens that the first lutely right. We just cannot terminate their signal. The same is true for GPS. weekend of the last recess, just 10 days this system all at once. It is true it can You must have a satellite signal that ago, I had occasion to travel with my be phased out in many places in the can reach for GPS. son down one river and up another in country without any harm to anybody. Mr. COBURN. I would concede that. Alaska in a vessel that had GPS. He is But the people who rely on the system Mr. STEVENS. Many places in our a qualified pilot for any vessel in the right now as the sole source of their State did not have access to GPS be- United States. At one point, at around navigation should not be abandoned. cause the satellite is not ubiquitous for 11 o’clock at night, we were traveling As a matter of fact, I have prepared the world. It does not come down in through a fog. We were talking about a second-degree amendment which I some places of our State. the navigational systems. The dif- will be glad to offer if the Senator from Mr. COBURN. I would concede to the ficulty people have is they don’t under- Oklahoma does not understand our sit- Senator that there are occasional stand what it means to live in an area uation. It is a second-degree amend- times that the GPS cannot be utilized. where it can be dark for several ment which would delete the amend- I would concede that. months and operating in a fog at ment, as the Senator wishes, but sub- Mr. STEVENS. I want to make cer- night—all day long, as a matter of fact, stitute for it a complete indemnity by tain, Mr. President, that the Senator in darkness in some instances. the United States of any harm that understands what I am saying. There The fisheries vessels and the systems comes to any person who presently is are places where GPS cannot be off our State depend on LORAN for ac- relying on LORAN because they cannot accessed in Alaska. curate positioning. It is true that GPS have navigation capability. Mr. COBURN. There are also places is a better system where it works bet- We believe there is going to be sub- where LORAN cannot be accessed in ter, but it has not had the findings and stantial harm to a lot of people if this Alaska today. analysis that this committee amend- is not done right. The current system Mr. STEVENS. That is true, in some ment asks be prepared. That is, the just says ‘‘terminate.’’ If they did so by places. But where it has been oper- Secretary of Commerce is asked to cost-benefit analysis on a nationwide ating, LORAN is relied upon in places make a study, along with the Sec- basis, they did not do it on a cost-ben- where GPS cannot reach. retary of Transportation, and report to efit analysis in the area where it is Mr. COBURN. I would concede to the us the analysis of the cost-benefits of needed. ‘‘Where it is needed’’ is what Senator that LORAN can be used in this LORAN system, the merits of makes a difference. places where GPS cannot be utilized. maintaining it as a backup naviga- We do not say this program should But I would also concede that the tional aid, and give us that within 180 exist forever. We believe in the final study that asked for this has already days. analysis that it probably will be termi- been done. Everything that this study In other words, for 180 days, we have nated. But when it is terminated, it asked for has already been put forward. a hiatus to determine whether we should be phased out on a geographical The 2005 Federal Radionavigation Plan should follow the report made by the basis so it stays in effect in the areas answers every question you have asked Coast Guard or whether we should lis- where it is absolutely needed until it in this amendment. ten to those involved in the fishing sys- can be replaced by a system which What the Department of Transpor- tems and in the aviation systems in a would have to upgrade GPS, and that is tation says, what the FAA says, what State such as mine. not in the plan of the Department of the Maritime Commission says, what Mrs. MURRAY. Mr. President, will Commerce at all. the U.S. Coast Guard says is LORAN is the Senator from Alaska yield for a I think this is wrong to take out our not needed for a backup for a naviga- question? amendment. I believe the amendment tional system anywhere in this coun- Mr. STEVENS. Yes. is a reasonable one. All it says is we try. That is what they say, and that is Mrs. MURRAY. Mr. President, the postpone the termination operations. what you are asking for. They have Senator from Alaska just made a point We refrain from taking steps to reduce also done a cost-benefit analysis, and that I think is critical that we under- operations at these stations where they they have said, without question, the stand. During the debate prior to the are needed. If that is not acceptable to cost-benefit is on the side of elimi- Senator coming to the floor, the point the Senate, then I say, all right. If the nating LORAN. was made by the Senator from Okla- Senate, in its wisdom, is going to take Let’s talk about what it will cost. homa that there are a number of other a total cost and benefit analysis on a The Government estimates it will cost backup systems that are available to nationwide basis and leave people who $300 million to upgrade the LORAN

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7376 CONGRESSIONAL RECORD — SENATE July 12, 2006 system in Alaska over the next 6 to 7 tion, but I have to say that we heard on ommendation that Senator STEVENS years. And what they are certifying— April 18 of this year from the Depart- has just made, and if we are able to and I understand the concern of the ment of Transportation the following: work that agreement out, I think that Senator from Alaska because some The Department of Transportation has not would be good. people might not have a system they formulated a position regarding the future of I do want to amplify something are used to today. But when these LORAN. It is our hope, however, that it will quickly that I stated earlier in the de- agencies certified that LORAN is not be possible, consistent with the Federal bate, and it was repeated by my col- Radionavigation Plan, for the administra- needed as a secondary backup, that is tion to announce a final, fully considered de- league from Alaska, and that is that what you are asking them for in the cision before the end of the calendar year. DHS came to this decision without ade- study, and they have already said it is That decision should be made collabo- quate consultation with other im- not needed. ratively with due regard for the mandates in pacted Federal agencies. If there is any Mr. STEVENS. Will the Senator NSPD 39 relating the identification of a confusion over that question, I would yield? That is not what I am asking backup for GPS. like to put in the RECORD and ask for. In terms of where we live on the Pa- unanimous consent to insert a letter Mr. COBURN. I will finish my point, cific, the problem is we appropriated from the Honorable Jeff Shane, Under and then I will turn the time over to the money for modernization of Secretary of Transportation, to the the Senator. LORAN but, unfortunately, it was im- Honorable Stewart Baker, the Assist- Mr. President, the Federal Radio- proved in areas where it wasn’t needed ant Secretary of Policy at DHS. navigation Plan is a 120-page report. anymore, and in the area where it is The PRESIDING OFFICER. Is there Let me just go through it real quickly. still needed, it was not. objection? FAA has said: Sufficient alternative We are in a situation now where our Without objection, it is so ordered. people still rely upon LORAN. We were navigational aids exist in the event of There being no objection, the mate- told that the Department of Transpor- a loss of GPS-based services. They have rial was ordered to be printed in the tation did not participate in this study. VOR, which they have in Alaska. RECORD, as follows: We now know that the Department of The Maritime Administration deter- DEPARTMENT OF TRANSPORTATION, mined that there would not be signifi- Transportation says that from a cost- benefit analysis, the whole system is Washington, DC, April 12, 2006. cant disruption in the movement of Hon. STEWART BAKER, vessels in and out of U.S. ports or af- not justified. That may well be. That Assistant Secretary for Policy, Department of fect commercial enterprises as tradi- may well be. All we are asking for is Homeland Security, Washington, DC. tional aids to navigation are still in this analysis now to be made of the DEAR STEWART: The future of the Long use and capable. system, and the merits of maintaining Range Navigation (LORAN) system has been The Department of Homeland Secu- LORAN as a backup navigational aid the subject of debate for many years. In 1994, the Clinton Administration announced plans rity has determined that LORAN–C is and the benefits of using it in conjunction with the Global Positioning Sys- to terminate the LORAN system based on its not needed as a backup for timing expectation that emerging Global Posi- users, as adequate alternatives are al- tem. We believe that in areas where it tioning System (GPS) technology would ready in place. doesn’t work continually, GPS ought fully respond to the needs of LORAN users. The Federal Railroad Administration In response to strong support from industry to be backed up by LORAN and vice said they have no need for LORAN. and the public as well as analyses showing The bottom line: The accuracy of versa. But particularly in terms of the key GPS vulnerabilities, however, Congress LORAN in these areas can be equally long coastline of the Pacific coast—and has continued to fund LORAN. That funding we are part of the Pacific coast—we has gone to the United States Coast Guard degraded and compromised, and there- were not included in the study. This for LORAN operations and to the Federal fore, there would be no material deg- benefit-to-cost ratio is a national con- Aviation Administration (FAA) for LORAN radation in navigational safety should clusion and not a conclusion based modernization. GPS be the only RNAV source for Alas- upon the areas where LORAN is cur- According to the 2005 Federal Radio- ka. Traditional backups for maritime navigation Plan, signed by the Secretaries of rently used. In many areas of the coun- navigation would still be in place: Homeland Security, Defense, and Transpor- try, it has been totally abandoned, and VTSs, buoys, ranges, radar, light- tation, ‘‘DOT, in coordination with DHS, will it ought to be abandoned. We don’t houses, and fathometers. Since 1997, make a decision regarding the future of have any problem with that. But steps $160 million has been appropriated to LORAN by the end of 2006.’’ Related man- to reduce operation at stations where dates are set forth in National Security recapitalize LORAN. $117.5 million of this LORAN is still in use and is relied Presidential Directive 39, establishing a U.S. that has been transferred to the Coast upon today is wrong. If there is to be space-based positioning, navigation, and Guard. It is estimated that it will take some decision along that line, we will timing policy. According to the unclassified another 6 to 10 years and $300-plus mil- be happy to try and work that out in fact sheet accompanying NSPD 39, the Sec- retary of Homeland Security shall, ‘‘[i]n co- lion to recapitalize that. conference with the Senator. But The point is, even without the ordination with the Secretaries of Defense, maybe we should say the Secretary Transportation, and Commerce, develop and amendment of the Senator from Alas- should refrain from taking any steps to ka, his addition in committee, it is 4 maintain capabilities, procedures, and tech- reduce LORAN at certain stations but niques, and routinely exercise civil contin- years before this is decommissioned. nationwide. gency responses to ensure continuity of oper- So it gives 4 years for anybody who has I will be happy to change that, so he ations in the event that access to the Global Po- any problem with it a chance to adjust should not be prevented from taking sitioning System is disrupted or denied. . . .’’ to that problem. steps to reduce operations at any sta- Elsewhere, the fact-sheet says that the Sec- I would offer to the Senator from tion where it is not currently relied retary of Transportation shall, ‘‘[i]n coordi- Alaska that there might be a com- upon for navigation, either directly or nation with the Secretary of Homeland Secu- promise that we could discuss in keep- rity, develop, acquire, operate, and maintain as a backup to GPS. backup position, navigation, and timing ca- ing LORAN working just for Alaska Now, that means the Pacific coast. I where there is a problem, rather than pabilities that can support critical transpor- am led to believe the same thing exists tation, homeland security, and other critical keeping LORAN working everywhere off California, off Oregon, and Wash- civil and commercial infrastructure applica- else there is not a problem. I would ington to a lesser extent than it does tions within the United States, in the event of suggest there may be a compromise to off my State. You have to remember a disruption of the Global Positioning System. address the issues of concern that the that half of the coastline is off our . . .’’ (Emphasis added.) Senator from Alaska has, that would State, as I said, and in the areas where For some time now, the Coast Guard has also save us a considerable amount of small boats, small planes currently indicated its desire to decommission the money and solve his problems with rely upon LORAN as a backup, or in LORAN system. The FAA is similarly inter- those who feel at risk without elimi- ested in being divested of LORAN respon- some instances as the total system, it sibilities. Neither agency believes that nation of LORAN. I yield to the Sen- should not be eliminated without a LORAN is necessary today to support its re- ator. study of that area. spective mission. From the perspective of Mr. STEVENS. Mr. President, the Mrs. MURRAY. Mr. President, let me the two agencies, those assessments are un- Senator is quite generous in his sugges- just add that I support the rec- doubtedly correct. But the future of LORAN

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7377 should be determined by reference to the signal offer potential value in our effort to rity or the lack thereof in the United broader national interest. Might LORAN secure the international supply chain? Are States of America. This amendment is serve as the backup to GPS contemplated by there other possible backups to GPS that about rail security. the mandates of NSPD 39? Apart from its po- offer clear advantages over LORAN? The funding made available in this tential as a backup to GPS, does its robust, None of that has been answered. amendment is, unfortunately, some- low-frequency, penetrating signal offer po- Now, certainly, this is after the Sec- tential value in our effort to secure the thing that I have, with others, fought international supply chain? Are there other retary signed off on that plan, but the for without success since 9/11. In fact, possible backups to GPS that offer clear ad- idea of abandoning LORAN pre- immediately after 9/11, I introduced vantages over LORAN? If we decide that maturely was not signed off on by the legislation that is very similar to the LORAN should be maintained, which agency Department, to my knowledge. amendment I am offering today that should shoulder responsibility for maintain- Mr. COBURN. Mr. President, I would would provide critical resources to ening it? If we decide that LORAN should not note that in the report, the consider- hance rail security and rail infrastruc- be maintained, what should we do to per- ations for backups are very well and ture. Almost 5 years later, after intro- suade Congress that continued funding of the very explicitly listed, including Alas- ducing the legislation in the 108th Con- system is no longer in the national interest? ka’s backup system. So I agree that DOT has not formulated a position regard- gress and the 109th Congress, we have ing the future of LORAN. It is our hope, how- there is some confusion and there cer- done virtually nothing. ever, that it will be possible, consistent with tainly is some difference in what was In March of 2004, our allies in Spain the Federal Radionavigation Plan. for the signed off on the report and what we suffered an attack on their rail system Administration to announce a final, fully are hearing now. that killed 191 people. We did nothing. considered decision before the end of this I would ask to note the absence of a We did nothing at home. Just over 1 calendar year. That decision should be made quorum. year ago, terrorists in London killed 52 collaborativeIy with due regard for the man- Mr. GREGG. Mr. President, if the people and injured over 700, mostly on dates in NSPD 39 relating to the identifica- Senator will withhold, I would suggest tion of a backup for GPS. rail. We did virtually nothing. The at- DOT looks forward to working together that we move on to another amend- tack in London occurred just 1 week with DHS and with other interested agencies ment. Senator BIDEN is here, he could before we had a debate on the 2006 in the interest of bringing this issue to clo- proceed with his amendment, and dur- Homeland Security budget. Unbeliev- sure. I will be in further touch to discuss the ing that time Senators could perhaps ably, we approved only $150 million for best process for pursuing this important ob- work something out. rail and transit, with only $7 million jective. Mr. COBURN. I have no objection. going to Amtrak, which carries, by the With best regards. Mr. BIDEN. Mr. President, I ask way, 64,000 passengers per day—hardly, Sincerely, unanimous consent that the pending JEFFREY N. SHANE, I would say, a serious effort. Under Secretary for Policy. amendment be set aside. Just yesterday, in Mumbai, India, The PRESIDING OFFICER. Without there was another attack on rail. So Mrs. MURRAY. Mr. President, what objection, it is so ordered. this letter simply does is make it clear far there are 190 confirmed dead, 714 AMENDMENT NO. 4553 that DOT is willing and ready to dis- people injured. To state the obvious, I cuss this matter, but it also makes Mr. BIDEN. Mr. President, I call up am sure every one of my colleagues clear that there are other issues, espe- amendment No. 4553. feels as I do, but our thoughts and cially in aviation, as the Senator from The PRESIDING OFFICER. The prayers are with those who were Alaska has said, that really have to be clerk will report. harmed in yesterday’s attack. As they The legislative clerk read as follows: worked through as we move toward described in today’s New York Times this, and I ask that we have those con- The Senator from Delaware [Mr. BIDEN] and I am sure every other paper in the proposes an amendment numbered 4553. siderations. Nation, there was baggage and body Again, I hope the language that Sen- Mr. BIDEN. Mr. President, I ask parts strewn for hundreds and hundreds of yards around the site of the explo- ator STEVENS has proposed is some- unanimous consent that further read- thing that can be worked out because I ing of the amendment be dispensed sion. Coincidentally, here at home we think that would be amenable to all of with. are debating again the appropriations us. The PRESIDING OFFICER. Without bill for Homeland Security. Mr. COBURN. Mr. President, I would objection, it is so ordered. I wonder how long we can dodge the just make a couple of points. The amendment is as follows: bullet. I wonder how long it will be Norm Mineta of the Department of (Purpose: To increase amounts for the rail that we can avoid accountability for Transportation signed this report on and transit security grant programs, and what we are not doing to protect our October 21, 2005—the Secretary of the for other purposes) rail and transit system. I don’t know Department of Transportation—the On page 91, line 6, strike ‘‘$2,393,500,000’’ what it is going to take for us to wake Federal Radionavigation Plan. So for and insert ‘‘$3,493,500,000’’. up and take this threat seriously. Cer- On page 91, line 22, strike ‘‘$1,172,000,000’’ tainly everyone understands here at the Department of Transportation to and insert ‘‘$2,272,000,000’’. claim now that they didn’t agree with home that the threat is real and it is at On page 92, line 13, strike ‘‘$150,000,000’’ and home. The FBI has warned us of the this report, when their Secretary and insert ‘‘$1,250,000,000’’. threat to our rails. In fact, the Central his staff signed off on the report, there On page 92, line 16, before the semicolon, is something amiss. There is some insert the following: ‘‘, of which— Intelligence Agency has found photos miscommunication. (i) $670,000,000 shall be for tunnel upgrades of rail stations and rail crossings in What I would like to do is note the along the Northeast corridor; safe houses in Afghanistan. I am sure absence of a quorum in the hopes that (ii) $250,000,000 shall be for passenger and they weren’t doing that for a geog- freight rail security grants; raphy project for their kids. It was I could work with the Senators from (iii) $100,000,000 shall be for research and Alaska and Washington to come to a about looking at targets in America. development of bomb detection technology; Remember when we saw that they compromise on this amendment. and had taken photos of American build- Mr. STEVENS. Mr. President, if the (iv) $65,000,000 shall be for intercity pas- ings, what we did? We immediately mo- Senator will withhold, I would like to senger rail security upgrades, of which bilized our security forces around those make one point with a letter I am $25,000,000 shall be used— buildings here in the United States, be- quoting from, dated April 18, 2006. It (I) to provide a 25 percent salary increase cause we knew if they had photos of was addressed to Assistant Secretary for existing Amtrak Police personnel; and (II) to expand the Amtrak police force by those buildings tacked up on the walls of Policy at Homeland Security, and it 200 officers they must be thinking of them as tar- says: Mr. BIDEN. Mr. President, I realize gets. What do we need? Do we need The future of LORAN should be determined that particularly the Presiding Officer someone from al-Qaida to write us a by reference to the broader national interest. Might LORAN serve as the backup to GPS and my friends from New Hampshire note and say: ‘‘By the way, folks, we contemplated by the mandates of NSPD 39? and Washington State are probably are planning on attacking your rail Apart from its potential as a backup to GPS, tired of hearing me stand up year after system’’? ‘‘We are not going to tell you does its robust, low-frequency, penetrating year since 9/11 and talk about rail secu- when, but we are going to attack your

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7378 CONGRESSIONAL RECORD — SENATE July 12, 2006 rail system.’’ What do we need? What ing terrorists information. I promise vote on it—because it would somehow do we need to be able to jog the—not you, they already know it. You would increase the cost of doing business. It ‘‘conscience,’’ that may be the wrong be stunned how few law enforcement would increase the cost of doing busi- word—jog this body into a sense of re- officers are on duty at any one time in ness. ality? that entire infrastructure. Maybe I am missing something here. We have still done virtually nothing. My amendment simply makes the in- The only thing I can believe is that Since 9/11 the administration invested vestment that the experts who have most of my colleagues also think that over $25 billion in aviation security, testified have repeatedly told us is this is not likely to happen, that these primarily to screen passengers. I voted needed. It would provide an additional guys aren’t going to go after transit, for that, I agree with that—$25 billion. $1.1 billion for rail security upgrades. they are not going to go after freight During the same period, less than $600 Out of this amount we would provide rail, they are not going to go after pas- million has been allocated for rail and $670 million to upgrade the tunnels senger rail. They really don’t mean it transit systems that carry a whole along the Northeast corridor to add so we don’t really have to worry. heck of a lot more passengers. This ventilation, lighting, escape routes, in It reminds me of that Calypso song year’s budget includes an additional $6 some cases cameras, and the ability to that was popular about a decade go, billion for aviation security, which I be able to patrol those tunnels. ‘‘Don’t worry, be happy.’’ support. Only $150 million has been al- I will not take the time because my Yet if we look around the world, located for rail and transit security. colleagues have heard me do it 1,000 bombings and attacks on rail systems Out of the $150 million allocated for times. The tunnel that goes from here are becoming increasingly sophisti- rail and transit funding this year, $7 heading to Boston—in fact, it goes cated. They are carried out by terrorist million went to Amtrak. I don’t think through the State of Maryland, groups. Before 9/11 when we saw these that is a serious effort—again, 64,000 through Baltimore—it was built, I terrorist activities happening in Eu- people a day. think, in 1869. Next time you ride rope and other parts of the world, we I understand you can’t protect every through it, look and see if you see any just seemed impervious to it. ‘‘It can’t single inch of our vast rail structure ventilation. Tell me what you see in happen here. It won’t happen here.’’ but we can do some pretty common- terms of lighting. Tell me what you see I made a speech on September 10. I sense things, some block-and-tackle about any prospect of someone being ask unanimous consent that a copy of things that we know will make us a lot able to escape from that tunnel. Tell it be printed in the RECORD. safer. I can’t stop anyone, nor are we me if you see any security going in and There being no objection, the mate- likely to be able to stop anyone, from out of that tunnel. rial was ordered to be printed in the putting an IED that is fashioned in It seems like a long time ago, I have RECORD, as follows: America on a track somewhere be- been doing it so long, there was a fire U.S. FOREIGN POLICY IN THE 21ST CENTURY: tween here and Wilmington, DE, when in a tunnel. It was just a plain old fire, DEFINING OUR INTERESTS IN A CHANGING I take the train every day. I am not not a rail tunnel, another tunnel going WORLD asking for that. But I will tell you into Baltimore. The fire shut down all My mother wanted me to be a priest or a what we can do. What we can do is go the harbor, and it shut down all of politician, and for the longest time I didn’t to those areas we know are prime tar- south Baltimore. think you could do both. But you can. Any gets, where hundreds if not thousands If you go up into New York, you have rate, obviously not a lot of Irish-Catholics in of people could die if al-Qaida or any of six tunnels sitting under New York this room. their copycat organizations decided to City without any appreciable work Well, what I want to know before we begin is—Chestnut Hill Academy is here, I’m told, move on rail and were successful. being done on any of them since, from Philadelphia. And what I want to know Take a walk over to Union Station. roughly, 1918. Ask any expert about is, when I went to a Catholic boys’ school in Union Station is just down the street ventilation. Why am I talking about Claymont, Delaware, called Archmere, in that direction. I walk to it or drive ventilation? Drop sarin gas in that tun- Chestnut Hill Academy used to occasionally to it every single night the Senate is in nel, drop another chemical in that tun- beat us—more occasionally than was nec- session. I come from it every day. It is nel, and tell me what happens without essary. And I want to know, are you guys the single most visited place in Wash- any ventilation to suck it out. Tell me here in support or opposition? What’s the ington. Do you hear me? The single what you see in those tunnels. Ask deal? Welcome, fellas. I don’t know why you’re most visited place in Washington, DC. those experts what chance there is of here, but it’s nice to see you all here. Thank More people are in and out of that sta- escape. I will go back to that in a you for being here. tion than are at any museum, than minute. It is true, I am now the chairman of the visit the Congress, the White House, There is $250 million to be allocated Foreign Relations Committee—through no the FBI. It is the single most visited to general security upgrades for freight fault of my own. My dad has an expression: place in Washington, DC. rail operations, including transport of It’s better to be lucky than good. I am chair- Take a look. As I say to security peo- hazardous material. I had an amend- man because one man in Vermont decided he ple, get with me on an Amfleet train. ment here on another bill not long ago was going to leave one political party and Not an Acela, because they don’t have giving my party the ability to organize the because I asked the Naval Research In- Senate. For that, I am grateful, but I want the old kind of caboose on it. Stand in stitute, NRI, to answer a question for you to know I understand that this could the last car and look out the window as me. Again, I apologize to my col- change any day. you pull out of the train station. Tell leagues from Washington and New By the way, the president and I agree on a me how many cameras you observe. Hampshire for continuing to repeat lot of things, and we sincerely do. I thought Tell me how many cops you see. Tell this, but I asked the question: What the president’s first trip to Europe quelled a me how many bits of protection— would happen if a chlorine gas tanker lot of concerns and nerves on the part of our whether it is fencing or alarm sys- exploded in a metropolitan area? European friends, who are always upset and tems—that are on the switching de- Remember, I guess it was a year or always nervous with any transition in power in the United States. I think the president vices that are in that yard. Tell me year and a half ago, one exploded up in did an extremely good job in the incident re- how many folks you see wandering the the Dakotas—not near any big city. lating to our, quote, ‘‘spy plane’’ being down. yard where you see trains stacked up, They had to evacuate several towns in I think the president has done some very, where people can cross around just a the region. I said, What would happen? very good things. plain old chain-link fence and put some The standard chlorine gas tanker on I do have a profound disagreement with the C2 up underneath an existing train. rails is about 90 tons. What happens if president’s view of national missile defense Or travel from Washington south. one of those were exploded? They said and whether or not, at the end of the day, it You go underneath the Supreme Court. it would kill or injure up to 100,000 peo- would make us more or less secure. You go underneath one of the House of- At the end of the Cold War, when the wall ple. came down, we found ourselves on the brink fice buildings. Tell me what you see. I had an amendment. Why don’t we of extraordinary changes. All of us were won- Are there any guards patrolling that allow the cities to be able to divert dering what it would mean and where this area? I am not going to say, because these hazardous cars around the cities. would lead. Was it the beginning of some- people will say to me, You are just giv- It got voted down—I actually did get a thing or the end of something? And if it was

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7379 the beginning, were we, the United States, must remain a European power in the 21st sume nuclear testing, not to mention that the only remaining superpower, going to get century. We’ve got to get it right in Europe. moving forward with missile defense could it right? We have to stay engaged in the Balkans—as jeopardize Chinese cooperation on the Ko- On that night, we were all idealists, but a this administration appears to be doing—and rean Peninsula. new day dawned and a harsh reality came bring them, the Balkans, into the European Let me remind you all that there are two into focus. It became clear that long-stand- community. It’s in our naked self-interest. types of modernization they talk about. And ing ethnic, religious, tribunal and national- But let’s understand that our foreign pol- there’s no doubt the Chinese are going to istic divisions had not changed, while Amer- icy is as much about American values as it modernize. But up to recently, what most ica’s place in the world had changed pro- is about complex multinational treaties or people thought the modernization meant and foundly. arcane intricacies of strategic policy. our community thought it meant was mov- From that day on, we inherited a profound When I think of the moral imperative of ing, for example, from liquid fuel rockets to obligation of leadership, and an even more American leadership, I think of an America solid fuel rockets. Moving from systems that profound obligation to get it right in the founded upon the unshakable, bedrock demo- were not mobile at all to more mobile sys- Middle East, in the Balkans, in Europe and cratic principles, but willing to accept the tems. Asia, in our hemisphere, in our commit- principal ideals and cultural dynamics and Not increasing, as the press has reported, ments, our treaties and in our defense pol- genuine concerns of our allies; a nation that 10-fold more than they would have if we icy—missile or otherwise. has a powerful sense of place in the geo- build a national missile defense. Not Now, the spotlight remains on us and is political scheme of things—one that is MIRVing their missiles, meaning put more brighter than ever. We’re at a pivotal mo- tough-minded when it comes to our own se- than one atom bomb or hydrogen bomb on ment when American values and principles curity, yet has broad enough vision and a top of an ICBM. The most destabilizing have taken center stage like no other time strong enough will to contribute to peaceful weapon that exists. in our history in the global theater. How we solutions where age-old strains of nation- I found it interesting, on MacNeil-Lehrer, perform on that stage is as much about our alism and religious-based divisions wreak Secretary Rumsfeld saying that it wasn’t the honor, our decency, our pride, as it is about havoc; a government that doesn’t abandon question of MIRVing that was important, it our strategic policy. arms control treaties with the excuse that was a question of the total number of mis- So before we go raising the starting gun they are relics of the Cold War. siles. that will begin a new arm’s race in the I might note parenthetically, I think many Well, George—President Bush, the first world, before we dip into the Social Security of those uttering that phrase are in fact President Bush—understood that it was more trust fund to satisfy the administration’s al- themselves the relics of the Cold War. They than that. We fought for years and years to most theological allegiance to missile de- have not come to understand the wall is do away with the big SS–18 Soviet missiles. fense at the expense of more earth-bound down and the last time they were in power it Why? Because they’re what we saw, I say to military and international treaties, before was up. Half this city doesn’t realize that. the gentleman from Chestnut Hill Academy, And not abandon these agreements as rel- we watch China build up its nuclear arsenal they’re what we call a use-or-lose weapon. and see an arm’s race in Asia and in the sub- ics of the Cold War because it’s (inaudible) to Because they have such an incredible con- continent, before we squander the best op- honor them because we’ve negotiated them centration of power, you assume that they portunity we’ve had in a generation to mod- in good faith, we signed and ratified them, will be struck first. Therefore, if there is a and because they have stood the test of time ernize our conventional nuclear forces, let’s warning that you’re under attack, which in serving our national interest and other look at the real threats we face home and sometimes they’re mistaken, they’re on a nation’s expect us to keep our promises; a abroad. Let’s re-engage and rethink and hair trigger and you must launch them or unique and strong nation that isn’t confused meet our obligations with a strength and re- lose them. about its role and responsibilities and solve that befits our place in this new world. That’s why we’re so fearful that the Rus- American foreign policy should not be doesn’t walk away from the table, but sits sians will keep their MIRVed systems, be- down, rolls up its sleeves and convinces the based primarily on the principle of national cause they have such a porous defense sys- world of our position; a nation that thinks self-interest that defines strength as rigid tem. They have such a porous early warning big and sees freedom in global economic adherence to inflexible theory, or positive system. And as a nun I used to have would growth as consensus ideals. results as emotionally satisfying unilateral I think of America vastly different—so un- say, in a slightly different context, ‘‘the only action. burdened of the old Cold War fears and feel- nuclear war that’s worse than one that is in- I don’t believe our national interests can ings that it’s willing to do a little soul- tended is one that wasn’t intended.’’ be furthered, let alone achieved, in splendid In Seoul, I spoke with President Kim Dae- searching. Are we a nation of our word or indifference to the rest of the world’s views not? Do we keep our treaties or don’t we? jung of South Korea about ways to bring of our policies. Our interests are furthered Are we willing to lead the hard way, because North Korea, which is the new bogeyman when we meet our international obligations leadership isn’t easy and requires us con- that we’re all looking at now, which is the and when we keep our treaties. They’re vincing others? Diplomacy isn’t easy. Multi- justification for this pell-mell race to furthered when we maintain an unequal mili- lateral policy initiatives aren’t easy. produce the international missile defense, tary, able to deter any threat at any place at Or are we willing to end four decades of how to bring them into the family of na- any time and anywhere, when we keep our arms control agreements to go it alone—a tions. economy strong, when we make wise choices kind of bully nation sometimes a little He urged me to encourage the administra- that solves real problems, when we stand wrong-headed, but ready to make unilateral tion to engage North Korea in senior-level bound together as democracies—multi-ra- decisions in what we perceive to be our self- dialogue and not allow a theological com- cial, multi-ethnic, multi-religious beacons of interest, and to hell with our treaties, our mitment to missile defense to blind us to the hope—not some dark house next door. commitments and the world? prospects of signing a verifiable agreement President Reagan’s image of a ‘‘shining Are we really prepared to raise the start- to end North Korea’s development, deploy- city on a hill’’ held out America as an ideal ing gun in the new arms race in a potentially ment and export of long-range missiles. to millions and millions of people around the more dangerous world? Because, make no Yesterday, Dr. Rice, on Meet the Press— world, a nation that reaches out to its allies mistakes about it, folks, if we deploy a mis- she and I were on Meet the Press—she talked and adversaries alike, with undiluted, un- sile defense system that’s being con- about how ubiquitous these long-range mis- equivocal message that democracy works, templated, we could do just that. sile systems were. I don’t know what she’s freedom is worth the fight, and that America Step back from the ABM Treaty, go full talking about. We’re getting briefed by two will always be a reliable friend of those who steam ahead and deploy a missile defense different groups of CIA people, I guess, be- take the risk of achieving the goals of de- system, and we’ll be raising the starting gun. cause none of these rogue nations have that mocracy. If the president continues to go headlong, capacity yet. They may get it. It is maybe We can’t forget or simply disregard the re- headstrong on this theological mission to de- within their reach, but it does not exist now. sponsibilities that flow from our ideals. We velop his missile defense system, if he does If we spur on an aggressive Chinese build- can’t lose sight of the fact that leadership what he says and drops objections to China’s up, including the need to test—and you know requires engagement, and partnership de- missile buildup, not only will we have raised why they will have to test. When you put mands inclusivity. Let there be no mistake, the starting gun, we’ll have pulled back the more than one—I know most of you know America must remain at the table because hammer. this, but it’s worth repeating—you put more walking away comes at a price. Our Euro- Let’s stop this nonsense before we end up than one atom or hydrogen weapon on top of pean allies should never think that America pulling the trigger. a rocket, it requires more throw weight in ignores international opinion or that we’re China now has about 20 intercontinental that rocket. It has to be more powerful. ready to go it alone when we feel like it. ballistic missiles, but according to press re- So practically what you have to do is you They should never think that our commit- ports, the National Intelligence Council have to make smaller, more compact missile ment to a vital multi-national institutions, thinks that China might deploy up to 200 warheads. And in order to be able to be sure or projects, which are built upon common warheads, develop sophisticated decoys and they work, you’ve got to test them. So if, in values and common concerns—and that in- perhaps move to multiple warheads in re- fact, the Chinese are going to move to a cludes NATO—has diminished. sponse to a missile defense system. modernized system that requires—that’s We became a European power in the 20th It seems to me it’s absolute lunacy for us going to contemplate MIRVed ICBMs, century, and out of our self-interest, we to invite China to expand its arsenal and re- they’re going to have to test.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7380 CONGRESSIONAL RECORD — SENATE July 12, 2006 That’s why I got so upset by the statement tary priorities, which we’re not debating or and defensive system that we know works read by the press account that we appeared doing right now. And in truth, our real secu- before we deploy it. And we should amend to be willing to trade off, in return for them rity needs are much more earthbound and far the ABM Treaty and not walk away from it. not objecting to our building the national less costly than national missile defense. Having said that, let’s put the cost and the missile defense system, the possibility that If you combine the $1.3 trillion tax cut effectiveness of this missile defense system we would look the other way when China with what we’ve spent on a full-blown mis- being discussed today in some context so tested and that we understood they were sile defense shield, we could start to mod- that everyone understands exactly what going to have a considerable buildup. ernize our conventional forces, build a we’re talking about. The cheapest realistic That’s what I call a self-fulfilling proph- stealthier, more mobile, more self-sufficient system suggested, national missile defense esy. military that I believe is needed in the 21st system, limited national missile defense sys- And let me ask you the question: Consider century, and make significant impact on rec- tem suggested by this administration, which what India is likely to do if China tests. tifying what is going to be a gigantic prob- relies on the same midcourse interceptors Those of you who know the subcontinent lem in 10 years in Social Security. the Clinton administration proposed, would know that there’s been an incredible polit- Let’s be clear: When it comes to defense, cost at a minimum $60 billion over 20 years ical tug to have another test of their, quote, it’s not the president’s missile defense or and most suggest it would be closer to $100 ‘‘hydrogen weapon,’’ because they believe nothing, as the way it’s being posed. We billion. the world does not believe that they success- should improve military personnel retention And remember, this is only for a system that’s incapable of shooting down a missile fully tested one, and they want the world to and overall readiness; bring on the next gen- carrying biological weapons, incapable of believe they have one. eration of fighter aircraft, the next genera- shooting down a missile carrying chemical And what do you think happens when India tion of helicopters, the next generation of weapons, at least for now incapable of shoot- tests, if China tests? destroyers; and be fully prepared for the next ing down a missile with an unsophisticated What do you think happens in Pakistan? generation of engagement. tumbling warhead that will look just like a Pakistan, I believe, would ratchet up its pro- And while we’re at it, we may fix the tumbling trajectory. plumbing in the barracks at Taipei, which I duction. And consider that Taiwan, the two In order to combat what are known as Koreas or Japan or all of them could build just visited, which the night before I came, countermeasures, such as those decoys or their own nuclear weapons. Japan has the because they are so aged and we don’t have the submunitions that carry biological weap- capacity within one year to become a nu- the money to fix them, they had to bring in ons, the administration proposes a layered clear power. water hoses from outside to allow the women defense. That means, a missile defense that That greatest generation that Tom and men in there to be able to shave, to be begins with a boost phase interceptor, that Brokaw speaks of, my mother and father’s able to use the bathrooms, let alone drink is, catching the rocket as it takes off from generation, did two incredibly good things, any water. Visit the conditions in which our behind, at its slowest point and nearest and I mean this as not an insult, to particu- active military are living now—two and point; continues with a midcourse inter- larly my German friend. Germany is a non- three in a room. You think when you drop ceptor, that is, getting it out there in the at- nuclear power and Japan is a non-nuclear your kid off at a college dormitory and mosphere and a bullet hitting a bullet; and power. That’s good for the world. I want to you’re paying 30 grand to send him to a pres- finishes with a terminal defense as it’s com- be no party to setting in motion a series of tigious school is hard to take, take a look at ing down. events that will cause the Japanese Diet to the conditions they live in. And why are we Now, you think the midcourse system reconsider whether they should rely upon not responding to it? We don’t have the we’re working on is expensive. Help me cal- the nuclear umbrella of the United States. money, we are told. culate the cost of a layered missile defense, And as the former chancellor of Germany, My dad used to say, and still says, ‘‘Son, if where we haven’t even begun some of the re- Helmut Schmidt, once said to me, sitting in everything is equally important to you, search. his office 15 years ago, he said, ‘‘You don’t nothing is important to you.’’ Our priorities, One recent estimate for that system is a understand, Joe, my son’s generation does I think, are a little out of whack. I’ve said, quarter trillion dollars, and I think that, not feel the same sense of obligation or guilt and I’ll say it again, we should be fully fund- too, is a conservative figure, because the that mine does.’’ ing the military and defending ourselves at truth is that the administration has yet to Are we so dead set positive that a missile home and abroad against the more likely comprehend the full complexities and the defense system furthers our national interest threats of short-range cruise missiles or bio- technological challenges of a layered de- that we’re willing to risk an arms race? So logical terrorism. fense. If you doubt me, ask folks like Gen- sure of the science that we’re willing to Last week, the Foreign Relations Com- eral Welch and others who used to run the weaponize space and nuclearize Asia? mittee began hearings on how to build a so- show. Are we so sure of the feasibility that we’ll called ‘‘homeland’’ defense and to protect In my view, that full-blown layered missile divert potentially hundreds of billions of dol- our military from bioterrorism pathogens defense system, which doesn’t address a sin- lars from the real needs of our military? and chemical attacks; on how we can deploy gle real issue on the ground, is more likely Look, the fact is we could weaponize space a missile defense system that doesn’t trade to cost a half a trillion dollars. And what or we could buy 339 F–22s to replace our off conventional modernization of our mili- will it get us? For half a trillion dollars we aging F–15 fleet for $62 billion. We could retary for a fantasy of some system that re- may get a layered defense system that’s not place aging F–16s, A–10s, A–14s with a Joint mains more flawed than feasible; on how we been defined yet. If it includes space-based Strike Fighter for the cost of $223 billion. We can jump-start the destruction of Russia’s lasers, you’ve now weaponized outer space, could replace the Cobra and Kiowa warrior massive chemical weapons stockpile and se- which invites other countermeasures to at- helicopters for $39 billion. I could go on and cure all our nuclear materials. tack the satellites on which we depend for on. The very day they send up a budget that information and communications. But in short, we could provide our Army, tells they are going to increase by 8-point- But it still won’t be 100 percent effective. Secretary Rumsfeld, speaking about our na- our Navy, Air Force and Marines virtually some billion our missile defense initiative, tional missile defense system on the Lehrer everything they need in the immediate fu- they cut the program that exists between us NewsHour earlier this year, said that a sys- ture for a more stealth, more significant lift and Russia to help them destroy their chem- tem would not have to be 90 or even 80 per- capacity military to deal with the real ical weapons, keep their scientists from cent effective, but only 70 percent effective. threats we face and still spend less on all of being for sale and destroy their nuclear Secretary Rumsfeld, in referring to a, quote, that than we will spend on the national mis- weapons. ‘‘0.7 success rate,’’ said, and I quote, ‘‘That’s sile defense system. I’ve said, and I’ll say it again, we should plenty.’’ We’re facing a difficult budget fight with a work with Russia and China and all of our al- Folks, 30 percent failure for any national consequence of the turndown in the econ- lies to stem proliferation of weapons of mass defense system could be called plenty of omy, the business cycle, the $1.3 trillion tax destruction; we should try to rely on some things, but plenty successful is not one of cut, or all of the above, and we can’t have mutual deterrence, rather than thinking we them. Think about it. our cake and eat it too. The administration can replace it, because, in fact, deterrence (Applause) would like us to think it’s all possible, but works. Let’s say President Richard Ryan becomes it’s not all possible. We should support research and develop- president of the United States. And the head According to the Congressional Budget Of- ment in boost phase interceptors that would of a rogue state tells him, which is how the fice, we may have already dipped into the avoid the countermeasures and would be scenario goes, ‘‘I’m invading my neighbor- Social Security trust fund, which we used to more acceptable to Russia and China, lim- hood today. And if you try to stop me, I’ll do regularly in years past, but which we all iting the possibility of ending Russia’s ad- fire my ICBMs at you.’’ Never mind that he promised we wouldn’t do anymore, we would herence to START II and lessening the pros- won’t do that because he knows he’d be anni- have a lock box. And that $21 billion or more pects of a new arms race in Asia than what hilated within a matter of 30 minutes. But will be consumed from that lock box in the we are now proposing. President Ryan turns to his national secu- next three years. This is a very different eco- We should strive through hard-nosed diplo- rity adviser, as I always do, Carl Wiser, and nomic picture than projections of just a few macy to delay and eliminate the long-range says, ‘‘Carl, what do I do?’’ months ago. ballistic threat by ending North Korea’s pro- And Carl says, ‘‘Don’t worry, we have a Missile defense has to be weighed carefully gram and its sale of long-range missile tech- missile defense system. And unlike Rums- against all other spending and all other mili- nology. We should build a combined offensive feld’s 0.7, ours is 0.9 effective.’’

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7381 President Ryan says, ‘‘Oh. There’s a 10 per- Sure, we’ll do all we can to defend our- from a long, bad dream into a new era in cent chance then of losing Detroit?’’ selves against any threat, nobody denies which old values and old prejudices would no And Carl says, ‘‘Well that depends. If they that, but even the Joint Chiefs says that a longer prevail, and new values and new fire seven missiles, the odds of losing at least strategic nuclear attack is less likely than a ideals, wherever they were to be found, one city will be 50–50. Because guess what: 0.9 regional conflict, a major theater war, ter- would be found and make us all more secure. means that not 90 percent fired will get rorist attacks at home or abroad, or any Folks, let’s not now raise the starting gun through, 0.9 means that for every missile number of other real issues. We’ll have di- on a new arm’s race that is sure, I promise fired, that single missile has a nine out of 10 verted all that money to address the least you, to make my children and my grand- chance of getting through. You get to seven, likely threat, while the real threat comes to children and these students assembled here it’s about a 50–50 chance that one gets this country in the hold of a ship, the belly feel less secure than we feel today. through. If you do the 0.7, you fire two mis- of a plane, or smuggled into a city in the Thank you very much for listening. siles, there’s an equal chance one is going to middle of the night in a vial in a backpack. Mr. BIDEN. On September 10, the day get through.’’ And I ask you, you want to do us damage, before the attacks on the towers, I So now President Ryan says, ‘‘You know, are you more likely to send a missile you’re made a speech to the National Press these guys that designed this system are not sure can reach us with a biological or Club where I warned about a massive right. This enables me to not be chemical weapon because you don’t have the attack on the United States of America blackmailed. I’m supposed to feel like I have throw weight to put a nuclear weapon on it freedom of action thanks to this defense.’’ and no one’s anticipating that in the near from terrorists; why I thought it would And Carl says, ‘‘Hey look, Rumsfeld told term, with a return address saying, ‘‘It came happen and why I thought our prior- Jim Lehrer that 70 percent effectiveness from us, here’s where we are?’’ Or are you ities were misplaced—the day before 9/ would be enough, at least initially. And with more likely to put somebody with a back- 11. I had no knowledge of 9/11, but I that system there’s a 50–50 chance of losing pack crossing the border from Vancouver have been working in this field, like at least one city if that rogue state fires two down to Seattle, or coming up the New York my colleagues on the floor, for 30 missiles. We’re better off than we were.’’ Harbor with a rusty old ship with an atom years. There was an inevitability to it. And I assume that this scenario which they bomb sitting in the hull? Which are you lay out means, where Ryan is president, he’s But we did nothing. more likely to do? And what defense do we I feel like we are in that same ‘‘Alice going to say, ‘‘You know, I really have some have against those other things? flexibility now. I’m only going to lose De- Watch these hearings we’re about to have. in Wonderland’’ suspension when it troit or San Francisco or Cleveland or Dal- We don’t have, as the testimony showed, a comes to rail. It is either it is so big las, so I can really move here with dispatch. public health infrastructure to deal with the you can’t protect everything so don’t I’ve got flexibility. I don’t have upon deter- existing pathogens that are around now. We protect anything—like it was before. rence.’’ don’t have the investment, the capability to Our country is so big and so open there Now, I know you think I’m being a wise identify or deal with an anthrax attack. We is nothing much we can do about ter- guy here, but sometimes it’s useful to reduce do not have, as Ambassador to Japan now, ror. And the second subparagraph be- this complex nuclear theological discussion Howard Baker, and his committee said, the fore 9/11 was: By the way, it is not like- to reality. If I’m president, does that give me ability to curtail the availability of chem- more flexibility? ical weapons lying around the Soviet Union, ly to happen here. Does that allow me to say, ‘‘I’m only going the former Soviet Union and Russia, because Why? Why is it not likely to happen to lose one or two population centers, there- they don’t know what to do with it. here? fore I have more flexibility to do anything They showed us a report where they There is $250 million to be allocated other than say, ‘If you do, we will annihilate showed us photographs of things that look to general security upgrades for freight you’?’’ like large outhouses, clapboard buildings, rail operations. That includes things I also find it fascinating, this whole with no windows and padlocks on the door, like putting cameras in freight yards premise is based upon the notion that de- that have as many chemical weapons in that so you have somebody watching who is fense no longer works. Deterrence no longer building to destroy the bulk of the East wandering around those yards and works. Coast—and we’re not spending the money to Now, I say this, and there’s a television au- help them corral and destroy that in the maybe sticking something up under- dience listening: Help educate me. Name me name of this search? The cost estimate was neath 90-ton chlorine gas tanker cars a time in the last 500 years when the leader $30 billion over 10 years in this bipartisan or putting in a boxcar a dirty bomb, a of a nation-state has said, ‘‘I know I face vir- commission, and it was listed as the most ur- home-made weapon. tual annihilation if I take the following ac- gent threat to the United States of America. It also provides $65 million to go spe- tion, but I’m go ahead, and I’m going to do The truth is, technology will keep out- cifically to Amtrak security upgrades it anyway.’’ pacing our capacity to build an effective sys- for hiring officers. We had an inter- Saddam Hussein, the certifiable maniac— tem, which may well be obsolete or pen- esting thing. We have a relatively when George I said to him, ‘‘If you do we will etrable by the time it’s done. And that take you out,’’ what did he do with 500,000 means we’ll continually increase our capa- small number of officers on Amtrak. If forces marching on Baghdad? He had those bility, and in turn, so will those who are try- you go from here to fly out of Reagan Scud missiles everybody talks about as a jus- ing to penetrate it. And so the new arms race Airport, if you go out of Dulles or tification for building the system. He had begins. Reagan Airport or the Philadelphia air- chemical weapons. He had biological weap- Forty-nine Nobel Prize-winning scientists port or LaGuardia or Newark or L.A. or ons. Why did he not use them if deterrence sent a letter to President Clinton last year O’Hare or Atlanta, you are going to go does not work? opposing the deployment of the limited anti- I just find the basic premise upon which through, en route to your gate, prob- ballistic missile system the president was ably as many security officers, includ- this whole argument rests and the sense of contemplating, and I’ll quote from the let- urgency a little wanting. Think about it. We ter. Quote: ‘‘The system would offer little ing the folks inspecting your bags, as will have spent potentially up to a half a protection, would do grave harm to this na- exist in all of Amtrak. trillion dollars for a system that might work tion’s core security interest,’’ end of quote. Did you hear me? Let me say that nine out of 10 times, assuming the adminis- They went on to say, and I quote—these again. tration knows how to build it, that, one, are now, we’re talking about 49 Nobel laure- I guarantee you that going through won’t give the president the freedom of ac- ates—‘‘We and other independent scientists the screening area you are going to run tion. have long argued that antiballistic missile into not just the people looking at you One, that won’t give the Pentagon what it systems, particularly those attempting to in the area you go through, but you are really needs, won’t modernize our conven- intercept reentry vehicles in space, will in- tional forces, and without being able to say, evitably lose in an arms race of improve- likely to run into more TSA screeners ‘‘Yes, we’ve saved Social Security for even ments in offensive capability.’’ than exist in any one station in the one more day.’’ That’s the system we’re That night in 1989 when the wall came United States of America. going to build. down and we wondered where it would lead, I received a note indicating that I am Remember now, folks, they don’t know another arms race was the furthest thing needed urgently. If I could suspend for what it looks like, they don’t even have it on from any of our minds. The idea that our al- a minute and come back and pick up paper, they have tested a system in one lies would question our commitment and our where I left off, I suggest the absence mode that, God bless our incredible tech- resolve, even our motives, was unthinkable. of a quorum. nology, it worked, and I vote to pay for them Our place in the world seemed secure. The to continue to do that research. But they’re (Ms. MURKOWSKI assumed the Chair.) world was looking to us to demonstrate lead- Mr. GREGG. Madam President, rath- willing to pull out of an ABM Treaty that ership, and it still is. sends the signal to the rest of the world the Let’s think about how we felt that night. er than suggesting a quorum, I will end of arms control has arrived. And what The feeling that something good was hap- protect the Senator’s position. protection do we have in the near term, let pening and something even better was on the Does the Senator have a modification alone down the road? horizon. It was as if the world had awoken to his amendment?

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7382 CONGRESSIONAL RECORD — SENATE July 12, 2006 AMENDMENT NO. 4585, AS MODIFIED was an unusual request—an urgent cember. It found, in respect to our Na- Mr. COBURN. I do. I have a modifica- message which turned out not to be ur- tion’s critical infrastructure, the fol- tion of amendment No. 4585. gent. I apologize. lowing: The amendment will remain intact The point I was making is $65 million No risk and vulnerability assessments have with the following added at the bottom goes specifically to Amtrak security actually been made, no national priorities which says ‘‘except in Alaska, far upgrades. Specifically, things such as established, no recommendations made on Northwest, and far Northeast Conti- hiring officers, increasing K9 patrols, the allocation of scarce resources, and all nental United States of America.’’ increasing fencing, lighting, and cam- key decisions are at least 1 year away. I want to be clear that the RECORD eras in areas where the security ex- It is time that we stop talking about show what that means; that is, they perts indicate they are badly needed. priorities and actually set them. can dismantle LORAN everywhere ex- There is $100 million for R&D. I will With this amendment, we establish cept there. And that would protect spe- not take the time of the Senate to go rail security as a priority. cifically Nantucket, Caribou, George, into any of the ways in which to deal I urge my colleagues to finally, for and all six in Alaska. The study would with tunnels and innovative ways to Lord’s sake, deal with this. At any one still go forward for those areas only, deal with detection of chemicals, et moment today in New York City, there not for the rest of the country. The dis- cetera, and biological agents. will be, in an aluminum tube in a tun- mantling of these areas that are not Before I close, I would like to point nel underneath that city or standing used would be able to continue as the out a very troubling problem relating on a platform, over 20,000 people. How administration and the Federal Radio to rail police which this amendment many people are on a 747—500, 600? I Navigational Plan suggests. addresses. We are all aware of the prob- don’t know the number, but 20,000 peo- I ask unanimous consent that the lems that this agency faces due to ple in a relatively confined space at amendment be accepted. budget shortfalls. In particular, the po- any one time sitting in aluminum The PRESIDING OFFICER. Without lice force is woefully inadequate for tubes in tunnels where there is vir- objection, the amendment is so modi- the job it is assigned to do. The amend- tually no protection—and standing on fied. ment would add 200 Amtrak police offi- platforms. We all go to New York. Go The amendment (No. 4585), as modi- cers and will provide a 25-percent sal- on up there and look at Penn Station. fied, is as follows: ary increase for existing officers. Get off the train. Walk around and tell After section 539, insert the following: You ask: Why is that the case? This me how many police officers you iden- SEC. 540. None of the amounts available or tify. You will find more in your home- otherwise available to the Coast Guard under funding is critical because the Amtrak title II of this Act under the heading police department cannot pay anything town. ‘‘UNITED STATES COAST GUARD’’ under the remotely approaching the competitive We have to do something. heading ‘‘OPERATING EXPENSES’’ may be obli- wage rate of other police officers. This I thank my colleagues for listening gated or expended for the continuation of op- contributes to an incredibly high turn- to me once again. I hope I will not erations at Long Range Aids to Navigation over. make this speech again next year as a (LORAN) stations nationwide, except in An entry-level Amtrak police officer consequence of another serious rail at- Alaska, far northwest, and far northeast con- makes only $31,000 with a maximum, tack. I pray to God it is not at home. tinental United States of America. no matter how long he or she stays on I yield the floor. I thank the Chair. Mr. STEVENS. Madam President, I the force and no matter what responsi- Mr. GREGG. Madam President, the say to my friend, I do support his bility, of $51,000. By contrast, a Boston Senator from Delaware makes a strong amendment now as amended to pre- police department entry-level officer and effective case for the need of serve the rights of people who cur- makes $49,000, and a U.S. Capitol Police stronger rail security. He puts it in the rently rely on the LORAN–C—the officer entry level makes $46,746. context of what is happening in other LORAN system, not just the LORAN–C. This presents a problem with recruit- nations, what has happened in England Thank you very much. ing and turnover. or what happened yesterday in India. Mr. GREGG. Madam President, is Between 1997 and 2003, Amtrak lost There is no question—and the most re- that amendment pending? cent instance that was potentially here The PRESIDING OFFICER. The 190 of its officers, with only 20 percent in the United States involving New amendment is not pending. to retirement, and hired only 184. As a Mr. GREGG. Madam President, I ask result, Amtrak has only 300 officers in York. There can be no question but unanimous consent that the amend- the entire system nationwide, 20 per- that rail is a threatened infrastructure ment offered by the Senator from Dela- cent below its inadequate authorized and a target of opportunity. The problem with his amendment is, ware be set aside and the amendment level. as he knows, we are constricted by cer- which has just been modified be pend- I have been working with the Amtrak tain rules that we have in allocation. ing. police department and the Fraternal The PRESIDING OFFICER. Without Order of Police for some time to ad- We funded rail security at more than objection, it is so ordered. dress the disparity. we funded last year—not a lot more Mr. GREGG. Unless there is objec- This amendment sets aside $25 mil- and certainly nowhere near what the tion, I ask unanimous consent that lion to add 200 police officers and gives Senator from Delaware has asked for. amendment be agreed to. existing officers a 25-percent pay raise. But we have used up all the alloca- The PRESIDING OFFICER. Is there And still they will not be competitive tion to take care of what we consider objection? Without objection, it is so enough relative to other agencies. to be appropriate needs that have to be ordered. This funding is critical. We have ne- addressed—threat issues, mass destruc- The amendment (No. 4585), as modi- glected rail security since 9/11, and we tion, border security, and things we fied, was agreed to. have had wake-up call after wake-up have already discussed. Mr. COBURN. Madam American, I call. His amendment, as it is structured, thank the chairman and ranking mem- This year, just as last year, our would add $1 billion on top of what we ber for the acceptance of the amend- strong ally has experienced a deadly have received as an annual allocation, ments today and the cordial way in attack at the same time we are ad- which means that it would break other which they have worked with us. I ap- dressing homeland security appropria- allocations, exceed the agreed-to num- preciate it very much. tions at home. I pray to God that next ber, and that is something we can’t do. Mr. GREGG. I thank the Senator. year, as we address this, we are not re- As much as I recognize the legit- AMENDMENT NO. 4553 sponding to what might happen to our imacy of many of the points he makes, Madam President, is the regular rail system. I think it is, however, important to put order the admendment proposed by the When are we going to wake up? in context what is happening in rail. Senator from Delaware? I would like to draw attention to the The number in this bill—and we have The PRESIDING OFFICER. The 9/11 Commission’s report card issued about $187 million for rail security—is Biden amendment. this past December. not the only commitment to rail. In Mr. BIDEN. Madam President, I I think it was December 5. Don’t hold fact, if you look at the amendment thank my colleagues. I apologize. It me to that exactly, but it was in De- that the Senator from Delaware has

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7383 put forward, a big chunk of the money, way we should approach this? It is not from New Hampshire just made, a little I think, goes to tunnel security or to break the cap. It is, rather, to tie it akin to the false argument about other construction. We talked about it to a fee system, much as we have done whether, of $740 million allocated in quite a bit. Amtrak and the northeast with the airlines. the last round, there should be a 40-per- corridor, which is Amtrak, gets its The Senator from Delaware men- cent cut in money for New York and funding through another sub- tioned the airlines. We have a transpor- Washington to be sent to St. Louis and committee. That subcommittee has, in tation fee in the airline system, which Omaha. The question isn’t whether it its appropriation, a lot of money for essentially funds the TSA activities should have been cut to be sent to Amtrak. In fact, it has $770 million for which involve a lot of capital activities Omaha, the money is needed in New capital improvement which can be used in the area of airport security and ob- York and Omaha and in St. Louis. viously all the personnel. There are 22 for tunnel security. The debate should be, why are we million people who ride Amtrak. If you It has $440 million, I believe, for oper- only spending, in that allocation, $740 put a $5 transportation fee on their ating costs which can be used for secu- million? The single most primary and rity. That comes through a different tickets, which is about the same as the airline fee, that would generate almost primitive function of Government is to committee. And it is available for protect its citizens, to physically pro- many of the things which these dollars exactly the amount of money the Sen- ator from Delaware is requesting. tect them. In my view, it comes before would be used for. civil rights, civil liberties. It comes be- In addition, I think it is important to If the Senator wanted to bring his fore education. It comes before health note how our priorities are set by amendment back with that type of a care. If you are not safe in your home, States and communities which have a fee system which would allow for the safe in your street, safe in your Nation, large amount of rail and get the funds extra money and then allocate it the the rest of it does not matter a whole which we give them with great flexi- way he is suggesting it be allocated, lot. bility to be used to address threat. We rather than these other sources of rev- distribute billions of dollars under this enue, I could agree to that, potentially. So we get into a false debate. Take bill and the prior homeland security But in its present form as a cap buster, Amtrak, all the money in Amtrak, $740 bills to major urban areas, especially as a budget buster—because it takes million for capital expenditures. That along the northeast corridor. Those the top off the appropriations bill—we $740 million for capital expenditures funds go out on the basis of threat. And cannot agree to this. still leaves Amtrak about $4.5 billion communities such as New York, Wash- It is not that we do not feel there behind on capital needs. What are we ington, Baltimore, Boston, and Phila- aren’t needs there. There are needs talking about? Rail maintenance, rail delphia have the opportunity to use there, but we feel there are other improvement, the catenary wire above those funds for rail security, if they sources to fund those needs. We feel we it, the actual cars, the actual engines wish to. But what we have seen from make a strong commitment, relative that have to be upgraded. We have to rail in this bill in the context of these communities is that they don’t forced Amtrak, by underfunding so what has been done historically, and to prioritize rail security at that level. badly for so long, to cannibalize its the extent the Senator from Delaware They use it for other things. own system in order to be able to pay For example, in 2005, of the grants feels an even stronger commitment has salaries to keep the trains operating. that went to States and to commu- to be made beyond what Amtrak and There is no money. cities and towns have as discretionary nities, they spent only 2 percent of It is a little bit similar to my saying, their discretionary pool on rail secu- funds and beyond the $187 million in this bill, should do it the same way we in the education budget, there is a rity; in New York, a little more, 12 per- are doing it with TSA, which is to use whole lot of money there in order to be cent. But on average, it was 2 percent. able to provide for eliminating the ad- The State of Washington actually a fee system. Those are our thoughts. It is subject to a point of order be- ditional cost of the loans to college was the most aggressive. They spent 29 cause it is $1 billion over the budget students because the education budget percent of theirs on transportation se- and would essentially blow the 302(b) has X number of dollars. That means curity. In the largest urban areas, the cap. At the proper time, I will make you have to go cut something out of average has been around 8 percent. that point of order, unless it is amend- education that is already underfunded. Communities which have the oppor- ed. I find it to be a false argument. tunity to make the choice, do we put it Mr. BIDEN. Will the Senator permit The point about the basis of the into our subway systems and bus sys- me to respond, briefly? tems or do we put it into some other Mr. GREGG. The floor is the Sen- threat, I know of no other area where area where we see threat, we have de- ator’s. there has been as many consistent, spe- cided that their commitment will be at Mr. BIDEN. I ask unanimous consent cific threat assessments made by the this fairly small level of the overall Senator CLINTON be added as a cospon- FBI, by the CIA, by our intelligence dollars that are available. But the dol- sor. agencies than rail. I may be mistaken, lars are there in rather large sums—lit- The PRESIDING OFFICER. Without but I am happy to stand corrected if I erally billions of dollars—and $5 billion objection, it is so ordered. am wrong. The threat is there. approximately is still in the pipeline Mr. BIDEN. Madam President, let me Lastly, TSA does not pay for the which could be used in these areas. deal with a piece at a time, to the co- doors on the aircraft. We still spend There are other resources that can go gent arguments my friend from New billions and billions of direct dollars in toward rail. Hampshire has made and thank him for taxpayers’ money. Again, it sounds Those that are specific, such as the the acknowledgment that there may be good but irrelevant. Amtrak funding that will come a need to do more on rail. through for capital improvement, $770 First of all, I find the whole debate The arguments are very well made million out of the Transportation bill about homeland security, which is be- and very irrelevant. We are still only or the operating account, which is $440 yond the purview of this debate, some- spending about $150 million. million, or those which are more gen- what fascinating. The 9/11 Commission You say: Well, the States have this eral but could be reallocated toward tells us we should be spending over $42 money. What have they chosen to do? rail, which are the city and State dis- billion over the next 5 years to deal Guess what. How much money have the cretionary funds. So there is money with what they believe and identify as States had to spend on airport security and a lot of it that is available to move serious threats which are woefully in- when they choose that? The Federal in this direction and address these adequate, where they give the mark to Government has come in and taken on needs. the Congress and the Senate of a D or th lion’s share of that responsibility. I Assume for the moment there is not an F, in terms of how they grade the am confused. Why does Reagan Air- enough, which is the argument of the area of concern. We are $42 billion be- port, which has fewer people visiting Senator from Delaware. I am willing to hind the curve to begin with. every day, have a higher priority than accept that more money could cer- I find the argument, by the way, a Union Station? I don’t get that. I don’t tainly be used in this area. What is the little akin to the argument my friend understand that.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7384 CONGRESSIONAL RECORD — SENATE July 12, 2006 The bottom line is, we do not have should we be spending to protect the Mr. THUNE. Madam President, I ask the commitment to deal with this. I ac- American people, my guess is a whole unanimous consent that reading of the knowledge, as the chairman of the sub- lot of things, including some social amendment be dispensed with. committee, my friend gets an alloca- programs, would come after a basic The PRESIDING OFFICER. Without tion. But, again, that is a false argu- fundamental requirement to protect objection, it is so ordered. ment. It is true he gets an allocation. the American people from what we are The amendment is as follows Why is the allocation not bigger? The told is a reasonable probability that it (Purpose: To establish a program to use allocation is not bigger because our will happen. amounts collected from violations of the priorities in this country are back- I accept everything my friend said in corporate average fuel economy program ward. terms of the caps, et cetera. I acknowl- to expand infrastructure necessary to in- Let me give one example, and I real- edge this, in fact, would be subject to a crease the availability of alternative fuels) ize it is just one. About a month ago, point of order. I find it frustrating I am On page 127, between lines 2 and 3, insert we had the six major oil companies be- consistently left in the position of hav- the following: fore the Judiciary Committee. During ing to argue. It is a little bit similar to SEC. 5ll. ALTERNATIVE ENERGY REFUELING SYSTEMS. that time, the chairman, Republican what we used to do in local office. You cut the budget, and we would make the (a) ESTABLISHMENT OF FUND.— Chairman Senator SPECTER—and the (1) IN GENERAL.—There is established in the issue was price gouging—swore all six hearing impaired compete with the Treasury a fund, to be known as the ‘‘Energy CEOs in under oath. Everyone asked physically impaired, who compete with Security Fund’’ (referred to in this section about price gouging. the blind, for the limited amount of as the ‘‘Fund’’), consisting of— It got my turn in the order of asking money we gave them. We would say: (A) amounts transferred to the Fund under questions, and I said I would like to We cannot use more money for the paragraph (2); and not ask about price gouging, I would hearing impaired because within this (B) amounts credited to the Fund under like to ask you about tax breaks. You allocation we do not have enough paragraph (3)(C). money. We will have to cut it from (2) TRANSFERS TO FUND.—For fiscal year have an Energy bill last year that I 2006 and each fiscal year thereafter, there is voted against, that, at a minimum, someone else or go find it somewhere appropriated to the Fund an amount deter- there are $2.5 billion worth of tax else. That is how I feel. mined by the Secretary of the Treasury to be breaks to encourage you to explore. I I apologize for my frustration. The equal to the total amount deposited in the looked at the chairman of the board of record will show, although when I general fund of the Treasury for the pre- ExxonMobil. I am paraphrasing, and I speak in the Senate someone suggests I ceding fiscal year from fines, penalties, and will later in the day come back with am mildly energized about what I other funds obtained through enforcement the actual record of that exchange and speak about, I don’t often rise in the actions conducted pursuant to section 32912 of title 49, United States Code (including ask it be printed in the RECORD at that Senate to speak. Folks, we are going to regret this. We funds obtained under consent decrees). time. I said: You made $35 billion in (3) INVESTMENT OF AMOUNTS.— are going to regret this. profits. My mother would say: God love (A) IN GENERAL.—The Secretary of the you, that is wonderful. I am not argu- I yield the floor. Treasury shall invest such portion of the ing about your profit. That is great. Do The PRESIDING OFFICER. The Sen- Fund as is not, in the judgment of the Sec- you need any of the $2.5 billion per ator from New Hampshire. retary of the Treasury, required to meet cur- Mr. GREGG. Madam President, I ask year you are going to get? He put his rent withdrawals. unanimous consent at 2 p.m. today the head down, if you take a look at the (B) SALE OF OBLIGATIONS.—Any obligation Senate proceed to a vote on the motion acquired by the Fund may be sold by the film. I said: Sir, you are under oath. to waive the budget with respect to the Secretary of the Treasury at the market And he looked up and he said: No, we Biden amendment No. 4553, with no price. don’t need it. I said: Good. And I went amendments in order to the amend- (C) CREDITS TO FUND.—The interest on, and down the list of the other five oil ex- ment prior to the vote. the proceeds from the sale or redemption of, ecutives. Do you need it? No, no, no, any obligations held in the Fund shall be The PRESIDING OFFICER. Without credited to, and form a part of, the Fund in no, no. objection, it is so ordered. Then I asked another question. I’m accordance with section 9602 of the Internal AMENDMENT NO. 4589 WITHDRAWN going to propose to eliminate that tax Revenue Code of 1986. Mr. GREGG. I ask unanimous con- (4) USE OF AMOUNTS IN THE FUND.—Amounts cut, and I am going to use it for home- sent the amendment of Senator in the Fund shall be made available to the land security. Do you object to that? COBURN, No. 4589, be withdrawn. Administrator of the Environmental Protec- Would you support it? I said: You are The PRESIDING OFFICER. Without tion Agency for use in carrying out the reim- under oath. The CEO of ExxonMobil objection, it is so ordered bursement program for alternative energy said: I would support it. They all sup- Mr. GREGG. Madam President, I now refueling under section 9003(h)(13) of the ported it. understand that the Senator from Solid Waste Disposal Act. (b) ALTERNATIVE ENERGY REFUELING.—Sec- So $2.5 billion we are wasting—wast- South Dakota has an amendment he ing—in giving energy breaks to oil tion 9003(h) of the Solid Waste Disposal Act wishes to offer, and we will proceed to (42 U.S.C. 6991b(h)) is amended by adding at companies. that. If there are other people who wish I say to my colleagues, parentheti- the end the following: to bring amendments over prior to the ‘‘(13) ALTERNATIVE ENERGY REFUELING SYS- cally, you do not hear me stand up here 2 o’clock vote, we would be happy to TEMS.— and demagog. I am happy they are hear from them. ‘‘(A) DEFINITIONS.—In this paragraph: making all that money. But they ac- The PRESIDING OFFICER. The Sen- ‘‘(i) ALTERNATIVE ENERGY REFUELING SYS- knowledge they do not need it. For $2.5 ator from South Dakota. TEM.—The term ‘alternative energy refueling billion, we could restore my entire Mr. THUNE. Madam President, system’ means a system composed of 1 or COPS Program, which we have elimi- more underground storage tanks, pumps, and maybe this has already been done, but pump fittings or other related infrastructure nated. We could add 1,000 more FBI I ask unanimous consent that the agents to deal with homegrown ter- that is used to refuel motor vehicles with— pending amendment be set aside. ‘‘(I) compressed natural gas; rorism. We could fund every penny of The PRESIDING OFFICER. Without ‘‘(II) E–85 ethanol; this. objection, it is so ordered. ‘‘(III) a fuel described in section 30C(c)(1) of I realize, as the joke goes, that is AMENDMENT NO. 4610 the Internal Revenue Code of 1986; or above my friend’s pay grade. It is not Mr. THUNE. Madam President, I send ‘‘(IV) any other alternative fuel, as deter- his responsibility. But we get put in an amendment to the desk and ask for mined by the Administrator. these positions where guys such as me ‘‘(ii) ELIGIBLE ENTITY.—The term ‘eligible its consideration. entity’ means a refueling vendor or other vote against budget priorities that are The PRESIDING OFFICER. The set, allocations are limited, and, under- person that is an owner or operator of a serv- clerk will report the amendment. ice station or other facility at which an al- standably, under the rule, we are then The assistant legislative clerk read ternative energy refueling system is located put in a position of points of order. as follows: or proposed to be located. I respectfully suggest that if anyone The Senator from South Dakota [Mr. ‘‘(iii) ENERGY SECURITY FUND.—The term said: What should be the priorities of THUNE], for himself, and Mr. TALENT, pro- ‘Energy Security Fund’ means the Energy this Nation and how much money poses an amendment numbered 4610. Security Fund established by section

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7385 5ll(a)(1) of the Department of Homeland have 300 million citizens; they have try to reduce its dependence upon for- Security Appropriations Act, 2007. over a billion. People in that growth eign sources of oil. ‘‘(B) REIMBURSEMENT PROGRAM.— rate create an incredibly strong econ- The car companies in this country ‘‘(i) ESTABLISHMENT.—Not later than 90 omy with serious economic demands; have announced recently they are days after the date of enactment of this going to double the number of flex-fuel paragraph, the Administrator shall establish and one of those demands is oil. a program to provide to eligible entities, for China is not alone. India is also grow- vehicles they are going to put on the each of fiscal years 2007 through 2011, reim- ing at a double-digit rate. They, too, roads here in the future. If you look at bursement from the Energy Security Fund of are a huge economy. And both coun- already what we have on the roads a portion of the costs of purchasing and in- tries are expanding their manufac- today, there are more than 5 million stalling 1 or more alternative energy refuel- turing, expanding their technology, flexible-fuel vehicles on the road that ing systems, including any alternative en- and, therefore, expanding their demand can run on either E85 or regular gaso- ergy refueling system intended to replace a for oil. line. However, the problem is that we petroleum refueling tank or system. The challenge for American con- have 180,000 gas stations across this ‘‘(ii) APPLICATION.—An eligible entity that seeks to receive reimbursement described in sumers and, frankly, for American in- country and only 800 currently offer clause (i) shall submit to the Administrator dustry is that the supply of oil has not E85 ethanol. In short, this means that an application by such time, in such form, kept up with the demand for oil. When less than 1 percent of all stations in and containing such information as the Ad- you have an essential economic com- America today offer E85 as an alter- ministrator shall prescribe. modity, and you are not producing a native. ‘‘(iii) TIMING OF REIMBURSEMENT.—Not sufficient supply, then prices tend to The average cost of purchasing and later than 30 days after the date on which go up, which is what we see happening installing an E85 refueling system is the Administrator, in consultation with the across the country today. We are all approximately $40,000 to $200,000, de- appropriate State agency, verifies that an alternative energy refueling system for which fighting for the same gallon of oil. pending on the geographic area and the reimbursement is requested by an eligible Until that changes, either we will need size of the tank. Ethanol production is entity under this paragraph has been in- to increase supply or we are going to at an all-time high of 4.5 billion gallons stalled and is operational, the Administrator face higher prices. per year. Nationwide, there are cur- shall provide the reimbursement to the eligi- In my view, the long-term strategy rently 103 plants producing ethanol, ble entity. and solution is to power our auto- with 35 more under construction. Those ‘‘(iv) LIMITATIONS.— mobiles with something other than 35 additional plants will add an addi- ‘‘(I) PROHIBITION ON RECEIPT OF DUAL BENE- gasoline. Technology is the way to help tional 2.3 billion gallons of ethanol pro- FITS.—An eligible entity that receives a tax change America for the better. Years of credit under section 30C of the Internal Rev- duction by next year. The Energy Pol- enue Code of 1986 for placing in service a investment in fuels such as ethanol icy Act, passed last year, requires the qualified alternative fuel vehicle refueling have put us on the threshold of major annual use of 7.5 billion gallons of al- property (as defined in that section) may not breakthroughs. Those breakthroughs ternative fuel by the year 2012. receive any reimbursement under this para- are becoming a reality for consumers The amendment is very straight- graph for an alternative energy refueling here in this country. forward. It acknowledges the fact we system on the property if the cost of the al- In my home State, the community of have auto manufacturers who are pro- ternative energy refueling system was taken Aberdeen, SD, is, right now, selling E85 ducing more and more automobiles into consideration in calculating the tax fuel for under $2 a gallon when other that are capable of using alternative credit. fuel prices are going for $3 a gallon and ‘‘(II) NUMBER OF SYSTEMS.—An eligible en- sources of fuel such as E85. It acknowl- tity may not receive reimbursement under sometimes higher because they have an edges the fact that we have production this paragraph for more than 2 alternative abundant supply of ethanol. It is pro- in this country going, with 2.3 billion energy refueling systems for each facility duced locally, and the fuel retailers additional gallons becoming available owned or operated by the eligible entity. have made the investment to install this year of ethanol. And it also ac- ‘‘(III) AMOUNT.—The amount of reimburse- the tanks. That is the very thing we knowledges there is a consumer out ment provided for an alternative energy re- want to see happen in other places there in the country today who is look- fueling system under this paragraph shall across this country because American ing not only to get the very best pos- not exceed the lesser of— consumers and Congress realize we ‘‘(aa) the amount that is 30 percent of the sible price per gallon for the fuel they cost of the alternative energy refueling sys- have to do more to reduce our depend- put in their vehicle, but also to do tem; or ence upon foreign sources of energy. something about the long-term prob- ‘‘(bb) $30,000. The amendment I am offering would lem that faces this country; that is, ‘‘(C) FURTHER APPROPRIATION.—Reimburse- significantly help in providing alter- this enormous appetite for oil that fur- ment authorized under this paragraph shall natives for the American consumer thers our dependence upon foreign be provided by the Administrator without while lessening our dependence upon sources of energy. further appropriation. foreign oil. This amendment, very sim- What we need in this country is ‘‘(D) NO EFFECT ON OTHER RESPONSIBIL- ply, would allow station owners around American energy and American inde- ITIES.—Nothing in this paragraph affects any obligation of an owner or operator to comply this country to be reimbursed for 30 pendence so we do not have to worry with other provisions of this subtitle.’’. percent—not exceeding $30,000—of the about getting all that fuel, all that oil, Mr. THUNE. Madam President, the expenses related to the purchase and from places outside the United States amendment I offer is something I feel installation of alternative refueling that are hostile to this country and to very strongly about. A threat to Amer- systems. American interests. ica’s energy security is a threat to our This amendment provides partial re- This is about energy independence. It national security. Our dependence upon imbursement for eligible alternative is about closing that distribution gap, OPEC and foreign oil entangles us in refueling systems, such as E85—which, so that now that we have the supply, the Middle East and makes us depend- I mentioned, is something we are start- we have the demand for ethanol, that ent on countries that are hostile to ing to see more of in my State—bio- we have the fuel retailers in this coun- America and to American interests. diesel, natural gas, compressed natural try moving in a way, putting policies The greater America’s dependence gas, liquefied natural gas, liquefied pe- in place, that would make it possible upon foreign energy, the greater the troleum gas, hydrogen, and other alter- for them economically to install the threat to American national security. native fuels as defined by the Environ- very pumps that would provide the fuel Two decades ago, America alone mental Protection Agency. This that is being increasingly demanded by drove the world’s economy. We had amendment utilized penalties that are American consumers and which those Western Europe as competitors, but primarily paid by foreign automakers in the ethanol industry in this country our economy was clearly on top and who violate CAFE standards. Last are continually gearing up, in terms of unchallenged. But things have year, these penalties generated about production, to meet. changed. Right now, China is growing $20 million. It will complement the So this is a very straightforward at about 10 percent a year in GDP. growing number of alternative fueled amendment. It applies to this par- That is almost three times the rate of vehicles across our country, protect ticular piece of legislation, I believe, growth here in America. They do not the environment, and allow our coun- for a lot of reasons, one of which is, as

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7386 CONGRESSIONAL RECORD — SENATE July 12, 2006 I said earlier, it is a very, very clear The Senator from Louisiana [Mr. VITTER] stitutionally protected second amend- and established connection that a proposes an amendment numbered 4615. ment right. And even more so, we are threat to America’s energy security is Mr. VITTER. I ask unanimous con- talking about a situation where those a threat to our national security. sent that reading of the amendment be rights are vitally important for the We talk about protecting our home- dispensed with. law-abiding citizen when the police are land and making sure America is safe The PRESIDING OFFICER. Without not there and are unavailable, when and secure going forward for future objection, it is so ordered. there is no phone service, and literally generations. A key component in that The amendment is as follows: that citizen’s second amendment right debate ought to be: What steps are we (Purpose: To prohibit the confiscation of a is the key to protecting his own life, taking as a nation, what policies are firearm during an emergency or major dis- his family, and their property. we putting in place that will enable our aster if the possession of such firearm is I am proud to say that in Louisiana, not prohibited under Federal or State law) country to become energy independent, our State legislature acted on this On page 127, between lines 2 and 3, insert to have American energy meet the the following: issue, as I am attempting to do today. needs and the demands that our econ- SEC. 540. PROHIBITION ON CONFISCATION OF In June of this year, in time for the omy has to grow in this country? FIREARMS. new hurricane season, a law was passed So, Madam President, I offer this None of the funds appropriated by this Act to clarify that the emergency powers amendment to this legislation. There may be used to temporarily or permanently granted to the Governor and to local are others who I believe are interested seize any firearm during an emergency or officials ‘‘do not authorize the seizure in this issue. I introduced a bill that is major disaster (as those terms are defined in or confiscation of a firearm, weapon or very similar to this amendment. I have section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 ammunition from any individual if the made some slight modifications to it, U.S.C. 5122)) if the possession of such firearm firearm, weapon or ammunition is which was cosponsored by Members on is not prohibited under Federal or State law, being possessed or used lawfully.’’ both sides of the aisle, Republicans and other than for forfeiture in compliance with I am supportive of that action by the Democrats. A similar bill is calendared Federal or State law or as evidence in a State legislature. It was signed into for action in the House of Representa- criminal investigation. law by the Governor. Unfortunately, tives. Mr. VITTER. Madam President, this there is still room for Federal authori- I believe it is high time as a nation, involves gun confiscation during major ties to act inconsistent with that. That as a U.S. Senate, that we put as a pri- disasters or emergencies. My amend- is the problem and the issue and chal- ority getting away from that depend- ment is very simple and straight- lenge I want to solve. My amendment ence upon foreign sources of energy, forward. It would prevent any sort of is very simple and straightforward. It having an abundant supply of an Amer- confiscation of legally held guns pro- is a limitation of funds saying that no ican energy, so we can provide the sup- tected by the second amendment dur- Federal funds in this act can be used to ply that is necessary to fuel our econ- ing major disasters or emergencies. temporarily or permanently seize any omy, keep it growing, keep it strong, In the wake of Hurricanes Katrina firearm during an emergency or major and make sure that it is affordable for and Rita, local and Federal law en- disaster, if the possession of such fire- American consumers. forcement officials were overwhelmed arm is not prohibited under Federal or Madam President, at this point I ask in many ways by the tragedy that un- State law. The amendment also allows unanimous consent that the amend- folded. That is understandable. During for the forfeiture of firearms in compliment be laid aside, and I yield back the the chaos, a criminal element took ad- ance with Federal or State law or as remainder of my time. vantage of the tragedy and started to evidence in a criminal investigation. The PRESIDING OFFICER. Without commit serious crimes against persons I hope this will be noncontroversial, objection, it is so ordered. and property. In many cases, law-abid- that all Senators will accept the Mrs. MURRAY. Madam President, I ing citizens took action and defended amendment as an important, common- suggest the absence of a quorum. their property and themselves through sense clarification of the law and what The PRESIDING OFFICER. The the constitutionally guaranteed second the law certainly should be. clerk will call the roll. amendment right to bear arms. I understand our law enforcement of- The assistant legislative clerk pro- There is probably no more important ficers are under intense pressure in ceeded to call the roll. or significant moment in normal, ev- these extreme situations following a Mr. GREGG. Madam President, I ask eryday American life where that sec- major disaster or a major emergency. unanimous consent that the order for ond amendment right meant some- But particularly in those situations, the quorum call be rescinded. thing. In some cases, it was literally when their services, quite frankly, are The PRESIDING OFFICER. Without the difference between a law-abiding unavailable to the populace as under objection, it is so ordered. citizen’s life or death and between that normal times, when all communication Mr. GREGG. Madam President, I ask citizen’s ability to protect his property is shut down, officers should not be unanimous consent that the Senator or have it completely taken away. Yet confiscating legal firearms from law- from North Dakota be recognized for in the midst of that situation, where abiding citizens protected under the up to 10 minutes as in morning busi- that constitutionally guaranteed right second amendment. ness, and upon completion of his state- was so important, even far more impor- That is the nature of my amendment. ment the Senator from Louisiana be tant than in an everyday situation—al- I ask unanimous consent that the fol- recognized to offer an amendment. though it is certainly crucial then— lowing Senators be added as cosponsors The PRESIDING OFFICER. Without certain law enforcement authorities of the amendment: Senators INHOFE, objection, it is so ordered. confiscated legally held firearms by ENZI, THUNE, BURNS, BROWNBACK, MAR- The Senator from North Dakota. law-abiding citizens. Not a few, not a TINEZ, DOMENICI, and GREGG. (The remarks of Mr. DORGAN are dozen, not two dozen, but literally The PRESIDING OFFICER (Mr. printed in today’s RECORD under thousands were confiscated by law en- THUNE). Without objection, it is so or- ‘‘Morning Business.’’) forcement officials. dered. The PRESIDING OFFICER. The Sen- In fact, even well after the hurri- Mr. VITTER. I yield the floor and ator from Louisiana. canes, the Federal court ordered the suggest the absence of a quorum. AMENDMENT NO. 4615 city of New Orleans to return all guns The PRESIDING OFFICER. The Mr. VITTER. Madam President, I unlawfully seized during Hurricane clerk will call the roll. send an amendment to the desk and Katrina. Even after all that, the New The legislative clerk proceeded to ask for its immediate consideration. Orleans police superintendent, Warren call the roll. The PRESIDING OFFICER. Without Riley, stated in a June 6 radio inter- Mr. GREGG. Mr. President, I ask objection, the pending amendment is view that his officers would confiscate unanimous consent that the order for set aside. The clerk will report the guns again if another similar disaster the quorum call be rescinded. amendment. should strike New Orleans. The PRESIDING OFFICER (Mr. The assistant legislative clerk read This is ridiculous and should not be SUNUNU). Without objection, it is so or- as follows: tolerated. We are talking about a con- dered.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7387

AMENDMENT NO. 4553 AMENDMENT NO. 4558 (A) at least 1 of the databases was obtained Mr. GREGG. Mr. President, I ask for (Purpose: To prohibit the expenditure of ap- from or remains under the control of a non- the regular order with respect to the propriated funds to enforce or comply with Federal entity, or the information was ac- Biden amendment. the limitation on the number of Transpor- quired initially by another department or tation Security Administration employees, agency of the Federal Government for pur- The PRESIDING OFFICER. The and for other purposes) poses other than intelligence or law enforce- Biden amendment is now the pending At the appropriate place, insert the fol- ment; amendment. lowing: (B) a department or agency of the Federal Government or a non-Federal entity acting Mr. GREGG. I will raise a point of CERTAIN TSA PERSONNEL LIMITATIONS NOT TO on behalf of the Federal Government is con- order against the pending amendment. APPLY ducting the query or search or other analysis The amendment would cause the bill to SEC. ll. No amount appropriated by this violate section 302 of the Budget Act. to find a predictive pattern indicating ter- or any other Act may be used to enforce or rorist or criminal activity; and comply with any statutory limitation on the The PRESIDING OFFICER. The Sen- (C) the search does not use a specific indi- number of employees in the Transportation ator from Delaware. vidual’s personal identifiers to acquire infor- Security Administration, before or after its Mr. BIDEN. Mr. President, I move to mation concerning that individual. transfer to the Department of Homeland Se- waive the relevant sections of the (2) DATABASE.—The term ‘‘database’’ does curity from the Department of Transpor- not include telephone directories, news re- Budget Act on this amendment and ask tation, and no amount appropriated by this porting, information publicly available via for the yeas and nays. or any other Act may be used to enforce or the Internet or available by any other means The PRESIDING OFFICER. Is there a comply with any administrative rule or reg- to any member of the public without pay- ulation imposing a limitation on the recruit- sufficient second? There is a sufficient ment of a fee, or databases of judicial and ad- ing or hiring of personnel into the Transpor- second. ministrative opinions. The question is on agreeing to the tation Security Administration to a maximum number of permanent positions, ex- (b) REPORTS ON DATA-MINING ACTIVITIES BY motion. The clerk will call the roll. cept to the extent that enforcement or com- THE DEPARTMENT OF HOMELAND SECURITY.— The legislative clerk called the roll pliance with that limitation does not pre- (1) REQUIREMENT FOR REPORT.—The head of The yeas and nays resulted—yeas 50, vent the Secretary of Homeland Security each department or agency in the Depart- nays 50, as follows: from recruiting and hiring such personnel ment of Homeland Security that is engaged [Rollcall Vote No. 194 Leg.] into the Administration as may be nec- in any activity to use or develop data-mining essary— technology shall each submit a report to YEAS—50 (1) to provide appropriate levels of aviation Congress on all such activities of the agency Akaka Feinstein Murray security; and under the jurisdiction of that official. The Allen Harkin Nelson (FL) (2) to accomplish that goal in such a man- report shall be made available to the public. Baucus Hutchison Obama ner that the average aviation security-re- (2) CONTENT OF REPORT.—Each report sub- Bayh Inouye Pryor Biden Jeffords lated delay experienced by airline passengers mitted under paragraph (1) shall include, for Reed is reduced to a level of 10 minutes. each activity to use or develop data-mining Bingaman Johnson Reid Boxer Kennedy Rockefeller AMENDMENT NO. 4554 technology that is required to be covered by Byrd Kerry Salazar (Purpose: To require the Secretary of Home- the report, the following information: Cantwell Kohl Santorum land Security to prepare a report on the (A) A thorough description of the data- Carper Landrieu Sarbanes mining technology and the data that is being Clinton Lautenberg conduct of activities to achieve commu- Schumer or will be used. Dayton Leahy nications interoperability) DeWine Levin Snowe At the appropriate place, insert the fol- (B) A thorough description of the goals and Specter Dodd Lieberman lowing: plans for the use or development of such Stabenow Dorgan Lincoln SEC. ll. Not later than 6 months after the technology and, where appropriate, the tar- Talent Durbin Menendez date of enactment of this Act, the Secretary get dates for the deployment of the data- Wyden Feingold Mikulski of Homeland Security shall submit a report mining technology. NAYS—50 to the Committees on Appropriations of the (C) An assessment of the efficacy or likely Senate and the House of Representatives efficacy of the data-mining technology in Alexander Crapo Martinez providing accurate information consistent Allard DeMint with an assessment of short-term (defined as McCain with and valuable to the stated goals and Bennett Dole McConnell within 2 years after the date of enactment of Bond Domenici Murkowski this Act), intermediate-term (defined as be- plans for the use or development of the tech- Brownback Ensign Nelson (NE) tween 2 years and 4 years after such date of nology. Bunning Enzi Roberts enactment), and long-term (defined as more (D) An assessment of the impact or likely Burns Frist Sessions than 4 years after such date of enactment) impact of the implementation of the data- Burr Graham Shelby actions necessary for the Department of mining technology on the privacy and civil Chafee Grassley Smith liberties of individuals. Chambliss Gregg Homeland Security to take in order to assist Stevens Coburn Hagel Federal, State, and local governments (E) A list and analysis of the laws and reg- Sununu Cochran Hatch achieve communications interoperability, ulations that govern the information being Coleman Inhofe Thomas including equipment acquisition, changes in or to be collected, reviewed, gathered, ana- Collins Isakson Thune governance structure, and training. lyzed, or used with the data-mining tech- Conrad Kyl Vitter AMENDMENT NO. 4552 nology. Cornyn Lott Voinovich (F) A thorough discussion of the policies, Craig Lugar Warner (Purpose: To repeal TSA’s exemption from Federal procurement law) procedures, and guidelines that are in place or that are to be developed and applied in the The PRESIDING OFFICER. On this At the appropriate place, insert the fol- use of such technology for data-mining in question, the yeas are 50, the nays are lowing: 50. Three-fifths of the Senators duly order to— SEC. ll. TSA ACQUISITION MANAGEMENT POL- (i) protect the privacy and due process chosen and sworn not having voted in ICY. rights of individuals; and (a) IN GENERAL.—Section 114 of title 49, the affirmative, the motion is rejected. (ii) ensure that only accurate information United States Code, is amended by striking The point of order is sustained. The is collected, reviewed, gathered, analyzed, or subsection (o) and redesignating subsections amendment falls. used. (p) through (t) as subsections (o) through (s), (G) Any necessary classified information in The PRESIDING OFFICER. The Sen- respectively. an annex that shall be available to the Com- ator from New Hampshire. (b) EFFECTIVE DATE.—The amendment mittee on Homeland Security and Govern- AMENDMENTS NOS. 4558, 4554, 4552, AND 4569, EN made by subsection (a) shall take effect 180 mental Affairs, the Committee on the Judi- BLOC days after the date of enactment of this Act. ciary, and the Committee on Appropriations AMENDMENT NO. 4569 Mr. GREGG. I have four amend- of the Senate and the Committee on Home- ments—by Senators LAUTENBERG, (Purpose: To require reports to Congress on land Security, the Committee on the Judici- SALAZAR, KERRY, and FEINGOLD—all of Department of Homeland Security use of ary, and the Committee on Appropriations of which have been cleared on the other data-mining) the House of Representatives. side. I ask unanimous consent they be On page 127, between lines 2 and 3, insert (3) TIME FOR REPORT.—Each report required considered en bloc and agreed to. the following: under paragraph (1) shall be submitted not The PRESIDING OFFICER. Without SEC. 540. DATA-MINING. later than 90 days after the end of fiscal year (a) DEFINITIONS.—In this section: 2007. objection, it is so ordered. (1) DATA-MINING.—The term ‘‘data-mining’’ The amendments were agreed to, as means a query or search or other analysis of The PRESIDING OFFICER. The Sen- follows 1 or more electronic databases, whereas— ator from West Virginia.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7388 CONGRESSIONAL RECORD — SENATE July 12, 2006 Mr. BYRD. I ask unanimous consent partment of Homeland Security with and that are not currently regulated under my name be added as a cosponsor to overarching regulatory authority for Federal law for homeland security purposes. (b) Interim regulations under this section Senator VITTER’s amendment No. 4615. the Chemical Sector security should be shall apply to a chemical facility until the The PRESIDING OFFICER. Without enacted.’’ If the administration were effective date of final regulations issued objection, it is so ordered. serious about chemical security, it under other laws by the Secretary, that es- AMENDMENT NO. 4620 would have submitted legislation to tablish requirements and standards referred Mr. BYRD. Mr. President, I shall back up this tough talk. Yet, the ad- to in subsection (a) that apply with respect offer an amendment to strengthen ministration has not submitted such to that facility. chemical facility security. legislation. Nor has it played an active (c) Any person that violates an interim regulation issued under this section shall be As Yogi Berra once said, ‘‘this is like role in encouraging the congressional liable for a civil penalty under section 70117 de´ja` vu all over again.’’ This is the leadership to work with the various of title 46, United States Code. fourth appropriations bill for the De- committees with an interest in this The PRESIDING OFFICER. The Sen- partment of Homeland Security, and matter to resolve their differences and ator from New Hampshire. every summer, I have offered an bring a bill to the floor. This morning, Mr. GREGG. Mr. President, I support amendment to provide incentives to the administration submitted its state- the Senator’s amendment. I understand the chemical sector to secure their fa- ment of administration policy on the there may be some Members who wish cilities by establishing a chemical se- bill that is before the Senate, and once to speak to it, so I suggest we lay it curity grant program. again the administration is silent on aside and move on to the amendment Unfortunately, at every turn, the ad- this matter. For the life of me, I do not of the Senator from Montana. ministration opposed my amendments understand why this administration The PRESIDING OFFICER. The Sen- and those amendments were defeated. does not take securing our chemical fa- ator from Montana. The administration claimed that it was cilities seriously. AMENDMENT NO. 4621 partnering with the chemical sector I applaud the Homeland Security and Mr. BAUCUS. Mr. President, I ask and that they were doing enough to se- Governmental Affairs Committee for the pending amendments be set aside. cure their facilities. reporting legislation on this matter, The PRESIDING OFFICER. Without In my State of West Virginia, there and I thank Senator JOE LIEBERMAN for objection, it is so ordered. are 73 chemical manufacturing plants cosponsoring this amendment. Mr. BAUCUS. Mr. President, I send and 100 chemical distribution plants. If My amendment requires the Sec- my amendment to the desk. there were an attack on one or more of retary of Homeland Security to issue The PRESIDING OFFICER. The those facilities, the potential loss of interim final regulations for chemical clerk will report. human life and damage to the local and facilities that he determines present The assistant legislative clerk read national economy would be dev- the greatest security risk. The sub- as follows: astating. The same can be said for fa- stance of the regulations would be es- The Senator from Montana [Mr. BAUCUS] cilities in New Jersey, New York, tablished by the Secretary. proposes an amendment numbered 4621. Texas, Michigan, California, Pennsyl- I believe this is a strong first step. Mr. BAUCUS. I ask unanimous con- vania, and many other States. Any regulations issued by the Sec- sent the reading of the amendment be The Department of Homeland Secu- retary under this authority would only dispensed with. rity’s National Strategy for Securing be applicable until final regulations The PRESIDING OFFICER. Without the Chemical Sector states that ‘‘the issued under other laws are estab- objection, it is so ordered. value of the sector to the Nation, as lished. The amendment is as follows: well as the potentially high con- We have waited too long. The poten- (Purpose: To require the Secretary of Home- sequences associated with some chem- tial devastation—the terrible loss of land Security to conduct tests of un- ical facilities, make the Chemical Sec- life, the huge hit to the Nation’s econ- manned aerial vehicles for border surveillance along the border between Canada and tor a potentially attractive target for omy, the irreparable harm to our air the United States) terrorists.’’ and water—the potential devastation On page 127, between lines 2 and 3, insert Despite the multitude of warnings demands that we take steps now to se- the following: that the chemical sector is vulnerable cure these chemical facilities. There SEC. 540. Not later than 1 year after the to attack, including its own warnings, has been enough talk; it is time to act. date of the enactment of this Act, the Sec- the administration has shown a great I urge all colleagues to support this retary of Homeland Security shall establish reluctance to make security at chem- amendment. and conduct a pilot program at the Northern ical facilities a priority. I send the amendment to the desk. Border Air Wing bases of the Office of CBP Last year, the Government Account- Air and Marine, United States Customs and The PRESIDING OFFICER. The Border Protection, to test unmanned aerial ability Office concluded that for 93 per- pending amendments are set aside. vehicles for border surveillance along the cent of the chemical industry, it is un- The clerk will report. international marine and land border be- certain whether facilities are improv- The assistant legislative clerk read tween Canada and the United States. ing security at all. Only 1,100 of the as follows: Mr. BAUCUS. Mr. President, I rise to 15,000 chemical facilities identified by The Senator from West Virginia [Mr. offer an amendment to the Homeland the Department of Homeland Security BYRD], for himself, Mr. LIEBERMAN, Mr. Security appropriations bill to address are known to adhere to voluntary in- ROCKEFELLER, and Mrs. CLINTON, proposes an an area that needs more attention, the dustry security procedures. amendment numbered 4620. northern border. We have 5,526 miles of The Environmental Protection Agen- Mr. BYRD. Mr. President, I ask unan- border between the United States and cy reports that 123 chemical plants lo- imous consent the reading of the Canada. That is about double the cated throughout the Nation could amendment be dispensed with. length of our southern border with each potentially expose more than a The PRESIDING OFFICER. Without Mexico. Along that border, about 560 million people if a chemical release objection, it is so ordered. miles of it is in the State of Montana. were to occur. The amendment is as follows: The terrain is remote in many cases. It I was encouraged last summer when (Purpose: To ensure adequate safety at high- is mountainous. Passage is somewhat the DHS Assistant Secretary for Infra- risk chemical facilities) difficult in some areas. In others it is structure Protection and Information On page 127, between lines 2 and 3, insert easy; it is wide open. Security testified before Congress that the following: This amendment will help our Border a system to enforce and audit security SEC. 540. (a) Not later than 6 months after Patrol cover this vast area by requir- standards must be put in place for the the date of enactment of this Act, the Sec- ing the Department of Homeland Secu- chemical sector. Unfortunately, no ac- retary of Homeland Security shall hereafter rity to conduct a pilot program using issue interim final regulations that establish tion has been taken since his testi- homeland security requirements, including unmanned aerial vehicles along that mony. minimum standards and required submission border. This year, in its National Strategy to of facility security plans to the Secretary, In addition to personnel training, we Secure the Chemical Sector, DHS says, for chemical facilities that the Secretary de- must also employ the latest tech- ‘‘legislation that would provide the De- termines present the greatest security risk nologies. The border patrol has already

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7389 conducted successful tests using UAVs we have in Washington State, includ- pilot program in affected areas along the southwestern border in Ari- ing ferry transportation crossings, throughout the Northwest and making zona for aliens and detection of those there was the instance in the North- sure that the investment here is real- attempting to enter our country ille- west where a terrorist was caught com- ized so we can continue the expansion gally. It requires some of the UAVs al- ing across from Canada into Port Ange- of this operation. ready provided for in this bill be used les who was detained. As I said, the technology will help to run a pilot program on the northern But we are here today to talk about law enforcement at every level do their border similar to that conducted on the the vastness of the northern border job, and it will help us in fighting this southern border. that sometimes is penetrated by people influx of drug problems we are also fac- We do not want to compete with our who are not checking in at various ing in the Northwest as well. And it friends in the Southern States, but we checkpoints but try to sneak into the will certainly give our citizens at home want to make it clear that the north- country along the vast, rugged areas of more security. ern border also needs increased atten- our Northwest terrain. We cannot turn our backs on the tion. As you can imagine, as the south- So it is very important we get tough needs of the northern border while we ern border of the United States is on border security by passing this are looking at some of the issues on tightened, our northern border, which amendment, which has cutting-edge the southern border. So let’s make sure used to be America’s back door, is technology that will actually help save we are effective in covering both areas quickly becoming a front door. this country dollars and provide great- of our country and giving law enforce- Customs and Border Patrol report er border security. ment the broadest tools possible to do that their No. 1 concern on the south- The unmanned aerial vehicles, as their job. ern border is illegal immigration. What Senator BAUCUS has talked about, are Mr. President, I yield the floor is the No. 1 concern on the northern already being deployed on dangerous The PRESIDING OFFICER. The Sen- border? Terrorism. Border gangs are patrols in the Middle East and in some ator from New Hampshire. going international and admit having places along our borders here at home. Mr. GREGG. Mr. President, I advise ties to al-Qaida and smuggling al-Qaida But the UAVs, I believe, are already in Members and their staff who are listen- members into the United States. limited use on the southern border, and ing that we have put out a request for In Montana, markings from these they have proven their effectiveness. anybody who wishes to address the gangs have been found in the correc- To me, it is something we ought to ex- amendment from Senator BYRD to get tional systems, within the walls of our pand on for our overall capability to in touch with us, and if they have an jails, in our detention facilities. help respond to incidents. objection to get in touch with us. Oth- Surveillance of our ports is hap- With their extended range, these erwise, at 3 o’clock, I intend to move to pening daily by nefarious people. It ap- UAVs can conduct prolonged surveil- accept that amendment—just so people pears that our procedures for checking lance, sweep over remote border areas, are aware of that, unless we hear an out vehicles both leaving and entering relaying information to border agents objection. our country are being looked at by on the ground. As has been described The Senators from Montana are criminals, and it has been reported by some of the people I have met with working on making sure the language that these ‘‘dry runs’’ are being con- on this issue, they literally create a of this pending amendment—I under- ducted near Glacier National Park. All communications network from the air stand Senators BURNS and BAUCUS from of these activities are made easy due to to the ground that can get vital infor- Montana are working to make sure the the wide open space and insufficient mation to those who are involved in amendment is correctly drafted. Once numbers of law enforcement personnel border security who can more effec- they work out the correct drafting of along our northern border. tively, then, do their job. the amendment, then I would expect The ability of our Border Patrol to This process provides critical intel- we would accept that amendment also. successfully carry out their daily du- ligence about the areas that have pre- Pending that, I suggest the absence ties is of critical importance, obvi- viously gone unsecured for so long, and of a quorum. ously, to the safety of all Americans. it allows our agents to better prepare The PRESIDING OFFICER. The This amendment will give us the tools and respond to incidents involving both clerk will call the roll. The assistant legislative clerk pro- we need to protect our borders. UAVs illegal immigrants and drug smugglers. ceeded to call the roll. are a safe alternative to placing civil- Now, I know there has been the Insitu Group from our State that has Mr. GREGG. Mr. President, I ask ians in harm’s way, and by introducing unanimous consent that the order for a pilot program that helps us patrol provided this technology in our Oper- ation Iraqi Freedom and the global war the quorum call be rescinded. our northern border, we are getting on The PRESIDING OFFICER. Without on terror. They have flown many hours the right track to fighting the war on objection, it is so ordered. terrorism and keeping our home front and been very effective with that tech- Mr. GREGG. Mr. President, I ask safe. nology. So I believe it is important for unanimous consent that the pending For these reasons, I urge my col- us to now get aggressive about using amendment be set aside. leagues to support this amendment. this same technology—that has been The PRESIDING OFFICER. Without Mr. President, I ask unanimous con- proven so successful—on our northern objection, it is so ordered. ANTWELL border and to have the continuation of sent to add Senators C and AMENDMENT NO. 4614 MURRAY as cosponsors to the amend- its use on our southern border so we Mr. GREGG. Mr. President, I call up can modernize the patrol capabilities ment. Senator BYRD’s amendment No. 4614. The PRESIDING OFFICER. Without and reach hundreds of miles that have The PRESIDING OFFICER. The objection, it is so ordered. previously been unguarded. clerk will report the amendment. The Senator from Washington. As I said, we do this at a much more The assistant legislative clerk read Ms. CANTWELL. Mr. President, I effective rate than could possibly be as follows: rise to speak in support of this amend- done with any other tools and tech- The Senator from New Hampshire [Mr. ment offered by my colleague from a nology or manned efforts. So we will be GREGG], for Mr. BYRD, proposes an amend- northern border State, and want to em- giving our agents the best technology ment numbered 4614. phasize that homeland security along possible for them to guard our south- Mr. GREGG. Mr. President, I ask our northern border is of the utmost ern and northern borders, using im- unanimous consent that reading of the importance. proved intelligence. That is why I am amendment be dispensed with. I think the amendment offered by the so happy to work with Senator BAUCUS The PRESIDING OFFICER. Without Senator from Montana is a very impor- to direct the Department of Homeland objection, it is so ordered. tant amendment for us to add to this Security to do a pilot on this UAV sur- The amendment is as follows legislation because of both its effi- veillance along the northern border. (Purpose: To establish procedures for grants ciency and effectiveness in helping us I will continue to work with him and for State and local programs) secure our northern border. For us, many of my other colleagues to en- On page 93, line 4, before the period insert with great transportation crossings as courage Homeland Security to run this the following: ‘‘: Provided further, That for

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7390 CONGRESSIONAL RECORD — SENATE July 12, 2006 grants under subparagraphs (B) through (F), The bill would authorize DHS to issue initiated by Congress to develop tech- the applications for such grants shall be final regulations to help secure the Na- nology to protect commercial aircraft made available to eligible applicants not tion’s most at-risk chemical facilities. from man-portable air defense systems later than 75 days after the date of enact- I urge the administration—which has or MANPADS, known to many as ment of this Act, eligible applicants shall shoulder-fired missiles or portable submit applications not later than 45 days said it wants legislative authority to after the date of the grant announcement, regulate chemical security—to actively anti-aircraft weapons. Congress origi- and the Office for Domestic Preparedness support this strong, bipartisan legisla- nally included $110 million in funding shall act on such applications not later than tion and the majority leader to give it for this program in the fiscal year 2006 45 days after the date on which such an ap- with immediate consideration on the budget and there is currently $40 mil- plication is received’’. Senate floor. lion in the pending fiscal year 2007 Mr. LIEBERMAN. Mr. President, I But we cannot afford to take chances Homeland Security Appropriations am pleased to join my colleague, Sen- where chemical security is concerned bill. This funding will allow for the ator BYRD, in offering an amendment and every day of additional delay on completion of Phase III of this impor- to the Homeland Security appropria- chemical site security places the tant program. This phase includes test- tions bill for fiscal year 2007 that would American people at unacceptable risk. ing of the technology in real-world op- require the Department of Homeland So while it is my great hope that we erations, a final report on the findings Security to issue interim regulations will enact the Chemical Facility Anti- to Congress and the termination of the to help secure the most dangerous Terrorism Act of 2006 soon to establish program. chemical facilities around the country. a permanent chemical security pro- Unfortunately, the Department of Since 9/11 opened our eyes to the gram, this amendment is critical to Homeland Security has decided to com- threats we face on U.S. soil from ending the long drought of inaction on plete the program and report its findings based on Phase III flight testing Islamist terrorist groups, we have chemical security by the Federal Gov- on cargo aircraft only. This is a deci- moved to improve security for many of ernment and ensuring we will move sion that I question because it runs the critical elements of our society and swiftly to begin to close this critical counter to the program’s original ob- economy. But somehow we have not homeland security gap. jective of developing a system that yet protected one of our greatest Mr. GREGG. Mr. President, I ask would protect primarily passenger air- vulnerabilities—the chemical sector. unanimous consent that the amend- Chemicals are vital to many of the craft, but also protect cargo aircraft. ment be agreed to. Operations in the cargo and commer- processes that feed us, heal us, and The PRESIDING OFFICER. Is there cial aviation industries are very dif- power our economy. Yet the very per- objection? ferent and I believe that any final re- vasiveness of the chemical sector Without objection, it is so ordered. porting or evaluation must include an makes it vulnerable to terrorism. The amendment (No. 4614) was agreed assessment of the potential deploy- Thousands of facilities throughout the to. ment of a Counter-MANPAD system on country use or store potentially lethal Mr. GREGG. Mr. President, the reg- passenger aircraft as well as cargo air- materials, often near large population ular order is the Baucus amendment; is craft. Without the actual flight testing centers. that correct? of the Counter-MANPAD system on We know that terrorists are inter- The PRESIDING OFFICER. The Bau- passenger aircraft, it is impossible to ested in targeting these facilities. The cus amendment is now pending. accurately evaluate the system. Congressional Research Service reports AMENDMENT NO. 4620 Moreover, future policy decisions on that during the 1990s both inter- Mr. GREGG. Mr. President, I ask aircraft protection would be based on national and domestic terrorists at- unanimous consent that the Baucus findings that many could argue are in- tempted to use explosives to release amendment be set aside and that the complete. Prior funding has already chemicals from manufacturing and Byrd amendment be returned as the gone a long way towards approving this storage facilities close to population regular order. It is amendment No. important technology, and adding a centers. The Justice Department in 4620. passenger aircraft study would validate 2002 described the threat posed by ter- The PRESIDING OFFICER. Without the original objective set forth by DHS rorists to chemical facilities as ‘‘both objection, amendment No. 4620 will be and Congress, and in no way delay any real and credible,’’ for the foreseeable made the regular order. final reports from the program office. future. Mr. GREGG. Mr. President, I ask I commend the work of the sub- When homeland security expert Rich- unanimous consent that the amend- committee for including this funding ard Falkenrath testified before our ment be agreed to. as well as those who participated in the committee last year, he said that one The PRESIDING OFFICER. Is there program through the Department of asset above all others stands out as objection? Homeland Security, phases 1, 2, and 3. being acutely vulnerable and uniquely Without objection, it is so ordered. I also commend the many participants dangerous: toxic-by-inhalation chemi- The amendment (No. 4620) was agreed in the private sector: from the sci- cals. He said the Federal Government to. entists, engineers, to those who test had done virtually nothing to secure Mr. GREGG. I move to reconsider the the equipment to ensure that it is the the facilities manufacturing and stor- vote, and I move to lay that motion on strongest, most competitive, most via- ing these chemicals and called on the the table. ble system. 109th Congress to give the executive The motion to lay on the table was I thank the committee for its work branch the authority to mandate and agreed to. and yield the floor. enforce security enhancements for Mr. GREGG. I suggest the absence of I suggest the absence of a quorum. The PRESIDING OFFICER. The these facilities. a quorum. I think Congress has the responsi- clerk will call the roll. The PRESIDING OFFICER (Mr. MAR- The assistant legislative clerk pro- bility to enact a strong and com- TINEZ). The clerk will call the roll. ceeded to call the roll. prehensive chemical security program, The assistant legislative clerk pro- Mr. BAUCUS. Mr. President, I ask and I believe we have started down the ceeded to call the roll. unanimous consent that the order for right road to do so. Last month, the Mr. SUNUNU. Mr. President, I ask the quorum call be rescinded. Homeland Security and Governmental unanimous consent that the order for The PRESIDING OFFICER. Without Affairs Committee unanimously ap- the quorum call be rescinded. objection, it is so ordered. proved the Chemical Facility Anti-Ter- The PRESIDING OFFICER. Without Mr. BAUCUS. What is the regular rorism Act of 2006, which Senator COL- objection, it is so ordered. order, Mr. President? LINS and I introduced last December. I Mr. SUNUNU. Mr. President, I rise The PRESIDING OFFICER. The Sen- think this legislation—which was today to speak in favor of an extremely ator’s amendment is the pending ques- crafted and approved on a bipartisan important provision in the pending tion. basis after four hearings and extensive bill. That funding provision is the $40 AMENDMENT NO. 4621, AS MODIFIED input—is the best way to address the million to support the Counter- Mr. BAUCUS. Mr. President, I send a vulnerability posed by chemical sites. MANPAD program. This is a program modification to the desk.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7391 The PRESIDING OFFICER. The Sen- tablished in Great Falls. That northern (The remarks of Mr. DURBIN are ator has a right to modify the amend- border security that we already have printed in today’s RECORD under ment. The amendment is so modified. there and this pilot program can move ‘‘Morning Business.’’) The amendment (No. 4621), as modi- forward with the UAV. Mr. DURBIN. Mr. President, I yield fied, is as follows: So I thank my colleague for includ- the floor. I suggest the absence of a (Purpose: To require the Secretary of Home- ing that language. That is the reason quorum. land Security to conduct tests of un- we filed the amendment in the first The PRESIDING OFFICER. The manned aerial vehicles for border surveil- place. He already put language in the clerk will call the roll. lance along the border between Canada and immigration bill, but we needed that The legislative clerk proceeded to the United States) language that still recognizes the FAA call the roll. On page 127, between lines 2 and 3, insert as controller of our air space and is Mr. REED. Mr. President, I ask unan- the following: probably key in this pilot program imous consent that the order for the SEC. 540. Not later than 1 year after the moving forward. quorum call be rescinded. date of the enactment of this Act, the Sec- The PRESIDING OFFICER. Without retary of Homeland Security shall establish I urge adoption of the amendment. Mr. BAUCUS. I ask uanimous con- objection, it is so ordered. and conduct a pilot program at the Northern Mr. REED. Mr. President, I ask unan- Border Air Wing bases of the Office of CBP sent that Senators CRAIG and COLEMAN Air and Marine, United States Customs and also be cosponsors of this amendment. imous consent to speak as in morning Border Protection, working expeditiously The PRESIDING OFFICER. Without business. with the Administrator of the Federal Avia- objection. Is there further debate? The PRESIDING OFFICER. Without tion Administration to test unmanned aerial Mr. GREGG. Mr. President, the un- objection, it is so ordered. vehicles for border surveillance along the manned aerial vehicle program is (The remarks of Mr. REED are printed international marine and land border be- something the subcommittee is sup- in today’s RECORD under ‘‘Morning tween Canada and the United States. portive of. This concept of having one Business.’’) Mr. BAUCUS. Mr. President, the on the northern border is something we Mr. REED. Mr. President, I yield the modification to the amendment I of- also support. The Senators have a good floor and suggest the absence of a fered is including the phrase, ‘‘working amendment. I think the addition of quorum. expeditiously with the Administrator language on the FAA makes it an oper- The PRESIDING OFFICER. The of the Federal Aviation Administra- able amendment. If FAA were not en- clerk will call the roll. The legislative clerk proceeded to tion.’’ gaged, it would not be an operable call the roll. The purpose is to make sure that the amendment. It merges well with the Mr. GREGG. Mr. President, I ask Department of Homeland Security’s ef- initiative in the bill which is to stand unanimous consent the order for the forts in operating the pilot program up the northern airway, which initia- along the northern border is one that quorum call be rescinded. tive Senators BURNS, DORGAN, CONRAD, The PRESIDING OFFICER (Mr. can work with the FAA because the and BAUCUS asked be started. This bill COBURN). Without objection, it is so or- FAA will probably have to give clear- funds two aircraft out of North Dakota ance for air traffic taking off. In addi- dered. to make sure that we have manned air- Mr. GREGG. Mr. President, it is my tion, the FAA will need to, it is my un- craft on the border. derstanding, offer a waiver for these understanding that the Senator from So this is an attempt to tool up the New York is going to offer an amend- types of aircraft as they have at the northern border. It is something that is southern border. It is my hope, in ment at this time. I ask unanimous going to take a lot more work. Cer- consent that the time between now and working with Senator BURNS, that this tainly in the long run there is going to will clear up potential problems that 5 o’clock be divided as follows: The have to be more than one unmanned Senator from New York have 40 min- may arise. I urge adoption of the vehicle on the northern border. There amendment. utes and that I have 15 minutes in op- will have to be quite a few. position. I think that adds up to the I have already spoken about this and As was mentioned by Senator BAU- why I think it is important. The efforts right time—actually, now, it doesn’t— CUS, the northern border appears to that I have 20 minutes in opposition. on the southern border are to combat have a high risk of terrorists coming illegal immigration, and on the north- Whatever is left after 40 minutes, that across it. We know numerous instances is what I have in opposition, and at 5 ern border they are more to combat now of the northern border being used terrorism. There are many more re- o’clock we proceed to a vote on the for potential terrorist crossings. There- amendment of the Senator. ports of potential terrorist casing and fore, we cannot ignore that border; we transporting of people into the United There will be 40 minutes for the Sen- are not ignoring the border. But the ator from New York, 20 minutes will be States from the northern border. It is issues there are a lot different than the becoming quite alarming. reserved to myself, and at the conclu- southern border because of the length sion of that time we will proceed to a It is our hope that this will help con- of the border. In fact, it is heavily trol the northern border and help with vote, or earlier should the time be wooded wilderness and difficult terrain yielded back on the time of the Sen- the additional personnel really needed to surveil. So I believe these unmanned on the northern border. We don’t have ator from New York. vehicles will be critical in the long run. The PRESIDING OFFICER. Without that personnel. I think this will help I congratulate the Senators for objection, it is so ordered. make our country more secure. I thank bringing this amendment forward. I The Senator from New York is recog- my colleague from Montana, Senator ask unanimous consent that the nized. BURNS, for making this suggestion. amendment be accepted. AMENDMENT NO. 4576 This is a good suggestion. It will The PRESIDING OFFICER. Without strengthen this amendment. I hope it Mrs. CLINTON. Mr. President, I call objection, the amendment, as modified, up amendment No. 4576 and ask for its will be agreed to. is agreed to. Mr. BURNS. Mr. President, I thank immediate consideration. The amendment (No. 4621), as modi- The PRESIDING OFFICER. The my friend and colleague from Montana. fied, was agreed to. clerk will report. The reason we filed that amendment on Mr. GREGG. Mr. President, we await The legislative clerk read as follows: Monday was for this particular reason: further amendments. The Senator from The Senator from New York [Mrs. CLIN- The FAA controls all air space. Just Illinois wishes to speak as in morning TON], for herself, Mr. SCHUMER, Ms. MIKUL- like we found out a little while ago, business. SKI, Mr. MENENDEZ, Ms. CANTWELL, Mr. KEN- they only have one area where a waiver The PRESIDING OFFICER. The Sen- NEDY, Mr. KERRY, Mr. LIEBERMAN, Mr. REED, has been granted, and this instructs ator from Illinois. Mr. LAUTENBERG, Mr. OBAMA, and Mr. that the Secretary of Homeland Secu- Mr. DURBIN. Mr. President, I ask AKAKA, proposes an amendment numbered rity will work with the FAA, and the unanimous consent that I be recog- 4576. FAA will work with the other agency nized to speak as in morning business. Mrs. CLINTON. I ask unanimous con- in order to allow this pilot program to The PRESIDING OFFICER. Without sent the reading of the amendment be move forward. It has already been es- objection, it is so ordered. dispensed with.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7392 CONGRESSIONAL RECORD — SENATE July 12, 2006 The PRESIDING OFFICER. Without we confront when it comes to home- about border security. What are we objection, it is so ordered. land security? Threat-based funding, going to do to keep our borders secure? The amendment is as follows: that was one of the key recommenda- Not enough. Under this administration, (Purpose: To restore funding to States and tions of the 9/11 Commission. Sadly, all despite the 9/11 attacks, our borders local governments for terrorism preven- too often funding decisions have been have become less secure. tion activities in the Homeland Security based on politics as usual. According to a May 2006 report by the Grant Program to fiscal year 2005 levels) I have been championing threat- nonpartisan Congressional Research On page 91, line 6, strike ‘‘$2,393,500,000’’ based funding ever since 9/11. I intro- Service, the U.S. Border Patrol grew at and insert ‘‘$3,183,500,000, of which $790,000,000 duced the Homeland Security block a faster rate and apprehended more un- is designated as an emergency requirement grant bill as well as the Domestic De- documented immigrants each year pursuant to section 402 of S. Con. Res. 83 (109th Congress), the concurrent resolution fense Fund Act, both of which provided under President Clinton than it has on the budget for fiscal year 2007, as made direct and threat-based homeland secu- under President Bush. We have the applicable in the Senate by section 7035 of rity funding to our communities and technology and the tools. Americans Public Law 109-234’’. our first responders. I have personally are certainly telling us they want us to On page 91, line 8, strike ‘‘$500,000,000’’ and made the case for threat-based funding make our borders secure. So let’s get insert ‘‘$1,100,000,000’’. to Secretary Chertoff and Secretary serious. Let’s employ new surveillance On page 91, line 9, strike ‘‘$350,000,000’’ and Ridge before him. Even funds sup- insert ‘‘$400,000,000’’. equipment, like detection centers, un- On page 91, line 22, strike ‘‘$1,172,000,000’’ posedly distributed based on risk have manned ground and infrared cameras. and insert ‘‘$1,312,000,000’’. been administered incompetently. We Let’s enlist and deploy the manpower On page 92, line 1, strike ‘‘$745,000,000’’ and just saw an inspector general’s report we need. insert ‘‘$885,000,000’’. from the Department of Homeland Se- We just voted on, unfortunately un- Mrs. CLINTON. Mr. President, I ask curity listing all of the alleged threats successfully, putting more money into unanimous consent that Senators around the country. With all due re- securing our mass transit systems: our OBAMA and AKAKA be added as original spect, you can read that list and it just roads, our rails, our tunnels. We know cosponsors to the amendment. causes your head to shake in bewilder- how important that is. I cosponsored The PRESIDING OFFICER. Without ment. Senator BIDEN’s rail security amend- objection, it is so ordered. In May, the Department of Homeland ment which would have provided an ad- Mrs. CLINTON. Mr. President, nearly Security announced its 2006 Homeland ditional $1.1 billion to enhance rail se- 5 years ago, as we all remember, on Security grants. Cities and States fac- curity, upgrade tunnels, provide for September 11, 2001, terrorists murdered ing high terrorist threats suffered con- more Amtrak police. But it failed. 2,819 Americans, including 2,752 in New siderable funding cuts, a decision that Today I am joining Senator SCHUMER York; 343 firefighters and paramedics can be largely attributed to a series of to submit an amendment to provide an and 608 police officers lost their lives. highly questionable risk assessments. additional $300 million for transit secu- It was the single deadliest attack on New York City and Washington, DC, rity nationwide. I hope it succeeds. American soil in our history. remain at the top of any intelligence Anybody who rides mass transit should We are here debating how much that we get with respect to threats. know we are doing everything we pos- money our country is ready, willing, Yet they were given drastic reductions. sibly can to take care of and eliminate and able to spend to protect our home- Funding under the Urban Area Secu- the vulnerabilities that our mass tran- land. What is clear, what has been rity Initiative alone was slashed in sit systems have. clear, is that the threat posed by ter- New York City by more than 40 per- Beyond our financial investments, we rorism requires a great mobilization of cent, and in Washington, DC, by 43 per- also need new strategies and creative American might, muscle, resources, cent. New York State has been strug- ideas. We have been talking about an and ingenuity. I do not believe that gling since 9/11 to come up with a com- interoperable communications system mobilization has yet occurred. prehensive State plan and has been try- since 9/11. The 9/11 Commission recog- Just in last December, the 9/11 Com- ing to scrape together funds for what nized the essential critical nature of mission, a bipartisan commission, re- are shortfalls from the Federal Govern- such a system. But year after year we ported that we should get failing ment. don’t do it. We bring amendments to grades for how we are responding to Today, I am joining my colleague, the floor, we make speeches, it doesn’t the challenges of homeland security. Senator MIKULSKI, and my partner, happen. Governor Tim Kaine said when it Senator SCHUMER, in introducing an In May of this year, I introduced leg- comes to protecting America, it is not amendment to the fiscal year 2007 islation to set up a Federal interoper- a priority for the Government right Homeland Security appropriations bill able communications and safety sys- now. The urgency may have faded, but to restore the Homeland Security tem to create a national emergency the threat has not. We only need to Grant Program funding. This amend- communications strategy, to make look at the news and see what hap- ment provides an additional $790 mil- sure that when police and fire depart- pened in Mumbai, India, yesterday to lion in Homeland Security funds so ments respond they can talk to each be reminded that terrorists strike any- that next year’s levels of funding will other; when the Federal Government where, at any time, at innocent people. match those of 2005. That is all this sends help through the Coast Guard or There are many problems with the asks for—bring back the funding to the military or FEMA, they can talk to strategy, or lack thereof, that we have what it was 2 years ago. each other, and they can talk to State been pursuing on behalf of homeland We have already heard eloquent and local officials as well. security. I regret that we have not statements on the floor about port se- I have also been fighting for several done more, we have not had a com- curity. We have already heard about years to make sure that we have a na- prehensive strategy, we have not put how difficult it is to get the kind of in- tionwide emergency 9–1-1 system so the money to work in smart, effective spections and screenings we need at that when you call from a cell phone ways, and we have witnessed dangerous our ports. That is why I cosponsored people will know where you are. incompetence with respect to the failed Senator BYRD’s port security amend- Can you imagine being caught in a response to Hurricanes Katrina and ment, and I am delighted that it actu- terrorist attack or a natural disaster Rita. We have gotten a lot of tough ally passed by unanimous consent. I and calling for help and people can’t talk, but I would take tough action only hope that we will fight for that hear you, can’t know where you are, anytime. We got a lot of rhetoric, but when this goes to conference and that can’t send help to you? It happens all I would take resources. We have had the administration will listen and sup- the time. campaign slogans, but I would rather port this extra funding for port secu- I was at an event this morning where have real security. rity. an emergency response director made What has been the No. 1 rec- We are still fighting for border secu- two horrifying calls that went unan- ommendation by every independent rity. We know that we have not done swered in one case and a late answer in group, every expert who has analyzed enough. We have had weeks of debates another because the cell phone couldn’t the threats we face and the challenges about immigration that are really be tracked.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7393 We have a lot to do. We can just for high-threat urban areas. The money partment of Homeland Security’s IG. stand here and list the problems. It is was leaving the Capital region and New There they go again over there at not just all about terrorism. Are we York to go to States such as Nebraska. Homeland Security. They can’t get it truly ready for a pandemic flu? Do we I respect the people of Nebraska. If right. Their own inspector general said have adequate security at our chemical they are in danger, I want them pro- the Department’s ability to assess risk and nuclear facilities? Are we prepared tected. I don’t know about the threats is seriously flawed. for the potential of a dirty bomb at- of Montana and Minnesota, but I sure Guess what. They count an insect zoo tack in a major population center? do know about the threats in Mary- and a bourbon festival as critical infra- I was encouraged that legislation I land. We are part of the Capital region, structure. authored to create a national system the home of the President of the When you listen to the fact that an to track radiological materials that United States, the home of the Con- insect zoo ranks up there with the Su- could be used to make a dirty bomb gress of the United States, the home of preme Court, doesn’t that bug you? was finally passed. I thought: OK. the Cabinet that runs Government, the Earlier this year, the Department of Great. I can check that off my worry home of the Supreme Court, and the Homeland Security failed to list the list, which is a pretty long list being a FBI. Statue of Liberty and the Empire State Senator from New York. In the Capital region we have the Building. Then I find out that the administra- Pentagon, we have the Central Intel- They do not know the difference be- tion announced a national plan, which ligence Agency. In Maryland, we have tween a bourbon festival and the Stat- was the whole idea behind tracking ra- three intelligence agencies gathering ue of Liberty. They don’t seem to know diological materials. They wanted to technical information—and they say the difference. have a State-by-State approach. In a we are not a high threat? This is the data that the Department nutshell, that is what is wrong. It is a On September 11, we lost 60 Mary- of Homeland Security used to allocate national problem. The attacks of 9/11 landers at the Pentagon, mostly Afri- the funding for Homeland Security may have happened in Washington, in can American, mostly who worked in grants. New York, and in a field in Pennsyl- the clerical positions. And we said a There were in the State of Indiana grateful nation would never forget. vania, but they were attacks on every over 8,000 assets listed, and in New Just like the other Marylanders who single American, on our way of life, on York over 5,000. Just come with me died at the World Trade Center, we said our values, on our freedom. I don’t down the Baltimore-Washington cor- a grateful nation would never forget. think we want State-by-State re- ridor as you pass these agencies that And the way that we are never going to sponses. Do you think terrorists are are helping people. There are the forget is to make sure it doesn’t hap- going to stop at a State border or a threats. We have high-threat targets pen again—to protect against attacks county border? I don’t. because of what they do in national se- and, second, that we were going to do We have to restore confidence and curity, such as the National Security whatever we could to be able to be competence as we approach this prob- Agency. ready and respond to any of these at- lem of homeland security. We have We have threats of the heart, like the tacks. made some progress but not nearly National Institutes of Health. Can you When we saw that smoke here at the imagine the blow to research if some- enough. Sadly, I think we have put dif- Capitol that day, it just wasn’t on tele- thing happened to NIH? Then come ferent priorities ahead of securing our vision. I was so proud of the fact that with me over there to Calvert Cliffs country. I regret that. I hope we make it was Maryland first responders who where we have a nuclear power plant, amends. I hope we get back on the were first on the scene because they and then come up along the bay and right track with a comprehensive plan, work together in the Capital region. see the U.S. Naval Academy. with the right strategies, with the ap- Rescue One out of Chevy Chase, MD, How does that rank? That is Mary- propriations we need, and with the dis- dashed across the Potomac to be first land. Then, of course, there is New tribution of those taxpayer dollars in a on site at the Pentagon. They were York. We all know that New York smart and effective manner, not poli- worried in northern Virginia because showed up on every single list. tics as usual. they didn’t know what else would hap- I commend the Senator from New I see on the Senate floor my col- pen. league and friend, one of the great I visited that site. Again, on a bipar- York for offering this amendment. I believe that as we have organizational re- leaders on homeland security, the Sen- tisan basis, I and OLYMPIA SNOWE ator from Maryland. I yield to her toured the site together. We saw the form for Homeland Security, as the whatever time she needs. rubble of the Pentagon. We saw them Collins’ amendment did, and the Clin- The PRESIDING OFFICER. The Sen- working to save lives. We saw how they ton amendment made such a strong ator from Maryland is recognized. had worked together in the Capital re- point, we should have resource funding Ms. MIKULSKI. Thank you very gion. Obviously, Homeland Security, reform, and the heart and soul of that much. its agencies, and its database doesn’t is the resource funding should follow Mr. President, once again I rise with get it. They don’t get it. They do not risk. great pride to support the amendment get the fact that the 9/11 Commission The Department of Homeland Secu- offered by the Senator from New York, recognized the threats facing our urban rity along with FEMA should be oper- Mrs. CLINTON, as she has so often in the areas and said target the resources at ating on a risk-based strategy with past stood for the fact that funding to the areas of greatest need. confident professional people who have fight terrorists and to be ready for any The Senate recognized the threat fac- to learn the difference between an in- kind of major disaster should be based ing the Capital region when they sect zoo, the Supreme Court, and the on risk. In other words, money should worked with Senators WARNER, ALLEN, White House. If they can’t get that go to where there is the greatest risk. SARBANES, and myself to establish an straight and they didn’t know how to The Senator from New York has been a Office of the National Capital Region build lessons, and they say: Don’t longstanding advocate of this from so we could coordinate in the most ef- worry ‘‘Brownie,’’ you are doing a good September 12 to standing here today. fective way. It enabled the Capital re- job, there they go again. I am fed up I support this amendment, as I, too, gion and also New York and other with it. have done in the past. I am so frus- major areas to receive extra resources. If I could vote one more time to dis- trated with the Department of Home- However, the Department of Homeland solve the Department of Homeland Se- land Security. It can’t get its act to- Security that gave us the Katrina curity, I would. I can’t quite do that. gether. It can’t get the job done. It aftermath ignored Congress and ig- But what I can do is make sure that makes poor decisions on allocation, nored the Commission, and they the right resources go to the areas with and it is saturated with waste and slashed the resources for New York and the greatest risk. Baltimore would ben- fraud. the Capital region by 40 percent. They efit. The Capital region would benefit. The last straw was when I opened the said we had gotten money. Oh. Right. New York would benefit. But it is not paper and saw that the Department of They said: Our database shows you about money. It is about saving lives Homeland Security was slashing funds don’t deserve it. Thank God for the De- and saving people.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7394 CONGRESSIONAL RECORD — SENATE July 12, 2006 I want to enthusiastically support The Clinton amendment restores land security efforts—specifically the the Clinton amendment and know that funding for the State Homeland Secu- ability of first responders to prevent, we are here to try to do this, to save rity Grant Program, the Law Enforce- prepare for, respond to, and recover lives, to save communities, and to pro- ment Terrorism Prevention Program, from terrorist attacks or catastrophic tect the United States of America. If and the urban area security initiative natural disasters. I commend my col- they do not know how to be the De- to the fiscal year 2005 levels. leagues, Senators CLINTON, SCHUMER partment of Homeland Security, let us New York and New Jersey bore the and MIKULSKI, for authoring this crit- in Congress be the ones who under- brunt of the attacks on September 11 ical amendment and am proud to join stand it and properly fund it. and continue to be the most at risk. them as a cosponsor. In conclusion, I thank the Senator Just recently, a Lebanese citizen was September 11, 2001, changed our lives from New Hampshire because under his taken into custody with two other in- forever. We face new and dangerous leadership the Commerce-Justice Sub- dividuals for plotting to bomb the threats from our enemies that we must committee was the first committee to PATH railway tunnels under the Hud- be prepared to deal with. Furthermore, hold comprehensive hearings on ter- son River that connect New Jersey and the Federal response to Hurricane rorism. He remembers the questions New York. Katrina proved beyond a shadow of a and who was in charge. Obviously, you We have seen terror strikes all over doubt that we are still a nation unpre- can see that the Department of Home- the world. Just yesterday, bombs went pared for catastrophe. We know our land Security is not. off on 7 different trains during rush first responders lack the training, I support the Clinton amendment and hour in India, killing 160 people and equipment, and frequently the man- am happy to be a cosponsor. wounding over 460. We do not yet know power they need to do their jobs. Most Mrs. CLINTON. Mr. President, how who is responsible for that atrocity, don’t even have the basic capability to much time remains on our side? but coming on the heels of the London communicate with one another across The PRESIDING OFFICER. There is and Madrid transit system bombings jurisdictional and service lines, and 18 minutes and 38 seconds. and the two attacks on the World Hurricane Katrina demonstrated that Mrs. CLINTON. I yield 6 minutes to Trade Center, it is clear that terrorists sometimes during a major catastrophe the Senator from New Jersey, to be fol- strike in places that are vulnerable, they can’t communicate at all. lowed by the Senator from New York, where they can maximize the number Yet the Bush administration seems Mr. SCHUMER. of innocent civilians who will be killed to have turned its back on the lessons The PRESIDING OFFICER. The Sen- or wounded. of September 11, 2001, and of August 29, ator from New Jersey is recognized for The FBI has identified the 2-mile 2005, the day Hurricane Katrina made 6 minutes. strip between the Port of Newark and landfall. The President’s budget pro- Mr. LAUTENBERG. Mr. President, I the Newark Liberty International Air- posal did nothing to indicate other- thank the Senator from New York for port in New Jersey as the most at risk wise. That proposal eliminates a num- yielding time. area in the entire Nation for a terrorist ber of first responder programs and What the Senator is attempting to do attack. Yet my State’s Homeland Se- cuts others, leaving those on the is make sure we react appropriately to curity funding was cut by $4.6 million frontlines of the war against terror or the threats we face. We talk about when the fiscal year 2006 grants were on the frontlines of a hurricane, strug- making sure our citizens are safe. We allocated. And New Jersey got off rel- gling to make do with less. It was the want to make sure they are safe from atively well, with an 8 percent cut, latest chapter in an ongoing assault on terrorist attacks around the world, but compared to New York, which lost 37 these vital programs: this is the third it has to be focused on protecting our percent of its funds, or Texas, which straight year the administration has homeland from yet another terrorist lost 31 percent of its funds. sought dramatic cuts in first responder attack. Unfortunately, the amounts Are we truly protecting our citizens funding, down from $3.95 billion in fis- dedicated to State and local Homeland if we keep cutting homeland security cal year 2004 to just $1.97 billion in this Security grants in this bill fall far funding? No, we are not. Have we al- year’s request. short of that goal. ready won the war on terror? Has the The appropriators have done what Senator CLINTON’s amendment is cru- mission been accomplished? they could to restore the worst of the cial because it restores $790 million We are fighting terrorists in Afghani- proposed administration cuts, but their that has been slashed from Homeland stan and Iraq. We want to make sure bill still leaves some programs below Security grant programs over the past our troops on the front lines there have current levels. We simply cannot con- 2 years. This amendment will help en- everything they need to do the job. But tinue to shrink these accounts that sure our high-risk States and cities get the other front line is the home front form the backbone of our homeland de- what they need to protect their citi- line. We have to make sure our States fense. This amendment calls a halt to zens and to defend our country. and our cities and particularly those this dangerous slide. It would provide How can we justify cutting Federal places most at risk have everything $790 million to restore the key first re- Homeland Security funds at this time? they need to do the job. sponder accounts to fiscal year 2005 The administration has been warning What are our priorities in the Sen- levels. Specifically, the amendment us about terrorist plots targeting the ate? Reducing inheritance tax for would: Add $600 million for the State passenger rail tunnels between New multimillionaires or providing our Homeland Security Grant Program, York and New Jersey. They have bro- communities with Homeland Security SHSGP, the fundamental building ken up another plot that targeted the funds? This is the choice we face on block of States’ homeland security ef- Sears Tower in Chicago, areas that are this amendment. forts, to bring it to $1.1 billion; add $50 under considerable risk. How do we jus- We may disagree on whether it is ap- million for the Law Enforcement Ter- tify cutting funds? propriate to have nonrisk-based for- rorist Prevention Program, LETPP, to We are going to spend some $500 bil- mulas apply to Homeland Security restore it to $400 million. This program lion on the war in Iraq and Afghanistan grants, but we can all agree that cut- helps empower our first responders to before this year is out. We should be ting overall funding year after year is prevent terrorist attacks, not simply making sure we protect ourselves from not making anyone safer. respond after the fact. Add $140 million an attack from abroad. But how about I urge my colleagues to support Sen- for the urban areas security initiative, attacks within our boundaries? Almost ator CLINTON’s amendment. I proudly UASI, to restore the program to the FY 3,000 people lost their lives on Sep- support it. We desperately need this 2005 total of $885 million. This program tember 11. Nothing could have been restoration of funding for homeland se- targets additional resources to urban worse than to see the consequences of curity. I urge my colleagues to support centers that bear particular risk of ter- that, as we did from the State of New this amendment. ror attacks. Jersey. We could see the smoke from I yield the floor. Frankly, we can and should do more. the towers. We could see the dis- Mr. LIEBERMAN. Mr. President, I Interoperability—the ability for our appearing World Trade Center facili- am pleased to speak on behalf of this first responders to talk to each other— ties. amendment to strengthen our home- is an urgent need and one that will cost

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7395 far more than even this amendment On page 92, line 16, insert ‘‘: Provided, That Homeland Security that reflected itself will provide. In 1993, an expert task not less than $50,000,000 shall be made avail- in the formula by which our city and force chaired by our former colleague able for grants for transit and intercity pas- our State were dramatically cut. senger rail security research and develop- The amendments we are talking Senator Warren Rudman concluded ment: Provided further, That not less than that the Nation needed to invest nearly $50,000,000 shall be made available for grants about would both increase the size of $100 billion more in equipping and for overtime compensation in high threat the pie desperately needed when we training our first responders. Instead of areas’’ after ‘‘transit security grants: Pro- know the war on terror is real and the heeding that call, this administration vided further, That the amount provided threat to our homeland is not sub- has instead led us down a path of under this subparagraph is designated as an siding. It is desperately needed because shrinking resources for first responder emergency requirement pursuant to section we are one Nation. Just as the mayor 402 of S. Con. Res. 83 (109th Congress), the programs. This amendment would be concurrent resolution on the budget for fis- of New York City is not on some peer an important step to reverse the ero- cal year 2007, as made applicable in the Sen- review panel to determine whether New sion of these critical accounts. ate by section 7035 of Public Law 109–234’’ York City should get corn subsidies, Our enemies are ruthless and choose after ‘‘security grants’’. the small town officials, who are very their own battlefields in the commu- Mr. SCHUMER. Mr. President, I am good people in defending their city, are nities where we live and work. Nature, proud to join with my colleagues from not the folks to determine how much too, can be ruthless and will strike in New York and New Jersey. We are New York needs and where it needs it. unpredictable ways year after year. We doing three amendments together. One, We will be having other amendments must have first responders who are Senator CLINTON’s amendment, in- later that deal with some of the spe- trained and equipped not just to pre- creases the threat money. The second, cific issues. pare for and respond to catastrophes the amendment of Senator MENENDEZ, My amendment is the third leg of but to work to prevent them, as well. which I believe will be offered within this stool. New York has been targeted We worked with a real sense of ur- the hour or shortly thereafter, will repeatedly, whether it is releasing cya- gency after September 11, 2001, to se- change the wording in the formula. My nide on a New York City subway car or cure our nation. We must summon that amendment increases money for tran- trying to blow up the PATH that Sen- same sense of urgency now to close the sit homeland Security by $300 million. ator LAUTENBERG talked about that security gaps that remain. I wish there All of these amendments are important brings millions of commuters during was a cheap way to do that. But there to our New York-New Jersey area. the course of each year across the river isn’t. It takes money—more money We have seen, in the last few months, from New Jersey to New York. than the administration’s budget offers two things. First, the New York-New The terrorists know what we are and more money than this appropria- Jersey area, of course, continues to be, doing. The Internet allows them to tions bill currently provides. I urge my unfortunately, a target of choice. When know it. They look for our weakest colleagues to support this amendment terrorists talk about creating devasta- pressure point. so that we can make additional head- tion to our homeland, unfortunately, We have done virtually nothing on New York comes first to their minds. It way toward our goal of being better rail security. Nothing. We spend a cou- means that our city has to be extra able to prevent, prepare for, respond to, ple of pennies for each mass transit vigilant. Our State has to be extra vigi- and recover from the terrorist attacks rider while we spend $7 or $8 on each lant. Our friends across the river have and natural disasters that are sure to person who flies. And I am glad we to be extra vigilant. spend the $7 or $8 on the people who come. Frankly, while there are threats ev- Mrs. CLINTON. How much time re- fly. But mark my words, the terrorists erywhere, New York has to be more know if air travel is pretty well pro- mains? vigilant than anywhere else. Yet in a The PRESIDING OFFICER. The Sen- tected they will look somewhere else. deep disappointment that still wounds The most logical place they look, un- ator has 12 minutes and 53 seconds. us, the Homeland Security Department Mrs. CLINTON. I yield 10 minutes to fortunately, is to the rails, where mil- dramatically cut back on our funding. lions of people are in unguarded en- the Senator from New York. The amendment Senator CLINTON is trances, coming together. We saw it in The PRESIDING OFFICER. The Sen- offering with which I am proud to be Madrid. We saw it in London. Unfortu- ator from New York is recognized. her partner, along with Senator nately, once again, we saw it in AMENDMENT NO. 4587 MENENDEZ and Senator MIKULSKI, basi- Mumbai yesterday. We will see it Mr. SCHUMER. I ask unanimous con- cally increases the overall pot because again. I wish that were not true. God sent the pending amendment be set we have two problems. The pie is not forbid, but it will happen. aside. large enough, and the way the pie is This is a modest amendment. My col- The PRESIDING OFFICER. Without distributed, maldistributes the money. league, Senator BIDEN, asked for a objection, it is so ordered. Senator MENENDEZ’ amendment deals large amount of money. This is just Mr. SCHUMER. I call up my amend- with how the money is distributed. $300 million, but it will go a long way. ment No. 4587. It is an outrage that the Secretary of Right now we only spend $150 million. The PRESIDING OFFICER. The Homeland Security, who promised Con- What we would do in our amendment is clerk will report. gress before he was nominated that he double, add $200 million, grants on rail The assistant legislative clerk read would be fair to New York, has cut security, the personnel, the dogs. Talk as follows: back so dramatically. He has used the most foolish of formulas. He had a peer to terrorist experts. They say dogs that The Senator from New York [Mr. SCHU- can smell explosives or biological or MER], for himself, Mr. MENENDEZ, Mrs. CLIN- review process. I have great respect for chemical weapons are the best anec- TON, and Mrs. BOXER, proposes an amend- the sheriff of a small town in the ment numbered 4587. Rocky Mountain States, but in all due dote. This would pay for things like respect to that sheriff, he should not be that. Mr. SCHUMER. I ask unanimous con- We also put aside $50 million to de- sent the reading of the amendment be the judge of how New York needs money. velop detection devices. Technology al- dispensed with. lowed terrorism to occur. Technology The PRESIDING OFFICER. Without Today we saw the list of terrorist sites. It reaches the point of absurdity. can protect us. But we are not availing objection, it is so ordered. ourselves of that technology. One of The amendment is as follows: The Old McDonald Petting Zoo is a target for terrorists. I have been to pet- the things I have been pushing for for (Purpose: To increase the amount appro- ting zoos when I was a kid. I took my years is the money to develop a detec- priated for transit security grants by tion device, much like a smoke detec- $300,000,000) children to petting zoos, but I never saw a terrorist hiding behind one of the tor, that could sit on the ceiling of a On page 91, line 6, strike ‘‘$2,393,500,000’’ subway car or in the entrance of a rail- and insert ‘‘$2,693,500,000’’. sheep in Little Bo’ Peep’s flock. Then On page 91, line 22, strike ‘‘$1,172,000,000’’ they have the Amish Popcorn Factory road station. When someone came by and insert ‘‘$1,472,000,000’’. as a terrorist site. with a great deal of explosives or bio- On page 92, line 13, strike ‘‘$150,000,000’’ and Why did this happen? It is because of logical or chemical or nuclear material insert ‘‘$450,000,000’’. the careless and sloppy attitude at on their bodies, it would go ‘‘beep,

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7396 CONGRESSIONAL RECORD — SENATE July 12, 2006 beep, beep,’’ and the police would be need to secure our streets, our rails, Mrs. CLINTON. Mr. President, I ask able to make an arrest before damage and our subways. unanimous consent that Senator was done. According to the American Public BOXER be added as a cosponsor of my This amendment sets aside a modest Transportation Association, our Na- amendment. $50 million to begin that research. tion’s transit systems need over $5 bil- The PRESIDING OFFICER. Without Finally, the amendment provides $50 lion in capital equipment and $800 mil- objection, it is so ordered. million for overtime reimbursement. lion per year in annual operating ex- Mrs. CLINTON. Mr. President, I Every time we hear of a threat in a dif- penses in order to adequately meet se- think this debate must be very con- ferent part of the world, the New York curity needs. One hundred and fifty fusing to people around our country City police department must put men million dollars a year is not going to who might be tuning in or sitting in and women on overtime to guard the get us there. The Schumer/Menendez the galleries because we should be subways and the dog squads and every- amendment provides $300 million—not spending an appropriate amount of one else. This is a Federal responsi- the entire amount we need but a cru- money, not wasting it. We should have bility. cial increase over what we are cur- it focused. We should not be thinking The bottom line is, the soft under- rently providing. In addition to adding of funding places and institutions like belly of subways, buses, and tunnels $200 million for additional transit secu- those referred to by both Senators are highly vulnerable to the kinds of rity grants, the amendment also pro- SCHUMER and MIKULSKI. And I think it terrorist attacks we have seen in Lon- vides money for research into new se- is bewildering for us even on the floor. don and Madrid and Mumbai. Unless we curity technologies for transit and It has been so difficult to get a take real steps to beef up mass transit intercity rail. We all know that air- straight story out of the Department of security immediately, the bottom line port-style screening of everyone board- Homeland Security, to get any kind of is, we spend more than $7 per airline ing a train isn’t going to work. But clear sense of what the strategy is. passenger on air security but little that doesn’t mean we can simply give What is it we have to do to make a case more than a penny per mass transit up. New technologies offer the promise based on threats and risks? And why is rider. of being able to detect explosives and money being cut from the places that In the wake of these most recent chemical weapons far quicker and less are at the top of the terrorists’ hit list? threats and yesterday’s tragic attacks obtrusively than we do now, but we I do not have an explanation. The in India, we need to be doing a lot more need to put the money into researching closest I can come is that we have to even the score. This week, we have those technologies. This amendment other priorities in this Congress and on increased funding for border security will do that. This amendment also pro- the other end of Pennsylvania Avenue. and port security. I ask my colleagues vides money to help local law enforce- We would rather spend money on tax to do the same for rail systems. I will ment authorities out with overtime cuts for the wealthiest among us. I just ask for the yeas and nays on this when their region is declared to be a do not get it. amendment at an appropriate time. high threat area, which is sorely need- But we have a chance to send a very I yield back the remainder of my ed in high-risk areas such as the New clear message with this amendment, to time to my friend and colleague from York and New Jersey metropolitan re- say: Look, there is not anything more New York. gion. important. Let’s do it right. Let’s re- Mr. MENENDEZ. Mr. President, I I never want to be standing here and quire the highest level of competence rise in strong support of the amend- discussing an attack that happened a from this administration and particu- ment offered by my friend and col- day earlier on an American subway larly the Department of Homeland Se- league from New York. Sadly, today is system, on American trains, or on curity. Let’s not spend money waste- an all too appropriate day to be offer- American buses. It is bad enough that fully, but let’s spend money where we ing an amendment to increase transit I have to stand here today and discuss know it will give us the best results to funding. Yesterday, the savage bomb- yesterday’s tragic events in India. But protect our country. ing of eight commuter trains in this is one more wake-up call to a Con- I make a special plea on behalf of Mumbai—densely packed during the gress that has continued to hit the New York. We have spent billions of evening rush hour by people just trying snooze button when it comes to transit dollars in New York City and New York to make their way home—showed once security. I want my colleagues to ask State. It is not like we have been wait- again that terrorists find public trans- themselves what they would be willing ing around. We have created a 1,000- portation to be an extremely attractive to do, what commitment they would be person intelligence unit with the target. Currently, the Indian govern- willing to make, if yesterday’s news NYPD, with detectives all over the ment reports that over 200 people died had been about trains in New York, country. We have spent a lot of money in the blasts, and the death toll is ris- Chicago, Los Angeles, Atlanta, Denver, beefing up the personnel and putting in ing. And so our thoughts and prayers Houston, Buffalo, or any other Amer- equipment. But we need help. We can- are with the people of Mumbai, and our ican city. Well, we don’t need to wait not take a 40-percent cut and protect minds should be riveted back here in for an attack on American soil. We can everything that needs to be protected the United States. make that commitment now, we can in New York City—from the mass tran- Two years ago, we saw tragic bomb- provide the resources now so we don’t sit system, to the Statute of liberty, to ings in Madrid; last year, in London; look back some day and ask ourselves, the United Nations, to the ports, to yesterday, Mumbai. Each of these ‘‘Why didn’t we do then what we need bridges, to the tunnels; you name it. should have served as a wake-up call to to do today?’’ And we should ask our- So I hope we will have a bipartisan this country, a call to action for Con- selves now, ‘‘How much more would we vote in favor of going back to the gress to act to secure the over 14 mil- be willing to spend after the fact?’’ It is amount of money we spent in 2005, and lion Americans who use public trans- far more expensive to respond to an at- making sure we spend it in accordance portation to get to work each day. The tack than to try to prevent one. The with threat and risk. recently disclosed plot against the tun- Schumer/Menendez amendment is not Mr. President, I ask for the yeas and nels under the Hudson River highlights the final step, but it is a necessary nays on amendment No. 4576, and yield the need for action. One of the targets step, and I urge my colleagues to sup- back the remainder of my time. was the PATH subway tunnel that car- port it. The PRESIDING OFFICER. The Sen- ries over two hundred thousand people Mr. President, I ask unanimous con- ator yields back her time. a day back and forth between New sent to set aside my amendment. Is there a sufficient second for the York and New Jersey. And yet, we con- The PRESIDING OFFICER. Without yeas and nays? tinue to spend a virtual pittance on objection, it is so ordered. There appears to be a sufficient sec- transit security. The Federal Govern- AMENDMENT NO. 4576 ond. ment spends about $9 on security for Mrs. CLINTON. Mr. President, how Mr. GREGG. This is on the Clinton each airline passenger, but only about much time remains on our side? amendment? 1 cent for each bus or train rider. While The PRESIDING OFFICER. Three The PRESIDING OFFICER. On the we need to secure our airways, we also minutes 12 seconds. Clinton amendment.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7397 There is a sufficient second. crow this money until we can work did not mean they should not have got- The yeas and nays were ordered. with these two cities, and regions in ten the money. It should have meant The PRESIDING OFFICER. The Sen- the case of New York and Washington, the Department should have sat down ator from New Hampshire controls 20 and get the plans in order. But that is with them and figured out how to get minutes. not the decision that was made. The it right. However, that is, as they say, Who yields time? decision was made to move the dollars history. Mr. GREGG. Mr. President, I suggest to other locales. So there are equities, As we have moved forward, I believe the absence of a quorum. in my opinion, in the arguments made we have put in adequate language to The PRESIDING OFFICER. The by the Senators from New York and make it clear. And certainly this floor clerk will call the roll. the Senators from Maryland and New discussion, I hope, illuminates the The assistant legislative clerk pro- Jersey. And the equities are strong issue further, that we expect these two ceeded to call the roll enough that we actually put language regions to receive the resources which Mr. GREGG. Mr. President, I ask in our report that requests that the De- are in the pipeline, and to receive them unanimous consent that the order for partment place a higher priority on in a robust way, but under the condi- the quorum call be rescinded. risk and that they focus on dealing tion that the various programs which The PRESIDING OFFICER. Without with this type of a situation. And I am they send down here have been worked objection, it is so ordered. certainly expecting it will not happen through so both sides have confidence Mr. GREGG. Mr. President, let me again the way it happened this year. the money is going to be used effec- begin by saying that when I read the But that is not the essence of this tively. article that was in the paper about the amendment. The essence of this I will, however, have to make a point decision to basically transfer a signifi- amendment offered by the Senator of order against this amendment from cant amount of dollars from New York from New York is to increase funding the Senator from New York because I and Washington, I was surprised and above our allocation—I guess it claims do not believe the best approach at this quite shocked. I said to myself: That it as an emergency—and to basically time is to simply bust the budget, put doesn’t make a whole lot of sense. Be- put additional dollars on the table for more money in the pipeline, declaring cause I think most of us understand the purposes of these types of threat- an emergency, in order to address what that New York, Washington, Los Ange- based grants. was really a programmatic issue and a les, Chicago, and a couple of other Now, I think it is important to un- failure of communication, to be quite spots which are probably better not to derstand that since we started this pro- honest—a massive failure—between the mention, are truly the No. 1 targets. gram we have put $14.6 billion into the city of New York and the city of Wash- Certainly, New York is at the top of pipeline to try to assist the cities and ington and the Department of Home- every list, as is the city of Washington. areas of highest risk, and that in this land Security as to how they should So I thought: Why are we doing that? bill we have $2.4 billion to accomplish have handled the funds which were in Or why was the Department doing that. That is a lot of money. And of the pipeline. that? They did not advise us, obvi- that money, only $6.1 billion has actu- So when the proper time comes, I ously. ally been taken down. In other words, will make a point of order that this I looked into it, and they have a there is still literally close to $9 billion amendment busts the budget and is not peer-review process for the application when you consider this year of money an appropriate use of the emergency of these funds. All these funds go out available to address these issues. And designation. under a threat-based concept. This has to put another big chunk of money on AMENDMENT NO. 4587 been the insistence of this committee. top of that, really, I do not think is As to Senator SCHUMER’s amend- There are funds that do go out under going to improve the situation from ment, which is a follow-on to Senator the formula. I do not happen to be a big the standpoint of what New York and BIDEN’s amendment, I would just renew fan of the formula. It is not a lot of Washington are concerned about, be- the comments I made under Senator funds compared to the entire block of cause I think there is enough money in BIDEN’s amendment. We have again in- funds. But the vast majority of the the pipeline to accomplish much of creased the funding for rail. It is not funds flow out on the basis of threat- what they desire. anywhere near where I would like to be based decisions. The right way to correct this prob- able to put it, but it is an increase. Now, what happened was, of the 46 lem relative to New York and Wash- But, more importantly, there is a large cities that were in competition for ington is to have the Department un- amount of money again in the pipeline these funds, New York came in 44th derstand these are the priority sites, coming through the funding for Am- and the District of Columbia came in and that if the proposals coming in trak—$770 million, which is available 42nd in evaluation of their proposals. from these two regions are not of a for capital improvement. And their proposals, in fact, were just quality that give the Department con- On top of that, it is very interesting, plain poorly written; not only poorly fidence that the money is going to go if this is such a high priority, why has written, they were poorly structured, out and be used effectively, then they the discretionary money which we are and they did not have behind them the should sit down with these two regions sending to these major metropolitan backup that was necessary to make and work out the process so we do it communities been used in such a minor them viable proposals. right—escrow the money, sit down, way to address rail security? In that context, the decision was work out the problem, figure out how The average, I believe I said earlier, made to take these funds and move the money can be used so everybody was like 2 percent, and in New York’s them over to other applicants who had knows it is being use effectively. So case they are using 8 percent of their put in better proposals. I guess if I had that would be the way I would resolve discretionary money for rail security. been managing the Department, what I this issue. They get a huge amount of money. In would have said is: Listen, we know To simply put more money in the fact, New York—and I think this that Washington and New York are the pipeline, when we have this much should be mentioned for part of the primary targets. We also know these money in the pipeline, I do not think is Record—gets dramatically more proposals, as they came forward, were going to resolve it. For all we know, money; even when they lost the funds just not very good proposals and really they might still not get the money if in this competitive grant process, they did not accomplish the goals we are they went through this same approval still get, I think, about twice what any seeking in the issue of addressing process they had this year. Hopefully, other community gets, twice what any threat and effectiveness. And effective- they won’t. I did note comments by the other community in the country gets. ness should be part of this. We should mayor of New York—and I respect him And they deserve it, quite honestly. not take effectiveness out because for this—where he said he recognized They are where the basic threat is. So there is no point sending money out if the proposal they sent down here was I do not begrudge them that. we are not going to get results for it. not up to snuff. That is my character- But the fact is, they get a large Probably, if I had been in charge, had ization, but that is the way I read it. amount of resources, and they could the magic wand, I would have said, es- And he is right. It was not. But that take much more than 8 percent of

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7398 CONGRESSIONAL RECORD — SENATE July 12, 2006 those resources and put them toward Mr. GREGG. I yield back the balance Mr. SCHUMER. Mr. President, this rail, if they wanted to. But they do not. of my time, unless the Senator from amendment is simple. It adds $300 mil- And to simply put more money on top New York wants 2 minutes. I renew the lion to probably the most woefully ne- of this, and, thus, once again go well point of order. glected area of homeland security, and beyond our allocation, is a mistake and Mrs. CLINTON. Mr. President, pursu- that is security on the rails, whether it not the fiscally prudent thing to do, ant to section 402 of House Concurrent be mass transit, whether it be long- nor is it the best way to approach the Resolution 95, the concurrent resolu- term passenger rail, or freight. threat in the context of the dollars tion on the budget for fiscal year 2006, We have seen in the last year that which are coming from other areas and I move to waive section 402 of that con- transit rails are a target of choice for can be used to address the threat—such current resolution for purposes of the terrorists. We saw it in London, we saw as the underlying Amtrak funding, pending amendment and ask for the it in Madrid, and we saw it just yester- such as the grants program, which is yeas and nays. day, unfortunately, once again in billions of dollars, and the basic fund- The PRESIDING OFFICER. Is there a Mumbai. Our rails are very vulnerable. ing in this bill for rail security. sufficient second? We spend over $7 per air traveler for There appears to be. So I will also make a point of order homeland security; we spend about a The question is on agreeing to the against that amendment. penny for mass transit. And the terror- motion. I have suggested—and I suggested it ists always look for our vulnerability. to Senator BIDEN and to Senator SCHU- The clerk will call the roll. Transit is vulnerable. Passenger rail is MER—if rail really feels it needs a sig- The legislative clerk called the roll. vulnerable. Freight rail is vulnerable. nificant increase in resources, they The yeas and nays resulted—yeas 47, There are miles and miles of unguarded could do it the same way the airlines nays 53, as follows: track and thousands of people entering have done it, by assessing a fee on pas- [Rollcall Vote No. 195 Leg.] unguarded entrances. If there were ever sengers. That is how we pay for the air- YEAS—47 a place we needed help, this is it. lines. That is how we are paying, basi- Akaka Feinstein Murray cally, for TSA. A $5 fee would generate, Baucus Harkin Nelson (FL) There are, obviously, things we are Bayh Inouye essentially, the number that Senator Obama doing on port security. The amendment Biden Jeffords Pryor of the Senator from West Virginia in- BIDEN wanted. About a third of that Bingaman Johnson Reed would generate the number that Sen- Boxer Kennedy Reid creased that funding. It makes no Byrd Kerry ator SCHUMER feels is necessary. And Rockefeller sense, given that the rails have been Cantwell Kohl Salazar the target of the last three major ter- that is one way they could redress Carper Landrieu Sarbanes Clinton Lautenberg rorist attacks around the world, to their issue and still stay within the Schumer Collins Leahy have a paltry $150 million for rail secu- budget, if they felt it was that impor- Snowe Dayton Levin rity. tant a question. DeWine Lieberman Specter AMENDMENT NO. 4576 Dodd Lincoln Stabenow Mr. GREGG. Will the Senator from So at this point, Mr. President, I Durbin Menendez Talent New York yield? I believe we had a 1- Wyden yield back the remainder of my time, Feingold Mikulski minute agreement. unless the Senator from New York— NAYS—53 Mr. SCHUMER. I thought it was 2. she used up all her time. I didn’t know Alexander DeMint Martinez How much time do I have remaining, if the Senator wanted to respond to Allard Dole McCain Mr. President? Allen Domenici McConnell anything I said. Bennett Dorgan The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Murkowski Bond Ensign Nelson (NE) ator has 34 seconds remaining. ator from New York has yielded back Brownback Enzi Roberts Mr. SCHUMER. Thirty-four seconds. her time. Bunning Frist Santorum In the interest of moving things along, Mr. GREGG. Does the Senator want Burns Graham Sessions Burr Grassley I yield back the remainder of my time Shelby any of my time to respond or is the Chafee Gregg Smith and urge an ‘‘aye’’ vote on this impor- Senator all set? Chambliss Hagel Stevens tant amendment. Coburn Hatch Mrs. CLINTON. Two minutes if I Sununu could. Cochran Hutchison Mr. GREGG. Mr. President, also in Coleman Inhofe Thomas the interest of moving things along, Mr. GREGG. I yield the Senator 2 Thune Conrad Isakson the debate in opposition to this amend- minutes of my time. Cornyn Kyl Vitter The PRESIDING OFFICER. The Sen- Craig Lott Voinovich ment has been made relative to the ator from New York is recognized for 2 Crapo Lugar Warner Biden amendment. It is basically a minutes. The PRESIDING OFFICER. On this ‘‘little Biden,’’ and it is in excess of the Mrs. CLINTON. It is my under- vote, the yeas are 47, the nays are 53. ability of this committee to fund it at standing that a point of order has been Three-fifths of the Senators duly cho- the levels being suggested. made against my amendment. sen and sworn not having voted in the Pursuant to the deeming language in The PRESIDING OFFICER. The affirmative, the motion is rejected. Public Law 109–234, I raise a point of point of order has not yet been made The point of order is sustained. The order against the emergency designa- against the amendment. The Senator emergency designation is removed. tion in the pending amendment. from New Hampshire suggested he Mr. GREGG. Mr. President, I raise a The PRESIDING OFFICER. The Sen- would make a point of order but has point of order against the pending ator from New York. not made such a point of order. The amendment because it would cause the Mr. SCHUMER. Mr. President, pursu- Chair has not heard a point of order bill to violate section 302(f) of the ant to section 402 of H. Con. Res. 95, the formally put to the Chair against the Budget Act. concurrent resolution on the budget for amendment. The PRESIDING OFFICER. The fiscal year 2006, I move to waive sec- Mr. GREGG. I inform the Chair that point of order is sustained. The amend- tion 402 of that concurrent resolution pursuant to the deeming language of ment falls. for purposes of the pending amend- Public Law 109–234, I raise a point of AMENDMENT NO. 4587 ment, and I ask for the yeas and nays. order against the emergency designa- Mr. GREGG. Mr. President, we now The PRESIDING OFFICER. Is there a tion of the pending amendment. move to the Schumer amendment. At sufficient second? The PRESIDING OFFICER. The the conclusion of the debate, I reserve Chair advises the Senator, a point of There appears to be a sufficient sec- the right to make a point of order ond. order is made appropriately at the end against the Schumer amendment. of the debate. The Senator from New I ask unanimous consent that there The question is on agreeing to the York was asking a question whether a be 2 minutes equally divided. motion. The clerk will call the roll. point of order had yet been made. The PRESIDING OFFICER. Without The assistant legislative clerk called Mrs. CLINTON. Mr. President, I hear objection, it is so ordered. the roll. a point of order that I will then re- The Senator from New York is recog- The yeas and nays resulted—yeas 50, spond to. nized for 1 minute. nays 50, as follows:

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7399 [Rollcall Vote No. 196 Leg.] amendment? Without objection, it is so with no State receiving less than 0.25 percent YEAS—50 ordered. of the funds available for each such grant program, and American Samoa, the Com- Akaka Feingold Murray Mr. GREGG. Mr. President, the game monwealth of the Northern Mariana Islands, Allen Feinstein Nelson (FL) plan now is to recognize the Senator Guam, and the Virgin Islands, each receiving Baucus Harkin Obama from New Jersey to speak on his Bayh Inouye 0.08 of the funds available for each such Pryor amendment. Then we will go to the Biden Jeffords Reed grant program; Bingaman Johnson Reid Senator from Alabama to speak on (2) discretionary grants for use in high- Boxer Kennedy Rockefeller amendments which he is going to offer. threat, high-density urban areas, unless all Byrd Kerry Salazar such grants are allocated based on an assess- Cantwell Kohl There will not be any more votes to- Santorum Carper Landrieu night. Those will be the only amendment of threat, vulnerability, and con- Sarbanes Clinton Lautenberg sequence, to the maximum extent prac- Schumer ments offered this evening. I will for- Conrad Leahy ticable. Snowe mally ask unanimous consent to that Dayton Levin Mr. MENENDEZ. Mr. President, on DeWine Lieberman Specter point. Then tomorrow morning we hope Dodd Lincoln Stabenow to structure it so we begin voting July 7, just last Friday, media outlets Dorgan Menendez Talent around 10 or 10:30, initially on the across the Nation reported the news Wyden Durbin Mikulski amendment of the Senator from New that the FBI had apparently foiled a NAYS—50 Jersey and potentially, or hopefully, on plot to bomb the transit systems that Alexander DeMint Martinez the amendment of the Senator from connect New York and New Jersey. Allard Dole McCain Arizona and the Senator from Pennsyl- The revelation of this latest plot Bennett Domenici McConnell vania, which they will have a chance to paints a clear picture of where the ter- Bond Ensign Murkowski rorists intend to target their actions. Brownback Enzi Nelson (NE) debate in the morning prior to the Bunning Frist Roberts amendments. Then, around 12 o’clock, Clearly, they want to strike where Burns Graham Sessions we know we are going to have an they can create the greatest loss of life Burr Grassley Shelby and economic damage. Time and time Chafee Gregg amendment offered by the Senator Smith Chambliss Hagel again, we see that areas like New York, Stevens from Ohio and we will go to that Coburn Hatch New Jersey, Washington State, Cali- Sununu amendment. In the interim, there will Cochran Hutchison fornia, Chicago, and others are high on Coleman Inhofe Thomas also be an issue of the amendments of Collins Isakson Thune the Senator from Alabama and other the target lists of terrorists. Cornyn Kyl Vitter amendments which people may wish to These most recent threats against Voinovich Craig Lott bring forward. New York and New Jersey are only one Crapo Lugar Warner At this time I ask unanimous con- example of this in one key area. The PRESIDING OFFICER. On this sent the Senator from New Jersey be Why had the terrorists chosen to at- vote, the yeas are 50, the nays are 50. recognized, followed by the Senator tack the tunnels and rail system that Three-fifths of the Senators duly cho- from Alabama, to offer their amend- connect the city of New York with the sen and sworn not having voted in the ments, and that those be the only citizens of New Jersey? affirmative, the motion is rejected. amendments offered this evening, and Because they wanted to inflict great The point of order is sustained and the at the conclusion of the debate on their damage, not only to the tunnels and emergency designation is removed. amendments we go to a period of morn- the trains and the people on them, not Mr. GREGG. Mr. President, I raise a ing business. only to the city of New York and the point of order against the pending The PRESIDING OFFICER. Is there citizens of New Jersey, not only to the amendment. The amendment would objection? Without objection, it is so metropolitan area that encompasses cause the bill to violate section 302 of ordered. New York, New Jersey, and Con- the Budget Act. The Senator from New Jersey is rec- necticut—no, the terrorists chose to Mrs. FEINSTEIN. We can’t hear, Mr. ognized. plan their attack on the New York-New President. Mr. MENENDEZ. Mr. President, I ask Jersey transit system because they The PRESIDING OFFICER. Will the unanimous consent to set aside the wanted to inflict great damage on the Senator repeat the motion. pending amendment. entire country. Mr. GREGG. I raise a point of order The PRESIDING OFFICER. Without More than 100,000 people use the Hol- the amendment would cause the bill to objection, it is so ordered. land Tunnel everyday. More than violate section 302 of the Budget Act. The Senator from New Jersey is rec- 200,000 people ride the PATH trains The PRESIDING OFFICER. The ognized. every day. point of order is sustained. The amend- Mr. President, 18.7 million people live AMENDMENT NO. 4634, AS MODIFIED ment falls. in the New York/New Jersey metropoli- Mr. MENENDEZ. Mr. President, I AMENDMENT NO. 4556 tan area, nearly 6.5 million of whom call up amendment No. 4634, as modi- Mr. REID. I ask for the regular order come from New Jersey. New York is fied. with respect to the Feinstein amend- home to the financial heart of our The PRESIDING OFFICER. The ment. country, with key financial institu- clerk will report. The PRESIDING OFFICER. The tions housed right across the river in The assistant legislative clerk read amendment is now pending. New Jersey. Imagine what would hap- as follows: AMENDMENT NO. 4557 pen to the Nation, not just New York The Senator from New Jersey (Mr. MENEN- Mr. REID. I make a point of order or New Jersey, if these financial insti- DEZ) proposes an amendment numbered 4634, against the Cornyn amendment. It is as modified. tutions were shut down. legislation on an appropriations bill. The amendment is as follows: The port in New Jersey, the largest The PRESIDING OFFICER. The container seaport on the east coast, (Purpose: To provide that appropriations point of order is sustained. The amend- under this Act may not be used for the pur- the third largest in the Nation, handled ment falls. pose of providing certain grants, unless all more than $132 billion in goods in 2005 Mrs. FEINSTEIN. Is this the second- such grants meet certain conditions for al- and creates over 200,000 jobs. Imagine degree amendment? location) what would happen to the Nation, not The PRESIDING OFFICER. The sec- On page 127, between lines 2 and 3 insert just New York or New Jersey, if com- ond-degree amendment falls on the the following: merce were shut down in this port. point of order. SEC. ll. Notwithstanding any other pro- The greatest ‘‘zone of vulnerability’’ The Feinstein amendment is now vision of this Act, appropriations under this in the U.S. is in South Kearney, NJ, pending. Act may not be used for the purpose of pro- where 12 million people live in prox- viding— AMENDMENT NO. 4556 imity to a chlorine chemical plant. An (1) formula-based grants or law enforce- Mr. GREGG. Mr. President, I ask the ment terrorism prevention grants, unless all explosion at the facility would endan- pending amendment be set aside. such grants are allocated based on an assess- ger the life and health of people caught The PRESIDING OFFICER. Is there ment of threat, vulnerability, and con- in the path of the prevailing winds to objection to setting aside the pending sequence, to the maximum extent praticable, that great extent.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7400 CONGRESSIONAL RECORD — SENATE July 12, 2006 The FBI has placed more than a want to see us go on the question of with the aftermath of these attacks on dozen New Jersey sites on the ‘‘Na- homeland security funds. This is also a daily basis. Just today, we learned in tional Critical Infrastructure List’’ and the same minimum percentage in- a Quinnipiac poll that 77 percent of has called the area between Port Eliza- cluded in the House legislation re- New Jerseyans expect a terrorist at- beth and Newark International Airport cently endorsed by the former Chair- tack in the United States in the next 6 the ‘‘most dangerous two miles in the man and former Vice Chairman of the months. United States when it comes to ter- 9/11 Commission. The No. 1 role of our Government is rorism.’’ An article in the New York I certainly hope with this minimum to keep us safe. That is what Ameri- Times pointed out that this 2-mile area percentage guarantee that our Senate cans expect. That is what the people of provides ‘‘a convenient way to cripple delegation will be able to support this New Jersey have been saying to me all the economy by disrupting major por- amendment. along. They believe—and we can see tions of the country’s rail lines, oil Since we only have a finite amount from the nature of these revelations of storage tanks and refineries, pipelines, of money, this is not a place where rev- the plots—they are going to be at- air traffic, communications networks enue sharing should be the policy. Just tacked, and they need the Government and highway system.’’ Imagine what as Senators from agricultural areas of to meet its No. 1 responsibility to would happen to the Nation, not just the country call on those of us who them; that is, to keep them safe. New York and New Jersey, if the most may not have much agriculture for our How can we keep them safe if we dangerous 2 miles in America was at- support, just as the Senators from rav- allow the funding for homeland secu- tacked. aged flood areas call on us for our sup- rity grants to be underfunded? How can Clearly, as we saw last Friday, the port, just as Senators from areas hit by we keep them safe if we aren’t making terrorists can imagine exactly what hurricanes call on us for our support, sure that the places at greatest risk of would happen if they attacked New those of us who come from high-target attack get the most money to protect York and New Jersey. areas across the country call on the against those attacks? And how can we If the terrorists understand that New rest of the Senate for equal treatment come to a conclusion that we don’t as- York and New Jersey are targets, why when it comes to risk-based funding. sign—even with this compromise can’t the Department of Homeland Se- Many of us in the Senate have been amendment which still provides 2.5 to curity? fighting for risk-based funding for all of the States but still takes the ma- The recent inspector general report years. I know Senators LAUTENBERG, jority of that money to where the on Homeland Security’s National Data- CLINTON, SCHUMER, and others have led greatest risks are, how do we not hold base shows that we have it wrong. Cer- the fight in the Senate. I know our sen- the view that this is one country and tainly the Department of Homeland Se- ior Senator from New Jersey has been these attacks, in fact, would affect the curity has it wrong, once again. a leader over and over again. We are entire Nation? According to a recent article by the thankful to him for his leadership. I The Senate has both an obligation New York Times, the report ‘‘reads fought for risk-based funding as a and a moral responsibility to protect like a tally of terrorist targets that a former Member of the House of Rep- the people of the United States. The child might have written: Old Mac- resentatives. I included risk-based only way to do that is to take all pos- Donald’s Petting Zoo, the Amish Coun- funding in the Menendez substitute to sible steps to prevent terrorist attacks. try Popcorn factory, the Mule Day Pa- the intelligence reform bill in 2004 One of the critical ways is to follow rade.’’ which was, unfortunately, voted down the 9/11 Commission’s report, a unani- The inspector general found that the by my Republican colleagues. I fought mous and bipartisan conclusion that list included items ‘‘whose criticality for risk-based funding in the con- homeland security funding should be is not readily apparent’’ but are still ference report on that legislation. I based strictly on risk. We have taken included in the Federal antiterrorism continued to fight for risk-based fund- that as a foundation, amended it some- database and that ‘‘the presence of ing when I introduced the risk-based what to create, hopefully, a greater large numbers of out-of-place assets Homeland Security Funding Act in the groundswell of support but still with taints the credibility of the data.’’ House, which Senator LAUTENBERG also the fundamental principle that ulti- The fact that this database is being introduced in the Senate. Most re- mately the majority of our homeland used to help determine risk-based fund- cently here in the Senate, we have in- security funding should go to where ing simply makes no sense. troduced legislation to make sure we the greatest risks in our country are The bottom-line is that States and fully and finally implement the rec- and the greatest risk that ultimately municipalities across the country that ommendations of the 9/11 Commission, would affect the Nation in its com- actually are under the greatest risk which includes risk-based funding. But merce, in its security, and in its ability should receive the greatest number of today we are here to fight the next to sustain itself. homeland security dollars based on round of this battle. That is why I urge my colleagues to that risk. I cannot understand why the I am proud to have Senators LAUTEN- support the Menendez amendment. Department of Homeland Security BERG, CLINTON, and SCHUMER as cospon- Mr. GREGG. Mr. President, will the would not use a truly risk-based for- sors of this amendment. Senator yield? mula when awarding their grants. It is important when we talk about Mr. MENENDEZ. I would be happy to That is why I am offering the Menen- homeland security. We have seen the yield to the distinguished chairman. dez-Lautenberg amendment today. The votes on a host of these funding issues. Mr. GREGG. I am intrigued by the amendment states that no funds in this You can’t have the administration amendment. We have worked very hard bill should go to homeland security talking tough on homeland security on the committee to have a threat- grants unless they are based on an ‘‘as- and then acting weak. Cutting funds to based funding formula, so that is my sessment of threat, vulnerability, and homeland security grants simply goal. I have no problem with the reduc- consequence, to the maximum extent makes no sense. tion to 2.5 even though it would preju- practicable.’’ Not exclusively, but ‘‘to For those from New York and New dice my own State. But my view is the maximum extent possible.’’ Jersey and from other parts of the that the target should be where the The amendment also allows, in spe- country—Pennsylvania or Washington, funding goes. cific cases, for each State to receive a DC—for those from those areas where I just wanted to be sure that when minimum of .25 percent of the grants. loved ones were killed on September 11 the Senator uses those terms of art Let me be clear; while I would prefer to of 2001, this is not an abstract policy here, that it is not his intention to un- give all funds based on risk, I believe discussion. This is not an abstract pol- dermine the capacity of peer review that this compromise which makes this icy discussion for us. This is personal. groups to look at the issue. The Sen- amendment different than previous Over 700 people from the State of New ator used the term ‘‘unless all such amendments based on risk, will allow Jersey were killed. My former congres- grants are allocated based on threat, more support for this amendment. sional district looks directly at the site vulnerability, and consequence to the It also moves in the direction of where the Twin Towers once stood. In maximum extent practical,’’ which where the White House has said they New York and New Jersey, we still live seem to be pretty good words of art.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7401 For the record, I would like to make Politics rears its ugly head. That lower amount, .25 percent, is the it clear that the Senator is not trying I saw the prevailing view on the same as the allocation President Bush to adjust the peer review process which Homeland Security Committee on recommends. Even the Bush adminis- looks at threat and effectiveness of the which I sit—the committee of jurisdic- tration confirms the .75 minimum is in- plan. Is that correct? tion. I called the attention of the com- appropriate and puts our security at Mr. MENENDEZ. That is correct. We mittee to the report of the 9/11 Com- risk. Secretary Chertoff has consist- are silent on effectiveness because we mission very specifically and asked the ently advocated Homeland Security think effectiveness is very important committee to endorse fully the risk- funding be risk-based. as part of that equation. based distribution mechanisms for By reducing these State minimums, Mr. GREGG. In light of that, I prob- funding. Perhaps my argument wasn’t we can better protect the Nation by ably will support the amendment, al- persuasive, but the vote was 15 to 1 getting more funding to areas that are though I suspect there are others who against it, solely basing this distribu- actually under threat and risk. If Con- will oppose the reduction of 2.5. In any tion of grants on risk. It was painful gress will not eliminate State mini- event, I think the amendment is a good for me to see that. mums, the best way to proceed is to re- amendment. I want to give you an example. In fis- duce the State minimums so that as Mr. MENENDEZ. I thank the distin- cal year 2006, New Jersey received $1.92 much money as possible is directed to- guished chairman. per capita spending for State homeland ward the highest risk areas. I yield the floor. security and law enforcement ter- If we review past terrorist attacks, it The PRESIDING OFFICER. The Sen- rorism prevention grants. Wyoming re- is clear terrorists want to attack ator from New Jersey. ceived $14.73. New Jersey, the most densely populated areas, areas where Mr. LAUTENBERG. Mr. President, densely populated State in the coun- they can inflict the most damage. We first I commend my colleague, Senator try, received $1.92 in per capita spend- heard my colleague, Senator MENEN- MENENDEZ, for his persistence on this ing; and Wyoming—a beautiful State, DEZ, talk about the damage it could do issue. We both come from the northern though I think it is fair to say that to our national economy if we have a part of the State of New Jersey, which their risk of a terrorist attack is sub- major attack in this very sensitive is the most dense portion of the most stantially different or not even this in area. They want to kill as many people densely populated State in the coun- terms of what terrorist planning is as they can, disrupt economic life as it try. typically doing—Wyoming, $14.73. Are exists. Seven hundred of our fellow New the people of Wyoming seven times I urge our colleagues to support the Jerseyans lost their lives on September more likely to be the victims of a ter- Menendez-Lautenberg amendment. A 11, 2001. It would be hard to find people rorist attack than the people of New vote for this amendment is a vote in whose lives were not touched by the Jersey? I don’t think so. support of the administration’s posi- events of that day—whether immediate The FBI has identified the 2-mile tion, the 9/11 Commission position, and neighbors, friends, family, all of us strip between the Port of New York plain common sense. I yield the floor and suggest the ab- knew someone who was killed or in- and Newark-Liberty International Air- sence of a quorum. port in New Jersey as the most invit- jured on that fateful day. From our The PRESIDING OFFICER. The ing target in the entire Nation for a part of New Jersey, you could see the clerk will call the roll. smoke rising from the World Trade terrorist attack because of the huge The assistant legislative clerk pro- Center where many of our friends, amount of damage that could be in- ceeded to call the roll. neighbors, and loved ones worked. flicted. It is believed—this isn’t secret, Mr. SESSIONS. Mr. President, I ask The New York-New Jersey region it has been published many times in unanimous consent that the order for bore the brunt of the attack on 9/11, many places—it is believed that a ter- the quorum call be rescinded. and to this day it remains the area of rorist attack in this area could kill or The PRESIDING OFFICER. Without our country that is most at risk of an- injure more than 10 million people be- objection, it is so ordered. other attack. We were reminded of this cause of the density of population Mr. SESSIONS. Mr. President, I will just last week when authorities dis- there and the presence of so many be offering some amendments to the rupted a plot by eight terrorists to chemical facilities. Homeland Security bill that I think blow up commuter train tunnels con- The way we fund homeland security are important. I thank Senator GREGG necting New Jersey and New York. flies in the face of the 9/11 Commission for his leadership and his interest and Each day, nearly 200,000 people travel recommendations. We see it on this his hard work in meeting some of the through these tunnels. placard. It is a stark reminder of what demands of this Nation with regard to Since we don’t have unlimited re- we ought to be doing and how much it homeland security. Unfortunately, we sources for homeland security, home- differs from what we are arguing. have not been able to meet all of those land security must be targeted to those Today, nearly 5 years after 9/11, near- demands. parts of the country most at risk of an- ly 40 percent of the State Homeland Se- America, we have a problem, a very other terrorist attack. But that isn’t curity Grant Program is given out as real problem. currently the case. Why? Because this ‘‘general revenue sharing’’ to each and This Senate and its action con- Congress is treating homeland security every State and territory regardless of cerning immigration with relation to funding as just another pork project the danger they face from terrorism. the bill that just passed this Senate is rather than sending the resources The system is broken. We have to fix beginning to create a circumstance based solely on risk, as has been rec- it. I have been trying to reform this that in every respect looks like 1986, ommended by the 9/11 Commission. And grant program for several years. the year we passed the last immigra- in section 25: In February 2005, I introduced a bill tion bill. We must not allow a repeat of Homeland security assistance should be called the Risk-Based Homeland Secu- 1986. This Senator will do all that he based strictly on assessments of risks and rity Funding Act, which would require can to see that does not happen. vulnerabilities. that all homeland security grants be It goes to the very heart of our serv- [F]ederal homeland security assistance based strictly on risk, threat, and vul- ice in this Senate. It goes to the integ- should not remain a program for general rev- nerability. My colleague, Senator rity of the Senate. It goes to the re- enue sharing. MENENDEZ, did similarly when he was a spect with which we want to be held by This is by the authors of this Com- Member of the House of Representa- our constituents around this country. mission report which was adopted tives. The amendment offered by my We must not repeat what happened in wholeheartedly in this place. colleague today moves us in that direc- 1986. We must not allow a repeat of the Because each State gets a minimum tion. That is why I so strongly support 1986 immigration bill. guarantee of funding regardless of risk it. Back when the immigration bill or population density, we take re- Under the Menendez-Lautenberg started moving through the Judiciary sources from States known as major amendment, the Senate minimums will Committee, I raised this very point. It terrorist targets and give them to low- be reduced from .75 percent of Home- came about in an interesting way. I of- risk areas. land Security funding to .25 percent. fered an amendment in the committee

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7402 CONGRESSIONAL RECORD — SENATE July 12, 2006 to expand bed space. It was accepted. I 20 years ago. Where are we today? We This has been the pattern. We author- offered another amendment, and it was now have an estimated 11 million peo- ize things, we make promises, but we accepted. I began to think: It is easy to ple in our country illegally. We say we do not follow through, so let’s do the authorize, isn’t it? It is very easy to have to do something about this, but Isakson amendment which says none of pass a bill that authorizes more bed we cannot call it amnesty. But we will this amnesty takes place until the en- space. It is very easy to pass a bill that create this little system where they forcement takes place at the border authorizes a fence to be built along the pay $1,000 or $2,000 and they are on a and we follow through on the things we border to improve our security. It is track to full citizenship—but it is not promised to do. easy to authorize more Federal agents amnesty. Mind you, there is hardly any That is a pretty clever little amend- to be hired, more workplace enforce- difference between what we did in 1986, ment. Why would anybody object to ment to be put in place. It is easy to but this year it is not popular to talk that? Why would anybody who voted authorize the expansion of the US– about amnesty because people have and promised to build fences, to add de- VISIT Program, which is central to an been around the country listening to tention beds, to add agents—why in the entry-and-exit system. It is easy to au- their constituents, and the people of world would you vote for those kinds of thorize interior enforcement agents America are not happy with amnesty. things and then not want to follow around the country. They do not like it. through on them? But an authorization is merely an Many Members of this Senate have I think it was troubling to me—trou- authorization. Those agents do not get promised not to vote for amnesty. So bling to a lot of Americans; I know hired, they will not be paid, the VISIT all they do when they vote for this bill troubling to Senator COBURN, the Pre- system will not be in place, the fences is redefine the meaning of words and siding Officer—when Senator ISAKSON’s will not be built until money is appro- say it is not amnesty. They just say it amendment did not pass. Why? Why did priated. This is the bill we would ex- is not amnesty. They vote for it and Senator ISAKSON’s amendment not pect that appropriation to take place. say: I didn’t vote for amnesty. pass? Well, the American people are That is the problem we have. The bill They have to wait a while before pretty cynical now about our commit- does provide some additional expendi- they get citizenship. They have to pay ment and our integrity when it comes tures for Homeland Security and for $1,000. And if they held back taxes for 5 to matters involving immigration. And border enforcement and for other years, if they pay taxes for 3 of those I suggested at the time and worried at things. For that we are grateful. But years—and they pick the 3—then they the time that the reason the Isakson the big matters that go to the heart of have paid the price. They have paid the amendment did not pass was there was whether we are going to have a lawful penalty. They earned their amnesty by never any intention to fund the fence, system have not been funded ade- paying back taxes. Yet American citi- to fund increased bed space, and fund quately. It is something we have to zens pay their taxes all 5 years. How the increased agents, make the US– confront and deal with in an effective are you going to prove the back taxes VISIT program work—never any inten- way. anyway? tion. In 1986, we promised we would just This is nothing more than amnesty. I Now, wouldn’t that be a bad thing? have amnesty one time. It was the am- drive this point home. What is the Wouldn’t that reflect badly on the in- nesty to end all amnesties, unlike point? The point is, that has been put tegrity of the U.S. Senate, when the today, when we deny we are offering into law by the bill we passed in this whole Nation is looking at us? They amnesty. In fact, the proposal we Senate. Now they say: We will have en- are frustrated with us. They have not passed in the Senate does just that. It forcement this time; we are going to do forgotten 1986. People remember that. is very similar to 1986. What was the promise? The promise the things that are necessary to have They remember that. And they are is we will have enforcement in the fu- enforcement. looking at us: Are we going to do this ture and we will not need another am- A lot of people say we really do not again? And the first bill that comes up, nesty. They said in 1986 it was an am- like a fence, but after they talk to we don’t have money in it to fund the nesty to end all amnesties. That was their constituents back home—and I fence that we voted 83 to 16 to build. the argument. That is what we tried to offered the amendment to have 350 That is just breathtaking when you do. That is what they tried to do at the miles of fences and 500 miles of bar- think about it. time. riers, and we had a vote. It passed 83 to It was a highly debated issue. It was What happened? The promises that 13—we passed an amendment to build probably one of the more noteworthy were made about enhanced enforce- the 350 miles of fences, 500 miles of bar- amendments in the entire debate. Peo- ment did not occur. I point out, 2 mil- riers. We have authorized it, col- ple thought it might be a close vote. As lion people were expected to claim am- leagues. That is all we did was author- it turned out, it was an overwhelming nesty; 1.5 million people were expected ize it. vote. But it is easy to vote to author- to claim amnesty. When it concluded, 3 I have heard the comments: I voted ize, isn’t it, if you never intend to fund. million people had claims. Almost dou- for the Sessions amendment. I voted to That is an easy vote. I see the young ble the number of people came forward build a fence. I am for enforcing immi- people and the pages and those around to claim the amnesty, many of them gration laws. When do we build this here. Learn something about the U.S. with fraudulent documents and inad- fence? Where do we get the money to Senate. It erodes public confidence in equate proof. But they got it because it build this fence? What bill is it that the integrity of the Government when could not be disproved, and the num- the money has to come out of? It is a you brag and speak glowingly about bers were so large. Homeland Security bill. That is the taking aggressive action to improve That system did not work well, but one in the Senate. We have been look- enforcement of immigration laws in the amnesty was part of the immigra- ing through the bill, reading the fine America and then do not do it. tion bill. It became law. Everyone enti- print, and it is not in there. The money That is not good. That is just not tled to that amnesty got it. It openly to build the fence is not included. good. The matter is not a little one. was called amnesty. I note for the We should be ashamed. We trumpeted This is not a little matter. The Amer- record that Black’s Law Dictionary, in this. The majority leader said he was ican people know that immigration is its definition of the word ‘‘amnesty,’’ supportive of this. Everyone was sup- important to our country. They know lists the 1986 immigration bill as one of portive of building a fence. When it it is deeply important to our country. its definitions. comes time to pay up and actually buy They care about it. They have been These people got their legal status, the bricks or buy the wire and pay the watching it. They watch it nightly on their citizenship track, the benefits of people to do it, where are we? television. They write letters to their welfare, earned-income tax credit, and I raised this in the Judiciary Com- editor. They call my office. They call all the other benefits that accrue for mittee. I offered an amendment sort of other people’s offices. They complain people in the United States, but the en- like the Isakson amendment at that about what is going on and how we forcement never came. time. Senator ISAKSON offered his have done our business. Remember, we said it was not going amendment in the Senate that said: We They have every right to complain. to happen again not too long ago, just see this problem coming, colleagues. They have every right to complain.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7403 Why in the world would we ever sug- and the House of Representatives has a whole Department of Homeland Secu- gest that somehow the American peo- law enforcement security bill only. rity? The bill budget for the Depart- ple are not generous and fair and de- And these are going to be just written ment of Homeland Security is $32 bil- cent when it comes to immigration? out of thin air by these hand-picked lion. We cannot find another $1 billion They really are. We are a nation that people in secret? I don’t think that is or $2 billion to follow through on the believes in immigrants. We are a na- healthy, not on a matter this impor- commitments we made to make the tion of immigrants. We believe in im- tant. immigration system in this country migration. Let me ask you, do the American lawful? And within that Department of But people are frustrated. Some peo- people have a right to expect that this Homeland Security money is all the ple say things that are harsh maybe Senate and the House of Representa- funding they will get. It is all the about immigrants, but when you listen tives are going to protect their inter- money we are going to get to increase to most people, the anger that they are ests and do what they have been asking immigration enforcement efforts. It is expressing is not at the immigrants, it them to do for 30 years. Or do they just not there. In this appropriations, is at those of us in Washington. It is at have a right to be cynical and expect the money has not been funded to meet a string of Presidents, it is at a series that they will meet, plot out some sort the authorizations we passed and made of Congresses that have failed, refused of immigration bill, trumpet it as solv- a commitment to. to do what they asked them to do. ing all our problems, bring it on the I am not here to break the budget. I And what have the American people floor of this Senate, not subject to am tired of that. I know the Presiding asked? They have asked that we create amendment, and drive it through and Officer is. He has fought harder than a lawful system of immigration and we pass it? And it will not work again just anybody I know in this Senate to bring create a policy of immigration that is like 1986. integrity to spending, and I have been in the national interest of the United How can you test what we do here? pleased to support him. But I will tell States of America, that we allow a How can the American people have a you, he has been a breath of fresh air number of people to come in every test of this Senate? I submit to you, and a great addition to the Senate. He year, that we make a rational judg- one way is to watch the vote on the has called our attention to the waste- ment about how many that should be. funding of the enforcement issues that ful spending we carry on in this body People should not come in illegally. are dealt with in the amendments I on a regular basis. We cannot afford ev- They should come in in accordance have offered. erything. We are paid to set priorities. with law. And if they come in illegally, So let’s see. Are we going to pass a Has anybody ever listened to the peo- they expect the Government to stop fence amendment or not? If we pass it, ple in their States about what they them or apprehend them and deport maybe we are beginning to get serious want us to do? I am telling you, they them. over here. But even that can be fixed in want us to make the immigration sys- What is wrong with that? Is that conference. That is not the final pas- tem a legal one, not a lawless one. harsh? Is it mean-spirited to say that sage of the bill. They can still go into They want us to spend the money that we need to have a legitimate legal sys- conference and take it out. But it is necessary—no more but they want to tem involving immigration in this would be a step. spend whatever it takes. That is a pri- country? I suggest not. I have been I say this to my colleagues: If we ority with the American people. It looking at the numbers. I think it is vote down funding the agents, the fenc- should be a priority of those of us who adversely impacting the wages of working, the detention beds that we have are here because they are right. In the ing Americans. And I am prepared to authorized in this bill, why shouldn’t scheme of things, the money we spend debate it. But regardless, this is a mat- the American people really look at us is not that great, but it is important ter we need to deal with. We are going askance? Why shouldn’t they say: they for us to do it correctly. to maintain a flow of legal immigrants just authorized it, and they are not I will be offering amendments that into our country, and we should. We even going to fund this fence? They are will deal with five different areas. should set up a system that identifies not even going to add the agents? They Those amendments will be offset, will people who are most worthy of coming are not going to even add the bed not add additional spending to the into our country and approve them in a spaces? I think that is what the Amer- budget or increase the debt in any way. meritorious way, in an effective sys- ican people are going to ask. And the We will set some priorities. We will set tem. truth is, they are correct. some choices. That is what the people We do not have that today. The bill Now, some will say: Well, we don’t pay us to do. we have passed pretends to be a com- have the money. We don’t have the What do we need? We need strategic prehensive bill for immigration reform, money? We spend over $2 trillion a year fencing and vehicle barriers at the bor- and it is an utter failure. It should in this country. What do you mean we der. We need an interior investigative never, ever, ever become law. It is a don’t have the money? We could do a agent increase—that is for the ICE total disaster. They say: Well, we will ‘‘Cadillac’’ program for $2 billion or $3 agents, the Immigration and Customs just send it over to the House. The billion. That is a lot of money. We are Enforcement agents—to increase work- same people who may well vote against spending $100 billion on hurricane re- site enforcement. We need to increase funding this amendment say: We will lief, $85 billion, in the supplemental, on the detention bed spaces. just send this bill now over to the the war. Detention beds are critical. The rea- House, the House of Representatives, Let me tell you some other things we son is, we still are carrying out a who they made fun of a few months ago spend money on in this country, when catch-and-release policy. What do you for passing a border enforcement bill people say we don’t have the money to mean ‘‘catch-and-release’’? This is first. We will send it over there, and do what the American people are de- what happens: Someone comes into the maybe we will fix all this. manding that we do: According to the country from a country, say, other How does it work in conference? The Congressional Budget Office—this is than Mexico. They are referred to as majority leader of the Senate appoints from March 2006—spending for Social OTMs, other than Mexicans—Brazil, a group of conferees, the Speaker of the Security, Medicare, and Medicaid alone Central America, South America, House does, the Democratic leaders in is expected to increase by $106 billion Asia—and they are apprehended here the House and the Senate appoint con- from 2006 to 2007, a 9.5-percent increase. illegally. ferees, and this group of hand-picked It is a 9.5-percent increase in Social Se- What happens then? Well, you say: Senators and Congressmen meet. They curity, Medicare, and Medicaid alone, They try them and deport them. go meet someplace, and they work it with the increase totaling $106 billion. Wrong. Not really. What has been hap- all out, basically in secret, without any And we can’t find $1 billion or $2 billion pening is, these particular people who real input from the American people. to make the border secure? Give me a are apprehended in this country ille- We have a bill from the Senate that break. gally are not from Mexico, so they can- has comprehensive review and reform, Defense spending: We spent $76.8 bil- not be readily taken back across the so-called, of the entire immigration lion in 2005 on that. How about $32 bil- border. They are then detained and policy of the United States of America lion to fund this Department, the then given a trial date. Since there are

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7404 CONGRESSIONAL RECORD — SENATE July 12, 2006 no bed spaces, they do not have a place tem to track visitors who leave the going to follow through and put up the to keep them. What do they do? They country as well as when they come in. money, a significant amount of money, release them on bail. They catch them That is what the system was set up to but in the scheme of the size of the and they release them on bail. They do. We have been working on it for 10 United States budget, it is a very small sign their name because they do not years. It has not been completed, they amount to make this system work. have any money to put up for the bail. say, because of various problems. If you went back home and asked the They just allow them a signature bond, Let’s be frank. It hasn’t been com- American people, do you want to see us and they are asked to come back at a pleted because Congress and the Presi- follow through, do you want to spend a certain date to have their trial on dent over the last 10 or 15 years have few more billion dollars, $2 to $3 bil- whether or not they are going to be de- not wanted it completed. There has lion—that would be super; maybe we ported. been plenty of time to complete it. could do it for less than that—a couple How many do you think come back? Agencies hadn’t come forward and de- billion dollars more than what we are They have already entered the country manded the money necessary. They spending today to make us move from illegally. They are apprehended and re- haven’t told us what they needed. The a lawless system to a lawful system, leased. They do not come back for President hasn’t put it in his budget, they would say: Do it—in a heartbeat. trial. One reporter did an interesting and Congress hasn’t spent the money. That is where we are headed. I thank article that showed that 95 percent did So it hasn’t been completed. That is the Presiding Officer for his leadership not show up. What a joke that is. The just it. I don’t know any other way to and commitment to creating a lawful only way to end the catch-and-release say it. system of immigration for the United problem is to have enough detention We now can track people when they States. beds so they could be detained until come in the country, and we need a Ms. MIKULSKI. Mr. President, I sup- they could be deported from the coun- good biometric card so people can ported Senator CLINTON’s amendment try. enter really easily. If they have a legal to restore FEMA to Cabinet-level rank Secretary Chertoff is making some right to come, they present their card. and establish it once again as an inde- progress in this regard but not enough. It clears immediately. They come right pendent agency. In the early 1990s, as We will never get there without some on through. If they work in the United the chair of the Appropriations Sub- more beds. So if we are serious about States a week, they can go home and committee on VA–HUD, we funded making a legal system here work, then see their family, come back on Sunday FEMA. Senator Garn, my wonderful we need more bed spaces. or Monday, travel back and forth. They colleague, was my ranking member. We Everybody says we need worksite en- can do all those things. found that FEMA was a Cold War relic, forcement. We have a pilot program We would like to see this system and we went to work on a bipartisan that has been played with for a number work. It can work. We are close to it, basis, transforming it from a relic of of years that is supposed to work. It but we don’t have the exit system the Cold War into a professional, pre- really has the potential to work, but it working. Unless the exit system works, pared, all-hazards agency. is not working today. We need some you have no idea of who is in the coun- Hurricane Katrina was the storm we more money for that to make that sys- try and who has stayed, who did not go all feared. In the hours and days after tem work. If you don’t want the work- home when they were supposed to. Hurricane Katrina, like all of you I place enforcement system to work and That is where we are. We will have watched in disbelief and absolute frus- you are President of the United States, some of those votes tomorrow. I don’t tration. Why? At the Federal Govern- you don’t ask for funding for a program mean to be unfair in my comments or ment’s befuddled and boondoggled re- that will work, and if you are a Mem- unduly harsh, but the truth is the sponse blowing it. The people in our ber of Congress, you don’t vote for the American people are watching us this Gulf Coast States were doubly victim- money to make the program work. If time. They saw what happened in 1986. ized first by the hurricane, second by you are part of Homeland Security, They don’t want that to happen again. the slow and sluggish response of our you don’t come and demand money so We should not want that to happen Government. And I thought: How like you can make it work. Everybody’s again. We should do what we promised Hugo. How like Andrew. I didn’t know hands are dirty on workplace enforcement. We know that. Let’s be frank to do. We should follow through and about Betsy. So this, of course, has prompted re- about it. fund the projects that we have author- We need agents. You have to have ized. When we authorized these form. Well, back in 1989 when we took law enforcement agents. Those law en- projects, we knew they were necessary a look at this, what did I see? What I forcement agents can have a tremen- to make this system move from a law- found out as I took over the chairman- dous impact on the worksite. It does less system, a system that makes a ship of that subcommittee was that not take that many prosecutions, mockery of law, to a lawful, decent FEMA was a Cold War agency. It fo- frankly, to have a complete change in system. It can be done. It actually can cused only on worrying about if we behavior. I strongly say we need that. be done. It will not take an excessive were hit with a nuclear attack. It was We need to protect the funds that amount of money, but it will take a out of date, out of touch, and riddled were already appropriated for section significant amount of money. with political hacks. If you had to give 287(g). The 287(g) program is the coop- Then there will be a tipping point. someone a favor job, whether it was at erative immigration enforcement ef- When people find out that the way to the Federal level or the State level, put fort with State and local law enforce- come in and work in the United States them in civil defense. It was called ment. The Department of Homeland is to have a biometric card to come civil defense. And many of us in my Security has this program. They train lawfully, that will be successful. If generation remember where we used to local law enforcement. They set up they wait in line, they can work. When practice by hiding under those desks if abilities to work together. If they ap- they find out they can’t get a job and war came. Well that is the way the bu- prehend someone for speeding and find it is very hard to get across the border, reaucrats were. Any time there was a out they are here illegally, then they maybe impossible almost to come ille- question, they hid under their desk. So call the agents and they can transfer gally across the border, they will quit we set about reform. They were focused them for processing and deportation. coming illegally. When they can’t get a on something called continuity of Gov- Wouldn’t we want to see that happen? job and it is too hard to get across the ernment. It was incompetent leader- Wouldn’t we want to take the help of border, they will decide then to wait in ship. They had ridiculous ideas. In the State and local law enforcement agen- line and get their card and come and event of a nuclear war—stop first at cies? Well, we don’t have the money for work in due course lawfully. Right now the post office and leave your for- that. We put the money in. It was in the system is a mockery of the law. It warding address to these three shel- there for a while. Now they have spent is not working. Let’s fix that. ters. So you get a sense of what it was it on something else. It is a bargain, a When we vote tomorrow, we will send like. real bargain to do that. a signal to all those people back home But Senator Garn and I looked at it. Finally, we need to fully implement that we are committed now to creating And then what happened was Hurricane the exit portion of the US–VISIT sys- a lawful system of immigration. We are Hugo hit the Carolinas, particularly

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7405 South Carolina. FEMA’s response was tell you, it works. So that is why we go aster plans and how it should work. very poor. The military had to come in for the professionalization of FEMA. There are those other questions, too, of to get power back up in Charleston. We focused on it being a risk-based legal authority when the Government The people went for over a week with- agency—that means prepared for any takes over. Our three R’s have to be out basic functions. Sound familiar? risk that affects the risk base—because readiness, response, recovery. To do Our former colleague Senator Hollings we thought then that the threat of the that we have to have professionaliza- had to call the President’s Chief of Cold War was coming to an end. The tion, risk-based, all hazards. Staff, John Sununu, to get help and wall was coming down in Berlin, but You know, hurricanes are predict- call the head of the Joint Chiefs, then the wall wasn’t coming down in the able. Terrorist attacks are not. And we General Colin Powell, just to get gen- Federal bureaucracy. So we said, what have to be ready. Colleagues, I am con- erators from the Army. It was like cats are the risks? The threat is natural dis- cerned that whether it is avian flu or and charmer cops. Are you in charge? asters. And our States—we are coastal another hurricane getting ready for the No, I am not in charge. They had the Senators, I share a coast with my col- season or something else, we don’t generators but didn’t ask. It was all of league from Delaware—we are threat- know the answer, Who is in charge? that. In the meantime, there was no ened by hurricanes. Soon as June That question has never been an- water, no utilities in Charleston. We comes, we are on our hurricanes readi- swered. Who manages the disaster? And began then to begin to examine what ness again—regardless of what the most of all, who manages the panic steps to take in reform. threat is. And now it is even more im- around that? And who speaks? Your Then along the way we were hit with portant because it could be an earth- health committee members have just Andrew. Andrew, again, was the worst quake in California, a tornado in the done a tabletop on bioterrorism. It is disaster. Yet FEMA’s response was so Midwest, or, of course, a terrorist at- the same. So I believe, No. 1, FEMA ought to be bad and they were so inept that Presi- tack. dent Bush I sent Andy Card, then Sec- Next, be ready for all hazards. And an independent agency. No. 2, maybe we need a disaster response agency, retary of Transportation, to take over. again, it is the States that get ready which handles this. But I also think we I remember seeing a woman named with Washington offering the command need to take a look at what would be Katie Hale saying, ‘‘Where the hell is and control and the ultimate backup of our response and how we would handle the cavalry on this one? We need food. sending in the calvary should the these others, like avian flu. Are we We need water. We need people.’’ States collapse. All hazards need to be going to call FEMA in? Is FEMA going Having said all that, it was very prepared like when we had a fire in the clear to Senator Garn and me. Our job to be avian flu? I don’t know if we have Baltimore tunnel—we didn’t know if it to respond, but I don’t think so. I was to protect lives, protect people, was predatory or not. A hazardous would hope not. But should we have a and now of course protect the home- chemical spill, a hurricane, a tornado new framework for that? What are the land. Working with Garn, and then or even a dirty bomb. legal authorities? Can a President su- Senator BOND, we worked to change it. If we practice the three R’s, of readi- persede a Governor if necessary? These We commissioned three studies, and I ness, meaning if we are ready, and we are the big questions. But I believe we ask you to go take a look at them. One are ready at the State level, then we can create the right infrastructure. We was a GAO study, the other was a Na- can respond where the threat occurs can be ready for the natural disasters, tional Academy of Public Administra- and then you have the infrastructure and so on. tion, and then FEMA’s own inspector ready for recovery. We were able to put I am going to conclude by saying general. the State plans, professionalize the that when we work together, and I We looked at all of this, and we want- agency, in place. don’t mean just us, but really work— ed to be able to prevent, do all we could What was never really ultimately ad- we know how we have worked with for prevention, and do what we could to dressed, though, is the Federal backup Delaware. Just a couple of months ago, respond. Our goals then were: First of if there is a complete collapse. That is there was a terrible accident in a fac- all, FEMA has to be professionalized. something I believe needs to be very tory in West Virginia. The closest They need a professional director and a carefully examined because of two search and rescue team with heli- professional staff. Whoever runs FEMA things: No. 1, I recall Governor Giles of copters was in Maryland with our has to have a background in crisis Florida when Andrew hit. He said: We State police. But because they had management, either to come from need NASA satellites to tell me what worked together, because they had emergency response at the State level, my coast line looks like. We can’t even trained together, because they knew the way James Lee Witt or Joe call the first responders. The firehouses each other, could talk to each other, Allbaugh did, or from the military or are underwater. And you know all of trusted each other, my wonderful private sector where they have done the great tragedies that you have Maryland State troopers were able to crisis management and know how to heard. There does come a time when go fly that 90 miles. The Coast Guard organize large numbers of people. But there is only the Federal Government was too far away, this up near our Ap- not only professionalized Washington that can bring in, under some kind of palachian region. In the pitch black- but insist there be professionals at doctrine of mutual aid, really come in ness, with power lines around them each State level. And I would empha- and provide the resources necessary. when they couldn’t see, they went size reform must also be directed at the We lost cities—we have never lost an down and were able to rescue two, and States. No matter how good James Lee entire city, except back to Betsy. for the third they weren’t sure whether Witt was, no matter how dedicated Joe That has to be dealt with. The other he was going to get in the little basket Allbaugh was, if they didn’t have the is the role of the Vice President in our that they have, but they stayed to State functioning well, it wouldn’t earlier recommendation. The Vice make sure they were going to leave no work. As we know, the genius of our President always backs the President one behind. Our State troopers did it, system is that each State will have a up, but in a big disaster, like when the but they did it because they were pro- different type of threat. The terrain is big ones hit, the Vice President should fessional, they were trained, they had different, the threat is different. And move to the Situation Room and really worked together, they had trusted. they need to be ready. So the take charge, to make sure the Gov- That is what they did that terrible professionalization and the way was ernors can handle the job, that the night in West Virginia. It should be a that each State submit a plan. If you Governors next to the States affected model of what we need. Let’s work to- don’t do the right plan and do table- can provide mutual aid, and so on, be- gether, train together, and trust each tops, you are not going to get the cause it is also an appropriate role for other. And that is why I supported this money. I think you have to have a the Vice President should the Presi- amendment to restore FEMA to Cabi- muscular way to have State plans in dent be out of the country. The Vice net-level rank and establish it again as place with professional people and President would be prepared and also, an independent agency where there are benchmarks for meas- should the Vice President ever have to NORTHERN BORDER AIR WING INITIATIVE urement and then use the ultimate take over for any reason, would know Mr. LEVIN. Mr. President, I would withholding. That is tough, but let me the complete working of the FEMA dis- like to enter into a colloquy with my

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7406 CONGRESSIONAL RECORD — SENATE July 12, 2006 friend from West Virginia, Senator DEPARTMENT OF HOMELAND SECURITY, 2. Does the President’s FY07 budget re- BYRD, regarding funds that have been Washington, DC, April 11, 2006. quest for DHS include funding for the open- included in Senator BYRD’s amendment Hon. CARL LEVIN, ing of Northern Border Air Wing sites in for Customs and Border Protection, U.S. Senate, Russell Senate Office Building, Michigan and North Dakota? Washington, DC. a. If so, how much money has been budg- CBP, air and marine interdiction, oper- DEAR SENATOR LEVIN: Thank you for your eted for the opening of the sites? ations, maintenance, and procurement. letter from March 10, 2006 in which you re- Response: The current cost to fully acti- The northern border air wing, NBAW, quested clarification on the Department of vate a single air wing site is approximately initiative was launched by the Depart- Homeland Security’s plan for the opening of $17 million ($12 million for infrastructure, ment of Homeland Security, DHS, 2004 additional Northern Border Air Wing sites in operations, and maintenance; $5 million for to provide air and marine interdiction Fiscal Years 2006 and 2007. The Department staffing salaries and relocations), depending and enforcement capabilities along the is committed to enhancing our Northern on specific site requirements and other fac- northern border. Original plans called Border security through the establishment tors. The Department is currently devel- for DHS to open five NBAW sites in of the needed air wings just as soon as the oping funding options to support the site ac- ground infrastructure, air assets, and experi- tivations. New York, Washington, North Dakota, enced personnel can be made available. Con- 3. What criteria were used to determine the Montana, and Michigan. sistent with my earlier testimony, the acti- order of Northern Border Air Wing sites to The New York and Washington vation of the Montana air wing at Great be opened? NBAW sites have been operational Falls is well underway and should be com- Response: The order in which the border since 2004. Unfortunately, not all of the pleted by the end of this fiscal year. In Fis- sites are activated was based on the known sites have yet been established, leaving cal Year 2007, our objective remains the acti- level of aviation, marine, and ground activ- large portions of our northern border vation of the Michigan site and the initi- ity in each geographical area, combined with unpatrolled from the air and, in the ation of activity on the site in North Da- available intelligence on the threat. This re- case of my home State, the water. In kota. This will give us a limited presence at sulted in Bellingham, WA and Plattsburgh, NY being activated first, with Great Falls, the conference report accompanying all five of the primary Northern Border Air Wing sites by the year’s end. MT and Detroit, MI to be activated second. the fiscal year 2006 DHS appropriations Based on the operational experience gained Grand Forks, ND was identified as the last of bill, the conferees noted that these re- on the Northern Border and our continuing the primary sites to be established. maining gaps in our air patrol coverage evaluation of available intelligence, we will of the northern border should be closed add or relocate air assets and personnel U.S. SENATE, as quickly as possible. among the five sites to provide the most Washington DC, March 10, 2006. Given that the threat from terror- comprehensive patrol coverage and to sup- Hon. MICHAEL CHERTOFF, ists, drug traffickers, and others who port ground interdiction operations. We may Secretary, U.S. Department of Homeland Secu- seek to enter our country illegally has also establish a series of secondary air sites rity, Washington, DC. DEAR MR. SECRETARY: I am writing to re- not diminished, I believe approxi- and/or deploy unmanned aerial vehicles along our border to enhance air coverage. quest clarification of the Department of mately $12 million of the funds in- We have developed a fully integrated avia- Homeland Security’s plans for opening addi- cluded in Senator BYRD’s amendment tion plan that is undergoing review within tional Northern Border Air Wing sites to for air and marine interdiction, oper- the Department. The plan details our long- complement the current sites in Bellingham, ations, maintenance, and procurement range objectives for enhancing border secu- Washington and Plattsburg, New York. You should be used by Customs and Border rity through the use of our air force and how have testified before the Senate Homeland Protection to complete the remaining we intend to achieve the objectives over Security and Governmental Affairs Com- activities necessary to prepare, equip, time. We look forward to sharing the plan mittee on several occasions that the Depart- and establish the Michigan NBAW site with Congress as soon as the review is comment plans to open sites in Michigan, Mon- plete. I believe that the plan will underscore tana, and North Dakota in Fiscal Years (FY) as Secretary Chertoff has indicated he both the extensive work accomplished to 2006 and 2007. I strongly support the North- would like to be able to do. date and the challenges that face us. For ern Border Air Wing initiative and look for- In an April 11, 2006, letter to me, Sec- now, please find enclosed our responses to ward to all five Northern Border Air Wing retary Chertoff indicated that it was your specific questions. sites becoming operational in the coming his Department’s plan to open the Thank you for your continuing support of years. Michigan site during the 2007 fiscal our efforts to secure our borders. If we may During your testimony before the Senate year, and the Byrd amendment will en- be of further assistance, please contact the Homeland Security and Governmental Af- able the Department to stick to its Department’s Office of Legislative and Inter- fairs Committee on March 1, 2006, you indi- schedule. Mr. President, I will ask that governmental Affairs at (202) 205–4412. cated to the Committee that the Northern Sincerely, Border Air Wing site in Montana would open Secretary Chertoff’s letter and enclo- MICHAEL CHERTOFF, in FY06, followed by the North Dakota and sures, my letter to the Secretary, and Secretary. Michigan sites in FY07. However, an analysis a colloquy from earlier this year be of the President’s FY07 budget request for printed in the RECORD. Questions to Secretary Michael Chertoff DHS does not seem to support your testi- Mr. BYRD. I agree with my friend from the Honorable Carl Levin, United mony since there are no funds designated for from Michigan. I understand that Sec- States Senate, dated March 10, 2006: the establishment of Northern Border Air retary Chertoff has said that the estab- 1. Will new Northern Border Air Wing Sites Wing sites in either North Dakota or Michi- lishment of the final northern border be established in Michigan and North Dakota gan. during FY07? air wings will be completed in fiscal In light of these discrepancies, I would ap- a. When will specific sites in Michigan and preciate your response to the following ques- year 2007. These funds will help the North Dakota be selected? tions: Secretary meet his goal. My amend- b. When do you predict step sisters will be (1.) Will new Northern Border Air Wing ment, which was cosponsored by the operational? sites be established in Michigan and North chairman of our subcommittee and Response: Yes, the Department will begin Dakota during FY07? adopted unanimously by the Senate the activation process for new air sites in a. When will specific sites in Michigan and yesterday, provides $105 million for air both Detroit, Michigan and the Grand Forks North Dakota be selected? area of North Dakota in FY 2007. The site and marine interdiction, operations, b. When do you predict these sites will be survey for Detroit has been completed and operational? maintenance, and procurement. Cer- preliminary work to assess hangar, mainte- (2.) Does the President’s FY07 budget re- tainly, $12 million of those funds could nance, and support facility requirements is quest for DHS include funding for the open- go to Michigan for the establishment of ongoing. Air assets are being identified for ing of Northern Border Air Wing sites in this important and final northern bor- transfer to the site and staffing plans are Michigan and North Dakota? der air wing. I will work with the being compiled. The FY 2006 appropriation a. If so, how much money has been budg- chairman in conference to ensure that provided $2 million for the North Dakota site eted for the opening of these sites? the border security funds are retained assessment, which is in progress and should (3.) What criteria were used to determine in conference. be completed in late May 2006. The reloca- the order of Northern Border Air Wing sites Mr. President, I ask unanimous con- tion of air assets and experienced personnel to be opened? for both sites remains a challenge, and the A Northern Border Air Wing site in Michi- sent that the aforementioned materials Department will have to close smaller, less gan will provide an additional layer of air be printed in the RECORD. valuable, interior sites to su port the North- and marine border security along a critical There being no objection, the mate- ern Border site activations. This should en- section of our Northern Border. The region rial was ordered to be printed in the able the Department to establish initial for which the Michigan site will be respon- RECORD, as follows: presence at both sites by the end of FY 2007. sible encompasses at least three of our Great

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7407 Lakes and several major ports along the St. glected compared to the southern border. As A fellow named Henry Bunting testi- Lawrence Seaway including Detroit, Cleve- my colleagues are aware, funds were appro- fied at a hearing we held. He was a land, Chicago, Milwaukee, and Green Bay. In priated in the fiscal year 2006 Department of whistle-blower. He actually worked for addition, Southeast Michigan is home to Homeland Security Appropriations Act to Halliburton in Kuwait. His job in Ku- three of our nation’s busiest border crossings initiate funding of the third northern border and an unparalleled industrial base vital to air wing in North Dakota. I am committed wait was to purchase hand towels for our economy and national security. I hope to seeing that the establishment of the re- American soldiers. So he got a requisi- you agree that the establishment of a North- maining northern border air wings is accom- tion to buy hand towels for American ern Border Air Wing site in Michigan is a na- plished as expeditiously as possible soldiers, and he would order the hand tional priority and I would appreciate your Mr. MCCONNELL. I suggest the ab- towels. But then he was told: No, we timely response to the above questions. sence of a quorum. don’t want you to order those hand Should your staff have any questions, The PRESIDING OFFICER (Mr. towels; we want you to order new hand please feel free to have them contact Mi- DEMINT). The clerk will call the roll. towels. He brought a sample of the chael Noblet of my staff at (202) 224–3999. The legislative clerk proceeded to Sincerely, hand towels with him. The reason they call the roll. wanted him to order different hand CARL LEVIN. Mr. MCCONNELL. I ask unanimous towels is they wanted the company consent that the order for the quorum CUSTOMS AND BORDER PROTECTION name to be embroidered on the hand call be rescinded. Mr. LEVIN. I would like to enter into a The PRESIDING OFFICER. Without towels, which tripled the cost of the colloquy with my friend from New Hamp- objection, it is so ordered. towels for the taxpayers. shire, Senator GREGG, and my friend from No one would have believed that sol- North Dakota, Senator CONRAD, regarding f diers need to have hand towels with the funds that have been included in this bill for MORNING BUSINESS embroidered name of the contractor customs and border protection, CBP, air and Mr. MCCONNELL. Mr. President, I providing the hand towels. That is ex- marine interdiction, operations, mainte- actly what happened. And it is exactly nance, and procurement. ask unanimous consent that there now The Northern Border Air Wing, NBAW, ini- be period of morning business with what the whistle-blowers told us was tiative was launched by the Department of Senators permitted to speak for up to happening with respect to procure- Homeland Security, DHS, in 2004 to provide 10 minutes each. ment. air and marine interdiction and enforcement The PRESIDING OFFICER. Without This whistle-blower, who worked capabilities along the Northern Border. objection, it is so ordered. with the company, said: This is some- Original plans called for DHS to open five f thing my supervisor said we are going NBAW sites in New York, Washington, North to do, and we did it. He said: We saw Dakota, Montana, and Michigan. SOLE-SOURCE CONTRACTS AND $8,500-a-month SUV rentals. We saw The New York and Washington NBAW sites IRAQ have been operational since 2004. Unfortu- $40, $45 a case for Coca-Cola nately, none of the other three sites have yet Mr. DORGAN. Mr. President, this It is pretty unbelievable when you been stood up, leaving large portions of our morning in the Washington Post there hear all of the stories. Those stories Northern Border unpatrolled from the air. In was an article announcing a decision come from giving billions of dollars of the conference report accompanying the fis- by the Defense Department that re- contracts to one company. That is cal year 2006 DHS appropriations bill, the lates to something I have held a good what has happened on contracts called conferees noted that these remaining gaps in many hearings on through the Demo- LOGCAP and RIO, and finally the Pen- our air patrol coverage of the northern bor- cratic Policy Committee in the past tagon suggests maybe it is going to der should be closed as quickly as possible. several years. We have been holding shut these down and require competi- Given that the threat from terrorists, drug traffickers, and others who seek to enter our hearings on waste, fraud, and abuse tion. country illegally has not diminished, I be- with respect to the very large sole- Looking forward, I am going to ask lieve an adequate portion of the funds in- source contracts that have been given the Pentagon to consider all of the included in this bill for air and marine inter- to certain companies to do business in formation that we have uncovered in diction, operations, maintenance, and pro- Iraq and provide food and fuel and lo- these hearings, because provisions in curement should be used by customs and bor- gistics support for our troops. What we defense contracting require that you der protection to complete the remaining as- have discovered is very substantial hold companies accountable for actions sessments, evaluations, and other activities waste, fraud and abuse. they have taken in the past, when you necessary to prepare and equip the Michigan, This morning, finally, the Wash- consider new bids for the future. North Dakota, and Montana NBAW sites It is interesting that this also relates with appropriate CBP air and marine assets. ington Post says: ‘‘The Army to End This bill requires that DHS submit an ex- Expansive, Exclusive Halliburton Deal. to something that is now happening in penditure plan to the appropriations com- Logistics Contract to be Open for Bid- the Pentagon. The woman who testi- mittee before any of the funds may be obli- ding.’’ One of the side bars of the story fied before the committee—there has gated. I urge DHS to include in their plan talks about: ‘‘Whistle-blowers told how been a great deal of discussion about the funds necessary to stand up, equip, and the company charged $45 per case of her—was Bunny Greenhouse, the top begin operations at the three remaining soda, double-billed on meals, and al- civilian contracting official in the northern border air wing sites in Michigan, lowed troops to bathe in contaminated Corps of Engineers at the Pentagon. North Dakota, and Montana. She rose to the top. Every performance Mr. CONRAD. I agree with my friend from water.’’ All of these were issues given Michigan. The fiscal year 2006 DHS appro- us to us by whistle-blowers who came evaluation said she was the best. Peo- priations bill included a small amount of to our Committee to testify because ple outside the Government who had funds to begin initial preparations for a there was virtually no oversight on dealt with her said she was the best, NBAW site in my home state of North Da- these issues by the other Committees. professional, knew what she was doing. kota, but more funds are needed for the site The decision to terminate these sole- She said: to become operational. Secretary Chertoff source contracts is long overdue. Sole- I can unequivocally state that the abuse has told us that the establishment of the source contracts are contracts that related to contracts awarded to KBR— three additional northern border air wings are, in my judgment, invitations for will be complete in fiscal year 2007. That is Halliburton— A small portion of the air and marine abuse. The bill that I introduced some represents the most blatant and improper interdiction funds in this bill would go a months ago, along with 30 other Sen- contract abuse I have witnessed during the long way toward meeting this deadline and ators, called S. 2361, the Honest Lead- course of my professional career. the goal of securing our long and currently ership and Accountability in Con- This woman was honest and public porous northern border. I join Senator LEVIN tracting Act of 2006, is a piece of legis- about what she saw. She was demoted. in encouraging the DHS to include funds suf- lation that insists on this exact provi- She lost her job. That job has now been ficient to stand up and equip the North Da- sion, but goes much, much further—the filled by someone else, someone who kota, Michigan, and Montana sites. provision that says we ought to break has 40 years experience with the Gov- Mr. GREGG. My friends from Michigan and North Dakota raise important points. I agree up these contracts and have them com- ernment but has no contracting experi- the establishment and equipping of the three peted for so that the competition for ence. A person with 20 years con- remaining northern border air wings is a pri- contracts will give the taxpayers some tracting experience, the highest civil- ority. The northern border has long been ne- feeling they are not being cheated. ian official in the Corps of Engineers

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7408 CONGRESSIONAL RECORD — SENATE July 12, 2006 loses her job to be replaced by someone petition between companies in order to And, of course, that is exactly what who is now being sent to school be- provide some safety for the American we are seeing right now. cause she doesn’t know contracting. taxpayer and to be sure that we are The real story is the sharp deteriora- This is happening at a time when we getting what we are paying for, I hope tion of the budget in this administra- hear these stories of $85,000 trucks left they will understand that there has to tion. When President Bush took office, by the side of the road to be burned be- be adequate oversight. the Congressional Budget Office pro- cause of a flat tire—the taxpayer is We have introduced legislation, my- jected large and growing Federal budg- paying for it; it doesn’t matter—25 tons self and many of my colleagues, called et surpluses under existing laws and of nails, 50,000 pounds of nails ordered, the Honest Leadership and Account- policies—the so-called baseline projec- wrong size, throw them in the sand. ability in Contracting. What the Pen- tion—including a budget surplus of Want to find 25 tons of nails? They are tagon is doing today appears to be in over $500 billion in fiscal year 2006. in the sand in Iraq, paid for by the line with one piece of it, and it is a step However, the President has presided American taxpayer. in the right direction. But much more over an incredible reversal of fortune. Where is the accountability? It is un- needs to be done. A $128 billion Federal budget surplus in believable the amount of waste that I ask those in the Pentagon to take a fiscal year 2001 turned into a $318 bil- has existed. And the one person who look at what we will send to them as a lion deficit by fiscal year 2005 and a had the courage to talk about it pub- result of a number of hearings in which projected deficit almost as large in fis- licly lost her job. That is still the sub- whistleblowers who have worked for cal year 2006. This is not news to crow ject of a great deal of angst in the Pen- these contracts, particularly Halli- about. Frankly, it reveals, as I sug- tagon. burton that has received very large gested, a tremendous reversal in the So yesterday the Pentagon an- sole-source contracts worth billions of budget fortunes of this country. nounces that they are finally going to dollars without bidding, I would hope A $5.6 trillion, 10-year projected sur- end sole-source contracts and require they would take a look at this and plus from 2002 to 2011 has turned into a competitive bidding, and finally the evaluate whether the performance is deficit of $2.7 trillion. So from the time taxpayers appear to get a break. But performance that is worthy of receiv- the President took office until today, this was several overdue. ing other contracts. The list is endless. what we thought was going to be a $5.6 There is more that needs to be done. I will not go over it again. trillion surplus is now a $2.7 trillion One of the things the Pentagon has ap- This morning’s announcement by the deficit, an extraordinary change in the parently also decided to do is to Pentagon is finally a recognition that fiscal year health of the United States. outsource oversight. You can’t there needs to be competition. It is one Realistically, this 10-year deficit is outsource oversight. It has been tried step in the piece of legislation I and probably much higher because it does before. They had companies that were many of my colleagues offered some not include big-ticket items such as partners in contracts in other coun- months ago. My hope is they will finish the war costs which are being funded tries come into Iraq to provide over- the job and do what is necessary to on supplemental appropriations and sight over each other. You can’t do give the taxpayers full value and full not properly projected into the budget that. You can’t delegate oversight, es- measure for the money that is being base; and the need to make tax adjust- pecially not to companies with con- spent on these contracts. ments like fixing the alternative min- flicts of interest. The oversight respon- I yield the floor. imum tax. sibility for spending the taxpayers’ Instead of sound budget policies f money is with the Government, not aimed at preparing for the imminent someone you hire that will have a pat- MIDSESSION BUDGET REVIEW retirement of the baby boom genera- ently obvious conflict of interest. Mr. REED. Mr. President, when the tion, the Bush administration and the While the Pentagon is taking a step administration released its midsession majority in Congress have refused to forward today in their announcement review of the fiscal year 2007 budget adopt the kinds of budget enforcement about the ending of these sole-source yesterday, it made a number of claims rules that helped achieve fiscal dis- contracts, they are taking another step about how its policies have been suc- cipline in the 1990s. They have pursued backward on this issue of deciding they cessful at promoting economic growth an open-ended commitment to stabi- are going to hire other companies to and bringing down the budget deficit. lizing Iraq that relies on supplemental provide oversight to make sure the tax- In this case, however, as in so many appropriations rather than the normal payers’ money is being spent in the others, the administration is looking budget process, and they have re- way anticipated. That makes no sense. through rose-colored glasses, exag- mained committed to extending irre- Here is another whistleblower ac- gerating the successes of its policies sponsible tax cuts that will add further count. Rory Mayberry worked in Iraq and ignoring the true costs. to the budget deficit. All of this comes for Halliburton. He worked in food Let’s begin by putting the improve- at the cost of inhibiting greater eco- service. He was the manager of a food ment in the fiscal year 2006 budget def- nomic opportunities for most American service that provided food to the icit in perspective. It is true that tax families. troops. He came to us and said: We had revenues have grown this year—as they That, of course, is not what we are food that was date stamped expired. always do in a business cycle expan- hearing from the administration and The Halliburton supervisors said: It sion—and that revenues have been its supporters who keep telling us that doesn’t matter, just feed to it the coming in stronger than expected. But the economy is doing well, and that troops. And they said: By the way, the current projected 2006 deficit of their tax cuts are an important reason don’t you dare talk to a Government $296 billion is just a little lower than why, and that everyone is benefiting. It auditor. If a Government auditor the fiscal year 2005 budget deficit of should not be surprising that this is comes around and you talk to that per- $318 billion. It is still the fourth largest not a message which is resonating with son, either you will be fired or you will budget deficit on record in nominal the American people because, in fact, be sent to an area where there is hos- terms. the current economic recovery has tile action. He talked to a Government The Bush administration wants us to been weaker than the typical business auditor. He was sent to Fallujah during compare the current estimate of the cycle recovery since the end of World the height of the action there. fiscal year 2006 budget deficit with the War II, and large numbers of Ameri- The stories are unbelievable. And fi- exaggerated estimate of $423 billion cans are still waiting to benefit from nally, the Pentagon is taking a step in they made in their February budget the economic growth that we are pur- the right direction in one area, step- projection. As the noted budget expert portedly seeing. ping backward in another. But I hope Stan Collender wrote at the time: Job growth has been very slow by the the Pentagon understands, when they standards of past recoveries, real wages This President has a well-established his- open these contracts called the tory of overstating the deficit early in the are stagnating, and disparities in in- LOGCAP contract and the RIO con- year and then taking credit when it turns come and earnings are growing wider. tract, when they open these contracts out to be lower than projected, even if it has Last Friday we learned that employers and finally insist that there be com- done nothing to make that happen. added only 121,000 jobs to their payrolls

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7409 in June, and that employment growth 2005. Nonwithheld income is not ordi- dent Clinton, but that legacy of fiscal over the past 3 months has averaged nary wages; it is income such as cap- discipline has been squandered under just 108,000 jobs per month. Those are ital gains, executive bonuses, noncor- President Bush. not the kinds of figures you expect to porate business income, and interest on No matter how rosy a picture the ad- see in a healthy job market. They are dividends. ministration tries to paint, neither the not even enough to keep up with nor- Unfortunately, middle- and lower-in- present nor the future fiscal outlook mal growth in the labor force. come families are paying the price for seems terribly bright. Instead of more You also don’t expect to see the earn- the President’s tax cuts for the tax cuts for the wealthiest among us, ings of the typical worker fallin behind wealthiest, as investments in programs we need to invest more in hard-work- inflation year after year in a growing that promote greater economic pros- ing families and create greater oppor- economy, but that is what has hap- perity for ordinary Americans have be- tunities for every American. We cannot pened since 2003. Average hourly earn- come candidates for budget cutting. afford the costs of failing to meet that ings have fallen in each of the past 2 The President’s budget includes cuts challenge years, and real median household in- to elementary and secondary edu- f come has declined by about $1,700 cation, student financial aid for higher CHILD MARRIAGE PREVENTION under President Bush. education, job training for displaced AND PROTECTION ACT OF 2006 The benefits of economic growth over workers, child care assistance so that the last several years are simply not parents can go to work, and commu- Mr. DURBIN. Mr. President, I rise being shared fairly. Those at the upper nity development grants aimed at ex- today to announce that tomorrow I income levels are seeing gains but, panding small businesses. will introduce the Child Marriage Pro- frankly, not the same robust gains of Getting our fiscal house in order is tection Act of 2006 which is cospon- the 1990s, when we saw the proverbial the first step toward keeping our econ- sored by Senator CHUCK HAGEL of Ne- picket fence, where there were positive omy strong. But we also can’t short- braska. I have believed for a long pe- gains at every level of income in the change investments in research and riod of time that one of the best predic- United States from the poorest to the technologies that will create the high- tors of how a nation will develop eco- richest. Now, we are seeing a distribu- wage jobs of the future. Our policies nomically can be found in the answer tion of income that is skewed to the should be refocused toward promoting to one question: How does that nation very richest. At the bottom income and lifelong education and training for our treat its women? If women are treated middle income level, there is a loss in citizens in order to allow Americans to as property or slaves without rights or real earnings since the President took increase their earnings, their personal opportunities, the country’s prospect for economic advancement will be low. office. They are not even keeping up. savings, and their ability to own a While wages have stagnated and in- home. But if women have the opportunity to comes are falling for most workers, Today, we are at war and yet there is advance and prosper, so will their na- profits have grown to record levels. no sense of the shared sacrifice that tion. The untapped economic and edu- Corporate profits have grown at an an- has united this country in past con- cational potential of girls and women nual rate of over 16 percent, more than flicts. Our military families are mak- in many developing nations represents twice the average growth rate in past ing tremendous sacrifices, and too an enormous loss to those societies. If recoveries. Strong productivity growth many of them have made the ultimate women play such a key role in eco- sacrifice in service to our country. has shown up on the bottom lines of nomic development, then we have to With $320 billion appropriated or shareholders, but not in the paychecks start with an even more basic question: pending for Iraq operations to date and of workers. How does a country treat its daugh- It seems clear that investors are ben- more than 2,500 service men and women ters? Girls’ educational opportunities efiting greatly from Bush administra- killed, the human and financial tolls and access to health care are key vari- tion policies, but hard work goes are both more staggering than imag- ables in this equation. unrewarded. Most Americans depend on ined. The issue of child marriage is an- their salary, not their investments, to With mounting war costs, the im- other important, but often unrecog- pay their bills. Too many Americans pending retirement of the baby boom nized, element that significantly af- are being squeezed by stagnant in- generation, and deficits as far as the fects access to education and dramati- comes and rising costs for gasoline, eye can see, it is unconscionable to cally shapes the lives of girls and health care, and education. Somehow, think that we are being asked to make women in many developing countries. the Bush tax cuts are supposed to the President’s irresponsible tax cuts That is why Senator HAGEL and I will make up for this. permanent. Those tax cuts were poorly be introducing this bill. However, the nonpartisan Tax Policy designed to stimulate job creation and Child marriage is dangerous to the Center estimates that the tax cuts broadly shared prosperity when they health of girls and young women and passed this year will only save the typ- were first passed, and they have pro- their children, detrimental to eco- ical American family about $47—about duced a legacy of large budget deficits nomic progress, illegal in most coun- what it now costs to fill up the gas that leave us increasingly hampered in tries, and yet common in many parts of tank of their minivan. But taxpayers our ability to deal with a host of chal- the world. In some countries, girls as making over $1 million will receive a lenges that we face as a Nation. young as 7 or 8 years old are often mar- tax cut of more than $42,000—enough to Large and persistent budget deficits ried. buy a new Mercedes. have contributed to an ever-widening This last week’s New York Times Ironically, the sources of the revenue trade deficit that forces us to borrow Sunday magazine had a pictorial dis- surprises that have led to the improve- vast amounts from abroad and puts us play of some of these child marriages ment in the fiscal year 2006 budget pro- at risk of a major financial collapse if around the world. It was heartbreaking spectus mirror the growing disparity foreign lenders suddenly stop accepting to see girls who would be in the second between incomes at the top of the dis- our IOUs. We had a current account and third grade in the United States of tribution and incomes for typical deficit of nearly $800 billion last year America being claimed as wives by American families. Corporate tax re- and our international financial debt these older men. ceipts are substantially higher than continues to mount. Early marriage also carries with it originally projected, and much of the Raising our future standard of living serious health risks. In developing unexpected increase in individual in- and preparing adequately for the re- countries, girls aged 10 to 14 who become taxes appears to come from in- tirement of the baby boom generation come pregnant are five times more come gains by high-income taxpayers. require that we have a high level of na- likely to die in pregnancy or childbirth In particular, tax receipts for income tional investment and that a high frac- than women who are 20 years to 24 not automatically subject to with- tion of that investment be financed by years of age. Their children suffer from holding, known as nonwithheld re- our own national saving—not by for- high mortality rates as well. ceipts, were 20 percent greater during eign borrowers. We followed such pros- In countries with high rates of HIV/ the first 9 months of 2006 compared to perity-enhancing policies under Presi- AIDS, child marriage is itself a risk

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7410 CONGRESSIONAL RECORD — SENATE July 12, 2006 factor: Girls who are married are at a and if they had not experienced preg- integrated community-based approach greater risk of HIV/AIDS than unmar- nancies which they were not physically to promote and support girls’ edu- ried girls. This is one of the many sad prepared to deal with or devastating cation, health care, and opportunities. ironies of this practice. Parents may sexual assaults. Child marriage is part of a complex believe that earlier marriage will pro- We need to do more to help women matrix of issues and attitudes. Last tect their daughters; instead, it places and girls who are suffering from this Sunday’s New York Times, as I men- them in greater danger. condition, but we also need to do ev- tioned, described the situation in Af- Adolescent mothers in developing erything we can to prevent it—through ghanistan, and here is what they wrote: countries are also at high risk for a access to family planning and medical Rather than a willing union between a man condition known as obstetric fistula. care and encouraging communities to and a woman, marriage is frequently a trans- This is a medical condition which has recognize the true social costs of child action among families, and the younger the virtually disappeared in developed marriage. That is one of the goals of bride, the higher the price she may fetch. countries around the world. It occurs our legislation. The Times article stated: most often when a woman is trapped in We are not trying to dictate to other Afghanistan is not alone in this predi- prolonged, obstructed labor without countries what their laws will be. Child lection toward early wedlock. Globally, the marriage, as I said earlier, is already number of child brides is hard to tabulate; medical care. In nearly every case, the they live mostly in places where births, baby in such circumstances is still- illegal in most nations, and we are not deaths and human milestones go unrecorded. born. Women and girls who survive the trying to force our will on unwilling But there are estimates. About 1 in 7 girls in ordeal of prolonged labor may be vir- countries. But we are trying to pro- the developing world (excluding China) gets tually ripped apart physically in the mote change through community-based married before her 15th birthday— process. organizations that help local leaders One in seven— A fistula is an open hole that is cre- and parents recognize the costs and according to analyses done by the Popu- ated during labor that does not heal. horrors of child marriage. lation Council, an international research This condition may leave its sufferers In addition to the often devastating group . . . Tens of millions of girls are hav- unable to control their bowels or blad- health consequences of early marriage, ing babies before their bodies are mature der. It can be as debilitating socially as girls who are married are often denied enough, increasing the likelihood of death opportunities to go to school. Girls’ from hemorrhaging, obstructed labor and it is physically. These girls and women other complications. are often abandoned by the husbands education is increasingly recognized as This article described one such wed- who married them at such an early age the critical element in economic ding: a 13-year-old whose marriage was and impregnated them, and they are growth and development. That is why it has been added as one of the criteria arranged to pay off a gambling debt. shunned by their communities and The story also described the engage- for countries to qualify for assistance their families because of this terrible ment of an 11-year-old girl to a 40-year- through the multibillion-dollar pro- physical condition. old man. They showed the photo. It was Last December, I went to the Demo- gram, the Millennium Challenge Ac- horrifying to think about that little cratic Republic of Congo with Senator count. girl, who was quoted in the story as SAM BROWNBACK of Kansas. We went to U.N. Secretary Kofi Annan has said saying she really didn’t know this man. that ‘‘educating girls is not an option, the town of Goma, and in this town of The girl in question said she had hoped it is a necessity.’’ He is right. Girls’ Goma, we visited a hospital known as to become a teacher. Instead, she will education is a recognized cornerstone the Docs Hospital. become an 11-year-old bride—one more The Docs Hospital is kept open by of development, but 60 million girls in girl in a faraway place in the world the charity and giving of many church- the world are denied access even to the who has lost her chance for the future. es around the world and in the United most basic education. Others may start Child marriage is most common in States. They have a surgical room school but are far less likely to com- the rural areas in the poorest coun- which is one of the most professional plete school than their brothers be- tries. This practice perpetuates pov- you can imagine in that part of Africa, cause of economic realities and the erty. funded by the United Nations. Almost possibility of child marriage. Early Charlotte Ponticelli, who was then all of their work is on this condition of marriage, as I said, is one of the rea- the senior coordinator for inter- obstetric fistula. Young girls pregnant sons. Engagements and weddings fre- national women’s issues for the State too soon, subjected to prolonged labor quently signal the end of school for the Department, laid out the case clearly. as a result, have this condition which 10- or 11-year-old bride. Ms. Ponticelli stated: haunts them. Girls who are the victims Lack of education has an enormous It is unconscionable that in the 21st cen- of sexual assault face the same possi- impact on the health, economic oppor- tury girls as young as 7 or 8 can be sold as bility. Then, after they have been tunity, and security of a nation. In brides. There is no denying extreme poverty shunned by the families and their Sub-Saharan Africa, children whose is the driving factor that has enabled the tribes, they sometimes walk for hun- mothers have 7 years of education are practice to continue, even in countries where dreds of miles to get to this tiny hos- twice as likely to see their fifth birth- it has been outlawed . . . We need to be shin- pital in Goma. day as children of uneducated mothers. ing the spotlight on early marriage and its underlying causes . . . We must continue to As Senator BROWNBACK and I ap- The children of mothers who attended do everything we can to ensure that girls proached this hospital, we saw these school are also far more likely to at- have every opportunity to become agents of women lined up sitting in the dirt. tend school themselves. Just as early change and to expand the ‘‘realm of what is They stood as soon as they saw our marriage helps to sustain cycles of pov- possible’’ for their societies and the world at White faces and broke into songs of erty, education can break those cycles. large. greeting, as one often finds in Africa. Our foreign assistance programs need The legislation Senator HAGEL and I We looked at the long line of women to address the ways in which these will introduce is designed to support waiting for their chance for surgery. issues are linked. The Child Marriage community-based efforts to support When we talked to the surgeon, he said Prevention and Protection Act will, girls’ education, discourage early mar- some of them will wait for months, and No. 1, require the State Department riage, and assist young girls and if they are lucky enough to have the and USAID to create a comprehensive women already in marriage. surgery, they convalesce two to a bed strategy to address child marriage as We invite our colleagues on both in this crowded hospital ward. But the part of the U.S. development agenda; sides of the aisle to join this bipartisan surgeon went on to tell us that even No. 2, require incorporation of this im- bill. Parents should never feel that one surgery is not enough for many of portant issue within the annual State marriage of their 11-year-old daughter these women. There are some women Department Country Reports on is the best option for themselves or who have waited years, with repeated Human Rights Practices; No. 3, help their children. With a little help from surgeries to try to correct this prob- countries enforce their existing child America and other countries around lem, a problem that would have been marriage laws; and No. 4, authorize $60 the world, perhaps we can make this a avoided for many of these women had million over 3 years, starting with $15 better choice for the daughters, the they not been exploited at an early age million in the first year, as part of an families, their nation, and the world.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7411 HONORING OUR ARMED FORCES death of Russ, only 23 years old, on an victims, both American and Kenyan U.S. ARMY SERGEANT RUSSELL M. DURGIN Afghan battlefield far from New Hamp- alike. She dedicated much of her subse- Mr. GREGG. Mr. President, I rise shire is also a great loss for our State, quent work to improving the security today to pay special tribute to U.S. our benevolent Nation, and the world. of our embassies around the world, and Army SGT Russell M. Durgin, a coura- He will be sorely missed by all; how- offering a more compassionate out- geous young American from Henniker, ever, his family and friends may draw reach to the State Department’s most NH, who on June 13, 2006, gave his last some comfort in knowing that because valuable assets, its men and women. full measure in service to our Nation. of his devotion, sense of duty, and self- At a service in honor of one of the Russell, or Russ or Durgs to family less dedication, the safety and liberty Foreign Service Officers who died in and friends, was a 2001 graduate of of each and every American is more se- the Kenya bombing, Mary Ryan spoke John Stark Regional High School, cure. In the words of Daniel Webster— these words: Weare, NH, where he played lacrosse. may his remembrance be as long last- ‘‘She was a beautiful, beautiful per- Friends say his sense of humor, adven- ing as the land he honored. God bless son. We are greatly diminished by her turous spirit, love of life, and wide Russell M. Durgin. loss.’’ smile made every moment spent with f That was true of Mary as well. She him a good one. Daniel Webster, speak- too was a beautiful, beautiful, person, TRIBUTE TO MARY A. RYAN ing of early American leaders said, and we will miss her very much. ‘‘While others doubted, they were re- Mr. KENNEDY. Mr. President, all of f solved; where others hesitated they us who know Mary Ryan were saddened pressed forward.’’ In this spirit, at the by her death on April 25. She was a LOCAL LAW ENFORCEMENT age of 17 while still in High School, truly outstanding American diplomat ENHANCEMENT ACT OF 2005 Russ enlisted in the U.S. Army. He and public servant, and shall be greatly Mr. SMITH. Mr. President, I rise completed basic infantry training at missed. today to speak about the need for hate Ft. Benning, GA, in July 2002. Next Mary Ryan dedicated her life to pub- crimes legislation. Each Congress, Sen- came a 1-year tour of duty in South lic service and to helping others. She ator KENNEDY and I introduce hate Korea with the 1st Battalion, 506th In- joined the Foreign Service in 1966 and crimes legislation that would add new fantry Regiment, followed by assign- went on to serve the American people categories to current hate crimes law, ment to the 1st Battalion, 32nd Infan- as a skilled diplomat for 36 years, in- sending a signal that violence of any try Regiment, 10th Mountain Division, cluding service as Ambassador to Swa- kind is unacceptable in our society. Fort Drum, NY, and a 1-year tour of ziland and Assistant Secretary of State Likewise, each Congress I have come to duty to Iraq from September 2003 to for Consular Affairs. She retired as one the floor to highlight a separate hate September 2004. Back in the United of the few Americans to achieve the crime that has occurred in our coun- States during 2005, he successfully rank of Career Ambassador, and one of try. completed the U.S. Army’s warrior the very first women to do so, a major On May 26, 2003, in Lawrence, KY, leadership course, combat lifesaver distinction in her profession, but above Josh Graves, a 15-year-old boy who suf- course, and sniper school. In March all, she touched many lives in the fers from cerebral palsy, was attacked 2006, he deployed with his unit to Af- State Department. She served as a at a local park by four teenage boys. ghanistan in support of Operation En- mentor to generations in the Foreign The four boys approached Graves, during Freedom. Service, and many considered her to be taunting him and asking him if he was Tragically, in June 2006 during com- the matriarch of America’s diplomats. retarded. They attacked Graves, bat operations in the mountains of As Assistant Secretary of State for knocking him to the ground before Korengel, Afghanistan, this brave sol- Consular Affairs, from 1993 to her re- punching and kicking him. After the dier died of injuries sustained when his tirement in 2002, she frequently testi- attack, Graves was left on the ground unit came under small arms fire. Ser- fied before Congress, and provided us suffering multiple seizures. According geant Durgin’s awards and decorations with valuable guidance and impressive to reports, the sole motivation for this include two Bronze Star Medals, one expertise. Thanks to her leadership, attack was Grave’s disability. with the combat distinguishing ‘‘V’’ Congress made necessary changes to I believe that the Government’s first device, two Army Commendation Med- enable the Bureau of Consular Affairs duty is to defend its citizens, to defend als, one with the combat distinguishing to improve technology, efficiency and them against the harms that come out ‘‘V’’ device, two Army Achievement information-sharing. She worked ag- of hate. The Local Law Enforcement Medals, the Purple Heart Medal, Army gressively to develop the TIPOFF ter- Enhancement Act is a symbol that can Good Conduct Medal, National Defense rorist lookout system, which became become substance. I believe that by Service Medal, Afghanistan Campaign the basis of our current terrorism data passing this legislation and changing Medal, Iraq Campaign Medal, Global system. She was recognized as a leader current law, we can change hearts and War on Terrorism Service Medal, Ko- on consular issues around the world. minds as well. rean Defense Service Medal, Non- Mary Ryan exemplified the best in f commissioned Officers Professional De- public service. In a commencement ad- velopment Ribbon, Army Service Rib- dress she delivered some years ago at ADDITIONAL STATEMENTS bon, Overseas Service Ribbon 2, Com- her alma mater, Saint John’s Univer- bat Infantryman Badge, and Expert sity, she said, ‘‘I ask you what JFK RECOGNITION OF NEW NATIONAL Weapons Qualification Badge. asked the youth of my day to do, to re- BOARD CERTIFIED TEACHERS Patriots from the State of New turn something to the community Hampshire have served our Nation with which has protected and educated ∑ Mr. AKAKA. Mr. President, today I honor and distinction from Bunker Hill you.’’ congratulate a special group of Hawaii to Kabul—and U.S. Army SGT Russell She encouraged young men and teachers, those who have successfully Durgin served in that fine tradition. women to ‘‘reject the murderous din of earned the designation National Board Friends and family said he loved his materialism,’’ emphasizing, ‘‘There is Certified Teacher. During 2005, a new work and was fiercely committed to more to life than the amount of money cadre of 30 consummate professionals the Army and to the people with whom on your W–2 at the end of the year.’’ demonstrated that their teaching prac- he served. During these chaotic and Mary Ryan lived by those words, and tice is consistent with the rigorous re- violent times, Russ dedicated himself they defined her own career and life. quirements for the profession as set by to serving his Nation because in his In the immediate aftermath of the the National Board for Professional heart, he sensed a call to duty. bombings of the American embassies in Teaching Standards. Their achieve- My sympathy, condolences, and pray- Kenya and Tanzania in August 1998, ment brings the number of teachers ers go out to Russell’s parents, Jean Mary put on a hardhat and climbed working in Hawaii who have attained and Lester, and to his other family through the bombed rubble of the em- National Board Certification to 111. members and many friends who have bassy in Nairobi, wanting to know the These dedicated teachers are distrib- suffered this most grievous loss. The name and background of each of the uted throughout Hawaii’s education

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7412 CONGRESSIONAL RECORD — SENATE July 12, 2006 system. Some teach at the elementary families and activities that help to im- Robert Packard followed his father’s level, some in middle schools, while prove the teaching profession. Also re- footsteps in joining the proud tradition others teach in high school classrooms. quired for this certification is success- that is the U.S. Navy when he was Some teach on Oahu, some are on the ful completion of a rigorous set of ex- sworn in by his father in 1966. In 1974, Big Island, and others on Kauai and aminations assessing the content Packard graduated with a bachelors of Maui. Some teach language arts, math, knowledge of the teacher. This is a science degree from the McIntire or social studies, while others teach a very arduous process requiring a com- School of Commerce at the University variety of other disciplines. Some mitment of up to 400 hours. However, of Virginia while serving in the Naval teach special needs students, a number in Hawaii help is available. The Hawaii Reserve. After serving various tours, are generalists, others are specialists, Teacher Standards Board, along with Packard became commanding officer of and a few are librarians. Nevertheless, the Hawaii State Teachers Association, the Mobile Mine Assembly Group from all of them have one thing in common, provides support groups for teachers 1988 to 1992 in Yorktown, VA, where his their dedication to enabling the school- undertaking this process. These ses- unit received the REDCOM SIX award children of Hawaii to achieve all that sions are held on the islands of Oahu, for the Best Small Unit, the Most Im- they can. I am proud to enter their Maui, Kauai and the Big Island, and proved Unit and the Best Small Unit names into the RECORD of this august they provide a support network for with over 50 percent enlisted. He served body. candidates as they go through the cer- in Desert Storm from 1992 to 1994 and During the 2005 school year the fol- tification process. Most often support then from 1994 to 1997 Packard served lowing teachers received National is offered through a qualified as commanding officer of a medical lo- Board Certification: Leslie Agena, facilitator, a teacher who has already gistics unit in Newport News, VA. Kailua High School; Amy Boehning, earned the designation of National Packard concluded his service with the Waialua High and Intermediate School; Board Certified Teacher. These support Navy at the Pentagon as a commander Genevieve ‘‘Noe’’ Bunnell, Pearl Ridge networks are also places to meet with assigned to the OPNAV N86 staff. Elementary School; Lisa Chang, Niu and support other teachers undergoing Commander Packard’s leadership and Valley Middle School; Susan Erikson, the same process. This assistance goes dedication to preserving the freedoms Washington Middle School; Marta Fin- a long way in making this very dif- and liberties that make this country so ley, Kealakehe Elementary School; ficult process possible. great is truly admirable. I am grateful Cathy Lynne K.L. Fong, Liholiho Ele- National Board Certification does not for Commander Packard’s service and mentary School; Candace Foster, Aina replace the teacher licensure require- contributions to the United States and Haina Elementary School; Kimberly ments as maintained by the Hawaii to the Commonwealth of Virginia.∑ Fradale, Mid-Pacific Institute; Raejean Teacher Standards Board, but instead f Gamiao, Mililani Uka Elementary identifies the recipient as an exem- School; Douglas Garriss, Kamiloiki El- plary practitioner, someone at the top CONGRATULATING CHAMPIONS ementary School; Lisa Hockenberger, of his or her profession. It signifies the FOR HEALTHY KIDS WINNERS Kalihi-Kai Elementary School; Janet teacher as someone who is a recognized ∑ Mr. BUNNING. Mr. President, today I Itano, Aina Haina Elementary School; leader in the art and science of teach- wish to congratulate three Kentucky Inga Kelly, Moanalua High School; ing. Research has shown time and organizations: Pendleton County Edu- Cristy Kessler, Education Lab School; again that students in classrooms with cation Foundation in Falmouth; Jill Laboy, Kailua High School; Sallie National Board Certified Teachers do Healthy Schools Inc. in Louisville; and Lee, Lanakila Elementary School; better on assessments than do students Paducah Park Services. These three or- David Mecham, Waimea High School; in classrooms not staffed with nation- ganizations have recently been named Melinda O’Herron, Konawaena Middle ally certified teachers. It is the only Champions for Healthy Kids winners. School; Carolyn Okunaga, Mililani nationally based teacher evaluation Champions for Healthy Kids is a High School; Dianne Pang, Aliiolani and certification program to success- long-term grants program designed to Elementary School; Margaret fully undergo a scientifically based set instill good nutrition and fitness habits Prevenas, Kalama Intermediate of evaluations and to have shown im- among our youth. The program calls on School; Helie Rock, Keaau High proved results for students. I am very community groups to champion the School; Julie Shirai, Pearl Ridge Ele- proud to honor these newly recognized health of our young people by devel- mentary School; Amber Strong, Kailua teachers. oping innovative fitness and nutrition High School; Marla Thompson, At a time when the country is work- programs that can have a lifelong im- Waianae High School; Patricia Uehara, ing to improve education, when the No pact. Kealakehe Elementary School; Mark Child Left Behind Act is demanding a I congratulate Pendleton County Watanabe, Keaau High School; Jennifer highly qualified teacher in every class- Education Foundation, Healthy Williams, Roosevelt High School; and room, where schools, districts and Schools Inc., and Paducah Park Serv- Ms Zami-Perez, Waialua Elementary states are required to make adequate ices for their achievements. Everyone School. yearly progress, where students are in- involved in these organizations are an I offer my heartfelt congratulations creasingly required to demonstrate inspiration to the citizens of Kentucky. to them all. They have worked very achievement as measured by high I look forward to all that these organi- hard to earn the designation, National stakes testing in order to graduate zations accomplish in the future.∑ Board Certified Teacher. from high school, where districts and f The National Board for Professional states are working to find, hire and re- HONORING IBM’S 50TH Teaching Standards, the organization tain professionals in this very difficult ANNIVERSARY that confers this designation, is a field, and where research has shown the teacher-led association, which grants knowledge and ability of the classroom ∑ Mr. COLEMAN. Mr. President, I ask national certification to a teacher only teacher is the most important factor the Senate to join me today in hon- after a very rigorous and comprehen- affecting the learning of the students, I oring the 50 years of public contribu- sive process. It requires the prepara- am proud to say to these newly cer- tion by an innovative technology com- tion of a portfolio featuring actual tified teachers ‘‘Well Done’’ and pany started in Rochester, MN, in 1956. videotaped classroom lessons, includ- ‘‘Mahalo Nui Loa.’’∑ International Business Machines, more ing a written analysis of the lesson, f commonly known internationally as lesson plans and student work samples. IBM, has made economic growth pos- The teacher must also submit written RECOGNIZING COMMANDER sible in a competitive and continually discussion, analysis, and reflective ROBERT H. PACKARD changing marketplace. commentaries concerning curriculum ∑ Mr. ALLEN. Mr. President, I am In 1956, when IBM President Thomas and practices used in the classroom. A pleased today to recognize Commander Watson, Jr., met with 40 Rochester third component of the portfolio in- Robert H. Packard, of Charlottesville, business and civic leaders at the Kahler cludes records of activities benefiting VA, who has served honorably in the Hotel to establish a new IBM facility, the larger school community, including U.S. Navy for 40 years. they probably never envisioned that

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7413 Rochester would become home to the late to other cultures. Through their H.R. 4411. An act to prevent the use of cer- world’s fastest computer named ‘‘Blue Sister City Partnership, residents and tain payment instruments, credit cards, and Gene’’ that would be able to perform officials of the cities of Saginaw and fund transfers for unlawful Internet gam- 18.2 trillion operations per second. Tokushima now have a deeper and bling, and for other purposes. They probably could not have dreamed more personal appreciation for the tra- that 50 years later IBM would become ditions of both the United States and f Minnesota’s largest information firm, Japan. I know my colleagues join me in with 5,600 employees in the Rochester congratulating Saginaw and EXECUTIVE AND OTHER and Twin Cities areas. And they prob- Tokushima on the 45 years of cultural COMMUNICATIONS ably could not have imagined that the exchange, and I wish them the best as The following communications were plant they were planning would ac- this relationship continues to develop laid before the Senate, together with count for 15 percent of Minnesota’s further.∑ accompanying papers, reports, and doc- high-tech manufactured exports, in a f uments, and were referred as indicated: State that continues to lead the field MESSAGES FROM THE PRESIDENT EC–7458. A communication from the Assist- in technology. ant Secretary, Transportation Security Ad- IBM has spent 50 years growing into Messages from the President of the ministration, Department of Homeland Se- a world wide corporation which con- United States were communicated to curity, transmitting, pursuant to law, the re- tributes to our economy at an astound- the Senate by Ms. Evans, one of his port of the Administration’s intent to award ing level. In 2005, IBM earned more U.S. secretaries. a contract to McNeil Security, Inc. for patents than any other company for f screening services at Greater Rochester the 13th consecutive year, with 2,941 in International Airport in Rochester, New EXECUTIVE MESSAGES REFERRED York; to the Committee on Commerce, 2005. IBM ensures that our Nation stays Science, and Transportation. competitive in the global economy. As in executive session the Presiding Officer laid before the Senate messages EC–7459. A communication from the Assist- Rochester has helped lead that wave of ant Administrator, Office of Legislative Af- innovation. from the President of the United fairs, National Aeronautics and Space Ad- IBM and its employees and retirees States submitting sundry nominations ministration, transmitting, pursuant to law, have also been generous supporters of which were referred to the appropriate the Administration’s category rating system education and nonprofit organizations. committees. annual report; to the Committee on Com- Through cash and technology grants of (The nominations received today are merce, Science, and Transportation. $3.4 million and more than 185,000 hours printed at the end of the Senate pro- EC–7460. A communication from the Attor- ceedings.) ney Advisor, Department of Transportation, of volunteerism in 2005 alone, they transmitting, pursuant to law, (5) reports have been a great benefit to Min- f relative to vacancy announcements within nesota’s communities and schools. MESSAGE FROM THE HOUSE the Department, received on July 6, 2006; to With the people of Minnesota, I ask the Committee on Commerce, Science, and this Chamber to join in celebrating At 4:14 p.m., a message from the Transportation. IBM’s 50th year of operation in Roch- House of Representatives, delivered by EC–7461. A communication from the Dep- ester, MN.∑ Ms. Niland, one of its reading clerks, uty Assistant Secretary for Export Adminis- announced that the House has passed tration, Bureau of Industry and Security, f the following bill and joint resolution, Department of Commerce, transmitting, pur- CONGRATULATIONS TO SISTER in which it requests the concurrence of suant to law, the report of a rule entitled CITIES the Senate: ‘‘Implementation of Unilateral Chemical/Bi- ∑ ological (CB) Controls on Certain Biological Mr. LEVIN. Mr. President, I would H.R. 4411. An act to prevent the use of cer- Agents and Toxins; Clarification of Controls like to take this opportunity to contain payment instruments, credit cards, and on Medical Products Containing Certain gratulate the cities of Saginaw, MI, fund transfers for unlawful Internet gam- Toxins on the Australia Group (AG) Common and Tokushima, Japan, on the 45th an- bling, and for other purposes. Control Lists; Additions to the List of States H.J. Res. 86. Joint resolution approving the niversary of their sister city partner- Parties to the Chemical Weapons Convention renewal of import restrictions contained in (CWC)’’ (RIN0694–AD62) received on July 6, ship. This is a significant milestone, the Burmese Freedom and Democracy Act of and I am delighted to recognize these 2006; to the Committee on Commerce, 2003, and for other purposes. Science, and Transportation. two cities for their many years of dia- The message also announced that the EC–7462. A communication from the Dep- log and exchange. House has passed the following joint uty Assistant Secretary for Export Adminis- In 1961, Saginaw and Tokushima es- resolution, without amendment: tration, Bureau of Industry and Security, tablished a relationship that sought to Department of Commerce, transmitting, pur- S.J. Res. 40. A resolution authorizing the promote cultural awareness between suant to law, the report of a rule entitled printing and binding of a supplement to, and ‘‘Authorization to Appoint Any Commerce the cities. Since that time, there has revised edition of, Senate Procedure. been significant interaction between Department Employee to be Appeals Coordi- The message further announced that the two cities, including student nator in Certain Administrative Appeals’’ the bill from the Senate (S. 655) to groups and other delegations traveling (RIN0694–AD78) received on July 6, 2006; to amend the Public Health Service Act the Committee on Commerce, Science, and between the cities for cultural, edu- with respect to the National Founda- Transportation. cational and other purposes, as well as tion for the Centers for Disease Control EC–7463. A communication from the Acting the exchange of gifts. and Prevention passed with an amend- Deputy Assistant Administrator for Regu- In 1971, the Tokushima-Saginaw latory Programs, Office of Sustainable Fish- ment, in which it requests the concur- Friendship Garden was built in Sagi- eries, National Oceanic and Atmospheric Ad- naw, and the land adjacent to the gar- rence of the Senate. ministration, Department of Commerce, den was subsequently deeded to the f transmitting, pursuant to law, the report of city of Tokushima. In 1985, a tea house a rule entitled ‘‘Fisheries in the Western Pa- MEASURES PLACED ON THE cific; Final Rule; Correcting Amendment’’ was also built in Saginaw. Contractors CALENDAR (RIN0648–AU21) received on July 6, 2006; to and laborers from both cities were in- The following bill was read the sec- the Committee on Commerce, Science, and strumental in its construction of the ond time, and placed on the calendar: Transportation. tea house and the labor costs were EC–7464. A communication from the Acting S. 3637. A bill to require the submittal to equally borne by both Saginaw and Deputy Assistant Administrator for Regu- Congress of any Presidential Daily Briefing latory Programs, Office of Sustainable Fish- Tokushima. Upon its completion, the relating to Iraq during the period beginning eries, National Oceanic and Atmospheric Ad- tea house became one of only 11 in the on January 20, 1997, and ending on March 19, ministration, Department of Commerce, United States, and the only authentic 2003. transmitting, pursuant to law, the report of tea house in the Midwest. f a rule entitled ‘‘Framework Adjustment 18 Promoting dialog and interaction be- MEASURES READ THE FIRST TIME to the Atlantic Sea Scallop Fishery Manage- tween cities in the United States and ment Plan’’ (RIN0648–AT25) received on July other countries is a great way for com- The following bill was read the first 6, 2006; to the Committee on Commerce, munities to learn, understand and re- time: Science, and Transportation.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7414 CONGRESSIONAL RECORD — SENATE July 12, 2006 EC–7465. A communication from the Acting EC–7472. A communication from the Acting EC–7481. A communication from the Ad- Deputy Assistant Administrator for Regu- Director, Office of Sustainable Fisheries, Na- ministrator, Office of Foreign Labor Certifi- latory Programs, Office of Sustainable Fish- tional Oceanic and Atmospheric Administra- cation, Department of Labor, transmitting, eries, National Oceanic and Atmospheric Ad- tion, Department of Commerce, transmit- pursuant to law, the report of a rule entitled ministration, Department of Commerce, ting, pursuant to law, the report of a rule en- ‘‘Labor Condition Applications and Require- transmitting, pursuant to law, the report of titled ‘‘Fisheries of the Exclusive Economic ments for Employers Using Nonimmigrants a rule entitled ‘‘Fisheries of the Exclusive Zone Off Alaska; Shallow-Water Species on H–1B Visas in Specialty Occupations and Economic Zone Off Alaska; Allocating Ber- Fishery by Vessels Using Trawl Gear in the as Fashion Models; Labor Attestations Re- ing Sea and Aleutian Islands King and Tan- Gulf of Alaska’’ (I.D.# 060806A) received on garding H–1B1 Visas’’ (RIN1205–AB38) re- ner Crab Fishery Resources’’ (RIN0648–AU06) July 6, 2006; to the Committee on Commerce, ceived on July 6, 2006; to the Committee on received on July 6, 2006; to the Committee on Science, and Transportation. Health, Education, Labor, and Pensions. Commerce, Science, and Transportation. EC–7473. A communication from the Acting EC–7482. A communication from the Sec- EC–7466. A communication from the Dep- Director, Office of Sustainable Fisheries, Na- retary of the Treasury, transmitting, pursu- uty Assistant Administrator for Regulatory tional Oceanic and Atmospheric Administra- ant to law, the six-month periodic report on Programs, Office of Sustainable Fisheries, tion, Department of Commerce, transmit- the national emergency with respect to Libe- National Oceanic and Atmospheric Adminis- ting, pursuant to law, the report of a rule en- ria that was declared in Executive Order tration, Department of Commerce, transmit- titled ‘‘Fisheries Off West Coast States and 13348 of July 22, 2004; to the Committee on ting, pursuant to law, the report of a rule en- in the Western Pacific; Pacific Coast Banking, Housing, and Urban Affairs. titled ‘‘Fisheries of the Exclusive Economic Groundfish Fishery; End of the Pacific Whit- EC–7483. A communication from the Chair- Zone Off Alaska; Seasonal Closure of ing Primary Season for the Shore-based Sec- man and President (Acting) of the Export- Chiniak Gully in the Gulf of Alaska to Trawl tor and the Resumption of Trip Limits’’ Import Bank of the United States, transmit- Fishing’’ (RIN0648–AU15) received on July 6, (I.D.# 101805C) received on July 6, 2006; to the ting, pursuant to law, a report relative to 2006; to the Committee on Commerce, Committee on Commerce, Science, and transactions involving U.S. exports to Thai- Science, and Transportation. Transportation. land; to the Committee on Banking, Hous- EC–7467. A communication from the Assist- EC–7474. A communication from the Acting ing, and Urban Affairs. ant Administrator for Fisheries, National Director, Office of Sustainable Fisheries, Na- EC–7484. A communication from the Chair- Marine Fisheries Service, National Oceanic tional Oceanic and Atmospheric Administra- man and President (Acting) of the Export- and Atmospheric Administration, Depart- tion, Department of Commerce, transmit- Import Bank of the United States, transmit- ment of Commerce, transmitting, pursuant ting, pursuant to law, the report of a rule en- ting, pursuant to law, a report relative to a to law, the report of a rule entitled ‘‘Final titled ‘‘Fisheries of the Exclusive Economic transaction involving U.S. exports to An- Rule to Implement the Bottlenose Dolphin Zone Off Alaska; Yellowfin Sole by Vessels gola; to the Committee on Banking, Housing, and Urban Affairs. Take Reduction Plan and Revise the Mid-At- Using Trawl Gear in the Bearing Sea and EC–7485. A communication from the Presi- lantic Large Mesh Gillnet Rule’’ (RIN0648– Aleutian Islands Management Area’’ (I.D.# AR39) received on July 6, 2006; to the Com- dent and Chief Executive Officer, Federal 060706C) received on July 6, 2006; to the Com- Home Loan Bank of Boston, transmitting, mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- tation. pursuant to law, the Bank’s statement on tation. the system of internal controls; to the Com- EC–7468. A communication from the Assist- EC–7475. A communication from the Chief, mittee on Banking, Housing, and Urban Af- ant Administrator for Fisheries, National Regulations and Administrative Law, United Marine Fisheries Service, National Oceanic fairs. States Coast Guard, Department of Home- EC–7486. A communication from the Assist- and Atmospheric Administration, Depart- land Security, transmitting, pursuant to ant Chief Counsel (Employee Benefits), In- ment of Commerce, transmitting, pursuant law, the report of a rule entitled ‘‘Security ternal Revenue Service, Department of the to law, the report of a rule entitled ‘‘Atlan- Zone; Severn River and College Creek, An- Treasury, transmitting, pursuant to law, the tic Highly Migratory Species; Atlantic napolis, Maryland’’ (RIN1625–AA87) received report of a rule entitled ‘‘Interim Guidance Bluefin Tuna Quota Specifications and Ef- on July 6, 2006; to the Committee on Com- on the Application of Section 409A to Accel- fort Controls’’ ((RIN0648–AT72)(I.D.# merce, Science, and Transportation. erated Payments to Satisfy Federal Conflict 020206C)) received on July 6, 2006; to the Com- EC–7476. A communication from the Chief, of Interest Requirements’’ (Notice 2006–64) mittee on Commerce, Science, and Transpor- Regulations and Administrative Law, United received on July 6, 2006; to the Committee on tation. States Coast Guard, Department of Home- Finance. EC–7469. A communication from the Assist- land Security, transmitting, pursuant to EC–7487. A communication from the Assist- ant Administrator for Fisheries, National law, the report of a rule entitled ‘‘Safety ant Chief Counsel (Employee Benefits), In- Marine Fisheries Service, National Oceanic Zone (19 Regulations)’’ (RIN1625–AA00) re- ternal Revenue Service, Department of the and Atmospheric Administration, Depart- ceived on July 6, 2006; to the Committee on Treasury, transmitting, pursuant to law, the ment of Commerce, transmitting, pursuant Commerce, Science, and Transportation. report of a rule entitled ‘‘Industry Issue Res- to law, the report of a rule entitled ‘‘Fish- EC–7477. A communication from the Chief, olution Regarding the Work Opportunity and eries of the Caribbean, Gulf of Mexico, and Regulations and Administrative Law, United Welfare-to-Work Tax Credits’’ (Announce- South Atlantic; Coastal Migratory Pelagic States Coast Guard, Department of Home- ment 2006–49) received on July 6, 2006; to the Resources of the Gulf of Mexico and South land Security, transmitting, pursuant to Committee on Finance. Atlantic; Reef Fish Fishery of the Gulf of law, the report of a rule entitled ‘‘Draw- EC–7488. A communication from the Assist- Mexico; Limited Access Program for Gulf bridge Operations (including 3 regulations): ant Chief Counsel (Employee Benefits), In- Charter Vessels and Headboats’’ (I.D.# [CGD07–06–074], [CGD07–06–073], [CGD05–06– ternal Revenue Service, Department of the 021306C) received on July 6, 2006; to the Com- 047]’’ (RIN1625–AA09) received on July 6, 2006; Treasury, transmitting, pursuant to law, the mittee on Commerce, Science, and Transpor- to the Committee on Commerce, Science, report of a rule entitled ‘‘Calculation of the tation. and Transportation. Amount Involved on Elective Deferrals’’ EC–7470. A communication from the Acting EC–7478. A communication from the Assist- (Rev. Rul. 2006–38) received on July 6, 2006; to Director, Office of Sustainable Fisheries, Na- ant Attorney General, Office of Legislative the Committee on Finance. tional Oceanic and Atmospheric Administra- Affairs, Department of Justice, transmit- EC–7489. A communication from the Regu- tion, Department of Commerce, transmitting, the report of a draft bill to amend title lations Coordinator, Centers for Medicare ting, pursuant to law, the report of a rule en- 38, United States Code, to limit the prices of and Medicaid Services, Department of titled ‘‘Fisheries of the Exclusive Economic pharmaceuticals procured by the Federal Bu- Health and Human Services, transmitting, Zone Off Alaska; Pacific Cod by Catcher Ves- reau of Prisons; to the Committee on the Ju- pursuant to law, the report of a rule entitled sels Less Than 60 Feet (18.3 Meters) Length diciary. ‘‘Medicare Program; Revision of the Dead- Overall Using Pot or Hook-and-Line Gear in EC–7479. A communication from the Con- line for Submission of Emergency Graduate the Bering Sea and Aleutian Islands Manage- gressional Review Coordinator, Animal and Medical Education Affiliation Agreements’’ ment Area’’ (I.D.# 052206A) received on June Plant Health Inspection Service, Department (RIN0938–AO35) received on July 6, 2006; to 6, 2006; to the Committee on Commerce, of Agriculture, transmitting, pursuant to the Committee on Finance. Science, and Transportation. law, the report of a rule entitled ‘‘Add Den- EC–7490. A communication from the Acting EC–7471. A communication from the Acting mark to the List of Regions Free of Exotic Assistant Secretary for Fish and Wildlife and Director, Office of Sustainable Fisheries, Na- Newcastle Disease’’ (Doc. No. 02–089–3) re- Parks, Department of the Interior, transmit- tional Oceanic and Atmospheric Administra- ceived on July 6, 2006; to the Committee on ting, the report of a draft bill entitled ‘‘Mar- tion, Department of Commerce, transmit- Agriculture, Nutrition, and Forestry. tin Luther King, Jr. National Historical ting, pursuant to law, the report of a rule en- EC–7480. A communication from the Direc- Park Designation Act’’; to the Committee on titled ‘‘Fisheries of the Exclusive Economic tor, Regulatory Review Group, Department Energy and Natural Resources. Zone Off Alaska; Pacific Cod by Vessels of Agriculture, transmitting, pursuant to EC–7491. A communication from the Assist- Using Trawl Gear in the Bearing Sea and law, the report of a rule entitled ‘‘Standards ant Secretary, Legislative Affairs, Depart- Aleutian Islands Management Area’’ (I.D.# for Approval of Warehouses for Storage of ment of State, transmitting, pursuant to 060706B) received on July 6, 2006; to the Com- CCC Commodities’’ (RIN0560–AE50) received law, the 2005 Annual Report to the Congress mittee on Commerce, Science, and Transpor- on July 6, 2006; to the Committee on Agri- on United Nations Peacekeeping; to the tation. culture, Nutrition, and Forestry. Committee on Foreign Relations.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7415 EC–7492. A communication from the Assist- taining less than 85 percent by weight of cot- and support for the families of the deceased ant Secretary for Legislative Affairs, De- ton, mixed mainly or solely with man-made victims and wounded as well as steadfast partment of State, transmitting, pursuant to fibers, weighing not more than 200 g/m2; to support to the Government of India as it law, a report consistent with the Authoriza- the Committee on Finance. seeks to reassure and protect the people of tion for Use of Military Force Against Iraq By Mr. SCHUMER (for himself and India and to bring the perpetrators of this Resolution of 1002 (P.L. 107–243) and the Au- Mrs. CLINTON): despicable act of terrorism to justice; consid- thorization for the Use of Force Against Iraq S. 3644. A bill to suspend temporarily the ered and agreed to. Resolution (P.L. 102–1) for the April 15, 2006 duty on weft pile fabrics of cotton, other By Mr. LOTT: through June 15, 2006 reporting period; to the than uncut weft pile fabrics or cut corduroy; S. Con. Res. 108. A concurrent resolution Committee on Foreign Relations. to the Committee on Finance. authorizing the printing of a revised edition f By Mr. SCHUMER (for himself and of a pocket version of the United States Con- Mrs. CLINTON): stitution and other publications; considered REPORTS OF COMMITTEES S. 3645. A bill to suspend temporarily the and agreed to. duty on certain artificial filament single The following reports of committees f were submitted: yarn (other than sewing thread); to the Com- mittee on Finance. By Mr. GRASSLEY, from the Committee By Mrs. FEINSTEIN: ADDITIONAL COSPONSORS on Finance: S. 3646. A bill to authorize the Secretary of S. 8 Report to accompany S. 3524, An original the Interior to create a bureau of Reclama- bill to amend titles XVIII, XIX, and XXI of At the request of Mr. ENSIGN, the tion partnership with the North Bay Water name of the Senator from Tennessee the Social Security Act to improve health Reuse Authority and other regional partners care provided to Indians under the Medicare, to achieve objectives relating to water sup- (Mr. ALEXANDER) was added as a co- Medicaid, and State Children’s Health Insur- ply, water quality, and environmental res- sponsor of S. 8, a bill to amend title 18, ance Programs, and for other purposes (Rept. toration; to the Committee on Energy and United States Code, to prohibit taking No. 109–278). Natural Resources. minors across State lines in cir- By Mr. INHOFE, from the Committee on By Mr. DORGAN (for himself, Mr. Environment and Public Works, without cumvention of laws requiring the in- BINGAMAN, Ms. STABENOW, Mr. LAU- amendment: volvement of parents in abortion deci- TENBERG, Mr. JOHNSON, Ms. MIKULSKI, S. 2832. A bill to reauthorize and improve sions. Mrs. CLINTON, Mr. MENENDEZ, and Mr. the program authorized by the Appalachian S. 267 AKAKA): Regional Development Act of 1965 (Rept. No. S. 3647. A bill to amend title XVIII of the At the request of Mr. CRAIG, the 109–279). Social Security Act to waive the monthly name of the Senator from Mississippi f beneficiary premium under a prescription (Mr. COCHRAN) was added as a cospon- EXECUTIVE REPORT OF COMMITTEE drug plan or an MA-PD plan during months sor of S. 267, a bill to reauthorize the The following executive report of a in which an individual enrolled in such a Secure Rural Schools and Community nomination was submitted: plan has a gap in prescription drug coverage; Self-Determination Act of 2000, and for to the Committee on Finance. By Mr. DOMENICI for the Committee on By Mr. DOMENICI (for himself and Mr. other purposes. Energy and Natural Resources. BINGAMAN): S. 342 * Marc Spitzer, of Arizona, to be a Member S. 3648. A bill to compromise and settle all of the Federal Energy Regulatory Commis- At the request of Mr. MCCAIN, the claims in the case of Pueblo of Isleta v. sion for the term expiring June 30, 2011. name of the Senator from New York United States, to restore, improve, and de- * Nomination was reported with rec- (Mrs. CLINTON) was added as a cospon- velop the valuable on-reservation land and sor of S. 342, a bill to provide for a pro- ommendation that it be confirmed sub- natural resources of the Pueblo, and for ject to the nominee’s commitment to other purposes; to the Committee on Indian gram of scientific research on abrupt respond to requests to appear and tes- Affairs. climate change, to accelerate the re- tify before any duly constituted com- By Mr. ALLEN: duction of greenhouse gas emissions in mittee of the Senate. S. 3649. A bill to expedite the consideration the United States by establishing a of permits for refineries, and for other pur- market-driven system of greenhouse f poses; to the Committee on Energy and Nat- gas tradeable allowances, to limit INTRODUCTION OF BILLS AND ural Resources. greenhouse gas emissions in the United JOINT RESOLUTIONS By Mr. BINGAMAN (for himself, Mr. States and reduce dependence upon for- LAUTENBERG, Mr. MENENDEZ, Mr. The following bills and joint resolu- DORGAN, Mr. KENNEDY, Ms. STABE- eign oil, and ensure benefits to con- tions were introduced, read the first NOW, Mr. DAYTON, Mr. JOHNSON, Mrs. sumers from the trading in such allow- and second times by unanimous con- CLINTON, and Mr. AKAKA): ances. sent, and referred as indicated: S. 3650. A bill to include costs incurred by S. 403 the Indian Health Service, a Federally quali- By Ms. MURKOWSKI (for herself and At the request of Mr. ENSIGN, the fied health center, an AIDS drug assistance Mrs. FEINSTEIN): name of the Senator from Tennessee program, certain hospitals, or a pharma- S. 3639. A bill to amend the Reclamation (Mr. ALEXANDER) was added as a co- Wastewater and Groundwater Study and Fa- ceutical manufacturer patient assistance program in providing prescription drugs to- sponsor of S. 403, a bill to amend title cilities Act to provide standards and proce- 18, United States Code, to prohibit tak- dures for the review of water reclamation ward the annual out of pocket threshold and reuse projects; to the Committee on En- under part D of title XVIII of the Social Se- ing minors across State lines in cir- ergy and Natural Resources. curity Act and to provide a safe harbor for cumvention of laws requiring the in- By Mr. SCHUMER (for himself and assistance provided under a pharmaceutical volvement of parents in abortion deci- manufacturer patient assistance program; to Mrs. CLINTON): sions. the Committee on Finance. S. 3640. A bill to require the United States S. 424 Court of International Trade to consider cer- f At the request of Mr. BOND, the name tain civil actions that were delayed because of the terrorist attacks of September 11, 2001; SUBMISSION OF CONCURRENT AND of the Senator from Arkansas (Mr. to the Committee on Finance. SENATE RESOLUTIONS PRYOR) was added as a cosponsor of S. By Mr. SCHUMER (for himself and The following concurrent resolutions 424, a bill to amend the Public Health Mrs. CLINTON): Service Act to provide for arthritis re- S. 3641. A bill to suspend temporarily the and Senate resolutions were read, and referred (or acted upon), as indicated: search and public health, and for other duty on certain woven fabrics of cotton, con- purposes. taining less than 85 percent by weight of cot- By Mr. LUGAR (for himself, Mr. BIDEN, S. 463 ton; to the Committee on Finance. Mr. FRIST, Mr. REID, Mr. COLEMAN, By Mr. SCHUMER (for himself and Mr. FEINGOLD, Mr. VOINOVICH, Mr. At the request of Ms. SNOWE, the Mrs. CLINTON): ALLEN, Mr. ALEXANDER, Mr. HAGEL, name of the Senator from Maine (Ms. S. 3642. A bill to suspend temporarily the Mr. OBAMA, Mrs. DOLE, Mr. CORNYN, COLLINS) was added as a cosponsor of S. duty on knitted or crocheted fabrics of cot- Ms. COLLINS, Mr. CHAFEE, Mrs. 463, a bill to deauthorize the project for ton, printed; to the Committee on Finance. BOXER, Mrs. CLINTON, Mr. SARBANES, navigation, Northeast Harbor, Maine. By Mr. SCHUMER (for himself and Mr. BROWNBACK, and Mr. SUNUNU): S. 537 Mrs. CLINTON): S. Res. 527. A resolution condemning in the S. 3643. A bill to suspend temporarily the strongest terms the July 11, 2006, terrorist At the request of Mr. BINGAMAN, the duty on certain woven fabrics of cotton, con- attacks in India and expressing sympathy name of the Senator from New Jersey

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7416 CONGRESSIONAL RECORD — SENATE July 12, 2006 (Mr. MENENDEZ) was added as a cospon- amend the Public Health Service Act Colorado (Mr. SALAZAR) were added as sor of S. 537, a bill to increase the num- to advance medical research and treat- cosponsors of S. 3519, a bill to reform ber of well-trained mental health serv- ments into pediatric cancers, ensure the State inspection of meat and poul- ice professionals (including those based patients and families have access to try in the United States, and for other in schools) providing clinical mental the current treatments and informa- purposes. health care to children and adoles- tion regarding pediatric cancers, estab- S. 3606 cents, and for other purposes. lish a population-based national child- At the request of Mr. BINGAMAN, the hood cancer database, and promote S. 843 name of the Senator from Louisiana public awareness of pediatric cancers. At the request of Mr. SANTORUM, the (Ms. LANDRIEU) was added as a cospon- name of the Senator from Texas (Mrs. S. 2409 sor of S. 3606, a bill to amend title HUTCHISON) was added as a cosponsor of At the request of Mr. SMITH, the XVIII of the Social Security Act to S. 843, a bill to amend the Public name of the Senator from Missouri provide fair payments for care provided Health Service Act to combat autism (Mr. TALENT) was added as a cosponsor in a hospital emergency department. through research, screening, interven- of S. 2409, a bill to amend title XVIII of tion and education. the Social Security Act to reduce cost- S. 3617 S. 1537 sharing under part D of such title for At the request of Mr. INHOFE, the name of the Senator from Alaska (Mr. At the request of Mr. AKAKA, the certain non-institutionalized full-ben- name of the Senator from South Da- efit dual eligible individuals. STEVENS) was added as a cosponsor of S. 3617, a bill to reauthorize the North kota (Mr. JOHNSON) was added as a co- S. 2465 American Wetlands Conservation Act. sponsor of S. 1537, a bill to amend title At the request of Mrs. BOXER, the 38, United States Code, to provide for name of the Senator from Washington S. CON. RES. 71 the establishment of Parkinson’s Dis- (Ms. CANTWELL) was added as a cospon- At the request of Mr. AKAKA, the ease Research Education and Clinical sor of S. 2465, a bill to amend the For- name of the Senator from Alaska (Mr. Centers in the Veterans Health Admin- eign Assistance Act of 1961 to provide STEVENS) was added as a cosponsor of istration of the Department of Vet- increased assistance for the prevention, S. Con. Res. 71, a concurrent resolution erans Affairs and Multiple Sclerosis treatment, and control of tuberculosis, expressing the sense of Congress that Centers of Excellence. and for other purposes. States should require candidates for S. 1862 S. 2484 driver’s licenses to demonstrate an At the request of Mr. SMITH, the At the request of Mr. OBAMA, the ability to exercise greatly increased names of the Senator from Vermont name of the Senator from Colorado caution when driving in the proximity (Mr. JEFFORDS) and the Senator from (Mr. SALAZAR) was added as a cospon- of a potentially visually impaired indi- Colorado (Mr. SALAZAR) were added as sor of S. 2484, a bill to amend the Inter- vidual. cosponsors of S. 1862, a bill to establish nal Revenue Code of 1986 to prohibit S. CON. RES. 96 a joint energy cooperation program the disclosure of tax return informa- At the request of Mr. BROWNBACK, the tion by tax return preparers to third within the Department of Energy to names of the Senator from Nevada (Mr. fund eligible ventures between United parties. ENSIGN) and the Senator from Georgia States and Israeli businesses and aca- S. 2563 (Mr. ISAKSON) were added as cosponsors demic persons in the national interest, At the request of Mr. COCHRAN, the of S. Con. Res. 96, a concurrent resolu- and for other purposes. name of the Senator from Kansas (Mr. tion to commemorate, celebrate, and S. 1915 BROWNBACK) was added as a cosponsor reaffirm the national motto of the At the request of Mr. ENSIGN, the of S. 2563, a bill to amend title XVIII of United States on the 50th anniversary name of the Senator from New Jersey the Social Security Act to require of its formal adoption. (Mr. LAUTENBERG) was added as a co- prompt payment to pharmacies under S. CON. RES. 97 sponsor of S. 1915, a bill to amend the part D, to restrict pharmacy co-brand- Horse Protection Act to prohibit the ing on prescription drug cards issued At the request of Mr. GRASSLEY, the shipping, transporting, moving, deliv- under such part, and to provide guide- names of the Senator from Mississippi ering, receiving, possessing, pur- lines for Medication Therapy Manage- (Mr. COCHRAN), the Senator from New chasing, selling, or donation of horses ment Services programs offered by pre- York (Mrs. CLINTON) and the Senator and other equines to be slaughtered for scription drug plans and MA–PD plans from Oregon (Mr. WYDEN) were added human consumption, and for other pur- under such part. as cosponsors of S. Con. Res. 97, a con- poses. S. 2590 current resolution expressing the sense of Congress that it is the goal of the S. 1934 At the request of Mr. COBURN, the name of the Senator from South Caro- United States that, not later than Jan- At the request of Mr. SPECTER, the uary 1, 2025, the agricultural, forestry, name of the Senator from Mississippi lina (Mr. DEMINT) was added as a cosponsor of S. 2590, a bill to require full and working land of the United States (Mr. COCHRAN) was added as a cospon- should provide from renewable re- sor of S. 1934, a bill to reauthorize the disclosure of all entities and organizations receiving Federal funds. sources not less than 25 percent of the grant program of the Department of total energy consumed in the United S. 2661 Justice for reentry of offenders into States and continue to produce safe, the community, to establish a task At the request of Mr. MARTINEZ, the abundant, and affordable food, feed, force on Federal programs and activi- name of the Senator from Utah (Mr. and fiber. ties relating to the reentry of offenders HATCH) was added as a cosponsor of S. into the community, and for other pur- 2661, a bill to provide for a plebiscite in S. RES. 33 poses. Puerto Rico on the status of the terri- At the request of Mr. LEVIN, the S. 2155 tory. name of the Senator from New Jersey At the request of Mr. KERRY, the S. 3496 (Mr. MENENDEZ) was added as a cospon- name of the Senator from Vermont At the request of Mr. DEMINT, the sor of S. Res. 33, a resolution urging (Mr. LEAHY) was added as a cosponsor name of the Senator from Nebraska the Government of Canada to end the of S. 2155, a bill to provide meaningful (Mr. HAGEL) was added as a cosponsor commercial seal hunt. civil remedies for victims of the sexual of S. 3496, a bill to amend the Internal S. RES. 182 exploitation of children. Revenue Code of 1986 to eliminate the At the request of Mr. COLEMAN, the S. 2393 limitation on the foreign earned in- name of the Senator from South Da- At the request of Mr. COLEMAN, the come exclusion, and for other purposes. kota (Mr. JOHNSON) was added as a co- names of the Senator from New Jersey S. 3519 sponsor of S. Res. 182, a resolution sup- (Mr. MENENDEZ) and the Senator from At the request of Mr. HATCH, the porting efforts to increase childhood South Dakota (Mr. JOHNSON) were names of the Senator from Minnesota cancer awareness, treatment, and re- added as cosponsors of S. 2393, a bill to (Mr. DAYTON) and the Senator from search.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7417 S. RES. 331 partment of Defense, for military con- OBAMA), the Senator from Hawaii (Mr. At the request of Ms. LANDRIEU, the struction, and for defense activities of AKAKA), the Senator from California name of the Senator from South Da- the Department of Energy, to prescribe (Mrs. BOXER), the Senator from Mary- kota (Mr. JOHNSON) was added as a co- personnel strengths for such fiscal year land (Mr. SARBANES) and the Senator sponsor of S. Res. 331, a resolution ex- for the Armed Forces, and for other from Michigan (Ms. STABENOW) were pressing the sense of the Senate re- purposes. added as cosponsors of amendment No. garding fertility issues facing cancer AMENDMENT NO. 4550 4576 proposed to H.R. 5441, a bill mak- survivors. At the request of Mr. SPECTER, the ing appropriations for the Department S. RES. 500 names of the Senator from New York of Homeland Security for the fiscal At the request of Mr. BROWNBACK, the (Mrs. CLINTON) and the Senator from year ending September 30, 2007, and for names of the Senator from Pennsyl- Colorado (Mr. SALAZAR) were added as other purposes. vania (Mr. SANTORUM), the Senator cosponsors of amendment No. 4550 in- f from South Carolina (Mr. DEMINT), the tended to be proposed to H.R. 5441, a STATEMENTS ON INTRODUCED Senator from Illinois (Mr. DURBIN), the bill making appropriations for the De- BILLS AND JOINT RESOLUTIONS Senator from Colorado (Mr. ALLARD), partment of Homeland Security for the the Senator from Missouri (Mr. TAL- fiscal year ending September 30, 2007, By Ms. MURKOWSKI (for herself ENT), the Senator from Oklahoma (Mr. and for other purposes. and Mrs. FEINSTEIN): S. 3639. A bill to amend the Reclama- COBURN), the Senator from Vermont AMENDMENT NO. 4553 tion Wastewater and Groundwater (Mr. LEAHY) and the Senator from Ne- At the request of Mr. BIDEN, the Study and Facilities Act to provide braska (Mr. NELSON) were added as co- name of the Senator from New York standards and procedures for the re- sponsors of S. Res. 500, a resolution ex- (Mrs. CLINTON) was added as a cospon- view of water reclamation and reuse pressing the sense of Congress that the sor of amendment No. 4553 proposed to projects; to the Committee on Energy Russian Federation should fully pro- H.R. 5441, a bill making appropriations and Natural Resources. tect the freedoms of all religious com- for the Department of Homeland Secu- Ms. MURKOWSKI. Mr. President, munities without distinction, whether rity for the fiscal year ending Sep- today I join my colleague, from the registered or unregistered, as stipu- tember 30, 2007, and for other purposes. Committee on Energy and Natural Re- lated by the Russian Constitution and CHUMER At the request of Mr. S , his sources, Senator DIANNE FEINSTEIN of international standards. name was added as a cosponsor of California, in introducing the Reclaim- S. RES. 507 amendment No. 4553 proposed to H.R. ing the Nation’s Water Act—ReNew. At the request of Mr. BIDEN, the 5441, supra. We introduce this bill after months names of the Senator from New Hamp- At the request of Mr. MENENDEZ, his of review of the Nation’s program, now shire (Mr. GREGG) and the Senator name was added as a cosponsor of over a decade old, that attempts to en- from Montana (Mr. BAUCUS) were added amendment No. 4553 proposed to H.R. courage the reclamation and use of as cosponsors of S. Res. 507, a resolu- 5441, supra. water. The Bureau’s title XVI program tion designating the week of November AMENDMENT NO. 4554 originated in 1992 in response to the 5 through November 11, 2006, as ‘‘Na- At the request of Mr. SALAZAR, the Southwestern drought of the late 1980s tional Veterans Awareness Week’’ to name of the Senator from Michigan and early 1990s. At that time, Congress emphasize the need to develop edu- (Ms. STABENOW) was added as a cospon- authorized the program in an attempt cational programs regarding the con- sor of amendment No. 4554 proposed to to alleviate pressure on the Colorado tributions of veterans to the country. H.R. 5441, a bill making appropriations River system by augmenting existing At the request of Mr. ALLEN, his for the Department of Homeland Secu- supplies and developing new water name was added as a cosponsor of S. rity for the fiscal year ending Sep- sources. Res. 507, supra. tember 30, 2007, and for other purposes. Since then, Congress has authorized S. RES. 508 AMENDMENT NO. 4559 some 31 projects and appropriated At the request of Mr. LEAHY, his At the request of Mr. NELSON of Flor- about $325 million for the program. name was added as a cosponsor of S. ida, his name was added as a cosponsor During a February 28, 2006, hearing of Res. 508, a resolution designating Octo- of amendment No. 4559 proposed to the Senate Water and Power Sub- ber 20, 2006 as ‘‘National Mammog- H.R. 5441, a bill making appropriations committee, the Congressional Research raphy Day’’. for the Department of Homeland Secu- Service reported that only three of At the request of Mr. ALLEN, his rity for the fiscal year ending Sep- these projects have received full Fed- name was added as a cosponsor of S. tember 30, 2007, and for other purposes. eral funding and that 9 are listed as Res. 508, supra. At the request of Ms. LANDRIEU, her ‘‘inactive,’’ meaning they have re- At the request of Mr. BIDEN, the name was added as a cosponsor of ceived little or no Federal moneys. name of the Senator from Nebraska amendment No. 4559 proposed to H.R. This massive backlog, which the Bu- (Mr. NELSON) was added as a cosponsor 5441, supra. reau of Reclamation has estimated will take at least 15 years to resolve, has of S. Res. 508, supra. AMENDMENT NO. 4561 not stopped local communities from S. RES. 513 At the request of Mr. COBURN, the seeking additional aid under the pro- At the request of Mr. GRAHAM, the name of the Senator from Illinois (Mr. gram. There are bills pending in Con- names of the Senator from Colorado OBAMA) was added as a cosponsor of gress that would authorize an addi- (Mr. SALAZAR) and the Senator from amendment No. 4561 proposed to H.R. tional 19 projects—projects that will New York (Mr. SCHUMER) were added as 5441, a bill making appropriations for likely overwhelm the Bureau of Rec- the Department of Homeland Security cosponsors of S. Res. 513, a resolution lamation’s budget, if they were all to for the fiscal year ending September 30, expressing the sense of the Senate that be funded fully under the existing pro- 2007, and for other purposes. the President should designate the gram. week beginning September 10, 2006, as AMENDMENT NO. 4574 In an effort to clarify the Federal ‘‘National Historically Black Colleges At the request of Mr. COLEMAN, the role in developing new sources of water and Universities Week’’. name of the Senator from Washington and in an effort to help local Govern- AMENDMENT NO. 4352 (Ms. CANTWELL) was added as a cospon- ment receive a dependable and timely At the request of Mr. ENSIGN, the sor of amendment No. 4574 intended to supply of Federal assistance for truly names of the Senator from South Caro- be proposed to H.R. 5441, a bill making worthy water reuse projects, we intro- lina (Mr. GRAHAM), the Senator from appropriations for the Department of duce this legislation to clarify and Minnesota (Mr. COLEMAN) and the Sen- Homeland Security for the fiscal year make permanent title XVI water reuse/ ator from Idaho (Mr. CRAIG) were added ending September 30, 2007, and for reclamation/recycling grant assistance. as cosponsors of amendment No. 4352 other purposes. Briefly, the bill: proposed to S. 2766, an original bill to AMENDMENT NO. 4576 Amends the Reclamation and Waste- authorize appropriations for fiscal year At the request of Mrs. CLINTON, the water and Groundwater Study and Fa- 2007 for military activities of the De- names of the Senator from Illinois (Mr. cilities Act to provide standards and

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7418 CONGRESSIONAL RECORD — SENATE July 12, 2006 procedures for the review of water rec- of the House, and the administration to ‘‘(A) meets generally acceptable engineer- lamation and reuse projects. Under ex- perfect and move this bill through the ing, public health, and environmental stand- isting law, the title XVI program has process this year. I believe this bill will ards; and operated without defined terms or spe- provide valuable assistance to local ‘‘(B) has obtained or is expected to obtain cific purpose. This has led to confusion approval of all Federal, State, and local per- areas to increase the available supplies mits necessary for implementation of the in recent years whether the title XVI of potable water through the economic project.’’. program is primarily a demonstration reuse and reclamation of water sup- SEC. 3. GENERAL AUTHORITY. program or was intended to finance plies, while providing an affordable and Section 1603(a) of the Reclamation Waste- permanent reclamation and reuse fa- orderly process that will prove fairer to water and Groundwater Study and Facilities cilities. This legislation clarifies that local communities and help them to re- Act (as redesignated by section 2(2)), is the purpose of the title XVI program ceive federal assistance in a timely amended— will be: (1) to assist in the development manner. (1) by striking ‘‘The Secretary of the Inte- of permanent local and regional water I ask unanimous consent that a copy rior’’ and all that follows through ‘‘is di- reclamation and reuse projects; and (2) of the legislation be printed in the rected to’’ and inserting ‘‘The Secretary, acting pursuant to Federal reclamation laws, to further improve water reclamation RECORD. There being no objection, the text of shall’’; and reuse technologies through re- (2) by striking ‘‘investigate and identify’’ search and demonstration activities. the bill was ordered to be printed in and inserting ‘‘participate in’’; and The legislation also authorizes the the RECORD, as follows: (3) by striking ‘‘to conduct research, in- Secretary of Interior to participate in S. 3639 cluding desalting’’ and inserting ‘‘conduct opportunities for water reclamation Be it enacted by the Senate and House of Rep- research, including desalination’’. and reuse, including water recycling resentatives of the United States of America in SEC. 4. REVIEW OF PROPOSALS SUBMITTED BY and desalination activities in reclama- Congress assembled, NON-FEDERAL PROJECT SPONSORS. tion States. The legislation provides SECTION 1. SHORT TITLE. The Reclamation Wastewater and Ground- new authority for the Secretary of the This Act may be cited as the ‘‘Reclaiming water Study and Facilities Act (43 U.S.C. Interior to review non-Federal water the Nation’s Water Act’’. 390h et seq.) is amended by striking section reclamation and reuse project pro- SEC. 2. PURPOSE; DEFINITIONS. 1604 and inserting the following: The Reclamation Wastewater and Ground- ‘‘SEC. 1604. REVIEW OF PROPOSALS SUBMITTED posals, pursuant to new standards and water Study and Facilities Act (43 U.S.C. BY NON-FEDERAL PROJECT SPON- procedures for such review. New stand- 390h et seq.) is amended— SORS. ards would include providing sufficient (1) by striking section 1603; ‘‘(a) AUTHORITY TO REVIEW.—The Secretary evidence to the Secretary of Interior (2) by redesignating section 1602 as section shall review any project proposal under this that the project: (1) is technically via- 1603; and title that is— ble and (2) has a financially capable (3) by inserting after section 1601 the fol- ‘‘(1) developed by a non-Federal project project sponsor. The Secretary would lowing: sponsor— have 180 days to submit to Congress: (1) ‘‘SEC. 1602. PURPOSES; DEFINITIONS. ‘‘(A) independently; or ‘‘(B) with the assistance of the Department a statement and explanation of the ‘‘(a) PURPOSES.—The purposes of this title are— of the Interior or any other governmental or project’s technical and financial viabil- ‘‘(1) to assist in the development of perma- nongovernmental entity; and ity, and (2) a recommendation on nent local and regional water reclamation ‘‘(2) submitted or resubmitted to the Sec- whether the project should be author- and reuse projects in— retary by a non-Federal project sponsor, in- ized for construction based on several ‘‘(A) the States and areas referred to in the cluding a project proposal that has been pre- specific factors. Factors to be consid- first section of the Act of June 17, 1902 (43 viously reviewed for feasibility by the Sec- ered would range from items related to U.S.C. 391); and retary. project costs and benefits, to whether ‘‘(B) the State of Hawaii; and ‘‘(b) REQUIREMENTS.—In addition to com- the project would help serve an identi- ‘‘(2) to further improvements in water rec- plying with any requirements of other Fed- eral laws, a project proposal submitted by a fied Federal interest. The bill also in- lamation and reuse technologies through the conduct of— non-Federal project sponsor under this sec- cludes transition procedures. ‘‘(A) research; and tion shall— The bill as currently proposed also: ‘‘(B) demonstration activities in the States ‘‘(1) provide sufficient evidence, as deter- (1) Strikes existing provisions pro- and areas described in subparagraphs (A) and mined by the Secretary, to demonstrate that viding for appraisal investigations and (B) of paragraph (1). the project— replaces them in part with a new plan- ‘‘(b) DEFINITIONS.—In this title: ‘‘(A) is a technically viable project; and ning and assistance program—$4.4 mil- ‘‘(1) FINANCIALLY CAPABLE PROJECT SPON- ‘‘(B) has a financially capable project spon- lion authorized annually—for non-Fed- SOR.—The term ‘financially capable project sor; and eral project sponsors electing to seek sponsor’ means a non-Federal project spon- ‘‘(2) provide information on each of the fac- help in developing project proposals. sor that is capable of providing— tors described in subsection (d)(1)(B)(ii). (2) Strikes existing provisions pro- ‘‘(A) the non-Federal share of the project ‘‘(c) DETERMINATION OF FINANCIAL AND costs; and TECHNICAL VIABILITY.— viding for feasibility investigations ‘‘(B) 100 percent of the operations and ‘‘(1) IN GENERAL.—Not later than 30 days and replaces them with a new technical maintenance costs of the project. after the date on which a non-Federal and financial review process for evalu- ‘‘(2) NON-FEDERAL PROJECT SPONSOR.—The project sponsor submits a project proposal ating non-Federal sponsor project pro- term ‘non-Federal project sponsor’ means a (including any supporting documentation) posals. Deadlines are included for the State, regional, or local authority or other under subsection (a)(2), the Secretary shall technical and financial viability re- qualifying entity, such as a water conserva- provide to the non-Federal project sponsor views, and a process is established for tion district, water conservancy district, or written notice on whether the project pro- reporting and making recommenda- rural water district or association. posal includes sufficient information under ‘‘(3) FEDERAL RECLAMATION LAWS.—The paragraph (2) for the Secretary to determine tions to Congress on project proposals term ‘Federal reclamation laws’ means the whether the proposed project is a technically for funding. Act of June 17, 1902 (32 Stat. 388, chapter and financially viable project. (3) Clarifies that projects must be au- 1093), and Acts supplemental to and amend- ‘‘(2) CHECKLIST.—A project proposal shall thorized for construction by the Con- atory of that Act (43 U.S.C. 371 et seq.). include sufficient information for a deter- gress before funds may be expended by ‘‘(4) RECLAIM; RECLAMATION.—The terms mination under paragraph (1) if the proposal the Secretary of the Interior for ‘reclaim’ and ‘reclamation’ include recycling includes— project construction. and desalination. ‘‘(A) a map of the proposed project area (4) Limits the Federal cost-share for ‘‘(5) SECRETARY.—The term ‘Secretary’ and service area; projects to the lesser of 20 percent or means the Secretary of the Interior. ‘‘(B) a project description or plan, includ- $20 million of total project costs—the ‘‘(6) TECHNICALLY AND FINANCIALLY VIABLE ing engineering plans; current limit is 25 percent or $20 mil- PROJECT.—The term ‘technically and finan- ‘‘(C) the initial cost estimates for the cially viable project’ means a project that— project; lion—excluding operations and mainte- ‘‘(A) is a technically viable project; and ‘‘(D) a financial plan for the project; and nance costs. ‘‘(B) has a financially capable project spon- ‘‘(E) a report on the status of any Federal, (5) And makes numerous technical sor. State, and local permits that are necessary and conforming amendments. ‘‘(7) TECHNICALLY VIABLE PROJECT.—The to implement the project. Mr. President, I look forward to term ‘technically viable project’ means a ‘‘(3) DETERMINATION OF INSUFFICIENT INFOR- working with my colleagues, Members project that— MATION.—

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7419

‘‘(A) IN GENERAL.—If the Secretary deter- ‘‘(2) COSTS.—The non-Federal project spon- ‘‘(1) IN GENERAL.—The Federal share of the mines that there is insufficient information sor shall pay any costs associated with revis- total costs of any project authorized under in the project proposal for the Secretary to ing the project proposal under paragraph (1). this title after the date of enactment of the determine whether the project is a tech- ‘‘(f) CONGRESSIONAL DETERMINATION AND Reclaiming the Nation’s Water Act shall be nically and financially viable project— AUTHORIZATION.— not more than 20 percent. ‘‘(i) the Secretary shall provide to the non- ‘‘(1) CONGRESSIONAL DETERMINATION.—Con- ‘‘(2) OPERATION AND MAINTENANCE COSTS.— Federal project sponsor written notice that gress may make the determination on No Federal funds shall be used to pay the identifies any information that the Sec- whether to authorize a project under this costs of operating and maintaining any retary determines to be necessary to make title if— project authorized under this title after the the determination; and ‘‘(A) the Secretary submits the written no- date of enactment of the Reclaiming the Na- ‘‘(ii) the non-Federal project entity may tice under subsection (d)(1); tion’s Water Act. submit a revised project proposal to the Sec- ‘‘(B) by the date that is 60 days after the ‘‘(f) DEAUTHORIZATION.—Any project au- retary. date on which a non-Federal project sponsor thorized under this title that has not re- ‘‘(B) NOTIFICATION.—Not later than 21 days submits a project proposal under subsection ceived Federal funding by the date that is after the date on which a non-Federal (a)(2), the Secretary does not submit written the later of the date that is 10 years after the project sponsor submits a revised proposal to notice to the non-Federal project sponsor date of enactment of the Reclaiming the Na- the Secretary under subparagraph (A)(ii), the under subsection (c)(1); or tion’s Water Act or 10 years after the date on Secretary shall provide to the non-Federal ‘‘(C) by the date that is 180 days after the which construction of the project is author- project sponsor written notice that describes date on which the Secretary determines that ized shall be deauthorized.’’. whether sufficient information has been pro- a project proposal includes sufficient infor- SEC. 6. REUSE PLANNING ASSISTANCE PROGRAM. vided to make a determination on whether mation to make a determination on whether The Reclamation Wastewater and Ground- the project is a technically and financially the project is a technically and financially water Study and Facilities Act (43 U.S.C. viable project. viable project, the Secretary does not submit 390h et seq.) is amended by adding at the end ‘‘(d) NOTICE TO CONGRESS.— the written notice under subsection (d)(1). the following: ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(2) CONGRESSIONAL AUTHORIZATION.—Noth- ‘‘SEC. 1639. REUSE PLANNING ASSISTANCE PRO- after the date on which the Secretary deter- ing in this section precludes Congress from GRAM. mines that a project proposal includes suffi- authorizing a project under this title. ‘‘(a) IN GENERAL.—The Secretary may co- cient information to make a determination ‘‘(g) TRANSITION PROVISIONS.— operate with any non-Federal project spon- on whether the project is a technically and ‘‘(1) IN GENERAL.—A non-Federal project sor in the preparation of any plan (including financially viable project, the Secretary sponsor that has submitted to the Secretary a project proposal) for the development of re- shall submit to Congress a written notice of for review a feasibility study for a project claimed water for reuse applications or envi- the findings of the Secretary that includes— under this title before the date of enactment ronmental benefits that are in the public in- ‘‘(A) a statement and explanation of the of the Reclaiming the Nation’s Water Act terest, as determined by the Secretary. determination on whether the project is a may— ‘‘(b) AGREEMENT.— technically and financially viable project; ‘‘(A) submit a new project proposal for ap- ‘‘(1) IN GENERAL.—At the request of a non- and proval under subsection (a); or Federal project sponsor, the Secretary may ‘‘(B) a concise recommendation of the Sec- ‘‘(B) notify the Secretary in writing that enter into an agreement with the non-Fed- retary on whether the project should be au- the non-Federal project sponsor elects to eral project sponsor to provide for the prepa- thorized for construction, that is based on, seek approval of the project using the pre- ration of a project proposal for review under but is not required to describe— viously submitted feasibility study. section 1604(a). ‘‘(i) the results of the review of the project ‘‘(2) SUPPLEMENTAL INFORMATION.—If the ‘‘(2) REQUIREMENTS.—Any project proposal proposal under subsection (a); and non-Federal project sponsor makes the elec- prepared under an agreement entered into ‘‘(ii) the consideration of the following fac- tion under paragraph (1)(B), the non-Federal under paragraph (1) shall comply with the tors: project sponsor may supplement the pre- National Environmental Policy Act of 1969 ‘‘(I) The cost per acre-foot of water to be viously submitted feasibility study to pro- (42 U.S.C. 4321 et seq.), including any regula- produced by the project. vide additional information— tions promulgated to carry out that Act. ‘‘(II) The quality and quantity of water to ‘‘(A) on whether the project is a tech- ‘‘(3) CONSULTATION.—The Secretary shall be produced by the project. nically and financially viable project; and consult and cooperate with appropriate Fed- ‘‘(III) The cost-effectiveness of the project ‘‘(B) to address each of the factors de- eral, State, regional, and local entities dur- compared with other available alternatives, scribed in subsection (d)(1)(B)(ii). ing the development of each project proposal including whether other comparatively cost- ‘‘(3) DETERMINATION OF TECHNICAL AND FI- prepared under an agreement entered into effective alternatives for meeting a signifi- NANCIAL VIABILITY.—Not later than 90 days under paragraph (1). cant water supply need for the project exist. after the date on which the Secretary re- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(IV) Any environmental benefits or ad- ceives notice of an election under paragraph ‘‘(1) IN GENERAL.—There is authorized to be verse effects of the project. (1)(B), the Secretary shall determine wheth- appropriated to carry out this section not ‘‘(V) The extent to which the project would er the project is a technically and finan- more than $4,400,000 for fiscal year 2007 and help serve an identified Federal interest. cially viable project. each fiscal year thereafter, of which— ‘‘(VI) The extent to which the project ‘‘(4) NOTICE TO CONGRESS.—Not later than ‘‘(A) not more than $500,000 shall be ex- would provide regional benefits. 180 days after the date on which the Sec- pended in any 1 fiscal year for a plan for any ‘‘(VII) Whether the project demonstrates retary receives notice of an election under 1 project; and innovative or alternative technologies or paragraph (1)(B), the Secretary shall submit ‘‘(B) not more than a total of $1,000,000 processes relating to water treatment or to Congress written notice on the determina- shall be made available to a non-Federal waste minimization and management. tion and recommendation of the Secretary project sponsor to prepare a plan for any 1 ‘‘(2) AVAILABILITY.—To ensure that the de- with respect to the proposal in accordance project. termination and recommendation submitted with subsection (d).’’. ‘‘(2) FEDERAL SHARE.—The Federal share of under paragraph (1) are made publicly avail- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. the total costs of any plan for a project pre- able, the Secretary shall— Section 1631 of the Reclamation Waste- pared under an agreement entered into under ‘‘(A) transmit a copy of the written notice water and Groundwater Study and Facilities subsection (b)(1) shall be not more than 50 under paragraph (1) to— Act (43 U.S.C. 390h–13) is amended— percent.’’. ‘‘(i) the Committee on Energy and Natural (1) in subsection (b)(1)— SEC. 7. TECHNICAL AND CONFORMING AMEND- Resources of the Senate; and (A) by striking ‘‘may not be appropriated’’ MENTS. ‘‘(ii) the Committee on Resources of the and inserting ‘‘may not be expended by the (a) TECHNICAL AMENDMENTS.—The Rec- House of Representatives; and Secretary’’; and lamation Wastewater and Groundwater ‘‘(B) publish in the Federal Register notice (B) by striking subparagraphs (A) and (B) Study and Facilities Act (43 U.S.C. 390h et of the availability of the written notice. and inserting the following: seq.) is amended— ‘‘(e) REVISIONS TO PROPOSAL.— ‘‘(A) Congress has authorized the construc- (1) in section 1612(a) (43 U.S.C. 390h–10(a)), ‘‘(1) IN GENERAL.—If the Secretary deter- tion of the project; by striking ‘‘California or’’ and inserting mines under subsection (d)(1)(A) that a ‘‘(B) the Secretary has determined that the ‘‘California, or’’; and project is not a technically and financially project has a financially capable project (2) in section 1632(a) (43 U.S.C. 390h–14(a))— viable project, the Secretary shall not be re- sponsor; and’’; (A) by striking ‘‘Secretary of the Interior’’ quired to conduct further analysis of the (2) in subsection (c), by striking ‘‘the non- and inserting ‘‘Secretary’’; and project until the non-Federal project spon- Federal project sponsor’’ and all that follows (B) in paragraph (2), by striking the sor— through ‘‘project’s costs’’ and inserting ‘‘the comma and inserting a semicolon. ‘‘(A) conducts an additional investigation project has a financially capable project (b) CONFORMING AMENDMENTS.—The table of the project; and sponsor’’; and of sections in section 2 of the Reclamation ‘‘(B) resubmits a revised project proposal (3) by adding at the end the following: Projects Authorization and Adjustment Act in accordance with this section. ‘‘(e) LIMITATION ON NEW PROJECTS.— of 1992 (43 U.S.C. prec. 371) is amended—

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7420 CONGRESSIONAL RECORD — SENATE July 12, 2006 (1) by striking the items relating to sec- cling grant authority for the develop- Not too long ago, in a speech deliv- tions 1602 through 1604 and inserting the fol- ment of new sources of water. In so ered at a WateReuse Association con- lowing: doing, this proposed legislation will ference, John Keys, the recently re- ‘‘Sec. 1602. Purposes; Definitions. help State and local governments and tired Commissioner, Bureau of Rec- ‘‘Sec. 1603. General authority. water departments and agencies de- lamation, called recycled water The ‘‘Sec. 1604. Review of proposals submitted by velop new water and reliable water sup- Last River to Tap. Commissioner Keys non-Federal project sponsors.’’; plies. was right. and The bill amends the Reclamation and I would like to provide some addi- (2) by inserting after the item relating to Wastewater and Groundwater Study section 1638 the following: tional detail on the legislation. The and Facilities Act, 1992, to provide new legislation provides new authority for ‘‘Sec. 1639. Reuse planning assistance pro- standards and procedures for the re- gram.’’. the Secretary of the Interior to review view of water reclamation and reuse non-Federal water reclamation and Mrs. FEINSTEIN. Mr. President. I projects by the Interior Department’s reuse project proposals, pursuant to rise today to join my distinguished col- Bureau of Reclamation. Additionally, new standards and procedures for such league, Senator MURKOWSKI, chair of the legislation sets forth specific cri- review. the Subcommittee on Water and teria to assist Congress in the evalua- New standards would include pro- Power, Committee on Energy and Nat- tion and selection of projects for Fed- viding sufficient evidence to the Sec- ural Resources, in introducing legisla- eral funding. retary of Interior that the project: (1) tion to provide new authority and In the recent past, the Bureau of Rec- is technically viable and (2) has a fi- streamlined review criteria for the Bu- lamation was not able to review and re- nancially capable project sponsor. The reau of Reclamation’s title XVI Water port on proposed projects in a timely Secretary would have 180 days to sub- Recycling Program. fashion. This legislation establishes mit to Congress: (1) a statement and firm deadlines, a clear process, and I first want to thank Senator MUR- explanation of the project’s technical very specific criteria by which project KOWSKI for her leadership in this area. and financial viability, and (2) a rec- reviews are to be conducted. I deeply appreciate her willingness to ommendation on whether the project work with me on this issue. This program, unlike traditional Bu- reau of Reclamation project funding, should be authorized for construction I also want to thank my California based on several specific factors. Fac- colleague and friend, Representative provides a grant, not to exceed 20 percent of the capital costs or $20 million tors to be considered would range from GRACE NAPOLITANO, ranking member items related to project costs and bene- on the Water and Power Sub- making this the most leveraged and most cost-shared Federal water re- fits, to whether the project would help committee, who is introducing iden- serve an identified Federal interest. tical companion legislation in the sources program. In setting the 20 percent cap, this legislation reduces the The bill also includes transition proce- House of Representatives today. dures. This legislation is an outgrowth of overall percentage Federal participation to 20 percent from the 1992 stand- This program is vital to the West’s subcommittee oversight hearings last future. I look forward to working with February and is the product of more ard of 25 percent to enable more projects to receive Federal cost-share Senator MURKOWSKI and my colleagues than 2 years of discussion, evaluation, on the Energy Committee. I want to and consultation with the Bureau of support. Reclaiming the Nation’s Water Act is also thank Energy Committee Chair- Reclamation as well as numerous man PETE DOMENICI and the commit- water agencies and communities. designed to accomplish one major objective—development of new water sup- tee’s ranking member, Senator JEFF Today, the West faces two daunting BINGAMAN for their support and assist- challenges simultaneously. The first is plies responsibly—and in a timely manner. From a California perspective, this ance in the preparation of this legisla- drought and the impacts of continued legislation compliments and is fully tion. climate gyration—wild swings in pre- consistent with the recently published viously established weather patterns. California Water Plan Update 2005— By Mrs. FEINSTEIN: The second is the unprecedented published in 2006—by California De- S. 3646. A bill to authorize the Sec- growth throughout California and the partment of Water Resources and the retary of the Interior to create a bu- Western States. Population continues 2002 State of California’s Water Recy- reau of Reclamation partnership with to not just grow but surge throughout cling Task Force, Water Recycling the North Bay Water Reuse Authority this region. 2030. Both reports conclude that a sig- and other regional partners to achieve The title XVI, Water Recycling Pro- nificant portion of new water to be de- objectives relating to water supply, gram enables water users in the West veloped in California will come from water quality, and environmental res- to stretch existing supplies through water recycling. toration; to the Committee on Energy the application of reclamation, reuse, Throughout the Nation’s more than and Natural Resources. recycling and desalination tech- 200-year history, water conflicts in the Mrs. FEINSTEIN. Mr. President, I nologies. West have ‘‘erupted’’ periodically. This rise today to introduce the North Bay Title XVI was initially authorized in program is designed to reduce conflict Water Reuse Program Act of 2006. The 1992, following a severe multiyear through sound planning, improved act would authorize an innovative pro- drought in California and other West- management, expanding existing sup- gram to protect the environment while ern States. A drought of equal severity plies, leveraged financing and meaning- meeting the future water needs of reduced the mighty Colorado River to ful partnerships. urban and agricultural water users in record lows only a few years ago. We The Subcommittee on Water and the North Bay region of California for must find ways to expand our water Power will hold a hearing on this pro- years to come. supplies, and do so without generating posed legislation later this month. At As regulations continue to tighten regional or environmental conflict. that time, the subcommittee will also restrictions on wastewater discharges Reusing our existing supplies and hear testimony on three proposed into the San Francisco Bay, commu- stretching those supplies is a signifi- projects, one each in Riverside, Orange nities are faced with major financial cant part of the solution. The title XVI and San Bernardino Counties. I have challenges as they determine the best program provides the authority and carefully reviewed these projects. They way to discharge their treated waste- framework to accomplish these water are designed to produce approximately water. At the same time, agricultural resource development objectives to 300,000 acre-feet of new water annually. producers in the North Bay region are meet the needs of our cities and urban These projects simultaneously reduce facing serious water shortages result- areas, our farms and ranches and our pressure on the Bay Delta—and other ing from a serious overdraft of ground- diverse environment. Federal and State water users depend- water. The North Bay Water Reuse This legislation clarifies and makes ent on the water from the delta—as Program will solve both problems to- permanent the U.S. Department of the well as the Colorado River. They will gether. Interior and Bureau of Reclamation’s help drought-proof their water service When completed, the North Bay title XVI water reuse/reclamation/recy- areas. Water Reuse Program will provide for

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7421 the collection and conveyance of treat- (D) Sonoma County. carried out using amounts made available ed urban wastewater to agricultural (2) SECRETARY.—The term ‘‘Secretary’’ under this section shall be not more than 25 growers, promising a permanent and means the Secretary of the Interior. percent of the total cost of a water reclama- dedicated supply of about 30,000 acre- (3) STATE.—The term ‘‘State’’ means the tion and reuse project. State of California. (2) FORM OF NON-FEDERAL SHARE.—The non- feet of water per year. The use of re- (4) WATER RECLAMATION AND REUSE Federal share may be in the form of any in- claimed water for irrigation will re- PROJECT.—The term ‘‘water reclamation and kind services that the Secretary determines duce the demand on both surface and reuse project’’ means a project carried out would contribute substantially toward the groundwater supplies, and thus im- by the Secretary and an eligible entity in completion of the water reclamation and prove instream flows for riparian habi- the North San Pablo Bay watershed relating reuse project, including— tat and fisheries recovery. to— (A) reasonable costs incurred by the eligi- In the off-season when irrigation de- (A) water quality improvement; ble entity relating to the planning, design, (B) wastewater treatment; and construction of the water reclamation mand is diminished, the reclaimed (C) water reclamation and reuse; and reuse project; and water will be used to increase surface (D) groundwater recharge and protection; (B) the fair-market value of land that is— water flows for restoration of wetland (E) surface water augmentation; or (i) used for planning, design, and construc- habitat in the former Cargill Salt (F) other related improvements. tion of the water reclamation and reuse Ponds. SEC. 3. NORTH BAY WATER REUSE PROGRAM. project facilities; and This reclaimed water that would be (a) IN GENERAL.—The Secretary, acting (ii) owned by an eligible entity. applied productively to vineyards, through a cooperative agreement with the (f) OPERATION, MAINTENANCE, AND REPLACE- MENT COSTS.— fields and wetlands is now being dis- State or a subdivision of a State, may offer to enter into cooperative agreements with (1) IN GENERAL.—The eligible entity shall charged as treated wastewater into the eligible entities for the planning, design, and be responsible for the annual operation, San Francisco Bay-Delta Estuary. The construction of water reclamation and reuse maintenance, and replacement costs associ- North Bay Water Reuse Program will projects. ated with the water reclamation and reuse benefit the ecosystem of the bay by (b) COORDINATION WITH OTHER FEDERAL project. providing a cost-effective, environ- AGENCIES.—In carrying out this section, the (2) OPERATION, MAINTENANCE, AND REPLACE- mentally sound alternative for the dis- Secretary and the eligible entity shall, to MENT PLAN.—The eligible entity, in consulta- the maximum extent practicable, use the de- tion with the Secretary, shall develop an op- posal of urban wastewater. sign work and environmental evaluations eration, maintenance, and replacement plan The legislation I am introducing initiated by— for the water reclamation and reuse project. today allows for the Federal participa- (1) non-Federal entities; and (g) EFFECT.—Nothing in this Act— tion of the first phase of this long-term (2) the Corps of Engineers in the San Pablo (1) affects or preempts— regional project. This cost-shared Bay Watershed of the State. (A) State water law; or water reclamation and reuse program (c) COOPERATIVE AGREEMENT.— (B) an interstate compact relating to the is the first of its kind in Northern Cali- (1) REQUIREMENTS.—A cooperative agree- allocation of water; or (2) confers on any non-Federal entity the fornia, and the first to provide water ment entered into under paragraph (1) shall, at a minimum, specify the responsibilities of ability to exercise any Federal right to— primarily for agricultural and environ- the Secretary and the eligible entity with re- (A) the water of a stream; or mental uses. It is supported by the spect to— (B) any groundwater resource. local governments in three counties— (A) ensuring that the cost-share require- (h) AUTHORIZATION OF APPROPRIATIONS.— Napa, Sonoma and Marin—that have ments established by subsection (e) are met; There is authorized to be appropriated for joined together to undertake the (B) completing— the Federal share of the total cost of the project. Agricultural organizations, (i) a needs assessment for the water rec- first phase of water reclamation and reuse lamation and reuse project; and projects carried out under this Act, an such as the Napa and Sonoma County amount not to exceed 25 percent of the total Farm Bureaus, the Carneros Quality (ii) the planning and final design of the water reclamation and reuse project; cost of those reclamation and reuse projects Alliance, the Winegrape Growers of (C) any environmental compliance activity or $25,000,000, whichever is less, to remain Napa County, the Napa Vintners Asso- required for the water reclamation and reuse available until expended. ciation, and the North Bay Agriculture project; Alliance, support the program. And en- (D) the construction of facilities for the By Mr. DORGAN (for himself, Mr. vironmental organizations, such as The water reclamation and reuse project; and BINGAMAN, Ms. STABENOW, Mr. Bay Institute, likewise endorse the (E) administrating any contract relating LAUTENBERG, Mr. JOHNSON, Ms. program. to the construction of the water reclamation MIKULSKI, Mrs. CLINTON, Mr. The North Bay Water Reuse Program and reuse project. MENENDEZ, and Mr. AKAKA): (2) PHASED PROJECT.— brings together stakeholders that are S. 3647. A bill to amend title XVIII of (A) IN GENERAL.—A cooperative agreement the Social Security Act to waive the usually at odds with one another and described in paragraph (1) shall require that monthly beneficiary premium under a provides an ideal solution to guarantee any water reclamation and reuse project car- prescription drug plan or an MA–PD water to the environment and agricul- ried out under this section shall consist of 2 plan during months in which an indi- tural producers, and simultaneously phases. vidual enrolled in such a plan has a gap providing regulatory relief to waste- (B) FIRST PHASE.—During the first phase, the Secretary and an eligible entity shall in prescription drug coverage; to the water agencies. Committee on Finance. I ask unanimous consent that the complete the planning, design, and construction of the main treatment and main convey- Mr. DORGAN. Mr. President, nearly text of the bill be printed in the ance system of the water reclamation and one-third of Medicare beneficiaries are RECORD reuse project. going to become all too familiar with There being no objection, the text of (C) SECOND PHASE.—During the second what is called the ‘‘doughnut hole’’ the bill was ordered to be printed in phase, the Secretary and an eligible entity over the next several months. The the RECORD, as follows: shall complete the planning, design, and con- doughnut hole is a gap in coverage that S. 3646 struction of the sub-regional distribution exists in most Medicare prescription systems of the water reclamation and reuse Be it enacted by the Senate and House of Rep- project. drug plans. resentatives of the United States of America in (d) FINANCIAL ASSISTANCE.— Here is how the doughnut hole works: Congress assembled, (1) IN GENERAL.—The Secretary may pro- Under most plans, Medicare will pay SECTION 1. SHORT TITLE. vide financial and technical assistance to an for 75 percent of drug costs up to $2,250 This Act may be cited as the ‘‘North Bay eligible entity to assist in planning, design- after an initial $250 deductible. But Water Reuse Program Act of 2006’’. ing, conducting related preconstruction ac- then Medicare pays nothing until drug SEC. 2. DEFINITIONS. tivities for, and constructing a water rec- expenses exceed $5,100. During this gap In this Act: lamation and reuse project. in coverage, beneficiaries continue to (1) ELIGIBLE ENTITY.—The term ‘‘eligible (2) USE.—Any financial assistance provided pay monthly premiums but get no drug entity’’ means a member agency of the under paragraph (1) shall be obligated and North Bay Water Reuse Authority of the coverage at all. I think this is unfair. expended only in accordance with a coopera- That is why I am introducing the State located in the North San Pablo Bay tive agreement entered into under this sec- watershed in— tion. Prescription for Fairness Act. This leg- (A) Marin County; (e) COST-SHARING REQUIREMENT.— islation is simple. It says seniors (B) Napa County; (1) FEDERAL SHARE.—The Federal share of should not have to pay monthly pre- (C) Solano County; or the total cost of any activity or construction miums during the time when they have

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7422 CONGRESSIONAL RECORD — SENATE July 12, 2006 no drug coverage. The legislation receiving. The Prescription for Fair- (1) in subparagraph (A)(i), by striking would waive the monthly premium for ness Act does just that. ‘‘There shall’’ and inserting ‘‘Subject to sub- any month that a senior is trapped in I am pleased to be joined by Senators paragraph (E), there shall’’; and BINGAMAN, STABENOW, LAUTENBERG, (2) by adding at the end the following new the doughnut hole. subparagraph: The legislation will help people like JOHNSON, MIKULSKI, CLINTON, MENEN- ‘‘(E) REDUCTION IN INITIAL FUNDING TO OFF- DEZ KAKA Mrs. McLain, an 88-year-old woman and A in introducing this im- SET COST OF WAIVER OF PRESCRIPTION DRUG who lives in a long-term care facility portant legislation. I am also pleased PREMIUM.—The Secretary shall reduce the in Bottineau, ND. She enrolled in the that Families USA has endorsed this amount available under subparagraph (A)(i) Medicare prescription drug benefit ear- legislation. by an amount equal to the Secretary’s esti- lier this year. Her brother, who helps I ask for unanimous consent that a mate of the increased expenditures from the pay her health care bills, was recently copy of the bill be printed in the Medicare Prescription Drug Account by rea- contacted by their local pharmacist. RECORD. son of the amendments made by section 2 of the Prescription for Fairness Act of 2006.’’. The pharmacist explained that Mrs. There being no objection, the text of the bill was ordered to be printed in (b) EFFECTIVE DATE.—The amendments McLain no longer has Medicare drug made by this section shall take effect as if coverage and must pay about $500 the RECORD, as follows: included in the enactment of section 221(c) of every month for her diabetes medica- S. 3647 the Medicare Prescription Drug, Improve- tions. This is not an expense that they Be it enacted by the Senate and House of Rep- ment, and Modernization Act of 2003 (Public had planned for, nor one they can af- resentatives of the United States of America in Law 108–173; 117 Stat. 2181). Congress assembled, ford. They did not realize that this cov- SECTION 1. SHORT TITLE. By Mr. DOMENICI (for himself erage gap existed when they enrolled in This Act may be cited as the ‘‘Prescription and Mr. BINGAMAN): the plan. This is one of countless sto- for Fairness Act of 2006’’. S. 3648. A bill to compromise and set- ries that we will hear over the next SEC. 2. WAIVER OF MONTHLY BENEFICIARY PRE- tle all claims in the case of Pueblo of several months as seniors fall into this MIUM DURING COVERAGE GAP. Isleta v. United States, to restore, im- coverage gap. (a) IN GENERAL.—Section 1860D–13(a) of the prove, and develop the valuable on-res- Social Security Act (42 U.S.C. 1395w–113(a)) is Some will say that beneficiaries ervation land and natural resources of trapped in the doughnut hole should amended by adding at the end the following new paragraph: the Pueblo, and for other purposes; to have selected plans that provide better ‘‘(7) WAIVER OF MONTHLY BENEFICIARY PRE- the Committee on Indian Affairs. coverage. I think it is unfair to blame MIUM DURING COVERAGE GAP.— Mr. DOMENICI. Mr. President, I rise beneficiaries for selecting the wrong ‘‘(A) IN GENERAL.—During the period begin- today with my good friend and col- plan. A new report by the Government ning on the date of enactment of the Pre- league, Senator BINGAMAN, to intro- Accountability Office found that the scription for Fairness Act of 2006 and ending duce the Pueblo of Isleta Settlement call centers operated by the Medicare on September 30, 2008, in the case of an indi- and Natural Resources Restoration Act prescription drug plan sponsors only vidual enrolled in a prescription drug plan or of 2006, an important piece of legisla- gave accurate and complete informa- an MA–PD plan which does not provide any tion for some of our constituents, the coverage of benefits after the individual has tion to callers about one-third of the reached the initial coverage limit under people of the Pueblo of Isleta. time. More than one in five callers re- paragraph (3) of section 1860D–2(b) and before The Pueblo filed suit against the ceived completely inaccurate informa- the individual has reached the annual out-of- United States under Public Law 104– tion. pocket threshold specified in paragraph 198, which conferred jurisdiction on the It is worth noting that the Prescrip- (4)(B) of such section, the following rules U.S. Court of Federal Claims with re- tion for Fairness Act will have no af- shall apply: spect to land claims of the Pueblo of fect on the bottom lines of the partici- ‘‘(i) The individual is not responsible for Isleta Indian Tribe, alleging loss and pating Medicare prescription drug payment of the monthly beneficiary pre- injury to the Pueblo’s lands and prop- plans. Under the legislation, the Sec- mium (as computed under paragraph (2) and erty interests because of mismanage- adjusted under paragraph (1)) under such a retary of the Department of Health and ment by the Federal Government. The plan for any month during which such cov- parties to the suit have spent several Human Services will simply pay the erage is not provided. monthly premium on behalf of the ben- ‘‘(ii) The Secretary shall provide for pay- years reviewing and discussing these eficiary. It is offset by reducing the ment of such monthly beneficiary premium allegations, and this year the Pueblo of Medicare stabilization fund. This fund under such a plan on behalf of such an indi- Isleta, the U.S. Department of Justice, is completely unnecessary. It is a $10 vidual for any month described in clause (i). and the U.S. Department of Interior billion pot of money that was added to Such payment shall be made from the Medi- have come to an agreement on how to the Medicare Modernization Act to pro- care Prescription Drug Account. resolve those claims. The legislation I ‘‘(B) REFUND OF PREMIUMS PAID.—In the vide bonus payments and incentives to am introducing today with Senator case of such an individual who pays the BINGAMAN will codify the parties’ managed care companies to enter the monthly beneficiary premium under such a Medicare market. It is time that Con- agreement. plan for a month during which such coverage Under the terms of the settlement gress provides a safety net for seniors, is not provided, the Secretary shall refund agreement, the parties have agreed on an amount equal to the premium paid. Such not health plans. how to use the funds paid to the Pueblo This legislation merely provides sen- refund shall be made from such Account.’’. of Isleta. Some of the funds will be iors some relief in the short term. The (b) CONFORMING AMENDMENTS.—Section used for drainage and remediation of legislation would expire after fiscal 1854(b)(1) of the Social Security Act (42 U.S.C. 1395w–24(b)(1)) is amended— the Pueblo’s agricultural lands that year 2008. This Congress still needs to (1) in subparagraph (A), by inserting ‘‘and, have been waterlogged. Some of the close the doughnut hole. In October, I if applicable, the waiver under subparagraph funds will be spent to rehabilitate and joined Senator BILL NELSON to intro- (D)’’ after ‘‘subparagraph (C)’’; and remediate the Pueblo’s forest lands. duce the Medicare Prescription Drug (2) by adding at the end the following new Other funds will be used for the acqui- Gap Reduction Act, which would allow subparagraph: sition, restoration, improvement, de- the Secretary of Health and Human ‘‘(D) WAIVER OF MA MONTHLY PRESCRIPTION DRUG BENEFICIARY PREMIUM.—During the pe- velopment, and protection of land, nat- Services to negotiate fair drug prices ural resources and cultural resources of and the savings would be used to elimi- riod beginning on the date of enactment of the Prescription for Fairness Act of 2006 and the Pueblo and for the payment and re- nate the doughnut hole. Believe it or ending on September 30, 2008, the provisions imbursement of expenses incurred in not, the Medicare Modernization Act of section 1860D–13(a)(7) shall apply to the connection with this lawsuit. contained a provision that explicitly MA monthly prescription drug beneficiary The Pueblo of Isleta, the Department prohibits the government from using premium in the same manner as they apply of Interior, and the Department of Jus- its market clout to negotiate for fair to the monthly beneficiary premium under tice have worked long and hard to re- drug prices for our seniors. such section.’’. solve this matter. I believe Congress I am hopeful that the Senate will SEC. 3. REDUCTION OF MEDICARE ADVANTAGE should act expeditiously to ratify the take up the Medicare Prescription REGIONAL PLAN STABILIZATION FUND AMOUNT. agreement they have reached. Drug Gap Reduction Act. In the mean- (a) IN GENERAL.—Section 1858(e)(2) of the I ask unanimous consent that the time, let’s make sure seniors are not Social Security Act (42 U.S.C. 1395w– text of the bill be printed in the charged for a benefit that they are not 27a(e)(2)) is amended— RECORD

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7423 There being no objection, the text of (1) $32,838,750 from the permanent judg- the Pueblo under this paragraph shall not be the bill was ordered to be printed in ment appropriation established pursuant to contingent upon the provision by the Pueblo the RECORD, as follows: section 1304 of title 31, United States Code; of the funds described in paragraph (1)(A)(i). and (3) EXPENDITURES AND WITHDRAWAL.— S. 3648 (2) in addition to the amounts transferred (A) TRIBAL MANAGEMENT PLAN.— Be it enacted by the Senate and House of Rep- under paragraph (1), at such times and in (i) IN GENERAL.—Subject to clause (ii), the resentatives of the United States of America in such amounts as are specified for that pur- Pueblo may withdraw all or part of the Res- Congress assembled, pose in the annual budget of the Department toration Fund on approval by the Secretary SECTION 1. SHORT TITLE. of the Interior, authorized to be appropriated of a tribal management plan in accordance This Act may be cited as the ‘‘Pueblo of by subsection (f), and made available by an with section 202 of the American Indian Isleta Settlement and Natural Resources Act of appropriation, a total of $7,200,000. Trust Fund Management Reform Act of 1994 Restoration Act of 2006’’. (c) DISTRIBUTION OF AMOUNTS FROM RES- (25 U.S.C. 4022). SEC. 2. FINDINGS AND PURPOSES. TORATION FUND.— (ii) REQUIREMENTS.—In addition to the re- PPROPRIATED AMOUNTS (a) FINDINGS.—Congress finds that— (1) A .— quirements under the American Indian Trust (1) there is pending before the United (A) IN GENERAL.—Subject to paragraph (3), Fund Management Reform Act of 1994 (25 States Court of Federal Claims a civil action upon the request of the Pueblo, the Sec- U.S.C. 4001 et seq.), a tribal management filed by the Pueblo against the United States retary shall distribute amounts deposited in plan described in clause (i) shall require that in which the Pueblo seeks to recover dam- the Restoration Fund pursuant to section V the Pueblo shall expend any funds withdrawn ages pursuant to the Isleta Jurisdictional of the Settlement Agreement and subsection from the Restoration Fund under this para- (b)(2), in accordance with the terms and con- Act; graph in a manner consistent with the pur- ditions of the Settlement Agreement and (2) the Pueblo and the United States, after poses described in the Settlement Agree- this Act, on the condition that the Sec- a diligent investigation of the Pueblo claims, ment. retary, before any such distribution, receives have negotiated a Settlement Agreement, (B) ENFORCEMENT.—The Secretary may from the Pueblo such assurances as are satis- the validity and effectiveness of which is take judicial or administrative action to en- factory to the Secretary that— contingent on the enactment of enabling leg- force the provisions of any tribal manage- (i) the Pueblo shall deliver funds in the islation; ment plan described in subparagraph (A)(i) amount of $7,100,000 toward drainage and re- (3) certain land of the Pueblo is water- to ensure that any funds withdrawn from the mediation of the agricultural land and reha- logged, and it would be to the benefit of the Restoration Fund under this paragraph are bilitation of forest and range land of the used in accordance with this Act. Pueblo and other water users to drain the Pueblo in accordance with section IV(C) and (C) LIABILITY.—If the Pueblo exercises the land and return water to the Rio Grande IV(D) of the Settlement Agreement; and right to withdraw funds from the Restora- River; and (ii) those funds shall be available for ex- tion Fund under this paragraph, neither the (4) there is Pueblo forest land in need of re- penditure for drainage and remediation ex- Secretary nor the Secretary of the Treasury mediation in order to improve timber yields, penses as provided in sections IV(C) and shall retain any liability for the accounting, reduce the threat of fire, reduce erosion, and IV(D) of the Settlement Agreement on the disbursement, or investment of the funds improve grazing conditions. dates on which the Secretary makes dis- withdrawn. (b) PURPOSES.—The purposes of this Act tributions, and in amounts equal to the (D) EXPENDITURE PLAN.— are— amounts so distributed, in accordance with (1) to improve the drainage of the irrigated sections IV(A) and IV(B) of the Settlement (i) IN GENERAL.—The Pueblo shall submit land, the health of the forest land, and other Agreement. to the Secretary for approval an expenditure plan for any portion of the funds in the Res- natural resources of the Pueblo; and (B) USE OF FUNDS.—Of the amounts distrib- (2) to settle all claims that were raised or uted by the Secretary from the Restoration toration Fund made available under this Act could have been raised by the Pueblo against Fund under subparagraph (A)— that the Pueblo does not withdraw under the United States under the Isleta Jurisdic- (i) $5,700,000 shall be available to the Pueb- this paragraph. tional Act in accordance with section 5. lo for use in carrying out the drainage and (ii) DESCRIPTION.—The expenditure plan SEC. 3. DEFINITIONS. remediation of approximately 1,081 acres of shall describe the manner in which, and the In this Act: waterlogged agricultural land, as described purposes for which, funds of the Pueblo re- (1) ISLETA JURISDICTIONAL ACT.—The term in section IV(A) of the Settlement Agree- maining in the Restoration Fund will be ‘‘Isleta Jurisdictional Act’’ means Public ment; and used. Law 104–198 (110 Stat. 2418). (ii) $1,500,000 shall be available to the Pueb- (iii) APPROVAL.—On receipt of an expendi- (2) PUEBLO.—The term ‘‘Pueblo’’ means the lo for use in carrying out the rehabilitation ture plan under clause (i), the Secretary Pueblo of Isleta, a federally-recognized In- and remediation of forest and range land, as shall approve the plan if the Secretary deter- dian tribe. described in section IV(B) of the Settlement mines that the plan is reasonable and con- (3) RESTORATION FUND.—The term ‘‘Res- Agreement. sistent with this Act and the Settlement toration Fund’’ means the Pueblo of Isleta (C) FEDERAL CONSULTATION.—Restoration Agreement. Natural Resources Restoration Fund estab- work carried out using funds distributed (E) ANNUAL REPORT.—The Pueblo shall sub- lished by section 4(a). under this paragraph shall be planned and mit to the Secretary an annual report that (4) SECRETARY.—The term ‘‘Secretary’’ performed in consultation with— describes expenditures from the Restoration means the Secretary of the Interior. (i) the Bureau of Indian Affairs; and Fund during the year covered by the report. (5) SETTLEMENT AGREEMENT.—The term (ii) such other Federal agencies as are nec- (d) MAINTENANCE AND INVESTMENT OF RES- ‘‘Settlement Agreement’’ means the Agree- essary. TORATION FUND.— (1) IN GENERAL.—The Restoration Fund and ment of Compromise and Settlement entered (D) UNUSED FUNDS.—Any funds, including into between the United States and the any interest income, that are distributed amounts in the Restoration Fund shall be Pueblo dated July 12, 2005, as modified by the under this paragraph but that are not needed maintained and invested by the Secretary of Extension and Modification Agreement exe- to carry out this paragraph shall be avail- the Interior pursuant to the first section of cuted by the United States and the Pueblo able for use in accordance with paragraph the Act of June 24, 1938 (52 Stat. 1037, chapter on June 22, 2006, to settle the claims of the (2)(A). 648). (2) CREDITS TO RESTORATION FUND.—The in- Pueblo in Docket No. 98–166L, a case pending (2) AMOUNTS FROM JUDGMENT FUND.— terest on, and the proceeds from the sale or in the United States Court of Federal (A) IN GENERAL.—Subject to paragraph (3), Claims. the amount paid into the Restoration Fund redemption of, any obligations held in the Restoration Fund shall be credited to, and SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES under subsection (b)(1), and interest income RESTORATION TRUST FUND. resulting from investment of that amount, form a part of, the Restoration Fund. (e) PROHIBITION ON PER-CAPITA PAY- (a) ESTABLISHMENT.—There is established shall be available to the Pueblo for— MENTS.—No portion of the amounts in the in the Treasury of the United States a trust (i) the acquisition, restoration, improve- Restoration Fund shall be available for pay- fund, to be known as the ‘‘Pueblo of Isleta ment, development, and protection of land, ment on a per-capita basis to members of the natural resources, and cultural resources Natural Resources Restoration Fund’’, con- Pueblo. within the exterior boundaries of the Pueblo, sisting of— (f) AUTHORIZATION OF APPROPRIATIONS.— (1) such amounts as are transferred to the including improvements to the water supply There is authorized to be appropriated to the Restoration Fund under subsection (b); and and sewage treatment facilities of the Pueb- Restoration Fund $7,200,000. lo; and (2) any interest earned on investment of SEC. 5. RATIFICATION OF SETTLEMENT, DIS- amounts in the Restoration Fund under sub- (ii) for the payment and reimbursement of MISSAL OF LITIGATION, AND COM- section (d). attorney and expert witness fees and ex- PENSATION TO PUEBLO. (b) TRANSFERS TO RESTORATION FUND.— penses incurred in connection with Docket (a) RATIFICATION OF SETTLEMENT AGREE- Upon entry of the final judgment described No. 98–166L of the United States Court of MENT.—The Settlement Agreement is rati- in section 5(b), there shall be transferred to Federal Claims, as provided in the Settle- fied. the Restoration Fund, in accordance with ment Agreement. (b) DISMISSAL.—Not later than 90 days conditions specified in the Settlement (B) NO CONTINGENCY ON PROVISION OF FUNDS after the date of enactment of this Act, the Agreement and this Act— BY PUEBLO.—The receipt and use of funds by Pueblo and the United States shall execute

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7424 CONGRESSIONAL RECORD — SENATE July 12, 2006 and file a joint stipulation for entry of final AIDS drug assistance program, certain safety net hospital pharmacies on be- judgment in the case of Pueblo of Isleta v. hospitals, or a pharmaceutical manu- half of Part D enrollees during their United States, Docket 98–166L, in the United facturer patient assistance program in coverage gap—i.e. while the enrollee is States Court of Federal Claims in such form providing prescription drugs toward and such manner as are acceptable to the At- in the so-called ‘‘doughnut hole’’—are torney General and the Pueblo. the annual out of pocket threshold not permitted to count for TrOOP pur- (c) COMPENSATION.—After the date of en- under part D of title XVIII of the So- poses. In turn, many individuals with actment of this Act, in accordance with the cial Security Act and to provide a safe HIV/AIDS, Native Americans, and Settlement Agreement, and upon entry of harbor for assistance provided under a other low-income individuals receiving the final judgment described in subsection pharmaceutical manufacturer patient assistance through community health (b)— assistance program; to the Committee centers or other qualified safety net (1) compensation to the Pueblo shall be on Finance. hospital pharmacies are never able to paid from the permanent judgment appro- Mr. BINGAMAN. Mr. President, I rise priation established pursuant to section 1304 reach the catastrophic limit—the point of title 31, United States Code, in the total today to introduce legislation with at which Medicare would pay 95 per- amount of $32,838,750 for all monetary dam- Senators LAUTENBERG, MENENDEZ, DOR- cent of the beneficiary’s drug costs. As ages and attorney fees, interest, and any GAN, KENNEDY, STABENOW, DAYTON, a result, these beneficiaries are forced other fees and costs of any kind that were or JOHNSON, CLINTON, and AKAKA entitled to pay premiums to their Medicare could have been presented in connection the ‘‘Helping to Fill the Medicare Rx drug plan and to absorb the monthly with Docket No. 98–166L of the United States Gap Act of 2006.’’ This legislation and drug costs for a benefit they are not Court of Federal Claims; but companion legislation to be introduced (2) the Pueblo shall retain all rights, in- able to access. by Congressman DINGELL fixes an im- cluding the right to bring civil actions based A study that was recently published on causes of action, relating to the removal portant problem for Medicare beneficiaries and safety net providers by al- in the New England Journal of Medi- of ordnance under— cine found that prescription drug plans (A) the Comprehensive Environmental Re- lowing costs incurred by AIDS Drug sponse, Compensation, and Liability Act of Assistance Programs, ADAPs, the In- that include doughnut hole-like cov- 1980 (42 U.S.C. 9601 et seq.); dian Health Service, IHS, federally erage gaps may lower beneficiary drug (B) the Defense Environmental Restoration qualified health centers, certain safety costs but any savings are offset by in- Program under section 2701 of title 10, net hospitals, and pharmaceutical creases in the costs of hospitalizations United States Code; and manufacturer-sponsored Patient As- and emergency room use. Specifically, (C) any contract entered into by the Pueb- sistance Programs, PAPs—entities the study found that patients with lo for the removal of ordnance. such capped benefits had higher rates (d) OTHER LIMITATIONS ON USE OF FUNDS.— that provide prescription drugs or drug The Indian Tribal Judgment Funds Use or assistance for populations under their of nonelective hospitalizations, visits Distribution Act (25 U.S.C. 1401 et seq.) shall care—to count toward a beneficiary’s to the emergency department, and even not apply to funds distributed or withdrawn annual out-of-pocket threshold as es- death. It certainly is not surprising from the Restoration Fund under this Act. tablished under the Medicare Mod- that the coverage gap will result in (e) NO EFFECT ON LAND, RESOURCES, OR ernization Act, MMA. many Americans going without needed WATER RIGHTS.—Nothing in this Act affects medications but it is important to note the status of land and natural resources of With the Medicare drug benefit now the Pueblo or any water right of the Pueblo. in effect for more than six months, ap- that overall medical costs are not re- Mr. BINGAMAN. Mr. President, I’m proximately 3.4 million seniors are duced and that providers will be dis- pleased today to join my colleague reaching the point at which coverage is proportionately affected when the Senator DOMENICI in sponsoring the eliminated until they reach the cata- doughnut hole is reached. Pueblo of Isleta Settlement and Nat- strophic limit. Under the MMA, Medi- And just when charity pharma- ural Resources Restoration Act. This care pays 75 percent of drug costs until ceutical assistance programs are need- bill would settle a longstanding dispute a beneficiary’s expenses reach $2,250 in ed most, the current policy is making over federal mismanagement of lands a year. Then it stops paying until costs it difficult for pharmaceutical compa- that resulted in lands within the Pueb- exceed $5,100, leaving a so-called nies to continue to provide free phar- lo being rendered unusable due to ‘‘doughnut hole’’ of $2,850 that seniors maceuticals to our nation’s poor elder- water intrusion. The money provided are expected to manage on their own. ly. The HHS OIG has issued guidance under the settlement would be des- According to the Kaiser Family Foun- that prohibits costs incurred on behalf ignated towards remedying these dation, about 6.9 million Medicare of Part D beneficiaries by pharma- losses. beneficiaries will have to deal with a ceutical manufacturer-sponsored Phar- gap in their drug coverage at some Like any settlement, I imagine nei- maceutical Assistance Programs, point this year. ther side is completely happy with the PAPs—programs run by the pharma- An important part of the MMA’s pre- result but it is a significant step and ceutical industry that provide free or will begin the process of restoring in- scription drug benefit requires the tracking of beneficiaries’ ‘‘true out-of- low-cost drugs to eligible poor and low- undated lands and acquiring substitute income individuals to count toward a lands. I am happy both sides were able pocket’’ costs, TrOOP, to determine the point at which a beneficiary be- patient’s TrOOP due to concerns that to work out their differences and come providing drugs through these pro- up with a solution we can support in comes eligible for catastrophic coverage. In an additional effort to con- grams might violate the federal anti- Congress. I hope that, in addition to kickback statute. The anti-kickback the financial commitment in the bill, strain the cost of the prescription drug benefit, the MMA limited the types of statute prohibits offering or receiving the Department of Interior will con- payment to increase the use of prod- tinue to be a partner with the Pueblo expenditures that could count toward a ucts or services—in this case, to steer in achieving the restoration of their beneficiary’s TrOOP, including only: prescription drug use—at the cost of lands. Cost-sharing related to the annual Federal health care programs. In turn, I hope my colleagues will join us to deductible; costs borne by the Part D quickly move this legislation along so enrollee (or contributions by friends or several pharmaceutical manufacturers we can begin to restore these lands for family members on the beneficiary’s are considering terminating their the people of the Pueblo of Isleta. behalf); contributions from qualifying PAPs to avoid running afoul of the law. State Pharmacy Assistance Programs, According to a January article in the By Mr. BINGAMAN (for himself, SPAPs; contributions from eligible Washington Post, 37 pharmaceutical Mr. LAUTENBERG, Mr. MENEN- charitable organizations; and waivers companies donated 22 million prescrip- DEZ, Mr. DORGAN, Mr. KENNEDY, or reductions by commercial phar- tions worth $4.1 billion through PAPs. Ms. STABENOW, Mr. DAYTON, Mr. macies of cost-sharing requirements of Across the Nation seniors who benefit JOHNSON, Mrs. CLINTON, and Mr. Medicare prescription drug plans. from these programs are fearful that AKAKA): Under current law, costs incurred by they will be forced to go off needed S. 3650. A bill to include costs in- AIDS Drug Assistance Programs, In- medications or to go into bankruptcy if curred by the Indian Health Service, a dian Health Service, IHS, pharmacies, these programs are not available to Federally qualified health center, an community health centers, and certain help them.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7425 While HHS is working with the phar- ADAPs, IHS, federally qualified health SEC. 3. PROVIDING A SAFE HARBOR FOR PHAR- maceutical industry to develop guide- centers, and certain safety net hos- MACEUTICAL MANUFACTURER PA- TIENT ASSISTANCE PROGRAMS. pitals as well as pharmaceutical manu- lines that would allow PAPs to con- (a) SAFE HARBOR.—Section 1128B(b)(3) of tinue to operate in compliance with facturer PAPs to count toward a bene- the Social Security Act (42 U.S.C. 1320a– current law, the HHS OIG maintains ficiary’s TrOOP expenses. This bill 7b(b)(3)) is amended— that PAP costs will not be permitted would ensure that all Part D enrollees (1) in subparagraph (G), by striking ‘‘and’’ to count toward a patient’s TrOOP in are permitted appropriate access to the at the end; any circumstance. As a result, similar catastrophic coverage that was prom- (2) in subparagraph (H), as added by section to the ADAPs, IHS pharmacies, com- ised under the MMA. 237(d) of the Medicare Prescription Drug, Im- munity health centers and safety net Mr. President, I commend to my col- provement, and Modernization Act of 2003 hospital pharmacies, PAPs that pro- leagues the New England Journal of (Public Law 108–173; 117 Stat. 2213)— (A) by moving such subparagraph 2 ems to vide prescription drugs for patients Medicine study entitled ‘‘Unintended Consequences of Caps on Medicare the left; and during the coverage gap are forced to (B) by striking the period at the end and become the ‘‘payer of last resort’’ be- Drug Benefits,’’ and I ask unanimous inserting a semicolon; cause the costs they incur are not per- consent that the Washington Post arti- (3) by redesignating subparagraph (H), as mitted to count toward TrOOP ex- cle and the text of the bill to be printed added by section 431(a) of the Medicare Pre- penses and thus, the patient is unable in the RECORD. scription Drug, Improvement, and Mod- to reach the catastrophic limit. There being no objection, the text of ernization Act of 2003 (Public Law 108–173; 117 Pharmacy Assistance Programs, the bill was ordered to be printed in Stat. 2287), as subparagraph (I); AIDS Drug Assistance Programs, com- the RECORD, as follows: (4) in subparagraph (I), as so redesignated— S. 3650 (A) by moving such subparagraph 2 ems to munity health centers, and safety net the left; and Be it enacted by the Senate and House of Rep- hospital pharmacies will maintain (B) by striking the period at the end and their commitment to provide assist- resentatives of the United States of America in Congress assembled, inserting ‘‘; and’’; and ance to low-income senior citizens and (5) by adding at the end the following new SECTION 1. SHORT TITLE. subparagraph: people with disabilities in the coverage This Act may be cited as the ‘‘Helping Fill gap but the current policy imposes a the Medicare Rx Gap Act of 2006’’. ‘‘(J) any remuneration paid by a pharmaceutical manufacturer patient assistance significant financial burden on our na- SEC. 2. INCLUDING COSTS INCURRED BY THE IN- program, either in cash or through the dis- tion’s health care safety net. While we DIAN HEALTH SERVICE, A FEDER- tribution or donation of covered Part D all recognize the importance of con- ALLY QUALIFIED HEALTH CENTER, AN AIDS DRUG ASSISTANCE PRO- drugs (as defined in section 1860D–2(e)), to an trolling costs, this policy stands to GRAM, CERTAIN HOSPITALS, OR A individual enrolled in a prescription drug harm vulnerable beneficiaries and safe- PHARMACEUTICAL MANUFACTURER plan under part D of title XVIII or in an MA– ty net providers by permitting the PATIENT ASSISTANCE PROGRAM IN PD plan under part C of such title.’’. PROVIDING PRESCRIPTION DRUGS (b) EFFECTIVE DATE.—The amendments Medicare program to shift the cost bur- TOWARD THE ANNUAL OUT OF den on to a variety of other federal pro- POCKET THRESHOLD UNDER PART made by subsection (a) shall apply to remu- grams, including discretionary safety D. neration paid on or after January 1, 2006. net programs, and PAPs. It does not (a) IN GENERAL.—Section 1860D–2(b)(4)(C) of There being no objection, the materials make sense that the Federal Govern- the Social Security Act (42 U.S.C. 1395w– 102(b)(4)(C)) is amended— were ordered to be printed in the RECORD, as ment pays private drug plans a (1) in clause (i), by striking ‘‘and’’ at the follows: capitated rate to provide services and end; THE HIGH COST OF DRUG CAPS beneficiaries pay monthly premiums to (2) in clause (ii)— BENEFIT LIMITS MEAN MORE HOSPITAL VISITS, (A) by striking ‘‘such costs shall be treated Medicare while ADAPs, IHS phar- STUDY SAYS macies, community health centers and as incurred only if’’ and inserting ‘‘subject to clause (iii), such costs shall be treated as in- JUNE 6, 2006.—People with limited prescrip- certain safety net hospital pharmacies tion drug coverage skip their medicines, and pharmaceutical manufacturer curred if’’ (B) by striking ‘‘, under section 1860D–14, make more trips to the hospital and die PAPs are left to shoulder the cost of or under a State Pharmaceutical Assistance sooner than patients with unlimited bene- providing prescription medications to Program’’; and fits, a New England Journal of Medicine their population of enrollees who will (C) by striking the period at the end and study found. never reach the catastrophic limit. inserting ‘‘; and’’; and The study compared the medical records of Just as current policy allows SPAP (3) by inserting after clause (ii) the fol- 157,275 people in a plan that covered only the lowing new clause: first $1,000 worth of drugs with those of 41,904 spending to count toward the cata- people who had unlimited drug coverage. strophic limit so should the costs in- ‘‘(iii) such costs shall be treated as incurred and shall not be considered to be re- Those with limited drug coverage spent 31 curred by these entities. imbursed under clause (ii) if such costs are percent less on drugs, but their total medical In addition, this legislation would borne or paid— costs were not significantly lower, as they correct the inequity in the current pol- ‘‘(I) under section 1860D–14; had a 9 percent greater chance of going to icy which unfairly discriminates be- ‘‘(II) under a State Pharmaceutical Assist- the emergency room and a 13 percent greater tween beneficiaries who receive their ance Program; chance of landing in the hospital. prescription drugs from commercial ‘‘(III) by the Indian Health Service, an In- ‘‘The savings in drug costs from the cap dian tribe or tribal organization, or an urban were offset by increases in the costs of hos- pharmacies and those who receive their pitalization and emergency department medications through PAPs or from Indian organization (as defined in section 4 of the Indian Health Care Improvement Act); care,’’ concluded the researchers, who were safety net pharmacies run by the IHS, ‘‘(IV) by a Federally qualified health cen- led by John Hsu of Kaiser Permanente in community health centers, and certain ter (as defined in section 1861(aa)(4)); Oakland, Calif. public hospitals. Currently, only com- ‘‘(V) under an AIDS Drug Assistance Pro- The annual death rate of people whose mercial pharmacies’ waivers or reduc- gram under part B of title XXVI of the Pub- drug benefits were capped was 22 percent tions in Medicare Part D cost-sharing lic Health Service Act; higher than those with unlimited benefits. requirements are allowed to count to- ‘‘(VI) by a subsection (d) hospital (as de- ‘‘These changes affect the sickest patients the most, since they reach their caps on ben- wards TrOOP. This legislation would fined in section 1886(d)(1)(B)) that meets the requirements of clauses (i) and (ii) of section efits earlier in the year than other patients,’’ prevent lower-income Medicare bene- 340B(a)(4)(L) of the Public Health Service said Kenneth Thorpe, of Emory University in ficiaries from getting trapped in the Act; or Atlanta, in a Journal editorial. doughnut hole by leveling the playing ‘‘(VII) by a pharmaceutical manufacturer The study is especially relevant to the new field so that beneficiaries who get their patient assistance program, either directly Medicare Part D drug plans: Many of them drugs through PAPs or pharmacies run or through the distribution or donation of have significant gaps in coverage, or ‘‘dough- by the IHS, community health centers, covered part D drugs, which shall be valued nut holes,’’ where enrollees must pay in full or public hospitals pharmacies can at the negotiated price of such covered part for annual drug costs between $2,250 and $5,100. move just as quickly toward the cata- D drug under the enrollee’s prescription drug plan or MA–PD plan as of the date that the ‘‘In short, caps on drug benefits, such as strophic coverage benefit. drug was distributed or donated.’’. those used in Medicare, for a population of Mr. President, I urge your support for (b) EFFECTIVE DATE.—The amendments patients with chronic illnesses result in this important legislation to allow made by subsection (a) shall apply to costs worse outcomes and do not reduce spending Part D-related costs incurred by incurred on or after January 1, 2006. considerably,’’ said Thorpe.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7426 CONGRESSIONAL RECORD — SENATE July 12, 2006 The study showed that while 26 percent of Whereas the terrorists responsible for be allocated in the same proportion as de- people with diabetes skipped at least 20 per- these attacks seek to disrupt the free, demo- scribed in paragraph (1), except that in no cent of their doses if their drug benefits were cratic, and pluralistic lifestyle enjoyed by case shall the number of copies be less than capped, the rate was 21 percent for those who the people of India; 1 for each Member of Congress. dIdn’t have a cap. Whereas the Government of India has been SEC. 3. A BOTANIC GARDEN FOR THE NATION. All patients in the study had a required co- engaged in joint efforts with the United (a) IN GENERAL.—There shall be printed as payment of $15 to $30 for brand-name drugs, States Government to combat terrorism and a Senate document under the direction of and $10 for generic medicines. to ensure a safer and more secure world; and the Joint Committee on Printing the book f Whereas the governments of countries entitled ‘‘A Botanic Garden for the Nation’’, throughout the world strongly condemned prepared by the United States Botanic Gar- SUBMITTED RESOLUTIONS the attacks in Mumbai, including the United dens. States Government and the Governments of (b) SPECIFICATIONS.—The Senate document Pakistan, the United Kingdom, and France: described in subsection (a) shall include il- SENATE RESOLUTION 527—CON- Now, therefore, be it lustrations and shall be in the style, form, DEMNING IN THE STRONGEST Resolved, That the Senate— manner, and binding as directed by the Joint TERMS THE JULY 11, 2006, TER- (1) condemns in the strongest terms the Committee on Printing. RORIST ATTACKS IN INDIA AND July 11, 2006, terrorist attacks in Mumbai, (c) NUMBER OF COPIES.—In addition to the EXPRESSING SYMPATHY AND India; usual number of copies, there shall be print- SUPPORT FOR THE FAMILIES OF (2) expresses its condolences to the fami- ed with suitable binding the lesser of— THE DECEASED VICTIMS AND lies and friends of those individuals killed in (1) 3,075 copies of the document, of which the attacks and expresses its sympathies to 725 copies shall be for the use of the Senate WOUNDED AS WELL AS STEAD- those individuals who have been injured; and 1,470 for the use the House of Represent- FAST SUPPORT TO THE GOVERN- (3) expresses its solidarity with the Gov- atives with distribution determined by the MENT OF INDIA AS IT SEEKS TO ernment and people of India in fighting and Joint Committee on Printing, 880 copies for REASSURE AND PROTECT THE defeating terrorism in all its forms; the use of the Botanic Gardens with distribu- PEOPLE OF INDIA AND TO BRING (4) expresses its support for the enhance- tion determined by the Joint Committee of THE PERPETRATORS OF THIS ment of strategic cooperation between the Congress on the Library; or DESPICABLE ACT OF TERRORISM United States and India, with the goal of (2) a number of copies that does not have a TO JUSTICE combating terrorism and advancing peace total production and printing cost of more and security. than $102,000. Mr. LUGAR (for himself, Mr. BIDEN, f f Mr. FRIST, Mr. REID, Mr. COLEMAN, Mr. FEINGOLD, Mr. VOINOVICH, Mr. ALLEN, SENATE CONCURRENT RESOLU- AMENDMENTS SUBMITTED AND Mr. ALEXANDER, Mr. HAGEL, Mr. TION 108—AUTHORIZING THE PROPOSED OBAMA, Mrs. DOLE, Mr. CORNYN, Ms. PRINTING OF A REVISED EDI- SA 4581. Mr. OBAMA (for himself and Mr. COLLINS, Mr. CHAFEE, Mrs. BOXER, Mrs. TION OF A POCKET VERSION OF DURBIN) submitted an amendment intended CLINTON, Mr. SARBANES, Mr. BROWN- THE UNITED STATES CONSTITU- to be proposed by him to the bill H.R. 5441, BACK, and Mr. SUNUNU) submitted the TION AND OTHER PUBLICATIONS making appropriations for the Department following resolution; which was consid- of Homeland Security for the fiscal year end- Mr. LOTT submitted the following ing September 30, 2007, and for other pur- ered and agreed to: concurrent resolution; which was con- poses; which was ordered to lie on the table. S. RES. 527 sidered and agreed to: SA 4582. Mrs. CLINTON (for herself and Mr. Whereas, on July 11, 2006, during evening SCHUMER) submitted an amendment intended S. CON. RES. 108 rush hour, 7 major explosions occurred on to be proposed by her to the bill H.R. 5441, commuter trains in the Indian financial cap- Resolved by the Senate (the House of Rep- supra; which was ordered to lie on the table. ital of Mumbai, killing as many as 200 and resentatives concurring), SA 4583. Mr. COLEMAN (for himself, Mr. wounding more than 400 innocent people; SECTION 1. POCKET VERSION OF THE UNITED DORGAN, Ms. COLLINS, Ms. STABENOW, Ms. Whereas the Prime Minister of India, STATES CONSTITUTION. SNOWE, and Mr. JEFFORDS) submitted an Manmohan Singh, has urged calm in the (a) IN GENERAL.—The 22nd edition of the amendment intended to be proposed by him country and vowed to take all possible meas- pocket version of the United States Con- to the bill H.R. 5441, supra; which was or- ures to maintain law and order and to defeat stitution shall be printed as a Senate docu- dered to lie on the table. the forces of terrorism; ment under the direction of the Joint Com- SA 4584. Mr. COLEMAN submitted an Whereas the Mumbai attacks occurred mittee on Printing. amendment intended to be proposed by him shortly after a series of grenade attacks took (b) ADDITIONAL COPIES.—In addition to the to the bill H.R. 5441, supra; which was or- the lives of 8 innocent civilians and wounded usual number, there shall be printed the less- dered to lie on the table. 39 others in tourist areas of Srinagar, the er of— SA 4585. Mr. COBURN submitted an capital city of Indian Kashmir; (1) 550,000 copies of the document, of which amendment intended to be proposed by him Whereas the United States and India are 440,000 copies shall be for the use of the to the bill H.R. 5441, supra. both multicultural, multireligious democ- House of Representatives, 100,000 copies shall SA 4586. Mr. SCHUMER submitted an racies that abhor terrorism in all its forms be for the use of the Senate, and 10,000 copies amendment intended to be proposed by him and will continue to work steadfastly to- shall be for the use of the Joint Committee to the bill H.R. 5441, supra; which was or- gether to overcome terrorist ideology and es- on Printing; or dered to lie on the table. SA 4587. Mr. SCHUMER (for himself, Mr. tablish peace and security; (2) such number of copies of the document MENENDEZ, Mrs. CLINTON, Mrs. BOXER, and Whereas the people of India have long as does not exceed a total production and Mr. REED) submitted an amendment in- faced, with bravery and resolve, past acts of printing cost of $198,000 with distribution to tended to be proposed by him to the bill H.R. terrorism, including twin bombings at a be allocated in the same proportion as described in paragraph (1), except that in no 5441, supra. train station and a temple in the Hindu holy SA 4588. Mr. SCHUMER submitted an city of Varanasi that killed 20 people in case shall the number of copies be less than 1 for each Member of Congress. amendment intended to be proposed by him March 2006, a series of bombings in New to the bill H.R. 5441, supra; which was or- SEC. 2. OUR FLAG. Delhi a day before the Hindu festival of dered to lie on the table. Diwali that resulted in the death of more (a) IN GENERAL.—The 2006 revised edition SA 4589. Mr. COBURN proposed an amend- than 60 people in October 2005, 2 simulta- of the publication entitled ‘‘Our Flag’’ shall ment to the bill H.R. 5441, supra. neous car bombings in Mumbai that killed 52 be printed as a Senate document under the SA 4590. Mr. COBURN proposed an amend- people in August 2003, a bombing on a pas- direction of the Joint Committee on Print- ment to the bill H.R. 5441, supra. senger train in Mumbai that killed 10 people ing. SA 4591. Mr. BINGAMAN (for himself, Mr. in March 2003, an attack on a Hindu temple (b) ADDITIONAL COPIES.—In addition to the DOMENICI, Mr. CORNYN, and Mrs. HUTCHISON) in the state of Gujarat that left 33 people usual number, there shall be printed the less- proposed an amendment to the bill H.R. 5441, dead in September 2002, an attack on India’s er of— supra. parliament in New Delhi in December 2001 (1) 550,000 copies of the document, of which SA 4592. Mr. FEINGOLD submitted an that left 14 people dead and precipitated a 5- 440,000 copies shall be for the use of the amendment intended to be proposed by him month military stand off with neighboring House of Representatives, 100,000 copies shall to the bill H.R. 5441, supra; which was or- Pakistan, a series of bombings that struck be for the use of the Senate, and 10,000 copies dered to lie on the table. the Mumbai stock exchange, killing 257 peo- shall be for the use of the Joint Committee SA 4593. Mr. VOINOVICH (for himself, Mr. ple and wounding more than 1,000 others, and on Printing; or BAUCUS, Mr. BIDEN, Mr. BURNS, Ms. CANT- countless attacks in Indian Kashmir that (2) such number of copies of the document WELL, Mr. FEINGOLD, Mr. HARKIN, Mr. KEN- have resulted in the deaths of tens of thou- as does not exceed a total production and NEDY, Mr. KERRY, Mr. LIEBERMAN, Mrs. MUR- sands of people over the last 16 years; printing cost of $215,000 with distribution to RAY, Mr. PRYOR, Mr. ROBERTS, Ms.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7427

STABENOW, and Ms. SNOWE) submitted an to the bill H.R. 5441, supra; which was or- to the bill H.R. 5441, supra; which was or- amendment intended to be proposed by him dered to lie on the table. dered to lie on the table. to the bill H.R. 5441, supra; which was or- SA 4613. Mr. REED submitted an amend- SA 4634. Mr. MENENDEZ (for himself, Mr. dered to lie on the table. ment intended to be proposed by him to the LAUTENBERG, Mrs. CLINTON, and Mr. SCHU- SA 4594. Mr. VOINOVICH (for himself, Mr. bill H.R. 5441, supra; which was ordered to lie MER) submitted an amendment intended to BAUCUS, Mr. BIDEN, Mr. BURNS, Ms. CANT- on the table. be proposed by him to the bill H.R. 5441, WELL, Ms. COLLINS, Mr. FEINGOLD, Mr. HAR- SA 4614. Mr. GREGG (for Mr. BYRD) pro- supra. KIN, Mr. KENNEDY, Mr. KERRY, Mr. LIEBER- posed an amendment to the bill H.R. 5441, SA 4635. Mr. CARPER submitted an amend- MAN, Mrs. MURRAY, Mr. PRYOR, Mr. ROBERTS, supra. ment intended to be proposed by him to the Ms. STABENOW, Ms. SNOWE, and Mr. WARNER) SA 4615. Mr. VITTER (for himself, Mr. bill H.R. 5441, supra; which was ordered to lie submitted an amendment intended to be pro- INHOFE, Mr. ENZI, Mr. THUNE, Mr. BURNS, Mr. on the table. posed by him to the bill H.R. 5441, supra; BROWNBACK, Mr. MARTINEZ, Mr. DOMENICI, SA 4636. Ms. CANTWELL submitted an which was ordered to lie on the table. Mr. GREGG, and Mr. BYRD) proposed an amendment intended to be proposed by her SA 4595. Mr. VOINOVICH (for himself, Mr. amendment to the bill H.R. 5441, supra. to the bill H.R. 5441, supra; which was or- AKAKA, Mr. LEVIN, and Mr. OBAMA) sub- SA 4616. Mr. DURBIN submitted an amend- dered to lie on the table. mitted an amendment intended to be pro- ment intended to be proposed by him to the SA 4637. Ms. STABENOW submitted an posed by him to the bill H.R. 5441, supra; bill H.R. 5441, supra; which was ordered to lie amendment intended to be proposed by her which was ordered to lie on the table. on the table. to the bill H.R. 5441, supra; which was or- SA 4596. Mr. DOMENICI (for himself and SA 4617. Mr. LEVIN (for himself, Ms. STA- dered to lie on the table. Mr. BINGAMAN) submitted an amendment in- BENOW, and Mr . VOINOVICH) submitted an SA 4638. Mrs. BOXER submitted an amend- tended to be proposed by him to the bill H.R. amendment intended to be proposed by him ment intended to be proposed by her to the 5441, supra; which was ordered to lie on the to the bill H.R. 5441, supra; which was or- bill H.R. 5441, supra; which was ordered to lie table. dered to lie on the table. on the table. SA 4597. Mr. DOMENICI (for himself and SA 4618. Mr. DAYTON submitted an SA 4639. Mrs. MURRAY submitted an Mr. BINGAMAN) submitted an amendment in- amendment intended to be proposed by him amendment intended to be proposed by her tended to be proposed by him to the bill H.R. to the bill H.R. 5441, supra; which was or- to the bill H.R. 5441, supra; which was or- 5441, supra; which was ordered to lie on the dered to lie on the table. dered to lie on the table. table. SA 4619. Mr. DURBIN (for himself and Mr. SA 4640. Mrs. MURRAY submitted an SA 4598. Mr. DOMENICI submitted an CARPER) submitted an amendment intended amendment intended to be proposed by her amendment intended to be proposed by him to be proposed by him to the bill H.R. 5441, to the bill H.R. 5441, supra; which was or- to the bill H.R. 5441, supra; which was or- supra; which was ordered to lie on the table. dered to lie on the table. dered to lie on the table. SA 4620. Mr. BYRD (for himself, Mr. LIE- SA 4641. Mr. DODD submitted an amend- SA 4599. Mr. VOINOVICH submitted an BERMAN, and Mr . ROCKEFELLER) proposed an ment intended to be proposed by him to the amendment intended to be proposed by him amendment to the bill H.R. 5441, supra. bill H.R. 5441, supra; which was ordered to lie to the bill H.R. 5441, supra; which was or- SA 4621. Mr. BAUCUS (for himself, Ms. on the table. dered to lie on the table. CANTWELL, Mrs. MURRAY, Mr. BURNS, Mr. SA 4642. Mr. PRYOR submitted an amend- SA 4600. Mr. SCHUMER (for himself and CRAIG, and Mr. COLEMAN) proposed an ment intended to be proposed by him to the Mrs. CLINTON) submitted an amendment in- amendment to the bill H.R. 5441, supra. bill H.R. 5441, supra; which was ordered to lie tended to be proposed by him to the bill H.R. SA 4622. Ms. LANDRIEU submitted an on the table. 5441, supra; which was ordered to lie on the amendment intended to be proposed by her table. to the bill H.R. 5441, supra; which was or- f SA 4601. Mr. SCHUMER submitted an dered to lie on the table. TEXT OF AMENDMENTS amendment intended to be proposed by him SA 4623. Mrs. CLINTON submitted an to the bill H.R. 5441, supra; which was or- amendment intended to be proposed by her SA 4581. Mr. OBAMA (for himself and dered to lie on the table. to the bill H.R. 5441, supra; which was or- Mr. DURBIN) submitted an amendment SA 4602. Mr. PRYOR submitted an amend- dered to lie on the table. intended to be proposed by him to the ment intended to be proposed by him to the SA 4624. Mr. OBAMA (for himself and Mr. bill H.R. 5441, making appropriations bill H.R. 5441, supra; which was ordered to lie COBURN) submitted an amendment intended for the Department of Homeland Secu- on the table. to be proposed by him to the bill H.R. 5441, SA 4603. Mr. BAUCUS (for himself and Ms. supra; which was ordered to lie on the table. rity for the fiscal year ending Sep- CANTWELL) submitted an amendment in- SA 4625. Mr. SUNUNU submitted an tember 30, 2007, and for other purposes; tended to be proposed by him to the bill H.R. amendment intended to be proposed by him which was ordered to lie on the table; 5441, supra; which was ordered to lie on the to the bill H.R. 5441, supra; which was or- as follows: table. dered to lie on the table. On page 98, line 6, before the period insert SA 4604. Mr. BAUCUS submitted an amend- SA 4626. Mr. DODD (for himself and Mr. the following: ‘‘: Provided further, That the ment intended to be proposed by him to the DEWINE) submitted an amendment intended Director of the Federal Emergency Manage- bill H.R. 5441, supra; which was ordered to lie to be proposed by him to the bill H.R. 5441, ment Agency shall designate the Illinois Mu- on the table. supra; which was ordered to lie on the table. tual Aid Box Alarm System Urban Search SA 4605. Mr. BAUCUS submitted an amend- SA 4627. Mr. SESSIONS (for himself and and Rescue Team as part of the National ment intended to be proposed by him to the Mr. ENSIGN) submitted an amendment in- Urban Search and Rescue Response System’’. bill H.R. 5441, supra; which was ordered to lie tended to be proposed by him to the bill H.R. on the table. 5441, supra; which was ordered to lie on the SA 4582. Mrs. CLINTON (for herself SA 4606. Mrs. FEINSTEIN submitted an table. and Mr. SCHUMER) submitted an amendment intended to be proposed by her SA 4628. Mr. SESSIONS (for himself and to the bill H.R. 5441, supra; which was or- Mr. GRASSLEY) submitted an amendment in- amendment intended to be proposed by dered to lie on the table. tended to be proposed by him to the bill H.R. her to the bill H.R. 5441, making appro- SA 4607. Mrs. FEINSTEIN submitted an 5441, supra; which was ordered to lie on the priations for the Department of Home- amendment intended to be proposed by her table. land Security for the fiscal year ending to the bill H.R. 5441, supra; which was or- SA 4629. Mr. SESSIONS submitted an September 30, 2007, and for other pur- dered to lie on the table. amendment intended to be proposed by him poses; which was ordered to lie on the SA 4608. Mr. BIDEN (for himself and Mr. to the bill H.R. 5441, supra; which was or- table; as follows: CARPER) submitted an amendment intended dered to lie on the table. to be proposed by him to the bill H.R. 5441, SA 4630. Mr. SESSIONS (for himself and On page 127, between lines 2 and 3, insert supra; which was ordered to lie on the table. Mr. ENSIGN) submitted an amendment in- the following: SA 4609. Ms. CANTWELL (for herself and tended to be proposed by him to the bill H.R. SEC. 540. The Assistant Secretary of Home- Mr. CRAPO) submitted an amendment in- 5441, supra; which was ordered to lie on the land Security (Transportation Security Ad- tended to be proposed by her to the bill H.R. table. ministration) shall not modify the list of 5441, supra; which was ordered to lie on the SA 4631. Mr. SESSIONS submitted an items prohibited from being carried aboard a table. amendment intended to be proposed by him passenger aircraft operated by an air carrier SA 4610. Mr. THUNE (for himself and Mr. to the bill H.R. 5441, supra; which was or- or foreign air carrier in air transportation or TALENT) proposed an amendment to the bill dered to lie on the table. intrastate air transportation set forth in sec- H.R. 5441, supra. SA 4632. Mr. LEVIN (for himself and Ms. tion 1540 of title 49, Code of Federal Regula- SA 4611. Mrs. MURRAY submitted an STABENOW) submitted an amendment in- tions, so as to permit any item contained on amendment intended to be proposed by her tended to be proposed by him to the bill H.R. the list as of December 1, 2005, to be carried to the bill H.R. 5441, supra; which was or- 5441, supra; which was ordered to lie on the aboard a passenger aircraft. dered to lie on the table. table. SA 4612. Ms. CANTWELL submitted an SA 4633. Mr. ALLARD submitted an SA 4583. Mr. COLEMAN (for himself amendment intended to be proposed by her amendment intended to be proposed by him and Ms. COLLINS, Ms. STABENOW, Ms.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7428 CONGRESSIONAL RECORD — SENATE July 12, 2006 SNOWE, and Mr. JEFFORDS) submitted ‘‘(viii) a pilot program has been conducted tion 202 of the REAL ID Act of 2005 (division an amendment intended to be proposed to demonstrate the effectiveness of the pass- B of Public Law 109–13; 49 U.S.C. 30301 note). by him to the bill H.R. 5441, making ap- port card. ‘‘(ii) The Secretary of State shall develop a propriations for the Department of ‘‘(C) REQUIREMENT TO PRODUCE DOCUMENTA- mechanism to communicate with a partici- Homeland Security for the fiscal year TION.—The plan developed under subpara- pating State to verify the United States citi- graph (A) shall require all United States citizenship status of an applicant who volun- ending September 30, 2007, and for zens, and categories of individuals for whom tarily seeks to have the applicant’s United other purposes; which was ordered to documentation requirements have pre- States citizenship status included on a driv- lie on the table; as follows: viously been waived under section er’s license. Beginning on page 124, strike line 1 and all 212(d)(4)(B) of the Immigration and Nation- ‘‘(iii) All information collected about the that follows through page 126, line 20, and in- ality Act (8 U.S.C. 1182(d)(4)(B)), to carry and individual shall be managed exclusively in sert the following: produce the documentation described in sub- the same manner as information collected SEC. 538. Section 7209(b) of the Intelligence paragraph (A) when traveling from foreign through the passport application process and Reform and Terrorism Prevention Act of 2004 countries into the United States. no other distribution or use of such informa- (Public Law 108–458; 8 U.S.C. 1185 note) is ‘‘(D) PASSPORT CARD FEES.— tion shall be permitted. amended to read as follows: ‘‘(i) LIMITATION ON FEES.—The application ‘‘(iv) A State may not require an indi- ‘‘(b) PASSPORTS, OTHER TRAVEL DOCU- fee for a passport card under this paragraph vidual to include the individual’s citizenship MENTS, AND DEMONSTRATION PROGRAMS.— shall be as low as possible and, except as pro- status on a driver’s license. ‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMEN- vided in clause (ii), such fee may not exceed ‘‘(v) Notwithstanding any other provision TATION.— ‘‘(A) IN GENERAL.—The Secretary of Home- $24. of law, a driver’s license which meets the re- land Security, in consultation with the Sec- ‘‘(ii) EXCEPTION.— quirements of this subparagraph shall be retary of State, shall develop and implement ‘‘(I) IN GENERAL.—The application fee for a deemed to be sufficient documentation to a plan as expeditiously as possible to require passport card under this paragraph may be permit the bearer to enter the United States a passport or other document, or combina- not exceed $34 if the Secretary of State, the from Canada or Mexico through not less than tion of documents, including a passport card, Secretary of Homeland Security, and the at least 1 designated international border deemed by the Secretary of Homeland Secu- Postmaster General jointly certify to Con- crossing in each State participating in the rity to be sufficient to denote identity and gress that the cost to produce and issue a demonstration program. citizenship, for all travel into the United passport card significantly exceeds $24 and ‘‘(B) AUTHORITY TO EXPAND.—The Secretary States by United States citizens and by cat- provide to Congress a detailed analysis of of State and the Secretary of Homeland Se- egories of individuals for whom documenta- such cost. curity may expand the use of demonstration tion requirements have previously been ‘‘(II) AUDIT.—If the fee for a passport card programs under this paragraph so that such waived under section 212(d)(4)(B) of the Im- exceeds $24 pursuant to subclause (I), the program is carried out in additional States, migration and Nationality Act (8 U.S.C. Comptroller General of the United States through additional ports of entry, for addi- 1182(d)(4)(B)). This plan shall be implemented shall conduct an audit to determine whether tional foreign countries, and in a manner not later than 3 months after the Secretary passport cards are issued at the lowest pos- that permits the use of additional types of of State and the Secretary of Homeland Se- sible cost. identification documents to prove identity curity make the certifications required in ‘‘(iii) REDUCTION OF FEE.—The fee for a under the program. subparagraph (B), or June 1, 2009, whichever passport card shall be reduced for an indi- ‘‘(C) STUDY.—Not later than 6 months after is earlier. The plan shall seek to expedite the vidual who submits an application for a pass- the date that the demonstration program travel of frequent travelers, including those port card together with an application for a under this paragraph is implemented, the who reside in border communities, and in United States passport. Comptroller General of the United States doing so, shall make readily available a reg- ‘‘(iv) WAIVER OF FEE FOR CHILDREN.—The shall conduct a study of— istered traveler program (as described in sec- fee for a passport card shall be waived for a ‘‘(i) the cost of the production and issuance tion 7208(k)). child under 18 years of age. of documents that meet the requirements of ‘‘(B) CERTIFICATION.—The Secretary of ‘‘(2) INDIVIDUALS LACKING APPROPRIATE DOC- the program compared with other travel doc- Homeland Security and the Secretary of UMENTATION.— uments; State shall jointly certify to the Committee ‘‘(A) IN GENERAL.—In addition to the pro- ‘‘(ii) the impact of the program on the flow on Appropriations of the Senate and the gram described in paragraph (1), the Sec- of cross-border traffic and the economic im- Committee on Appropriations of the House retary of Homeland Security shall establish pact of the program; and of Representatives that the following cri- a program that satisfies the requirements of ‘‘(iii) the security of travel documents that teria have been met— this section— meet the requirements of the program com- ‘‘(i) the National Institutes of Standards ‘‘(i) to permit a citizen of the United pared with other travel documents. and Technology has certified that the card States who has not been issued a United ‘‘(D) RULE OF CONSTRUCTION.—Nothing in architecture meets the International Organi- States passport or other appropriate travel this paragraph shall have the effect of cre- zation for Standardization ISO 14443 security document to cross the international border ating a national identity card. standards, or justifies a deviation from such and return to the United States within a 72- ‘‘(4) RECIPROCITY WITH CANADA.—Notwith- standard; hour period, on a limited basis, and at no ad- standing any other provision of law, if the ‘‘(ii) the technology to be used by the ditional fee; or Secretary of State and the Secretary of United States for the passport card, and any ‘‘(ii) to establish a process to ascertain the Homeland Security certify that certain iden- subsequent change to that technology, has identity of, and make admissibility deter- tity documents issued by Canada (or any of been shared with the governments of Canada minations for, a citizen described in sub- its provinces) meet security and citizenship and Mexico; clause (i) upon the arrival of such citizen at standards comparable to the requirements ‘‘(iii) an agreement has been reached with an international border of the United States. described in paragraph (1), the Secretary the United States Postal Service on the fee ‘‘(B) GRACE PERIOD.—During a time period may determine that such documents are suf- to be charged to an individual for processing determined by the Secretary of Homeland ficient to permit entry into the United of the passport card, and a detailed justifica- Security, officers of Department of Home- States. The Secretary of Homeland Security tion has been submitted to the Committee land Security may permit individuals who shall work, to the maximum extent possible, on Appropriations of the Senate and the are citizens of the United States or Canada to ensure that identification documents Committee on Appropriations of the House and who are unaware of the requirements of issued by Canada that permit entry into the of Representatives; this section or who otherwise lacking appro- United States under this subparagraph con- ‘‘(iv) an alternative procedure has been de- priate documentation, to enter the United tain the same technology as identification veloped for groups of children traveling States upon a demonstration of citizenship documents issued by the United States (or across an international border under adult satisfactory to the officer and shall educate any State). supervision with parental consent; such individuals about documentary require- ‘‘(5) ADDITIONAL PILOT PROGRAMS.—To the ‘‘(v) the necessary technological infra- ments. maximum extent possible, the Secretary of structure to process the passport cards has ‘‘(3) STATE ENROLLMENT DEMONSTRATION Homeland Security shall seek to conduct been installed, and all employees at ports of PROGRAMS.— pilot programs related to passport cards entry have been properly trained in the use ‘‘(A) IN GENERAL.—Notwithstanding any issued pursuant to this subsection and the of the new technology; other provision of law, the Secretary of demonstration programs described in this ‘‘(vi) the passport card has been made State and the Secretary of Homeland Secu- subsection at ports of entry located on the available for the purpose of international rity shall enter into a memorandum of un- international border between the United travel by United States citizens through derstanding with 1 or more appropriate States and Canada or the international bor- land and sea ports of entry between the States to carry out at least 1 demonstration der between the United States and Mexico. United States and Canada, Mexico, the Car- program as follows: ‘‘(6) EXPANSION OF NEXUS AND SENTRI TECH- ibbean, and Bermuda; ‘‘(i) A State may include an individual’s NOLOGY.—The Secretary of Homeland Secu- ‘‘(vii) a single implementation date for sea United States citizenship status on a driver’s rity, in consultation with the appropriate of- and land borders has been established; and license which meets the requirements of sec- ficials of the Government of Canada, shall

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7429 equip at least 6 additional ports of entry lo- (C) search and seizure; 402 of S. Con. Res. 83 (109th Congress), the cated along the northern international bor- (D) defensive and high speed driving; concurrent resolution on the budget for fis- der of the United States with NEXUS tech- (E) mobility training; cal year 2007, as made applicable in the Sen- nology and 6 additional ports of entry lo- (F) the use of all-terrain vehicles, ate by section 7035 of Public Law 109–234’’ cated along the southern international bor- watercraft, aircraft and snowmobiles; and after ‘‘security grants’’. der of the United States with SENTRI tech- (G) safety issues related to biological and nology. chemical hazards; SA 4588. Mr. SCHUMER submitted an ‘‘(7) BOAT LANDING PROGRAMS.—The Sec- (2) technology upgrades and integration; amendment intended to be proposed by retary of Homeland Security shall conduct and him to the bill H.R. 5441, making ap- and expand trusted traveler programs and (3) matters relating directly to terrorist propriations for the Department of pilot programs to facilitate expedited proc- threats and issues, including— Homeland Security for the fiscal year essing of United States citizens returning (A) profiling; ending September 30, 2007, and for from pleasure craft trips in Canada, Mexico, (B) changing tactics; other purposes; which was ordered to the Caribbean, or Bermuda. The Secretary (C) language; shall conduct one such program in Florida (D) culture; and lie on the table; as follows: that is modeled on the Department of Home- (E) communications. On page 80, line 19, strike ‘‘$37,200,000, to land Security’s Canadian Border Boat Land- remain available until September 30, 2008.’’ ing (I-68) Program. SA 4585. Mr. COBURN submitted an and insert ‘‘$87,200,000, to remain available ‘‘(8) PUBLIC INFORMATION.—The Secretary amendment intended to be proposed by until September 30, 2008, of which $50,000,000 shall be made available to develop and im- of State, in consultation with the Secretary him to the bill H.R. 5441, making ap- of Homeland Security, shall develop and implement a system, either directly or by pro- propriations for the Department of viding technical and financial assistance to plement an outreach plan to inform United Homeland Security for the fiscal year States citizens of the initiatives and pro- motor carriers through a competitive grant grams carried out under this subsection and ending September 30, 2007, and for program, to enable motor carriers and the of the other provisions of this Act, to facili- other purposes; as follows: Department of Homeland Security to imme- tate the acquisition of appropriate docu- After section 539, insert the following: diately identify the exact location of a commercial motor vehicle carrying a hazardous mentation to travel to Canada, Mexico, the SEC. 540. None of the amounts available or countries located in the Caribbean, and Ber- otherwise available to the Coast Guard under materials shipment (as defined in section muda, and to educate United States citizens title II of this Act under the heading 385.403 of title 49, Code of Federal Regula- tions): Provided, That the amount provided who are unaware of the requirements for ‘‘UNITED STATES COAST GUARD’’ under the under this header is designated as an emer- such travel. Such outreach plan should in- heading ‘‘OPERATING EXPENSES’’ may be obli- gency requirement pursuant to section 402 of clude— gated or expended for the continuation of op- S. Con. Res. 83 (109th Congress), the concur- ‘‘(A) written notifications posted at or erations at Long Range Aids to Navigation rent resolution on the budget for fiscal year near public facilities, including border cross- (LORAN) stations nationwide. 2007, as made applicable in the Senate by sec- ings, schools, libraries, Amtrak stations, and tion 7035 of Public Law 109–234.’’. United States Post Offices located within 50 SA 4586. Mr. SCHUMER submitted an miles of the international border between amendment intended to be proposed by SA 4589. Mr. COBURN proposed an the United States and Canada or the inter- him to the bill H.R. 5441, making ap- amendment to the bill H.R. 5441, mak- national border between the United States propriations for the Department of ing appropriations for the Department and Mexico and other ports of entry; Homeland Security for the fiscal year ‘‘(B) provisions to seek consent to post of Homeland Security for the fiscal such notifications on commercial property, ending September 30, 2007, and for year ending September 30, 2007, and for such as offices of State departments of other purposes; which was ordered to other purposes; as follows: motor vehicles, gas stations, supermarkets, lie on the table; as follows: At the appropriate place, add the fol- convenience stores, hotels, and travel agen- On page 127, between lines 2 and 3, insert lowing: cies; the following: Notwithstanding any other provision of ‘‘(C) the collection and analysis of data to SEC. 540. None of the funds appropriated this act, the amount made available in title measure the success of the public promotion under this Act may be used to promulgate III of this Act under the heading ‘‘Office for plan; and regulations to implement the plan developed Domestic Preparedness, State and Local Pro- ‘‘(D) additional activities that the Sec- under section 7209(b) of the 9/11 Commission grams’’ is reduced by $25,000,000 and the retary of State determines are appropriate.’’. Implementation Act of 2004 (8 U.S.C. 1185 amount made available under such heading note) unless the fee charged for a PASS card for ‘‘training, exercises, technical assistance, SA 4584. Mr. COLEMAN submitted an or any other acceptable border crossing doc- and other programs’’ is reduced by amendment intended to be proposed by ument issued by the Department of State or $25,000,000. him to the bill H.R. 5441, making ap- the Department of Homeland Security pursu- propriations for the Department of ant to that plan is— SA 4590. Mr. COBURN proposed an Homeland Security for the fiscal year (1) not more than $20 per document; and amendment to the bill H.R. 5441, mak- ending September 30, 2007, and for (2) waived for all children under the age of ing appropriations for the Department other purposes; which was ordered to 18. of Homeland Security for the fiscal lie on the table; as follows: year ending September 30, 2007, and for SA 4587. Mr. SCHUMER (for himself, other purposes; as follows: On page 127, between lines 2 and 3, insert Mr. MENENDEZ, Mrs. CLINTON, Mrs. the following: On page 127, between lines 2 and 3 insert OXER EED SEC. 540. (a) The Comptroller General of B , and Mr. R ) submitted an the following: the United States, in consultation with the amendment intended to be proposed by SEC. ll. Notwithstanding any other pro- Secretary of Homeland Security, shall con- him to the bill H.R. 5441, making ap- vision of this Act, $1,000,000 shall be made duct a study to examine the feasibility of es- propriations for the Department of available from appropriations for training, tablishing a northern border training facility Homeland Security for the fiscal year exercises, technical assistance, and other programs under paragraph (4) under the sub- at Rainy River Community College in Inter- ending September 30, 2007, and for heading ‘‘STATE AND LOCAL PROGRAMS’’ under national Falls, Minnesota to carry out the other purposes; as follows: training programs described in this sub- the heading ‘‘OFFICE FOR DOMESTIC PRE- section. On page 91, line 6, strike ‘‘$2,393,500,000’’ PAREDNESS’’ under title III, for the Chief Fi- (b) The training facility should be designed and insert ‘‘$2,693,500,000’’. nancial Officer of the Department of Home- to allow the Secretary to conduct a variety On page 91, line 22, strike ‘‘$1,172,000,000’’ land Security to ensure compliance with the of supplemental and periodic training pro- and insert ‘‘$1,472,000,000’’. Improper Payments Information Act of 2002 grams for border security personnel sta- On page 92, line 13, strike ‘‘$150,000,000’’ and (31 U.S.C. 3321 note). tioned along the northern international bor- insert ‘‘$450,000,000’’. der between the United States and Canada. On page 92, line 16, insert ‘‘: Provided, That SA 4591. Mr. BINGAMAN (for him- (c) The training curriculum, as determined not less than $50,000,000 shall be made avail- self, Mr. DOMENICI, Mr. CORNYN, Mrs. by the Secretary, would be offered at the able for grants for transit and intercity pas- HUTCHISON) proposed an amendment to training facility through multi-day training senger rail security research and develop- the bill H.R. 5441, making appropria- programs involving classroom and real-world ment: Provided further, That not less than tions for the Department of Homeland applications, and would include training in— $50,000,000 shall be made available for grants (1) a variety of disciplines relating to of- for overtime compensation in high threat Security for the fiscal year ending Sep- fensive and defensive skills for personnel and areas’’ after ‘‘transit security grants: Pro- tember 30, 2007, and for other purposes; vehicle safety, including— vided further, That the amount provided as follows: (A) firearms and weapons; under this subparagraph is designated as an On page 127, between lines 2 and 3, insert (B) self defense; emergency requirement pursuant to section the following:

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7430 CONGRESSIONAL RECORD — SENATE July 12, 2006

TITLE VI—BORDER LAW ENFORCEMENT (3) COMPETITIVE BASIS.—The Secretary (f) SUPPLEMENT NOT SUPPLANT.—Amounts RELIEF ACT shall award grants under this subsection on appropriated for grants under this section SEC. 601. SHORT TITLE. a competitive basis, except that the Sec- shall be used to supplement and not supplant This title may be cited as the ‘‘Border Law retary shall give priority to applications other State and local public funds obligated Enforcement Relief Act of 2006’’ from any eligible law enforcement agency for the purposes provided under this title. SEC. 602. FINDINGS. serving a community— SEC. 604. ENFORCEMENT OF FEDERAL IMMIGRA- Congress finds the following: (A) with a population of less than 50,000; TION LAW. (1) It is the obligation of the Federal Gov- and Nothing in this title shall be construed to ernment of the United States to adequately (B) located no more than 100 miles from a authorize State or local law enforcement secure the Nation’s borders and prevent the United States border with— agencies or their officers to exercise Federal flow of undocumented persons and illegal (i) Canada; or immigration law enforcement authority. drugs into the United States. (ii) Mexico. (2) Despite the fact that the United States (b) USE OF FUNDS.—Grants awarded pursu- SA 4592. Mr. FEINGOLD submitted Border Patrol apprehends over 1,000,000 peo- ant to subsection (a) may only be used to an amendment intended to be proposed ple each year trying to illegally enter the provide additional resources for an eligible by him to the bill H.R. 5441, making ap- United States, according to the Congres- law enforcement agency to address criminal propriations for the Department of sional Research Service, the net growth in activity occurring along any such border, in- the number of unauthorized aliens has including— Homeland Security for the fiscal year creased by approximately 500,000 each year. (1) to obtain equipment; ending September 30, 2007, and for The Southwest border accounts for approxi- (2) to hire additional personnel; other purposes; which was ordered to mately 94 percent of all migrant apprehen- (3) to upgrade and maintain law enforce- lie on the table; as follows: sions each year. Currently, there are an esti- ment technology; On page 127, between lines 2 and 3, insert mated 11,000,000 unauthorized aliens in the (4) to cover operational costs, including the following: United States. overtime and transportation costs; and SEC. 540. (a) The Transportation Security (3) The border region is also a major cor- (5) such other resources as are available to Administration shall require each air carrier ridor for the shipment of drugs. According to assist that agency. and foreign air carrier that provides air the El Paso Intelligence Center, 65 percent of (c) APPLICATION.— transportation or intrastate air transpor- the narcotics that are sold in the markets of (1) IN GENERAL.—Each eligible law enforce- tation to submit plans to the Transportation the United States enter the country through ment agency seeking a grant under this sec- Security Administration on how such air the Southwest Border. tion shall submit an application to the Sec- carrier will participate in the voluntary pro- (4) Border communities continue to incur retary at such time, in such manner, and ac- vision of emergency services program estab- significant costs due to the lack of adequate companied by such information as the Sec- lished by section 44944(a) of title 49, United border security. A 2001 study by the United retary may reasonably require. States Code. States-Mexico Border Counties Coalition (2) CONTENTS.—Each application submitted (b)(1) Not more than 90 days after the date found that law enforcement and criminal pursuant to paragraph (1) shall— of the enactment of this Act, the Transpor- justice expenses associated with illegal im- (A) describe the activities for which assist- tation Security Administration shall prepare migration exceed $89,000,000 annually for the ance under this section is sought; and a report that contains the following: Southwest border counties. (B) provide such additional assurances as (A) Procedures that qualified individuals (5) In August 2005, the States of New Mex- the Secretary determines to be essential to need to follow in order to participate in the ico and Arizona declared states of emergency ensure compliance with the requirements of program described in subsection (a). in order to provide local law enforcement this section. (B) Relevant contacts for individuals inter- immediate assistance in addressing criminal (d) DEFINITIONS.—For the purposes of this ested in participating in the program de- activity along the Southwest border. section: scribed in subsection (a). (6) While the Federal Government provides (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— (2) The Transportation Security Adminis- States and localities assistance in covering The term ‘‘eligible law enforcement agency’’ tration shall make the report required by costs related to the detention of certain means a tribal, State, or local law enforce- paragraph (1) available, by Internet web site criminal aliens and the prosecution of Fed- ment agency— or other appropriate method, to the fol- eral drug cases, local law enforcement along (A) located in a county no more than 100 lowing: the border are provided no assistance in cov- miles from a United States border with— (A) The Congress. ering such expenses and must use their lim- (i) Canada; or (B) The emergency response agency of each ited resources to combat drug trafficking, (ii) Mexico; or human smuggling, kidnappings, the destruc- State. tion of private property, and other border-re- (B) located in a county more than 100 miles (C) The relevant organizations rep- lated crimes. from any such border, but where such county resenting individuals to participate in the (7) The United States shares 5,525 miles of has been certified by the Secretary as a High program. border with Canada and 1,989 miles with Impact Area. Mexico. Many of the local law enforcement (2) HIGH IMPACT AREA.—The term ‘‘High SA 4593. Mr. VOINOVICH (for him- agencies located along the border are small, Impact Area’’ means any county designated self, Mr. BAUCUS, Mr. BIDEN, Mr. rural departments charged with patrolling by the Secretary as such, taking into consid- BURNS, Ms. CANTWELL, Mr. FEINGOLD, eration— large areas of land. Counties along the Mr. HARKIN, Mr. KENNEDY, Mr. KERRY, (A) whether local law enforcement agen- Southwest United States-Mexico border are Mr. LIEBERMAN, Mrs. MURRAY, Mr. cies in that county have the resources to some of the poorest in the country and lack PRYOR, Mr. ROBERTS, Ms. STABENOW, the financial resources to cover the addi- protect the lives, property, safety, or welfare and Ms. SNOWE) submitted an amend- tional costs associated with illegal immigra- of the residents of that county; tion, drug trafficking, and other border-re- (B) the relationship between any lack of ment intended to be proposed by him lated crimes. security along the United States border and to the bill H.R. 5441, making appropria- (8) Federal assistance is required to help the rise, if any, of criminal activity in that tions for the Department of Homeland local law enforcement operating along the county; and Security for the fiscal year ending Sep- border address the unique challenges that (C) any other unique challenges that local tember 30, 2007, and for other purposes; arise as a result of their proximity to an law enforcement face due to a lack of secu- which was ordered to lie on the table; rity along the United States border. international border and the lack of overall as follows: border security in the region (3) SECRETARY.—The term ‘‘Secretary’’ SEC. 603. BORDER RELIEF GRANT PROGRAM. means the Secretary of the Department of On page 95, line 5, strike ‘‘$205,000,000’’ and (a) GRANTS AUTHORIZED.— Homeland Security. insert ‘‘$235,000,000’’. (1) IN GENERAL.—The Secretary is author- (e) AUTHORIZATION OF APPROPRIATIONS.— On page 98, line 24, strike ‘‘$1,640,000,000’’ ized to award grants, subject to the avail- (1) IN GENERAL.—There are authorized to be and insert ‘‘$1,610,000,000’’. ability of appropriations, to an eligible law appropriated $50,000,000 for each of fiscal enforcement agency to provide assistance to years 2007 through 2011 to carry out the pro- SA 4594. Mr. VOINOVICH (for him- such agency to address— visions of this section. self, Mr. BAUCUS, Mr. BIDEN, Mr. (A) criminal activity that occurs in the ju- (2) DIVISION OF AUTHORIZED FUNDS.—Of the BURNS, Ms. CANTWELL, MS. COLLINS, risdiction of such agency by virtue of such amounts authorized under paragraph (1)— Mr. FEINGOLD, Mr. HARKIN, Mr. KEN- 2 agency’s proximity to the United States bor- (A) ⁄3 shall be set aside for eligible law en- NEDY, Mr. KERRY, Mr. LIEBERMAN, Mrs. der; and forcement agencies located in the 6 States MURRAY, Mr. PRYOR, Mr. ROBERTS, Ms. (B) the impact of any lack of security with the largest number of undocumented along the United States border. alien apprehensions; and STABENOW, Ms. SNOWE, and Mr. WAR- (2) DURATION.—Grants may be awarded (B) 1⁄3 shall be set aside for areas des- NER) submitted an amendment in- under this subsection during fiscal years 2007 ignated as a High Impact Area under sub- tended to be proposed by him to the through 2011. section (d). bill H.R. 5441, making appropriations

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7431 for the Department of Homeland Secu- ters related to the management of the De- the Homeland Security Act of 2002 (6 U.S.C. rity for the fiscal year ending Sep- partment, including management integra- 341), as added by this Act; and tember 30, 2007, and for other purposes; tion and transformation in support of home- (2) may be appointed Deputy Secretary of which was ordered to lie on the table; land security operations and programs.’’ be- Homeland Security for Management, if such fore ‘‘The Secretary’’; appointment is otherwise in accordance with as follows: (B) by striking ‘‘Under Secretary for Man- sections 103 and 701 of the Homeland Secu- On page 95, line 5, strike ‘‘$205,000,000’’ and agement’’ and inserting ‘‘Deputy Secretary rity Act of 2002 (6 U.S.C. 113 and 341), as insert ‘‘$220,000,000’’. of Homeland Security for Management’’; amended by this Act. On page 98, line 24, strike ‘‘$1,640,000,000’’ (C) by striking paragraph (7) and inserting (e) REFERENCES.—References in any other and insert ‘‘$1,625,000,000’’. the following: Federal law, Executive order, rule, regula- ‘‘(7) Strategic planning and annual per- tion, or delegation of authority, or any docu- SA 4595. Mr. VOINOVICH (for him- formance planning and identification and ment of or relating to the Under Secretary self, Mr. AKAKA, Mr. LEVIN, and Mr. tracking of performance measures relating for Management of the Department of Home- OBAMA) submitted an amendment in- to the responsibilities of the Department.’’; land Security shall be deemed to refer to the tended to be proposed by him to the and Deputy Secretary of Homeland Security for Management. bill H.R. 5441, making appropriations (D) by striking paragraph (9), and inserting the following: (f) TECHNICAL AND CONFORMING AMEND- for the Department of Homeland Secu- ‘‘(9) The integration and transformation MENTS.— rity for the fiscal year ending Sep- process, to ensure an efficient and orderly (1) OTHER REFERENCE.—Section 702(a) of tember 30, 2007, and for other purposes; consolidation of functions and personnel to the Homeland Security Act of 2002 (6 U.S.C. which was ordered to lie on the table; the Department, including the development 342(a)) is amended by striking ‘‘Under Sec- as follows: of a management integration strategy for retary for Management’’ and inserting ‘‘Dep- the Department.’’; and uty Secretary of Homeland Security for On page 127, between lines 2 and 3, insert Management’’. the following: (3) in subsection (b)— (A) in paragraph (1), by striking ‘‘Under (2) TABLE OF CONTENTS.—The table of con- SEC. lll. DEPUTY SECRETARY OF HOMELAND Secretary for Management’’ and inserting tents in section 1(b) of the Homeland Secu- SECRETARY FOR MANAGEMENT. ‘‘Deputy Secretary of Homeland Security for rity Act of 2002 (6 U.S.C. 101(b)) is amended (a) ESTABLISHMENT AND SUCCESSION.—Sec- Management’’; and by striking the item relating to section 701 tion 103 of the Homeland Security Act of 2002 (B) in paragraph (2), by striking ‘‘Under and inserting the following: (6 U.S.C. 113) is amended— Secretary for Management’’ and inserting ‘‘Sec. 701. Deputy Secretary of Homeland (1) in subsection (a)— ‘‘Deputy Secretary of Homeland Security for Security for Management.’’. (A) in the subsection heading, by striking Management’’. ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY (3) EXECUTIVE SCHEDULE.—Section 5313 of (c) APPOINTMENT, EVALUATION, AND RE- SECRETARIES’’; title 5, United States Code, is amended by in- APPOINTMENT.—Section 701 of the Homeland (B) by striking paragraph (7); serting after the item relating to the Deputy Security Act of 2002 (6 U.S.C. 341), as amend- Secretary of Homeland Security the fol- (C) by redesignating paragraphs (2) ed by this Act, is further amended by adding through (6) as paragraphs (3) through (7), re- lowing: at the end the following: ‘‘Deputy Secretary of Homeland Security spectively; and ‘‘(c) APPOINTMENT, EVALUATION, AND RE- for Management.’’. (D) by striking paragraph (1) and inserting APPOINTMENT.—The Deputy Secretary of the following: Homeland Security for Management— ‘‘(1) A Deputy Secretary of Homeland Se- ‘‘(1) shall be appointed by the President, by SA 4596. Mr. DOMENICI (for himself curity. and with the advice and consent of the Sen- and Mr. BINGAMAN) submitted an ‘‘(2) A Deputy Secretary of Homeland Se- ate, from among persons who have— amendment intended to be proposed by curity for Management.’’; and ‘‘(A) extensive executive level leadership him to the bill H.R. 5441, making ap- (2) by adding at the end the following: and management experience in the public or propriations for the Department of ‘‘(g) VACANCIES.— private sector; Homeland Security for the fiscal year ‘‘(1) VACANCY IN OFFICE OF SECRETARY.— ‘‘(B) strong leadership skills; ending September 30, 2007, and for ‘‘(A) DEPUTY SECRETARY.—In case of a va- ‘‘(C) a demonstrated ability to manage cancy in the office of the Secretary, or of the other purposes; which was ordered to large and complex organizations; and lie on the table; as follows: absence or disability of the Secretary, the ‘‘(D) a proven record in achieving positive Deputy Secretary of Homeland Security may operational results; On page 127, between lines 2 and 3, insert exercise all the duties of that office, and for ‘‘(2) shall— the following: the purpose of section 3345 of title 5, United ‘‘(A) serve for a term of 5 years; and TITLE VI—BORDER INFRASTRUCTURE States Code, the Deputy Secretary of Home- ‘‘(B) be subject to removal by the Presi- AND TECHNOLOGY MODERNIZATION land Security is the first assistant to the dent if the President— SEC. 601. SHORT TITLE. Secretary. ‘‘(i) finds that the performance of the Dep- This title may be cited as the ‘‘Border In- ‘‘(B) DEPUTY SECRETARY FOR MANAGE- uty Secretary of Homeland Security for frastructure and Technology Modernization MENT.—When by reason of absence, dis- Management is unsatisfactory; and Act’’. ability, or vacancy in office, neither the Sec- ‘‘(ii) communicates the reasons for remov- SEC. 602. DEFINITIONS. retary nor the Deputy Secretary of Home- ing the Deputy Secretary of Homeland Secu- In this title: land Security is available to exercise the du- rity for Management to Congress before such (1) COMMISSIONER.—The term ‘‘Commis- ties of the office of the Secretary, the Dep- removal; sioner’’ means the Commissioner of United uty Secretary of Homeland Security for ‘‘(3) may be reappointed in accordance with States Customs and Border Protection of the Management shall act as Secretary. paragraph (1), if the Secretary has made a Department of Homeland Security. ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC- satisfactory determination under paragraph (2) MAQUILADORA.—The term RETARY.—In the case of a vacancy in the of- (5) for the 3 most recent performance years; ‘‘maquiladora’’ means an entity located in fice of the Deputy Secretary of Homeland ‘‘(4) shall enter into an annual performance Mexico that assembles and produces goods Security, or of the absence or disability of agreement with the Secretary that shall set from imported parts for export to the United the Deputy Secretary of Homeland Security, forth measurable individual and organiza- States. the Deputy Secretary of Homeland Security tional goals; and (3) NORTHERN BORDER.—The term ‘‘north- for Management may exercise all the duties ‘‘(5) shall be subject to an annual perform- ern border’’ means the international border of that office. ance evaluation by the Secretary, who shall between the United States and Canada. ‘‘(3) FURTHER ORDER OF SUCCESSION.—The determine as part of each such evaluation (4) SOUTHERN BORDER.—The term ‘‘southern Secretary may designate such other officers whether the Deputy Secretary of Homeland border’’ means the international border be- of the Department in further order of succes- Security for Management has made satisfac- tween the United States and Mexico. sion to act as Secretary.’’. tory progress toward achieving the goals set (5) UNDER SECRETARY.—The term ‘‘Under (b) RESPONSIBILITIES.—Section 701 of the out in the performance agreement required Secretary’’ means the Under Secretary for Homeland Security Act of 2002 (6 U.S.C. 341) under paragraph (4).’’. Border and Transportation Security of the is amended— (d) INCUMBENT.—The individual who serves Department of Homeland Security. (1) in the section heading, by striking in the position of Under Secretary for Man- SEC. 603. HIRING AND TRAINING OF BORDER AND ‘‘UNDER SECRETARY’’ and inserting ‘‘DEP- agement of the Department of Homeland Se- TRANSPORTATION SECURITY PER- UTY SECRETARY OF HOMELAND SECU- curity on the date of enactment of this Act— SONNEL. RITY’’; (1) may perform all the duties of the Dep- (a) INSPECTORS AND AGENTS.— (2) in subsection (a)— uty Secretary of Homeland Security for (1) INCREASE IN INSPECTORS AND AGENTS.— (A) by inserting ‘‘The Deputy Secretary of Management at the pleasure of the Presi- During each of the fiscal years 2008 through Homeland Security for Management shall dent, until a Deputy Secretary of Homeland 2012, the Under Secretary shall— serve as the Chief Management Officer and Security for Management is appointed in ac- (A) increase the number of full-time agents principal advisor to the Secretary on mat- cordance with subsection (c) of section 701 of and associated support staff in the Bureau of

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7432 CONGRESSIONAL RECORD — SENATE July 12, 2006

Immigration and Customs Enforcement of (b) VULNERABILITY ASSESSMENT.— (c) DEMONSTRATION SITES.— the Department of Homeland Security by the (1) IN GENERAL.—The plan required in sub- (1) NUMBER.—The Under Secretary shall equivalent of at least 100 more than the section (a) shall include a vulnerability as- carry out the demonstration program at not number of such employees in the Bureau as sessment of each port of entry located on the less than 3 sites and not more than 5 sites. of the end of the preceding fiscal year; and northern border or the southern border. (2) SELECTION CRITERIA.—To ensure that at (B) increase the number of full-time in- (2) PORT SECURITY COORDINATORS.—The least 1 of the facilities selected as a port of spectors and associated support staff in the Under Secretary may establish 1 or more entry demonstration site for the demonstra- Bureau of Customs and Border Protection by port security coordinators at each port of tion program has the most up-to-date design, the equivalent of at least 200 more than the entry located on the northern border or the contains sufficient space to conduct the number of such employees in the Bureau as southern border— demonstration program, has a traffic volume of the end of the preceding fiscal year. (A) to assist in conducting a vulnerability low enough to easily incorporate new tech- (2) WAIVER OF FTE LIMITATION.—The Under assessment at such port; and nologies without interrupting normal proc- Secretary is authorized to waive any limita- (B) to provide other assistance with the essing activity, and can efficiently carry out tion on the number of full-time equivalent preparation of the plan required in sub- demonstration and port of entry operations, personnel assigned to the Department of section (a). at least 1 port of entry selected as a dem- Homeland Security to fulfill the require- SEC. 606. EXPANSION OF COMMERCE SECURITY onstration site shall— ments of paragraph (1). PROGRAMS. (A) have been established not more than 15 (b) TRAINING.—The Under Secretary shall (a) CUSTOMS-TRADE PARTNERSHIP AGAINST years before the date of the enactment of provide appropriate training for agents, in- TERRORISM.— this Act; spectors, and associated support staff on an (1) IN GENERAL.—Not later than 180 days (B) consist of not less than 65 acres, with ongoing basis to utilize new technologies and after the date of enactment of this Act, the the possibility of expansion to not less than to ensure that the proficiency levels of such Commissioner, in consultation with the 25 adjacent acres; and personnel are acceptable to protect the bor- Under Secretary, shall develop a plan to ex- (C) have serviced an average of not more ders of the United States. pand the size and scope, including personnel, than 50,000 vehicles per month during the 1- SEC. 604. PORT OF ENTRY INFRASTRUCTURE AS- of the Customs–Trade Partnership Against year period ending on the date of the enact- SESSMENT STUDY. Terrorism programs along the northern bor- ment of this Act. (a) REQUIREMENT TO UPDATE.—Not later der and southern border, including— than January 31 of each year, the Adminis- (d) RELATIONSHIP WITH OTHER AGENCIES.— (A) the Business Anti-Smuggling Coalition; The Under Secretary shall permit personnel trator of General Services shall update the (B) the Carrier Initiative Program; Port of Entry Infrastructure Assessment from an appropriate Federal or State agency (C) the Americas Counter Smuggling Ini- to utilize a demonstration site described in Study prepared by the Bureau of Customs tiative; and Border Protection in accordance with subsection (c) to test technologies that en- (D) the Container Security Initiative; hance port of entry operations, including the matter relating to the ports of entry in- (E) the Free and Secure Trade Initiative; frastructure assessment that is set out in the technologies described in subparagraphs (A) and through (H) of subsection (b)(1). joint explanatory statement in the con- (F) other Industry Partnership Programs ference report accompanying H.R. 2490 of the administered by the Commissioner. (e) REPORT.— 106th Congress, 1st session (House of Rep- (2) SOUTHERN BORDER DEMONSTRATION PRO- (1) REQUIREMENT.—Not later than 1 year resentatives Rep. No. 106–319, on page 67) and GRAM.—Not later than 180 days after the date after the date of the enactment of this Act, submit such updated study to Congress. of enactment of this Act, the Commissioner and annually thereafter, the Under Sec- (b) CONSULTATION.—In preparing the up- shall implement, on a demonstration basis, retary shall submit to Congress a report on dated studies required in subsection (a), the at least 1 Customs-Trade Partnership the activities carried out at each demonstra- Administrator of General Services shall con- Against Terrorism program, which has been tion site under the technology demonstra- sult with the Director of the Office of Man- successfully implemented along the northern tion program established under this section. agement and Budget, the Under Secretary, border, along the southern border. (2) CONTENT.—The report submitted under and the Commissioner. (b) MAQUILADORA DEMONSTRATION PRO- paragraph (1) shall include an assessment by (c) CONTENT.—Each updated study required GRAM.—Not later than 180 days after the date the Under Secretary of the feasibility of in- in subsection (a) shall— corporating any demonstrated technology (1) identify port of entry infrastructure of enactment of this Act, the Commissioner shall establish a demonstration program to for use throughout the Bureau of Customs and technology improvement projects that and Border Protection. would enhance border security and facilitate develop a cooperative trade security system the flow of legitimate commerce if imple- to improve supply chain security. SEC. 608. AUTHORIZATION OF APPROPRIATIONS. mented; SEC. 607. PORT OF ENTRY TECHNOLOGY DEM- ONSTRATION PROGRAM. (a) IN GENERAL.—In addition to any funds (2) include the projects identified in the otherwise available, there are authorized to (a) ESTABLISHMENT.—The Under Secretary National Land Border Security Plan required be appropriated— by section 605; and shall carry out a technology demonstration program to— (1) such sums as may be necessary for the (3) prioritize the projects described in para- fiscal years 2008 through 2012 to carry out graphs (1) and (2) based on the ability of a (1) test and evaluate new port of entry technologies; section 603; project to— (2) such sums as may be necessary for the (A) fulfill immediate security require- (2) refine port of entry technologies and operational concepts; and fiscal years 2008 through 2012 to carry out ments; and the provisions of section 604(a); (B) facilitate trade across the borders of (3) train personnel under realistic conditions. (3) to carry out section 604(d)— the United States. (A) $100,000,000 for each of the fiscal years (b) TECHNOLOGY AND FACILITIES.— (d) PROJECT IMPLEMENTATION.—The Com- 2008 through 2012; and (1) TECHNOLOGY TESTING.—Under the tech- missioner shall implement the infrastruc- (B) such sums as may be necessary in any ture and technology improvement projects nology demonstration program, the Under Secretary shall test technologies that en- succeeding fiscal year; described in subsection (c) in the order of (4) to carry out section 606(a)— priority assigned to each project under sub- hance port of entry operations, including operations related to— (A) $30,000,000 for fiscal year 2008, of which section (c)(3). $5,000,000 shall be made available to fund the (e) DIVERGENCE FROM PRIORITIES.—The (A) inspections; demonstration project established in section Commissioner may diverge from the priority (B) communications; 606(a)(2); and order if the Commissioner determines that (C) port tracking; (B) such sums as may be necessary for the significantly changed circumstances, such as (D) identification of persons and cargo; fiscal years 2009 through 2012; and immediate security needs or changes in in- (E) sensory devices; (5) to carry out section 606(b)— frastructure in Mexico or Canada, compel- (F) personal detection; (A) $5,000,000 for fiscal year 2008; and lingly alter the need for a project in the (G) decision support; and (B) such sums as may be necessary for the United States. (H) the detection and identification of weapons of mass destruction. fiscal years 2009 through 2012; and SEC. 605. NATIONAL LAND BORDER SECURITY (6) to carry out section 607, provided that PLAN. (2) DEVELOPMENT OF FACILITIES.—At a dem- not more than $10,000,000 may be expended (a) IN GENERAL.—Not later than January 31 onstration site selected pursuant to sub- of each year, the Under Secretary, after con- section (c)(2), the Under Secretary shall de- for technology demonstration program ac- sultation with the Under Secretary for Infor- velop facilities to provide appropriate train- tivities at any 1 port of entry demonstration mation Analysis and Infrastructure Protec- ing to law enforcement personnel who have site in any fiscal year— tion and representatives of Federal, State, responsibility for border security, includ- (A) $50,000,000 for fiscal year 2008; and and local law enforcement agencies and pri- ing— (B) such sums as may be necessary for each vate entities that are involved in inter- (A) cross-training among agencies; of the fiscal years 2009 through 2012. national trade across the northern border or (B) advanced law enforcement training; (b) INTERNATIONAL AGREEMENTS.—Amounts the southern border, shall submit a National and authorized to be appropriated under this Land Border Security Plan to Congress. (C) equipment orientation. title may be used for the implementation of

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7433

projects described in the Declaration on Em- (2) NATIONAL RESPONSE PLAN.—The Sec- Program may be allocated by the Secretary bracing Technology and Cooperation to Pro- retary of Homeland Security shall ensure of Homeland Security to a high-threat area mote the Secure and Efficient Flow of Peo- that the National Response Plan directs the unless such area meets the conditions de- ple and Commerce across our Shared Border National Infrastructure Simulation and scribed in paragraph (2). between the United States and Mexico, Analysis Center to— (2) DETERMINATION OF HIGH-THREAT agreed to March 22, 2002, Monterrey, Mexico (A) identify critical infrastructure that AREAS.—The conditions referred to in this (commonly known as the Border Partnership may be at risk during an emergency, major paragraph are as follows: Action Plan) or the Smart Border Declara- disaster, terrorist attack, or other cata- (A) MANDATORY CONDITIONS.—The area tion between the United States and Canada, strophic event; and shall contain critical infrastructure, includ- agreed to December 12, 2001, Ottawa, Canada (B) develop plans to protect the critical in- ing— that are consistent with the provisions of frastructure described in subparagraph (A). (i) skyscrapers and large commercial build- this title. (3) INFRASTRUCTURE MODELING.— ings; (A) IN GENERAL.—The National Infrastruc- (ii) transportation assets, including rail SA 4597. Mr. DOMENICI (for himself ture Simulation and Analysis Center is the and mass transit, bridges and tunnels, and and Mr. BINGAMAN) submitted an primary agency of the Federal Government airports; amendment intended to be proposed by for modeling and analysis of infrastructure (iii) commuting populations; him to the bill H.R. 5441, making ap- preparedness, response, and recovery activi- (iv) a national monument or icon; propriations for the Department of ties. (v) a nuclear power plant or nonpower re- (B) INFORMATION FROM OTHER AGENCIES.— actor; Homeland Security for the fiscal year (vi) a seaport; ending September 30, 2007, and for Each Federal agency and department shall provide the National Infrastructure Simula- (vii) a chemical facility; other purposes; which was ordered to tion and Analysis Center with any modeling, (viii) a military facility; lie on the table; as follows: simulation, analysis, or data relating to in- (ix) a Federal facility; On page 127, between lines 2 and 3, insert frastructure preparedness, response, or re- (x) a dam; the following: covery activities available to such agency or (xi) a nonnuclear electric power plant; SEC. 540. (a) None of the funds made avail- department. (xii) a food or agriculture center; able in this Act may be used to prohibit a (C) ANALYSIS.—The National Infrastruc- (xiii) an oil or natural gas refinery or pipe- Mexican national described in section ture Simulation and Analysis Center shall— line; 212.1(c)(1)(i) of title 8 of the Code of Federal (i) analyze all infrastructure modeling pro- (xiv) a financial center; and Regulations (as in effect on the date of the vided under subparagraph (B); and (xv) a stadium or arena. enactment of this Act), from traveling in the (ii) on a timely basis, share its analysis (B) DISCRETIONARY CONDITIONS.—In addi- United States within 100 miles of an inter- with all relevant Federal agencies and de- tion to the mandatory conditions set forth in national border. partments. subparagraph (A), the Secretary of Homeland (b) The Secretary of Homeland Security Security shall, in determining if funds may may permit a Mexican national described in SA 4599. Mr. VOINOVICH submitted be allocated to a high-threat area, consider— subsection (a) to travel beyond the limits an amendment intended to be proposed (i) if the area is located on an inter- specified in such subsection. national border or coastline, including the by him to the bill H.R. 5441, making ap- number of border crossings; and SA 4598. Mr. DOMENICI submitted an propriations for the Department of (ii) the population, population density, law amendment intended to be proposed by Homeland Security for the fiscal year enforcement investigative and enforcement him to the bill H.R. 5441, making ap- ending September 30, 2007, and for activity, and tourism in the area. propriations for the Department of other purposes; which was ordered to (3) DETERMINATION OF ALLOCATION.—If an lie on the table; as follows: area satisfies the conditions described in Homeland Security for the fiscal year paragraph (2), the Secretary of Homeland Se- On page 66, line 11, insert ‘‘: Provided fur- ending September 30, 2007, and for curity in allocating amounts among such ther, That of the total amount provided, not other purposes; which was ordered to high-threat areas for the Urban Area Secu- less than $41,749,000 shall be made available lie on the table; as follows: rity Initiative Grant Program, shall evaluate for the human resources management sys- all threats (including threats to national On page 127, between lines 2 and 3, insert tem’’ before the period. the following: monuments and icons) and critical infra- SEC. 540. EXPANSION OF THE NATIONAL INFRA- SA 4600. Mr. SCHUMER (for himself structure vulnerabilities located in such STRUCTURE SIMULATION AND ANAL- high-threat areas. LINTON YSIS CENTER. and Mrs. C ) submitted an (b) PEER REVIEW.—The Urban Area Secu- (a) DEFINITIONS.—In this section: amendment intended to be proposed by rity Initiative Grant Program shall not be (1) CRITICAL INFRASTRUCTURE.—The term him to the bill H.R. 5441, making ap- subject to the peer review process of the De- ‘‘critical infrastructure’’ has the meaning propriations for the Department of partment of Homeland Security. given the term in section 1016(e) of the USA Homeland Security for the fiscal year (c) USE OF FUNDS.—Notwithstanding any PATRIOT Act (42 U.S.C. 5195c(e)). ending September 30, 2007, and for other provision of law, funds made available (2) EMERGENCY AND MAJOR DISASTER.—The under the Urban Area Security Initiative other purposes; which was ordered to Grant Program may be used for overtime terms ‘‘emergency’’ and ‘‘major disaster’’ lie on the table; as follows: have the meanings given the terms in sec- and other employment costs directly relat- tion 102 of the Robert T. Stafford Disaster On page 98, line 24, strike ‘‘$1,640,000,000’’ ing to the prevention of terrorist activities Relief and Emergency Assistance Act (42 and insert ‘‘$1,941,390,000, of which $301,390,000 and any other activity determined to be nec- U.S.C. 5122). is designated as an emergency requirement essary by the Secretary of Homeland Secu- rity. (3) NATIONAL INFRASTRUCTURE SIMULATION pursuant to section 402 of S. Con. Res. 83 (d) REPORTING REGARDING GRANTS.—Not AND ANALYSIS CENTER.—The term ‘‘National (109th Congress), the concurrent resolution later than 30 days before making a final allo- Infrastructure Simulation and Analysis Cen- on the budget for fiscal year 2007, as made cation of grants to high-threat areas under ter’’ means the National Infrastructure Sim- applicable in the Senate by section 7035 of Public Law 109–234,’’. the Urban Area Security Initiative Program, ulation and Analysis Center established the Secretary of Homeland Security shall under section 1016(d) of the USA PATRIOT SA 4601. Mr. SCHUMER submitted an submit to each Member of the Senate and Act (42 U.S.C. 5195c(d)). the House of Representatives who represents (4) NATIONAL RESPONSE PLAN.—The term amendment intended to be proposed by him to the bill H.R. 5441, making ap- a high-threat area a report regarding the ‘‘National Response Plan’’ means the Na- proposed allocation of funds, including a de- tional Response Plan developed under sec- propriations for the Department of scription of the analysis of critical infra- tion 502(6) of the Homeland Security Act of Homeland Security for the fiscal year structure used in making the proposed allo- 2002 (6 U.S.C. 312(6)), or any successor plan. ending September 30, 2007, and for cation. (5) PROTECT.—The term ‘‘protect’’ means other purposes; which was ordered to SEC. 602. REPORTING REGARDING DETERMINA- to reduce the vulnerability of critical infra- lie on the table; as follows: TION AND EVALUATION. structure in order to deter, mitigate, or neu- The Secretary of Homeland Security shall On page 127, between lines 2 and 3, insert tralize an emergency, major disaster, ter- submit a report to the Committee on Home- the following: rorist attack, or other catastrophic event. land Security and Government Affairs and (b) EXPANSION OF AUTHORITY.— TITLE VI—HIGH RISK PROTECTION the Committee on Appropriations of the Sen- (1) IN GENERAL.—The National Infrastruc- SEC. 601. FUNDING FOR THE URBAN AREA SECU- ate and the Committee on Homeland Secu- ture Simulation and Analysis Center shall RITY INITIATIVE GRANT PROGRAM. rity and the Committee on Appropriations of serve as a source of national competence to (a) IN GENERAL.— the House of Representatives regarding the address critical infrastructure protection (1) ALLOCATION BASED ON RISK ONLY.—Not- determination of high-threat areas, evalua- and continuity through support for activities withstanding any other provision of law, no tion of threats, vulnerabilities, and con- related to an emergency, major disaster, ter- amounts appropriated to the Department for sequences, and consideration of any previous rorist attack, or other catastrophic event. the Urban Area Security Initiative Grant terrorist attacks under section 601(a).

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7434 CONGRESSIONAL RECORD — SENATE July 12, 2006 SA 4602. Mr. PRYOR submitted an not addressed, would, as determined by the (C) define the responsibilities of emergency amendment intended to be proposed by Secretary, pose a serious threat to— response personnel in the event of a cata- him to the bill H.R. 5441, making ap- (A) the lives, health, or property of the strophic infrastructure failure; propriations for the Department of residents of the Blackfeet Reservation; or (D) ensure communication and coordina- (B) the economic or environmental health tion among the Federal, State, tribal, and Homeland Security for the fiscal year of— local agencies and other Milk River Project ending September 30, 2007, and for (i) the Blackfeet Reservation; or stakeholders that are responsible for imple- other purposes; which was ordered to (ii) the region served by the Milk River menting the emergency response plan; lie on the table; as follows: Project. (E) establish public notification procedures On page 93, strike lines 7 and 8 and insert (4) EMERGENCY RESPONSE PLAN.—The term to be carried out in the event of a cata- the following: ‘‘emergency response plan’’ means the emer- strophic infrastructure failure; (4) $345,000,000 for training, exercises, tech- gency response plan developed under sub- (F) provide for the repair or replacement of nical assistance, and other programs: Pro- section (b)(1). failed infrastructure with components that vided, That not less than $25,000,000 is for (5) FUND.—The term ‘‘Fund’’ means the are compatible with the rehabilitation technical assistance: Emergency Response Plan Fund established project; On page 127, between lines 2 and 3, insert by subsection (c)(1). (G) include a cost-sharing agreement that— the following: (6) MILK RIVER PROJECT.— (i) specifies the manner in which costs will SEC. 540. TECHNICAL ASSISTANCE OFFSET. (A) IN GENERAL.—The term ‘‘Milk River be shared and any reimbursable amounts will The amount made available for each ac- Project’’ means the Bureau of Reclamation be repaid if the emergency response plan is count in title III of this Act (including each project authorized by the Secretary on implemented; and subaccount for which a dollar amount is March 14, 1903, under the Act of June 17, 1902 (ii) is consistent with paragraph (5); and specified, but excluding amounts made avail- (32 Stat. 388, chapter 1093), commencing at (H) incorporate any other elements that able under the heading ‘‘FEDERAL EMER- Lake Sherburne Reservoir and providing the Secretary, in consultation with the Sec- GENCY MANAGEMENT AGENCY’’) for water to a point approximately 6 miles east retary of the Interior, the State, tribal and which this Act makes available an amount of Nashua, Montana. local authorities, and other Milk River in excess of the amount made available for (B) INCLUSIONS.—The term ‘‘Milk River Project stakeholders, determines would en- that account by the Department of Home- Project’’ includes— sure a rapid and effective response to a cata- land Security Appropriations Act, 2006 (Pub- (i) Swiftcurrent Dike; strophic infrastructure failure. lic Law 109-90; 119 Stat. 2064), shall be re- (ii) Lake Sherburne; (3) TITLE.—Title to all project works and duced in an amount equal to $13,500,000 mul- (iii) Nelson and Fresno dams, dikes, and facilities constructed under this section tiplied by a fraction, the numerator of which reservoirs; shall be held by the United States. is the amount of the excess made available (iv) St. Mary, Dodson, Vandalia, and Para- (4) DEVELOPMENT COSTS.—Any costs in- by this Act for that account and the denomi- dise diversion dams; curred by the Secretary in developing the nator of which is the aggregate amount of (v) Dodson pumping plant; and emergency response plan shall be nonreim- the excess made available by this Act for all (vi) miles of associated canals, laterals, bursable. such accounts. and drains. (5) IMPLEMENTATION COSTS.— (7) SECRETARY.—The term ‘‘Secretary’’ (A) IN GENERAL.—Except as provided in SA 4603. Mr. BAUCUS (for himself means the Secretary of Homeland Security. subparagraph (C), of the total costs of imple- and Ms. CANTWELL) submitted an (8) STATE.—The term ‘‘State’’ means the menting an emergency response plan— amendment intended to be proposed by State of Montana. (i) 45 percent shall be reimbursable; and him to the bill H.R. 5441, making ap- (9) ST. MARY DIVERSION AND CONVEYANCE (ii) 55 percent shall be nonreimbursable. propriations for the Department of WORKS.— (B) REIMBURSABLE COSTS.— Homeland Security for the fiscal year (A) IN GENERAL.—The term ‘‘St. Mary Di- (i) FEDERAL SHARE.—The Federal share of ending September 30, 2007, and for version and Conveyance Works’’ means the the total reimbursable costs of implementing an emergency response plan shall be other purposes; which was ordered to portion of the Milk River Project authorized by the Secretary on March 25, 1905, under the 75 percent. lie on the table; as follows: Act of June 17, 1902 (32 Stat. 388, chapter (ii) NON-FEDERAL SHARE.—The non-Federal On page 127, between lines 2 and 3, insert 1093), that— share of the total reimbursable costs of im- the following: (i) is located within the exterior bound- plementing an emergency response plan SEC. 540. Not later than 1 year after the aries of the Blackfeet Reservation; and shall be the lesser of— date of the enactment of this Act, the Sec- (ii) diverts water from the St. Mary River (I) the amount that is equal to 25 percent retary of Homeland Security shall establish into the North Fork of the Milk River. of the total reimbursable costs of imple- and conduct a pilot program at the Northern (B) INCLUSIONS.—The term ‘‘St. Mary Di- menting an emergency response plan; or Border Air Wing bases of the Office of CBP version and Conveyance Works’’ includes— (II) $25,000,000. Air and Marine, United States Customs and (i) the diversion dam on the St. Mary (C) BLACKFEET TRIBE.—Notwithstanding Border Protection, to test unmanned aerial River; subparagraph (A), any Federal funds pro- vehicles for border surveillance along the (ii) Swiftcurrent Dike; vided for noninfrastructure activities carried international marine and land border be- (iii) canals; out under this subsection on the Blackfeet tween Canada and the United States. (iv) siphons; Reservation are nonreimbursable and non- (v) the 5 drop structures; and returnable to the United States. Mr. BAUCUS submitted an (c) EMERGENCY RESPONSE PLAN FUND.— SA 4604. (vi) other associated canal facilities. amendment intended to be proposed by (1) ESTABLISHMENT.—There is established him to the bill H.R. 5441, making ap- (b) EMERGENCY RESPONSE PLAN.— in the Treasury of the United States a re- propriations for the Department of (1) IN GENERAL.—Not later than 1 year after volving fund, consisting of— the date of enactment of this Act, the Sec- Homeland Security for the fiscal year (A) such amounts as are appropriated to retary, in consultation with the Secretary of the Fund under subsection (d)(2); and ending September 30, 2007, and for the Interior, State, local and tribal authori- (B) any interest earned on investment of other purposes; which was ordered to ties, and other Milk River Project stake- amounts in the Fund under paragraph (3). lie on the table; as follows: holders, shall develop and, subject to the (2) EXPENDITURES FROM FUND.— At the appropriate place, insert the fol- availability of funds, implement an emer- (A) IN GENERAL.—If the Secretary, in con- lowing: gency response plan to be followed in the sultation with the Secretary of the Interior, SEC. lll. ST. MARY DIVERSION AND CONVEY- event of a catastrophic infrastructure fail- determines that a catastrophic infrastruc- ANCE WORKS EMERGENCY RE- ure. ture failure has occurred, the Secretary of SPONSE PLAN. (2) CONTENTS.—The emergency response the Treasury, on request of the Secretary, (a) DEFINITIONS.—In this section: plan shall— shall transfer from the Fund to the Sec- (1) BLACKFEET RESERVATION.—The term (A) identify the potential impacts of a cat- retary such amounts as the Secretary deter- ‘‘Blackfeet Reservation’’ means the Black- astrophic infrastructure failure on public mines are necessary to implement the emer- feet Indian Reservation of Montana. safety and the environment, with an empha- gency response plan. (2) BLACKFEET TRIBE.—The term ‘‘Black- sis on the impacts on any portions of the (B) REPORT.—Not later than 60 days after feet Tribe’’ means the Blackfeet Tribe of the Blackfeet Reservation in which the St. Mary the date on which amounts from the Fund Blackfeet Reservation. Diversion and Conveyance Works are lo- are transferred to the Secretary under sub- (3) CATASTROPHIC INFRASTRUCTURE FAIL- cated; paragraph (A), the Secretary shall submit to URE.—The term ‘‘catastrophic infrastructure (B) provide a response plan to address the the Committee on Energy and Natural Re- failure’’ means a failure of the infrastructure public safety and environmental impacts in sources and the Committee on Homeland Se- of the St. Mary Diversion and Conveyance the State and the Blackfeet Reservation curity and Governmental Affairs of the Sen- Works that causes a significant disruption in within a reasonable period following a cata- ate and the Committee on Homeland Secu- the operation of the water system that, if strophic infrastructure failure; rity and the Committee on Resources of the

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7435 House of Representatives a report that de- through ports of entry, between ports of the Transportation Security Administration scribes— entry, through the mails, and through inter- shall provide passenger and baggage screen- (i) the event that triggered the determina- national courier services; ers and related resources at the New Castle tion that a catastrophic infrastructure fail- (2) examine the export procedures of each Airport in Wilmington, Delaware as long as ure had occurred; foreign country where the shipments of commercial air service is provided at that (ii) the amount transferred to the Sec- methamphetamine and methamphetamine airport:’’. retary from the Fund; precursor chemicals originate and determine (iii) a description of any construction car- if changes in the country’s customs over SA 4609. Ms. CANTWELL (for herself ried out using the amounts transferred; and time provisions would alleviate the export of and Mr. CRAPO) submitted an amend- (iv) the estimated cost of completing any methamphetamine and methamphetamine ment intended to be proposed by her to construction being carried out under the precursor chemicals; and emergency response plan. (3) identify emerging trends in smuggling the bill H.R. 5441, making appropria- (3) INVESTMENT OF AMOUNTS.— techniques and strategies. tions for the Department of Homeland (A) IN GENERAL.—The Secretary of the (c) The Commissioner shall ensure that the Security for the fiscal year ending Sep- Treasury shall invest such portion of the analysis described in subsection (b) is made tember 30, 2007, and for other purposes; Fund as is not, in the judgment of the Sec- available in a timely manner to the Sec- which was ordered to lie on the table; retary of the Treasury, required to meet cur- retary of State to facilitate the Secretary in as follows: rent withdrawals. fulfilling the Secretary’s reporting require- (B) INTEREST-BEARING OBLIGATIONS.—In- ments in section 722 of the Combat Meth- On page 127, between lines 2 and 3, insert vestments may be made only in interest- amphetamine Epidemic Act of 2005. the following: bearing obligations of the United States. TITLE VI—NORTHERN BORDER PROSECU- (C) ACQUISITION OF OBLIGATIONS.—For the SA 4606. Mrs. FEINSTEIN submitted TION INITIATIVE REIMBURSEMENT ACT purpose of investments under subparagraph an amendment intended to be proposed SEC. 601. SHORT TITLE. (A), obligations may be acquired— by her to the bill H.R. 5441, making ap- (i) on original issue at the issue price; or This title may be cited as the ‘‘Northern propriations for the Department of Border Prosecution Initiative Reimburse- (ii) by purchase of outstanding obligations Homeland Security for the fiscal year at the market price. ment Act’’. ending September 30, 2007, and for (D) SALE OF OBLIGATIONS.—Any obligation SEC. 602. NORTHERN BORDER PROSECUTION INI- acquired by the Fund may be sold by the other purposes; which was ordered to TIATIVE. Secretary of the Treasury at the market lie on the table; as follows: (a) INITIATIVE REQUIRED.— price. On page 127, between lines 2 and 3, insert (1) IN GENERAL.—From amounts made (E) CREDITS TO FUND.—The interest on, and the following: available to carry out this section, the At- the proceeds from the sale or redemption of, SEC. 540. (a) The amount appropriated by torney General, acting through the Director any obligations held in the Fund shall be title II under the heading ‘‘CUSTOMS AND of the Bureau of Justice Assistance of the Of- credited to, and form a part of, the Fund. BORDER PROTECTION’’ for salaries and ex- fice of Justice Programs, shall establish and (4) TERMINATION OF FUND.—If the Sec- penses is hereby increased by $5,300,000 which carry out a program, to be known as the retary, in consultation with the Secretary of shall be available to hire and train 45 new Northern Border Prosecution Initiative, to the Interior, determines that the St. Mary full-time equivalent domestic port Customs provide funds to reimburse eligible northern Diversion and Conveyance Works no longer officers and shall remain available until ex- border entities for costs incurred by those pose an unacceptable risk of catastrophic in- pended: Provided, That the Secretary of entities for handling case dispositions of frastructure failure— Homeland Security shall prioritize the as- criminal cases that are federally initiated (A) the Fund shall be terminated; and signment of additional Customs officers to but federally declined-referred. (B) the unexpended and unobligated bal- ports based on need. (2) RELATION WITH SOUTHWESTERN BORDER ance of the Fund shall be made available for (b) The amount appropriated by title I PROSECUTION INITIATIVE.—The program estab- the construction of the rehabilitation under the heading ‘‘OFFICE OF THE UNDER lished in paragraph (1) shall— project. SECRETARY FOR MANAGEMENT’’ is hereby re- (A) be modeled after the Southwestern (d) AUTHORIZATION OF APPROPRIATIONS.— duced by $5,300,000. Border Prosecution Initiative; and (1) EMERGENCY RESPONSE PLAN.—There is (B) serve as a partner program to that ini- authorized to be appropriated to carry out SA 4607. Mrs. FEINSTEIN submitted tiative to reimburse local jurisdictions for subsection (b) $2,000,000. an amendment intended to be proposed processing Federal cases. (2) EMERGENCY FUND.—There is authorized by her to the bill H.R. 5441, making ap- (b) PROVISION AND ALLOCATION OF FUNDS.— to be appropriated to the Fund $15,000,000. propriations for the Department of Funds provided under the program estab- Homeland Security for the fiscal year lished in subsection (a) shall be— (1) provided in the form of direct reim- SA 4605. Mr. BAUCUS submitted an ending September 30, 2007, and for amendment intended to be proposed by bursements; and other purposes; which was ordered to (2) allocated in a manner consistent with him to the bill H.R. 5441, making ap- lie on the table; as follows: propriations for the Department of the manner under which funds are allocated On page 127, between lines 2 and 3, insert under the Southwestern Border Prosecution Homeland Security for the fiscal year the following: Initiative. ending September 30, 2007, and for SEC. 540. (a) The amount appropriated by (c) USE OF FUNDS.—Funds provided to an other purposes; which was ordered to title II under the heading ‘‘CUSTOMS AND eligible northern border entity under this lie on the table; as follows: BORDER PROTECTION’’ for salaries and ex- section may be used by the entity for any On page 127, between lines 2 and 3, insert penses is hereby increased by $20,300,000 lawful purpose, including: the following: which shall be available to hire and train 180 (1) Prosecution and related costs. SEC. 540. (a) For each of the fiscal years of new full-time equivalent domestic port Cus- (2) Court costs. 2007 through 2011, as part of the annual per- toms officers and shall remain available (3) Costs of courtroom technology. formance plan required in the budget sub- until expended: Provided, That the Secretary (4) Costs of constructing holding spaces. mission of the Bureau of Customs and Border of Homeland Security shall prioritize the as- (5) Costs of administrative staff. Protection under section 1115 of title 31, signment of additional Customs officers to (6) Costs of defense counsel for indigent de- United States Code, the Commissioner of ports based on need. fendants. Customs shall establish performance indica- (b) The amount appropriated by title I (7) Detention costs, including pre-trial and tors relating to the seizure of methamphet- under the heading ‘‘OFFICE OF THE UNDER post-trial detention. amine and methamphetamine precursor SECRETARY FOR MANAGEMENT’’ is hereby re- (d) DEFINITIONS.—In this section: chemicals in order to evaluate the perform- duced by $20,300,000. (1) CASE DISPOSITION.—The term ‘‘case dis- ance goals of the Bureau with respect to the position’’— interdiction of illegal drugs entering the SA 4608. Mr. BIDEN (for himself and (A) for purposes of the Northern Border United States. Mr. CARPER) submitted an amendment Prosecution Initiative, refers to the time be- (b) Of the amount made available to Cus- intended to be proposed by him to the tween the arrest of a suspect and the resolu- toms and Border Protection under title II, bill H.R. 5441, making appropriations tion of the criminal charges through a coun- $100,000 shall be available for the Commis- for the Department of Homeland Secu- ty or State judicial or prosecutorial process; sioner of Customs to analyze on an annual rity for the fiscal year ending Sep- and basis the movement of methamphetamine tember 30, 2007, and for other purposes; (B) does not include incarceration time for and methamphetamine precursor chemicals sentenced offenders, or time spent by pros- into the United States. In conducting the which was ordered to lie on the table; ecutors on judicial appeals. analysis, the Commissioner shall— as follows: (2) ELIGIBLE NORTHERN BORDER ENTITY.— (1) consider the entry of methamphetamine On page 78, line 20, strike the colon and in- The term ‘‘eligible northern border entity’’ and methamphetamine precursor chemicals sert the following: ‘‘: Provided further, That means—

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7436 CONGRESSIONAL RECORD — SENATE July 12, 2006

(A) the States of Alaska, Idaho, Maine, tion Agency for use in carrying out the reim- ‘‘(C) FURTHER APPROPRIATION.—Reimburse- Michigan, Minnesota, Montana, New Hamp- bursement program for alternative energy ment authorized under this paragraph shall shire, New York, North Dakota, Ohio, Penn- refueling under section 9003(h)(13) of the be provided by the Administrator without sylvania, Vermont, Washington, and Wis- Solid Waste Disposal Act. further appropriation. consin; or (b) ALTERNATIVE ENERGY REFUELING.—Sec- ‘‘(D) NO EFFECT ON OTHER RESPONSIBIL- (B) any unit of local government within a tion 9003(h) of the Solid Waste Disposal Act ITIES.—Nothing in this paragraph affects any State referred to in subparagraph (A). (42 U.S.C. 6991b(h)) is amended by adding at obligation of an owner or operator to comply (3) FEDERALLY DECLINED-REFERRED.—The the end the following: with other provisions of this subtitle.’’. term ‘‘federally declined-referred’’— ‘‘(13) ALTERNATIVE ENERGY REFUELING SYS- (A) means, with respect to a criminal case, TEMS.— SA 4611. Mrs. MURRAY submitted an that a decision has been made in that case ‘‘(A) DEFINITIONS.—In this paragraph: amendment intended to be proposed by by a United States Attorney or a Federal law ‘‘(i) ALTERNATIVE ENERGY REFUELING SYS- TEM.—The term ‘alternative energy refueling her to the bill H.R. 5441, making appro- enforcement agency during a Federal inves- priations for the Department of Home- tigation to no longer pursue Federal crimi- system’ means a system composed of 1 or nal charges against a defendant and to refer more underground storage tanks, pumps, and land Security for the fiscal year ending such investigation to a State or local juris- pump fittings or other related infrastructure September 30, 2007, and for other pur- diction for possible prosecution; and that is used to refuel motor vehicles with— poses; which was ordered to lie on the (B) includes a decision made on an individ- ‘‘(I) compressed natural gas; table; as follows: ‘‘(II) E–85 ethanol; ualized case-by-case basis as well as a deci- On page 66, line 5, strike ‘‘$166,456,000’’ and ‘‘(III) a fuel described in section 30C(c)(1) of sion made pursuant to a general policy or insert ‘‘$164,456,000’’. practice or pursuant to prosecutorial discre- the Internal Revenue Code of 1986; or On page 104, line 9, strike ‘‘$106,414,000’’ and tion. ‘‘(IV) any other alternative fuel, as deter- insert ‘‘$108, 414,000’’. mined by the Administrator. (4) FEDERALLY INITIATED.—The term ‘‘fed- On page 104, line 20, after ‘‘2007:’’ insert the erally initiated’’ means, with respect to a ‘‘(ii) ELIGIBLE ENTITY.—The term ‘eligible following: ‘‘Provided further, That of the criminal case, that the case results from a entity’ means a refueling vendor or other amount provided under this heading not less person that is an owner or operator of a serv- criminal investigation or an arrest involving than $2,000,000 shall be available for the con- ice station or other facility at which an al- Federal law enforcement authorities for a struction of radiological laboratories at Pa- ternative energy refueling system is located potential violation of Federal criminal law, cific Northwest National Laboratory:’’. or proposed to be located. including investigations resulting from ‘‘(iii) ENERGY SECURITY FUND.—The term multi-jurisdictional task forces. SA 4612. Ms. CANTWELL submitted ‘Energy Security Fund’ means the Energy SEC. 603. AUTHORIZATION OF APPROPRIATIONS. an amendment intended to be proposed Security Fund established by section by her to the bill H.R. 5441, making ap- There are authorized to be appropriated to 5ll(a)(1) of the Department of Homeland carry out this Act $28,000,000 for fiscal year Security Appropriations Act, 2007. propriations for the Department of 2006 and such sums as may be necessary for ‘‘(B) REIMBURSEMENT PROGRAM.— Homeland Security for the fiscal year fiscal years thereafter. ‘‘(i) ESTABLISHMENT.—Not later than 90 ending September 30, 2007, and for days after the date of enactment of this other purposes; which was ordered to SA 4610. Mr. THUNE (for himself and paragraph, the Administrator shall establish lie on the table; as follows: Mr. TALENT) proposed an amendment a program to provide to eligible entities, for On page 127, between lines 2 and 3, insert to the bill H.R. 5441, making appropria- each of fiscal years 2007 through 2011, reim- the following: bursement from the Energy Security Fund of tions for the Department of Homeland SEC. 540. REPORT ON CROSS BORDER COMMU- a portion of the costs of purchasing and in- Security for the fiscal year ending Sep- NICATIONS CHALLENGES FOR THE stalling 1 or more alternative energy refuel- 2010 OLYMPICS. tember 30, 2007, and for other purposes; ing systems, including any alternative en- as follows: (a) IN GENERAL.—Not later than 6 months ergy refueling system intended to replace a after the date of enactment of this Act, the On page 127, between lines 2 and 3, insert petroleum refueling tank or system. Secretary of Homeland Security, in coordi- the following: ‘‘(ii) APPLICATION.—An eligible entity that nation with the Secretary of State, the Fed- SEC. 5ll. ALTERNATIVE ENERGY REFUELING seeks to receive reimbursement described in eral Communications Commission, and rel- SYSTEMS. clause (i) shall submit to the Administrator evant agencies in the States of Alaska, (a) ESTABLISHMENT OF FUND.— an application by such time, in such form, Idaho, Montana, Oregon, and Washington, (1) IN GENERAL.—There is established in the and containing such information as the Ad- shall— Treasury a fund, to be known as the ‘‘Energy ministrator shall prescribe. (1) evaluate the technical and operational Security Fund’’ (referred to in this section ‘‘(iii) TIMING OF REIMBURSEMENT.—Not challenges with respect to interoperable as the ‘‘Fund’’), consisting of— later than 30 days after the date on which communications facing regional, local, (A) amounts transferred to the Fund under the Administrator, in consultation with the State, and Federal authorities in preparing paragraph (2); and appropriate State agency, verifies that an al- for the 2010 Olympics; and (B) amounts credited to the Fund under ternative energy refueling system for which (2) develop an integrated plan for address- paragraph (3)(C). reimbursement is requested by an eligible ing such technical and operational chal- (2) TRANSFERS TO FUND.—For fiscal year entity under this paragraph has been in- lenges. 2006 and each fiscal year thereafter, there is stalled and is operational, the Administrator (b) REPORT TO CONGRESS.—The Secretary of appropriated to the Fund an amount deter- shall provide the reimbursement to the eligi- Homeland Security shall submit and present mined by the Secretary of the Treasury to be ble entity. the plan developed under subsection (a) to equal to the total amount deposited in the ‘‘(iv) LIMITATIONS.— the Committee on Commerce, Science, and general fund of the Treasury for the pre- ‘‘(I) PROHIBITION ON RECEIPT OF DUAL BENE- Transportation of the Senate and the Com- ceding fiscal year from fines, penalties, and FITS.—An eligible entity that receives a tax mittee on Energy and Commerce of the other funds obtained through enforcement credit under section 30C of the Internal Rev- House of Representatives. actions conducted pursuant to section 32912 enue Code of 1986 for placing in service a (c) SAFECOM PILOT.—The Secretary of of title 49, United States Code (including qualified alternative fuel vehicle refueling Homeland Security shall make $1,000,000 of funds obtained under consent decrees). property (as defined in that section) may not its SAFECOM Program funds available to (3) INVESTMENT OF AMOUNTS.— receive any reimbursement under this para- conduct a pilot project based on the bi-na- (A) IN GENERAL.—The Secretary of the graph for an alternative energy refueling tional component of the integrated plan de- Treasury shall invest such portion of the system on the property if the cost of the al- veloped under subsection (a)(2) Fund as is not, in the judgment of the Sec- ternative energy refueling system was taken retary of the Treasury, required to meet cur- into consideration in calculating the tax SA 4613. Mr. REED submitted an rent withdrawals. credit. amendment intended to be proposed by (B) SALE OF OBLIGATIONS.—Any obligation ‘‘(II) NUMBER OF SYSTEMS.—An eligible en- him to the bill H.R. 5441, making ap- acquired by the Fund may be sold by the tity may not receive reimbursement under propriations for the Department of Secretary of the Treasury at the market this paragraph for more than 2 alternative price. energy refueling systems for each facility Homeland Security for the fiscal year (C) CREDITS TO FUND.—The interest on, and owned or operated by the eligible entity. ending September 30, 2007, and for the proceeds from the sale or redemption of, ‘‘(III) AMOUNT.—The amount of reimburse- other purposes; which was ordered to any obligations held in the Fund shall be ment provided for an alternative energy re- lie on the table; as follows: credited to, and form a part of, the Fund in fueling system under this paragraph shall At the appropriate place, insert the fol- accordance with section 9602 of the Internal not exceed the lesser of— lowing: Revenue Code of 1986. ‘‘(aa) the amount that is 30 percent of the SEC. ll. The Secretary of Homeland Se- (4) USE OF AMOUNTS IN THE FUND.—Amounts cost of the alternative energy refueling sys- curity may not take any action to alter or in the Fund shall be made available to the tem; or reduce operations within the Civil Engineer- Administrator of the Environmental Protec- ‘‘(bb) $30,000. ing Program of the Coast Guard nationwide,

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7437 including the civil engineering units, facili- mitted an amendment intended to be Fed. Reg. 24607; relating to greening the gov- ties, and design and construction centers, proposed by him to the bill H.R. 5441, ernment through Federal fleet and transpor- the Coast Guard Academy, and the Research making appropriations for the Depart- tation efficiency). and Development Center until the Commit- ment of Homeland Security for the fis- tees on Appropriations and Commerce, SA 4619. Mr. DURBIN (for himself cal year ending September 30, 2007, and Science, and Transportation of the Senate and Mr. CARPER) submitted an amend- receive and approve a plan on changes to the for other purposes; which was ordered ment intended to be proposed by him Civil Engineering Program of the Coast to lie on the table; as follows: to the bill H.R. 5441, making appropria- Guard. The plan shall include a description On page 127, between lines 2 and 3, insert tions for the Department of Homeland of the current functions of the Civil Engi- the following: neering Program and a description of any Security for the fiscal year ending Sep- SEC. 5ll. SCREENING OF MUNICIPAL SOLID tember 30, 2007, and for other purposes; proposed modifications of such functions and WASTE. of any proposed modification of personnel (a) DEFINITIONS.—In this section: which was ordered to lie on the table; and offices, including the rationale for such (1) BUREAU.—The term ‘‘ Bureau’’ means as follows: modification, an assessment of the costs and the Bureau of Customs and Border Protec- On page 127, between lines 2 and 3, insert benefits of such modification, any proposed tion. the following: alternatives to such modification, and the (2) COMMERCIAL MOTOR VEHICLE.—The term SEC. 540. Not later than 6 months after the processes utilized by the Coast Guard and ‘‘commercial motor vehicle’’ has the mean- date of the enactment of this Act, the Sec- the Office of Management and Budget to ana- ing given the term in section 31101 of title 49, retary of Homeland Security shall establish lyze and assess such modification. United States Code. revised procedures for expeditiously clearing (3) COMMISSIONER.—The term ‘‘Commis- individuals whose names have been mistak- SA 4614. Mr. GREGG (for Mr. BYRD) sioner’’ means the Commissioner of the Bu- enly placed on the TSA Watch List or who proposed an amendment to the bill reau. have names identical or similar to individ- H.R. 5441, making appropriations for (4) MUNICIPAL SOLID WASTE.—The term uals on the TSA Watch List. The Secretary the Department of Homeland Security ‘‘municipal solid waste’’ includes sludge (as shall advise Congress of the procedures es- for the fiscal year ending September 30, defined in section 1004 of the Solid Waste tablished. 2007, and for other purposes; as follows: Disposal Act (42 U.S.C. 6903)). (b) REPORTS TO CONGRESS.—Not later than On page 93, line 4, before the period insert SA 4620. Mr. BYRD (for himself, Mr. 90 days after the date of enactment of this LIEBERMAN, and Mr. ROCKEFELLER) pro- the following: ‘‘: Provided further, That for Act, the Commissioner shall submit to Con- grants under subparagraphs (B) through (F), posed an amendment to the bill H.R. gress a report that— 5441, making appropriations for the De- the applications for such grants shall be (1) indicates whether the methodologies made available to eligible applicants not and technologies used by the Bureau to partment of Homeland Security for the later than 75 days after the date of enact- screen for and detect the presence of chem- fiscal year ending September 30, 2007, ment of this Act, eligible applicants shall ical, nuclear, biological, and radiological and for other purposes; as follows: submit applications not later than 45 days weapons in municipal solid waste are as ef- On page 127, between lines 2 and 3, insert after the date of the grant announcement, fective as the methodologies and tech- the following: and the Office for Domestic Preparedness nologies used by the Bureau to screen for SEC. 540. (a) Not later than 6 months after shall act on such applications not later than those materials in other items of commerce the date of enactment of this Act, the Sec- 45 days after the date on which such an ap- entering the United States through commer- retary of Homeland Security shall hereafter plication is received’’. cial motor vehicle transport; and issue interim final regulations that establish (2) if the report indicates that the meth- homeland security requirements, including SA 4615. Mr. VITTER (for himself, odologies and technologies used to screen minimum standards and required submission Mr. INHOFE, Mr. ENZI, Mr. THUNE, Mr. municipal solid waste are less effective than of facility security plans to the Secretary, BURNS, Mr. BROWNBACK, Mr. MARTINEZ, those used to screen other items of com- for chemical facilities that the Secretary de- Mr. DOMENICI, Mr. GREGG and Mr. merce, identifies the actions that the Bureau termines present the greatest security risk BYRD) proposed an amendment to the will take to achieve the same level of effec- and that are not currently regulated under bill H.R. 5441, making appropriations tiveness in the screening of municipal solid Federal law for homeland security purposes. for the Department of Homeland Secu- waste, including actions necessary to meet (b) Interim regulations under this section the need for additional screening tech- shall apply to a chemical facility until the rity for the fiscal year ending Sep- nologies. effective date of final regulations issued tember 30, 2007, and for other purposes; (c) IMPACT ON COMMERCIAL MOTOR VEHI- under other laws by the Secretary, that es- as follows: CLES.—If the Commissioner fails to fully im- tablish requirements and standards referred On page 127, between lines 2 and 3, insert plement an action identified under sub- to in subsection (a) that apply with respect the following: section (b)(2) before the earlier of the date to that facility. SEC. 540. PROHIBITION ON CONFISCATION OF that is 180 days after the date on which the (c) Any person that violates an interim FIREARMS. report under subsection (b) is required to be regulation issued under this section shall be None of the funds appropriated by this Act submitted or the date that is 180 days after liable for a civil penalty under section 70117 may be used to temporarily or permanently the date on which the report is submitted, of title 46, United States Code. seize any firearm during an emergency or the Secretary shall deny entry into the major disaster (as those terms are defined in United States of any commercial motor ve- SA 4621. Mr. BAUCUS (for himself, section 102 of the Robert T. Stafford Disaster hicle carrying municipal solid waste until Ms. CANTWELL, Mrs. MURRAY, Mr. Relief and Emergency Assistance Act (42 the Secretary certifies to Congress that the BURNS, Mr. CRAIG, and Mr. COLEMAN) U.S.C. 5122)) if the possession of such firearm methodologies and technologies used by the proposed an amendment to the bill is not prohibited under Federal or State law, Bureau to screen for and detect the presence H.R. 5441, making appropriations for other than for forfeiture in compliance with of chemical, nuclear, biological, and radio- the Department of Homeland Security Federal or State law or as evidence in a logical weapons in municipal solid waste are criminal investigation. as effective as the methodologies and tech- for the fiscal year ending September 30, nologies used by the Bureau to screen for 2007, and for other purposes; as follows: SA 4616. Mr. DURBIN submitted an those materials in other items of commerce On page 127, between lines 2 and 3, insert amendment intended to be proposed by entering into the United States through the following: commercial motor vehicle transport. SEC. 540. Not later than 1 year after the him to the bill H.R. 5441, making ap- date of the enactment of this Act, the Sec- propriations for the Department of retary of Homeland Security shall establish Homeland Security for the fiscal year SA 4618. Mr. DAYTON submitted an amendment intended to be proposed by and conduct a pilot program at the Northern ending September 30, 2007, and for Border Air Wing bases of the Office of CBP other purposes; which was ordered to him to the bill H.R. 5441, making ap- Air and Marine, United States Customs and lie on the table; as follows: propriations for the Department of Border Protection, to test unmanned aerial Homeland Security for the fiscal year On page 93, strike lines 7 and 8 and insert vehicles for border surveillance along the the following: ending September 30, 2007, and for international marine and land border be- (4) $331,500,000 for training, exercises, tech- other purposes; which was ordered to tween Canada and the United States. nical assistance, and other programs (includ- lie on the table; as follows: SA 4622. Ms. LANDRIEU submitted ing mass evacuation preparation and exer- On page 127, between lines 2 and 3, insert cises): the following: an amendment intended to be proposed SEC. ll. None of the funds made available by her to the bill H.R. 5441, making ap- SA 4617. Mr. LEVIN (for himself, Ms. by this Act may be used to take an action propriations for the Department of STABENOW, and Mr. VOINOVICH) sub- that would violate Executive Order 13149 (65 Homeland Security for the fiscal year

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7438 CONGRESSIONAL RECORD — SENATE July 12, 2006 ending September 30, 2007, and for sociation Charter Act (12 U.S.C. 1719(d)) is ‘‘(3) DEFINITIONS.—For purposes of this sub- other purposes; which was ordered to amended by striking the fourth sentence and section, the following definitions shall apply: lie on the table; as follows: inserting the following: ‘‘Securities issued by ‘‘(A) APPROVED SELLER.—The term ‘ap- the corporation under this subsection shall proved seller’ means an institution approved At the appropriate place, insert the fol- not be exempt securities for purposes of the by the Corporation to sell mortgage loans to lowing: Securities Act of 1933.’’. the Corporation in exchange for pooled cer- SEC. ll. Not later than 90 days after the (2) SUBORDINATE OBLIGATIONS.—Section tificates. date of the enactment of this Act, the Sec- 304(e) of the Federal National Mortgage As- ‘‘(B) POOLED CERTIFICATES.—The term retary of Homeland Security shall submit to sociation Charter Act (12 U.S.C. 1719(e)) is ‘pooled certificates’ means single class mort- the Committees on Appropriations of the amended by striking the fourth sentence and gage-backed securities guaranteed by the Senate and the House of Representatives a inserting the following: ‘‘Obligations issued Corporation that have been issued by the report on the feasability and advisability of by the corporation under this subsection Corporation directly to the approved seller locating facilities and assets of the Coast shall not be exempt securities for purposes of in exchange for the mortgage loans under- Guard in the Federal City Project of New Or- the Securities Act of 1933.’’. lying such mortgage-backed securities.’’. leans, Louisiana, as described in the report (3) SECURITIES.—Section 311 of the Federal (c) NO AFFECT ON TRUST INDENTURE ACT OF of the Defense Base Closure and Realignment National Mortgage Association Charter Act 1939.—Nothing in this section or the amend- Commission submitted to the President in (12 U.S.C. 1723c) is amended— ments made by this section shall be con- 2005 during the 2005 round of defense base (A) in the section heading, by striking ‘‘AS- strued to affect any exemption from the pro- closure and realignment under the Defense SOCIATION’’; visions of the Trust Indenture Act of 1939, Base Closure and Realignment Act of 1990 (B) by inserting ‘‘(a) IN GENERAL.—’’ after provided to the Federal National Mortgage (part A of title XXIX of Public Law 101–510; ‘‘SEC. 311.’’; Association or the Federal Home Loan Mort- 10 U.S.C. 2687 note). (C) in the second sentence, by inserting gage Corporation. ‘‘by the Association’’ after ‘‘issued’’; and (d) TREATMENT OF FEES.—Fees collected by SA 4623. Mrs. CLINTON submitted an (D) by adding at the end the following: the Securities and Exchange Commission amendment intended to be proposed by ‘‘(b) TREATMENT OF CORPORATION SECURI- from the Federal National Mortgage Asso- her to the bill H.R. 5441, making appro- TIES.— ciation and the Federal Home Loan Mort- priations for the Department of Home- ‘‘(1) IN GENERAL.—Any stock, obligations, gage Corporation as a result of the amend- land Security for the fiscal year ending securities, participations, or other instruments made by this section shall not be con- September 30, 2007, and for other pur- ments issued or guaranteed by the corpora- sidered to be offsetting collections to the ac- poses; which was ordered to lie on the tion pursuant to this title shall not be ex- count providing appropriations to the Secu- table; as follows: empt securities for purposes of the Securities rities and Exchange Commission for any fis- Act of 1933. cal year, and shall be deposited in the gen- On page 94, line 13, before the period insert ‘‘(2) EXEMPTION FOR APPROVED SELLERS.— eral fund of the Treasury. ‘‘: Provided, that an additional $21,500,000 Notwithstanding any other provision of this (e) REGULATIONS.—The Securities and Ex- shall be made available under this heading title or the Securities Act of 1933, trans- change Commission may issue such regula- for the grants authorized under title I of the actions involving the initial disposition by tions as may be necessary or appropriate to Enhance Act of 2004 (Public Law 108–494; 118 an approved seller of pooled certificates that carry out this section and the amendments Stat. 3986)’’. are acquired by that seller from the corpora- made by this section. tion upon the initial issuance of the pooled (f) EFFECTIVE DATE.—The amendments SA 4624. Mr. OBAMA (for himself and certificates shall be deemed to be trans- made by this section shall become effective 1 Mr. COBURN) submitted an amendment actions by a person other than an issuer, un- year after the date of enactment of this Act. intended to be proposed by him to the derwriter, or dealer for purposes of the Secu- bill H.R. 5441, making appropriations rities Act of 1933. SA 4626. Mr. DODD (for himself and for the Department of Homeland Secu- ‘‘(3) DEFINITIONS.—For purposes of this sub- Mr. DEWINE) submitted an amendment rity for the fiscal year ending Sep- section, the following definitions shall apply: intended to be proposed by him to the tember 30, 2007, and for other purposes; ‘‘(A) APPROVED SELLER.—The term ‘ap- bill H.R. 5441, making appropriations which was ordered to lie on the table; proved seller’ means an institution approved for the Department of Homeland Secu- by the corporation to sell mortgage loans to rity for the fiscal year ending Sep- as follows: the corporation in exchange for pooled cer- On page 99, line 4, insert after ‘‘Act’’ the tificates. tember 30, 2007, and for other purposes; following: ‘‘: Provided further, That none of ‘‘(B) POOLED CERTIFICATES.—The term which was ordered to lie on the table; the funds appropriated or otherwise made ‘pooled certificates’ means single class mort- as follows: available under this heading may be used to gage-backed securities guaranteed by the On page 65, line 22, strike ‘‘$90,122,000’’ and enter into contracts using procedures based corporation that have been issued by the cor- insert ‘‘$82,545,000’’. upon the unusual and compelling urgency ex- poration directly to the approved seller in On page 66, line 5, strike ‘‘$166,456,000’’ and ception to competitive procedures require- exchange for the mortgage loans underlying insert ‘‘$144,003,000’’. ments under section 303(c)(2) of the Federal such mortgage-backed securities. On page 94, line 17, strike ‘‘$655,000,000’’ and Property and Administrative Services Act of ‘‘(4) MORTGAGE RELATED SECURITIES.—A insert ‘‘$685,000,000’’. 1949 (41 U.S.C. 253(c)(2)) or section 2304(c)(2) single class mortgage-backed security guar- On page 94, line 17, strike ‘‘$540,000,000’’ and of title 10, United States Code, unless the anteed by the corporation that has been insert ‘‘$555,000,000’’. contract is for the procurement of only such issued by the corporation directly to the ap- One page 94, line 19, strike ‘‘$115,000,000’’ property and services as are necessary to ad- proved seller in exchange for the mortgage and insert ‘‘$130,000,000’’. dress the immediate emergency and is only loans underlying such mortgage-backed se- for so long as is necessary to put competitive curities or directly by the corporation for SA 4627. Mr. SESSIONS (for himself procedures in place in connection with such cash shall be deemed to be a mortgage re- and Mr. ENSIGN) submitted an amend- procurement and the Secretary of Homeland lated security, as defined in section 3(a) of ment intended to be proposed by him Security notifies the Committees on Appro- the Securities Exchange Act of 1934.’’. to the bill H.R. 5441, making appropria- priations of the Senate and the House of (b) FREDDIE MAC.—Section 306(g) of the Representatives of such contract not later tions for the Department of Homeland Federal Home Loan Mortgage Corporation Security for the fiscal year ending Sep- than 7 days after the contract is entered Act (12 U.S.C. 1455(g)) is amended to read as into’’. follows: tember 30, 2007, and for other purposes; ‘‘(g) TREATMENT OF SECURITIES.— which was ordered to lie on the table; SA 4625. Mr. SUNUNU submitted an ‘‘(1) IN GENERAL.—Any securities issued or as follows: amendment intended to be proposed by guaranteed by the Corporation shall not be On page 75, lines 1 and 2, strike him to the bill H.R. 5441, making ap- exempt securities for purposes of the Securi- ‘‘$288,084,000, to remain available until ex- propriations for the Department of ties Act of 1933. pended.’’ and insert the following: Homeland Security for the fiscal year ‘‘(2) EXEMPTION FOR APPROVED SELLERS.— ‘‘$2,117,484,000, of which not less than ending September 30, 2007, and for Notwithstanding any other provision of this $1,184,000,000 shall be for the construction of other purposes; which was ordered to title or the Securities Act of 1933, trans- 370 miles of double-layered fencing along the lie on the table; as follows: actions involving the initial disposition by international border between the United an approved seller of pooled certificates that States and Mexico; of which not less than On page 127, between lines 2 and 3, insert are acquired by that seller from the Corpora- $645,400,000 shall be for the construction of the following: tion upon the initial issuance of the pooled not less than 461 miles of vehicle barriers SEC. 540. REGISTRATION OF GSE SECURITIES. certificates shall be deemed to be trans- along the international border between the (a) FANNIE MAE.— actions by a person other than an issuer, un- United States and Mexico, of which the re- (1) MORTGAGE-BACKED SECURITIES.—Section derwriter, or dealer for purposes of the Secu- maining amount shall remain available until 304(d) of the Federal National Mortgage As- rities Act of 1933. expended.’’.

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7439 At the appropriate place, insert the fol- ment intended to be proposed by him propriations for the Department of lowing: to the bill H.R. 5441, making appropria- Homeland Security for the fiscal year SEC. ll. All discretionary amounts made tions for the Department of Homeland ending September 30, 2007, and for available under this Act, other than the amount appropriated under the ‘‘Customs Security for the fiscal year ending Sep- other purposes; which was ordered to and Border Protection construction’’ sub- tember 30, 2007, and for other purposes; lie on the table; as follows: heading, shall be reduced on a pro rata basis which was ordered to lie on the table; On page 127, between lines 2 and 3, insert by $1,829,400,000. as follows: the following: At the appropriate place, insert the fol- SA 4628. Mr. SESSIONS (for himself SEC. 540. Not later than February 8, 2007, lowing: the Assistant Secretary for Immigration and and Mr. GRASSLEY) submitted an SEC. ll. (a) The amount appropriated by Customs Enforcement of the Department of amendment intended to be proposed by title II under the heading ‘‘IMMIGRATION AND Homeland Security shall submit a report to him to the bill H.R. 5441, making ap- CUSTOMS ENFORCEMENT’’ and under the sub- Congress on the costs and need for estab- propriations for the Department of heading ‘‘SALARIES AND EXPENSES’’ is hereby lishing a sub-office in Greeley, Colorado. Homeland Security for the fiscal year increased by $161,000,000. ending September 30, 2007, and for (b) Notwithstanding any other provision of this Act, of the amount made available SA 4634. Mr. MENENDEZ (for himself other purposes; which was ordered to and Mr. LAUTENBERG, Mrs. CLINTON, lie on the table; as follows: under such subheading— (1) not less than $140,000,000 shall be used to and Mr. SCHUMER) submitted an On page 75, line 8, strike ‘‘$3,740,357,000’’ fund 4,000 detention beds pursuant to section amendment intended to be proposed by and insert ‘‘$3,826,027,000, of which not less 5204(a) of the Intelligence Reform and Ter- him to the bill H.R. 5441, making ap- than $104,000,000 shall be available to in- rorism Protection Act of 2004 (Public Law propriations for the Department of crease the number of full time active duty 108–458; 118 Stat. 3734) and such funds shall be investigators employed by the Department Homeland Security for the fiscal year used to supplement and not supplant the ending September 30, 2007, and for of Homeland Security to investigate viola- amounts made available for detention beds tions of immigration laws (as defined in sec- pursuant to such section in the Emergency other purposes; as follows: tion 101(a)(17) of the Immigration and Na- Supplemental Appropriations Act for De- On page 127, between lines 2 and 3 insert tionality Act (8 U.S.C. 1101(a)(17)) by not less fense, the Global War on Terror, and Hurri- the following: than 800 above the number of such positions cane Recovery, 2006 (Public Law 109–234); and for which funds were made available during SEC. ll. Notwithstanding any other pro- (2) not less than $150,560,000 shall be used the fiscal year ending September 30, 2006, as vision of this Act, appropriations under this for transportation costs related to the 4,000 provided in section 5203 of the Intelligence Act may not be used for the purpose of pro- additional detention beds funded by this Act Reform and Terrorism Prevention Act of 2004 viding— and the 4,000 detention beds funded by the (Pub. L. 108 458);’’. (1) formula-based grants or law enforce- At the appropriate place, insert the fol- Emergency Supplemental Appropriations ment terrorism prevention grants, unless all lowing: Act for Defense, the Global War on Terror, such grants are allocated based on an assess- SEC. ll. (a) Notwithstanding any other and Hurricane Recovery, 2006 (Public Law ment of threat, vulnerability, and con- provision of law, the Secretary of Homeland 109–234). sequence, to the maximum extent praticable, Security shall adjust fees charged by the (c) All discretionary amounts made avail- with no State receiving less than 0.25 percent Secretary to aliens under any provision of able under this Act, other than the amount of the funds available for each such grant the Immigration and Nationality Act (8 appropriated under the subheading described program, and American Samoa, the Com- U.S.C. 1101 et seq.) or the Illegal Immigra- in subsection (a), shall be reduced on a pro monwealth of the Northern Mariana Islands, tion Reform and Immigrant Responsibility rata basis by $161,000,000. Guam, and the Virgin Islands, each receiving Act of 1996 (division C of Public Law 104–208; 0.08 of the funds available for each such 110 Stat. 3009–546) by notice in the Federal SA 4631. Mr. SESSIONS submitted an grant program; Register not later than January 1, 2007, to amendment intended to be proposed by (2) discretionary grants for use in high- achieve not less than $85,670,000 in additional him to the bill H.R. 5441, making ap- threat, high-density urban areas, unless all receipts by September 30, 2007. propriations for the Department of such grants are allocated based on an assess- (b) The fees collected pursuant to the ad- Homeland Security for the fiscal year ment of threat, vulnerability, and con- justment of fees made under subsection (a) ending September 30, 2007, and for sequence, to the maximum extent prac- shall be in addition to the fees authorized ticable; and under section 286 of the Immigration and Na- other purposes; which was ordered to lie on the table; as follows: tionality Act (8 U.S.C. 1356). SA 4635. Mr. CARPER submitted an On page 76, beginning on line 6, strike SA 4629. Mr. SESSIONS submitted an ‘‘Provided’’ and all that follows through the amendment intended to be proposed by amendment intended to be proposed by colon on line 11, and insert ‘‘Provided further, him to the bill H.R. 5441, making ap- him to the bill H.R. 5441, making ap- That none of the funds appropriated in this propriations for the Department of propriations for the Department of Act or any other appropriations Act to carry Homeland Security for the fiscal year Homeland Security for the fiscal year out programs under section 287(g) of the Im- ending September 30, 2007, and for ending September 30, 2007, and for migration and Nationality Act (8 U.S.C. other purposes; which was ordered to other purposes; which was ordered to 1357(g)) may be redirected for any purpose or lie on the table; as follows: used for any purpose other than to carry out lie on the table; as follows: such programs:’’. On page 114, line 8, insert the following: On page 75, line 8, strike ‘‘$3,740,357,000’’ ‘‘Until the Secure Flight program or a follow and insert ‘‘$3,826,027,000, of which not less SA 4632. Mr. LEVIN (for himself and on or successor passenger screening program than $104,000,000 shall be available to in- Ms. STABENOW) submitted an amend- has been deployed or implemented, of the crease the number of full time active duty ment intended to be proposed by him amount made available under title II under investigators employed by the Department the heading ‘TRANSPORTATION SECURITY AD- to the bill H.R. 5441, making appropria- of Homeland Security to investigate viola- MINISTRATION’ for aviation security, such tions of immigration laws (as defined in sections for the Department of Homeland sums as are necessary shall be available to tion 101(a)(17) of the Immigration and Na- Security for the fiscal year ending Sep- provide airlines with technical or other as- tionality Act (8 U.S.C. 1101(a)(17)) by not less tember 30, 2007, and for other purposes; sistance to better align their reservation and than 800 above the number of such positions which was ordered to lie on the table; ticketing systems with the Transportation for which funds were made available during as follows: Security Administration’s Watch List and in the fiscal year ending September 30, 2006, as At the appropriate place, insert the fol- alleviating travel delays and other problems provided in section 5203 of the Intelligence lowing: associated with mistaken identification.’’. Reform and Terrorism Prevention Act of 2004 SEC. ll. Of the amounts appropriated or (Pub. L. 108 458);’’. Ms. CANTWELL submitted At the appropriate place, insert the fol- otherwise made available by this Act under SA 4636. lowing: the headings ‘‘AIR AND MARINE INTERDICTION, an amendment intended to be proposed SEC. ll. All discretionary amounts made OPERATIONS, MAINTENANCE, AND PROCURE- by her to the bill H.R. 5441, making ap- available under this Act, other than the MENT’’, $17,000,000 may be available for the propriations for the Department of amount appropriated under the ‘‘Immigra- establishment of a Northern border air wing Homeland Security for the fiscal year tion and Customs Enforcement salaries and in an appropriate location in the State of Michigan. ending September 30, 2007, and for expenses’’ subheading, shall be reduced on a other purposes; which was ordered to pro rata basis by $85,670,000. SA 4633. Mr. ALLARD submitted an lie on the table; as follows: SA 4630. Mr. SESSIONS (for himself amendment intended to be proposed by On page 127, between lines 2 and 3, insert and Mr. ENSIGN) submitted an amend- him to the bill H.R. 5441, making ap- the following:

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7440 CONGRESSIONAL RECORD — SENATE July 12, 2006 SEC. 540. REPORT ON CROSS BORDER COMMU- SA 4640. Mrs. MURRAY submitted an AUTHORITY FOR COMMITTEES TO NICATIONS CHALLENGES FOR THE amendment intended to be proposed by MEET 2010 OLYMPICS. (a) IN GENERAL.—Not later than 6 months her to the bill H.R. 5441, making appro- COMMITTEE ON BANKING, HOUSING, AND URBAN after the date of enactment of this Act, the priations for the Department of Home- AFFAIRS Secretary of Homeland Security, in coordi- land Security for the fiscal year ending Mr. GREGG. Mr. President, I ask nation with the Secretary of State, the Fed- September 30, 2007, and for other pur- unanimous consent that the Com- eral Communications Commission, and rel- poses; which was ordered to lie on the mittee on Banking, Housing, and evant agencies in the States of Alaska, table; as follows: Urban Affairs be authorized to meet Idaho, Montana, Oregon, and Washington, shall— On page 104, line 9, strike ‘‘$106,414,000’’ and during the session of the Senate on (1) evaluate the technical and operational insert ‘‘$104,414,000’’. July 12, 2006, at 10:30 a.m., to conduct a challenges with respect to interoperable On page 105, line 1, strike ‘‘$712,041,000’’ and hearing on the nominations of Mr. communications facing regional, local, insert ‘‘$714,041,000’’. Frederic S. Mishkin, of New York, to State, and Federal authorities in preparing On page 105, line 7, strike ‘‘costs.’’ and in- be a member of the Board of Governors for the 2010 Olympics; and sert the following: ‘‘costs: Provided further, of the Federal Reserve System; Ms. (2) develop an integrated plan for address- That $2,000,000 under this heading shall be Linda Mysliwy Conlin, of New Jersey, ing such technical and operational chal- available for the construction of radiological to be first Vice President of the Ex- lenges. laboratories at Pacific Northwest National port-Import Bank; Mr. Geoffrey S. (b) REPORT TO CONGRESS.—The Secretary of Laboratory:’’. Homeland Security shall submit and present Provided further that funding will not be Bacino, of Illinois, to be a Director of the plan developed under subsection (a) to available until an memorandum of under- the Federal Housing Finance Board; the Committee on Commerce, Science, and standing between the Department of Home- Mr. Edmund C. Moy, of Wisconsin, to Transportation of the Senate and the Com- land Security and the Department of Energy be Director of the Mint; and Mr. J. Jo- mittee on Energy and Commerce of the has been entered into. seph Grandmaison, of New Hampshire, House of Representatives. to be a member of the Board of Direc- tors of the Export-Import Bank. Ms. STABENOW submitted SA 4641. Mr. DODD submitted an SA 4637. The PRESIDING OFFICER. Without an amendment intended to be proposed amendment intended to be proposed by objection, it is so ordered. by her to the bill H.R. 5441, making ap- him to the bill H.R. 5441, making ap- COMMITTEE ON ENERGY AND NATURAL propriations for the Department of propriations for the Department of Homeland Security for the fiscal year RESOURCES Homeland Security for the fiscal year Mr. GREGG. Mr. President, I ask ending September 30, 2007, and for ending September 30, 2007, and for other purposes; which was ordered to unanimous consent that the Com- other purposes; which was ordered to mittee on Energy and Natural Re- lie on the table; as follows: lie on the table; as follows: On page 91, line 6, strike ‘‘$2,393,500,000’’ sources be authorized to meet during On page 91, line 6, strike ‘‘$2,393,500,000’’ the session of the Senate on Wednes- and insert ‘‘$2,793,500,000’’. and insert ‘‘$12,083,500,000’’. On page 93, between lines 8 and 9, insert On page 91, line 8, strike ‘‘$500,000,000’’ and day, July 12, 2006, at 11:30 a.m. The pur- the following: insert ‘‘$2,896,000,000’’. pose of this meeting is to consider the (5) $400,000,000 for interoperable commu- On page 91, line 9, strike ‘‘$350,000,000’’ and nomination of Marc Spitzer of Arizona nications grants, which is designated as an insert ‘‘$2,027,000,000’’. to be a member of the Federal Energy emergency requirement pursuant to section On page 91, line 22, strike ‘‘$1,172,000,000’’ Regulatory Commission. 402 of S. Con. Res. 83 (109th Congress), the and insert ‘‘$6,789,000,000’’. The PRESIDING OFFICER. Without concurrent resolution on the budget for fis- On page 92, line 1, strike ‘‘$745,000,000’’ and objection, it is so ordered. insert ‘‘$4,315,000,000’’. cal year 2007, as made applicable in the Sen- COMMITTEE ON FINANCE ate by section 7035 of Public Law 109–234. On page 92, line 3, strike ‘‘$210,000,000’’ and insert ‘‘$1,216,000,000’’. Mr. GREGG. Mr. President, I ask SA 4638. Mrs. BOXER submitted an On page 92, line 9, strike ‘‘$5,000,000’’ and unanimous consent that the Com- amendment intended to be proposed by insert ‘‘$30,000,000’’. mittee on Finance be authorized to her to the bill H.R. 5441, making appro- On page 92, line 11, strike ‘‘$12,000,000’’ and meet during the session on Wednesday, insert ‘‘$69,000,000’’. priations for the Department of Home- July 12, 2006, at 10 a.m., in 215 Dirksen On page 92, line 13, strike ‘‘$150,000,000’’ and Senate Office Building, to hear testi- land Security for the fiscal year ending insert ‘‘$869,000,000’’. September 30, 2007, and for other pur- On page 92, line 17, strike ‘‘$50,000,000’’ and mony on ‘‘S. 3495—A bill to authorize poses; which was ordered to lie on the insert ‘‘$290,000,000’’. the extension of nondiscriminatory table; as follows: On page 94, line 17, strike ‘‘$655,000,000, of treatment (normal trade relations At the appropriate place, insert the fol- which $540,000,000’’ and insert ‘‘$3,794,000,000, treatment) to the products of Viet- lowing: of which $3,128,000,000’’. nam’’. SEC. ll. FEDERAL EARTHQUAKE RESPONSE On page 94, line 19, strike ‘‘$115,000,000’’ and The PRESIDING OFFICER. Without PLANS. insert ‘‘$666,000,000’’. objection, it is so ordered. On page 95, line 5, strike ‘‘$205,000,000’’ and Not later than 90 days after the date of en- COMMITTEE ON FOREIGN RELATIONS actment of this Act, the Director of the Fed- insert ‘‘$1,187,000,000’’. Mr. GREGG. Mr. President, I ask On page 96, line 6, strike ‘‘$45,887,000’’ and eral Emergency Management Agency shall unanimous consent that the Com- submit a report to Congress outlining Fed- insert ‘‘$265,800,000’’. eral earthquake response plans for high risk On page 96, line 12, strike ‘‘$525,056,000, of mittee on Foreign Relations be author- earthquake regions in the United States as which $442,547,000’’ and insert ‘‘$3,041,200,000, ized to meet during the session of the determined by the United States Geological of which $2,554,608,000’’. Senate on Wednesday, July 12, 2006, at Survey. 9:30 a.m. to hold a hearing on Multilat- SA 4642. Mr. PRYOR submitted an eral Development Banks. SA 4639. Mrs. MURRAY submitted an amendment intended to be proposed by The PRESIDING OFFICER. Without amendment intended to be proposed by him to the bill H.R. 5441, making ap- objection, it is so ordered. her to the bill H.R. 5441, making appro- propriations for the Department of COMMITTEE ON INDIAN AFFAIRS priations for the Department of Home- Homeland Security for the fiscal year Mr. GREGG. Mr. President, I ask land Security for the fiscal year ending ending September 30, 2007, and for unanimous consent that the Com- September 30, 2007, and for other pur- other purposes; which was ordered to mittee on Indian Affairs be authorized poses; which was ordered to lie on the lie on the table; as follows: to meet on Wednesday, July 12, 2006, at table; as follows: On page 66, line 5, strike ‘‘$166,456,000’’ and 9:30 a.m., in Room 106 of the Dirksen At the appropriate place, insert the fol- insert ‘‘$152,956,000’’. Senate Office Building, to conduct a lowing: On page 91, line 6, strike ‘‘$2,393,500,000’’ hearing on S. 660, the Lumbee Recogni- SEC. —. and insert ‘‘$2,407,000,000’’. tion Act. Notwithstanding any other provision of On page 93, strike lines 7 and 8 and insert The PRESIDING OFFICER. Without this Act, funding made available under title the following: objection, it is so ordered. VII, under the heading UNITED STATES COAST (4) $345,000,000 for training, exercises, tech- GUARD ACQUISITION, CONSTRUCTION, AND IM- nical assistance, and other programs: Pro- COMMITTEE ON THE JUDICIARY PROVEMENTS may be used to acquire law en- vided, That not less than $25,000,000 is for Mr. GREGG. Mr. President, I ask forcement patrol boats. technical assistance: unanimous consent that the Senate

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7441 Committee on the Judiciary be author- A resolution (S. Res. 527) condemning in (1) condemns in the strongest terms the ized to meet to conduct a hearing on the strongest terms the July 11, 2006, ter- July 11, 2006, terrorist attacks in Mumbai, Examining the Need for Comprehensive rorist attacks in India and expressing sym- India; Immigration Reform Part II’’ on pathy and support for the families of the de- (2) expresses its condolences to the fami- ceased victims and wounded as well as stead- lies and friends of those individuals killed in Wednesday, July 12, 2006, at 9:30 a.m. in fast support to the Government of India as it the attacks and expresses its sympathies to Hart Senate Office Building Room 216. seeks to reassure and protect the people of those individuals who have been injured; Witness list India and to bring the perpetrators of this (3) expresses its solidarity with the Gov- despicable act of terrorism to justice. ernment and people of India in fighting and Panel I: The Honorable Carlos M. There being no objection, the Senate defeating terrorism in all its forms; and (4) expresses its support for the enhance- Gutierrez, Secretary of Commerce, proceeded to consider the resolution. Washington, DC. ment of strategic cooperation between the Mr. MCCONNELL. I ask unanimous Panel II: Mr. Michael W. Cutler, Fel- United States and India, with the goal of consent that the resolution be agreed low, Center for Immigration Studies, combating terrorism and advancing peace to, the preamble be agreed to, and the and security. Washington, DC, Mr. Ben Johnson, Di- motion to reconsider be laid upon the rector, Immigration Policy Center, f table. Washington, DC, Dr. William McDon- AUTHORIZING PRINTING OF RE- ald, Professor of Sociology and Anthro- The PRESIDING OFFICER. Without VISED EDITION OF U.S. CON- pology, and Deputy Director, Institute objection, it is so ordered. STITUTION AND OTHER PUBLICA- of Criminal Law and Procedure, The resolution (S. Res. 527) was TIONS agreed to. Georgetown University Law Center, Mr. MCCONNELL. I ask unanimous The preamble was agreed to. Washington, DC, Mr. Niall O’Dowd, consent that the Senate now proceed to The resolution, with its preamble, Founder and Chairman, The Irish the consideration of S. Con. Res. 108 reads as follows: Lobby for Immigration Reform, New which was submitted earlier today. York, NY. S. RES. 527 The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Whereas, on July 11, 2006, during evening clerk will report the resolution by objection, it is so ordered. rush hour, 7 major explosions occurred on title. COMMITTEE ON SMALL BUSINESS AND commuter trains in the Indian financial cap- The legislative clerk read as follows: ital of Mumbai, killing as many as 200 and ENTREPRENEURSHIP A concurrent resolution (S. Con. Res. 108) Mr. GREGG. Mr. President, I ask wounding more than 400 innocent people; Whereas the Prime Minister of India, authorizing the printing of a revised edition unanimous consent that the Com- Manmohan Singh, has urged calm in the of a pocket version of the United States Con- mittee on Small Business and Entre- country and vowed to take all possible meas- stitution, and other publications. preneurship be authorized to meet dur- ures to maintain law and order and to defeat There being no objection, the Senate ing the session of the Senate for a the forces of terrorism; proceeded to consider the concurrent hearing entitled ‘‘Strengthening Par- Whereas the Mumbai attacks occurred resolution. ticipation of Small Businesses in Fed- shortly after a series of grenade attacks took Mr. MCCONNELL. I ask unanimous eral Contracting and Innovation Re- the lives of 8 innocent civilians and wounded consent that the concurrent resolution search Programs,’’ on Wednesday, July 39 others in tourist areas of Srinagar, the capital city of Indian Kashmir; be agreed to and the motion to recon- 12, 2006, beginning at 10:30 a.m. in Whereas the United States and India are sider be laid upon the table. Room 428A of the Russell Senate Office both multicultural, multireligious democ- The PRESIDING OFFICER. Without Building. racies that abhor terrorism in all its forms objection, it is so ordered. The PRESIDING OFFICER. Without and will continue to work steadfastly to- The concurrent resolution (S. Con. objection, it is so ordered. gether to overcome terrorist ideology and es- Res. 108) was agreed to, as follows: tablish peace and security; SELECT COMMITTEE ON INTELLIGENCE S. CON. RES. 108 Whereas the people of India have long Mr. GREGG. Mr. President, I ask faced, with bravery and resolve, past acts of Resolved by the Senate (the House of Rep- unanimous consent that the Select terrorism, including twin bombings at a resentatives concurring), Committee on Intelligence be author- train station and a temple in the Hindu holy SECTION 1. POCKET VERSION OF THE UNITED ized to meet during the session of the city of Varanasi that killed 20 people in STATES CONSTITUTION. Senate on July 12, 2006, at 2:30 p.m. to March 2006, a series of bombings in New (a) IN GENERAL.—The 22nd edition of the hold a closed briefing. Delhi a day before the Hindu festival of pocket version of the United States Con- The PRESIDING OFFICER. Without Diwali that resulted in the death of more stitution shall be printed as a Senate document under the direction of the Joint Com- objection, it is so ordered. than 60 people in October 2005, 2 simultaneous car bombings in Mumbai that killed 52 mittee on Printing. f people in August 2003, a bombing on a pas- (b) ADDITIONAL COPIES.—In addition to the senger train in Mumbai that killed 10 people usual number, there shall be printed the less- PRIVILEGES OF THE FLOOR in March 2003, an attack on a Hindu temple er of— Mr. GREGG. I ask unanimous con- in the state of Gujarat that left 33 people (1) 550,000 copies of the document, of which sent that the following interns be dead in September 2002, an attack on India’s 440,000 copies shall be for the use of the parliament in New Delhi in December 2001 House of Representatives, 100,000 copies shall granted the privilege of the floor dur- be for the use of the Senate, and 10,000 copies ing consideration of the fiscal year 2007 that left 14 people dead and precipitated a 5- month military stand off with neighboring shall be for the use of the Joint Committee Homeland Security appropriations bill Pakistan, a series of bombings that struck on Printing; or and any votes that may occur in rela- the Mumbai stock exchange, killing 257 peo- (2) such number of copies of the document tion thereto: Jeff Gonzalez, Kerri Tem- ple and wounding more than 1,000 others, and as does not exceed a total production and ple, Elliot Nethercutt, Hilary countless attacks in Indian Kashmir that printing cost of $198,000 with distribution to Bonaccorsi, and Laura Chisholm. have resulted in the deaths of tens of thou- be allocated in the same proportion as de- The PRESIDING OFFICER. Without sands of people over the last 16 years; scribed in paragraph (1), except that in no case shall the number of copies be less than objection, it is so ordered. Whereas the terrorists responsible for these attacks seek to disrupt the free, demo- 1 for each Member of Congress. f cratic, and pluralistic lifestyle enjoyed by SEC. 2. OUR FLAG. the people of India; CONDEMNING THE TERRORIST (a) IN GENERAL.—The 2006 revised edition Whereas the Government of India has been of the publication entitled ‘‘Our Flag’’ shall ATTACKS IN INDIA engaged in joint efforts with the United be printed as a Senate document under the Mr. MCCONNELL. I ask unanimous States Government to combat terrorism and direction of the Joint Committee on Print- consent that the Senate now proceed to to ensure a safer and more secure world; and ing. the consideration of S. Res. 527 which Whereas the governments of countries (b) ADDITIONAL COPIES.—In addition to the throughout the world strongly condemned was submitted earlier today. usual number, there shall be printed the less- the attacks in Mumbai, including the United er of— The PRESIDING OFFICER. The States Government and the Governments of (1) 550,000 copies of the document, of which clerk will report the resolution by Pakistan, the United Kingdom, and France: 440,000 copies shall be for the use of the title. Now, therefore, be it House of Representatives, 100,000 copies shall The legislative clerk read as follows: Resolved, That the Senate— be for the use of the Senate, and 10,000 copies

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7442 CONGRESSIONAL RECORD — SENATE July 12, 2006 shall be for the use of the Joint Committee Whereas hundreds of thousands of Ameri- DESIGNATING ‘‘NATIONAL FETAL on Printing; or cans have given their lives while serving in ALCOHOL SPECTRUM DISORDERS (2) such number of copies of the document the Armed Forces during the past century; AWARENESS DAY’’ as does not exceed a total production and Whereas the contributions and sacrifices of printing cost of $215,000 with distribution to the men and women who served in the Armed Mr. MCCONNELL. Mr. President, I be allocated in the same proportion as de- Forces have been vital in maintaining the ask unanimous consent that the Judi- scribed in paragraph (1), except that in no freedoms and way of life enjoyed by the peo- ciary Committee be discharged from case shall the number of copies be less than ple of the United States; further consideration, and the Senate 1 for each Member of Congress. Whereas the advent of the all-volunteer now proceed to S. Res. 499. SEC. 3. A BOTANIC GARDEN FOR THE NATION. Armed Forces has resulted in a sharp decline The PRESIDING OFFICER. Without (a) IN GENERAL.—There shall be printed as in the number of individuals and families objection, it is so ordered. The clerk a Senate document under the direction of who have had any personal connection with the Joint Committee on Printing the book the Armed Forces; will report the resolution by title. entitled ‘‘A Botanic Garden for the Nation’’, Whereas this reduction in familiarity with The legislative clerk read as follows: prepared by the United States Botanic Gar- the Armed Forces has resulted in a marked A resolution (S. Res. 499) designating Sep- dens. decrease in the awareness by young people of tember 9, 2006, as ‘‘National Fetal Alcohol (b) SPECIFICATIONS.—The Senate document the nature and importance of the accom- Spectrum Disorders Awareness Day.’’ described in subsection (a) shall include il- plishments of those who have served in the There being no objection, the Senate lustrations and shall be in the style, form, Armed Forces, despite the current edu- proceeded to consider the resolution. manner, and binding as directed by the Joint cational efforts of the Department of Vet- Ms. MURKOWSKI. Mr. President, in Committee on Printing. erans Affairs and the veterans service orga- June of this year, parents of children (c) NUMBER OF COPIES.—In addition to the nizations; usual number of copies, there shall be print- afflicted with fetal alcohol spectrum Whereas the system of civilian control of disorders and their advocates traveled ed with suitable binding the lesser of— the Armed Forces makes it essential that (1) 3,075 copies of the document, of which the future leaders of the Nation understand to our Nation’s Capital for the annual 725 copies shall be for the use of the Senate the history of military action and the con- FASD Hill Day. FASD Hill Day is spon- and 1,470 for the use the House of Represent- tributions and sacrifices of those who con- sored by the National Organization on atives with distribution determined by the duct such actions; and Fetal Alcohol Syndrome and organiza- Joint Committee on Printing, 880 copies for Whereas, on November 2, 2005, President the use of the Botanic Gardens with distributions that support those who care for George W. Bush issued a proclamation urg- FASD children in our States and com- tion determined by the Joint Committee of ing all the people of the United States to ob- Congress on the Library; or munities. serve November 6 through November 12, 2005, Nobody knows better than a parent (2) a number of copies that does not have a as ‘‘National Veterans Awareness Week’’: total production and printing cost of more Now, therefore, be it of a child afflicted with FASD how than $102,000. challenging it is to raise a child who Resolved, That the Senate— f was exposed to alcohol before birth. (1) designates the week of November 5 Nobody knows better the physical, DESIGNATING ‘‘NATIONAL through November 11, 2006, as ‘‘National Vet- VETERANS AWARENESS WEEK’’ erans Awareness Week’’; and mental, behavioral and learning dis- (2) encourages the people of the United abilities that can have lifelong impli- f States to observe the week with appropriate cations. I hope that my colleagues had DESIGNATING OCTOBER 20, 2006, AS educational activities. the opportunity to meet with the par- ‘‘NATIONAL MAMMOGRAPHY DAY’’ ents and advocates who participated in S. RES. 508 FASD Hill Day because they had a very Mr. MCCONNELL. Mr. President, I Whereas, according to the American Can- ask unanimous consent that the Judi- cer Society, in 2006, 212,920 women will be di- important story to tell. I am sure their ciary Committee be discharged en bloc agnosed with breast cancer and 40,970 women stories moved you, as they did me. from consideration of the following, will die from that disease; At the conclusion of FASD Hill Day, and that the Senate then proceed en Whereas it is estimated that about 2,000,000 the National Organization on Fetal Al- bloc to their consideration: S. Res. 507, women were diagnosed with breast cancer in cohol Syndrome hosted its annual S. Res. 508. the 1990s, and that, in nearly 500,000 of those Leadership Awards Benefit Reception, The PRESIDING OFFICER. Without cases, the cancer resulted in death; which was attended by the parents and objection, it is so ordered. The clerk Whereas African-American women suffer a advocates, as well as the children. I am 30-percent greater mortality rate from pleased to inform my colleagues that will report the resolutions by title. breast cancer than White women and more The legislative clerk read as follows: than 100 percent greater mortality rate from the distinguished Senator from North A resolution (S. Res. 507) designating the breast cancer than women from Hispanic, Dakota, Mr. DORGAN, received the 2006 week of November 5 through 11, 2006, as ‘‘Na- Asian, and American Indian populations; Leadership Award at the benefit recep- tional Veterans Awareness Week.’’ Whereas the risk of breast cancer increases tion. As a Senator who represents a A resolution (S. Res. 508) designating Octo- with age, with a woman at age 70 having State with one of the highest incidence ber 20, 2006, as ‘‘National Mammography twice as much of a chance of developing the Day.’’ rates of fetal alcohol spectrum dis- disease as a woman at age 50; orders, I appreciate the leadership of There being no objection, the Senate Whereas at least 80 percent of the women Mr. DORGAN and the support of all our proceeded to consider the resolutions. who get breast cancer have no family history colleagues, in the crusade to eradicate Mr. MCCONNELL. Mr. President, I of the disease; ask unanimous consent that the reso- Whereas mammograms, when operated FASD. The term ‘‘fetal alcohol spectrum lutions be agreed to en bloc, the mo- professionally at a certified facility, can pro- disorders’’ was coined by experts as an tions to reconsider be laid upon the vide safe screening and early detection of breast cancer in many women; umbrella term to describe the range of table en bloc, the preambles be agreed Whereas mammography is an excellent to en bloc, the motions to reconsider be effects that can occur in an individual method for early detection of localized whose mother drank alcohol during laid upon the table en bloc, and that breast cancer, which has a 5-year survival the consideration of these items appear pregnancy. It refers to conditions such rate of more than 97 percent; as fetal alcohol syndrome, fetal alcohol separately in the RECORD with no inter- Whereas the National Cancer Institute and vening action or debate. the American Cancer Society continue to effects, alcohol-related neurodevelop- The PRESIDING OFFICER. Without recommend periodic mammograms; and mental disorder and alcohol-related objection, it is so ordered. Whereas the National Breast Cancer Coali- birth defects. The resolutions (S. Res. 507 and S. tion recommends that each woman and her The only cause of FASD is alcohol Res. 508) were agreed to en bloc. health care provider make an individual de- use during pregancy. When a pregnant The preambles were agreed to en cision about mammography: Now, therefore, woman drinks, the alcohol crosses the bloc. be it placenta into the fetal blood system, The resolutions, with their pre- Resolved, That the Senate— reaching the fetus, its developing tis- ambles, read as follows: (1) designates October 20, 2006, as ‘‘Na- sues, and organs. This is how brain S. RES. 507 tional Mammography Day’’; and damage occurs, which in turn can lead Whereas tens of millions of Americans (2) encourages the people of the United to mental retardation, social and emo- have served in the Armed Forces of the States to observe the day with appropriate tional problems, learning disabilities United States during the past century; programs and activities. and other problems. It will shock my

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7443 colleagues to know that FASD is the occur in an individual whose mother drank national motto of the United States on the leading cause of mental retardation in alcohol during pregnancy; 50th anniversary of its formal adoption. all of Western civilization, including Whereas fetal alcohol spectrum disorders There being no objection, the Senate the United States. are the leading cause of mental retardation proceeded to consider the concurrent in western civilization, including the United By abstaining from the consumption States, and are 100 percent preventable; resolution. of alcohol during pregnancy a woman Whereas fetal alcohol spectrum disorders Mr. MCCONNELL. Mr. President, I can be 100 percent certain that her are a major cause of numerous social dis- ask unanimous consent that the con- baby will not be born with any of the orders, including learning disabilities, school current resolution be agreed to, the conditions regarded as fetal alcohol failure, juvenile delinquency, homelessness, preamble be agreed to, and the motion spectrum disorders. Every day of the unemployment, mental illness, and crime; to reconsider be laid upon the table. year we must remind women that no Whereas the incidence rate of fetal alcohol The PRESIDING OFFICER. Without amount of alcohol consumed during syndrome is estimated at 1 out of 500 live objection, it is so ordered. births and the incidence rate of fetal alcohol pregnancy is safe for their baby. No al- The concurrent resolution (S. Con. spectrum disorders is estimated at 1 out of Res. 96) was agreed to. cohol during pregnancy is safe. None at every 100 live births; all. Whereas the economic cost of fetal alcohol The preamble was agreed to. To dramatize this point, a group of syndrome alone to the Nation was The concurrent resolution, with its parents raising children afflicted with $5,400,000,000 in 2003 and it is estimated that preamble, reads as follows: FASD came together on the Internet each individual with fetal alcohol syndrome S. CON. RES. 96 and wondered in cyberspace, ‘‘What if a will cost taxpayers of the United States be- Whereas the phrase ‘‘In God We Trust’’ is world full of FASD parents came to- tween $1,500,000 and $3,000,000 in his or her the national motto of the United States; lifetime; Whereas, from the colonial beginnings of gether on the 9th hour of the 9th day of Whereas, in February 1999, a small group of the 9th month of the year and asked the United States, citizens of the Nation parents of children who suffer from fetal al- have officially acknowledged their depend- the world to remember that during the cohol spectrum disorders came together with ence on God; 9 months of pregnancy a woman should the hope that in 1 magic moment the world Whereas, in 1694, the phrase ‘‘God Preserve not consume alcohol?’’ If this were to could be made aware of the devastating con- Our Carolina and the Lords Proprietors’’ was occur, they wondered, ‘‘Would the sequences of alcohol consumption during engraved on the Carolina cent and the phrase world listen?’’ pregnancy; ‘‘God Preserve Our New England’’ was in- These pioneering activists, many of Whereas the first International Fetal Alco- scribed on coins that were minted in New hol Syndrome Awareness Day was observed England during that year; whom were adoptive and foster par- on September 9, 1999; ents, organized the first International Whereas, while declaring the independence Whereas Bonnie Buxton of Toronto, Can- of the United States from Great Britain, the Fetal Alcohol Syndrome Awareness ada, the co-founder of the first International Founding Fathers of the Nation asserted: Day, which was observed on September Fetal Alcohol Syndrome Awareness Day, ‘‘We hold these Truths to be self-evident, 9, 1999. On the 9th hour of the 9th day asked ‘‘What if...a world full of FAS/E that all Men are created equal, that they are of the 9th month every year they call [Fetal Alcohol Syndrome/Effect] parents all endowed by their Creator with certain upon all the peoples of this Nation, and got together on the ninth hour of the ninth unalienable Rights, that among these are all the peoples of this world, to observe day of the ninth month of the year and asked Life, Liberty and the pursuit of Happiness.’’; the world to remember that during the 9 Whereas those signers of the Declaration of a moment of silence to remind women months of pregnancy a woman should not of childbearing age that no amount of Independence further declared: ‘‘And for the consume alcohol...would the rest of the support of this Declaration, with a firm reli- alcohol is safe during pregnancy. Their world listen?’’; and ance on the protection of divine Providence, group continues to grow, including Whereas on the ninth day of the ninth we mutually pledge to each other our Lives, more than 70 volunteer coordinators in month of each year since 1999, communities our Fortunes and our sacred Honor.’’; eight countries. Through this grass- around the world have observed Inter- Whereas, in 1782, one of the great leaders of roots awareness effort, many women of national Fetal Alcohol Syndrome Awareness the United States, Thomas Jefferson, wrote: childbearing age are learning that no Day: Now, therefore, be it ‘‘[C]an the liberties of a nation be thought Resolved, That the Senate— amount of alcohol during pregnancy is secure when we have removed their only firm (1) designates September 9, 2006, as ‘‘Na- basis, a conviction in the minds of the people safe. tional Fetal Alcohol Spectrum Disorders On September 9, 2004, for the first that these liberties are the gift of God? That Awareness Day’’; and they are not to be violated but with His time, the moment of silence was ob- (2) calls upon the people of the United wrath?’’; served on the Senate floor. It is my States— Whereas the distinguished founding states- hope that the Senate honor this mo- (A) to observe National Fetal Alcohol man, Benjamin Franklin, when speaking in ment every year until fetal alcohol Spectrum Disorders Awareness Day with ap- 1787 at the Constitutional Convention, de- spectrum disorders are eradicated. propriate ceremonies— clared: ‘‘Our prayers, Sir, were heard, and (i) to promote awareness of the effects of The resolution that I have intro- they were graciously answered. All of us who prenatal exposure to alcohol; were engaged in the struggle must have ob- duced, S. Res. 499, designates Sep- (ii) to increase compassion for individuals tember 9, 2006, as National Fetal Alco- served frequent instances of a Super- affected by prenatal exposure to alcohol; intending providence in our favor. To that hol Spectrum Awareness Day. I thank (iii) to minimize further effects of prenatal kind providence we owe this happy oppor- my colleagues for their consideration exposure to alcohol; and tunity of consulting in peace on the means of and support of this resolution, which is (iv) to ensure healthier communities establishing our future national felicity. And so very important to the millions of across the United States; and have we now forgotten that powerful friend? Americans who are touched by FASD. (B) to observe a moment of reflection on or do we imagine that we no longer need His the ninth hour of September 9, 2006, to re- Mr. MCCONNELL. Mr. President, I assistance. I have lived, Sir, a long time and member that during the 9 months of preg- the longer I live, the more convincing proofs ask unanimous consent that the reso- nancy a woman should not consume alcohol. lution be agreed to, the preamble be I see of this truth — that God governs in the f affairs of men. And if a sparrow cannot fall agreed to, and the motion to reconsider NATIONAL MOTTO OF THE UNITED to the ground without his notice, is it prob- be laid upon the table. able that an empire can rise without his aid? The PRESIDING OFFICER. Without STATES We have been assured, Sir, in the sacred objection, it is so ordered. Mr. MCCONNELL. Mr. President, I writings that ‘except the Lord build they The resolution (S. Res. 499) was ask unanimous consent that the Judi- labor in vain that build it.’ I firmly believe agreed to. ciary Committee be discharged from this; and I also believe that without his con- The preamble was agreed to. further consideration, and the Senate curring aid we shall succeed in this political The resolution, with its preamble, now proceed to S. Con. Res. 96. building no better than the Builders of reads as follows: The PRESIDING OFFICER. Without Babel. . . .’’; Whereas the national hero and first Presi- S. RES. 499 objection, it is so ordered. The clerk dent, George Washington, proclaimed in his Whereas the term ‘‘fetal alcohol spectrum will report the concurrent resolution first inaugural address in 1789: ‘‘[I]t would be disorders’’ includes a broader range of condi- by title. peculiarly improper to omit in this first offi- tions and therefore has replaced the term The legislative clerk read as follows: cial act my fervent supplications to that Al- ‘‘fetal alcohol syndrome’’ as the umbrella A concurrent resolution (S. Con. Res. 96) to mighty Being who rules over the universe, term describing the range of effects that can commemorate, celebrate, and reaffirm the who presides in the councils of nations, and

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7444 CONGRESSIONAL RECORD — SENATE July 12, 2006 whose providential aids can supply every life of the Nation, before and after its official the second time on the next legislative human defect, that His benediction may con- adoption. day. secrate to the liberties and the happiness of f the people of the United States a govern- f ment instituted by themselves for these es- LOUIS BRAILLE BICENTENNIAL— ORDERS FOR THURSDAY, JULY 13, sential purposes, and may enable every in- BRAILLE LITERACY COMMEMO- 2006 strument employed in its administration to RATIVE COIN ACT execute with success the functions allotted Mr. MCCONNELL. Mr. President, I to his charge.’’; Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the Whereas one stanza of the ‘‘Star Spangled ask unanimous consent that the Com- Senate completes its business today, it Banner’’, which was written by Francis Scott mittee on Banking, Housing, and stand in adjournment until 9 a.m. to- Key in 1814 and adopted as the national an- Urban Affairs be discharged from fur- morrow, Thursday, July 13, 2006. I fur- them of the United States in 1931, states: ‘‘O ther consideration of H.R. 2872 and that ther ask unanimous consent that fol- thus be it ever when free-men shall stand, the Senate proceed to its immediate lowing the prayer and pledge, the Between their lov’d home and the war’s deso- consideration. morning hour be deemed expired, the lation; Blest with vict’ry and peace, may the heav’n-rescued land Praise the Pow’r that The PRESIDING OFFICER. Without Journal of proceedings be approved to hath made and preserv’d us as a nation! Then objection, it is so ordered. The clerk date, the time for the two leaders be conquer we must, when our cause it is just, will report the bill by title. reserved, and the Senate proceed to a And this be our motto: ‘In God is our trust!’ The legislative clerk read as follows: period of morning business for up to 30 And the star-spangled banner in triumph A bill (H.R. 2872) to require the Secretary minutes, with the first 15 minutes shall wave O’er the land of the free and the of the Treasury to mint coins in commemo- under the control of the Democratic home of the brave!’’; ration of Louis Braille. leader or his designee, and the final 15 Whereas, in 1861, the Secretary of the There being no objection, the Senate minutes under the control of the ma- Treasury, Salmon P. Chase, while instructing James Pollock, Director of the Mint at proceeded to consider the bill. jority leader or his designee; further, Philadelphia, to prepare a motto, stated: Mr. MCCONNELL. Mr. President, I that following morning business, the ‘‘No nation can be strong except in the ask unanimous consent that the bill be Senate then resume consideration of strength of God, or safe except in His de- read a third time and passed, the mo- H.R. 5441, the Homeland Security ap- fense. The trust of our people in God should tion to reconsider be laid upon the propriations bill. be declared on our national coins. You will table, and that any statements relating The PRESIDING OFFICER. Without cause a device to be prepared without unnec- to the bill be printed in the RECORD. objection, it is so ordered. essary delay with a motto expressing in the The PRESIDING OFFICER. Without f fewest and tersest words possible this na- objection, it is so ordered. tional recognition.’’; PROGRAM Whereas the phrase ‘‘In God We Trust’’ The bill (H.R. 2872) was ordered to a third reading, was read the third time, Mr. MCCONNELL. Mr. President, first appeared on a coin of the United States today we made good progress on the in 1864; and passed. Homeland Security appropriations bill. Whereas, in 1955, the phrase ‘‘In God We f Trust’’ was designated as a mandatory Tomorrow we will continue on it. It is phrase to be inscribed on all currency and MEASURE PLACED ON THE the hope and expectation of the major- coins of the United States; CALENDAR—S. 3637 ity leader and Chairman GREGG that Whereas, on March 28, 1956, the Judiciary Mr. MCCONNELL. Mr. President, I we will complete the bill by tomorrow Committee of the House of Representatives, understand there is a bill at the desk evening. If Senators have amendments in its report accompanying H. J. Res. 396 that is due for a second reading. to offer, they should be working with (84th Congress), stated: ‘‘It will be of great the bill managers in order to get those spiritual and psychological value to our The PRESIDING OFFICER. The country to have a clearly designated na- clerk will read the title of the bill for amendments in the queue for consider- tional motto of inspirational quality in the second time. ation tomorrow. Obviously, we will plain, popularly accepted English.’’; The legislative clerk read as follows: have a busy day with votes throughout Whereas, on July 30, 1956, President Dwight A bill (S. 3637) to require the submittal to the day. Again, let me remind everyone D. Eisenhower signed H. J. Res. 396 (84th Congress of any Presidential Daily Briefing it is the intention of the leader and the Congress), making the phrase ‘‘In God We relating to Iraq during the period beginning chairman of the Homeland Security Trust’’ the official motto of the United on January 20, 1997, and ending on March 19, Subcommittee that we finish the bill States; and 2003. tomorrow night. I have every con- Whereas the occasion of the 50th anniver- Mr. MCCONNELL. Mr. President, in fidence that with everyone’s coopera- sary of the formal adoption of the national motto of the United States, ‘‘In God We order to place the bill on the calendar tion, we will be able to do that. Trust’’, presents an opportunity for the citi- under the provisions of rule XIV, I ob- f ject to further proceedings. zens of the United States to reaffirm the ADJOURNMENT UNTIL 9 A.M. The PRESIDING OFFICER. Objec- concept embodied in that motto that— TOMORROW (1) the proper role of civil government is tion having been heard, the bill will be derived from the consent of the governed, placed on the calendar. Mr. MCCONNELL. Mr. President, if who are endowed by their Creator with cer- f there is no further business to come be- tain unalienable Rights; and fore the Senate, I ask unanimous con- (2) the success of civil government relies MEASURE READ THE FIRST sent that the Senate stand in adjourn- firmly on the protection of divine Provi- TIME—H.R. 4411 dence: Now, therefore, be it ment under the previous order. Resolved by the Senate (the House of Rep- Mr. MCCONNELL. Mr. President, I There being no objection, the Senate, resentatives concurring), That Congress— understand there is a bill at the desk, at 7:16 p.m, adjourned until Thursday, (1) commemorates the 50th anniversary of and I ask for its first reading. July 13, 2006 at 9 a.m. the national motto of the United States, ‘‘In The PRESIDING OFFICER. The f God We Trust’’; clerk will report the bill by title for (2) celebrates the national motto as— NOMINATIONS (A) a fundamental aspect of the national the first time. The legislative clerk read as follows: Executive nominations received by life of the citizens of the United States; and the Senate July 12, 2006: (B) a phrase that is central to the hopes A bill (H.R. 4411) to prevent the use of cer- and vision of the Founding Fathers for the tain payment instruments, credit cards, and DEPARTMENT OF STATE perpetuity of the United States; fund transfers for unlawful Internet gam- PHILIP S. GOLDBERG, OF MASSACHUSETTS, A CAREER bling, and for other purposes. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF (3) reaffirms today that the substance of COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND the national motto is no less vital to the fu- Mr. MCCONNELL. Mr. President, I PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ture success of the Nation; and now ask for its second reading, and in TO THE REPUBLIC OF BOLIVIA. (4) encourages the citizens of the United JOHN C. ROOD, OF ARIZONA, TO BE AN ASSISTANT SEC- order to place the bill on the calendar RETARY OF STATE (INTERNATIONAL SECURITY AND States to reflect on— NON-PROLIFERATION), VICE STEPHEN GEOFFREY (A) the national motto of the United under the provisions of rule XIV, I ob- RADEMAKER, RESIGNED. States; and ject to my own request. INTERNATIONAL BANKS The PRESIDING OFFICER. Objec- (B) the integral part that the national HENRY M. PAULSON, JR., OF NEW YORK, TO BE UNITED motto of the United States has played in the tion is heard. The bill will be read for STATES GOVERNOR OF THE INTERNATIONAL MONETARY

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 9801 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7445

FUND FOR A TERM OF FIVE YEARS; UNITED STATES GOV- MARK ALAN PANNELL, OF WASHINGTON IN THE AIR FORCE ERNOR OF THE INTERNATIONAL BANK FOR RECON- ELAINE A. PAPLOS, OF NORTHERN MARIANA ISLANDS STRUCTION AND DEVELOPMENT FOR A TERM OF FIVE DANTE PARADISO, OF OREGON THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- YEARS; UNITED STATES GOVERNOR OF THE INTER- RONALD DREW PERKEL, OF COLORADO MENT TO THE GRADE INDICATED IN THE RESERVE OF AMERICAN DEVELOPMENT BANK FOR A TERM OF FIVE JON E. PIECHOWSKI, OF ILLINOIS THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: YEARS; UNITED STATES GOVERNOR OF THE AFRICAN DE- AMANDA CAROL CECILIA PILZ, OF CALIFORNIA VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED JAMES H. POTTS III, OF INDIANA To be colonel STATES GOVERNOR OF THE ASIAN DEVELOPMENT BANK; ALLEN LEWIS POWELL, OF VIRGINIA JOHN D. ADAMS, 0000 UNITED STATES GOVERNOR OF THE AFRICAN DEVELOP- JAY R. RAMAN, OF TENNESSEE JOHN S. CRAMER, 0000 MENT FUND; UNITED STATES GOVERNOR OF THE EURO- SANJAY RAMESH, OF NEW JERSEY DIANE HUEY, 0000 PEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT, ROBERT BENJAMIN RICHARDS, OF VIRGINIA VICE JOHN W. SNOW, RESIGNED. JEFFREY E. RIGLER, OF FLORIDA THE FOLLOWING NAMED INDIVIDUALS IN THE GRADES INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, FOREIGN SERVICE PHILIP W. ROSKAMP, OF TEXAS JOSHUA NATHANIEL RUBIN, OF VIRGINIA U.S.C., SECTION 531(A): THE FOLLOWING-NAMED PERSONS OF THE AGENCIES AARON BEERS SAMPSON, OF MINNESOTA To be colonel INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- DAVID J. SHAO, OF TEXAS FICERS OF THE CLASSES STATED. FOR APPOINTMENT AS KATHERINE D. SHARP, OF WYOMING JOHN D. ADAMS, 0000 FOREIGN SERVICE OFFICERS OF CLASS FOUR, CONSULAR MACHUTMI AWUNGSHI SHISHAK, OF PENNSYLVANIA JOHN S. CRAMER, 0000 OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERV- JAMES MATTHEW SINDLE, OF TEXAS DIANE HUEY, 0000 ICE OF THE UNITED STATES OF AMERICA: JORDAN STANCIL, OF MICHIGAN STEPHEN M. STARK, OF MICHIGAN To be lieutenant colonel DEPARTMENT OF STATE LISA SWENARSKI DE HERRERA, OF CALIFORNIA EVERETT L. CHAPMAN, 0000 CATHERINE E. TAYLOR, OF UTAH M. SUZANNE ARCHULETA, OF COLORADO THOMAS S. LILLY, 0000 SONIA FRANCELA URBOM, OF WASHINGTON JUAN T. AVECILLA, OF CALIFORNIA ANTHONY PRESICCI, 0000 JAMES ANDREW BALL IV, OF FLORIDA ANDREW M. VEPREK, OF LOUISIANA NORMAN H. BARTH, OF CALIFORNIA NEAL ROBERT VERMILLION, OF WISCONSIN To be major JEREMY A. BECK, OF IDAHO MICHAEL ALLEN VIA, OF ARIZONA MAYRA ARROYOORTIZ, 0000 GREGORY L. BERNSTEEN, OF FLORIDA JULIE MARGUERITE VIBUL, OF TENNESSEE DEBORAH ASHCRAFTOLMSCHEID, 0000 CHRISTOPHER WATKINS BISHOP, OF MISSISSIPPI GEORGE LAVELL WARD, OF MARYLAND STEPHEN C. AUSBAND, 0000 MATTHEW A. BOCKNER, OF THE DISTRICT OF COLUMBIA TANYA GANT WARD, OF OREGON MARK R. BAIN, 0000 SUZANNE L. BODOIN, OF MASSACHUSETTS WILLIAM W. WHITAKER, OF ALASKA JOHN A. BENSON, 0000 KEVIN MICHAEL BRADY, OF TEXAS DAVID SIDNEY WILLIAMS, OF CALIFORNIA GUSTAVO I. CADAVID, 0000 KIRNINDER P. BRAICH, OF NEW JERSEY STEFANIE ALTMAN WINANS, OF VIRGINIA CLAY J. COLON, 0000 WALTER BRAUNOHLER, OF MICHIGAN NOELLE OLIVE WRIGHT-YOUNG, OF FLORIDA PHILLIP J. COVER, 0000 LAURA J. BROWN, OF VIRGINIA CHRISTIAN YARNELL, OF NEW JERSEY PETER B. DODSON, 0000 RACHEL BRUNETTE-CHEN, OF VIRGINIA KENNETH MARK ZURCHER, OF KANSAS DAVID A. DUPONT, 0000 DOUGLAS G. CAREY, OF CALIFORNIA AREND C. ZWARTJES, OF TEXAS BRIAN J. EADES, 0000 JOSH M. CARTIN, OF FLORIDA THE FOLLOWING-NAMED CAREER MEMBER OF THE DOUGLAS J. FEELEY, 0000 JOSEPH LEE CHAMBERLAIN, OF COLORADO FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR ALLYSON S. HOWE, 0000 VINAY CHAWLA, OF NEW JERSEY PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE JON R. JACOBSON, 0000 AMY L. CHRISTIANSON, OF VIRGINIA CLASS INDICATED: CAREER MEMBER OF THE FOREIGN SCOTT W. JOSLIN, 0000 MICHAEL A. CLASSICK, OF OREGON SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF MICHAEL D. LANDES, 0000 MICHAEL CLAUSEN, OF NEW YORK COUNSELOR: FAITH E. MADDEN, 0000 CAROLYN H. COBERLY, OF VIRGINIA JOHN D. LAVELLE, JR., OF VIRGINIA DIOSDADO S. PANGILINAN, 0000 APRIL C. COHEN, OF NEW YORK DOUGLAS M. SPAETH, 0000 ANNE SOPHIE COLEMAN, OF ILLINOIS NATIONAL OCEANIC AND ATMOSPHERIC LANCE C. SWEENEY, 0000 PATRICK D. CONNELL, OF MASSACHUSETTS ADMINISTRATION NORMAN K. THAXTER, 0000 BARBARA CORDANO, OF TEXAS HEAHTER WILSON, 0000 JASON L. CRAIG, OF UTAH SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE CHARLES J. WOLF, 0000 COLLEEN ELIZABETH CRENWELGE, OF TEXAS FOLLOWING FOR PERMANENT APPOINTMENT TO THE KARL WOODMANSEY, 0000 JUSTIN CHARLES CREVIER, OF WASHINGTON GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- MARTIN A. DALE, OF IOWA MOSPHERIC ADMINISTRATION: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LOREN NICOLE DENT, OF FLORIDA TO THE GRADE INDICATED IN THE UNITED STATES AIR RACHAEL THOMASIN DOHERTY, OF THE DISTRICT OF CO- To be captain FORCE UNDER TITLE 10, U.S.C., SECTION 624: LUMBIA WADE J. BLAKE REBEKAH DRAME, OF CALIFORNIA To be lieutenant colonel BRIAN K. TAGGERT T. ALAN ELROD, OF WYOMING JOHN E. HERRING MARK D. CAMPBELL, 0000 ANN MARIE LOFRISCO EVERITT, OF FLORIDA CHRISTOPHER S. MOORE JOHN P. DITTER, 0000 TIMOTHY EYDELNANT, OF ILLINOIS NORMAN D. ELLIS, 0000 STEFANIE BATES EYE, OF TEXAS IN THE ARMY MICHAEL E. GILBERT, 0000 GEORGE FARAG, OF NEW JERSEY BRUCE R. GLOVER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KATHRYN SMITH FITRELL, OF FLORIDA KARIS K. GRAHAM, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED WILLIAM FLENS, OF ILLINOIS MICHAEL D. GRUBBS, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND B. JAMISON FOUSS, OF COLORADO PHILLIP C. GUIN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: REBECCA L. FRERICHS, OF WYOMING DOUGLAS C. HALL, 0000 LESLIE DIANE FRERIKSEN, OF TEXAS To be lieutenant general MARK P. ROWAN, 0000 DANIEL L. GAGE, OF FLORIDA STEVEN E. WEST, 0000 DAVID J. GAINER, OF NEW HAMPSHIRE LT. GEN. ROBERT T. DAIL, 0000 MICHAEL R. WILLIAMS, 0000 PETER JAMES GANSER, OF VIRGINIA GARY J. ZICCARDI, 0000 MARY BETH GOODMAN, OF THE DISTRICT OF COLUMBIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NIKOLAS EDWIN GRANGER, OF WASHINGTON IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GABRIELLE J. GUIMOND, OF WASHINGTON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TO THE GRADE INDICATED IN THE UNITED STATES AIR JONATHAN ALEXANDER HABJAN, OF CALIFORNIA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: FORCE UNDER TITLE 10, U.S.C., SECTION 624: JASON EDWARD HAHN, OF NEW YORK CHARLES JEFFREY HAMILTON, OF UTAH To be lieutenant general To be lieutenant colonel THOMAS WAYNE HAMM, OF MASSACHUSETTS LT. GEN. STANLEY A. MCCHRYSTAL, 0000 MICHAEL J. APOL, 0000 DARRIEN SCOTT HANEY, OF TEXAS MELISSA L. BARSOTTI, 0000 JOHN T. HARDMAN, OF MARYLAND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFERSON B. BROWN, 0000 DAVID BRIAN HARRISON, OF FLORIDA IN THE RESERVE OF THE ARMY TO THE GRADE INDI- BRUCE D. COX, 0000 INGA HEEMINK, OF TEXAS CATED UNDER TITLE 10, U.S.C., SECTION 12203: JOHN D. DOUGLAS, 0000 CAROLINA HIDEA, OF ARIZONA To be major general GREGORY O. FRIEDLAND, 0000 JOHNATHAN ALEXANDER HILTON, OF ALABAMA JOHN R. HEATON, 0000 JEROME P. HOHMAN, OF CALIFORNIA BRIG. GEN. MICHAEL A. KUEHR, 0000 MICHAEL R. HOVERSTEN, 0000 HOLLY C HOLZER, OF CALIFORNIA ALAN S. LIU, 0000 D. IAN HOPPER, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LARRY O.Y.C. LOHMAN, 0000 ELIZABETH S. HOSINSKI, OF VIRGINIA IN THE RESERVE OF THE ARMY TO THE GRADE INDI- EDWARD R. LUCAS, 0000 ROKSANA K. HOUGE, OF TEXAS CATED UNDER TITLE 10, U.S.C., SECTION 12203: LORI L. MAY, 0000 JOHN J. IBARRA, OF TEXAS To be major general ERIC F. MEJIA, 0000 PHILIP MATTHEW INGENERI, OF MAINE JEANNE M. MEYER, 0000 MICHELLE JAVOR, OF MINNESOTA BRIG. GEN. JAMES B. MALLORY III, 0000 BRADLEY W. MITCHELL, 0000 JOHN E. JOHNSON, OF WASHINGTON ADAM OLER, 0000 THOMAS L. JOHNSTON III, OF COLORADO THE FOLLOWING ARMY NATIONAL GUARD OF THE MARK H. PATTERSON, 0000 JAMES DAVID KAY, OF WASHINGTON UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- TOM E. POSCH, 0000 MARK EVANS KENDRICK, OF TEXAS SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ROBERT J. PRESTON II, 0000 STEPHEN CHRISTIAN KOCHUBA, OF PENNSYLVANIA TITLE 10, U.S.C., SECTION 12203: KAREN M. RHONE, 0000 ERIN ELIZABETH KOTHEIMER, OF NEW YORK To be major general LINETTE I. ROMER, 0000 ALBERT J. KRAAIMOORE, OF OREGON BRIAN M. ROOU, 0000 NEILL G. KROST, OF CALIFORNIA BRIG. GEN. JIMMY G. WELCH, 0000 JEFFREY D. SATTLER, 0000 SANDRA ANNE LABARGE, OF WASHINGTON CHRISTOPHER M. SUPERNOR, 0000 LOURDES MARIA LAMELA, OF THE DISTRICT OF COLUM- IN THE MARINE CORPS DUANE M. THOMPSON, 0000 BIA MICHAEL D. TOMATZ, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RACHEL MARIE LEATHAM, OF VIRGINIA BRIAN T. VARN, 0000 TO THE GRADE OF LIEUTENANT GENERAL IN THE RODNEY SCOTT LEGRAND, OF VIRGINIA JENNIFER A. WHITTIER, 0000 UNITED STATES MARINE CORPS WHILE ASSIGNED TO A AMY CATHERINE LENK, OF MINNESOTA DAWN M. K. ZOLDI, 0000 JAMES V. LIDDLE, OF THE DISTRICT OF COLUMBIA POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER AARON L. LUSTER, OF ARKANSAS TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIK C. MARTINI, OF VIRGINIA TO THE GRADE INDICATED IN THE UNITED STATES AIR TIFFANY LAVERN MCGRIFF, OF NEW JERSEY To be lieutenant general FORCE UNDER TITLE 10, U.S.C., SECTION 624: PATRICIA ANN MEEKS, OF VIRGINIA LT. GEN. JOHN F. SATTLER, 0000 To be lieutenant colonel TRACI L. MELL, OF ILLINOIS HARRY B. MEYER, OF MARYLAND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RAYMOND A. BAILEY, 0000 TETA MARIA MOEHS, OF VIRGINIA IN THE UNITED STATES MARINE CORPS TO THE GRADE WILLIAM J. BARNES, 0000 DANIELLE MONOSSON, OF THE DISTRICT OF COLUMBIA INDICATED UNDER TITLE 10, U.S.C., SECTION 624: KEITH N. BISHOP, 0000 MEGHAN MARIE MOORE, OF ALASKA To be brigadier general KEVIN L. BOERMA, 0000 NICHOLAS S. NAMBA, OF CONNECTICUT THERESE A. BOHUSCH, 0000 BRENDAN J. O’BRIEN, OF NEW JERSEY COL. CHARLES M. GURGANUS, 0000 DAVID L. BRINGHURST, 0000

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 9801 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7446 CONGRESSIONAL RECORD — SENATE July 12, 2006

PHILLIP P. BROWN, 0000 SARA A. BEYER, 0000 FIONA A. CHRISTIANSON, 0000 DAVID E. BYER, 0000 MICHAEL J. BIBEAU, 0000 MICHAEL S. CHRISTIE, 0000 GORDON H. CAMPBELL, JR., 0000 MICHELLE P. BICKLEY, 0000 TONY C. M. CHU, 0000 VICTOR CARAVELLO, 0000 ANN N. BIGGERS, 0000 JOHN D. CINNAMON, 0000 MARI L. CHAMBERLAIN, 0000 STEVEN W. BIGGS, 0000 CHRISTOPHER S. CLARK, 0000 JOSEPH W. CODY, 0000 JOHN R. BINDER III, 0000 DANIEL P. CLARK, 0000 MARIE P. COLASANTI, 0000 ANN M. BIRCHARD, 0000 JAMES D. CLARK, 0000 CAROL M. COPELAND, 0000 ERIC J. BJURSTROM, 0000 RICHARD A. CLARK, 0000 STEVEN G. CUSACK, 0000 SHEILA G. BLACK, 0000 TEAL CLARK, 0000 GREGORY A. FRICK, 0000 MALCOLM E. BLAIR, 0000 WILLIAM C. CLARK, 0000 MITCHELL A. GARNICK, 0000 KEVIN E. BLANCHARD, 0000 HARRY M. CLAWSON, 0000 RANDY A. GREEN, 0000 WAYNE C. BLANCHETTE, 0000 DONALD T. CLOCKSIN, 0000 CYNTHIA D. HAMPTON, 0000 COBY D. BLAND, 0000 RICHARD L. CLOSSER, JR., 0000 MAUREEN O. HARBACK, 0000 SEVERIN J. BLENKUSH II, 0000 JAMES R. CLUFF, 0000 LAURIE A. HOBBS, 0000 JOSEPH M. BLEVINS, 0000 DARREN L. COCHRAN, 0000 KHALID M. IRSHAD, 0000 MICHAEL A. BLOCK, 0000 TIMOTHY P. K. COGER, 0000 MARK F. LAMB, 0000 ROBERT M. BLOCK, 0000 THEODORE A. COINER, 0000 JAMES W. LASSWELL, 0000 ROD B. BLOKER, 0000 CHRISTOPHER R. COLBERT, 0000 KEVIN M. LIER, 0000 DENNIS R. BLYTHE, 0000 JAMES R. COLE, 0000 KEVIN E. MARTILLA, 0000 MICHAEL E. BODTKE, 0000 STAN G. COLE, 0000 KEVIN J. MCCAL, 0000 FREDERICK D. BOETTCHER, 0000 CHRISTOPHER B. COLLETT, 0000 ANDREW B. MEADOWS, 0000 RICHARD K. BOHN, JR., 0000 JEFFREY A. COLLINS, 0000 KRYSTAL L. MURPHY, 0000 RICHARD T. BOLANOWSKI, 0000 REYES COLON, 0000 IVETTE Z. OBRIEN, 0000 JEFFREY L. BOLENG, 0000 TRAVIS E. CONDON, 0000 DAVID J. PETERSON, 0000 MATTHEW D. BONAVITA, 0000 ANNE K. CONELY, 0000 ARSHAD M. QURESHI, 0000 KELVIN T. BOND, 0000 MARK A. CONNELL, 0000 PETER D. REINHARDT, 0000 VANESSA L. BOND, 0000 KEVIN P. CONNER, 0000 DANELLE K. RODDY, 0000 DEREK D. BONENCLARK, 0000 DAVID M. CONRAD, 0000 ARMANDO L. ROSALES, 0000 SEAN A. BORDENAVE, 0000 LAURIE A. CONRAD, 0000 TERI JO RUSSELL, 0000 ROBERT W. BORJA, 0000 BRIAN L. COOK, 0000 LISA SAYEGH, 0000 JAMES P. BOSTER, 0000 JEFFREY T. COOK, 0000 RICHARD SCHOSKE, 0000 JAMES E. BOWEN, JR., 0000 PAUL D. COOK, 0000 BARBARA E. SEVERSONOLSON, 0000 ERIK C. BOWMAN, 0000 SCOTT A. COOK, 0000 RENEE L. SHIBUKAWAKENT, 0000 SOLOMON E. BOXX, 0000 TEDDY J. COOK, 0000 CHRISTOPHER R. SMALL, 0000 JAY A. BOYD, 0000 WILLIAM L. COOK, 0000 RANDOLPH R. SMITH, 0000 TANDY K. BOZEMAN II, 0000 JOHN J. COOPER, 0000 JAMES A. STEPHENSON, 0000 BRYAN L. BRADFORD, 0000 SHANNON M. COOPER, 0000 KIRK D. STOCKER, 0000 JONATHAN D. BRADLEY, 0000 WAYNE A. COOPER, 0000 MICHAEL W. BRAUCHER, 0000 DOUGLAS S. COPPINGER, 0000 CYNTHIA G. THOMAS, 0000 NATHAN S. BRAUNER, 0000 J. H. CORMIER III, 0000 ELIZABETH M. WATSON, 0000 JASON J. BRAWKA, 0000 GARY LYNN CORNN, JR., 0000 ANDREW D. WOODROW, 0000 LAMBERTO M. BRAZA, 0000 MICHAEL L. COTE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHAWN M. BRENNAN, 0000 PAUL COTELLESSO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR TIMOTHY L. BRESTER, 0000 ANTHONY W. COTTO, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: BARRY L. BREWER, 0000 RODNEY P. COUSINS, 0000 To be lieutenant colonel JONATHAN B. BRIDGES, 0000 JOSEPH L. COX, 0000 DONALD J. BRIEN, 0000 MONTE C. COX, 0000 RICHARD E. AARON, 0000 RANDALL E. BRISTOL, 0000 PAUL R. CRANDALL, 0000 FARLEY A. ABDEEN, 0000 CASEY L. BRITAIN, 0000 CHRISTOPHER N. CRANE, 0000 ANTHONY D. ABERNATHY, 0000 RYAN L. BRITTON, 0000 KATHY A. CRAVER, 0000 BRYAN E. ADAMS, 0000 ROBERT W. BROCK, 0000 BRADLEY J. CROFTS, 0000 JUSTIN F. ADAMS, 0000 CHARLES E. BROCKETT, JR., 0000 JENNIFER R. CROSSMAN, 0000 RAY C. ADAMS, JR., 0000 MICHAEL T. BROCKEY, 0000 KEVIN P. CULLEN, 0000 GEORGE E. AKINS, 0000 GRETCHEN A. BROCKFELD, 0000 JOHN E. CULTON III, 0000 FRANK D. ALBERGA, 0000 WILLIAM E. BROOKS, 0000 TIMOTHY W. CUNNINGHAM, 0000 JEFFREY N. ALDRIDGE, 0000 WANDA V. BROUSSARD, 0000 DENNIS D. CURRAN, 0000 DANA G. ALLEN, 0000 CHRISTOPHER A. BROWN, 0000 RANDAL A. CURRIE, 0000 DAVID T. ALLEN, 0000 GREG A. BROWN, 0000 BRETT R. CUSKER, 0000 JAMES B. ALLEN, 0000 JEFFREY S. BROWN, 0000 MARK T. DALEY, 0000 CRAIG ALLTON, 0000 RUSSELL T. BROWN, 0000 ROBERT T. DANIEL, 0000 STEVEN E. ALPERS, 0000 ANDREW H. BRUCE, 0000 CHRISTOPHER T. DANIELS, 0000 JEFFREY A. ANDERSON, 0000 KURT F. BRUESKE, 0000 SCOTT P. DANTONI, 0000 JOHN H. ANDERSON III, 0000 MARK A. BRUNWORTH, 0000 BRUCE C. DARVEAU, 0000 LYNN P. ANDERSON, 0000 HEATHER Y. BRYANT, 0000 DONALD A. DAUGHERTY, 0000 DAVID O. ANDINOAQUINO, 0000 JOHN R. BUHMEYER, 0000 KEVIN J. DAUGHERTY, 0000 DAVID J. ANGRESS, 0000 TERRY L. BULLARD, 0000 ROBIN L. DAUGHERTY, 0000 STEVEN E. ANKERSTAR, 0000 RICHARD M. BUNGARDEN, 0000 ISAAC DAVIDSON, 0000 WILLIAM B. APODACA, 0000 ANTHONY S. BURCH, 0000 MATTHEW W. DAVIDSON, 0000 MITCHELL S. APPLEY, 0000 CHARLES O. BURGESS, 0000 CHRISTOPHER D. DAVIS, 0000 MICHAEL C. ARAUJO, 0000 BRADLEY K. BURHITE, 0000 TROY A. DAVIS, 0000 JASON R. ARMAGOST, 0000 LAUREL M. BURKEL, 0000 THOMAS J. DAVISON, 0000 CHRISTOPHER R. ARNOLD, 0000 SHARON K. BURNETT, 0000 ANTHONY J. DAVIT, 0000 DAVID E. ASHTON, 0000 MARK A. BURNETTE, 0000 GARY R. DAWSON, 0000 WILLIAM H. ATOR, 0000 DEANNA M. BURT, 0000 MICHAEL L. DAWSON, 0000 MARK R. AUGUST, 0000 GEORGE E. BUSH III, 0000 DARIN D. DEAN, 0000 THOMAS A. AUGUSTINE III, 0000 CHRISTOPHER R. BUSHMAN, 0000 CHRISTOPHER E. DECKER, 0000 DAVID G. AUSTIN, 0000 CHARLES J. BUTLER, 0000 DOUGLAS C. DELAMATER, 0000 DAVID G. AVILA, 0000 PATRICK E. BUTLER, 0000 ERIC P. DELANGE, 0000 DONALD G. AXLUND, 0000 RAHN H. BUTLER, 0000 DOUGLAS D. DEMAIO, 0000 ERIN K. AYLES, 0000 GREGORY BUTTRAM, 0000 DARREN J. DEMERS, 0000 JAMES R. BACHINSKY, 0000 ROBERT T. BUTZ, 0000 RICHARD W. DEMOUY, 0000 RICHARD L. BAIRETT, JR., 0000 KEVIN A. CABANAS, 0000 KIERAN T. DENEHAN, 0000 CHAD A. BAKER, 0000 MICHAEL F. CADY, 0000 JASON M. DENNEY, 0000 CRAIG R. BAKER, 0000 PHILLIP A. CALLAHAN, 0000 ERIC J. DENNY, 0000 PATRICK S. BALLARD, 0000 TODD W. CALLAHAN, 0000 JAMES B. DENSON, 0000 MICHAEL S. BALLEK, 0000 MICHAEL J. CALLENDER, 0000 MARNE R. DERANGER, 0000 CHRISTOPHER B. BARKER, 0000 REX T. CALVERT, 0000 JAMES B. DERMER, 0000 GARY A. BARLET, 0000 SHAWN D. CAMERON, 0000 EVAN C. DERTIEN, 0000 BARRY R. BARNES, 0000 KEVIN T. CAMILLI, 0000 MARTHA J. DESPAIN, 0000 JOHNNY L. BARNES II, 0000 BRENDA L. CAMPBELL, 0000 JOHN C. DEVANE, 0000 WALDEMAR F. BARNES, 0000 WILLIAM C. CANNON, JR., 0000 JAMES E. DEVANEY, JR., 0000 JOHN P. BARRETTE, 0000 EUGENE L. CAPONE, 0000 JOHN M. DEVILLIER, 0000 STEPHEN J. BARRY, 0000 THOMAS R. CAREY, 0000 JEFFREY W. DEVORE, 0000 BRIAN A. BARTHEL, 0000 BARRY T. CARGLE, 0000 MATTHEW S. DEYO, 0000 MARVIN T. BAUGH, 0000 KEVIN P. CARLIN, 0000 JEFFREY D. DICICCO, 0000 CARRIE J. BAUSANO, 0000 DAVID A. CARLSON, 0000 STEVEN P. DICKEY, 0000 JAMES D. BAXTER, 0000 TODD M. CARLSON, 0000 JOEL S. DICKINSON, 0000 JAMES R. BEAM, JR., 0000 KAREN D. CARMICHAEL, 0000 TIMOTHY J. DICKINSON, 0000 STEVEN M. BEASLEY, 0000 EDWIN J. CARO, JR., 0000 JEFFREY A. DICKSON, 0000 FRANK J. BEAUPRE, 0000 WILLIAM S. CARPENTER, 0000 CHRISTOPHER J. DIDIER, 0000 RICHARD L. BEAVERS, 0000 PETER L. CARRABBA, 0000 TODD L. DIEL, 0000 MICHAEL W. BECK, 0000 EUGENE K. CARTER, 0000 JOHN A. DIETRICK, 0000 CHARLES S. BEGEMAN, 0000 JOHN K. CARTWRIGHT, 0000 SCOTT H. DIEZMAN, 0000 BRIAN E. BELL, 0000 WILLIAM D. CASEBEER, 0000 DEREK V. DILL, 0000 EDWARD A. BELLEM, 0000 MICHAEL S. CATES, 0000 DAVID L. DIRKSEN, 0000 HARRY P. BENHAM, 0000 SHANNON W. CAUDILL, 0000 TRAVIS D. DIXON, 0000 JAMES C. BENNETT, 0000 TYRELL A. CHAMBERLAIN, 0000 ANDREW W. DOBRY, 0000 AARON K. BENSON, 0000 ANDREW K. CHAMBLEE, 0000 LEON W. DOCKERY, JR., 0000 ERIC T. BERGGREN, 0000 LANCE E. CHAMPAGNE, 0000 CHRISTIAN H. DOLLWET, 0000 TIMOTHY P. BERGMANN, 0000 VALERIE A. CHAMPAGNE, 0000 PETER DOMINICIS, 0000 JILL M. BERGOVOY, 0000 JAMES D. CHAPMAN, 0000 PATRICK H. DONLEY, 0000 ANDREW T. BERNARD, 0000 PAUL C. CHARRON, 0000 DWIGHT K. DORAU, 0000 DOMINIC J. BERNARDI III, 0000 DARLENE H. CHEATHAM, 0000 ERIC S. DORMINEY, 0000 BRIAN C. BERNETT, 0000 TODD M. CHENEY, 0000 ROBERT L. DOTSON, 0000 VALERIE L. BERTHA, 0000 RHUDE CHERRY III, 0000 RONNIE G. DOUD, 0000 WILLIAM G. BESSEMER, 0000 CHRISTOPHER L. CHEW, 0000 JODY B. DOW, 0000 JON C. BEVERLY, 0000 JAMES L. CHITTENDEN, 0000 JOHN A. DOWNEY II, 0000

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 9801 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7447

MICHAEL L. DOWNS, 0000 GABRIEL V. GREEN, 0000 GINA C. HUMBLE, 0000 MICHAEL D. DOYLE, 0000 KEITH GREEN, 0000 BRIAN HUMPHREY, 0000 DOUGLAS M. DRAKE, 0000 CHRISTOPHER V. GREENE, 0000 DAVID P. HUNTER, 0000 ROBERT A. DREYFUS, 0000 JAMES L. GREER, 0000 ROBERT W. HURST, 0000 DAVID S. DRICHTA, 0000 RICHARD W. GRIFFIN, 0000 BRYAN W. ISLEY, 0000 DARIN C. DRIGGERS, 0000 GEORGE H. GRIFFITHS, JR., 0000 JEAN K. IWAI, 0000 JAMES P. E. DUBAN, 0000 STEPHEN GROLL, 0000 MARK A. JABLOW, 0000 DAVID D. DUBAY, 0000 MARK E. GROTELUESCHEN, 0000 ERIC A. JACKSON, 0000 BRIAN A. DUDAS, 0000 ALEXUS G. GRYNKEWICH, 0000 MICHAEL L. A. JACKSON, 0000 SHANE C. DUGUAY, 0000 SCOTT M. GUILBEAULT, 0000 SCOTT K. JACKSON, 0000 JONATHAN M. DUNCAN, 0000 LARRY K. GURGAINOUS, 0000 SEAN C. JACKSON, 0000 MICHAEL J. DUNN, 0000 JASON W. GUY, 0000 WALTER T. JACKSON III, 0000 TROY E. DUNN, 0000 ANDY GWINNUP, 0000 SCOTT D. JACOBS, 0000 TIMOTHY E. DUNSTER, 0000 DAVID R. GYURE, 0000 THOMAS E. JAHN, 0000 LOURDES M. DUVALL, 0000 CLIFFORD M. GYVES, 0000 HECTOR E. JAMILI, 0000 LARRY L. EARLS, JR., 0000 JOHN C. HACKETHORN II, 0000 THERESA A. JAMISON, 0000 JAMES W. EASTMAN, 0000 JOEL J. HAGAN, 0000 BENJAMIN F. V. JANES, 0000 CASEY D. EATON, 0000 PETER S. HAGIS, 0000 JURIS L. JANSONS, 0000 BARRY J. EDDINS, 0000 DARREN B. HALFORD, 0000 DANIEL E. JEFFERIES, 0000 NEIL P. EISEN, 0000 CHRISTOPHER F. HALL, 0000 JAMES W. JEFFERSON, 0000 GEORGE H. ELDER, 0000 DWAYNE A. HALL, 0000 DAVID S. JEFFERY, 0000 STEFAN V. ELING, 0000 JUSTIN W. HALL, 0000 JEFFREY R. JENSSEN, 0000 SAMUEL E. ELLIOTT, 0000 HENRY G. HAMBY IV, 0000 MARK S. JERNIGAN, 0000 FARRIS M. ELNASSER, 0000 RODNEY S. HAMEL, 0000 ANDREW C. JOHNS, 0000 DAVID G. ENOCHIAN, 0000 PAULA A. HAMILTON, 0000 BRADFORD T. JOHNSON, 0000 MATTHEW P. ESPER, 0000 PHILLIP T. HAMILTON, 0000 DANNY P. JOHNSON, 0000 RICHARD A. ESSER, 0000 SHANE P. HAMILTON, 0000 DARREN W. JOHNSON, 0000 JAMES T. ETHERIDGE, 0000 TRISTAN L. HAMLETT, 0000 EMI I. JOHNSON, 0000 LARRY D. EVERS, 0000 JEFF A. HAMM III, 0000 ERIC W. JOHNSON, 0000 TIMOTHY P. FAABORG, 0000 JOEL W. HAMPTON, 0000 PHILIPPE J. JOHNSON, 0000 JEFFREY D. FAGAN, 0000 BRIAN J. HAND, 0000 SHANNON L. C. JOHNSON, 0000 PETER J. FAGAN, 0000 JAMES G. HANLEY, 0000 CARL M. JONES, 0000 ROY P. FATUR, 0000 JOEL A. HANSEN, 0000 DELBERT E. JONES II, 0000 HILARY K. FEASTER, 0000 HAROLD E. HARDINGE, 0000 JOSHUA H. JONES, 0000 JOHN W. FEATHER, 0000 STEVEN H. HARE, 0000 JEFFREY S. JORDAN, 0000 VICTOR J. FEHRENBACH, 0000 JAMES G. HARMON, 0000 CAROL H. JOYNER, 0000 KEITH N. FELTER, JR., 0000 MATTHEW K. HARMON, 0000 JEFFREY S. JUHNKE, 0000 KATHRYN L. FENWICK, 0000 MONTE S. HARNER, 0000 RICHARD A. KAHNE, 0000 NERISSE E. FERNANDEZ, 0000 KEITH C. HARRINGTON, 0000 MICHAEL W. KAMORSKI, 0000 SUSAN A. FERRERA, 0000 DAVID A. HARRIS, JR., 0000 ANDREW C. KAPUSCAK, 0000 DAVID A. FEWSTER, 0000 DENISE L. HARRIS, 0000 THOMAS S. KASYCH II, 0000 RICHARD E. FIELDS, 0000 DEXTER F. HARRISON, 0000 KURT W. KAYSER, 0000 MICHAEL J. FINCH, 0000 PATRICK E. HARRISON, 0000 TODD P. KEE, 0000 WILLIAM C. FINLEY, JR., 0000 BRADLEY R. HARROFF, 0000 DAVID S. KEESEY, 0000 JOSEPH P. FINOTTI, 0000 TRAVIS C. HARSHA, 0000 KURT J. KELEMEN, 0000 CHRISTOPHER A. FINTA, 0000 DEAN H. HARTMAN, 0000 MARK J. KELLER, 0000 ALAN P. FIORELLO, 0000 ROBERT D. HASELDEN, 0000 RYAN K. KENNE, 0000 JAMES L. FISHER, 0000 ROBERT T. HASSLER, 0000 KEVIN G. KENNELLY, 0000 MARVIN L. FISHER, 0000 MICHAEL L. HASTRITER, 0000 PATRICK F. KENNERLY, 0000 JOHN P. FISKE, JR., 0000 BERNARD J. HATCH III, 0000 PETER G. KENT, 0000 JONATHAN W. FITTON, 0000 ELISSA M. HATTEMER, 0000 ANDREW H. KERKMAN, 0000 EDMUND A. FITZGERALD, 0000 ROBERT L. HAUG, 0000 JAMES A. KERR, 0000 MARK P. FITZGERALD, 0000 DENNIS A. HAUGHT, 0000 MARK R. KERR, 0000 JAMES J. FLATTERY, 0000 SCOTT A. HAUSMAN, 0000 MICHAEL J. KESSLER, 0000 MELISSA L. FLATTERY, 0000 CHARLES K. HAVASY, 0000 JASON E. KIEFERT, 0000 KIMBERLY A. FLEMING, 0000 BRADLEY H. HAWK, 0000 LANCE A. KILDRON, 0000 TREVOR W. FLINT, 0000 STEPHANIE M. HAWK, 0000 BRET A. KILLIAN, 0000 DAVID A. FLIPPO, 0000 MICHAEL R. HAWKS, 0000 DENNIS C. KING, JR., 0000 DANA T. A. FLOOD, 0000 MICHELLE L. HAYWORTH, 0000 JEFFREY R. D. KING, 0000 PETER J. FLORES, 0000 JEFFREY W. HEAD, 0000 RONNIE G. KING, 0000 ALLAN J. FLUHARTY, 0000 KEVIN E. HEAD, 0000 TIMOTHY R. KIRK, 0000 LAURA M. G. FOGLESONG, 0000 JAMES S. HEADLEY, 0000 DAVID A. KIRKENDALL, 0000 JAMES D. FOREMAN, 0000 WILLIAM C. HEASTER, 0000 WALTER C. KIRSCHMAN III, 0000 SUSAN H. FOY, 0000 JEFFREY L. HEIDERSCHEIDT, 0000 BRIAN A. KISH, 0000 DEREK C. FRANCE, 0000 CHRISTOPHER J. HEMMER, 0000 ROGER W. KLAFFKA, 0000 CHRISTOPHER J. FRANCIS, 0000 JOHN W. HENDERSON, 0000 SHANNON R. KLUG, 0000 PHILIP H. FRAZETTA, 0000 JOHN B. HENNESSEY, JR., 0000 ANDRA VAN POPPEL KNIEP, 0000 JOHN D. FREEDMAN, 0000 DAVID E. HERBISON, 0000 KENNETH M. KNISKERN, 0000 DONALD FREW, 0000 ANTHONY R. HERNANDEZ, 0000 KELLY S. KOEPSELL, 0000 MELANIE R. FRIEDMAN, 0000 DRYSDALE H. HERNANDEZ, 0000 CHRISTOPHER N. KONECNY, 0000 GEORGE A. FRITTS, JR., 0000 STEVEN HERNANDEZ, 0000 LEONARD J. KOSINSKI, 0000 ERIC H. FROEHLICH, 0000 ROBERT P. HERZ, 0000 JOHN F. KOSS, 0000 TIMOTHY G. FROMM, 0000 LISA W. HESS, 0000 ANDREW S. KOVICH III, 0000 PETER J. FRY, 0000 KEVIN R. HEYBURN, 0000 ROBERT J. KRAUS, 0000 MICHAEL B. FRYMIRE, 0000 VINCENT S. HIBDON, 0000 STEVEN M. KREHBIEL, 0000 JON A. FULLERTON, 0000 STEPHEN J. HICKEY, 0000 ANDREW R. KREIS, 0000 CYNTHIA GAARE, 0000 JILL R. HIGGINS, 0000 MICHAEL K. KRUEGER, 0000 DAVID M. GAEDECKE, 0000 THOMAS E. HIGHSMITH III, 0000 MARK A. KRUSE, 0000 DONALD B. GAGNON, 0000 BRIAN A. HILL, 0000 THOMAS K. KUBLIE, 0000 THOMAS Z. GALE, 0000 DON E. HILL, 0000 DAVID J. KUMASHIRO, 0000 DANIEL B. GAMMELL, 0000 THAD B. HILL, 0000 STUART H. KURKOWSKI, 0000 KEVIN E. GANGADEEN, 0000 GLENN E. HILLIS II, 0000 TODD W. KUSTRA, 0000 CARLOS R. GARCIA, 0000 RIGEL K. HINCKLEY, 0000 MICHAEL T. LABILLE, 0000 LUIS M. GARCIA, 0000 GERRY F. HINDERBERGER, 0000 KEVIN W. LACKEY, 0000 PETER A. GARRETSON, 0000 MICHAEL R. HINSCH, 0000 MARK R. LAJOIE, 0000 BRENDAN L. GARRITY, 0000 ANDREW C. HIRD, 0000 JAMES W. LAMKIN, JR., 0000 MICHAEL R. GARTRELL, 0000 ANDREA L. HLOSEK, 0000 JOHN D. LAMONTAGNE, 0000 DAVID B. GASKILL, 0000 MARK J. HOEHN, 0000 DALE L. LANDIS II, 0000 JEFFREY S. GAST, 0000 MARK G. HOELSCHER, 0000 KENT A. LANDRETH, 0000 ROBERT R. GATES, 0000 MICHAEL R. HOGUE, 0000 STEPHEN K. LANDRY, 0000 BRIAN W. GAUDE, 0000 CHRISTOPHER T. HOLINGER, 0000 REID M. LANGDON, 0000 LYNNETTE J. GAWELL, 0000 PATRICK D. HOLLERAN, 0000 JUSTIN C. LANGLOIS, 0000 DEREK L. GEESKIE, 0000 STEVE M. HOLLIS, 0000 BRIAN D. LANGRIDGE, 0000 GERALD R. GENDRON, JR., 0000 DONALD W. HOLLOWAY, 0000 MAX E. LANTZ II, 0000 KATHERINE J. GENTIL, 0000 CHRISTOPHER D. HOLMES, 0000 ANTHONY LANUZO, 0000 DANIEL J. GERDES, 0000 MICHAEL J. HOMOLA, 0000 JOHN R. LAPORE III, 0000 GREGORY P. GILBREATH, 0000 DAVID A. HOOPES, 0000 SEAN P. LARKIN, 0000 JOHN R. GILES III, 0000 MATTHEW S. HOOSE, 0000 RHONDA L. LARSON, 0000 JOSEPH M. GILLEY, 0000 MICHAEL S. HOPKINS, 0000 LEAH G. LAUDERBACK, 0000 MICHAEL E. GIMBRONE, 0000 BLAIR A. HORTON, 0000 JOSEPH G. LAVILLE, JR., 0000 DAVID C. GINDHART, 0000 JAMES R. HOSKINS, 0000 DAVID J. LAWRENCE, 0000 TODD L. GLANZER, 0000 MONTY A. HOSTETLER, 0000 DAVID W. LAWRENCE, 0000 REGINALD O. GODBOLT, 0000 MICHAEL S. HOUGH, 0000 MICHAEL C. LAWRENCE, 0000 ERIK W. GOEPNER, 0000 THOMAS J. HOULE, 0000 PHILLIP A. LAYMAN, 0000 GEORGE G. GONZALES, 0000 FRANKLIN C. HOWARD, 0000 RICARDO J. LAYTON, 0000 GUILLERMO R. GONZALEZ, 0000 HAMILTON L. HOWARD, 0000 TIMOTHY G. LEE, 0000 MICHAEL L. GOODIN, 0000 KEVIN A. HOWARD, 0000 GLEN H. LEHMAN, 0000 KJALL GOPAUL, 0000 TIMOTHY J. HOWARD, 0000 JOSEPH P. LEHNERD, 0000 TIMOTHY A. GOSNELL, 0000 MICHAEL D. HOWE, 0000 JAMES A. LEINART, 0000 CHRISTOPHER S. GOUGH, 0000 ROBERT L. HOWELL, JR., 0000 CHRISTOPHER D. LEIST, 0000 MARY E. GOULD, 0000 MICHAEL J. HOWER, 0000 MARK J. LEMERY, 0000 CHRISTOPHER G. GOURDINE, 0000 LARRY B. HOWINGTON, 0000 RICHARD R. LEMIEUX, 0000 JANICE G. GOURLEY, 0000 DAROLD W. HUBBARD, 0000 LAURA L. LENDERMAN, 0000 DAVID E. GRAFF, 0000 SCOTT A. HUBER, 0000 RENE M. LEON, 0000 JEFFREY R. GRANGER, 0000 LARS R. HUBERT, 0000 SCOTT E. LEONARD, 0000 ROBERT J. GRAZULIS, 0000 PATRICK W. HUESTED, 0000 ANDREW J. LESHIKAR, 0000 JOHN GRECO III, 0000 MATTHEW L. HUGHBANKS, 0000 ROBERT J. LEVIN, JR., 0000

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 9801 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7448 CONGRESSIONAL RECORD — SENATE July 12, 2006

TODD J. LEVINE, 0000 JAMES M. MORGAN, 0000 EDWINA C. REID, 0000 TIMOTHY W. LEWALLEN, 0000 SAM P. MORGAN III, 0000 ORVILLE ST GEORGE REID, 0000 ANDREW S. LEWIS, 0000 CRAIG F. MORRIS, 0000 ROBERT B. REID, 0000 CHERYL L. LEWIS, 0000 ROBERT D. MORRIS, 0000 MICHAEL D. REINER, 0000 DONALD R. LEWIS, 0000 TARA L. MORRISON, 0000 BRIAN A. RENGA, 0000 MARION J. LEWIS, 0000 DAVID R. MOTT, 0000 WILLIAM J. RESNIK, 0000 RODNEY D. LEWIS, 0000 DONALD G. MOWLES, JR., 0000 RAYMOND L. REYES, 0000 TED A. LEWIS, 0000 THOMAS C. MUHLBAUER, 0000 ANTHONY RICCI III, 0000 WILLIAM D. LEWIS, 0000 JOHN W. MUIRHEAD, 0000 CHRISTINE M. RICCI, 0000 ROBERT E. LICCIARDI, 0000 JOSEPH L. MULL, 0000 STEPHEN T. RICE, 0000 JOSEPH C. LINDEN II, 0000 DAVID L. MULLIGAN, 0000 CLIFFORD E. RICH, 0000 RICHARD T. LINDLAN, 0000 TRACEY L. MURCHISON, 0000 DEEDEE B. RICHARDS, 0000 BRIAN W. LINDSEY, 0000 STEVEN A. MYS, 0000 SANDY J. RICHARDSON, 0000 MARK J. LIPIN, 0000 MURRAY N. NANCE, JR., 0000 LARRY G. RIDDICK, JR., 0000 JONATHAN V. LITTLE, 0000 JERALD H. NARUM, 0000 CLARK H. RISNER, 0000 MARK A. LIVELSBERGER, 0000 DANIEL T. NAUGHTON, 0000 JEFFERY D. RITCHIE, 0000 ERIC T. LOHMANN, 0000 RICHARD L. NESMITH, 0000 DARREN J. ROBERTS, 0000 JOSEPH D. LOONEY, 0000 THOMAS S. NICHOLSON, 0000 DON D. ROBERTSON, 0000 THOMAS E. LOPER, 0000 BRANT D. NICKELL, 0000 JENNS A. ROBERTSON, 0000 MARK C. LOZIER, 0000 BRICE T. NISKA, 0000 JAMES T. ROBINSON, 0000 RONALD M. LUEB, 0000 WILLIAM C. NOLAN III, 0000 KABRENA E. RODDA, 0000 GARY E. LUND, 0000 MICHAEL J. NORKUS, 0000 MARC D. RODRIGUEZ, 0000 GINA M. LUNDY, 0000 LARRY W. NORMAN, JR., 0000 PAUL A. ROELLE, 0000 CHAD W. LUSHER, 0000 DALE W. NORRIS, 0000 DOUGLAS M. ROGERS, 0000 JOHN K. LUSSIER, 0000 KENNETH W. NORRIS, 0000 BARRY J. ROMITTI, 0000 ROBERT K. LYMAN, 0000 ERIC D. NORTH, 0000 ROB R. ROOD, 0000 DAVID B. LYONS, 0000 JOHN C. NOTTER, 0000 JAMES R. ROSALES, 0000 MARK J. MACDONALD, 0000 ROBERT G. NOVOTNY, 0000 JOSE A. ROSARIORODRIGUEZ, 0000 SCOTT A. MACKENZIE, 0000 WARREN H. NUIBE, 0000 GILBERTO ROSARIO, 0000 CHARLES E. MACLAUGHLIN, 0000 DEREK M. OAKS, 0000 GARY E. ROSE, 0000 STEPHEN S. MACLEOD, 0000 ELENA M. OBERG, 0000 JAMES B. ROSE, 0000 EDWARD J. MADSEN, 0000 DAVID A. OBERMILLER, 0000 MARK E. ROSE, 0000 MICHAEL D. MADSEN, 0000 JAMES J. OCONNELL, 0000 CHRISTOPHER E. ROSENTHAL, 0000 SCOTT G. MAGNAN, 0000 JOHN J. OCONNOR, 0000 DAVID E. ROSZMANN, 0000 GEOFFREY A. MAKI, 0000 SHAWN H. ODAY, 0000 JOSEPH R. ROTH, 0000 CHARLES E. MANGOLD, 0000 DAVID M. ODELL, 0000 MICHAEL T. ROTH, 0000 WILLIAM P. MANN, 0000 JAMES M. ODONNELL, 0000 DAVID M. ROTHENBERG, 0000 EDWARD C. MARAIST, 0000 JOSEPH L. OGEA, SR., 0000 JONATHAN B. ROWELL, 0000 STEPHEN D. MARE, 0000 DONNA L. OHARREN, 0000 PHILIP P. ROWLETTE, 0000 MAX M. MAROSKO III, 0000 JASON M. OHTA, 0000 THOMAS A. RUDY, 0000 ERIC E. MARSHALL, 0000 ERIC P. OLIVER, 0000 NATHAN A. RUMP, 0000 CURTIS E. MARTIN, 0000 GINA M. OLIVER, 0000 DAVID C. RUNGE, 0000 JOHN C. MARTIN, 0000 CAROLINE C. OMDAL, 0000 PHILIP E. RUTER II, 0000 JOHN F. MARTIN, 0000 KENNETH G. ONEIL, 0000 KENTON A. RUTHARDT, 0000 KELLY M. MARTIN, 0000 HOWARD L. ORBAN, 0000 GERARD F. RYAN, JR., 0000 MICHAEL E. MARTIN, 0000 TIMOTHY S. OSHEA, 0000 GLENN E. RYBACKI, 0000 MICHAEL J. MARTINDALE, 0000 JEROME P. OSURMAN, 0000 MICHAEL M. RYDER, 0000 GILBERTO J. MARTINEZ, JR., 0000 TROY S. OWENS, 0000 JOHN P. RYDLAND, 0000 JOHNNIE MARTINEZ, 0000 JASON C. PABELICO, 0000 JAMES M. SAHM, 0000 RICARDO MARTINEZ, 0000 DARYL A. PAGE, 0000 GARY L. SALMANS, 0000 DANIEL K. MARUYAMA, 0000 RICHARD P. PAGLIUCO, 0000 ORLANDO SANCHEZ, JR., 0000 CLAY E. MASON, 0000 GLENN E. PALMER, 0000 RUSLAN SANCHEZCRUZ, 0000 KENDRA S. MATHEWS, 0000 JAMES E. PARCO, 0000 JOSEPH E. SANDERS, 0000 WILLIAM D. MATHEWS, 0000 CHRISTOPHER D. PARENT, 0000 WILLIAM A. SANGUINETTI, 0000 GREGG T. MATSUMOTO, 0000 JO BETH PARKER, 0000 PETER P. SANTAANA, 0000 CHRISTOPHER J. MAYERLE, 0000 JOHN L. PARKER IV, 0000 DARYL A. SASSAMAN, 0000 TIMOTHY S. MCCAFFERY, 0000 TIMOTHY A. PARKER, 0000 ANDREW M. SASSEVILLE, 0000 AMY J. MCCAIN, 0000 DARRYL R. J. PARKINSON, 0000 MYRLE J. SAUNDERS, 0000 AMY M. MCCALL, 0000 JAMES C. PARSONS, 0000 JOHN J. SCHAEFER III, 0000 BRIAN P. MCCARTHY, 0000 MONICA M. PARTRIDGE, 0000 REAGAN E. SCHAUPP, 0000 CHRISTOPHER MCCARTHY, 0000 KELLY S. PASSMORE, 0000 RITA M. SCHELL, 0000 KAIPO S. MCCARTNEY, 0000 DOUGLAS S. PATERSON, 0000 ROBERT M. SCHERER, 0000 KEITH A. MCCARTNEY, 0000 CAROLYN J. PATRICK, 0000 SCOTT J. SCHERER, 0000 ROGER B. MCCLAY, 0000 KIRK A. PATTERSON, 0000 DOUGLAS A. SCHIESS, 0000 DOUGLAS F. MCCOBB, JR., 0000 SEAN E. PATTERSON, 0000 DAVID T. SCHIFFERT, 0000 KRISTIN H. MCCOY, 0000 DWIGHT F. PAVEK, 0000 DAVID A. SCHILLING, 0000 GERALD R. MCCRAY, 0000 KEVIN M. PAYNE, 0000 CHARLES F. SCHLEGEL, 0000 JAMES D. MCCUNE, 0000 ROBERT PAYNE, JR., 0000 TODD J. SCHMIDT, 0000 JOHN C. MCCURDY, 0000 DAVID A. PAYNTER, 0000 SEAN SCHOOLCRAFT, 0000 DORWARD J. MCDONALD, 0000 TOMMY L. PEASLEY, 0000 ROBERT H.G. SCHREFFLER, 0000 REGINALD A. MCDONALD, 0000 JAMES B. PEAVY, 0000 MARK A. SCHULER, 0000 RICHARD D. MCDONALD, 0000 PAUL J. PELLEGRINO, 0000 PAUL C. SCHULZE, 0000 SEAN R. MCELHANEY, 0000 BRETT D. PENNINGTON, 0000 BRETT G. SCOTT, 0000 ALLISON R. MCELLIGOTT, 0000 DARRELL R. PENNINGTON, 0000 EARL S. SCOTT, 0000 JOSEPH D. MCFALL, 0000 TIMOTHY L. PENNINGTON, 0000 KELLY J. SCOTT, 0000 CHARLES B. MCFARLAND, 0000 FRANCIS X. PENNY III, 0000 GREGORY M. SCRIVNER, 0000 SEAN C. MCFARLAND, 0000 PATRICIA A. PEOPLES, 0000 BRETT M. SCRUM, 0000 SEAN P. MCGLYNN, 0000 WILLIAM E. PERIS, 0000 CLAYTON A. SEALE, 0000 TERRY M. MCGOVERN, 0000 MATTHEW W. PERKINS, 0000 THOMAS W. SEEKER, 0000 PETRA MCGREGOR, 0000 BRIAN S. PETERSON, 0000 RICHARD A. SEIFERT, 0000 SETH J. MCKEE III, 0000 CORY M. PETERSON, 0000 MICHAEL R. SEILER, 0000 DAVID W. MCKEOWN, 0000 WILLIAM C. PETERSON, 0000 DAVID B. SEITZ, 0000 ROBIN L. MCKINLEY, 0000 JANUSZ C. PETKOWSKI, 0000 DARREN E. SENE, 0000 MICHAEL S. MCMANUS, 0000 STUART A. PETTIS, 0000 PATRICIA A. SERGEY, 0000 PATRICK M. MCNUTT, 0000 TIMOTHY J. PETTIT, 0000 TOBIAS R. SERNEL, 0000 MATTHEW S. MCSWAIN, 0000 MATTHEW T. PHILLIPS, 0000 DOUGLAS K. SERSUN, 0000 MARK A. MEARS, 0000 STEPHEN P. PHIPPS, 0000 DONALD G. SHANNON, 0000 ANIBAL M. MEDINA, 0000 PAUL D. PIDGEON, 0000 MICHAEL E. SHAVERS, 0000 DOUGLAS J. MELLARS, 0000 LANSING R. PILCH, 0000 JAMES A. SHAW, 0000 JOHN R. MELLOY, 0000 JOHN M. PLATTE, 0000 JAMES T. SHEEDY, 0000 WALTER K. MELTON, 0000 CHRISTOPHER A. PLEIMAN, 0000 DANIEL R. SHEESLEY, 0000 PAUL B. MENDY, JR., 0000 ROBERT S. POPE, 0000 JAMES D. SHERIDAN, 0000 MICHAEL J. MERRITT, 0000 DIRK G. PORATH, 0000 KEVIN L. SHERRICK, 0000 ALEXANDER R. MERZ, 0000 CRAIG C. PORTERFIELD, 0000 FLOYD H. SHERROD IV, 0000 MARK L. MESENBRINK, 0000 MATTHEW A. POWELL, 0000 JONATHAN P. SHOCKEY, 0000 TIMOTHY M. MESERVE, 0000 PAUL D. POWELL, 0000 PATRICK M. SHORTSLEEVE, 0000 MICHAEL G. MESSER, 0000 JOHN F. PRICE, JR., 0000 JEFFREY D. SHULL, 0000 ALEXIS MEZYNSKI, 0000 WILLIAM E. PRICE, JR., 0000 SCOTT W. SHUTTLEWORTH, 0000 ANTHONY L. MILITELLO, 0000 JOSEPH L. PRUE, 0000 DAVID L. SIEGRIST, 0000 ALEXANDER C. MILLER, 0000 ANDREA M. PSMITHE, 0000 ANDREW M. SIMMONS, 0000 BRIAN J. MILLER, 0000 SHAHNAZ M. PUNJANI, 0000 DANIEL L. SIMPSON, 0000 DAVID N. MILLER, JR., 0000 KEVIN P. QUAMME, 0000 JACK L. SINE, 0000 TODD C. MILLER, 0000 DAVID M. QUICK, 0000 ROBERT M. SKELTON, JR., 0000 TONY L. MILLICAN, 0000 BRIAN G. QUILLEN, 0000 JEOFFREY D. SLOAN, 0000 MICHAEL C. MILLWARD, 0000 CLARK J. QUINN, 0000 JOHN R. SLOAN, 0000 CARL C. MISNER, 0000 RICHARD J. RACHAL, JR., 0000 MARK A. SLOAN, 0000 ANTHONY M. MITCHELL, 0000 TIMOTHY J. RADE, 0000 JEREMY T. SLOANE, 0000 ROBERT M. MOCIO, 0000 DAVID F. RADOMSKI, 0000 STAMATIS B. SMELTZ, 0000 THOMAS W. MOHR, 0000 TIMOTHY C. RADSICK, 0000 TIMOTHY E. SMETEK, 0000 JAMES R. MOLINARI, 0000 SUSHIL S. RAMRAKHA, 0000 AARON L. SMITH, 0000 DYLAN M. MONAGHAN, 0000 TIMOTHY J. RAPP, 0000 ALEXANDER I. SMITH, 0000 EDUARDO D. MONAREZ, 0000 JOHN P. RAU, 0000 BRIAN N. SMITH, 0000 MICHAEL B. MONGOLD, 0000 JONATHAN D. RAYMOND, 0000 BRYAN D. SMITH, 0000 ARTHUR MOORE III, 0000 ROBERT L. REDDING, 0000 CHARLES C. SMITH, 0000 SHAWN D. MOORE, 0000 LISA C. REDINGER, 0000 CHRISTOPHER A. SMITH, 0000 THOMAS C. MOREA, 0000 ROGER C. REDWOOD, 0000 HERBERT D. SMITH III, 0000 CHRISTOPHER S. MORGAN, 0000 AARON T. REED, 0000 JEFFREY E. SMITH, 0000

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 9801 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — SENATE S7449

MATTHEW T. SMITH, 0000 MICHAEL C. VENERI, 0000 TERRENCE E. FLYNN, 0000 MICHAEL F. SMITH, 0000 PAUL A. VILLEM, 0000 DAWN M. GARCIA, 0000 NATHAN E. SMITH, 0000 JOSEPH A. VITALE, 0000 CHINETTE GEORGE, 0000 RUSSELL J. SMITH, 0000 MICHAEL A. VOGEL, 0000 JOSEPH P. GOLLASCH, 0000 SCOTT F. SMITH, 0000 SCOTT G. VOGEL, 0000 CAROL F. HALLE, 0000 SHAWN A. SMITH, 0000 CHARLES W. VOGT, JR., 0000 MENDALOSE O. HARRIS, 0000 CHRISTOPHER G. SMITHTRO, 0000 RICHARD E. WAGNER, 0000 JEANNE F. HULSE, 0000 JEFFREY M. SMITLEY, 0000 RICHARD K. WAGNER, 0000 JEAN M. JONES, 0000 DAVID W. SNODDY, 0000 JOEL C. WAHLSTEN, 0000 BARBARA J. KING, 0000 BRENT L. SNYDER, 0000 JULIANA M. WALKER, 0000 PETER A. KUBAS, 0000 JOHN D. SNYDER, 0000 ROBERT G. WALKER, 0000 LISA A. LEHNING, 0000 RITA L. SNYDER, 0000 SHANNON L. WALKER, 0000 VINCENT L. LETO, 0000 JEFFREY C. SOBEL, 0000 TERRY A. WALKER, 0000 ANGELIQUE R. LIKELY, 0000 GERARD P. SOBNOSKY, 0000 DOUGLAS J. WALL, 0000 STEPHEN J. LINCK, 0000 ALEXIS SOTOMAYOR, 0000 ANDREW T. WALLEN, 0000 BRIDGET E. LITTLE, 0000 LAURA A. SOULE, 0000 MITCHELL D. WALROD, 0000 JULIE C. LOMAX, 0000 MICHAEL J. SOWA, 0000 KENNETH D. WARCHOLIK, 0000 RICK L. MARTIN, 0000 RANDALL G. SPARKS, 0000 JEFFREY R. WARD, 0000 KATHLEEN E. MCARTHUR, 0000 CHRISTOPHER M. SPIGELMIRE, 0000 ANNE M. WARNEMENT, 0000 TINA L. MILSTEAD, 0000 LAWRENCE J. SPINETTA, 0000 JIMMY W. WARREN, 0000 WADE D. MORCOM, 0000 COREY E. SPOONHOUR, 0000 RICHARD V. WARREN III, 0000 ROSEMARY A. MURPHY, 0000 MICHAEL T. SPRADLEY, 0000 DONALD F. WASIK, 0000 LAURA E. NEWKIRK, 0000 KIRK B. STABLER, 0000 WENDY J. WASIK, 0000 RHONDA D. NEWSOME, 0000 KIRT L. STALLINGS, 0000 DEREK K. WATERMAN, 0000 JANET D. PAIGE, 0000 PAUL D. STANG, 0000 MICHAEL J. WATERS, 0000 JENNIFER B. PETERS, 0000 JEFFREY T. STARR, 0000 RONALD K. WATROUS, 0000 AMERICA PLANAS, 0000 MICHAEL B. STARR, 0000 WILLIAM C. WAYNICK II, 0000 MARK K. REYNOLDS, 0000 ALEX STATHOPOULOS, 0000 STEPHEN L. WEAVER, 0000 JENNIFER L. ROBISON, 0000 ANTHONY T. STECKLER, 0000 MATTHEW R. WEBB, 0000 LORRAINE A. ROEHL, 0000 JOSEPH R. STEISS, 0000 STEVEN P. WEBBER, 0000 EFREN L. ROSA, 0000 DAVID L. STENGLEIN, 0000 DEANNA L. WEILVIOLETTE, 0000 JAMES L. SALL, 0000 RANDOLPH J. STENZEL, 0000 KELLY D. WEISSENFELS, 0000 DAVID W. SEIFFERT, 0000 DEAN A. STEPHENS, 0000 WILLIAM D. WELLS, 0000 MARIA L. SERIOMELVIN, 0000 MICHAEL S. STEVENSON, 0000 DAVID J. WENDLING, 0000 TERRY L. SHIER, 0000 BILLY M. STEVERSON, 0000 JAMES J. WENSCHLAG, 0000 ANNE M. SILVASY, 0000 MARK T. STEVES, 0000 DEBORAH K. WERLING, 0000 LISA M. SNYDER, 0000 MICHAEL F. STEWART, JR., 0000 ANDREAS K. WESEMANN, 0000 LOUIS R. STOUT, 0000 RENE STOCKWELL, 0000 CHRISTOPHER J. WEST, 0000 MARIA B. SUMMERS, 0000 KAREN D. STOFF, 0000 DEREK A. WEST, 0000 SANDRA L. SUMMERS, 0000 BRIAN E. STONE, 0000 LINDA A. SWENSON, 0000 DAVID E. STOOKEY, 0000 TIMOTHY D. WEST, 0000 KEVIN D. WESTLEY, 0000 LORI L. TREGO, 0000 SCOTT D. STORMO, 0000 JOSE R. VELEZRODRIGUEZ, 0000 PAUL N. STRADLING, 0000 AUTUM C. WHALEN, 0000 MARTIN T. WHALEN, 0000 MIMI E. VELOSO, 0000 WILLIAM E. STRAIN, 0000 MARTA E. VIVES, 0000 ROBERT A. STRASSER, 0000 SUZANNE L. WHEELER, 0000 CHRISTOPHER G. WHELESS, 0000 CATHY M. WALTER, 0000 MITCHELL D. STRATTON, 0000 WATRINA W. WHITE, 0000 WAYNE W. STRAW, 0000 CHARLES R. WHITE, JR., 0000 JOE L. WHITE, JR., 0000 KANDACE J. WOLF, 0000 KATHERINE A. STRUS, 0000 COLLEEN D. WOLFORD, 0000 ALAN V. STRUTHERS, 0000 ROBERT D. WHITE, 0000 STEVEN P. WHITNEY, 0000 MARGARET E. WOODS, 0000 RONALD F. STUEWE, JR., 0000 EDWARD E. YACKEL, 0000 CLYDE E. STUHR, 0000 IDA L. WIDMANN, 0000 JAY T. STULL, 0000 RAYMOND C. WIER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM B. STURGIS, JR., 0000 PETER WILEWSKI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JEFFREY R. STUTZ, 0000 JAMES H. WILKERSON, 0000 MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., CHRISTOPHER B. SULLIVAN, 0000 CRAIG L. WILLIAMS, 0000 SECTIONS 624 AND 3064: GARRICK T. WILLIAMS, 0000 JIMMIE E. SULLIVAN, JR., 0000 To be lieutenant colonel SCOTT M. SULLIVAN, 0000 JOSEPH H. WILLIAMS, 0000 SCOTT E. WILLIAMS, 0000 JEFFREY P. SUNDBERG, 0000 RICHARD E. BAXTER, 0000 THOMAS N. WILLIAMS, 0000 STEVEN A. SUNDERLIN, 0000 JAMES R. BEAN, 0000 MARK L. WILLIAMSON, 0000 ANGELA W. SUPLISSON, 0000 CHRISTINE L. EDWARDS, 0000 PRESTON L. WILLIAMSON, 0000 MARK A. SURIANO, 0000 ANDREW J. FABRIZIO, 0000 HELENE A. WILSON, 0000 PAUL D. SUTHERLAND, 0000 JOHN P. GERBER, 0000 JOHN H. WILSON, 0000 ROBERT T. SWANSON, JR., 0000 KERRIE J. GOLDEN, 0000 KEVIN C. WILSON, 0000 STEVEN M. SWEENEY, 0000 LYNNE M. LOWE, 0000 RICKY E. WILSON, 0000 ANTHONY J. SWITALSKI, 0000 SHANNON M. LYNCH, 0000 SCOTT F. WILSON, 0000 BARTZ R. SYKES, 0000 HEATHER H. MORIYAMA, 0000 STEPHANIE P. WILSON, 0000 GERALD P. SZYBIST, 0000 ANDREW R. OBRIEN, 0000 CARL D. WINGO, 0000 CHRISTOPHER C. TACHENY, 0000 RAYMOND L. PHUA, 0000 MICHAEL J. WINTERS, JR., 0000 SABRINA J. TAIJERON, 0000 JOHN A. RUIBAL, 0000 JEFFREY L. WITKOP, 0000 DANIEL B. TALATI, 0000 LORI D. SIGRIST, 0000 JOEL B. WITTE, 0000 MICHAEL B. TANNEHILL, 0000 SARA J. SPIELMANN, 0000 SONYA L. WOFFORD, 0000 JACOB G. TATE, 0000 LORI E. SYDES, 0000 EDWARD C. WOLD, 0000 MICKEY D. TATE, 0000 GREGORY A. WEAVER, 0000 WILLIAM S. WOLFE, 0000 CHARLES C. TAYLOR, 0000 BARRY D. WHITESIDE, 0000 FRED D. TAYLOR, 0000 BRYAN T. WOLFORD, 0000 JOHN S. TAYLOR, JR., 0000 MICHAEL M. WOLLET, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARC R. TESSIER, 0000 ROBERT H. WOLVERTON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY FREDERICK D. THADEN, 0000 TOBIN L. WONG, 0000 AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND SCOTT A. THATCHER, 0000 COREY A. WORMACK, 0000 3064: DANIEL S. WRIGHT, 0000 KEVIN C. THERRIEN, 0000 To be major THOMAS J. THIBAULT, 0000 GLENN O. WRIGHT, 0000 JOHN D. THOMAS, 0000 MARK D. YADLOSKY, 0000 CHRISTOPHER G. ARCHER, 0000 SCOTT T. THOMPSON, 0000 MARK O. YEISLEY, 0000 CHARLES J. ATANASIO, 0000 WILLIAM D. THORNTON III, 0000 ALAN A. YEN, 0000 STEVEN T. BALOG, 0000 BRYCE E. THORPE, 0000 LEON C. YONCE, 0000 BRADFORD A. BAUMANN, 0000 KENNETH J. TIMKO, 0000 AARON A. C. YOUNG, 0000 RALPH L. BIEGANEK, 0000 TIMOTHY M. TOLE, 0000 DOUGLAS A. YOUNG, 0000 JEFFREY C. BOTSFORD, 0000 BRIAN A. TOM, 0000 EDWIN F. YOUNG, 0000 DAVID A. BOWLUS, 0000 TODD M. TOMAN, 0000 PATRICK G. YOUNGSON, 0000 DWIGHT A. BROEDEL, 0000 CHARLES A. TOMKO, 0000 ERIC D. ZIMMERMAN, 0000 ROBERT S. BROWN, 0000 LINDA R. TONNIES, 0000 IN THE ARMY SCOTT M. BULLOCK, 0000 DONNA M. TOOLE, 0000 ADDISON BURGESS, 0000 ANDREW TORELLI, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN E. CANTRELL, 0000 ALLEN R. TOSO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY FRANK G. CIAMPA, 0000 BRUCE A. TRASK, 0000 NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND GALE G. COTTON, 0000 SANDY R. TRAVNICEK, 0000 3064: JEFFREY D. DILLARD, 0000 GEORGE G. TREVILLIAN, 0000 To be lieutenant colonel GILBERT M. ELIASON, 0000 JEFFREY R. TROSPER, 0000 SHMUEL L. FELZENBERG, 0000 AARON D. TROXELL, 0000 ROBIN M. ADAMS, 0000 GARY T. FISHER, 0000 THOMAS TSCHUOR, 0000 SAVANNAH H. AGEE, 0000 KEVIN S. FORRESTER, 0000 DAVID T. TSUI, 0000 LLOYNETTA H. ARTIS, 0000 COLLIE R. FOSTER, 0000 DENNIS P. TUCKER, JR., 0000 WILLIAM P. BARRAS, 0000 GRADY L. GENTRY, 0000 DOUGLAS A. TUNNEY, 0000 PATRICK E. BERTZ, 0000 COLLIN S. GROSSRUCK, 0000 DOYLE C. TURNER, 0000 KENNETH J. BETHARDS, 0000 PAIGE K. HEARD, 0000 RONALD J. ULINE, 0000 ANTHONY J. BOHLIN, 0000 BARTON T. HERNDON, 0000 ROBERT K. UMSTEAD III, 0000 RAE M. BROADNAX, 0000 GRACE R. HOLLISTAYLOR, 0000 CHARLES E. UNDERHILL, 0000 NELSON BURGOSVIERA, 0000 AVROHOM HOROVITZ, 0000 ERIC J. UNGER, 0000 THOMAS G. CAHILL, 0000 WILLIAM H. HORTON II, 0000 BENJAMIN R. UNGERMAN, 0000 JOHN L. CANADY II, 0000 DANIEL E. HUSAK, 0000 JENNIFER L. UPTMOR, 0000 ANDREW J. CASSIDY, 0000 DAVID K. JACOB, 0000 THERRILL B. VALENTINE, 0000 RITAANNE CHESNEY, 0000 PAUL R. JAEDICKE, 0000 TODD M. VALENTINE, 0000 ILUMINADA S. CHINNETH, 0000 PETER E. JOHNSON, 0000 MARC R. VANDEVEER, 0000 DENISE M. COAKLEY, 0000 WILLIAM B. KILLOUGH, 0000 DANIEL A. VASENKO, 0000 JOYCE V. COWAN, 0000 EDDIE KINLEY, JR., 0000 JOHN E. VAUGHN, 0000 GEORGETTE M. DIGGS, 0000 CHARLES W. KUHLMAN, 0000 JOHN M. VELA, 0000 ROBERT P. DURKEE, 0000 VAIOA T. LEAU, 0000 TODD M. VENEMA, 0000 FRANKIE L. EVANS, 0000 MARK R. LEVINE, 0000

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 9801 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7450 CONGRESSIONAL RECORD — SENATE July 12, 2006

SUN S. MACUPA, 0000 MARSHA M. DOROUGH, 0000 PAUL M. SANDER, 0000 EDWARD C. MARTIN, 0000 PAULA DOULAVERIS, 0000 JOHN G. SANDERS, 0000 THOMAS J. MCCORT, 0000 RICHARD P. DUNCAN, 0000 HAROLD S. SANO, 0000 RODERICK R. MILLS, 0000 JOSEPH C. DUPUIS, 0000 DAVID R. SHOEMAKER, 0000 JOHN L. MORALES, 0000 SCOTT G. EHNES, 0000 ANDREW J. SMITH, 0000 CHRISTOPHER G. MORRIS, 0000 SAMUEL L. ELLIS, 0000 MICHAEL W. SMITH, 0000 JIMMY D. NICHOLS, 0000 BENJAMIN H. ERVIN, 0000 PHILIP L. SMITH, 0000 SHINRI M. NISHIMURA, 0000 SCOTT H. FISCHER, 0000 SHAUNA L. SNYDER, 0000 DARIN G. OLSON, 0000 ALBERT E. FLACHSBARTH, 0000 KEVIN R. STEVENSON, 0000 DAMON P. ONELLION, 0000 DARREN K. FONG, 0000 THOMAS A. SYDES, JR., 0000 TONY S. PETROS, 0000 LISA A. FORSYTH, 0000 EUGENE THURMAN, 0000 BRIAN M. RECK, 0000 CAROLYN E. FOTA, 0000 JAMES E. TUTEN, 0000 DERRICK E. RIGGS, 0000 PATRICK M. GARMAN, 0000 KEVIN W. WERTHMANN, 0000 CELESTENE ROBB, 0000 PATRICIA A. GAZZA, 0000 RODERICK S. WHITE, 0000 TERRY E. ROMINE, 0000 WILLIAM E. GEESEY, 0000 WAYNE H. WHITE, 0000 JAMES J. ROZMIAREK, 0000 LINDA K. GLISSON, 0000 ROBERT M. WILDZUNAS, 0000 ALAN T. SAVAGE, 0000 AGUSTIN S. GOGUE, 0000 DAVID W. WILSON, 0000 STEPHEN G. SEXTON, 0000 KEVIN M. GOPON, 0000 TOU T. YANG, 0000 SCOTT E. SIMPSON, 0000 SONG H. GOTIANGCO, 0000 ESMERALDO ZARZABAL, JR., 0000 XUAN N. TRAN, 0000 PATRICK W. GRADY, 0000 MITCHEL A. TULLOSS, 0000 LORY M. GURR, 0000 IN THE NAVY DONALD J. VANALSTYNE, 0000 LAWRENCE W. HALLSTROM, 0000 THOMAS B. VAUGHN, 0000 DANIEL S. HAMILTON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DENNIS R. VILLARREAL, 0000 JAMES P. HANLON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM J. WEHLAGE, 0000 JEFFREY S. HILLARD, 0000 RESERVE UNDER TITLE 10, U.S.C, SECTION 12203: PAUL H. YOON, 0000 RICHARD W. HOYT, JR., 0000 To be captain JENNIFER L. HUMPHRIES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRIS L. JACKSON, 0000 CATHY L. TRUDEAU, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY LAMONT G. KAPEC, 0000 MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C. SEC- JAMES R. KELLEY, 0000 IN THE ARMY TIONS 624 AND 3064: DENNIS B. KILIAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD J. KING, 0000 To be lieutenant colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY KAREN M. KOPYDLOWSKI, 0000 VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS WADE K. ALDOUS, 0000 AMY K. KORMAN, 0000 624 AND 3064: JOSE V. ALICEA, 0000 MARK D. KRUEGER, 0000 ANTHONY M. ARMSTRONG, 0000 PETER A. LEHNING, 0000 To be lieutenant colonel DAVID A. AUT, 0000 ANTHONY J. LOPICCOLO, JR., 0000 DEAN S. BANCROFT, 0000 JOHN H. LOREY, 0000 JOHN C. BEACH, 0000 MICHAEL P. BEATTY, 0000 STEVEN R. MATSON, 0000 SCOTT D. BORMANIS, 0000 DAVID P. BEAUCHENE, 0000 GORDON D. MAYES, 0000 WILLIAM S. FLOURNOY, 0000 THOMAS A. BELL, 0000 TERENCE S. MCDOWELL, 0000 RAOUL F. GONZALES, 0000 STEPHEN M. BENTZ, 0000 JOHN B. MCNALLY, 0000 SHERRY L. GRAHAM, 0000 REX A. BERGGREN, 0000 DANNY J. MORTON, 0000 JOSEPH G. HARRE, 0000 MELVIN F. BISHOP, 0000 KELLY C. MOSS, 0000 REBECCA K. HOLT, 0000 JAMIE A. BLOW, 0000 KEVIN J. MULALLEY, 0000 STEVE R. LAWRENCE, 0000 TIMOTHY G. BOSETTI, 0000 DINO L. MURPHY, 0000 NOREEN A. MURPHY, 0000 JAMES C. BOXMEYER, 0000 ANTHONY R. NESBITT, 0000 LLOYD T. PHINNEY, 0000 TODD J. BRIERE, 0000 SANG J. PAK, 0000 MATTHEW S. BROOKS, 0000 JOHN PARSLEY, 0000 IN THE NAVY MURIEL L. BROWN, 0000 MARSHA B. PATRICK, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR WILLIAM D. BRUNSON, JR., 0000 LARRY R. PATTERSON, 0000 APPOINTMENT IN THE GRADE INDICATED IN THE UNITED THOMAS S. BUNDT, 0000 NANETTE S. PATTON, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: CHARLES L. BURTON, 0000 PATRICK W. PICARDO, 0000 DEBORAH M. CANADA, 0000 AZIZ N. QABAR, 0000 To be commander REAGON P. CARR, 0000 TIMOTHY J. RAPP, 0000 CHRISTOPHER COLACICCO, 0000 DWIGHT L. RICKARD, 0000 WALTER J. LAWRENCE, 0000 ROBERT C. CONRAD, 0000 KEITH A. RIGDON, 0000 To be lieutenant commander JUAN COSMENORMANDIA, 0000 KEVIN W. ROBERTS, 0000 JOEL S. CRADDOCK, 0000 ROBERT R. ROUSSEL, 0000 DIANN B. GORDAN, 0000 PAUL J. DAVIS, 0000 MICHAEL A. SALAMY, 0000 RONALD L. RUGGIERO, 0000

VerDate Mar 15 2010 23:44 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 9801 E:\2006SENATE\S12JY6.REC S12JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1379 EXTENSIONS OF REMARKS

TRIBUTE TO BRUCE FARMER To share life’s joys weekend of deer season Bruce would round With four little boys up the ‘‘Old Farts’’ and we head out to the HON. RON PAUL Is living at its best. Rock Island ranch. Bruce kept that poem in his desk at work. OF TEXAS This group consisted of Bruce’s oldest and I think that says a lot about the man and his IN THE HOUSE OF REPRESENTATIVES dearest friends. Members included Buddy philosophy. His family was part of his work Benson, Jimmy Regan, Bill Glenn, Gene Mor- Wednesday, July 12, 2006 and his work was part of his family. I have had ris and of course the late Nat Pepper. There the honor and privilege of working with Bruce Mr. PAUL. Mr. Speaker, I wish to take this were dozens of other honorary members who for the past twenty five years. Notice I said opportunity to pay tribute to Mr. Bruce J. attended through the years. You always knew with and not for. No one worked for him. Farmer, Sr., a remarkable man who passed that things would get exciting when Joe Everyone at Farmer’s Copper is part of a away on June 28. I also respectfully request Cantini made the trip. And you always had team, part of the family. We all knew that unanimous consent to insert the printed make sure there was just a little bourbon for there was not a job Bruce could not do, would version of a eulogy for Mr. Farmer. when Kenneth Nance would drop by. Mr. Farmer, a resident of Galveston, Texas, not do or had not done. He was a man that was a husband, father of four sons, entre- led by example. Last year I was the only participant under preneur, and community leader. Mr. Farmer’s Every morning he would make his rounds retirement age that had not had a heart attack. career exemplifies the best features of Amer- through the offices ostensibly to check on the The trips were exciting for me every year. Sit- ican capitalism. Mr. Farmer was CEO of Farm- staff and see how business was doing. The ting around the fire or on the front porch with er’s Copper Ltd., which he founded in 1978 as real reason was that he wanted to mooch these guys have been some of the best times Farmer’s Copper and Industrial Supply. Under hugs from all of the ladies. of my life. Listening to stories of their past: the his leadership, Farmer’s Copper Ltd. grew into Bruce would also make his rounds through obstacles faced, the friends lost and the one of the nation’s largest privately owned the warehouse. He would stop in the different achievements accomplished made me proud copper and brass distributors, employing ap- departments to see how the equipment was to be included. It also made me a better man. proximately 185 people in Galveston. Mr. running, how the men were doing and what Of course some of the tails were pretty tall Farmer began working in the metal fabrication the day’s workload looked like. He would offer and then there was the always present prac- business at the age of 14, when he went to his opinion or make a suggestion and then tell tical jokes. work for Farmer’s Marine Copper Works, an them to ‘‘carry on’’. Funny, I never remember I think my favorite included Nat. Nat always engineering and fabrication firm founded by him mooching hugs down there. enjoyed his Saturday night bath. As the story his father and uncle. Mr. Farmer was also Bruce really valued his employees and truly goes, one such night Bruce called out to Nat CEO of the Four Winds Investments and a di- treated them as family. There were dozens of that he had drawn a bath for him. Nat thanked rector of Moody National Bank times when he quietly and privately helped an him and proceeded to the giant old cast iron, Mr. Farmer first demonstrated his commit- employee through their personal tragedies and clawed foot tub. After he disrobed and pre- ment to serving his community and country at hardships. Me included. pared to enter the tub he saw it. A small bass the age of 16 when he enlisted in the U.S. He always kept his door open and would swimming in circles trying to find its way out. gladly listen to any employees concerns, com- Merchant Marines in order to serve his country Bruce had caught the fish earlier and placed plaints or suggestions. Bruce always had time at the height of World War II. Throughout his it in the tub. I don’t know who was more to help. life, Mr. Farmer did not allow the demands of shocked. Nat or the bass. Like the bass we Under his leadership, Farmer’s Copper grew growing his business to distract him from be- must find our way now. Everyone here is a from a tiny almost afterthought division of coming involved in various local and national better person for having known Bruce. We as Farmer’s Marine into a leader of the metals in- organizations. For example, he served on the friends, family and coworkers must now ‘‘carry dustry. Farmer’s Copper is known both nation- Methodist Foundation Board and on other on’’. boards of the Methodist Church. An avid out- ally and internationally as the premier source for copper based metals. doorsman who loved fishing, hunting, golfing, f and skiing, Mr. Farmer also served as past His unique vision and courage to stay on President of the Galveston Propeller Club and the forefront of technological advances in both PERSONAL EXPLANATION received the Maritime Man of the Year award. equipment and material is what makes us a Mr. Speaker, I am honored to be able to leader today and for the last twenty five years. pay tribute to this fine man, and I hope all my His willingness to invest in equipment, in- HON. TODD TIAHRT colleagues join me in sending my deepest ventory and especially people has assured our condolences to his family. I hope Mr. Farmer’s success. His boundless energy and ever OF KANSAS family is comforted by the knowledge that the present optimism inspired us all. During indus- IN THE HOUSE OF REPRESENTATIVES whole community of Galveston joins them in try downturns when others saw troubles, mourning his passing. Bruce found opportunity. When everyone else Wednesday, July 12, 2006 was in the dark, Bruce found the light. That is ‘‘MY BELOVED SONS’’ Mr. TIAHRT. Mr. Speaker, on July 11, I was AUTHOR UNKNOWN how in a volatile and cyclical industry we have always prospered. unavoidably detained and missed rollcall votes There’s a feeling apart On a personal note, I have lost one of my Nos. 360, 361, 362, and 363. In a father’s heart For his son. best friends, a fishing buddy and hunting part- Rollcall vote No. 360 was on the ordering of ner. But most of all, I’ve lost my second father. the previous question. Had I been present, I A certain pride Down deep inside I have known Bruce all of my life. The older would have voted ‘‘yea.’’ For this special one. we got, the closer we got. He meant more to Rollcall vote No. 361 was on agreeing to the When there are two me than words can say. And I know without a Berkley amendment. Had I been present, I Its twice come true doubt that he felt the same towards me. would have voted ‘‘nay.’’ And life grows richer still. That’s how it was with Bruce. When you were his friend, you felt it deep down in your Rollcall vote No. 362 was on agreeing on A third little boy the motion to recommit with instructions. Had Is a brand new joy, heart. And if you were not his friend, that just And all seems perfect until; meant that you had not met him yet. I been present, I would have voted ‘‘no.’’ You add one more I guess the highest honor he gave me was Rollcall vote No. 363 was final passage of To make it four, when I became a member of the ‘‘Old Fart H.R. 4411. Had I been present, I would have And life takes on a new zest, Hunting Club.’’ Every year on the second voted ‘‘aye.’’

∑ 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 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.001 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1380 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 INTERNET GAMBLING PROHIBI- penal sanctions), it does not appear wise or safety improvements to build on findings from TION AND ENFORCEMENT ACT prudent to impose this burden on small finan- Discovery’s flight last year, including a rede- cial institutions. sign of the shuttle’s external fuel tank’s foam SPEECH OF Finally, Mr. Speaker, I would be remiss if I insulation, in-flight inspection of the shuttle’s HON. SHEILA JACKSON-LEE did not point an irony. Instead of providing mi- heat shield, improved imagery during launch OF TEXAS nors with greater protections, this legislation and the ability to launch a shuttle rescue mis- IN THE HOUSE OF REPRESENTATIVES threatens to make it much easier for minors to sion. The External Tank, which underwent utilize the services of online gambling compa- work prior to the mission to reduce foam loss, Tuesday, July 11, 2006 nies that operate across State lines. In addi- performed well this time especially early in the Ms. JACKSON-LEE of Texas. Mr. Speaker, tion, the legislation has the potential to gen- flight when a light weight piece of foam could I thank the gentleman for yielding. erate a substantial increase in acts of money severely damage the tile or wing leading edge, I rise in opposition to H.R. 4411. Clearly, laundering and undoubtedly will expose var- but nothing like that happened this time. The gambling on the internet has become an in- ious banks and Internet service providers to five instances of foam loss that were experi- creasingly popular activity and lucrative busi- excessive liability and burdensome regula- enced all occurred after the critical release ness. It is estimated that the internet gambling tions. time. The largest foam loss on the mission, market now exceeds $12 billion, and about $6 According to the bill’s lead sponsor, the which occurred in front of one of the ice/frost billion comes from U.S. bettors. It is estimated gentleman from Virginia, one of the primary ramps on the external tank, was calculated to that there are now over 2,000 gambling purposes behind the introduction of the bill be .055 pounds. The mass limit in that area is websites. But is internet gambling a net plus was to stop online gambling from occurring. .25 pounds, meaning that the loss was not or minus for society? That is the question that However, in its current form, the legislation even a quarter of the way to the limit. NASA I hoped the hearings held by the Judiciary only prohibits certain forms of online gambling is very pleased with the performance of the Committee on this legislation would answer. while expressly permitting several other forms tank, as it is a great improvement from last Regrettably, my questions have not been an- to proceed unfettered. Interestingly enough, year’s STS–114 mission. swered satisfactorily. Therefore, I cannot sup- these ‘‘special interest carve-outs’’ were the The STS–121 mission will also bolster the port the bill. main focal point of a recent article in The Hill International Space Station by making a key My concerns are four-fold. newspaper. repair and delivering more than 28,000 First, this legislation attempts to clarify the In that article, the key provisions in this bill pounds of equipment and supplies, as well as Wire Act to prohibit not only sports betting, but were compared to a similar Internet gambling adding a third crew member to the Space Sta- traditional gambling such as online poker. The bill that had been introduced by the gentleman tion. bill also attempts to updates the Wire Act to from Virginia and defeated in a previous Con- STS–121 is NASA’s most photographed cover more Internet technologies, such as gress. The article determined that: mission in shuttle history as more than 100 wireless infrastructures that increasingly make . . . The same Internet gambling legislation high definition, digital, video, and film cameras up the Internet. My concerns here Mr. Speak- Abramoff fought so hard to defeat on behalf are helping to assess whether any debris er is that factual record regarding the need for of a client that helped states conduct lot- comes off the external tank during the shut- amending the Wire Act has not been dem- teries over the Internet now includes an ex- tle’s launch, while four new video added to the onstrated and, more important, we did not emption to protect those lotteries. solid rocket boosters. have the benefit of the views of senior pros- The article went on to point out that in addi- Mr. Speaker, the success of STS–121 is a ecutors and Justice Department officials on tion to the exemption for lotteries, the bill also tribute to the skills and dedication of all NASA the necessity of amending the Wire Act. I note included language to protect wagering on employees, especially the Space Shuttle Dis- that the DOJ representative who appeared be- interstate pari-mutuel betting on horse races covery’s crew of Colonel Steve Lindsey; Com- fore the subcommittee, Mr. Bruce Orr, is not a from the scope of the bill’s ban. mander Mark Kelly; Piers Sellers, PhD; Lt. presidential appointee, was not authorized to These blanketed exemptions are obviously Colonel Mike Fossum; Commander Lisa speak for the Administration, and did not seem the byproduct of powerful gambling interests Nowak; Stephanie Wilson; and Thomas Reiter. deeply immersed in the provisions of the bill. and can be directly traced back to three par- What philosopher Ayn Rand wrote of the This lack of solid legislative-executive dialectic ticular provisions of the bill—sections 3, 5, and moon landing in 1969 applies to the STS–121 is sufficient in itself to hold the bill in sub- 6. Section 3, for example, includes language and all of NASA’s missions: ‘‘Think of what committee until a more reliable factual record which expressly exempts gambling on intra- was required to achieve that mission: think of is developed. state sanctioned activities, such as lotteries. the unpitying effort; the merciless discipline; Second, I am also concerned that the carve- All in all, Mr. Speaker, we can do better the courage; the responsibility of relying on out for internet gambling on horseracing will than what is reflected in this legislation. A bad one’s judgment; the days, nights and years of place the United States at risk of being found bill is worse than no bill at all. We should re- unswerving dedication to a goal; the tension of in violation of trade laws by the World Trade tain the bill and continue working to improve it, the unbroken maintenance of a full, clear men- Organization. The bill, as written, can be argu- if we can. tal focus; and the honesty. It took the highest, ably characterized as disadvantaging Euro- f sustained acts of virtue to create in reality pean and Australian based internet gaming what had only been dreamt of for millennia.’’ companies who would be excluded from the TRIBUTE TO NASA ON SPACE I encourage all of my colleagues and all Amer- American market, while their American coun- SHUTTLE ‘‘DISCOVERY’’ MISSION icans to join me in commending NASA for terparts would not be excluded. Should the completing STS–121 mission, and all of United States be found to have committed a HON. RON PAUL NASA’s work. trade violation, I am concerned that Europe OF TEXAS f and Australia will retaliate against American IN THE HOUSE OF REPRESENTATIVES goods and services. PERSONAL EXPLANATION Third, Mr. Speaker I was very impressed Wednesday, July 12, 2006 with the testimony of Mr. Sam Vallandingham, Mr. PAUL. Mr. Speaker, I am pleased to in- HON. TODD TIAHRT Vice President, First State Bank, who testified troduce a resolution commending the people OF KANSAS on behalf of small independent community of the National Aeronautics and Space Admin- IN THE HOUSE OF REPRESENTATIVES banks. Mr. Vallandingham testified before the istration (NASA) for the latest mission of the Judiciary Committee, and I daresay with great Space Shuttle Discovery. Successfully Wednesday, July 12, 2006 knowledge and conviction, that financial insti- launched on July 4 this mission, known as Mr. TIAHRT. Mr. Speaker, on July 10, I was tutions, especially relatively small ones like the STS–121, marks the second mission on the unavoidably detained and missed rollcall vote ones he represents, to identify, monitor, and Return to Flight sequence. STS–121 originally Numbers 358 and 359. track internet gambling transactions of its ac- was scheduled to perform just two space Rollcall vote Number 358 was on agreeing count holders. Mr. Vallandingham informed the walks. However, due to the overall success of to H.R. 2563, to authorize the Secretary of the subcommittee that financial institutions simply the launch, the mission was extended from 12 Interior to conduct feasibility studies to ad- did not possess the sophisticated detection to 13 days, allowing for an additional space dress certain water shortages within the technology that could make it conceivable to walk. Snake, Boise, and Payette River systems in identify problematic accounts. Since the risk of Among the other tasks that will be Idaho, and for other purposes. Had I been violation of this bill is great (violation carries preformed on this mission are tests of shuttle present, I would have voted ‘‘yea.’’

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.005 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1381 Rollcall vote Number 359 was on agreeing States, and, indeed, democratic and free so- organizations have come together to sponsor to the H.R. 5061, the Paint Bank and cieties everywhere; Metro Detroit Youth Day with the help of dona- Wytheville National Fish Hatcheries Convey- Therefore, Be It Resolved, that the Newton tions from dozens of corporate sponsors that Board of Aldermen urges the President and ance Act. Had I been present, I would have Congress of the United States to take imme- make this day possible. Additionally, more voted ‘‘yea.’’ diate action to apply pressure to the govern- than 900 adult volunteers from throughout the f ment of Sudan to end the genocide in the community offer their services in many capac- Darfur region; ities throughout the event. NEWTON BOARD SPEAKS OUT Be It Further Resolved, that the Newton The enthusiasm and dedication of Edward AGAINST GENOCIDE Board of Aldermen urges the Massachusetts Deeb and the Michigan Food and Beverage Legislature to enact Senate Bill 2166, which Association have combined with organizations HON. BARNEY FRANK would divest the Commonwealth’s invest- from all over Michigan to continually give back ment funds from companies doing business OF MASSACHUSETTS with the government of Sudan in such a way to countless families throughout the southeast IN THE HOUSE OF REPRESENTATIVES as to support or passively enable the Darfur Michigan community. I am pleased to offer my Wednesday, July 12, 2006 genocide; appreciation to all involved in Metro Detroit Be It Further Resolved that copies of this Youth Day for making it an annual success. Mr. FRANK of Massachusetts. Mr. Speaker, resolution be distributed to the President, f the Board of Aldermen of the City of Newton, members of the Massachusetts Congressional on June 27th, passed a powerfully worded delegation, other members of Congress in po- A TRIBUTE TO BASEBALL LEGEND and forcefully argued resolution on the Darfur sitions of leadership of the House and Senate BOB FELLER AND THE 60TH AN- genocide. I know that in passing this resolu- and their committees with jurisdiction over NIVERSARY OF HIS GREATEST tion the Board spoke for the overwhelming foreign policy and commerce, the Governor SEASON majority of the citizens of Newton, and I am of Massachusetts and members of Newton’s delegation to the state legislature, and other pleased that I was able to report to them that leaders of the state legislature as deemed ap- I am doing everything I can as a Member of HON. STEVEN C. LaTOURETTE propriate; and OF OHIO Congress to act in accordance with the policy Be It Further Resolved that this resolution that they advocate here. be posted on the official City of Newton web IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, because the problem of geno- site. Wednesday, July 12, 2006 cidal practices in Darfur remains unresolved, it Resolution offered by: Aldermen Parker, Mr. LATOURETTE. Mr. Speaker, I would is important for us to continue to focus our ef- Burg, Linsky, Fischman, Hess-Mahan, like to enter into the RECORD an article from forts on the need for action to save people Vance, Harney, Johnson and Danberg. Resolution Passed Unanimously. yesterday’s Akron Beacon Journal about a now in Darfur from being victims of genocide, (SGD) R. LISLE BAKER, baseball legend who also happens to be one even as we grieve for those who have already President. of my constituents—Hall of Famer Bob Feller. been victims. (SGD) DAVID B. COHEN, The article was written by columnist and au- Mr. Speaker, in that spirit I ask that the res- Mayor. thor Terry Pluto, one of the Nation’s most re- olution from the Newton Board of Aldermen be f spected sportswriters and someone whose printed here. work I greatly admire. RESOLUTION ON DARFUR GENOCIDE IN RECOGNITION OF METRO DETROIT YOUTH DAY Pluto’s article recounts the 60th anniversary Whereas, the government of Sudan has en- of Feller’s greatest season in 1946, his first full gaged in a policy of genocide against its own season after serving nearly four years in the black African population in Darfur through HON. JOE KNOLLENBERG use of its military and through sponsorship Navy during World War II. It is a story for OF MICHIGAN of attacks by armed Arab militias known as baseball fans of all ages, and it truly reminds the janjaweed; and IN THE HOUSE OF REPRESENTATIVES me of all that is good in baseball and in Amer- Whereas, the janjaweed and military of the Wednesday, July 12, 2006 ica. As a lifelong Cleveland Indians fan, I am Sudanese government are responsible for honored to share Pluto’s wonderful story about Mr. KNOLLENBERG. Mr. Speaker, I want to bombing villages and hospitals, gang-raping Feller so it is forever preserved in the pages extend my appreciation to Edward Deeb and civilians, summarily executing throngs of of the CONGRESSIONAL RECORD. black Darfurians, using forced starvation as the Michigan Food and Beverage Association ALL-STAR FOR ALL TIME HALL OF FAMER BOB a weapon of war, and impeding access of hu- for facilitating the yearly Metro Detroit Youth FELLER PUT UP SEASON FOR AGES IN 1946 manitarian aid to the 50% of Darfurians that Day event. Due to the leadership of Mr. Deeb are now reliant on assistance; and What Bob Feller did 60 years ago will never and the Michigan Food and Beverage Asso- happen again. That’s not a surprise, a lot has Whereas, the Sudanese government is ciation, families from throughout southeast responsib1e for the death of 400,000 changed in baseball since 1946. Darfurians and displacement of 2.5 million Michigan have been able to participate in a But what Bob Feller did in 1946 never more; and free day of fun for children for the past 24 should have happened at all. Whereas, in September 2004, U.S. Secretary years. Start with pitching the 36 games. of State, Colin Powell, declared before the Metro Detroit Youth Day, established in Excuse me, the 36 complete games. Senate Foreign Relations Committee, that 1981, has been an annual event through That’s 36 complete games in 42 starts. the Sudanese government and the Sudanese which families throughout the metro Detroit For a little context, the entire American League Central Division—that’s five teams, government-sponsored janjaweed have com- area have been able to come together and mitted genocide; and including the Indians—had 35 complete Whereas, both the United States House of share a day filled with exciting activities and games in 2005. Representatives and the United States Sen- games. Nearly 30,000 young people are ex- So in 1946, Bob Feller finished more games ate have declared, by unanimous votes, that pected to take part in the 24th annual Metro than all the pitchers on all the teams in the the Sudanese regime of dictator Omar al- Detroit Youth Day, being held on July 12, Central Division—combined! Bashir is committing genocide; and 2006, on Belle Isle. In 2005, the Indians had the lowest ERA in Whereas, international companies, by con- During the long months of summer, parents the American League, along with 10 shut- ducting business operations in Sudan, bring often find the need to find physically and men- outs—the same as Feller had in 1946. Did I mention the four saves? direct foreign investment dollars to Khar- tally stimulating activities for their children toum and provide both moral and political Feller also pitched in relief six times, sav- cover to the Sudanese regime; and while they enjoy their summer vacations. In ing four games. Whereas Khartoum has funneled the vast Metro Detroit Youth Day, students are able to Just what was the premier starting pitcher majority of direct foreign investment into enjoy a day filled with wholesome activities in baseball doing in the bullpen? military expenditures used to perpetuate the that help fill a need for physical education and ‘‘I started every fourth day,’’ Feller said. genocide while neglecting needed develop- emphasizes leadership and fair play. Addition- ‘‘I’d rest a day after my start, then I’d throw ment projects in the Darfur region; and ally, children are encouraged to stay in school, batting practice on the second day. Other Whereas, the government of Sudan has a say no to drugs, and learn how to treat one times, I’d help out in relief just to get my throwing in.’’ history of remedying egregious behavior in another with respect and dignity. response to economic pressure; and He paused. Whereas, the policy and practice of geno- The generosity of the entire community is ‘‘Know what was crazy?’’ he said. ‘‘When I cide is abhorrent to the moral and political evident in Metro Detroit Youth Day, with thou- threw batting practice, I didn’t have a (pro- values of the members of the residents of the sands of metro Detroiters contributing to this tective) screen in front of me. That was City of Newton, the people of the United event each year. More than 190 community crazy, because I could have gotten hurt.’’

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JY8.008 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1382 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 Everything in 1946 for Feller was insane, at Feller was 27 that year, at the height of his ‘‘Wheaties was going to pay me $5,000 if I least by today’s pitching parameters. physical powers. If he says he threw more did it,’’ he said. Consider his 371 1/3 innings. His 348 strike- than 125 pitches most games, he probably But then he detoured into a story of having outs. His 26–15 record for a team that was 65– did. his fastball measured. The Indians were play- 89. His 2.18 ERA. By contrast, in 2005, only two of the World ing in Washington, and Senators owner It was a season in which he threw a no-hit- Champion Chicago White Sox pitchers used Clark Griffith advertised that Feller would ter, a one-hitter, was the starting and win- more than 120 pitches. None had more than throw his fastball into what was known as a ning pitcher in the All-Star Game and had a 130. No Tribe pitcher went over 120. Rube Goldberg device, and they would figure fastball clocked at 109 mph. ‘‘I don’t care how many pitches you out the speed. After the final game of the year, he took throw,’’ Feller said. ‘‘It’s, ‘Are you tired?’ ‘‘I read about it in the paper, but Griffith one day off. How are you throwing?’’ never asked me,’’ Feller said. ‘‘I got to the ‘‘Then me and Satchel Paige went on a Feller believed the arm is a muscle, and park to pitch that night, and finally they barnstorming tour,’’ Feller said. ‘‘Played you develop it with exercise. The best one is told me about the idea.’’ about 35 games in 30 days across the coun- throwing. He also lifted light weights, rare Feller said, ‘‘Fine, I want $1,000.’’ try—the major-league stars against the stars for a player of his era. He didn’t smoke, rare- Griffith said it was good for the game for of the Negro Leagues. Traveled around in ly drank and ate reasonably well, lots of pro- Feller to go along with the gimmick. two jets. I started every game, usually tein. Feller knew it also was good for Griffith’s pitched three innings.’’ Never iced his arm, either. gate with all the extra fans coming. Feller tells this story as if he were stating ‘‘I used a little rubbing alcohol,’’ he said. ‘‘Settled for $700,’’ Feller said. ‘‘I threw 15– the obvious, like this is July and sometimes ‘‘Then after I’d pitch, I’d go home and take 25 pitches into that thing.’’ the weather is warm. a nice, hot bath.’’ The numbers ranged from 98 to 117 mph, ‘‘I didn’t think it was a big deal,’’ he said. He lived at the Tudor Arm Hotel on East depending upon where they set up the device. The white-haired Feller, now 87, would like 107th and Carnegie Avenue. They came up with an average of 109. ‘‘Then to lose a few pounds. He comes to most Indi- ‘‘I had a beautiful suite, they had a great I pitched something like 10 innings,’’ Feller ans games. He has little use for what he con- pool and I swam a lot,’’ he said. said. ‘‘Got beat 2–1.’’ Feller was 6-foot, 185 pounds, in 1946. He siders the coddling of pitchers—everything Feller said part of the reason he pitched in looked taller because he had long arms, a from icing their arms to counting their relief was to pick up some extra strikeouts. high leg kick and a big windup that seemed pitches. In the second-to-Iast game of the season, the to make him look so much closer to the hit- ‘‘I probably averaged 125-to-140 pitches (per Indians were in Detroit. In the game, he tied ter than the regulation distance of 6-feet, 6- game) that season,’’ he said. ‘‘I was going for Waddell’s record of 343. inches when he released the ball. The next day, there was no game. the strikeout record.’’ He had a fastball for the ages, but he be- Feller says things like that, causing you to Forty-eight hours later, the Indians played lieves he notched as many strikeouts with call a timeout. their final game of the season—and Feller his big, overhand curveball. It was a pitch Let’s consider the pitch counts first, then was on the mound again. He pitched nine in- that didn’t just break about a foot to the the strikeout record. Feller knows all of his nings, winning 4–1, and striking out five to right, but also dropped about a foot. crucial statistics, and he’s probably right in claim the record at 348. The rotation of the ball was so tight, so ‘‘But 10 years later, they went back and re- his estimate. An Associated Press story re- fast, that hitters swore you could hear it ported Feller using 133 pitches to no-hit the counted Waddell’s strikeouts (from 1904) and ‘‘bite’’ the air on the way to the plate. found six more, putting him ahead of me by New York Yankees in Yankee Stadium. The Feller finished his career with 266 victories one,’’ Feller said. ‘‘If I knew it back then, I story explained: ‘‘The Cleveland speedball despite missing nearly four years while serv- just would have pitched in relief another artist threw 54 balls, 35 strikes (17 were ing in World War II, much of it on the battle- game and struck out some more guys.’’ called, 18 were missed), 29 were fouled off and ship Alabama. He didn’t pitch in 1942–44, and At least he did get the $5,000 from 15 were hit to the infielders and outfielders.’’ only in nine games at the end of 1945. Wheaties. Feller fanned 11, walked five. He was in his early 20s, and had averaged 26 The barnstorming tour was an adventure ‘‘I always threw a lot of pitches,’’ Feller victories the three previous years. So you said. ‘‘I had a high school game where I all its own. have to figure Feller could have won another ‘‘Started in Pittsburgh, ended up in Se- threw a shutout, walked 14 and struck out 100 games. Who knows how many more 14.’’ attle,’’ Feller said. ‘‘Had two DC–3s; went strikeouts (at least 1,000) and no-hitters he first class. I paid Stan Musial $10,000. Other He paused. might have had? guys got $300 to $500 a game. Some got ‘‘The game was called after five innings,’’ As for his military service, Whitey Lewis more.’’ he said. wrote in the Cleveland Press: ‘‘The erstwhile Consider that in 1946, the winner’s share of I laughed. He wasn’t kidding. If you do the boy wonder, now a man, had served 44 the World Series was only $2,000 per player, math on that game, it meant only one batter months and had earned eight battle stars as which was big money. made an out by hitting the ball. It meant he a gunnery specialist on the USS Alabama. Remembering the barnstorming tour, constantly had the bases loaded, and that he But could he still pitch?’’ Feller didn’t care about the race issue. He indeed threw a no-hitter. Feller did his throwing on the deck of the In high school, most of his games were no- Alabama. liked Paige, he respected the black players hitters. So when he threw three nohitters in ‘‘Guys took turns wanting to catch me,’’ and knew the games would draw big crowds, the majors and a dozen one-hitters, at least he said. everyone making money in the process. one person wasn’t shocked: Feller himself. Why not, even if they ended up losing some ‘‘I was excited to be chosen to play for the Back to the 1946 no-hitter. teeth because they missed a pitch. Feller had Satchel Paige All-Stars,’’ Buck O’Neil wrote Consider this: It was the bottom of the already won 107 games at age 22 when he en- in his book, Right on Time. ‘‘I knew I’d be ninth inning. The Indians had a 1–0 lead. The tered the Navy. He led the American League making more money in that month than I Yankees’ George Stirweiss led off by bunting in strikeouts for four consecutive seasons. did in six. I’d be taking my first plane ride for a hit, which was ruled an error on Tribe His fellow sailors knew he was Cooperstown and I felt this tour was an event that could first baseman Les Fleming. Newspapers from bound. have a real effect on big-league integration.’’ New York and Cleveland both reported it was After nearly four years away from the ma- Feller made more than $100,000 in 1946. His an easy play that Fleming botched, the ball jors, Feller returned to pitch nine games at base salary was $50,000, and Tribe owner Bill rolling through his legs. the end of the ’45 season. He was 5–3 with a Veeck paid him a bonus for attendance at his Think of today’s unwritten rules about 2.50 ERA, but some whispered he didn’t home games. He also had his own radio show, bunting to break up a no-hitter in the late throw quite as hard, his breaking ball was made commercials and personal appearances. innings, how it’s considered an insult and not as sharp. He led the American League in wins (26), somehow unsportsmanlike. Then came 1946, when Feller pitched and shutouts (10), strikeouts (348), games pitched ‘‘Nah,’’ said Feller last week. ‘‘It was 1–0. pitched and pitched—almost as if to make up (48) and innings (3711⁄3). He was just trying to win the game.’’ for lost time. He would never again strike out more than Feller retired the next three hitters on At the all-star break, Feller had 15 vic- 196 batters in a season. His career ended in ground balls to preserve the no-hitter. tories and 190 strikeouts. In 1945, there was 1956. ‘‘There was some talk, especially in New no All-Star Game because of war-time travel ‘‘It wasn’t because I threw too much in York, that I was washed up after the war,’’ restrictions. In 1946, it was a celebration of 1946,’’ he said. ‘‘It’s because I slipped on the Feller said. returning stars such as Feller and Williams. mound in Philadelphia the next year. I had The no-hitter on that day in late April si- Feller was the winning pitcher, throwing maybe my best fastball, struck out nine of lenced any doubts. So did that incredible 1946 three scoreless innings. Williams had four the first 11 guys. I went to throw a curve, my season, when he pitched in a league that fea- hits, including two homers. The American front foot gave out and I felt something rip tured the likes of Ted Williams, Joe League rolled, 12–0. in the back of my shoulder.’’ DiMaggio, Hank Greenberg, Mickey Vernon ‘‘Only time I ever won an All-Star Game,’’ He pitched a few more innings, then rested. and Rudy York. Feller said. But not for long. Feller still was 20–11 with Feller’s 26 victories plus his four saves Feller always wanted to beat Rube a 2.68 ERA in 1947. He threw 299 innings, meant he had an arm in 30 of the Tribe’s 68 Waddell’s major-league strikeout record of completed 20 games and struck out a league- wins. 343 for a season, set in 1904. leading 196.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JY8.014 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1383 ‘‘But I never was really the same after share the tactics of al Qaeda and Kashmiri It has been said that the ultimate measure that,’’ he said. ‘‘That’s why I say 1946 was my militants. While we commiserate with India, we of a person’s life is the extent to which they greatest year.’’ must also view these attacks as a reminder made the world a better place. Arthur Busby’s Feller said it with a shrug. Sixty years and work has forever shaped the Dallas commu- another era ago. that terrorism is indeed a global struggle. It is That season, shortstop Lou Boudreau also often said that India and America have a nat- nity; not only through the lives he has saved, was the manager. A fellow named Bob ural bond as two of the largest democracies. but the ones he has touched. Lemon began the year as a light-hitting out- Today we share a bond of a common enemy: Senior Corporal Busby’s contributions to the fielder and was converted to pitcher during what the 9/11 commission identified as Dallas community cannot simply be measured the season—no stop in the minors. He was 4– Islamist terrorism. by a time clock. His extensive involvement in 5 with a 2.49 ERA in 1946 and eventually Today our thoughts are with the people of community service includes work with the made the Hall of Fame, just like Feller. India, and I am confident that the aftermath of Boys Club of America, the Dallas Community ‘‘A different game,’’ Feller said. these attacks, we will see all the resilience Service Center, and the United Negro College One every baseball fan wishes they could Fund, just to name a few. Additionally, Senior have seen. that is embodied in the Indian people. f Corporal Busby is very accomplished in the f field of marshal arts and has extended that CONGRATULATING STEVEN B. RECOGNIZING DOUG TRIPP OF knowledge by means of instruction and assist- RENEAU PASCO COUNTY, FLORIDA ance throughout the community. As a member of the Special Operations HON. VITO FOSSELLA HON. GINNY BROWN-WAITE Tactical Section, Arthur Busby has been on OF FLORIDA the front lines on many perilous situations. As OF NEW YORK IN THE HOUSE OF REPRESENTATIVES part of his duties in hostage rescue, Senior IN THE HOUSE OF REPRESENTATIVES Wednesday, July 12, 2006 Corporal Busby has bravely rescued many in- Wednesday, July 12, 2006 dividuals from potentially deadly situations. In Ms. GINNY BROWN-WAITE of Florida. Mr. Mr. FOSSELLA. Mr. Speaker, I want to ex- 1998, Senior Corporal Busby played a key Speaker, I rise today to honor a local home- role in freeing a 4-month-old baby from a 3- tend my congratulations to Steven B. Reneau, builder who has gone above and beyond the a Staten Island resident and recent graduate hour hostage standoff. His bravery and call of duty to meet the needs of his fellow citi- composure has made the difference between of Staten Island Technical High School. Ste- zens. ven is the Iron Man of the city school system. life and death for many citizens of Dallas. Hailing from Land O’Lakes, FL, Doug Tripp Throughout his 33 years with the Dallas Po- You see, since he entered the first grade in is actively involved in local efforts to help resi- lice Department, Senior Corporal Busby’s 1994, Steven has not missed a single day of dents of Pasco County achieve their dream of commitment to law enforcement has been an school—translating to roughly 2,160 consecu- homeownership. As a volunteer for the Habitat inspiration to all of us, and has made an enor- tive days of class. for Humanity chapter of central Pasco County mous difference to thousands of our fellow citi- Steven never gave much thought to the dis- for a number of years and currently serving as zens. Upon his retirement, I wish him the best tinction until his eighth-grade teacher at St. the organization’s president, Doug has also for the years ahead. Certainly, his impact and John’s Lutheran School on Staten Island personally provided thousands of dollars to- contributions as a police officer will not be for- noted that his attendance had been unblem- ward the group’s efforts. gotten. ished. From this point forward, Steven made In addition to donating plots of land so that f attending class every day his priority. habitat affiliates can build new homes, Doug Instead of being held down by illness, bouts also contributes countless hours of work on IN TRIBUTE TO FRANK ZEIDLER of exhaustion, or pressure from his peers to job sites alongside the Habitat partner fami- FORMER MAYOR OF MILWAUKEE cut class, Steven says his perfect attendance lies. His financial assistance to other needy drove him to keep going—with a few tough people in our community has helped others HON. GWEN MOORE love nudges from Mom. Steven even post- build the home of their dreams. OF WISCONSIN poned an all-expenses-paid trip to M.I.T. be- A Generous supporter of all Pasco County IN THE HOUSE OF REPRESENTATIVES cause the visit was in the middle of the school residents’ needs, Doug’s dedication to the Wednesday, July 12, 2006 week. families living in the area also includes volun- Ms. MOORE of Wisconsin. Mr. Speaker, I His persistence has paid off. Steven, who teering for Big Brothers Big Sisters and sev- rise today to pay tribute to the life and work was elected class president three times and eral youth athletic organizations. was a member of the swim team, has re- As a local business leader, Doug founded of a man that has been called the conscience ceived three scholarships to Yale University to tripp trademark homes in 2001, building more of Milwaukee. The Honorable Frank Zeidler, study economics and history with an eye to- than 200 homes a year and providing more who died this week at the age of 93, served ward graduate school—with perfect attend- than 100 people with quality jobs. Doug and 3 terms as Mayor of Milwaukee. He dedicated ance—no doubt. Again I want to congratulate his wife Holly have a daughter Loren and two his entire adult life to improving the quality of Steven on his outstanding achievement and I sons, Jake and Zack. public policy and government services in this wish him the best in his future endeavors. Mr. Speaker, Doug Tripp’s success in busi- community. A life long resident of the City of Milwaukee, f ness has driven him to give back to the Pasco County community. As a volunteer and gen- Frank Zeidler grew up in Merrill Park, and CONDEMNING BOMBINGS IN erous contributor to help other people in need, raised his own family in a modest neighbor- MUMBAI, INDIA Pasco County is richer for Doug’s involvement hood on North Second Street. He is widely re- and his tireless support of families needing a membered for his vigorous intellect, strong HON. EDWARD R. ROYCE home. commitment to the use of government to solve problems, and unparalleled integrity. OF CALIFORNIA f IN THE HOUSE OF REPRESENTATIVES Prior to serving as mayor, he was elected to HONORING SENIOR CORPORAL be county surveyor and served 2 terms as Wednesday, July 12, 2006 ARTHUR D. BUSBY, JR. member of the Milwaukee School Board. As Mr. ROYCE. Mr. Speaker, as chairman of Milwaukee’s mayor from 1948–1960, Mr. the Subcommittee on Terrorism and Non- HON. EDDIE BERNICE JOHNSON Zeidler implemented a wide range of initiatives proliferation, I rise today to strongly condemn OF TEXAS that reflected his contention—often attributed to his adherence to socialist ideology—that the terrorist bombing that occurred yesterday IN THE HOUSE OF REPRESENTATIVES in Mumbai, India. government could serve as a powerful tool for Yesterday, eight bombs ripped through Wednesday, July 12, 2006 improving the lives of residents. He devoted crowded commuter trains headed for Mumbai, Ms. EDDIE BERNICE JOHNSON of Texas. considerable effort to improving government in a well coordinated terrorist attack, which Mr. Speaker, Senior Corporal Arthur Busby is services, upgrading garbage collection and the claimed as many as 190 lives, and injured a true American hero, who has proudly served fire department, expanding library access, hundreds more. the Dallas Police Department since 1973. His starting a public television station and a public While there has been no immediate claim of tireless devotion to the department, his col- museum, and ensuring high quality infrastruc- responsibility for the bombings, the style of at- leagues and the people of Dallas is to be ture. He oversaw the development of thou- tacks and targeting of mass transportation commended. sands of units of low-income and veterans’

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.018 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1384 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 housing. He was strongly committed to work- lies and the Committee on Temporary Shelter ment Medal, 3rd award; National Defense ing to combat poverty and ensuring respect for (COTS) in Burlington. Service Medal; Armed Forces Expeditionary the civil rights of all. Many people work to make Vermont a spe- Medal; South-West Asia Medal with 2 stars; After 12 years as mayor, he reentered life cial place. They tend to those in need and Kuwaiti Liberation Medal; NATO Ribbon; as a private citizen, but continued to champion feed the hungry. They educate young people Armed Forces Service Ribbon and the Meri- these ideals through community action. A true and secure the health of all of us. They re- torious Unit Citation. His badges include Basic public servant, he was lauded by friends and mind us of our past and give us a firm founda- parachute and Air Assault. foes alike for his principled behavior, and for tion to move securely into the future. Lois He served as the Commander, Detroit Dis- his evident commitment to seeking the best McClure is just one of those many, one of the trict U.S. Army Corps of Engineers from 2004 solutions to the problems we face as a com- countless generous people in our state. But, to 2006. My district, which is southwest Michi- munity. I am honored to pay tribute to him, always, financial support enables the work that gan, was fortunate to finally have a Detroit and to thank him and his family for their efforts we all do together to build and strengthen our District Commander who really paid attention to make Milwaukee and the Fourth Congres- communities. Time and again Lois McClure to the needs of the small communities on sional District a better place in which to live for and her late husband have supported the ef- Lake Michigan. During his tenure, there was everyone. forts of those who care, and provided funds significant progress made in the dredging of f for those in need. And for that we thank her, the St. Joseph, Michigan harbor for the first and honor her. time in many years. The entire community ap- A MODEL OF GENEROSITY f preciated the diligence of Colonel Lauzon in dealing with the issues that were most impor- HON. BERNARD SANDERS TRIBUTE TO LIEUTENANT tant to us. OF VERMONT COLONEL DONALD P. LAUZON I wish to personally thank Colonel Lauzon IN THE HOUSE OF REPRESENTATIVES for not only his service to the country, but par- Wednesday, July 12, 2006 HON. FRED UPTON ticularly for his assistance to the great State of OF MICHIGAN Michigan over the last 2 years. I wish him Mr. SANDERS. Mr. Speaker, this past week IN THE HOUSE OF REPRESENTATIVES much success in his future endeavors, particu- the Visiting Nurses Association of Chittenden larly on the golf course. and Grand Isle Counties announced that it re- Wednesday, July 12, 2006 f ceived a generous gift of $1 million from Lois Mr. UPTON. Mr. Speaker, I rise today to McClure. It is what we have come to expect recognize and pay tribute to Lieutenant Colo- TRIBUTE TO LIEUTENANT of Mrs. McClure. She, along with her husband, nel Donald P. Lauzon of the U.S. Army Corps COLONEL DAVID E.A. JOHNSON J. Warren McClure, who died in April 2004, of Engineers upon both the completion of his has sustained and encouraged a great variety command as the District Engineer for the De- HON. MIKE ROGERS of community-building in the State of Vermont. troit District and also upon his retirement from OF MICHIGAN From support for the hungry and the homeless distinguished service with the U.S. Army IN THE HOUSE OF REPRESENTATIVES to the preservation of Vermont history, from Corps of Engineers. concern with teenage mothers to grants to Colonel Lauzon earned his Bachelor of Wednesday, July 12, 2006 champion Lake Champlain and its heritage, Science in Industrial Engineering and is a Dis- Mr. ROGERS of Michigan. Mr. Speaker, I Lois McClure has used her substantial re- tinguished Military Graduate from Rhode Is- rise to recognize and thank Lieutenant Colonel sources to make Vermont a better and more land College, Providence, RI; a Masters of David E.A. Johnson for his 22 years of service caring place to live. Military Operational Art and Science from the to the United States, and to commend him on In addition to the remarkable donation to the United States Air Force Air University on the an exemplary career with the United States VNA which was recently announced, let me historic Maxwell-Gunter AFB, AL, as well as a Army. cite only a partial listing of the donations that Masters Degree in Construction Management LTC Johnson entered the United States Mili- Lois McClure and J. Warren McClure have from Colorado State University, Fort Collins, tary Academy at West Point in 1980 where he given to support Vermont and Vermonters. CO. He was commissioned in the U.S. Army graduated in 1984 in the top 15 percent of his One million dollars to the Burlington Commu- in 1986. class. He later became one of 23 out of 124 nity Land Trust, the first municipally-funded Lauzon has served with distinction abroad in qualified officer candidates to graduate from land trust in the Nation. One million dollars to Bosnia, Iraq and Germany. His assignments the Special Forces Detachment Officers Quali- the Vermont Historical Society for the study of include a tour in Bosnia serving on both 1st fication Course. He was immediately assigned Vermont history, and $100,000 for the Rokeby Infantry Division and 1st Armor Divisions’ Gen- to command a Special Forces ‘‘A-Team’’ in Museum which preserves that history, as does eral Staff at Camp Eagle, Tuzla, and in Desert the 5th Special Forces Group in Operations the Lake Champlain Maritime Museum, also a Shield/Storm as the Assistant Operations Offi- Desert Shield and Desert Storm. In 2000, he recipient of McClure funds. And $1 million to cer and Battalion Battle Captain in support of served as an Army legislative liaison in the renovate the USS Ticonderoga at the the 20th Engineer Brigade. As a Lieutenant, House Liaison Division where he planned, co- Shelburne Museum, along with generous fund- he served as a platoon leader and Company ordinated and escorted Congressional Delega- ing to build an 88-foot working replica of a Executive Officer of the 547th Combat Engi- tions on fact-finding missions to over 28 coun- sailing canal boat, appropriately christened the neer Battalion, Germany. tries and seven States. In 2002, LTC Johnson Lois McClure. Two and a half million dollars to He has also served in a wide array of as- was selected as an Army Strategist to aug- the Leahy Center for Lake Champlain to study signments in the U.S., including the Chief of ment Combined Joint Special Operations Task and preserve and educate people about the Operations Branch, Defense Mapping School, Force—North in support of Operation Iraqi lake on Vermont’s western border. Education? Fort Belvoir, VA; Battalion Executive Officer, Freedom as Chief of Plans and Current Plans. Generous grants to Vermont’s St. Michael’s 249th Engineer Battalion (Prime Power); Exec- In Operations Iraqi Freedom and Enduring College, Champlain College, the Snelling Cen- utive Officer, Deputy Chief of Engineers, Freedom, he has transformed Special Oper- ter for Government, and the UVM Bailey-Howe Headquarters’ USACE, Washington, DC; Resi- ations Theater Support Element procedures, Library. Money for preserving our agricultural dent Engineer for Fort Dix/McGuire AFB of the integrating General Purpose and Special Op- tradition to Shelburne Farms, for supporting New York District; and as Company Com- erations Forces and has been a key leader of community philanthropy for the Vermont Com- mander of the 299th Engineer Battalion at logistics transformation. munity Foundation, for improving health care both Fort Carson, Colorado and Fort Sill, Overall, LTC Johnson has earned over 36 on every level to the Vermont-New Hampshire Oklahoma. Immediately prior to arriving in De- separate combat and peacetime awards as Red Cross, generous gifts to the Vermont troit, LTC Lauzon served as Chief of the De- well as nearly every special skill badge author- Respite House and to the Fletcher-Allen Hos- partment of Military Training, National ized. He has shown consistent excellence in pital. Geospatial and Intelligence Agency, Fort leadership, planning, and innovation, while And money to build community, especially Belvoir, Virginia. making a permanent impact on Special Oper- focused on the needs of the elderly, children Colonel Lauzon is a recipient of the Bronze ations. and the homeless: To establish the McClure Star. His other numerous citations include: the Mr. Speaker, I ask my colleagues to join Multigenerational Center in Burlington, to sup- Defense Meritorious Service Medal; the Meri- with me in honoring Lieutenant Colonel David port the Chittenden Emergency Food Shelf, torious Service Medal, 4th award; Army Com- E.A. Johnson and thanking him for the count- and to the Baird Center for Children and Fami- mendation Medal, 4th award; Army Achieve- less sacrifices he has made for this Nation,

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.023 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1385 and the 22 years of remarkable service in the during the 1920s. Worldwide oil prices are member of the New York State Holocaust Me- United States Army. May he know that this now at a level that would make more attractive morial Commission. He was recognized in body and his Nation are proud of him. investments in large-scale coal-to-liquid fuel 1997 with the Meritorious Service Award from f facilities in this country. However, as evident the New York State NAACP, and in 1988, he with other alternative fuels such as ethanol, and his wife, attorney Sue Gardner, were hon- TRIBUTE TO RON GREENSTEIN federal incentives will be necessary in order to ored by the National Conference of Christians sustain this type of an effort over the long- and Jews. HON. ROBERT WEXLER term. Now, a senior partner at the Kavinoky Cook OF FLORIDA The ‘‘Coal-to-Liquid Fuel Energy Act of law firm, where he joined after he graduated IN THE HOUSE OF REPRESENTATIVES 2006’’ proposes to take an omnibus approach from Harvard Law in 1953, Mr. Gardner con- Wednesday, July 12, 2006 to the commercialization of coal liquefaction tinues to find a balance between his passion technology by stimulating the production, mar- for both law and education. In addition to Mr. WEXLER. Mr. Speaker, I would like to keting, and use of coal-to-liquid fuels. The bill being regarded as one of the best corporate take this opportunity to recognize the signifi- would: lawyers in the nation, he remains as a pioneer cant achievements of a gentleman who has Amend the Energy Policy Act of 2005 to ex- in advancing educational issues in Buffalo and shown great leadership throughout the State plicitly make commercial coal-to-liquid fuel fa- New York State. of Florida, Representative Ron Greenstein, cilities eligible under that law’s energy project who will soon be completing his last term in loan guarantee program. Mr. Speaker, Mr. Gardner provides us all the Florida Legislature. Establish a loan program within the Depart- with a model of how our convictions can ex- Throughout his career, Representative ment of Energy to commercialize coal-to-liquid tend into all facets of our lives—our career, Greenstein has stood out as a devoted sup- fuel facilities. family, community. A Life magazine article porter of environmental, health care, hunger Authorize as the Energy Secretary deems about Harvard Law School inspired Mr. Gard- and economic causes. He has championed appropriate the purchase of coal-to-liquid fuels ner to follow his dream of becoming a lawyer, issues for senior citizens, fought to protect for Strategic Petroleum Reserve purposes. but he didn’t lose sight of his other passions— Florida’s water resources and advocated for Extend through 2020 the availability of the a passion for education and community serv- the legislation of video lottery terminals. He alternative fuel excise tax credit for coal-to-liq- ice. On behalf of the Western New York com- displayed profound dedication to children’s uid fuels authorized by the 2005 federal high- munity, I would like to congratulate Mr. Gard- hunger causes with his 2004 IMAGINE spe- way and transit reauthorization legislation ner and extend our best wishes to him and his cialty tag bill, which provided funding for food (SAFETEA–LU). entire family, for this outstanding achievement. banks throughout the State, and his 2005 Chil- f dren’s Summer Nutrition Act, which drew f down nearly $104 million to implement sum- HONORING ARNOLD B. GARDNER, mer feeding programs for disadvantaged chil- ROOT-STIMSON AWARD RECIPIENT DEEP OCEAN ENERGY RESOURCES dren. ACT OF 2006 A passionate advocate of environmental re- HON. BRIAN HIGGINS form, Representative Greenstein has served OF NEW YORK SPEECH OF as Executive Director of the Broward County IN THE HOUSE OF REPRESENTATIVES Resource Recovery Board, which promotes HON. BOB ETHERIDGE Wednesday, July 12, 2006 solid waste management, conservation of en- OF NORTH CAROLINA ergy and recycling. He has recently been hon- Mr. HIGGINS. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES ored with the ‘‘Legislative Leadership Award’’ recognize and congratulate Arnold B. Gardner, by the Florida Association of Food Banks and a determined and dedicated leader in the ad- Thursday, June 29, 2006 has been acknowledged as the ‘‘Favorite Leg- vancement of quality and accessible edu- islator’’ by the Silver-Haired Legislature. An cation, as the recipient of the Root-Stimson The House in Committee of the Whole active and dedicated member of the South Award, presented recently by the New York House on the State of the Union had under Florida community, Ron has served as Chair- State Bar Association for outstanding commu- consideration the bill (H.R. 4761) to provide nity service. for exploration, development, and production person of the Broward Alliance and Broward activities for mineral resources on the outer County Welfare Reform Committee, and has I can think of no one more deserving as Ar- Continental Shelf, and for other purposes: held a position in the Board of Directors of the nold Gardner for this prestigious award. Mr. North Broward Chamber of Commerce and Gardner is well-known for his volunteer serv- Mr. ETHERIDGE. Mr. Chairman, I rise today the SOS Children’s Village in Broward County. ice across the state and as a ‘‘champion of in opposition to H.R. 4761. Today, I congratulate Representative Green- public education,’’ according to Jeremiah J. Our country is facing a painful energy crisis stein on his exemplary work and thank him for McCarthy, president of the Erie County Bar as a result of the policies of this Administration his unwavering commitment and determination Association. and Congressional Leadership. The price of oil throughout his career as an elected official of Mr. Gardner is indeed a champion whose is as high as it has ever been, and the people the State of Florida. advocacy on behalf of public education spans in my district in North Carolina are suffering f almost four decades. From 1969–1977, he from these high energy prices. The American was a member and served as president of the people desperately need effective new energy COAL-TO-LIQUID FUEL ENERGY Buffalo Board of Education. He was appointed policies, but H.R. 4761 is simply more of the ACT OF 2006 to a statewide task force on teacher education same failed solutions from the Republican ma- and certification in the late 1970s. jority in this body. In 1980, he was appointed to the Board of HON. NICK J. RAHALL II This legislation would override provisions in Trustees for SUNY during which time he OF WEST VIRGINIA my State of North Carolina against offshore served as a vice chairman. Following 19 years IN THE HOUSE OF REPRESENTATIVES drilling, and eliminate a long-standing national of service on the SUNY Board, he was elected moratorium on coastal drilling. I have never Wednesday, July 12, 2006 to the New York State Board of Regents in supported drilling off the Outer Continental Mr. RAHALL. Mr. Speaker, while other in- 1999 where he oversees Kindergarten through Shelf that could threaten North Carolina’s pris- dustrialized countries have embraced weaning 12th grade education, higher learning and pro- tine beaches. themselves off imported oil by commercializing fessional practices. Re-elected in 2004, Mr. coal-to-liquid fuel technologies for transpor- Gardner will remain a Regent until 2009. Instead of finding new solutions to our en- tation fuels, the United States has lagged be- Mr. Gardner’s commitment to community ergy crisis, such as passing biofuels legislation hind in this endeavor as it has with other alter- service extends to his membership on the that would encourage our farmers to grow our native fuels primarily due to the lack of will Board of Governors of the Hebrew Union Col- own fuel here at home, the Republican leader- and the price of oil. lege-Jewish Institute and the National Council ship chooses to put at risk the places all South Africa, for instance, at its Sasol facili- of the American Jewish Committee where he Americans hold dear. ties, is meeting 30 percent of its liquid fuel reserved as National Vice President. He is also Mr. Chairman, I will vote against H.R. 4761, quirements through coal liquefaction using a a Trustee of the New York State Archives and I urge my colleagues to vote against this technology originally developed in Germany Partnership Trust and previously served as a bill.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.026 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1386 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 CONGRATULATING COLONEL ELLIS THE BOOMERS HAVE ARRIVED— the Governor’s Commission for the 21st Cen- AS HE IS HONORED BY THE JIM GHIELMETTI TURNING 60 tury, a group charged with developing a blue- TOBYHANNA ARMY DEPOT OF print for California to follow in addressing MONROE COUNTY HON. GEORGE MILLER transportation, housing, environmental and OF CALIFORNIA other issues of the 21st century. In 2003, Jim IN THE HOUSE OF REPRESENTATIVES was appointed to the California State Trans- HON. PAUL E. KANJORSKI portation Commission. Wednesday, July 12, 2006 OF PENNSYLVANIA Jim Ghielmetti has been an outstanding cit- IN THE HOUSE OF REPRESENTATIVES Mr. GEORGE MILLER of California. Mr. izen participant in the public policy debates in Speaker, this Saturday night I will join the Wednesday, July 12, 2006 our region and in our State. many friends of Jim Ghielmetti in celebrating Homebuilding is what Jim Ghielmetti does, Mr. KANJORSKI. Mr. Speaker, I rise today an event that millions of Americans will share but his family tells us who he is. Jim and his to ask you and my esteemed colleagues in the over the coming years. The baby boomers are wife Laurie, a very successful businesswoman House of Representatives to pay tribute to turning 60, and there is nothing they can do in the design field, have been partners in life COL Tracy L. Ellis, who has commanded the about it. Jim’s birthday is May 15th, but I think and in business. They have raised two great Tobyhanna Army Depot in Monroe County, his wonderful wife Laurie wanted to give him sons, Michael and Brian, and recently a Pennsylvania, from July 31, 2003 to July 20, a few months to adjust before he faced his grandson Matteo. Michael, specializing in cre- 2006, when he will turn over command to COL many friends who will gather in San Francisco ative urban infill, is working with Jim at Signa- Ronald Alberto. to wish him well. I share a May birthday but ture Properties, and Brian is in New York The Tobyhanna Army Depot is the Nation’s a year earlier so I had the pleasure of being doing urban renovations. Jim and Laurie and largest repair station for military communica- ahead of Jim and the boomers. all of us are very proud of them both. tions equipment and weapons targeting sys- It has now been almost 30 years since I These are just some of the reasons why so tems. It employs more than 3,000 people and was introduced to a young builder in my con- many of Jim’s friends will be coming together circulates more than $450 million each year to gressional district. Sid Lippow, our mutual to wish him a very happy birthday with so the local economy. friend who introduced us, said that he thought many more to come. This birthday may be a Under Colonel Ellis’ command, mission it was important for us to get to know one an- shock to Jim, but I can assure him that all of workload surged by 40 percent between 2003 other. He said that we could give balance to us are very glad that he has had these 60 and 2004 and 60 percent between 2003 and each other and that we were the future of our years and wish him many more to come. 2005. The depot effectively incorporated hun- professions, me in politics and Jim in home- f dreds of new employees to meet the ex- building. But as Sid said, Jim was about build- panded workload. ing more than homes, he was building com- THE VOTING RIGHTS ACT REAU- THORIZATION AND AMENDMENTS The depot also expanded maintenance sup- munities. ACT OF 2006 port of other critical systems including aircraft For these 30 years we have indeed added survivability equipment, aircrew survival ra- balance to one another. Most of the time after dios, secure communications equipment, air long debates over a wide range of issues, HON. JUANITA MILLENDER-McDONALD defense and air traffic control, landing systems from endangered species, the future of Social OF CALIFORNIA and tactical satellite communications systems. Security, community planning, the right level of IN THE HOUSE OF REPRESENTATIVES taxation, and so many other topics. We have Tobyhanna Army Depot effectively prepared Wednesday, July 12, 2006 for the 2005 Base Realignment and Closure argued about them in one another’s homes, in Ms. MILLENDER-MCDONALD. Mr. Speaker, process, and will gain new missions from two restaurants and at the kids’ soccer games. I am proud to be a sponsor of H.R. 9, ‘‘The other installations as a result. Through it all we have remained the best of friends. Fannie Lou Hamer, Rosa Parks and Coretta During his command tour, Colonel Ellis Jim Ghielmetti has come a long way since Scott King Voting Rights Act Reauthorization added to Tobyhanna’s environmental steward- those early days when he was learning his and Amendments Act of 2006.’’ This legisla- ship, winning the Secretary of the Army Envi- profession while working for Shapell Industries tion compliments the historic Voting Rights Act ronmental Quality Award in both 2004 and of Northern California. In 1983 he struck out of 1965, which is considered to be among the 2005. The 2005 award recognized the depot on his own and founded Signature Properties. greatest legislative accomplishments in our for pollution prevention in the industrial instal- Today, under his leadership, the company has nation’s history. Often referred to as the lation category for recycling more than 40 per- built more than 6,000 homes, with another ‘‘Crown Jewel’’ of America’s civil rights laws, cent of the solid waste generated annually. 3,500 homes currently in the planning or de- the Act memorializes those who marched, The depot’s special employment programs sign phases. Signature is well known through- struggled and even died to secure the right for earned further recognition with receipt of the out the greater Bay Area and Sacramento re- all Americans to vote. 2003 Army Disability Program of the Year gions for its diverse product offerings in both The Voting Rights Act of 1965 passed just Award. urban and suburban settings, its commercial months after the historic Selma to Mont- Colonel Ellis also directed that the depot’s and mixed-use projects and its master- gomery march and remains a lasting achieve- Army Community Services program allot its planned communities. ment of the Civil Rights movement. It helped limited resources to provide maximum assist- True to my first introduction to Jim, he was to change the face of Southern politics in ance to the large National Guard and Reserve building more than houses. He has given an ways we could hardly imagine. In Alabama, in population surrounding the installation. ACS extraordinary amount of his time to making the the space of only one year after the Act be- has conducted many briefings for hundreds of Bay Area a better community. Since 1994, Jim came law, black voter registration practically families of military personnel before, during Ghielmetti has focused on local transportation doubled from 116,000 in August 1965 to and after their deployments. issues by chairing the Transportation Com- 228,000 in August, 1966. By 1990, there were Colonel Ellis’ command of Tobyhanna Army mittee of the Tri-Valley Business Council. The more than 7,300 black elected officials nation- Depot is one marked by rapid increases in Transportation Committee addresses such wide, including the governor of Virginia. The maintenance production, growth of depot em- issues as toll roads, Bay Area Rapid Transit Act produced black Members of Congress ployees, innovation and improvement in busi- (BART) expansion to the Tri-Valley area and from Alabama, Florida and North Carolina for ness and production management and sus- obtaining matching federal funds for expansion the first time since Reconstruction. Rural black tained performance in environmental steward- of Interstates 580 and 680. voters in Georgia and Louisiana sent black ship. For the last 5 years, Jim has served on the representatives to Congress as well. Mr. Speaker, please join me in congratu- Board of Directors of the Bay Area Council. One of the more meaningful provisions of lating Colonel Ellis on a job well done. His de- The Bay Area Council is an organization that the Act called for the placement of federal ref- votion to duty and country as well as his com- aggressively addresses the challenges that af- erees and monitors in counties with a clear mitment to excellence have bolstered the al- fect the economic well-being and quality of life practice of disenfranchisement. There were ready superb reputation of the Tobyhanna in the nine Bay Area counties. He also serves and still are subtle tools to discourage blacks, Army Depot as an indispensable resource for on the Executive Committee of the Policy Ad- other minorities and poor people from voting. the American Armed Forces, and insured that visory Board for the Fisher Center for Real Es- Local political establishments still use many of the depot will remain a key element in the re- tate and Urban Economics at the University of the same tactics: annexation ineligibility; purg- gion’s economic well-being. California, Berkeley. In 2000, Jim served on ing voter lists; relocating polling places; the

VerDate Aug 31 2005 06:03 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.031 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1387 use of official government issued voter-ID waterfront. Preserved afloat in her natural ele- RAIL SECURITY cards and raising residency requirements. ment, much as she appeared during her active These are some of the discriminating practices whaling career, the Morgan is a featured part HON. LORETTA SANCHEZ that undermine the impact of black and other of the Mystic Seaport visitor experience. OF CALIFORNIA minority voters in particular. Through the years millions of visitors have IN THE HOUSE OF REPRESENTATIVES As the Ranking Member of the Committee climbed onboard the Morgan to experience, on House Administration which oversees Fed- first-hand, the living and working environment Wednesday, July 12, 2006 eral elections, I applaud the substantial of a large 19th-century wooden whaling ves- Ms. LORETTA SANCHEZ of California. Mr. progress that has been made in the area of sel. Speaker, Madrid, London, Mumbai. Every- voting rights through the 1965 Voting Rights On Saturday, July 15, I will visit Mystic Sea- where in the world, people are aware of the Act. However, I also know that we must con- port to help celebrate the restoration, preser- threats that terrorism poses to mass transit tinue our efforts to protect the rights of every vation and renewal of the Charles W. Morgan. systems. Everywhere, it seems, except for the American Voter. This can be achieved through A program of restoration and preservation on United States. the reauthorization and restoration of the ex- the Morgan began in 1968 and continues to Everyday 11.3 million Americans use pas- piring provisions of this vital law. the present day. The Charles W. Morgan’s senger rail and mass transit. Our Nation de- Chief among the expiring provisions is Sec- past restoration at the Henry B. duPont Pres- pends on these networks to get us to work, to tion 5, which requires that any change to vot- ervation Shipyard at Mystic Seaport helped school, to the doctor, to back home. The net- ing rules in covered jurisdictions be submitted define the standards of maritime preservation works are open and far reaching and, like to either the United States Department of Jus- and historic vessel documentation as practiced other mass transit systems around the world, tice or the United States District Court for the today, worldwide. This preservation work has exceedingly vulnerable to terrorist attack. District of Columbia for ‘‘preclearance’’ before been recognized with numerous accolades, in- Despite these facts, and the evidence of re- it can take effect. Through Section 5, the Vot- cluding the Advisory Council on Historic Pres- cent history, the Department of Homeland Se- ing Rights Act has prevented thousands of ervation’s National Historic Preservation curity’s transportation initiatives have been al- discriminatory voting changes from under- Award in 1992 and the World Ship Trust Mil- most solely focused on aviation, ignoring all mining minority voters’ access to the ballot. lennial International Maritime Heritage Award other modes of transportation. H.R. 9 will also extend Section 203, the lan- in 2000. The Morgan was also included on the The President’s budget request for fiscal guage minority protection of the Act. This pro- Connecticut Freedom Trail in 1997. year 2007 only allocated $37.2 million in the vision requires jurisdictions that fall under the Substantial restoration work is underway to Transportation Security Administration (TSA) purview of the law to make all election infor- ensure the Morgan’s survival as an authentic budget for non-aviation transportation secu- mation that is available in English available in 19th-century wooden vessel. The next phase rity—less than 1 percent of the TSA budget. the local minority language. Thus, all citizens of the Morgan’s restoration will focus on an In addition, between fiscal years 2003 will have a fundamental right and opportunity eight-foot band around the vessel’s waterline. through 2006, the Department of Homeland to register, learn the details of the elections 1 Security has only distributed about $387 mil- Mystic Seaport estimates that this 2 ⁄2 year and cast a free vote. During hearings, House project will address the Charles W. Morgan’s lion for rail and mass transit security grants. Members received substantial evidence from major structural needs for the next 20 years. These resources are not nearly enough to address the security vulnerabilities in the rail advocacy groups and the Department of Jus- As my colleagues from Mississippi and gulf and mass transit networks. tice that language minorities remain the vic- coast region may be aware, Mystic Seaport’s tims of discrimination in voting. I, along with my Democratic colleagues, Preservation Shipyard and the Charles W. have been urging the Republican majority and There is no more fundamental right than the Morgan have made national headlines recently right to vote. For nearly a century many Amer- the administration to focus on the threats to due to the Museum’s efforts to salvage live rail and mass transit for years, but no real icans were denied this fundamental right of oak from the devastated Gulf Coast region. citizenship. We must continue our efforts to progress has been made. Residents of four coastal Mississippi cities can This is very similar to the years that we protect the rights of every American voter with take some comfort from knowing that cen- the reauthorization and restoration of the ex- spent urging action on Port Security, but noth- turies-old trees uprooted during the storm will ing was done until the Dubai Ports business piring provisions of the Act. H.R. 9 will renew be used to restore the Morgan’s frame, back- and strengthen the Voting Rights Act for an- deal came to light. bone, and stem and stem posts. By helping to Unfortunately on the rail and mass transit other twenty-five years. keep the Morgan ‘‘alive’’ for future genera- A vote for this important legislation will send front we have had plenty of warnings about tions, these extraordinary trees will continue to a resounding positive message to the next security vulnerabilities. touch the minds and hearts of Museum visi- generation and generations of Americans to We have seen the tragic and horrifying at- tors, perhaps for centuries to come. come. I urge its passage. tacks on rail and mass transit systems in Ma- As many of you may know, Mystic Sea- f drid, London, and now Mumbai, and yet the port—the Museum of America and the Sea is administration and the Republican leadership THE RESTORATION, PRESERVA- a leading national center for maritime research still have not taken any steps to secure our TION AND RENEWAL OF THE and education, with over 18,500 members and Nation’s rail and mass transit systems. ‘‘CHARLES W. MORGAN’’ 1,500 volunteers. On average 300,000 people What are we waiting for? A suicide bomber visit Mystic Seaport each year, and over 1.4 on the subway system in New York? A dirty HON. ROB SIMMONS million more access the Museum’s resources bomb on the DC Metro? Shouldn’t we make electronically via the Web site, OF CONNECTICUT rail and mass transit security a priority before www.mysticseaport.org. The Museum is the IN THE HOUSE OF REPRESENTATIVES we get attacked? nation’s fourth largest history museum and is Next week the Committee on Homeland Se- Wednesday, July 12, 2006 considered to be one of the finest maritime curity will consider an authorization bill for the Mr. SIMMONS. Mr. Speaker, I rise to today museums in the world. Seventeen waterfront Department of Homeland Security, and I urge to talk about the Charles W. Morgan—built in acres are devoted to floating exhibits, exhi- my Republican colleagues to support the 1841 and designated a National Historic Land- bition galleries, demonstrations, and edu- strong rail and mass transit security provisions mark in 1966—she is the only surviving wood- cational programming. The Museum’s facilities and adequate funding levels that Homeland en, square-rigged commercial vessel still re- include a 19th century New England coastal Security Democrats will be offering to the bill. maining from the Nation’s great age of sail. village, a new 41,000 square-foot Collections We need to require the Department of The Morgan is a treasured symbol of America Research Center, a 70,000-volume research Homeland Security to develop a thorough na- and Connecticut, and the cornerstone of Mys- library, a planetarium, four national historic tional rail and public transportation plan to tic Seaport’s collection. The Morgan is an icon landmark vessels, and a working preservation clarify the Federal, State, and local roles and of an industry that fueled the early American shipyard. responsibilities in security these systems. economy. The Charles W. Morgan is being restored An emphasis must be placed on strength- After her whaling days ended in 1921, the ‘‘famously’’ at Mystic Seaport’s preservation ening intelligence sharing, public outreach and Morgan was preserved and exhibited in South shipyard, and I am honored to help Mystic education initiatives, and how to resume oper- Dartmouth, Massachusetts, until 1941 when Seaport celebrate the restoration and preser- ations after an attack. she came to Mystic Seaport. Today, the vation of Charles W. Morgan, now in its 3rd We also must require the development of Charles W. Morgan dominates the Museum’s century under sail. area rail and public transportation plans to

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.036 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1388 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 strengthen security planning in regions with risk of aligning ethnic politics for years to Bush, Republican National Committee more than one rail or public transportation en- come against them. President Bush has al- Chairman Ken Mehlman and others who tity, and to ensure the coordination of their se- ways urged his party to engage Hispanic vot- ‘‘know that immigrant-bashing is disastrous curity measures. ers to keep Democrats in the minority. He is to the future of their party—and they’re In addition, rail and public transportation advocating for inclusionary politics. But his ef- right.’’ systems need to train their employees on how forts are being severely undermined by the Peter Zamora, legislative attorney for the to prevent, prepare for and respond to a ter- hard-line politics of an overwhelming number Mexican American Legal Defense and Edu- rorist attack, and conduct exercises to test the of conservative Republicans. cational Fund, said he believes that House preparedness of the transportation systems. I emphasize again the importance of the leaders will manage to salvage the Voting Rights Act renewal. However, he said, ‘‘it These initiatives are critical and need to be language issues in H.R. 9 which must be resolved in favor of greater inclusion and assist- will be a political challenge to explain ta- enacted, but we must provide adequate re- bling the Voting Rights Act to the Latino ance for language minorities in the extension sources for these programs to avoid forcing community if action isn’t taken very soon.’’ yet another unfunded Federal mandate on of the Voting Rights Act. Both parties are energetically courting the State and local governments. Mr. Speaker, I request that the article titled ‘‘House May Chill Bush’s Wooing of Latino nation’s burgeoning Hispanic population, I urge my colleagues to consider these im- which will become increasingly important as portant proposals to improve rail and mass Voters,’’ by Charles Babington, published on June 30, 2006 in the Washington Post, be en- more second- and third-generation Latinos transit authority. get involved in politics, and as more immi- tered into the CONGRESSIONAL RECORD. We must not wait any longer to enact real grants attain citizenship and the right to rail and mass transit security measures. The HOUSE MAY CHILL BUSH’S WOOING OF LATINO vote. safety and security of Americans depend on it. VOTERS (By Charles Babington) Most Latino voters lean Democratic, but f By pushing English-only policies and tough Republicans have long felt they can chip away at that advantage. Bush—who has ad- PERSONAL EXPLANATION measures against illegal immigrants, House conservatives are endangering President vocated social services and pathways to legal Bush’s goal of drawing millions of Latino status for illegal immigrants since he was HON. MARK GREEN voters to the Republican Party and helping governor of Texas—took 40 percent of the OF WISCONSIN realign ethnic politics for years to come, ac- Hispanic vote in 2004 after winning 34 per- IN THE HOUSE OF REPRESENTATIVES cording to an array of analysts and officials. cent in 2000, according to exit polls. In The latest blow to Bush’s efforts to woo league with Mehlman, political adviser Karl Wednesday, July 12, 2006 Hispanics came last week, when a band of Rove and others, Bush has urged his party to Mr. GREEN of Wisconsin. Mr. Speaker, I House Republicans unexpectedly balked at pursue Latino voters in numbers that could was absent from Washington on Tuesday, renewing the 1965 Voting Rights Act, partly help keep Democrats in the minority for dec- because of a 30-year-old requirement that ades. July 11, 2006. As a result, I was not recorded many local governments provide bilingual for rollcall votes Nos. 360, 361, 362 and 363. ballots. The revolt, which forced House GOP But some GOP activists say the drive is Had I been present, I would have voted ‘‘aye’’ leaders to abruptly postpone a vote, came as being undermined by the Republican-con- on rollcall Nos. 360, 361, 362 and 363. House Republicans are stiffening their resist- trolled House’s tough stance on immigration and the flap over voting rights. f ance to Bush’s bid to allow pathways to legal status for millions of illegal immigrants Many Southern House Republicans have VOTING RIGHTS AND THE while also strengthening borders and depor- long objected to the Voting Rights Act’s re- POLITICS OF EXCLUSION tation efforts. quirement that their states obtain Justice ‘‘It’s sort of a double whammy,’’ said Sen. Department approval for an array of voting Mel Martinez (R-Fla.), a Cuban native who is activities. Last week, in a closed GOP caucus among the GOP’s most visible Hispanic lead- HON. CHARLES B. RANGEL meeting, they were joined by colleagues ers. Under Bush’s leadership, he said in an OF NEW YORK from throughout the country who object to a IN THE HOUSE OF REPRESENTATIVES interview, ‘‘our party has shown a very welcoming approach to the emerging Hispanic measure added in 1975 that requires ballots Wednesday, July 12, 2006 vote.’’ However, he said, ‘‘there obviously or interpreters to be available in a number of foreign languages in places where census re- Mr. RANGEL. Mr. Speaker, I rise again to are those who feel that’s not important. . . . I think there could be great political risks to ports found a need for language help. address the importance of the renewal of the becoming the party of exclusion and not a ‘‘Multilingual ballots divide our country, language assistance provisions of the Voting party of inclusion.’’ increase the risk of voter error and fraud, Rights Act of 1965. While the stalemate over immigration leg- and burden local taxpayers,’’ said a letter Our Nation’s growing Hispanic population is islation will be difficult to break, House signed by nearly 80 House Republicans and gradually becoming important in the political leaders predict they eventually will quell the authored by Rep. Steve King (R-Iowa). arena with the increased involvement of sec- conservative rebellion over the Voting The 2000 Census found that nearly 41 per- ond and third generation Latinos. The number Rights Act and reauthorize the law for 25 years. cent of all Hispanic persons 5 years and older of naturalized citizens has also increased over But the depth of House GOP support for spoke English less than ‘‘very well,’’ and the years. All these Americans, whether na- English-only policies was demonstrated those eligible to vote needed language assist- tive-born or naturalized have an equal right to Wednesday night, when an overwhelming ance. vote. English-only policies are subtle mecha- majority of Republicans voted to end funding John Bueno, a Republican from Michigan, for the bilingual ballots provision. The ef- nisms that deny American citizens their con- is president of the National Association of fort, led by Rep. Cliff Stearns (R-Fla.), failed stitutional right to vote. America is supposed Latino Elected and Appointed Officials, only because 192 Democrats joined 61 Repub- to be a country of freedom, of democracy. which was meeting in Dallas last week when licans to vote against it. Naturalized non-English speaking citizens The actions have embarrassed the White news of the voting rights flap broke. ‘‘My must endure long waiting periods to enroll in House and inflamed many Latinos. first reaction was, ’My God, here we are, it’s English as a Second Language (ESL) literacy ‘‘It’s offensive and insulting,’’ said Cecilia 2006, and we’re still dealing with this issue,’ centers, whose numbers are scarce due to Mun˜ oz, vice president for policy for the Na- ‘‘ Bueno said. ‘‘Mainstream Republicans are lack of funding. In New York State, the wait tional Council of La Raza, the nation’s larg- frustrated right now with what’s going on in lists were so long, the State decided to estab- est Latino civil rights and advocacy group. Congress.’’ lish a lottery system instead. How can we ask She said the national Republican Party is Latino Democrats, meanwhile, can hardly running ‘‘a real risk’’ of replicating the blun- for English-only policies when we do not have believe how Bush’s overtures are being der that began unraveling the California thwarted by his own party. By stressing the requisite infrastructure in place to teach GOP in 1994. English to our citizens, let alone enable them That’s when then-Gov. Pete Wilson (R) English-only policies and stumbling on the to comprehend the complex ballots? Why backed a ballot initiative barring illegal im- immigration and Voting Rights Act issues, congressional Republicans ‘‘either made the shouldn’t we make voting easier for our citi- migrants from attending public schools or receiving social services. The ensuing uproar best case for switching the Congress from zens? Why should we obstruct their ability to Republican to Democratic control, or they exercise their right to vote? drove hundreds of thousands of Latino voters into Democrats’ arms. The state has backed made the best case for their own incom- My colleagues on the other side of the aisle Democratic presidential and senatorial petence,’’ said Pedro Colon, a Wisconsin leg- are forgetting that English is not an easy lan- nominees ever since. islator who attended the Dallas convention. guage to learn. The Republican Party is alien- ‘‘That is exactly the danger that is facing ‘‘As a Democrat, I’m really optimistic about ating a large voting population and running the Republicans today,’’ Munoz said. She praised our opportunities.’’

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JY8.042 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1389 REGARDING THE RECENT AT- We welcome participants to Florida’s Seventh DEPUTY MAYOR WALCOTT EMBRACES TACKS IN LEBANON BY THE Congressional District and wish them well as CARIBBEAN WEEK TERRORIST GROUP HEZBOLLAH they gather in America’s oldest city. NEW YORK.—According to Dennis Walcott, It is my privilege to honor the valor and sac- New York City’s Deputy Mayor for Edu- rifice of those Pearl Harbor veterans from the cation and Community Development, the re- HON. ALCEE L. HASTINGS cent Caribbean Week in New York, staged by OF FLORIDA State of Florida who recently passed away: the Caribbean Tourism Organization (CTO), IN THE HOUSE OF REPRESENTATIVES Allfrey, Lesley F.; Altner, Louis I.; Belisle, is deeply important to the City of New York Frank E.; Benning, Bernard F.; Bernhard, Ste- and people and nations of the Caribbean. Wednesday, July 12, 2006 phen W.; Brown, Melvin W.; Capra, Everest Walcott underscored the importance of the Mr. HASTINGS of Florida. Mr. Speaker, I W.; Cardonell, Robert R.; Childers, James F.; Diaspora to the City, and said Caribbean rise today to condemn yesterday’s brutal at- Chilton, Harry C.; Chrastina, William; Cohen, Week is a reinforcement of his personal roots tack by a terrorist group on Israel, which took Leon; Cook, Harold F. (Sarge); DeStwolinska, as well as a reminder of the importance of Adelbert; Forbis, Colbert F.; Freeman, Albert the Caribbean here. Walcott, who traces his the lives of eight Israeli Defense Forces sol- roots to the islands of Barbados and St. diers and captured two others, on the Israel- H.; Grabowski, Edward S.; Haas, Frank; Croix, said Caribbean-Americans are key Lebanon border. Hallsman, Eldred E.; Hartley, Charles W.; players in the running of New York City. The actions of the terrorist organization, Henner, Joseph E.; Henry, Robert; Hiedeman, Caribbean Week presents an opportunity Hezbollah, against Israel are unconscionable. Henry R.; Hull, Burton W.; Kearns, Joseph F.; for people to understand the diversity of the Instead of working towards peace, Hezbollah Kennedy, Earl; Krakowski, Joseph H.; Caribbean, and according to Walcott appre- has chosen to perpetuate the violence. Ter- Lightkep, George R.; Loun, Jasper J., Jr.; Mar- ciate the various countries that are part of rorist attacks such as these are cowardly ac- tin, Curtis C.; McClintock, Robert, Jr.; Miller, the Diaspora of the Caribbean. The Deputy Mayor envisions a win-win tourism relation- tions that resolve nothing. From the South, Howard C.; Payne, Donald; Restiva, Anthony ship between the City of New York and CTO Israel has been attacked by the terrorist orga- Bilano; Rhodes, Clarence G.; Savage, Norman member nations. nization Hamas with Kassam rockets and had F.; Schnurman, John D.; Smart, Raymond; A celebrity cricket match, a Caribbean one of her soldiers kidnapped. Hezbollah’s Smith, Billie J.; Spradley, Lester L.; Stephen- Gospelfest, Town Hall meetings featuring current terrorist assault from the North does son, Joseph, Jr.; Ulrich, Jack; Whetstone, Ministers of Tourism from the region, a Car- not further any legitimate peace process. The Amos C.; Williams, Wallace R.; Wilson, ibbean Fair at the South Street Seaport, the timing of these aggressions only serves to en- George; Wright, Ralph; Young, Edward F., Jr.; popular Media Marketplace and cooking demonstrations with some of the region’s top hance the existing tensions in the region. and Zelenock, John P. chefs, were some of the exciting events that Israel has complied with the U.N. charter I know I join all those in attendance at the took the City by storm during Caribbean and has completely withdrawn from Lebanon convention and countless Americans who con- Week in New York. since May 2000. Now it is time for the Leba- tinue to recognize their heroism and their fami- Addressing a town hall meeting at Medgar nese government to abide by the U.N.’s rules. lies incredible sacrifice to our Nation. Evers College in the borough of Brooklyn, In refusing to disarm Hezbollah as required by f Ministers of Tourism from Grenada, Guyana U.N. Resolution 1559, the Lebanese govern- and Trinidad and Tobago told the audience ment is choosing to openly ignore the decree DEPUTY MAYOR WALCOTT CELE- about the importance of tourism to their respective economies, and updated nationals of the international body. BRATES CARIBBEAN HERITAGE WEEK on crime fighting strategies in their terri- I call upon Lebanese Prime Minister Fouad tories. Siniora to accept responsibility and take imme- Minister Brenda Hood unveiled plans to diate action against the terrorist group which HON. CHARLES B. RANGEL work with the VFR (Visiting Friends and Lebanon harbors. OF NEW YORK Relatives) market, and pledged her commit- Let us not be misled into believing these at- IN THE HOUSE OF REPRESENTATIVES ment to review proposals from the Diaspora media and communications community to tacks arise from a single source. The terrorist Wednesday, July 12, 2006 organizations, Hezbollah and Hamas, are un- promote Grenada, Carriacou and Petite Mar- tinique in the marketplace. questionably sponsored and guided by the Ira- Mr. RANGEL. Mr. Speaker, I rise today to nian and Syrian governments. The United commend Dennis Walcott, New York City’s f States Congress must not allow the Iranian Deputy Mayor for Education and Community CONGRATULATING DECLARA government to use bloodshed as a deflecting Development for enthusiastically joining the NIXON BAILEY ON HER 100TH tactic against U.S. attention from their unre- Caribbean Tourism Organization (CTO) and BIRTHDAY stricted nuclear program. The Syrian and Ira- envoys from Grenada, Guyana, and Trinidad nian governments should be condemned and Tobago in celebrating the Caribbean HON. EDDIE BERNICE JOHNSON along with the terrorist groups they harbor. Week. I was a co-sponsor of the recent bill (H. OF TEXAS In response to these brutal attacks by terror- IN THE HOUSE OF REPRESENTATIVES ists, Israel must have the right to defend her- Con. Res. 51) that declared the month of June self. Like the United States and other sov- as the Caribbean Heritage Month in order to Wednesday, July 12, 2006 ereign nations, Israel is justified in reestab- recognize and applaud the contributions of the Ms. EDDIE BERNICE JOHNSON of Texas. lishing its deterrent posture. Caribbean-American communities to the Mr. Speaker, I rise today to commend DeClara I express my condolences to the families of United States. I have participated in Nixon Bailey on her one-hundredth birthday. the attacked soldiers, and offer a prayer for celebratory activities in the said communities, Born on August 13, 1906 in Midway, Texas, the safe return of the two kidnapped soldiers including those in my district, such as pa- Mrs. Bailey has contributed an entire lifetime from the Lebanon border and the soldier kid- rades, carnivals and festivals to commemorate to serving her fellow Texans. napped in Gaza. I pray for the ultimate end of this month and present an opportunity to ex- While in Midway, Texas, Mrs. Bailey was an the cycle of violence in the Middle East. plore the diversity within the Islands. elementary school teacher. By balancing a life f Mr. Walcott has joined me in this celebra- of career and family, she stood as an exem- tion. A celebrity cricket match, a Caribbean plary female representative and role model, in HONORING THE VETERANS OF Gospelfest, Town Hall meetings featuring Min- an otherwise male dominated society. Her PEARL HARBOR isters of tourism from the region, a Caribbean passion to serve the community and her con- Fair at South Street Seaport, and cooking stant strive towards meritocracy is an example HON. JOHN L. MICA demonstrations by some of the region’s top for us all. OF FLORIDA chefs has taken the city by storm. Mr. Walcott, In 1954, Mrs. Bailey moved to the greater IN THE HOUSE OF REPRESENTATIVES who traces his origin to the islands of Bar- Dallas area where she volunteered her time to bados and St. Croix, envisions a win-win tour- mentally challenged students at the John Wednesday, July 12, 2006 ism relationship between the Islands and New Neely Bryan Elementary School. Mr. MICA. Mr. Speaker, on July 14–16, the York City, as well as the Nation. In the 1960’s, Mrs. Bailey’s devotion to as- Pearl Harbor Survivors Association and the Mr. Speaker I wish to enter into the sisting the disadvantaged allowed her to be- Sons and Daughters of Pearl Harbor Survivors RECORD, the article from the June 27,2006 come Volunteer Captain for the American will commence the Sixth District Convention in edition of The New York Carib News, titled Heart Association in Dallas. Her amazing am- St. Augustine, Florida to remember those who Deputy Mayor Walcott Embraces Caribbean bition drove her to also volunteer her time at served at Pearl Harbor on December 7, 1941. Week. the Dallas Family Hospital.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.047 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1390 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 Mr. Speaker, I am delighted to congratulate Created in 1944 by 52 nations, its member the role of the much maligned United Nations. Mrs. DeClara Nixon Bailey on this auspicious States now total 189, all rallying behind one As Richard Holbrooke, a former U.S. Ambas- occasion for a lifetime of magnificent accom- mission—ensuring the highest possible degree sador to the U.N. wrote in a column which ap- plishments. of safety and efficiency. peared in the Washington Post on June 28, f For the last three decades, one man has 2006 that the United Nations still serves U.S. lead ICAO to unprecedented breakthroughs in foreign policy interests. It is imperative that the EXPRESSING THE CONDOLENCES aviation safety, Dr. Assad Kotaite. After 53 U.S. supports and asserts leadership on the OF THE HOUSE OF REPRESENTA- years of service to aviation, he is retiring from issues before the U.N. TIVES TO THE VICTIMS, THEIR ICAO. On June 15, 2006, two days after he re- FAMILIES AND FRIENDS, AND Dr. Kotaite and his wife, Monique, are in turned from Iraq, President Bush sent two per- THE PEOPLE OF INDIA FOR THE Washington, DC, this week. He is being hon- sonal emissaries (Philip Zelikow, the counselor LOSS SUFFERED DURING THE ored by the community that has benefited from of the State Department, and the Deputy TERRORIST ATTACKS IN his expertise—the Departments of State and Treasury Secretary Robert Kimmitt) to meet MUMBAI, INDIA, ON JULY 11, 2006 Transportation, the Federal Aviation Adminis- with U.N. Secretary General Kofi Annan and tration, the Transportation Security Administra- his deputy Mark Malloch Brown to discuss the HON. ALCEE L. HASTINGS tion, as well as the aviation industry. coming introduction of the Iraq Compact, Dr. Kotaite has earned immeasurable re- which requires the Iraqi government to imple- OF FLORIDA spect during his years at ICAO—first as Leb- IN THE HOUSE OF REPRESENTATIVES ment a series of economic and political re- anon’s representative on the Legal Committee, forms in exchange for increased international Wednesday, July 12, 2006 then as Secretary General, and for the last 30 aid. This meeting received surprisingly little Mr. HASTINGS of Florida. Mr. Speaker, I years, President of the ICAO Council. public attention. Perhaps there is something in During this time, he has successfully dealt rise today to condemn the barbaric acts of ter- Mr. Brown’s allegation that U.N. achievements with a variety of challenges, both political and rorism that occurred yesterday in Mumbai, are downplayed in America. technical. India and to introduce a resolution regarding President Bush requested Mr. Annan’s as- Time after time, he brought people together sistance in organizing international meetings this tragedy. and negotiated a consensus on the most dif- that would lead to this agreement. On the Innocent civilians were traveling on com- ficult questions debated in the ICAO Council. same day, Iraqi Prime Minister Nouri al-Maliki muter trains during rush hour and seven dead- His work can be found on some of ICAO’s ly blasts took their lives. More than 200 were most pressing issues, including a multilateral called Mr. Annan to make an identical request, killed and 700 were injured. These appalling agreement that yielded the North Pacific route a further confirmation that the U.S. needs the blasts created horror, chaos and mayhem in system, the agreement on FIR boundaries in United Nations. The U.N. has been treated carelessly by the Mumbai, a city of 16 million people. the Black Sea area, resolution of problems as- current administration. The U.N. is facing a I’ve traveled to India four times and each sociated with the Dakar oceanic FIR and a major budgetary crisis due to (mainly) U.S.’s time has been an awakening experience. compromise on transit problems between insistence on a six-month budget cycle, as op- When traveling in India, I realized the vivacity Cuba and the United States. of the culture and the people. Dr. Kotaite was once asked what it was like posed to a two-year one. Congress is dead- I would like to take this time to reach out to to bring the divide between groups that didn’t locked on the issue of allocating funds to re- my Indian-American constituents in the 23rd see eye to eye. He said: build the U.N. headquarters complex in New District of Florida. I am deeply concerned for Indeed, over the years, I have learned that York. The U.N. signature building, the 38-story your loved ones back in your native land. I am the real secret in any negotiation is to first East River office tower, is widely acknowl- praying for you and your family and hope the identify an area of common ground, no mat- edged to be the major building in New York recovery is quick and steady. ter how small, and then to build upon it. It most vulnerable to a terrorist attack. Yet the The country of India was founded on the may not be the ideal solution, but at least it Department of Homeland Security has just cut is workable and acceptable to all. Moreover, principle of nonviolence and it continues in the New York’s anti-terror fund nearly by half in international affairs, I firmly believe that claiming that the security infrastructure in New international fight against terrorism. I believe one should avoid confrontation at all costs. anyone who would want to inflict pain and ter- It is essential that one listens to all parties York is firmly in place. If that is so, then why ror onto the people of India should be de- and takes into consideration their point of does the Secret Service close down FDR nounced and prosecuted. view. Drive that runs beneath the U.N. building Upon finding out about the blasts in Mumbai Perhaps his greatest legacy will be safety. every time there is a Presidential visit? yesterday, I immediately felt sorrow. I was re- Dr. Kotaite presided over the birth of the ICAO Mr. Speaker, I hope that our asking for help minded of how our nation felt after 9/11 and safety oversight program. Not content there, in resolving the Iraq question is the first of how India was amongst the first nations to ex- he then supported and encouraged the expan- many issues on which we will work with the press its condolences to the U.S. following the sion of the Universal Safety Oversight Audit United Nations instead of undermining its posi- attacks. On behalf of the United States House Programme to include all safety related annex tion. Mr. Brown has already agreed to travel to of Representatives, I wish to express my con- provisions. And finally, at a recent meeting of Baghdad for preliminary meetings that will cul- dolences to the Government of India and her the Directors General of Civil Aviation held in minate in a high-level multilateral conference people. We stand with you today, we stood March of 2006, he worked behind the scenes in the region later this year. with you yesterday, and we will stand with you to gain acceptance of the public availability of Our lesson is clear. We need the United Na- throughout the fight against terrorism. the findings of the safety audit—all within a tions. Instead of weakening the U.N., we I urge my colleagues to quickly pass this ten year period—equivalent to the speed of should strengthen it. A strong active United resolution. light in international relations. Nations would be invaluable in representing The traveling public owes a great debt of U.S. foreign policy interests aboard as well as f gratitude to this international civil servant for resolving conflicts and leading negotiations in HONORING THE SERVICE OF DR. his dedication to aviation. I am pleased to rec- regions like Iran, Darfur, Afghanistan, Kosovo, ASSAD KOTAITE ognize Dr. Kotaite for his accomplishments etc. and contribution to aviation and I congratulate Ladies and Gentlemen of the Congress, I HON. JOHN L. MICA him on his distinguished career. rise to enter into the RECORD, the opinion-editorial titled Turning to the U.N., Again, by OF FLORIDA f Richard Holbrooke, published on June 28, IN THE HOUSE OF REPRESENTATIVES THE UNITED NATION’S INVALU- 2006 in the Washington Post. Wednesday, July 12, 2006 ABLE ROLE IN A POSSIBLE RES- TURNING TO THE U.N., AGAIN OLUTION TO IRAQ Mr. MICA. Mr. Speaker, this August, The (By Richard Holbrooke) International Civil Aviation Organization will bid In a little-noticed announcement in Presi- farewell to Dr. Assad Kotaite, who has served HON. CHARLES B. RANGEL dent Bush’s news conference on June 14, the OF NEW YORK day he returned from Iraq, he said that he as its Council President for past 30 years. IN THE HOUSE OF REPRESENTATIVES would send two personal emissaries to New The International Civil Aviation Organization, Wednesday, July 12, 2006 York to consult with U.N. Secretary General ICAO, is the United Nations agency respon- Kofi Annan on the political and economic fu- sible for setting the international standards of Mr. RANGEL. Mr. Speaker, I rise today to ture of Iraq. The next day, still with remark- safety, efficiency and security for civil aviation. remind my colleagues about the importance of ably little public attention, Philip Zelikow,

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JY8.051 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1391 the counselor of the State Department, and this would be the right way to end a turbu- America’s critics do little more than attack Deputy Treasury Secretary Robert Kimmitt lent decade in that office—with a genuine the current system. While such criticism is im- met with Annan and his deputy, Mark contribution to the cause of peace in Iraq. portant, it is not always constructive. We need Malloch Brown, at the secretary general’s It is, however, impossible not to note the Sutton Place residence. There was no one irony and the implications of what has hap- to think of new ways to handle the detention else present. pened in the past two weeks between Wash- and adjudication of enemy combatants. The two presidential envoys asked Annan ington and the United Nations. Once again, In the book In Time of War, which details to use his unique ‘‘convening powers’’ to help an administration that has underfunded, President Roosevelt’s treatment of eight Nazi organize international meetings that would undersupported and undermined the United saboteurs in 1942, Pierce O’Donnell argues lead (by this fall, the Americans hope) to the Nations has turned to it, almost in despera- that our enemies ‘‘would forcibly impose their unveiling of a new ‘‘Iraq Compact’’—an tion, for help. nihilistic, totalitarian ideology on society agreement between the Iraqi government The lesson should be clear: Despite the and major international donors that would through violence and intimidation. That is pre- enormously self-destructive actions of many cisely why this just struggle—characterized as commit Baghdad to a series of political and other member states, especially the group of economic reforms in return for substantially developing nations called the G–77, the a war on terror—should not be tainted by more international aid. (Iraqi Prime Min- United Nations still serves U.S. foreign pol- compromising our historic respect for justice, ister Nouri al-Maliki called Annan the same icy interests in many important ways. Not constitutional liberties and international law.’’ day to make an identical request.) only Iraq but also Iran, Darfur, Afghanistan As we take steps to defend America from a This is a good idea—and quite similar to and the difficult negotiations just started terrorist threat, we cannot lose sight of the val- suggestions from many administration crit- over Kosovo’s final status—all issues of vital ues we are defending. For this reason, I urge ics. With the battle for Baghdad raging, it importance to the United States—have now remains to be seen whether an Iraq Compact my colleagues to take a few minutes and read ended up in the United Nations. To weaken Glenn Sulmasy’s column, which outlines a will work—or even get off the ground—but it this institution further, as has happened in is certainly an important step in the right recent years, serves no clear American na- new kind of law for a new kind of war. direction for Iraq and for American policy. tional security interest. To strengthen it [From the New London Day, July 9, 2006] For Annan and the United Nations, Bush’s would make it more valuable to the United GUANTANAMO BAY: NEW KIND OF LAW FOR request poses an ironic and difficult chal- States and to every nation that seeks con- NEW KIND OF WAR lenge. On the one hand, the administration is flict resolution, stability and economic asking for help on the worst problem it (By Glenn Sulmasy) progress. With the maneuvering over the se- Last week, in Rumsfeld vs. Hamdan, the faces, acknowledging, however belatedly and lection of Annan’s successor underway, it is reluctantly, that once again, the United Na- Supreme Court decided that the military time for Washington—and this must include commissions for the jihadist detainees in tions is not only relevant but at times indis- Congress—to put behind it a sorry period of pensable to the United States. On the other Guantanamo Bay are not lawfully con- confusion and offer the United Nations more structed. I disagree. However the realities of hand, the resentment among the majority of support, both financial and political, in re- U.N. member states over the way the institu- maintaining international support and en- turn for the things it needs in Iraq and else- suring domestic consensus on fighting the tion has been treated recently, especially by where. Washington’s current U.N. ambassador, global war demands we look for alternatives makes any effort to get the United Nations f for detaining and trying jihadists. Regard- to help the United States far more difficult. less of how the Court decided in Hamdan, the How to treat the United Nations has been PERSONAL EXPLANATION commissions have failed. a particular dilemma for President Bush, The Court has forced the opponents of since opponents of the organization form an HON. CATHY McMORRIS military commissions to offer legitimate solutions. The best solution available is the important part of the administration’s core OF WASHINGTON constituency. Internal disagreements over creation of a National Security Court sys- the past five years about whether to support IN THE HOUSE OF REPRESENTATIVES tem. it or abandon it, to use it or bypass it, have Wednesday, July 12, 2006 The global war on terror has created ambi- both weakened the organization and led to guities in both the laws of armed conflict reduced U.S. influence even as more and Miss MCMORRIS. Mr. Speaker, due to cir- and how best to fight this new war. The more intractable issues are thrown into its cumstances beyond my control, I was unable asymmetric threat of international terror, hands. to make votes Monday because of unexpected the lack of a clear national enemy, the prob- The United Nations is facing major budg- plane difficulties en route to Washington, DC. lems with the military commissions in etary problems caused primarily by Amer- Had I been present, I would have voted ‘‘yea’’ Guantanamo Bay, allegations of torture and ican insistence on a six-month budget cycle on both H.R. 5061 as well as H.R. 2563. the recent constitutional issues surrounding instead of the normal two-year cycle. It wiretap efforts of the National Security must deal with growing shortfalls in the U.S. f Agency all highlight the lack of an appro- contribution to peacekeeping funding, de- A NEW KIND OF LAW IN A NEW priate body of law to govern this new con- spite Washington’s calls for more peace- KIND OF WAR flict. Nowhere is this ambiguity more evi- keepers in Darfur and elsewhere. And it is dent than in the United States’ handling of confronted by a deadlock over rebuilding the detainees. headquarters complex in New York—a dead- HON. ROB SIMMONS The ‘‘enemies’’ in this war are men and lock whose main cause is the administra- OF CONNECTICUT women who fight not for a nation but for ide- tion’s failure to push Congress for proper ology, do not wear standard military uni- IN THE HOUSE OF REPRESENTATIVES funding. (This is particularly difficult to un- forms and, as doctrine, flout the laws of war. derstand, since the U.N. signature building, Wednesday, July 12, 2006 These new ‘‘warriors’’ have created extreme its 38-story East River office tower—built in Mr. SIMMONS. Mr. Speaker, I rise to submit difficulties since they are not conventional 1950 and never subject to modem safety prisoners of war (regardless what the recent codes—is widely acknowledged to be the for the RECORD a column that appeared in The ruling has asserted) and thus (with all due major building in New York most vulnerable New London Day on July 9. It was written by respect to Justice John Paul Stevens) the to a terrorist attack. For example, when the Glenn Sulmasy, an associate professor of law Geneva Conventions simply do not apply to president visits it, the Secret Service closes at the U.S. Coast Guard Academy and a them. Adjudicating their status and crimes down FDR Drive beneath it—but what about noted expert on national security law. The title has become increasingly chaotic. It initially the rest of the time?) of the op-ed piece is ‘‘A New Kind of Law in appeared that the military tribunals (cur- Still, even though Annan and the world a New Kind of War.’’ rently referred to as military commissions body have been diminished by Washington, America is not at war with a traditional by the Bush Administration) would provide he and his colleagues simply cannot refuse to the appropriate venue for handling the pros- help on the Iraq matter; it is their responsi- enemy, but a network of civilians who swear ecution of the detainees. But now, over four bility as international civil servants to go allegiance to radical Islam. Consequently, the years later, there has not been a completed where the problems are worst and then to do various laws that have historically governed prosecution. More than 500 detainees remain their best. And, on the basis of private talks international conflicts do not seem to fit well in Guantanamo Bay and supposedly another with Annan, Malloch Brown and administra- with our current situation. Nevertheless, we 450 are being held in Afghanistan. tion officials, I have no doubt that they in- have spent a lot of time discussing the present As this problem grows, the U.S. needs a tend to do just that. In fact, Malloch Brown and future conditions of the combatants in our new approach. Our own federal courts sys- has already agreed to travel to Baghdad very tem, the standard courts-martial system and soon for preliminary meetings that the custody. In his column, Glenn Sulmasy offers other traditional methods, won’t work. A United Nations and the United States hope a series of recommendations providing a healthy, bipartisan debate on ‘‘what’’ to do will culminate later this year in a high-level framework for this important debate. He next is critical. This is a new war, one that conference in the region. As Annan moves makes an especially compelling case for a Na- mixes law enforcement and warfare, and does into his last six months as secretary general, tional Security Court system. not fit neatly in either category.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JY8.056 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1392 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 A national security court apparatus needs by as a $90 bottle of Brunello di Montalcino, 2. Itzocan Bistro, 1575 Lexington Ave., at to be legislated. As Congress begins to de- caters to a variety of tastes. 101st Street; (212) 423–0255. bate (as ordered by the Supreme Court) how Native at 118th St. and Lenox Ave. offers Mexican with French flourishes—such as to handle jihadists’ violations of the laws of BLT salad to Moroccan fried chicken with col- seafood posole—has been making East Har- war, policymakers must achieve both the re- lem residents happy at this offshoot of an ality and appearance of justice. lard greens and walnut sauce. Right around East Village original. Clearly, many issues need to be hammered the corner is Ginger, known for its ‘‘organic’’ 3. Creole, 2167 Third Ave., at 118th Street; out regarding the composition of the court. Chinese food. Harlem Tea Room, on 118th (212) 876–8838, creolenyc.com. The court would be a hybrid of the mili- and Madison, is a perfect spot to enjoy poetry Creole and Cajun bites—alligator gumbo tary commissions and our own federal trial readings, music events and seminars while and crawfish etouffee from the kitchen—and system. sipping one of their 22 kinds of tea with the nightly jazz from a changing roll call of art- The jihadist would be afforded limited eclectic menu of sandwiches and cakes. Fur- ists. rights, including right to counsel and be de- 4. Harlem Tea Room, 1793A Madison Ave., tained and tried on military bases within the ther to the east, on 118th St. and 3rd Ave., is at 118th Street; (212) 348–3471, United States. The law would allow the Creole, where alligator gumbo and crawfish harlemtearoom.com. death penalty. The hearings would be closed etouffe is accompanied by nightly jazz from a Twenty-two kinds of tea including fruit with the exception of observers from Human changing roll call of artists. blends and organics at this comfy spot for Rights Organizations (for example, Amnesty The ‘‘New Harlem’’ with its assorted collec- nibbling cakes and sandwiches or taking in International, the International Red Cross tion of bars and eateries is fast becoming the poetry readings, music events and seminars. and the U.N. Human Rights Watch.) The U.S. destination for the sophisticated palate and 5. Ginger, 1400 Fifth Ave., at 116th St.; (212) Department of Justice would provide pros- fine dining, along with maintaining the popu- 423–1111, gingerexpress.com. ecutors and administer over the program. Healthy Chinese food? That’s the word at International concern over Guantanamo is larity of the neighborhood’s stalwart Patsy’s this sleek, colorful space located in a detracting from our ability to provide guid- pizza, Copland’s gospel brunch and Sen- ‘‘green’’ building. Organic and antibiotic-free ance, counsel and policy in this and other egalese thiebou diene (fish stew). ingredients light on the frying result in a arenas. A blue-ribbon commission, created My colleagues and I invite you to go on a baked egg roll (skip it) and sweet, fall-off- by the president with bipartisan support gastronomic adventure in Harlem. And I am the-bone BBQ beef ribs. from Congress, should immediately be sure that I need not remind you that our immi- 6. Native, 101 W. l18th St., at Lenox Ave- formed to address questions as to proper de- grant communities take the credit for enriching nue; (212) 665–2525, harlemnative.com. tention, adjudication, intelligence gathering, the American culture by adding a variety of Ample outdoor seating makes this bright- terrorist surveillance and other legal issues colored, 5-year-old eatery a fair-weather find associated with the threat of international spices to the ‘‘melting pot.’’ for eclectic fare from a BLT salad to Moroc- terror. MOVING ON UP: IN HARLEM, A RENAISSANCE IN can fried chicken with collard greens and The National Security Court, a natural FOOD walnut sauce. outgrowth of the military commissions, af- (By Cynthia Kilian) 7. Settepani, 196 Lenox Ave., at 120th fords an opportunity for U.S. policy makers JUNE 28, 2006.—No one can accuse 125th Street; (917) 492–4806. to respond forcefully and effectively to calls Street of subtlety. To walk across the Har- This 5-year-old offshoot of a Westchester for a way out of the Guantanamo issue. lem thoroughfare is to submit to a barrage of bakery chainlet has become an epicenter for The Hamdan decision has pushed us in this music-blaring shops, barking street vendors pastries, sandwiches, salads and pasta, espe- direction. The military commissions are no and crowds. But head south on Frederick cially when a jazz band riffs outside. longer a viable option. Douglass Boulevard, and a much different 8. Emperor’s Roe, 200 Lenox Ave., at 120th Rather than offering no solutions and climate quickly emerges. St.; (212) 866–3700, emperorsroe.com. merely attacking the existing structure, pol- There’s Harlem Vintage, a sleek wine shop Caviar and Harlem together as never be- icy makers need to emerge with fresh ways filled with a large, of-the-moment inter- fore at this mail-order shop which has just to look at the proper detention and adjudica- national selection of bottles. A few more added a shiny new tasting bar and dining tion of the jihadists. blocks down, patrons sip cocktails in the area for fish eggs, smoked salmon and bub- It is time to regain the initiative, and reaf- cool, woody comfort of Melba’s, while just bly. firm our leadership in the humane prosecu- across the street, latte lovers tap on their 9. Society Coffee & Juice, 2104 Frederick tion of those who would undermine the laptops in an airy coffee-cum-eatery that— Douglass Blvd., between 113th & 114th; (212) ideals of democracy. surprise—is not Starbucks. 222–3323, societycoffee.com. f Sure, we’d heard about Harlem’s luxury Airy, laptop-friendly lounge for java, wine, condo market and coveted brownstones, and and ‘‘passion and cream’’ smoothies to wash A GASTRONOMIC ADVENTURE IN even a new crop of trendy clothing shops. down waffles, fondue and thin-crust pizza. HARLEM But caviar bars and organic wines? 10. Melba’s, 300 W. 114th, at Frederick North of Central Park—and above 96th Douglass Blvd.; (212) 864–7777, HON. CHARLES B. RANGEL Street to the east—soul kitchens are being melbasrestaurant.com. sidled up to by everything from organic Chi- This welcoming, woody bistro gives com- OF NEW YORK nese food to moules frites that a waitress at fort food a tweak by filling spring rolls with IN THE HOUSE OF REPRESENTATIVES a restaurant named Food says even Belgians yellow rice, black-eyed peas and collards. Wednesday, July 12, 2006 seek out. 11. Harlem Vintage, 2235 Frederick Doug- Not that the neighborhood’s popular chick- lass Blvd., at 121st Street; (212) 866–9463, Mr. RANGEL. Mr. Speaker, I rise today to en and waffles and Senegalese thiebou diene harlemvintage.com. introduce an article titled Moving On Up: In (fish stew) are going anywhere. Neither are A $10 bottle of sauvignon blanc is just as Harlem, A Renaissance in Food by Cynthia stalwarts Patsy’s pizza and Copeland’s gospel easy to come by as a $90 Brunello di Kilian into the RECORD. The article, published brunch. They’re just getting some company. Montalcino from their ‘‘winemaker of color’’ in the June 28, 2006 edition of the New York The latest buzz on one-two-five is Pier 2110 selection at this chic shop. Post, celebrates the variety of restaurants and Seafood Restaurant, which just opened near- 12. Pier 2110 Seafood Restaurant, 2110 dining experiences available in Harlem. by last week. From the management of Man- Adam Clayton Powell Jr. Blvd., between 125th and 126th streets; (212) 280–4737, Harlem is one of the foci of diversity in New na’s of Harlem and Brooklyn, it sports a snazzy lounge, raw bar and ginseng drinks. pier2110.com. York City. One only has to walk down the As for ViVa—a k a Viaduct Valley—that’s This spanking-new seafood place with a streets of Harlem to see this celebration of di- real-estate speak for the West Harlem area raw bar and lounge just opened next to the versity. Nowhere else it is more evident than reportedly poised to spawn its own res- new in the dining scene of Harlem. taurant scene in the coming year near Dino- f Dinosaur Barbeque, the ribs joint on 131st saur Bar-B-Que, Fairway Market and the St., West Harlem has been a big hit from the new Citarella. ‘‘New Harlem’’ is fast becom- HONORING TOM MACKLIN FOR HIS moment it opened on December 1, 2004. If we ing the next destination for fine dining. SERVICE AS CITY OF DELAWARE walk down a little farther, we arrive at Pier SERVED UPTOWN FIRE CHIEF 2110 Seafood Restaurant, the new seafood 1. Food, 1569 Lexington, between 100 and place with a raw bar and lounge with ginseng 101st streets; (212) 348–0200. HON. PATRICK J. TIBERI drinks, that just opened next to the Harlem The no-nonsense moniker belies the jazzed- up classics in this new incarnation of the OF OHIO Lanes bowling alley. A little to the east on former DinerBar, where fish-centric chef IN THE HOUSE OF REPRESENTATIVES 121st St. and Frederick Douglass Boulevard Scott Geller (who’s worked at Nobu) turns Wednesday, July 12, 2006 lies Harlem Vintage, the sleek wine shop on out luscious escolar and moules frites in 2235 Frederick Douglass Blvd., where a $10 Dijon white wine broth in a friendly neigh- Mr. TIBERI. Mr. Speaker, I wish to join bottle of sauvignon blanc is as easy to come borhood spot. many of my constituents in Delaware, Ohio in

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.061 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1393 congratulating Chief Tom Macklin, who is retir- protested an exhibit at San Jose’s art mu- ‘‘There is much talk these days about a ing after more than 30 years of service with seum that included one photograph pro- lack of civility in our political discourse and the City of Delaware Fire Department. testing the Vietnam War, and which some of deep ideological and partisan divisions at Chief Macklin’s work was summed up best thought to be in poor taste. The protesters every level of government, most especially wanted the offending item removed or the here in Washington, D.C.—I like to think recently by a colleague who said that his 30- exhibit closed. After listening patiently and that you and I have demonstrated, even in a year commitment to Delaware has been without emotion, Norm said, ‘‘I understand small way, that different political affili- marked by professionalism, loyalty and devo- what you are saying, but it is that kind of ations do not have to translate into opposing tion to duty. Under Tom’s leadership, the de- thinking that got me and my family put in views on the value of public-policy issues and partment has grown with the City of Delaware camp in 1942.’’ His remark ended the debate. the nobility of public service.’’ to meet the community’s emerging public safe- And I knew Norm was speaking from the Thank you, Mr. Secretary, for a job well very pit of his soul when he said it. done. ty needs. A Democrat, Mineta was elected to the f Chief Macklin began his career with the city U.S. House of Representatives in 1974 largely in 1975 as a fire fighter. He steadily pro- because of two factors: the public’s anger at RON DELLUMS: COMEBACK ‘‘KID’’ gressed, earning the rank of lieutenant in President Ford’s pardon of Richard Nixon IS 70 1986, captain in 1989 and chief in 1991. after his role in Watergate hurt Republican The City of Delaware has grown and candidates, and Norm’s record as a non- changed for the better during Tom’s tenure. partisan, pragmatic municipal leader, which HON. CHARLES B. RANGEL Under his leadership, the fire department has appealed to many independent, ‘‘ticket split- OF NEW YORK ter’’ voters. IN THE HOUSE OF REPRESENTATIVES evolved to handle the public safety demands Although his district was always competi- of a city with a population of over 30,000. He tive, based on party registration, Norm Wednesday, July 12, 2006 has also overseen increases in manpower and never received less than 60 percent of the Mr. RANGEL. Mr. Speaker, I rise today to the opening of a second fire station in the city. vote in every subsequent re-election, and he congratulate former Congressman and Mayor- Since he became chief in 1991, fire responses was actively supported by Democrats and Elect Ron Dellums as he makes a political have almost tripled. Republicans throughout his career in Con- gress. comeback at age 70 in winning the mayoral I am honored to have this opportunity to election in the city of Oakland, California. I thank Tom for all his hard work, and I am glad Eventually, Mineta was appointed secretary of commerce by President Bill Clin- submit to the RECORD an article written by to join his family, friends, and colleagues in ton, thus becoming the first Asian-American Dan Rasmussen from the June 20, 2006 edi- wishing him a long and active retirement. to ever serve in a Cabinet position. After the tion of Roll Call Politics entitled ‘‘Dellums: f bitterly contested presidential election of Comeback ‘‘Kid’’ is 70.’’ November 2000, when he learned that he was While this article references the effort TRIBUTE TO MR. NORMAN MINETA being considered for the top spot at the De- partment of Transportation in the incoming mounted by 8000 people who signed a ‘‘Draft HON. TOM COLE Bush administration, Norm pulled together a Ron Dellums’’ petition to convince him to run for mayor, it also highlights Mr. Dellums’ stel- OF OKLAHOMA group of friends and advisers to discuss—and debate—the upsides and downsides of such an lar 27-year Congressional career. Ron Del- IN THE HOUSE OF REPRESENTATIVES appointment. lums’ celebrity as a powerful representative Wednesday, July 12, 2006 As the conversation developed, I knew that has not waned as evidenced during a recent Mr. COLE of Oklahoma. Mr. Speaker, I rise the only thing that mattered was Norm’s belief that, if the president asks for your help, speech at a local celebration when the crowd today to draw attention to an article written by unless it’s a request for something illegal or spontaneously started chanting, ‘‘Run Ron, my good friend and colleague Les Francis that immoral, the only answer is, ‘‘Yes, Mr. Run.’’ Their actions spoke volumes of the sen- pays tribute to Norman Mineta, the longest President.’’ timent felt by the group who voted Ron Del- serving Secretary of Transportation in U.S. That belief helps explain the relationship lums into office and back into the political history. Mr. Francis has rightly drawn attention between Norm Mineta and George Bush, two arena. to the bipartisan nature of Mr. Mineta’s polit- individuals with profoundly different polit- Dellums, the first black elected to Congress ical ideologies. When they first met, on Jan. ical style and his efforts to work across party 2, 2001, the then president-elect wasted no from Northern California, has continued a per- lines to achieve common goals. I have known time getting down to business by saying, fect electoral streak: He has not lost an elec- Les Francis for almost 20 years, dating from ‘‘Dick [Cheney], Andy [Card] and my dad all tion since he first won a seat on the Berkeley the early 1990s when we both ran the House tell me that you are the best man for the City Council in 1967. Republican and Democratic congressional job.’’ Ron Dellums has a plan to make Oakland, campaign committees. Les is not only a highly As he recounted the conversation to me California the 21st Century Model City. He is skilled and effective campaigner for the Demo- later that evening, Norm then reminded the committed to working with the citizens and president-elect that he had campaigned ex- cratic Party, he is also a man who is devoted tensively on behalf of his opponent, Al Gore, local organizations to solve the city’s problems to Congress as an institution and to our Na- throughout the fall. Norm wanted to know if as they transform Oakland into a great munici- tion. He learned those values and beliefs Bush was troubled by that, to which the pality. I am sure that much will be accom- working for Secretary Mineta early in his ca- president-elect replied, ‘‘No, I know all about plished through his leadership. reer. that, Norm, but you never made it per- I enter the article ‘‘Dellums: Comeback MINETA IS ABLE TO RISE WELL ABOVE sonal.’’ ‘‘Kid’’ is 70’’ into the RECORD in recognition of The bond between the president and his POLITICAL AFFILIATION Ron Dellums’ strength, fortitude, longevity, and secretary of transportation was assured in [From the Mercury News, San Jose, CA] the terrible early hours of the Sept. 11 trag- commitment to fairness and positive change. I (By Les Francis) edy, when to prevent any further attacks congratulate Ron Dellums on his election to Tonight, when U.S. Secretary of Transpor- Norm commanded the immediate and safe mayor of Oakland, California and wish him tation Norman Mineta leaves office, it will landing of thousands of commercial flights. much success in the future. mark the end of one chapter in a remarkable In the days after Sept. 11, as a volunteer [From Roll Call, June 20, 2006] career, and no doubt the advent of another. ‘‘utility infielder’’ of sorts, I had a ringside DELLUMS: COMEBACK ‘KID’ IS 70 Mineta’s dedication to public service was seat at the Transportation Department, from forged by a searing childhood experience: In which I watched Norm, under enormous pres- (By Dan Rasmussen) the spring of 1942, as a 10-year-old American sure, perform steadily and ably, leading the At 70 years old, Ron Dellums is making a boy of Japanese ancestry, Norm was hauled department in a way that quickly restored political comeback. Seven years after he off and locked up in an American internment its operational and emotional balance. abruptly ended his 27-year Congressional ca- camp. Norm Mineta has served the president and reer, Dellums, after almost two weeks of un- Thirty years later, while vacationing in his country well and honorably for the past certainty, has won election as the new the Grand Tetons and Yellowstone, the Mi- 51⁄2 years, and in so doing has validated the mayor of Oakland, Calif. netas and Francises made a pilgrimage to president’s early and continued confidence in Oakland City Council President Ignacio De nearby Heart Mountain, WY, and we visited him. La Fuente, Dellums’ closest opponent in the the site where the Mineta family had been Even so, Norm’s tenure in the Bush admin- June 6 nonpartisan election, conceded defeat incarcerated. Norm told us of that experi- istration has frustrated and angered some on Saturday. The announcement came after ence, how it shaped his life, and how it led to Democrats, who oppose any such collabora- two tense weeks as the Alameda County Reg- his deeply held views on civil rights and civil tion. Those critics would be well-advised to istrar of Voters finished counting paper bal- liberties. contemplate what Norm wrote in his letter lots and found that Dellums had won the ma- Once, as mayor of San Jose, Norm presided of resignation to President Bush, which be- jority of the vote, avoiding a runoff by a over a city council meeting where a crowd came effective today: mere 155 votes.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JY8.066 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1394 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 It continued Dellums’ perfect electoral Dellums’ district director and senior policy H.R. 9, the Reauthorization of the Voting streak: He hasn’t lost an election since he adviser for 25 years, won the Democratic pri- Rights Act. first won a seat on the Berkeley City Council mary this month for California’s 16th Assem- Our values, our freedom, and our democ- in 1967. bly district, and Keith Carson, another racy are based on the idea that every eligible Dellums is now slated to take office on former aide, is now the president of the Ala- Jan. 1, 2007. He’ll replace another veteran po- meda County Board of Supervisors. American citizen has the right to vote. They litical warrior, former California Gov. Jerry ‘‘There’s a quiet storm taking place,’’ Lee also have the right to expect that their vote will Brown, who, at age 69, is waging a battle to said. be counted. become the Golden State’s next attorney f It was only 40 years ago that minorities general. lived under the oppression of Jim Crow. As a Over nearly three decades in the House, IN RECOGNITION OF THE APPOINT- result, millions of Americans were unable to Dellums championed many liberal causes— MENT OF THE REVEREND DR. fairly participate in our democracy. opposing the Vietnam War, U.S. nuclear pro- JIM HOLLEY liferation and President Ronald Reagan’s In this battle for the most basic of rights, foreign policy—while leading the fight in many heroic Americans were imprisoned, Congress against South African apartheid. HON. JOHN CONYERS, JR. beaten, or even killed in the name of freedom His liberal views earned him a place on OF MICHIGAN and justice. The Voting Rights Act changed former President Richard Nixon’s ‘‘enemies IN THE HOUSE OF REPRESENTATIVES the face of this Nation. list.’’ But he briefly served as chairman of Wednesday, July 12, 2006 We have made amazing progress over the the House Armed Services Committee, losing past 40 years. However, progress does not Mr. CONYERS. Mr. Speaker, I rise to ac- the gavel after Democrats lost control of the mean that we stop trying. We can not and House in 1994. knowledge the achievements of the Reverend must not give up until every American citizen Generations of California political activ- Dr. Jim Holley, who has just been elected, by has the access and opportunity to vote—re- ists, as well as several prominent black lead- the members of the board of police commis- gardless of their skin color, ethnicity, or lan- ers, rallied behind Dellums’ mayoral cam- sioners, on July 1, 2006 to the position of, paign. guage ability. Chairman of the Board of Police Commis- ‘‘The election of former Congressman Ron Despite our progress there are still thou- sioners, Detroit, Michigan. Dellums as Oakland’s mayor marks the re- sands of cases of voter intimidation and dis- Reverend Dr. Jim Holley, was initially ap- vival of a black-progressive-labor coalition crimination reported at every election. Minori- that many thought was on its last legs,’’ pointed to the Board of Police Commissioners ties continue to face the uphill battle of misin- wrote San Francisco Chronicle columnists in January 2004. Chairman Holley currently formation over polling locations, the purging of Philip Matier and Andrew Ross, declaring serves on the Citizens Complaints and Pro- voter rolls, scare tactics, and inaccessible vot- the election a ‘‘sea of change in Oakland pol- motional Appeals Subcommittee and served ing locations. The reality is that there are still itics.’’ as Vice Chair of the Commission prior to his Dellums, the first black elected to Con- some people out there who don’t want minori- election as Chairman of the Board. gress from Northern California, was not ties to vote. planning to run for mayor. But he changed Reverend Dr. Holley is the President of the Historic Little Rock Baptist Church. He has The Voting Rights Act was not and never his mind after 8,000 people signed a ‘‘Draft will be about special rights—it is about equal Ron Dellums’’ petition to convince him to been pastor of the church for over 20 years. rights and ensuring the rights of every Amer- run. The key moment, his friends and sup- During this period of leadership, he made porters say, was when he was giving a speech major accomplishments, such as: the creation ican voter. Now is the time to reauthorize this at a local urban renewal celebration and the of a facility for job training, development, and historic cornerstone of civil rights. It is impera- crowd spontaneously started chanting, placement: acquisition of Little Rock Baptist tive to our rights, our freedom and our democ- ‘‘Run, Ron, run.’’ Village, a housing development, and the ac- racy. Rep. Barbara Lee (D–Calif.), an 11-year f staff member and former intern for Dellums, quisition of buildings in the community, as part said she was in the airport listening to the of his outreach ministry. RACIST MEMORABILIA IN HAR- speech on her mobile phone and realized at Reverend Dr. Holley is the President and LEM: A SYMBOL OF THE CIVIL that moment that Dellums would run. CEO of COGNOS Advertising Agency, at one RIGHTS MOVEMENT ‘‘He was like a jazz musician, going in and time the only full service agency in Detroit. He out and you didn’t know where he was going is President and CEO of County Preacher to go,’’ she said. ‘‘Then there was a moment Foods, Inc., the largest minority food dis- HON. CHARLES B. RANGEL when there was a crescendo in the musical, tributor in the world. He is the Founder and OF NEW YORK and I thought, ‘He’s going to do it.’’’ IN THE HOUSE OF REPRESENTATIVES Now, Dellums is hoping he can help Oak- Chairman of the Detroit Academy of Arts & land make a comeback similar to his own— Sciences. Chairman Holley is the Founder and Wednesday, July 12, 2006 the city in recent years has been plagued President of East/West Cargo Airlines. He is Mr. RANGEL. Mr. Speaker, I rise today to with crime and violence. also the Founder and President of Valet Sys- enter into the RECORD, an article by Anthony ‘‘The other candidates were touting their tems of Michigan, a valet parking Company. experience with the nuts and bolts of a city, Ramirez, titled ‘‘A Gift Shop in Harlem Finds Chairman Holley holds several degrees. He Customers for Memorabilia of Racist Amer- but not moving things forward,’’ said Del- has a Doctorate in Philosophy in Higher Edu- lums spokesman Mike Healy. ‘‘Ron is blend- ica,’’ published in the July 5, 2006 edition of ing the nuts and bolts with a vision of a cation, from Wayne State University; and a the New York Times. Ramirez interviewed model city.’’ Doctorate in Ministry in Economic Develop- Mrs. Mary Taylor and Ms. Glenda Taylor, own- Dellums, who during his years in Congress ment, from Drew University. He holds three ers of a Harlem shop that sells collectibles earned a reputation as a deal maker despite additional masters degrees and two bachelor from the Jim Crow era. While some (Black) his far-left ideology, wants to make Oakland degrees. residents find it offensive to see the display of a model for urban renewal: combating crime Reverend Dr. Holley is the author of several the white robe of the Ku Klux Klan, others are with community policing, providing alter- books, and is rated by the Detroit Free Press as driven to collect these reminders out of a natives for young people, working to im- as one of the top five ministers in Michigan prove health care and encouraging corpora- ‘lest-we-forget’ impulse. and was named Michiganian of the Year by tions to use green technologies. Ms. Taylor said that the main reason that the Detroit News and by Crain’s Business ‘‘Ron is going to make Oakland a shining blacks collect objectionable objects is that they magazine as one of the ‘‘Foremost Voices in light in a sea of real desperation,’’ Lee said. love and hate the item at the same time. They ‘‘I’m excited for the city of Oakland. Ron’s Detroit.’’ are a symbol of dehumanization of the African involved young people and gotten them to f care about the city’s future.’’ Americans through caricature that justified Despite his age, Lee said Dellums really REAUTHORIZATION OF THE their political, social and economic oppression. has connected with Oakland’s youths. VOTING RIGHTS ACT This stereotyping of African-Americans perpet- ‘‘You should see him with the young peo- uated the belief that Blacks were unfit to be ple. It’s a young people’s campaign run by first-class citizens. At the same time, these young people with Ron at the head,’’ she HON. EDDIE BERNICE JOHNSON OF TEXAS ‘‘contemptible collectibles’’ are emblems of the said. ‘‘He’s an eager, energetic, healthy, wise civil rights movement and evidence of how man.’’ IN THE HOUSE OF REPRESENTATIVES much change has occurred and the positive In taking office, Dellums will be working Wednesday, July 12, 2006 with a few familiar faces from his old Con- changes that we take great pride in. gressional staff. Not only is Lee filling his Ms. EDDIE BERNICE JOHNSON of Texas. The Taylors liken their shop to a time ma- old spot in Congress, but Sandre´ Swanson, Mr. Speaker, I rise today in strong support of chine. Older black customers, prompted by the

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.071 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1395 memorabilia, like to reminisce about the times ‘‘The main reason that black people col- RAIL AND PUBLIC TRANSIT gone by. As the elder Ms. Taylor said, if there lect’’ objectionable objects, Glenda Taylor SECURITY is a shop like this, it should be in Harlem. I said, is ‘‘that they love that item and hate that item at the same time.’’ concur. These objects represent a painful pe- She added, ‘‘It’s like the ‘n’ word. African- HON. JAMES L. OBERSTAR riod of our history. But they also symbolize the Americans are very good at turning a painful OF MINNESOTA period when we rose up to claim our funda- thing into something else.’’ IN THE HOUSE OF REPRESENTATIVES mental rights as human beings. I acknowledge For David Pilgrim, a sociology professor at Wednesday, July 12, 2006 that it is an ugly part of our heritage, but it Ferris State University in Big Rapids, Mich., should not be hidden away. It serves as a re- however, the issue is starker. ‘‘This is the Mr. OBERSTAR. Mr. Speaker, strength- minder of the era of Jim Crow and a warning ugly intersection of money and race,’’ he ening and enhancing the safety and security that we should never forget the negative con- said. of our Nation’s public transportation network is sequences of racism. Mr. Pilgrim, who is black, runs a tem- an urgent and critical need. Worldwide public porary museum, with 5,000 racist objects. David Pilgrim, who is Black, argues that transportation systems have been shown to be Stores, he argued, are not the proper sur- vulnerable targets for terrorist attacks, as ex- these ‘‘contemptible collectibles’’ either belong roundings for a thoughtful discussion of in a museum or in a garbage can, and not in what he calls ‘‘contemptible collectibles.’’ hibited by yesterday’s horrific train bombing in stores. He runs a temporary museum with He is trying to raise money to establish a India, which claimed at least 200 lives and in- 5,000 racist objects and is trying to raise funds permanent Jim Crow Museum of Racist jured at least 700 more. to establish a permanent Jim Crow Museum of Memorabilia (www.ferris.edu/jimcrow). ‘‘To I believe passenger rail and public transpor- Racist Memorabilia. The Taylors would like to me,’’ said Mr. Pilgrim, whose own collection tation providers face a difficult challenge: To establish a museum as well, but they too lack makes up nearly half of the temporary muse- provide affordable, efficient, and safe transpor- um’s inventory, ‘‘this stuff is garbage. It be- tation services in an open and readily acces- the funding. longs either in a museum or a garbage can.’’ Mr. Speaker, I bring this effort to preserve sible environment. Most historians date the Jim Crow era Our Nation’s public transportation systems this history to the attention of my colleagues from 1877, when the federal occupation of the and to nongovernmental organization who South ended, to 1965, when the Civil Rights provide more than 9.5 billion transit trips annu- might be interested in the creation of a mu- Act guaranteeing basic rights for black ally on all modes of transit service. In addition, seum display the momentos of the Jim Crow Americans was passed. Jim Crow was an Amtrak provides service to more than 25 mil- era and to serve as a concrete reminder to the 1820’s musical routine performed by white lion passengers annually on 21,000 miles of Congress of the perils of exclusionary politics. men in blackface, and the term became a routes. The extensiveness of these systems synonym for discrimination and segregation. and the sheer volume of passengers who rely A GIFT SHOP IN HARLEM FINDS CUSTOMERS Jim Crow laws passed by Southern legisla- FOR THE MEMORABILIA OF RACIST AMERICA on public transportation make these systems tures were a way for whites to roll back an attractive target for terrorists. (By Anthony Ramirez) black gains after the Civil War. Yet since September 11, 2001, the Nation The day Glenda Taylor placed the white But Mr. Day of the Swann Galleries said hood and white robe of the Ku Klux Klan in that derogatory objects were made in every has focused its attention primarily on aviation the window of her Harlem shop was one to state, including New York. ‘‘It is very much security. As a result, we have made a great remember. blacks through white eyes, not a region’s deal of progress in aviation, but much still At the foot of the Klan gown was an 1868 eyes,’’ he said. needs to be done for other modes of transpor- issue of Harper’s Weekly depicting a dead Mary Taylor, 68, remembers growing up tation. I am aware of the many initiatives taken black man, with the caption ‘‘One Vote with mammy dolls and other racially stereo- by public transportation providers and Amtrak Less.’’ Passers-by of all races stopped, typed objects in Hallandale, Fla., near Fort to enhance the safety and security of their stunned, in front of her memorabilia shop, Lauderdale. ‘‘We resented this stuff,’’ said passengers. I am also well aware of the secu- Aunt Meriam’s, on West 125th Street, Ms. Ms. Taylor, a former administrator at Taylor said. Medgar Evers College. ‘‘It depicted us as rity initiatives that the Federal Transit Adminis- One black woman dispatched her 10-year- ugly.’’ tration, the Federal Railroad Administration, old daughter into the shop to confront Ms. She added that blacks now looked at it dif- and the Transportation Security Administra- Taylor, 50, who is black. The girl, Ms. Taylor ferently. ‘‘We look at ourselves differently. A tion, TSA, have embarked upon, but those ef- recalled, said something like, ‘‘How could lot of black people don’t have that inferi- forts are not enough. This year, the United you?’’ ority complex anymore.’’ States will spend $4.7 billion on aviation secu- Ms. Taylor and her mother, Mary Taylor, The Taylors scour garage sales, lawn sales, rity. In contrast, the TSA has spent only sell all manner of black memorabilia, includ- auctions, flea markets and estate sales in up- $387.5 million in grants on public transpor- ing advertisements for the Cotton Club and state New York, Pennsylvania and Florida playbills for a Broadway musical starring for items. ‘‘The smaller the town, the bet- tation security over the last four years, even Sammy Davis, Jr. ter,’’ because they tend to have more of the though five times as many people take trains But the Taylors and dealers like them also smaller auctions and estate sales, where as planes every day. sell collectibles from the Jim Crow era— prices are still low, the elder Ms. Taylor This House just passed legislation that will cookie jars, coin banks, matchbook covers, said. provide $200 million for rail and transit secu- fruit-box labels, ashtrays, postcards, sheet Glenda Taylor, a former administrator for rity. Thanks to the efforts of the Gentleman music, just to name a few items—that por- nonprofit education groups, said she got the from Massachusetts (Mr. LYNCH) and other tray blacks in grotesquely racist ways. Lit- 1920’s Klan robe from ‘‘a white collector who Members, that’s more than we have done in got it from an estate sale from someone’s tle boys eat watermelon. Men steal chickens. the past, but more funding is needed to en- Women happily scrub and clean. attic,’’ she said. The Taylors later sold the While selling such items in the heart of hood and robe for $1,500 to a collector in sure our Nation’s passenger rail and public America’s most famous black neighborhood Washington State. transportation systems are safe and secure. might seem offensive, dealers say that The younger Ms. Taylor likens her shop, Amtrak alone has requested more than blacks rather than whites tend to be the ones named after a favorite aunt, to a time ma- $100 million in security upgrades and nearly collecting the most repellent objects. chine. Older black customers, prompted by $600 million for fire and life-safety improve- ‘‘Why do some Jews collect Holocaust ma- the memorabilia, like to reminisce, she said. ments to tunnels on the Northeast Corridor in terial?’’ asked Wyatt Houston Day of the A black man in his 60’s, looking at a ‘‘For New York, Maryland, and Washington, DC. Swann Galleries in Manhattan, who orga- Colored Only’’ reproduction in the shop, re- The American Public Transit Association, nizes an annual auction of African-Ameri- membered the time when as a college stu- cana. ‘‘Any people who endure a Holocaust dent he had lunch in a Louisiana coffee shop. which represents transit agencies and com- tend to collect, out of a lest-we-forget im- As he left, the white owner broke every dish muter railroads, has identified an estimated $6 pulse. It is very much akin to what happened he had used. billion in security needs to fully modernize and to blacks, and the objects are just as vile.’’ The next day, the black man, a drum maintain the security of public transit systems. With the civil rights movement, many major at nearby Grambling State Univer- The lack of funding for safety and security whites became ashamed to keep their own sity, brought the entire football team—all measures endangers the Nation’s critical pub- racially caricatured bric-a-brac, or that of blacks—for lunch. They watched in satisfac- lic transportation infrastructure. their parents and grandparents. The rise of tion as the shaken white owner broke dozens The incapacity or destruction of the Nation’s the Internet caused prices to fall as attics of his dishes. and cupboards emptied and glutted the mar- ‘‘If any type of shop like this should be, it transportation systems and assets would have ket on eBay and Yahoo auction sites. An es- should be here in Harlem,’’ the elder Ms. a debilitating impact on our security, national pecially prized type of cookie jar—the Taylor said. ‘‘There should be a black mu- economic stability, national public health, and McCoy mammy jar—once sold for as much as seum. I would prefer that, if we had the safety. Our transportation stakeholders, State $600; it now sells for as little as $50. money.’’ and local governments and private providers

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.075 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1396 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 of public transportation, and the traveling pub- port for Israel’s fabled Air Force. The Associa- most IAF equipment is U.S.-origin, including lic are depending on us to help provide signifi- tion is similar to organizations in the United the F–15 and F–16 fighter jets, which form the cant safety and security improvements for States which provide support for our own mili- backbone of the IAF’s strike force. public transportation. tary organization such as the Association of In addition, the Israel Air Force Center pro- I therefore urge the House’s immediate con- the United States Army (AUSA), and like its vides fundamental information to the inter- sideration of H.R. 2351, which will protect the American counterparts, it was founded by national community on current air force re- safety and security of our Nation’s rail and former Israeli Air Force officers. search. The Center’s think-tank, the Fisher The Israel Air Force Center was established transit systems and the passengers, workers, Brothers Institute for Air and Space Strategic to emphasize the link between the Israeli Air and communities that are served by them. Studies, fosters the growth of ideas and public Force, its veterans, the people of Israel, and f debate by holding seminars and international an international community committed to im- conferences. The Aviation Safety and Security COMMENDING THE ISRAEL AIR proving quality of life through science and the FORCE CENTER FOUNDATION peaceful application of aerospace technology. Center at the Institute is dedicated to enhanc- Sponsors have established major research ing and disseminating IAF expertise on avia- HON. TOM LANTOS chairs at the Center, including one in aviation tion safety and security throughout the world. OF CALIFORNIA security, to aid policy makers in key decisions In addition to its strategic function, specific IN THE HOUSE OF REPRESENTATIVES and to strengthen the economy and security of programs of the Israel Air Force Center undertake numerous charitable activities. The Wednesday, July 12, 2006 Israel and advance human knowledge. Mr. Speaker, the Israel Air Force Center Adelson Institute for Academic Studies re- Mr. LANTOS. Mr. Speaker, I want to call the Foundation is a private, non-profit, tax-exempt integrates Air Force servicemen and women attention of my colleagues in the Congress to organization in the United States which has as into civilian life through training courses, per- the Israel Air Force Center Foundation—a pri- its objective providing financial support for the sonal guidance and links to the private busi- vate non-profit charitable organization which Israel Air Force Center and the activities of the ness sector. The Family Service Center as- has done a great deal to strengthen ties be- Israel Air Force Association. I commend these sists Air Force families cope with trauma and tween the American people and the people of patriotic Americans who participate in the bereavement. The Center provides tremen- Israel and between the military organizations Foundation’s activities. Their efforts to dous support and an emotional outlet to those of the United States and Israel and to en- strengthen the ties between the United States whose loved ones have been killed or injured hance the peaceful commercial uses of air and Israel are important for both countries, in the line of duty. The Center also seeks to and space technology. and the support they give to the research and help the larger Israeli citizenry by adopting de- I do this today, Mr. Speaker, because a development activities of the Israel Air Force veloping towns and supporting educational group of the American leaders of the Israel Air Center are beneficial to both the United States programs in underprivileged communities. The Force Center Foundation will be visiting Wash- and to Israel. Association funds day-care centers, kinder- ington next week. During their visit they will As my colleagues know, American support gartens and schools in need in addition send- meet with leading Members of the Congress for Israel is more critical than ever in today’s ing members to tutor school children. as well as other public and private leaders unstable world. As the only stable democracy here in our nation’s capital in an effort to in the Middle East, it is our responsibility to Mr. Speaker, I had the opportunity to wit- strengthen the work of the Foundation and in- help protect Israel from the multiplicity of dan- ness the work of the Israel Air Force Center troduce American leaders to their work. gers on its borders and its region, including firsthand during a recent visit to Israel. That Mr. Speaker, the Israel Air Force Center is threats from Iran and Syria. The Israeli military reinforced how critically important it is for the a unique Israeli institution—part think-tank forces, including the Israel Air Force, are a U.S. Air Force and the Israel Air Force to con- (along the lines of the Rand Corporation in the vital deterrent to those threats. The partner- tinue working together during this crucial time United States) and part media, history, and re- ship between the U.S. Air Force and the IAF of instability and tension within the Middle source center which focuses on Israel’s emer- sets an excellent example for military coopera- East. At the same time, I was able to see the gence as a world leader in science and tech- tion. Israeli-developed systems boost the vital importance of the Center in contributing nology. The Center is located in Herzliya, American Air Force’s targeting and navigation to the U.S.-Israel cooperative relationship. Israel, and housed in a stunning building ability in Afghanistan and Iraq, and Israeli-de- Mr. Speaker, I invite my colleagues to join which opened in the summer of 2003. veloped Unmanned Aerial Vehicles (UAVs) me in commending the Israel Air Force Center The Israel Air Force Center was established are a vital component of U.S. military efforts Foundation for their significant contribution to by the Israel Air Force Association, a private on both those fronts. Virtually every senior IAF U.S.-Israel relations, and I wish the Founda- organization which provides non-official sup- officer has trained in the United States, and tion increasing success in its important work.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JY8.078 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS July 12, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1397 SENATE COMMITTEE MEETINGS eign Intelligence Surveillance Act of trict of Columbia for the fiscal year Title IV of Senate Resolution 4, 1978, S. 2831, to guarantee the free flow ending September 30, 2007. of information to the public through a SD–106 agreed to by the Senate on February 4, free and active press while protecting 2:30 p.m. 1977, calls for establishment of a sys- the right of the public to effective law Commerce, Science, and Transportation tem for a computerized schedule of all enforcement and the fair administra- To hold hearings to examine unmanned meetings and hearings of Senate com- tion of justice, H.R. 1036, to amend title aerial systems in Alaska. mittees, subcommittees, joint commit- 17, United States Code, to make tech- SD–562 tees, and committees of conference. nical corrections relating to Copyright Judiciary This title requires all such committees Royalty Judges, S. 155, to increase and Constitution, Civil Rights and Property to notify the Office of the Senate Daily enhance law enforcement resources Rights Subcommittee Digest—designated by the Rules Com- committed to investigation and pros- To hold hearings to examine renewing mittee—of the time, place, and purpose ecution of violent gangs, to deter and the temporary provisions of the Voting of the meetings, when scheduled, and punish violent gang crime, to protect Rights Act relating to legislative op- law-abiding citizens and communities any cancellations or changes in the tions after LULAC v. Perry. from violent criminals, to revise and meetings as they occur. SD–226 enhance criminal penalties for violent Homeland Security and Governmental Af- As an additional procedure along crimes, to reform and facilitate pros- with the computerization of this infor- fairs ecution of juvenile gang members who To hold hearings to examine the nomina- mation, the Office of the Senate Daily commit violent crimes, to expand and tion of Stephen S. McMillin, of Texas, Digest will prepare this information for improve gang prevention programs, S. to be Deputy Director of the Office of printing in the Extensions of Remarks 2703, to amend the Voting Rights Act of Management and Budget. section of the CONGRESSIONAL RECORD 1965, S. 1845, to amend title 28, United SD–342 on Monday and Wednesday of each States Code, to provide for the appoint- Intelligence week. ment of additional Federal circuit Closed business meeting to consider Meetings scheduled for Wednesday, judges, to divide the Ninth Judicial pending intelligence matters. Circuit of the United States into 2 cir- SH–219 July 12, 2006 may be found in the Daily cuits, and S. 2679, to establish an Un- Digest of today’s RECORD. solved Crimes Section in the Civil JULY 17 MEETINGS SCHEDULED Rights Division of the Department of Justice, and an Unsolved Civil Rights 2:30 p.m. Energy and Natural Resources JULY 13 Crime Investigative Office in the Civil Rights Unit of the Federal Bureau of To hold hearings to examine implemen- Time to be announced Investigation. tation of the Energy Policy Act of 2005 Budget SD–226 provisions on hydrogen and fuel cell re- Business meeting to consider the nomi- 9:30 a.m. search and development. nation of Stephen S. McMillin, of Environment and Public Works SD–366 Texas, to be Deputy Director of the Of- Clean Air, Climate Change, and Nuclear 3 p.m. fice of Management and Budget. Safety Subcommittee Foreign Relations Room to be announced To hold hearings to examine the Envi- To hold hearings to examine the nomina- 9 a.m. ronmental Protection Agency’s pro- tion of Christina B. Rocca, of Virginia, Judiciary posed revisions to the particulate mat- for the rank of Ambassador during her Business meeting to consider the nomi- ter air quality standards. tenure of service as U.S. Representa- nations of Neil M. Gorsuch, of Colo- SD–628 tive to the Conference on Disar- rado, and Jerome A. Holmes, of Okla- Foreign Relations homa, each to be a United States Cir- mament. To hold hearings to examine the current cuit Judge for the Tenth Circuit, Kim- SD–419 situation relative to Iraq. berly Ann Moore, of Virginia, to be SD–419 United States Circuit Judge for the JULY 18 10 a.m. Federal Circuit, Bobby E. Shepherd, of 9:30 a.m. Armed Services Arkansas, to be United States Circuit Armed Services To hold hearings to examine military Judge for the Eighth Circuit, Gustavo To hold hearings to examine the nomina- commissions in light of the Supreme Antonio Gelpi, to be United States Dis- tions of Charles E. McQueary, of North Court decision in Hamdan v. Rumsfeld. trict Judge for the District of Puerto Carolina, to be Director of Operational SH–216 Rico, Daniel Porter Jordan III, to be Test and Evaluation, Department of Energy and Natural Resources United States District Judge for the Defense, Anita K. Blair, of Virginia, to To hold hearings to examine H.R. 5254, to Southern District of Mississippi, Ste- be Assistant Secretary of the Air Force ven G. Bradbury, of Maryland, to be an set schedules for the consideration of permits for refineries. for Manpower and Reserve Affairs, Assistant Attorney General, R. Alex- Benedict S. Cohen, of the District of ander Acosta, to be United States At- SD–366 Finance Columbia, to be General Counsel of the torney for the Southern District of Department of the Army, Frank R. Ji- Florida, Martin J. Jackley, to be To hold hearings to examine the nomination of Eric Solomon, of New Jersey, to menez, of Florida, to be General Coun- United States Attorney for the District sel of the Department of the Navy, of South Dakota, and Brett L. Tolman, be an Assistant Secretary of the Treas- David H. Laufman, of Texas, to be In- to be United States Attorney for the ury for Tax Policy. spector General, Department of De- District of Utah, S. 2453, to establish SD–215 fense, Sue C. Payton, of Virginia, to be procedures for the review of electronic Veterans’ Affairs Assistant Secretary of the Air Force surveillance programs, S. 2455, to pro- To hold hearings to examine challenges for Acquisition, William H. Tobey, of vide in statute for the conduct of elec- facing the U.S. Court of Appeals for tronic surveillance of suspected terror- Veterans Claims, focusing on efforts to Connecticut, to be Deputy Adminis- ists for the purposes of protecting the address the backlog. trator for Defense Nuclear Non- American people, the Nation, and its SR–418 proliferation, National Nuclear Secu- interests from terrorist attack while Aging rity Administration, and Robert L. ensuring that the civil liberties of To hold hearings to examine Medicaid to Wilkie, of North Carolina, to be Assist- United States citizens are safeguarded, retiree benefits, focusing on the impact ant Secretary of Defense for Legisla- S. 2468, to provide standing for civil ac- of seniors on health care costs in the tive Affairs. tions for declaratory and injunctive re- United States. SD–106 lief to persons who refrain from elec- SD–106 Judiciary tronic communications through fear of 2 p.m. To hold oversight hearings to examine being subject to warrantless electronic Appropriations the Department of Justice. surveillance for foreign intelligence Business meeting to markup H.R. 5672, SH–216 purposes, S. 3001, to ensure that all making appropriations for Science, the 10 a.m. electronic surveillance of United Departments of State, Justice, and Energy and Natural Resources States persons for foreign intelligence Commerce, and related agencies for the To hold hearings to examine United purposes is conducted pursuant to indi- fiscal year ending September 30, 2007, States and India energy cooperation in vidualized court-issued orders, to and an original bill making appropria- the context of global energy demand, streamline the procedures of the For- tions for the government of the Dis- the emerging energy needs of India,

VerDate Aug 31 2005 06:03 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\M12JY8.000 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS E1398 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 2006 and the role of nuclear power can play Judiciary 2:30 p.m. in meeting those needs. To hold hearings to examine antitrust Homeland Security and Governmental Af- SD–366 concerns relating to credit card inter- fairs Homeland Security and Governmental Af- change rates. To hold hearings to examine Department fairs SD–226 of Homeland Security purchase cards. Oversight of Government Management, the 10 a.m. SD–342 Federal Workforce, and the District of Banking, Housing, and Urban Affairs Columbia Subcommittee To hold hearings to examine the semi- JULY 20 To hold an oversight hearing to examine annual Monetary Policy Report to Con- 9:30 a.m. District of Columbia government oper- gress. Armed Services ations, focusing on successes and chal- SD–106 To receive a closed briefing regarding lenges the District has experienced Energy and Natural Resources overhead imagery systems. during the two terms of Mayor Wil- Public Lands and Forests Subcommittee S–407, Capitol liams, including the anticipated chal- To hold an oversight hearing on the im- 10 a.m. lenges that the new mayor will face. plementation of Public Law 108–148 The Agriculture, Nutrition, and Forestry SD–342 Healthy Forests Restoration Act. To hold hearings to examine USDA dairy 2 p.m. SD–366 programs. Banking, Housing, and Urban Affairs Commerce, Science, and Transportation SR–328A To hold hearings to examine perspectives Technology, Innovation, and Competitive- 2 p.m. on insurance regulation. ness Subcommittee Appropriations Business meeting to markup H.R. 5631, SD–538 To hold hearings to examine high per- making appropriations for the Depart- 2:30 p.m. formance computing. ment of Defense for the fiscal year end- Homeland Security and Governmental Af- SD–562 ing September 30, 2007, proposed legis- fairs 10:30 a.m. lation making appropriations for the Federal Financial Management, Govern- Health, Education, Labor, and Pensions ment Information, and International Departments of Labor, Health and Business meeting to consider proposed Human Services, and Education, and Security Subcommittee Pandemic and All-Hazards Prepared- To hold hearings to examine S. 2590, to Related Agencies for the fiscal year ness Act, S. 843, to amend the Public ending September 30, 2007, H.R. 5385, require full disclosure of all entities Health Service Act to combat autism making appropriations for the military and organizations receiving Federal through research, screening, interven- quality of life functions of the Depart- funds. tion and education, and the nomina- ment of Defense, military construc- SD–342 tions of Elizabeth Dougherty, of the tion, the Department of Veterans Af- District of Columbia, Peter W. Tredick, fairs, and related agencies for the fiscal JULY 19 of California, and Harry R. Hoglander, year ending September 30, 2007, and 9:30 a.m. of Massachusetts, each to be a Member H.R. 5576, making appropriations for Environment and Public Works of the National Mediation Board. the Departments of Transportation, To hold hearings to examine the science SD–430 Treasury, and Housing and Urban De- and risk assessment behind the Envi- 2:15 p.m. velopment, the Judiciary, District of ronmental Protection Agency’s pro- Judiciary Columbia, and independent agencies for posed revisions to the particulate mat- To hold hearings to examine judicial the fiscal year ending September 30, ter air quality standards. nominations. 2007. SD–628 SD–226 SD–106

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\M12JY8.000 E12JYPT1 CCOLEMAN on PROD1PC71 with REMARKS Wednesday, July 12, 2006 Daily Digest

HIGHLIGHTS House Committees ordered reported 8 sundry measures. Senate National Mammography Day: Committee on the Chamber Action Judiciary was discharged from further consideration Routine Proceedings, pages S7361–S7450 of S. Res. 508, designating October 20, 2006, as Measures Introduced: Twelve bills and two resolu- ‘‘National Mammography Day’’, and the resolution tions were introduced, as follows: S. 3639–3650, S. was then agreed to. Page S7742 Res. 527, and S. Con. Res. 108. Page S7415 National Fetal Alcohol Spectrum Disorders Measures Reported: Report to accompany S. 3524, Awareness Day: Committee on the Judiciary was to amend titles XVIII, XIX, and XXI of the Social discharged from further consideration of S. Res. 499, Security Act to improve health care provided to In- designating September 9, 2006, as ‘‘National Fetal dians under the Medicare, Medicaid, and State Chil- Alcohol Spectrum Disorders Awareness Day’’, and dren’s Health Insurance Programs. (S. Rept. No. the resolution was then agreed to. Pages S7742–43 109–278) Commemorating 50th Anniversary of U.S. Na- S. 2832, to reauthorize and improve the program tional Motto: Committee on the Judiciary was dis- authorized by the Appalachian Regional Develop- charged from further consideration of S. Con. Res. ment Act of 1965. (S. Rept. No. 109–279) 96, to commemorate, celebrate, and reaffirm the na- Page S7415 tional motto of the United States on the 50th anniversary of its formal adoption, and the resolution was Measures Passed: then agreed to. Pages S7743–44 Condemning Terrorist Attacks: Senate agreed to Louis Braille Bicentennial—Braille Literacy S. Res. 527, condemning in the strongest terms the Commemorative Coin Act: Committee on Banking, July 11, 2006, terrorist attacks in India and express- Housing, and Urban Affairs was discharged from ing sympathy and support for the families of the de- further consideration of H.R. 2872, to require the ceased victims and wounded as well as steadfast sup- Secretary of the Treasury to mint coins in com- port to the Government of India as it seeks to reas- memoration of Louis Braille, and the bill was then sure and protect the people of India and to bring the passed, clearing the measure for the President. perpetrators of this despicable act of terrorism to jus- Page S7444 tice. Page S7441 Homeland Security Appropriations: Senate con- Printing Authority: Senate agreed to S. Con. Res. tinued consideration of H.R. 5441, making appro- 108, authorizing the printing of a revised edition of priations for the Department of Homeland Security a pocket version of the United States Constitution, for the fiscal year ending September 30, 2007, tak- and other publications. Pages S7441–42 ing action on the following amendments proposed National Veterans Awareness Week: Committee thereto: Pages S7366–S7407 on the Judiciary was discharged from further consid- Adopted: eration of S. Res. 507, designating the week of No- Bingaman Amendment No. 4591, to provide fi- vember 5 through November 11, 2006, as ‘‘National nancial aid to local law enforcement officials along Veterans Awareness Week’’ to emphasize the need to the Nation’s borders. Pages S7367–68 develop educational programs regarding the con- Coburn Amendment No. 4562, to require that tributions of veterans to the country, and the resolu- any limitation, directive, or earmarking contained in tion was then agreed to. Page S7742 either the House of Representatives or Senate report accompanying this bill be included in the conference D756

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12JY6.REC D12JYPT1 CCOLEMAN on PROD1PC71 with DIGEST July 12, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D757 report or joint statement accompanying the bill in Pending: order to be considered as having been approved by Feinstein Amendment No. 4556, to amend chap- both Houses of Congress. Pages S7368–69 ter 27 of title 18, United States Code, to prohibit Coburn Amendment No. 4561, to require that re- the unauthorized construction, financing, or, with ports required in the bill to be submitted to the reckless disregard, permitting the construction or use Committee on Appropriations and the Department on one’s land, of a tunnel or subterranean passageway of Homeland Security’s annual justifications of the between the United States and another country and President’s budget request shall be posted on the to direct the United States Sentencing Commission Department of Homeland Security’s public Web site to modify the sentencing guidelines to account for not later than 48 hours after such submission unless such prohibition. Pages S7366, S7399 information in the report compromises national secu- Thune/Talent Amendment No. 4610, to establish rity. Pages S7369–70 a program to use amounts collected from violations Coburn Amendment No. 4590, to make appro- of the corporate average fuel economy program to priations available for the Chief Financial Officer of expand infrastructure necessary to increase the avail- the Department of Homeland Security to ensure ability of alternative fuels. Pages S7384–86 compliance with the Improper Payments Information Vitter Amendment No. 4615, to prohibit the Act of 2002 (31 U.S.C. 3321 note). Pages S7373–74 confiscation of a firearm during an emergency or Coburn Modified Amendment No. 4585, to pro- major disaster if the possession of such firearm is not hibit the use of funds available to the Coast Guard prohibited under Federal or State law. Page S7386 for operating expenses for the continuation of operations of Long Range Aids to Navigation stations Menendez Modified Amendment No. 4634, to nationwide, except in Alaska, far northwest, and far provide that appropriations under this Act may not northeast Continental United States of America. be used for the purpose of providing certain grants, unless all such grants meet certain conditions for al- Pages S7370–73, S7374–77, S7382 Gregg (for Lautenberg) Amendment No. 4558, to location. Pages S7399–S7401 prohibit the expenditure of appropriated funds to en- During consideration of this measure today, the force or comply with the limitation on the number Senate also took the following action: of Transportation Security Administration employ- By 50 yeas to 50 nays (Vote No. 194), three-fifths ees. Page S7387 of those Senators duly chosen and sworn, not having Gregg (for Salazar) Amendment No. 4554, to re- voted in the affirmative, Senate rejected the motion quire the Secretary of Homeland Security to prepare to waive section 302(f) of the Congressional Budget a report on the conduct of activities to achieve com- Act of 1974, as made effective by section 7035(a) of munications interoperability. Page S7387 P.L. 109–234, with respect to Biden Amendment Gregg (for Kerry) Amendment No. 4552, to re- No. 4553, to increase amounts for the rail and tran- peal the Transportation Security Administration’s ex- sit security grant programs. Subsequently, the point emption from Federal procurement law. Page S7387 of order that the amendment would increase manda- Gregg (for Feingold/Sununu) Amendment No. tory spending, was sustained, and the amendment 4569, to require reports to Congress on the Depart- thus fell. Pages S7377–81, S7382–84, S7387 ment of Homeland Security’s use of data-mining. By 47 yeas to 53 nays (Vote No. 195), three-fifths Page S7387 of those Senators duly chosen and sworn, not having Gregg (for Byrd) Amendment No. 4614, to estab- voted in the affirmative, Senate rejected the motion lish procedures for grants for State and local pro- to waive section 402 of H. Con. Res. 95, Congres- grams. Pages S7389–90 sional Budget Resolution for Fiscal Year 2006, with Byrd Amendment No. 4620, to ensure adequate respect to the emergency designation provision in safety at high-risk chemical facilities. Clinton Amendment No. 4576, to restore funding to Pages S7388, S3790 States and local governments for terrorism preven- Baucus Modified Amendment No. 4621, to re- tion activities in the Homeland Security Grant Pro- quire the Secretary of Homeland Security to conduct gram to fiscal year 2005 levels. Subsequently, a tests of unmanned aerial vehicles for border surveil- point of order that the emergency designation provi- lance along the border between Canada and the sion would violate section 402 of H. Con. Res. 95 United States. Pages S7388–89, S7390–91 was sustained and the provision was stricken. Also, Withdrawn: the Chair sustained a point of order that the amend- Coburn Amendment No. 4589, to reduce appro- ment would exceed the subcommittee’s 302(b) allo- priations available for certain training, exercises, cation, as made effective by section 7035(a) of P.L. technical assistance, and other programs. 109–234, and the amendment thus falls. Pages S7373, S7384 Pages S7391–95, S7396–97, S7398

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D12JY6.REC D12JYPT1 CCOLEMAN on PROD1PC71 with DIGEST D758 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 2006

By 50 yeas to 50 nays (Vote No. 196), three-fifths Measures Placed on Calendar: Page S7413 of those Senators duly chosen and sworn, not having Measures Read First Time: Page S7413 voted in the affirmative, Senate rejected the motion to waive section 402 of H. Con. Res. 95, Congres- Executive Communications: Pages S7413–15 sional Budget Resolution for Fiscal Year 2006, with Executive Reports of Committees: Page S7415 respect to the emergency designation provision in Additional Cosponsors: Pages S7415–17 Schumer Amendment No. 4587, to increase the amount appropriated for transit security grants by Statements on Introduced Bills/Resolutions: $300,000,000. Subsequently, a point of order that Pages S7417–26 the emergency designation provision would violate Additional Statements: Pages S7411–13 section 402 of H. Con. Res. 95 was sustained and Amendments Submitted: Pages S7426–40 the provision was stricken. Also, the Chair sustained a point of order that the amendment would exceed Authorities for Committees to Meet: the subcommittee’s 302(b) allocation, as made effec- Pages S7440–41 tive by section 7035 of P.L. 109–234, and the Privileges of the Floor: Page S7441 amendment thus falls. Record Votes: Three record votes were taken today. Pages S7395–96, S7397–98, S7398–99 (Total—196) Pages S7387, S7398, S7399 Chair sustained a point of order against Cornyn Amendment No. 4577 (to Amendment No. 4556), Adjournment: Senate convened at 9:30 a.m., and to provide for immigration injunction reform, as adjourned at 7:16 p.m., until 9 a.m., on Thursday, being in violation of Rule XVI of the Standing July 13, 2006. (For Senate’s program, see the re- Rules of the Senate which prohibits legislation on marks of the Acting Majority Leader in today’s appropriations matters, and the amendment thus fell. Record on page S7444.) Pages S7367, S7399 A unanimous-consent agreement was reached pro- Committee Meetings viding for further consideration of the bill at approximately 9:30 a.m., on Thursday, July 13, 2006. (Committees not listed did not meet) Page S7444 NOMINATIONS: Nominations Received: Senate received the following nominations: Committee on Banking, Housing, and Urban Affairs: Philip S. Goldberg, of Massachusetts, to be Am- Committee concluded a hearing to examine the bassador to the Republic of Bolivia. nominations of Frederic S. Mishkin, of New York, to John C. Rood, of Arizona, to be an Assistant Sec- be a Member of the Board of Governors of the Fed- retary of State (International Security and Non-Pro- eral Reserve System, Linda Mysliwy Conlin, of New liferation). Jersey, to be First Vice President, and J. Joseph Henry M. Paulson, Jr., of New York, to be Grandmaison, of New Hampshire, to be a Member United States Governor of the International Mone- of the Board of Directors, both of the Export-Import tary Fund for a term of five years; United States Bank of the United States, Edmund C. Moy, of Wis- Governor of the International Bank for Reconstruc- consin, to be Director of the Mint, Department of tion and Development for a term of five years; the Treasury, and Geoffrey S. Bacino, of Illinois, to United States Governor of the Inter-American Devel- be a Director of the Federal Housing Finance Board, opment Bank for a term of five years; United States after the nominees testified and answered questions Governor of the African Development Bank for a in their own behalf. term of five years; United States Governor of the BUSINESS MEETING Asian Development Bank; United States Governor of Committee on Energy and Natural Resources: Committee the African Development Fund; United States Gov- ordered favorably reported the nomination of Marc ernor of the European Bank for Reconstruction and Spitzer, of Arizona, to be a Member of the Federal Development. Energy Regulatory Commission. 5 Army nominations in the rank of general. 2 Marine Corps nominations in the rank of gen- VIETNAM eral. Committee on Finance: Committee held a hearing to Routine lists in the Air Force, Army, Foreign examine S. 3495, to authorize the extension of non- Service, National Oceanic and Atmospheric Admin- discriminatory treatment (normal trade relations istration, Navy. Pages S7444–50 treatment) to the products of Vietnam, receiving tes- Messages From the House: Page S7413 timony from Karan K. Bhatia, Deputy United States

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D12JY6.REC D12JYPT1 CCOLEMAN on PROD1PC71 with DIGEST July 12, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D759

Trade Representative; Eric G. John, Deputy Assist- and Jack Campisi, Red Hook, New York, all of the ant Secretary of State, Bureau of East Asian and Pa- Lumbee Tribe of North Carolina; and Michell Hicks, cific Affairs; Jon Caspers, National Pork Producers Eastern Bank of Cherokees, Cherokee, North Caro- Council, Swaledale, Iowa; Christian Schlect, North- lina. west Horticultural Council, Yakima, Washington; Jeffrey R. Shafer, Citigroup Global Markets, New IMMIGRATION REFORM York, New York; and Augustine D. Tantillo, Amer- Committee on the Judiciary: Committee concluded a ican Manufacturing Trade Action Coalition, Chris hearing to examine immigration reform issues, after Seiple, Institute for Global Engagement, T. Kumar, receiving testimony from Carlos Gutierrez, Secretary Amnesty International USA, and Virginia B. Foote, of Commerce; Michael U.S.-Vietnam Trade Council, all of Washington, W. Cutler, Center for Immigration Studies, Ben- D.C. jamin Johnson, American Immigration Law Founda- Hearing recessed subject to the call. tion, and William F. McDonald, Georgetown Uni- MULTILATERAL DEVELOPMENT BANKS versity Law Center, all of Washington, D.C.; and Niall O’Dowd, Irish Lobby for Immigration, New Committee on Foreign Relations: Committee concluded York, New York. a hearing to examine development effectiveness of certain infrastructure projects relating to multilateral SMALL BUSINESS FEDERAL CONTRACTING development banks and their role in promoting economic development and reducing poverty, focusing Committee on Small Business and Entrepreneurship: Com- on the Camisea pipeline project in Peru, and the mittee concluded a hearing to examine strengthening Chad-Cameroon oil pipeline revenue management participation of small businesses in Federal con- program, after receiving testimony from Clay Low- tracting and innovation research programs, after re- ery, Assistant Secretary of the Treasury for Inter- ceiving testimony from Eric M. Thorson, Inspector national Affairs; Jaime Quijandria, The World Bank, General, Small Business Administration; Joe Wynn, Korinna Horta, Environmental Defense Fund, on be- Veterans Enterprise Training and Services Group, half of The Chadian Association for the Promotion and Charles W. Wessner, National Research Coun- and Defense of Human Rights and The Center for cil, both of Washington, D.C.; Steven Sims, Na- Environment and Development in Cameroon, and tional Minority Supplier Development Council, New Manish Bapna, Bank Information Center, all of York, New York; Michael Squillante, RMD, Inc., Washington, D.C.; and Carlos Herrera Descalzi, Na- Watertown, Massachusetts, on behalf of the Small tional Engineers Association of Peru, Lima. Business Technology Council; Eugene Watson, Red Ladder Ranch, Centennial, Wyoming, on behalf of LUMBEE RECOGNITION ACT the University of Wyoming Research Office and Committee on Indian Affairs: Committee concluded a Wyoming Business Council; and Thomas J. Bigger, hearing to examine S. 660, to provide for the ac- Paratek Pharmaceuticals, Boston, Massachusetts. knowledgment of the Lumbee Tribe of North Caro- lina, after receiving testimony from Senator Dole; INTELLIGENCE Representative McIntyre; R. Lee Fleming, Director, Select Committee on Intelligence: Committee met in Office of Federal Acknowledgment, Department of closed session to receive a briefing on certain intel- the Interior; James Ernest Goins, Pembroke, North ligence matters from officials of the intelligence Carolina, Arlinda F. Locklear, Jefferson, Maryland, community. h House of Representatives Reports Filed: Reports were filed today as follows: Chamber Action H. Res. 910, providing for consideration of H.R. Public Bills and Resolutions Introduced: 17 pub- 9, to amend the Voting Rights Act of 1965 (H. lic bills, H.R. 5765–5781; and 4 resolutions, H. Rept. 109–554); and Con. Res. 445 and H. Res. 911–913, were intro- H.R. 5640, to amend part B of title IV of the So- duced. Pages H5127–28 cial Security Act to reauthorize the safe and stable Additional Cosponsors: Pages H5128–29 families program, and for other purposes, with an amendment (H. Rept. 109–555). Page H5127

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12JY6.REC D12JYPT1 CCOLEMAN on PROD1PC71 with DIGEST D760 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 2006 Speaker: Read a letter from the Speaker wherein he Rejected: appointed Representative Simpson to act as Speaker Kanjorski amendment in the nature of a sub- pro tempore for today. Page H5049 stitute (No. 2 printed in H. Rept. 109–550) which Chaplain: The prayer was offered by the guest sought to establish a globally consistent, market- Chaplain, Rev. Michael Jackson, Pastor, New Life based approach to rating agency oversight and pro- Assembly of God, Janesville, Wisconsin. Page H5049 tects investors by maintaining quality as a factor in Carl D. Perkins Career and Technical Education identifying Nationally Recognized Statistical Rating Improvement Act of 2005—Motion to go to Organizations (NRSROs); require the SEC to com- Conference: The House previously passed H.R. 366, plete its definitional rulemaking on what constitutes to amend the Carl D. Perkins Vocational and Tech- an NRSRO within 60 days of enactment and estab- nical Education Act of 1998 to strengthen and im- lish public guidelines about the process used to prove programs under that Act. The House subse- identify new NRSROs within 180 days of enact- quently passed S. 250, as amended by the House, a ment; encourage participating parties to expedite similar Senate-passed bill after striking all after the and complete their ongoing discussions over the Vol- enacting clause and inserting in lieu thereof the text untary Framework, consistent with the European of H.R. 366, as passed by the House. The House in- Commission’s adoption of the International Organi- sisted on its amendments and requested a conference zation of Securities Commissions’ self-regulatory with the Senate. Pages H5062–73 model, to improve market discipline and enhance Agreed to amend the title so as to read: ‘‘To rating quality; and would require annual hearings for amend the Carl D. Perkins Vocational and Technical 5 years on rating agencies before the House Financial Education Act of 1998 to strengthen and improve Services Committee to explore the effectiveness of programs under that Act.’’. Page H5073 the prior two reforms and determine the need for The House agreed to the Miller of California mo- further action (by a recorded vote of 198 ayes to 222 tion to instruct conferees by a yea-and-nay vote of noes, Roll No. 367). Pages H5090–94 260 yeas to 159 nays, Roll No. 366. H. Res. 906, the rule providing for consideration Pages H5073–78, H5080 of the bill was agreed to by a yea-and-nay vote of The Chair appoints the following Members of the 308 yeas to 113 nays, Roll No. 365, after agreeing House as conferees on S. 250: Representatives to order the previous question by a yea-and-nay vote McKeon, Castle, Souder, Osborne, Musgrave, Miller, of 223 yeas to 197 nays, Roll No. 364. George, of California, Woolsey, and Kind. Pages H5056–62, H5078–80 Page H5080 Suspensions—Proceedings Resumed: The House Credit Rating Agency Duopoly Relief Act of agreed to suspend the rules and pass the following 2005: The House passed H.R. 2990, to improve rat- measure which was debated on Tuesday, July 11th: ings quality by fostering competition, transparency, and accountability in the credit rating agency indus- To study and promote the use of energy efficient try, by a recorded vote of 255 ayes to 166 noes, Roll computer servers in the United States: H.R. 5646, No. 368. Pages H5080–94 amended, to study and promote the use of energy ef- Pursuant to the rule, the amendment in the na- ficient computer servers in the United States, by a ture of a substitute recommended by the Committee (2⁄3) yea-and-nay vote of 417 yeas to 4 nays, Roll on Financial Services now printed in the bill shall be No. 369. Pages H5094–95 considered as an original bill for the purpose of Senate Message: Message received from the Senate amendment and shall be considered as read. today appears on page H5049. Pages H5087–89 Agreed to: Senate Referrals: S. 1509 and S. 2430 were referred Oxley amendment (No. 1 printed in H. Rept. to the Committee on Resources, S. 2918 was referred 109–550) to clarify that there is no private right of to the Committee on House Administration, and S. action for rating agencies registered as ‘‘Nationally 2041 was held at the desk. Page H5125 Recognized Statistical Rating Organizations’’ or Quorum Calls—Votes: Four yea-and-nay votes and ‘‘NRSROs’’ under the Securities Exchange Act of two recorded votes developed during the proceedings 1934; allot to the Securities and Exchange Commis- of today and appear on pages H5078–79, sion (SEC) an additional 6 months for a total of 1 H5079–80, H5080, H5093–94, H5094, and year to review and, if necessary, revise its regulations H5095. There were no quorum calls. that use the term ‘‘NRSRO’’; and make a number of technical amendments clarifying definitions, find- Adjournment: The House met at 10 a.m. and ad- ings, and disclosure requirements. Pages H5089–90 journed at 8 p.m.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D12JY6.REC D12JYPT1 CCOLEMAN on PROD1PC71 with DIGEST July 12, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D761 Committee Meetings U.S. ELECTRICITY GRID STABILITY Committee on Government Reform: Subcommittee on MILITARY COMMISSIONS AND TRIBUNALS Energy and Resources held a hearing entitled ‘‘Can the U.S. Electric Grid Take Another Hot Summer?’’ Committee on Armed Services: Held a hearing on stand- Testimony was heard from Joseph T. Kelliher, ards of military commissions and tribunals. Testi- Chairman, Federal Energy Regulatory Commission, mony was heard from Steven Bradbury, Acting As- Department of Energy; and public witnesses. sistant Attorney General, Office of Legal Counsel, Department of Justice; Daniel J. Dell’Orto, Principal BRIEFING—TERRORIST RADICALIZATION Deputy General Counsel, Department of Defense; PROCESS Theodore Olson, former Solicitor General of the Committee on Homeland Security: Subcommittee on In- United States; and RADM John Hutson, USN, telligence, Information Sharing and Terrorism Risk (Ret.), former Judge Advocate General, U.S. Navy. Assessments held a briefing on the terrorist radicalization process, including specific examples of LIMITED ENGLISH PROFICIENT AND the process at work. The Subcommittee was briefed DISABLED STUDENTS by departmental witnesses. Committee on Education and the Workforce: Held a hear- NEW YORK 9/11 ASSISTANCE FRAUD ing entitled ‘‘No Child Left Behind: Ensuring High Committee on Homeland Security: Subcommittee on Academic Achievement for Limited English Pro- Management, Integration, and Oversight held a ficient Students and Students with Disabilities.’’ Tes- hearing entitled ‘‘Federal 9/11 Assistance to New timony was heard from Keith Buchanan, English for York: Lessons Learned in Fraud Detection, Preven- Speakers of Other Languages Office Coordinator, tion, and Control,’’ Part I, ‘‘Response.’’ Testimony Fairfax County Public Schools, State of Virginia; was heard from the following officials of the Depart- Margaret McLeod, Executive Director, Office of Bi- ment of Homeland Security: Joe Picciano, Deputy lingual Education, Public Schools, District of Co- Director, Region II, FEMA; and Richard Skinner, lumbia; and public witnesses. Inspector General; Greg Lutz, Director, Financial MISCELLANEOUS MEASURES Management and Assurance, GAO; the following officials of New York City: Rose Gill Hearn, Commis- Committee on Energy and Commerce: Ordered reported, sioner, Department of Investigation; and David J. as amended, the following bills: H.R. 4591, Stock- Varoli, General Counsel, Department of Design and holm and Rotterdam Toxics Treaty Act of 2005; Construction; and public witnesses. H.R. 2567, Antifreeze Bittering Act of 2005; and Hearings continue tomorrow. H.R. 5337, Reform of National Security Reviews of MISCELLANEOUS MEASURES Foreign Direct Investments Act. Committee on the Judiciary: Ordered reported the following bills: H.R. 2965, amended, Federal Prison Indus- INDUSTRIAL LOAN CORPORATIONS tries Competition in Contracting Act of 2005; H.R. Committee on Financial Services: Subcommittee on Fi- 1369, To prevent certain discriminatory taxation of nat- nancial Institutions and Consumer Credit held a ural gas pipeline property; H.R. 4772, amended, Private hearing entitled ‘‘ILCs—A Review of Charter, Own- Property Rights Implementation Act of 2005; and H.R. ership, and Supervision Issues.’’ Testimony was heard 4132, amended, Law Enforcement Cooperation Act of from Scott G. Alvarez, General Counsel, Board of 2005. Governors, Federal Reserve System; Douglas H. MISCELLANEOUS MEASURES Jones, Acting General Counsel, FDIC; Rick Committee on Resources: Subcommittee on Water and Hillman, Director, Financial Markets and Commu- Power held a hearing on the following bills: H.R. nity Investment, GAO; G. Edward Leary, Commis- 3558, Cheyenne River Sioux Tribe Equitable Com- sioner, Department of Financial Institutions, State of pensation Amendments Act of 2005; H.R. 5282, Utah; and public witnesses. Southern California Desert Region Integrated Water and Economic Sustainability Plan Act; H.R. 5299, DIVERSITY—GAO PERSPECTIVE Fort McDowell Indian Community Water Rights Committee on Financial Services: Subcommittee on Settlement Revision Act of 2006; and H.R. 5715, Oversight and Investigations held a hearing entitled To make amendments to the Reclamation Projects ‘‘Diversity: the GAO Perspective.’’ Testimony was Authorization and Adjustment Act of 1992. Testi- heard from Orice M. Williams, Director, Financial mony was heard from William E. Rinne, Acting Markets and Community Investment, GAO; and Commissioner, Bureau of Reclamation, Department public witnesses. of the Interior; and public witnesses.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D12JY6.REC D12JYPT1 CCOLEMAN on PROD1PC71 with DIGEST D762 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 2006 VOTING RIGHTS ACT REAUTHORIZATION eral Co-Chair; and Steve Robertson, Alternate to the AND AMENDMENTS ACT States’ Co-Chair; and public witnesses. Committee on Rules: Granted, by a vote of 8 to 3, a structured rule providing 90 minutes of general de- VETERANS’ MEMORIAL MARKER ACT OF bate on H.R. 9, Fannie Lou Hamer, Rosa Parks, and 2006 Coretta Scott King Voting Rights Act Reauthoriza- Committee on Veterans’ Affairs: Subcommittee on Dis- tion and Amendments Act of 2006, equally divided ability Assistance and Memorial Affairs approved for and controlled by the Majority Leader and the Mi- full Committee action, as amended, H.R. 5038, Vet- nority Leader or their designees. The rule waives all erans’ Memorial Marker Act of 2006. points of order against consideration of the bill. The rule provides that the amendment in the nature of U.S.-PERU TRADE PROMOTION a substitute recommended by the Committee on the AGREEMENT Committee on Ways and Means: Held a hearing on the Judiciary now printed in the bill shall be considered implementation of the U.S.-Peru Trade Promotion as an original bill for the purpose of amendment and Agreement. Testimony was heard from Everett shall be considered as read. The rule makes in order Eissenstat, Assistant U.S. Trade Representative for only those amendments printed in the Rules Com- the Americas; and public witnesses. mittee report accompanying the resolution. The rule provides that the amendments made in order may be f offered only in the order printed in the report, may NEW PUBLIC LAWS be offered only by a Member designated in the re- (For last listing of Public Laws, see DAILY DIGEST, p. D752) port, shall be considered as read, shall be debatable H.R. 889, to authorize appropriations for the for the time specified in the report equally divided Coast Guard for fiscal year 2006, to make technical and controlled by the proponent and an opponent, corrections to various laws administered by the Coast shall not be subject to amendment, and shall not be Guard. Signed on July 11, 2006. (Public Law subject to a demand for division of the question in 109–241) the House or in the Committee of the Whole. The f rule waives all points of order against the amend- COMMITTEE MEETINGS FOR THURSDAY, ments printed in the report. The rule provides one JULY 13, 2006 motion to recommit with or without instructions. (Committee meetings are open unless otherwise indicated) OVERSIGHT—WRIGHT AMENDMENT Senate REFORM Committee on Appropriations: business meeting to mark Committee on Transportation and Infrastructure: Sub- up H.R. 5672, making appropriations for Science, the committee on Aviation held an oversight hearing en- Departments of State, Justice, and Commerce, and related agencies for the fiscal year ending September 30, 2007, titled ‘‘Reforming the Wright Amendment.’’ Testi- and an original bill making appropriations for the gov- mony was heard from Representatives Hall, Barton ernment of the District of Columbia for the fiscal year of Texas, Sam Johnson of Texas, Granger, Hensarling ending September 30, 2007, 2 p.m., SD–106. and Burgess; Micharl Cirillo, Vice President, System Committee on Armed Services: to hold hearings to examine Operations, Air Traffic Organization, FAA, Depart- military commissions in light of the Supreme Court deci- ment of Transportation; the following Mayors of sion in Hamdan v. Rumsfeld, 10 a.m., SH–216. Committee on the Budget: business meeting to consider Texas: Laura Miller, Dallas; and Mike Moncrief, Fort the nomination of Stephen S. McMillin, of Texas, to be Worth; and public witnesses. Deputy Director of the Office of Management and Budg- et, Time to be announced, Room to be announced. REAUTHORIZATION APPALACHIAN Committee on Commerce, Science, and Transportation: to REGIONAL COMMISSION—CREATE hold hearings to examine unmanned aerial systems in ADDITIONAL REGIONAL ECONOMIC Alaska, 2:30 p.m., SD–562. DEVELOPMENT AUTHORITIES Committee on Energy and Natural Resources: to hold hearings to examine H.R. 5254, to set schedules for the con- Committee on Transportation and Infrastructure: Sub- sideration of permits for refineries, 10 a.m., SD–366. committee on Economic Development, Public Build- Committee on Environment and Public Works: Sub- ings and Emergency Management held a hearing on committee on Clean Air, Climate Change, and Nuclear the Reauthorization of the Appalachian Regional Safety, to hold hearings to examine the Environmental Commission and proposals to Create Additional Re- Protection Agency’s proposed revisions to the particulate gional Economic Development Authorities. Testi- matter air quality standards, 9:30 a.m., SD–628. Committee on Finance: to hold hearings to examine the mony was heard from Representatives Bass, McHugh nomination of Eric Solomon, of New Jersey, to be an As- and McIntyre; the following officials of the Appa- sistant Secretary of the Treasury for Tax Policy, 10 a.m., lachian Regional Commission: Anne B. Pope, Fed- SD–215.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 5627 E:\CR\FM\D12JY6.REC D12JYPT1 CCOLEMAN on PROD1PC71 with DIGEST July 12, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D763

Committee on Foreign Relations: to hold hearings to exam- Committee on Veterans’ Affairs: to hold hearings to examine the current situation relative to Iraq, 9:30 a.m., ine challenges facing the U.S. Court of Appeals for Vet- SD–419. erans Claims, focusing on efforts to address the backlog, Committee on Homeland Security and Governmental Affairs: 10 a.m., SR–418. to hold hearings to examine the nomination of Stephen Select Committee on Intelligence: closed business meeting S. McMillin, of Texas, to be Deputy Director of the Of- to consider pending intelligence matters, 2:30 p.m., fice of Management and Budget, 2:30 p.m., SD–342. SH–219. Committee on the Judiciary: business meeting to consider Special Committee on Aging: to hold hearings to examine the nominations of Neil M. Gorsuch, of Colorado, and Je- Medicaid to retiree benefits, focusing on the impact of rome A. Holmes, of Oklahoma, each to be a United seniors on health care costs in the United States, 10 a.m., States Circuit Judge for the Tenth Circuit, Kimberly Ann SD–106. Moore, of Virginia, to be United States Circuit Judge for the Federal Circuit, Bobby E. Shepherd, of Arkansas, to House be United States Circuit Judge for the Eighth Circuit, Committee on Appropriations, Subcommittee on Interior, Gustavo Antonio Gelpi, to be United States District Environment, and Related Agencies, oversight hearing on Judge for the District of Puerto Rico, Daniel Porter Jor- Chesapeake Bay, 10 a.m., B–308 Rayburn. dan III, to be United States District Judge for the South- Committee on Energy and Commerce, Subcommittee on ern District of Mississippi, Steven G. Bradbury, of Mary- Health, hearing entitled ‘‘Innovative Solutions to Medical land, to be an Assistant Attorney General, R. Alexander Acosta, to be United States Attorney for the Southern Liability,’’ 10 a.m., 2123 Rayburn. District of Florida, Martin J. Jackley, to be United States Committee on Government Reform, hearing entitled ‘‘Can Attorney for the District of South Dakota, and Brett L. You Clear Me Now?: Weighing ‘Foreign Influence’ Fac- Tolman, to be United States Attorney for the District of tors in Security Clearance Investigations,’’ 9:30 a.m., Utah, S. 2453, to establish procedures for the review of 2154 Rayburn. electronic surveillance programs, S. 2455, to provide in Committee on Homeland Security, Subcommittee on Man- statute for the conduct of electronic surveillance of sus- agement, Integration, and Oversight, to continue hearings pected terrorists for the purposes of protecting the Amer- entitled ‘‘Federal 9/11 Assistance to New York: Lessons ican people, the Nation, and its interests from terrorist Learned in Fraud Detection, Prevention, and Control,’’ attack while ensuring that the civil liberties of United Part 2, ‘‘Recovery,’’ 10 a.m, and Part 3, ‘‘Rebuilding,’’ 2 States citizens are safeguarded, S. 2468, to provide stand- p.m., 311 Cannon. ing for civil actions for declaratory and injunctive relief Committee on International Relations, Subcommittee on to persons who refrain from electronic communications International Terrorism and Nonproliferation, hearing on through fear of being subject to warrantless electronic Venezuela: Terrorism Hub of South America? 2 p.m., surveillance for foreign intelligence purposes, S. 3001, to 2172 Rayburn. ensure that all electronic surveillance of United States Committee on Resources, Subcommittee on Energy and persons for foreign intelligence purposes is conducted Mineral Resources, oversight hearing on Opportunities for pursuant to individualized court-issued orders, to stream- Good Samaritan Cleanup of Hard Rock Abandoned Mine line the procedures of the Foreign Intelligence Surveil- Lands, 10 a.m., 1324 Longworth. lance Act of 1978, S. 2831, to guarantee the free flow Subcommittee on Forests and Forest Health, oversight of information to the public through a free and active hearing on Working Ranches, Healthy Range and Main- press while protecting the right of the public to effective taining Open Space, focusing on the importance of federal law enforcement and the fair administration of justice, grazing programs and working ranches to the landscape, H.R. 1036, to amend title 17, United States Code, to 11 a.m., 1334 Longworth. make technical corrections relating to Copyright Royalty Subcommittee on National Parks, hearing on the fol- Judges, S. 155, to increase and enhance law enforcement lowing bills: H.R. 383, Ice Age Floods National Geologic resources committed to investigation and prosecution of Trail Designation Act of 2005; H.R. 4581, Easement violent gangs, to deter and punish violent gang crime, to Owners Fair Compensation Claims Act of 2005; and protect law-abiding citizens and communities from vio- H.R. 5132, River Raisin National Battlefield Study Act, lent criminals, to revise and enhance criminal penalties 2 p.m., 1324 Longworth. for violent crimes, to reform and facilitate prosecution of juvenile gang members who commit violent crimes, to Committee on Small Business, Subcommittee on Regu- expand and improve gang prevention programs, S. 2703, latory Reform and Oversight, hearing entitled ‘‘An Up- to amend the Voting Rights Act of 1965, S. 1845, to date on Administration Action to Reduce Unnecessary amend title 28, United States Code, to provide for the Regulatory Burdens on America’s Small Manufacturers,’’ appointment of additional Federal circuit judges, to di- 10 a.m., 2360 Rayburn. vide the Ninth Judicial Circuit of the United States into Committee on Veterans’ Affairs, to mark up H.R. 3082, 2 circuits, and S. 2679, to establish an Unsolved Crimes Veteran-Owned Small Business Promotion Act of 2005, Section in the Civil Rights Division of the Department 10:30 a.m., 334 Cannon. of Justice, and an Unsolved Civil Rights Crime Investiga- Committee on Ways and Means, Subcommittee on Health, tive Office in the Civil Rights Unit of the Federal Bureau hearing on Medicare reimbursement of physician-adminis- of Investigation, 9 a.m., SD–226. tered drugs, 1 p.m., 1100 Longworth. Subcommittee on Constitution, Civil Rights and Prop- Subcommittee on Select Revenue Measures, hearing on erty Rights, to hold hearings to examine renewing the issues relating to the patenting of tax advice, 10:30 a.m., temporary provisions of the Voting Rights Act relating B–318 Rayburn. to legislative options after LULAC v. Perry, 2:30 p.m., Permanent Select Committee on Intelligence, executive, brief- SD–226. ing on Global Updates/Hotspots, 9 a.m., H–405 Capitol.

VerDate Aug 31 2005 05:39 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0627 Sfmt 5627 E:\CR\FM\D12JY6.REC D12JYPT1 CCOLEMAN on PROD1PC71 with DIGEST D764 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 2006

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, July 13 10 a.m., Thursday, July 13

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 9— morning business (not to extend beyond 30 minutes), Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Senate will continue consideration of H.R. 5441, Home- Voting Rights Act Reauthorization and Amendments Act land Security Appropriations. of 2006 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Eddie Bernice, Tex., E1383, E1389, E1394 Rahall, Nick J., II, W.Va., E1385 Kanjorski, Paul E., Pa., E1386 Rangel, Charles B., N.Y., E1388, E1389, E1390, E1392, Brown-Waite, Ginny, Fla., E1383 Knollenberg, Joe, Mich., E1381 E1393, E1394 Cole, Tom, Okla., E1393 Lantos, Tom, Calif., E1396 Rogers, Mike, Ala., E1384 Conyers, John, Jr., Mich., E1394 LaTourette, Steven C., Ohio, E1381 Royce, Edward R., Calif., E1383 Etheridge, Bob, N.C., E1385 McMorris, Cathy, Wash., E1391 Sanchez, Loretta, Calif., E1387 Fossella, Vito, N.Y., E1383 Mica, John L., Fla., E1389, E1390 Sanders, Bernard, Vt., E1384 Frank, Barney, Mass., E1381 Millender-McDonald, Juanita, Calif., E1386 Simmons, Rob, Conn., E1387, E1391 Green, Mark, Wisc., E1388 Miller, George, Calif., E1386 Tiahrt, Todd, Kans., E1379, E1380 Hastings, Alcee L., Fla., E1389, E1390 Moore, Gwen, Wisc., E1383 Tiberi, Patrick J., Ohio, E1392 Higgins, Brian, N.Y., E1385 Oberstar, James L., Minn., E1395 Upton, Fred, Mich., E1384 Jackson-Lee, Sheila, Tex., E1380 Paul, Ron, Tex., E1379, E1380 Wexler, Robert, Fla., E1385

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

VerDate Aug 31 2005 06:03 Jul 13, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0664 Sfmt 0664 E:\CR\FM\D12JY6.REC D12JYPT1 CCOLEMAN on PROD1PC71 with DIGEST