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

Vol. 151 WASHINGTON, FRIDAY, OCTOBER 7, 2005 No. 130 House of Representatives The House met at 9 a.m. The yeas and nays were ordered. erend Holley has organized 10s of cru- The Reverend Henry Holley, Director The SPEAKER. Pursuant to clause 8, sades worldwide, many attended by lit- of Asian Affairs, Billy Graham Evan- rule XX, further proceedings on this erally millions. The Hong Kong crusade gelistic Association, Marietta, Georgia, question will be postponed. in 1990, for example, extended its mes- offered the following prayer: f sage of hope and faith to over 100 mil- O Lord, You have said that first of all PLEDGE OF ALLEGIANCE lion people with the gospel, an effort prayers, supplications, and interces- directed by Reverend Holley. sions be made for those in authority. The SPEAKER. Will the gentle- He has served as a special assistant I pray for this Chamber of Represent- woman from Wisconsin (Ms. BALDWIN) to Dr. Billy Graham on projects and atives, that they may have wisdom, in- come forward and lead the House in the missions too numerous to count, and tegrity, courage, faithfulness in their Pledge of Allegiance. has recently lent his talent to Rev- performance. I pray for the Speaker of Ms. BALDWIN led the Pledge of Alle- erend Franklin Graham. Reverend this House and our President. Bless giance as follows: Holley is the embodiment of love and each one with Your presence, enfold I pledge allegiance to the Flag of the compassion and humility. He has been United States of America, and to the Repub- them with Your love and strengthen supported in his life work by Betty, his them by Your spirit. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. dear wife of 56 years, who joins us May all remember that government today. For the past 33 years they have f is an institution ordained by Almighty made Georgia their home. They have God, for Thou does not desire that INTRODUCTION OF REVEREND three children and four grandchildren. mankind should live in anarchy in HENRY HOLLEY, GUEST CHAPLAIN Reverend Holley has brightened and which everyone does that which seems (Mr. PRICE of Georgia asked and was made more meaningful so many lives, right in his own eyes. given permission to address the House and I am privileged to have been able I pray for all citizens of our land. for 1 minute.) to add my name to that list. I appre- Cause us to know that righteousness Mr. PRICE of Georgia. Mr. Speaker, ciate the opportunity to share him exalteth a nation, but sin is a reproach. what a distinct privilege and honor to with the House today. May we do justly, love mercy and walk come before you today to introduce our f humbly with Thee. God bless America. guest Chaplain, the Reverend Henry I pray this with all respect for per- Holley. As Members of Congress we are ANNOUNCEMENT BY THE SPEAKER sons of other faiths. I pray this in the truly blessed with the opportunity to The SPEAKER. The Chair will recog- name of my savior, Jesus Christ. meet and get to know many wonderful nize five 1-minutes on each side. Amen. Americans from all walks of life, many f f of whom have dedicated their lives to CAREFUL ADHERENCE TO MEDICA- THE JOURNAL the betterment of the human race. TION THERAPIES SAVES LIVES The SPEAKER. The Chair has exam- Henry Holley is one of Georgia’s and ined the Journal of the last day’s pro- America’s greatest treasures and a (Mr. MURPHY asked and was given ceedings and announces to the House man who has given all and then some permission to address the House for 1 his approval thereof. in his work on behalf of a grateful na- minute and to revise and extend his re- Pursuant to clause 1, rule I, the Jour- tion followed by his glorious affiliation marks.) nal stands approved. with the Billy Graham Evangelistic As- Mr. MURPHY. Mr. Speaker, failure Mr. PALLONE. Mr. Speaker, pursu- sociation. to take prescription medications prop- ant to clause 1, rule I, I demand a vote Following service in World War II in erly accounts for approximately 125,000 on agreeing to the Speaker’s approval the Pacific, Reverend Holley continued deaths, and an additional $100 billion of the Journal. on active duty in the United States per year in preventable hospitaliza- The SPEAKER. The question is on Marine Corps until 1966. He then joined tions, emergency department and re- agreeing to the Speaker’s approval of the Reverend Billy Graham, ultimately peat physician visits. Twenty-three the Journal. becoming ordained into the gospel min- percent of nursing home admissions The question was taken; and the istry by the Johnson Ferry Baptist and 10 percent of all hospital admis- Speaker announced that the ayes ap- Church in my district in Marietta, sions result from patients failing to peared to have it. Georgia. take medications properly. Mr. PALLONE. Mr. Speaker, on that He has literally given his life to fur- Why do they skip their medications? I demand the yeas and nays. ther outreach and evangelism. Rev- Some forget, some want to save money,

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

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VerDate Aug 31 2005 00:16 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.000 H07OCPT1 H8738 CONGRESSIONAL RECORD — HOUSE October 7, 2005 some did not believe that drugs were The Oak Hills Local School District Floyd County Superintendent Kelly effective. Some doubted they needed to was also rated excellent, continuing in Henson, Coosa Principal Lisa Landrum, take them, or experienced unwanted its long-standing tradition of academic the Floyd County Board of Education side effects. Much of this can be solved excellence. Superintendent Patricia and all the teachers at Coosa Middle by improving communication between Brenneman has a lot to be proud of. School deserve our praise and admira- doctor and pharmacist and patient. With a graduation rate of 98.4 percent, tion for the fine work they do edu- Under the new Medicare bill, phar- Oak Hills boasts the highest rate of cating Rome’s schoolchildren. macists will manage and monitor any high school its size in the entire Their efforts show how much our stu- medications for patients with chronic State of Ohio. dents can achieve when we give them a illness. These programs have the poten- These numbers are a testament to solid educational foundation based on tial to save billions of dollars and thou- the hard work and dedication of the high expectations and the resources sands of lives each year. It is a wel- teachers, administrators, parents, and needed to help students meet these ex- come addition to the Medicare bill and last but not least, the students of Wyo- pectations. one that will help many seniors. ming City Schools and the Oak Hill Mr. Speaker, I ask that you join me To learn more about the careful ad- School District. I would like to con- in congratulating Coosa Middle School. herence to medication therapies and gratulate both communities on this how they can save lives and money, I outstanding achievement. f would encourage my colleagues to visit f my Web site at murphy.house.gov. IRAQ AND THE WAR ON TERROR f HOUSE OF SHAME (Mr. KUCINICH asked and was given NATIONAL COMING OUT DAY (Mr. PALLONE asked and was given permission to address the House for 1 permission to address the House for 1 minute.) (Ms. BALDWIN asked and was given minute.) Mr. KUCINICH. Mr. Speaker, the permission to address the House for 1 Mr. PALLONE. Mr. Speaker, Repub- President’s speech yesterday proved minute.) lican cronyism here in Washington is one thing, that this administration is Ms. BALDWIN. Mr. Speaker, I rise something that has become quite evi- intent on war and nothing else. They today to recognize the importance of dent to people outside the Beltway in are intent on sending more troops to National Coming Out Day. Next Tues- recent weeks. I just wanted to ref- die for a shifting tale of pure fiction, day, October 11th, will be the 18th an- erence today an article in the last issue about WMDs, about trying to establish nual National Coming Out Day. As public officeholders, we know the of Newsweek magazine by Jonathan a democracy, about a war on terror. power of telling real life stories and Alter called ‘‘Tom DeLay’s House of Come home, America. Deal with the putting a human face on the policy Shame.’’ It talks about how Mr. Alter a terror of joblessness in the United issues that we deal with to convey the decade ago called on TOM DELAY in his States. Deal with the terror of lack of ideas that a dry public policy speech ornate office in the Capitol and what adequate health care, of people losing could not convey. he found there. their homes and their hope. Deal with In the movement towards full equal- Alter goes on to say, and I quote, things here at home. Give people a ity for gay, lesbian, bisexuals and ‘‘Thus began what historians will re- chance to make things work for their transgender Americans, no actions gard as the single most corrupt decade families. Create a new WPA program to have been more important than the in the long and colorful history of the put millions back to work. Give health steps that millions of Americans have House of Representatives. Never before care for all. Stop taking this Nation to taken in being open, truthful, forth- has the leadership of the House been the edge of total war with the world. hijacked by a small band of extremists right, with their friends, families, co- f workers and neighbors about who they bent on building a ruthless shakedown are. machine, lining the pockets of their SUPPORTING OUR TROOPS For much of history, gays and les- richest constituents and rolling back (Mrs. DRAKE asked and was given bians were invisible, so people knew us popular protections for ordinary peo- permission to address the House for 1 through stereotypes and myths. Visi- ple.’’ minute and to revise and extend her re- bility serves to shatter those stereo- He goes on to say that ‘‘the 21st cen- marks.) types. Truth telling not only chips tury radical Republican agenda, that is Mrs. DRAKE. Mr. Speaker, this away at the myths, but serves to open today, repeals health and safety regu- weekend I had the privilege to lead an minds and hearts. lations and spends billions on shame- National Coming Out Day is a time less pork-barrel projects to keep the armed services congressional delega- for us to celebrate that freedom and re- GOP at the trough.’’ tion to Iraq. We had the great oppor- dedicate ourselves to the freedoms yet The bottom line is that Republican tunity to visit with our brave fighting to be won. cronyism is now evident to everyone. men and women, attend briefings by f their commanders, and see firsthand f the progress that is being made. We OUTSTANDING SCHOOLS IN OHIO COOSA MIDDLE SCHOOL visited Camp Victory, Baghdad, Ballad, (Mr. CHABOT asked and was given (Mr. GINGREY asked and was given and Qatar. Our brave men and women permission to address the House for 1 permission to address the House for 1 are working very hard, they are mak- minute.) minute and to revise and extend his re- ing incredible progress, they are proud Mr. CHABOT. Mr. Speaker, we all marks.) of what they are doing, they are deter- know the key to America’s future is Mr. GINGREY. Mr. Speaker, I rise mined to prevent another attack on providing an excellent education for today to congratulate Coosa Middle our Nation, and they know a free and children. As a former school teacher School in Rome, Georgia, for being democratic Iraq means the spread of myself, it gives me great pleasure to named a Blue Ribbon School by the freedom throughout the Middle East recognize two school districts located United States Department of Edu- and a safer world for all of us. in my congressional district that truly cation. This award recognizes schools As these courageous American heroes live up to this commitment. that dramatically improve student per- stand side by side with our allies and Wyoming City School District was formance on State tests and whose stu- with Iraqi soldiers, they want to be as- recently named the State’s most out- dents excel at the educational stand- sured that the American people sup- standing school district, receiving the ards set by our States. I am extremely port them, that the American people highest performance index score in proud Coosa Middle School has at- understand the mission, and that the Ohio’s State report card. 100 percent of tained these goals. Coosa Middle American people understand the threat students tested were at or above the School was one of only 12 middle to the entire world. Today New York- proficient level, and their high school schools across the Nation to win this ers are on alert because of their efforts. graduation rate has reached 100 per- prestigious award and the only middle What happens in Iraq matters to Amer- cent. school in the State of Georgia to do so. icans. I thank them for their service.

VerDate Aug 31 2005 00:16 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.002 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8739 CONSUMER CONFIDENCE AMENDMENT TO HOUSE RESOLU- the Hall of the House in order to film TION 481, PROVIDING FOR CON- the House in session for inclusion in an (Mrs. MALONEY asked and was given SIDERATION OF H.R. 3893, GASO- orientation film to be shown to visitors permission to address the House for 1 LINE FOR AMERICA’S SECURITY at the Capitol Visitor Center. This res- minute and to revise and extend her re- ACT OF 2005 olution is necessary because clause 2(b) marks.) Mr. LINCOLN DIAZ-BALART of of rule IV of the rules of the House pro- vides that the Speaker may not enter- Mrs. MALONEY. Mr. Speaker, last Florida. Mr. Speaker, I ask unanimous tain a unanimous consent request or a week we saw new evidence that Ameri- consent that House Resolution 481 be motion to suspend clause 2 of rule IV, cans are becoming increasingly pessi- considered as amended by striking the which restricts access to the floor of mistic about this economy. Two sepa- number 3983 in each place it appears rate measures of consumer attitudes the House while the House is in ses- and inserting in lieu thereof the num- sion. plunged drastically, posting their larg- ber 3893. est declines in decades. Mr. Speaker, I would urge all Mem- The SPEAKER pro tempore (Mr. bers to support this resolution which The impact of the hurricanes was the SIMPSON). Is there objection to the re- will provide edification for millions of immediate cause of pessimism, but quest of the gentleman from Florida? visitors to our Nation’s Capitol. Americans have never had much con- There was no objection. Mr. Speaker, I reserve the balance of fidence in the Bush economy. The f my time. President has the worst job creation Ms. SLAUGHTER. Mr. Speaker, we record since Herbert Hoover. American PERMITTING INDIVIDUALS TO BE ADMITTED TO HALL OF HOUSE are pleased to support the resolution. workers have been left behind in the Mr. Speaker, I yield back the balance TO OBTAIN FOOTAGE OF HOUSE economic recovery from the 2001 reces- of my time. sion. IN SESSION Mr. LINCOLN DIAZ-BALART of For the typical worker and house- Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield back the hold, wages and incomes are not keep- Florida. Mr. Speaker, I ask unanimous balance of my time. ing up with the cost of living. The gap consent that it shall be in order at any Pursuant to the order of the House of between the haves and the have-nots time to consider in the House the reso- today, the resolution is considered read continues to grow and I find that tre- lution, H. Res. 480; the resolution shall and the previous question is ordered. The question is on the resolution. mendously troubling for our country. be considered as read; the previous question shall be considered as ordered The resolution was agreed to. This record does not inspire confidence A motion to reconsider was laid on in our economy. We can do better. on the resolution to its adoption with- out intervening motion except 10 min- the table. utes equally divided and controlled by f f the chairman and ranking minority PROVIDING FOR CONSIDERATION member of the Committee on Rules. OF H.R. 3893, GASOLINE FOR b 0915 The SPEAKER pro tempore. Is there AMERICA’S SECURITY ACT OF objection to the request of the gen- 2005 RECOGNIZING NATIONAL FIRE tleman from Florida? Mr. LINCOLN DIAZ-BALART of PREVENTION WEEK There was no objection. Florida. Mr. Speaker, by direction of Mr. LINCOLN DIAZ-BALART of the Committee on Rules, I call up (Mr. BRADLEY of New Hampshire Florida. Mr. Speaker, pursuant to the House Resolution 481 and ask for its asked and was given permission to ad- previous order of the House, I call up immediate consideration. dress the House for 1 minute and to re- the resolution (H. Res. 480) permitting vise and extend his remarks.) The Clerk read the resolution, as fol- individuals to be admitted to the Hall lows: Mr. BRADLEY of New Hampshire. of the House in order to obtain footage H. RES. 481 Mr. Speaker, this morning I rise to rec- of the House in session for inclusion in Resolved, That upon the adoption of this ognize National Fire Prevention Week, the orientation film to be shown to resolution it shall be in order without inter- which is October 9 through October 15. visitors at the Capitol Visitor Center, vention of any point of order to consider in Fire Prevention Week is an oppor- and ask for its immediate consider- the House the bill (H.R. 3893) to expedite the tunity for Americans of all ages to ation. construction of new refining capacity in the learn more about how to avoid fires The Clerk read the title of the resolu- United States, to provide reliable and afford- and fire injuries and how to respond to tion. able energy for the American people, and for them as well. The text of the resolution is as fol- other purposes. The bill shall be considered as read. The amendment in the nature of a This year’s theme, ‘‘Use Candles lows: substitute recommended by the Committee With Care,’’ reflects how proper use of H. RES. 480 on Energy and Commerce now printed in the candles can go a long way in protecting Resolved, That the Speaker, in consultation bill, modified by the amendment printed in one’s home and family from the dev- with the minority leader, may designate in- part A of the report of the Committee on astating effects of fires. Candle fires in dividuals to be admitted to the Hall of the Rules accompanying this resolution, shall be considered as adopted. All points of order 2002 alone resulted in an estimated 130 House and the rooms leading thereto in order to obtain film footage of the House in session against the bill, as amended, are waived. The deaths. Fire Prevention Week also for inclusion in the orientation film to be previous question shall be considered as or- serves as the time to honor our brave shown to visitors at the Capitol Visitor Cen- dered on the bill, as amended, to final pas- firefighters for risking their lives every ter. sage without intervening motion except: (1) day to protect us. They work tirelessly The SPEAKER pro tempore. Pursu- one hour of debate on the bill, as amended, equally divided and controlled by the chair- to educate their fellow citizens about ant to the order of the House of today, fire safety and the importance of being man and ranking minority member of the the gentleman from Florida (Mr. LIN- Committee on Energy and Commerce; (2) the prepared for emergencies. COLN DIAZ-BALART) and the gentle- amendment in the nature of a substitute I especially would like to recognize woman from New York (Ms. SLAUGH- printed in part B of the report of the Com- the brave and fine firefighters in my TER) each will control 5 minutes. mittee on Rules accompanying this resolu- home State of New Hampshire for their The Chair recognizes the gentleman tion, if offered by Representative Stupak of Michigan or his designee, which shall be in efforts to make the granite State’s from Florida (Mr. LINCOLN DIAZ- order without intervention of any point of community safer. We owe all fire- BALART). order, shall be considered as read, and shall fighters a debt of gratitude for their Mr. LINCOLN DIAZ-BALART of be separately debatable for 40 minutes equal- courage and dedication to keeping us Florida. Mr. Speaker, I yield myself ly divided and controlled by the proponent out of harm’s way. I encourage all my such time as I may consume. and an opponent; and (3) one motion to re- colleagues to take a moment to thank Mr. Speaker, this is a very simple commit with or without instructions. their local first responders for their resolution which allows the Speaker, in The SPEAKER pro tempore. The gen- hard work and to heed the important consultation with the minority leader, tleman from Florida (Mr. LINCOLN lessons they impress upon us. to allow individuals to be admitted to DIAZ-BALART) is recognized for 1 hour.

VerDate Aug 31 2005 00:16 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.003 H07OCPT1 H8740 CONGRESSIONAL RECORD — HOUSE October 7, 2005 Mr. LINCOLN DIAZ-BALART of ful winds and the storm surge caused mental and energy provisions that af- Florida. Mr. Speaker, for purposes of by Hurricane Katrina. fect construction of facilities such as debate only, I yield the customary 30 In Louisiana, the storm surge sub- refineries and oil pipelines. Bringing minutes to my dear friend from New merged a large portion of the south- new refineries online will alleviate our York (Ms. SLAUGHTER), pending which I eastern part of the State, toppling over reliance on foreign sources of refined yield myself such time as I may con- the levees that protected the area, in- products, will allow us to have enough sume. During consideration of this res- cluding the city of New Orleans. In the refinery capacity to meet the needs of olution, all time yielded is for the pur- immediate aftermath of the hurricane, our growing economy, while providing pose of debate only. several refineries were shut down, ac- a backup if any of our refineries are (Mr. LINCOLN DIAZ-BALART of counting for about 11 percent of the shut down in the future. Florida asked and was given permis- total United States refinery capacity. Now, to help conserve gasoline, the sion to revise and extend his remarks.) As of the beginning of October, four legislation also directs the Secretary Mr. LINCOLN DIAZ-BALART of oil refineries remain closed. Now, those of Energy to establish and carry out Florida. Mr. Speaker, House Resolution refineries provide almost a million bar- programs to encourage the use of car- 481 is a structured rule that provides rels a day, almost 5 percent of our re- pooling and van pooling. After the hur- for the consideration of H.R. 3893. The fining capacity; and even at this time ricanes, we saw reports of unscrupulous rule provides 1 hour of general debate it is still not known when those four business practices engaged in in some evenly divided and controlled by the refineries will be able to reopen. instances. The bill addresses unfair or chairman and the ranking minority deceptive acts or practices of any per- b 0930 member of the Committee on Energy son selling crude oil or gasoline or die- and Commerce. The rule also provides A month later, we had Hurricane sel fuel or home heating oil at a price one motion to recommit with or with- Rita hit the Texas-Louisiana Gulf that constitutes price gouging. out instructions. Coast with 120-mile-an-hour winds, Mr. Speaker, H.R. 3893, as I stated be- Mr. Speaker, in the last 24 years, our causing widespread damage and flood- fore, required a tremendous amount of refinery capacity has dropped from al- ing. In anticipation of the storm, sev- hard work. It was introduced by the most 19 million barrels a day to less eral oil refineries in the warning area, gentleman from Texas (Chairman BAR- than 17 million barrels a day. Now, this constituting over 4 million barrels a TON), reported out of the Committee on has happened at the same time that day in refining capacity, were shut Energy and Commerce on September our gross domestic product has quad- down. Some of those refineries were 29. It is a good bill. I think it is very rupled. In other words, because of the able to restart, but as of the first of Oc- important to our energy needs, to the sustained growth of our economy and tober, nine refineries with the capacity health of our economy and to the na- the fact that we have not built a new to refine over 2 million barrels a day, tional security of this country. refinery in almost 30 years, the United about an eighth of our capacity, re- So again I thank the gentleman from States is now forced to import over 4 main shut down. Texas (Mr. BARTON). I know the rank- million barrels a day in refined prod- Now combine that with the four re- ing member, the gentleman from ucts, and that is when our refineries fineries closed because of Hurricane Michigan (Mr. DINGELL) has worked ex- are running at full capacity. Katrina, approximately 18 percent of traordinarily hard, as he has for dec- I thought it was impacting when I the refining capacity in the United ades in this House on so many impor- learned this fact that I have just re- States is off line. Pipelines from the tant issues. I urge my colleagues to layed. We have not built a single refin- gulf to the Midwest and East Coast support both the rule and the under- ery in the country during the time pe- have also been affected by the hurri- lying legislation. Mr. Speaker, I reserve the balance of riod that our gross domestic product canes. The Colonial and Plantation pipelines serving the whole East Coast my time. has quadrupled. I think if there has Ms. SLAUGHTER. Mr. Speaker, I with refined products resumed oper- ever been an example of a great super- yield myself such time as I may con- ation not long after Hurricane Katrina. power really sitting on its laurels, it is sume. pointed out by this example. We have However, they were shut down again by (Ms. SLAUGHTER asked and was to take steps, as we are with this legis- the subsequent hurricane, Hurricane given permission to revise and extend lation that we bring to the floor today, Rita, and are still not working at full her remarks.) to maintain the necessary infrastruc- capacity. Ms. SLAUGHTER. Mr. Speaker, ture to continue being the most suc- In order to prevent the sharp price there are two fundamental problems cessful economy in the world. increases we have seen after the hurri- with the bill before us today: What it Now, any change in our refinery ca- canes, we have to make sure that we do does and what it does not to do. The pacity can cause supply constraints everything possible so that refineries, bill will not address the very real and and price spikes, especially, for exam- new refineries, are built. And if an- very immediate problems millions of ple, in the gulf coast, where we have al- other hurricane or a terrorist attack Americans are facing every day. People most 50 percent of our refinery capac- were to hit our refineries, we will still are struggling to be able to afford to ity. That is what happened when we have the capacity to produce enough drive to work in the morning, and fam- had the two natural disasters in the gasoline for the needs of our economy; ilies are wondering how they are going last weeks, hurricanes Katrina and that must be our goal. to pay to heat their homes this winter. Rita. They hit the gulf coast, causing Mr. Speaker, H.R. 3893, I am so But the GAS Act we are considering gasoline prices to rise significantly. pleased to see the author, the gen- today will not help them. This energy On August 25, Hurricane Katrina tleman from Texas (Chairman BARTON) bill, written in the midst of what is began her path of destruction. The eye here who has done a tremendous job. threatening to become the worst en- of that hurricane passed right by my He has done a tremendous amount of ergy crisis the country has ever experi- district. It was fortunately then only a hard work in a very difficult area. This enced, does nothing to help reduce the category 1 hurricane, but it hit us in is an area that you cannot alleviate, price of gasoline. South Florida; and then of course, as much less solve, this problem over- That is not me talking, the chairman we all know, it went into the Gulf of night. It requires the kind of hard of the House Committee on Energy and Mexico and became a monster storm. work, dedication, seriousness, that the Commerce, the gentleman from Texas That storm then headed towards Lou- gentleman from Texas (Mr. BARTON) (Mr. BARTON), admitted this very fact isiana and then the Mississippi gulf has demonstrated day in and day out. in the Committee on Rules yesterday. coast as a category 4, almost category We are seeing it in legislation that we He told us without taking command 5, storm. are bringing to the floor today. and control measures, this Congress Once that storm passed, we awoke to Now, this bill, H.R. 3893, will remove cannot do anything in the short term the greatest natural disaster that the some of the obstacles that have pre- to lower gas prices, even if the bill is United States has ever faced. The Mis- vented the construction of new refin- passed, and he wrote the bill. sissippi gulf coast was decimated by eries. The underlying legislation I hope every American pays atten- that deadly combination of the power- streamlines the cumbersome environ- tion to that fact because it is a very

VerDate Aug 31 2005 00:16 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.007 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8741 important one. With this bill, the Re- industry is already flush with cash, has plagued this body and ails this Na- publican leadership is telling you they just as the people of the Nation strug- tion, and I urge my colleagues to op- know there is a problem, they know gle to foot the bill. In fact, since 2001, pose this rule, this bill, and to support you are suffering, but there is nothing 4 years ago, the top five oil companies the Democratic alternative. they can do about it; but it is not true in the United States have recorded Mr. Speaker, I reserve the balance of that they cannot, it is just true that combined profits. This is important, my time. they will not. Mr. Speaker, they have reported com- Mr. LINCOLN DIAZ-BALART of There are things that this Congress bined profits of $254 billion. That is Florida. Mr. Speaker, I yield such time can do to help our fellow Americans in more money than we have spent on the as he may consume to the gentleman this time of crisis. There are measures war in Iraq, and it is split between just from California (Mr. DREIER), chairman that can be taken that will help reduce five companies. of the Committee on Rules. the price of gasoline. I know because If we were to open that figure out to (Mr. DREIER asked and was given we debated many of those measures in the entire industry, it would be even permission to revise and extend his re- the Committee on Rules just last more staggering. This is not the only marks.) night. Amendments that I and my col- way in which the Republicans are Mr. DREIER. Mr. Speaker, I rise in leagues have proposed, such as elimi- standing up today for the corporations strong support of this rule, and I thank nating the zone pricing methods em- who need help the least. Under this my friend from Miami for his superb ployed by gasoline suppliers, would bill, if an oil company wins a suit management of this, as well as the hard work he is doing upstairs as we help to mitigate the high gas prices not against a local government over the worked late last night to ensure we years down the road but now. right to build a new refinery within These amendments were rejected by that government’s jurisdiction, this could put this package together. Since he has left the floor, I want to the majority. In fact, of the 18 Demo- bill will force the locality to pay for take this time to praise the very dis- cratic amendments offered only one the court costs. tinguished chairman of the Committee was allowed. We are offering that But conversely, if the locality wins on Energy and Commerce, the gen- amendment by the gentleman from the suit, the company under this law tleman from Texas (Mr. BARTON). I do Michigan (Mr. STUPAK) as a substitute does not have to pay a dime. So if Exxon wants to build a refinery in your not want him to actually hear this, Mr. for the bill, but it begs the question, Speaker, but I want to say he has done what is the leadership doing with their backyard or near your child’s school, and you and the local community want an absolutely phenomenal job in fash- time and energy if we cannot have a ioning this very important piece of leg- real debate on how to solve these very to oppose it, it means you very well may have the pleasure of paying islation that is designed to increase real problems? our Nation’s refinery capacity. If unconcerned with the present, does Exxon’s legal fees for trying to protect your community. It is an official in- We know full well that our constitu- the bill at least offer a plan for the fu- ents are complaining, understandably, ture? Does it call for our Nation to centive for corporations to take com- munities for all they are worth and about the high cost of gasoline. It is raise its energy efficiency standards or absolutely outrageous. I am privileged for us to aggressively explore alter- then some. Next, what about price gouging? to represent the Los Angeles area, and natives fuels? Amendments that were Rather than punish this outrageous, we see prices in excess of $3.15 and $3.20 not allowed to be considered called for immoral and deeply damaging practice, a gallon. Obviously, we have seen some those things, but the GAS Act is silent the bill will place a limit on the max- relief, but it is clear if we look at the on them. imum daily fine that can be given to an history of refinery capacity, it is one Since the GAS Act will not address individual guilty of that practice. that has played a big role in exacer- the needs of the people either now or in Sadly, we are lucky this is all the bating the cost of gasoline. the years ahead, what will it do? The GAS Act will do because until late last Since 1981, we have seen the number answer is as simple as it is predictable: night, it was much worse. The legisla- of refineries in the United States of It is a give-away to the oil industry. To tion included an unjustified attack on America cut in half. It has been three justify this action, the Republican the Clean Air Act and was intent on decades since we have seen a new oil leadership first invented a problem. rolling back 30 years of progress on refinery constructed. Why? People have America needs to expand its refinery protecting the quality of air that we argued it is the oil companies that capacity, they said. This premise is du- and our children breathe. It seems that have not done this. An argument made, bious at best. being good corporate citizens and man- which is an appropriate one, is it has Edward Murphy, a refinery specialist dating that companies not pump their not been a great profit center. with the American Petroleum Insti- waste into the air we breathe and the The fact of the matter is when you tute, told The Washington Post just water we drink was just too much for have a regulatory burden which is de- yesterday there is not a shortage of ca- this leadership to ask of their energy signed to create a disincentive for the pacity in America because capacity is industry. Apparently, they would rath- construction of refineries, why would a global issue. His learned opinion was er have Americans pay for corporate anyone in the industry consider it? clearly ignored by the authors of the profits with their health. This bill is designed to address that legislation, for having invented their Thankfully, the majority was shamed issue. Our goal is clear and simple. We problem, they have already come up into removing such a provision from want to do everything within our with a solution to it: Throw the money the bill as its own rank and file ob- power to bring the cost of energy down at the oil companies, and that will in- jected to this basic assault on the for the American people. duce them to build more refineries. health of our country. Now, many have argued that this is a The simple truth of the matter is But what we are left with is still partisan bill when in fact the gen- that for three decades, oil companies deeply troubling. It is legislation that tleman from Texas (Mr. BARTON) has have not been building refineries be- is not responsive to the welfare of the turned himself inside out to try and ac- cause it has not been profitable for people and does not offer real solutions commodate concerns that Members of them to do so. In almost 30 years, no for the future. It is the kind of legisla- the minority have. The combination of oil company has applied to build one. tion produced by a Congress that has the base text of the bill and the man- By intentionally limiting the supply of forgotten who it works for, a Congress ager’s amendment, which will be in available gasoline on the market, they more concerned with corporate lobby- fact passed when we pass this rule, we keep its price up. Numerous industry ists who write bills than concerned address the concerns on heating oil put memos available to the public have ad- with the working people who struggle forward by the very distinguished gen- vocated just such an approach to busi- to deal with their consequences. It is tleman from Massachusetts (Mr. MAR- ness. the product of congressional leadership KEY), and you can go right down the Furthermore, it is impossible to seri- out of touch with the citizens of this line and look at a number of issues ously argue that throwing even more country. that were brought forward by Members money at the oil companies would This bill is a living, breathing exam- of the minority, including the gen- change their minds. The American oil ple of the culture of corruption which tleman from Illinois (Mr. RUSH), the

VerDate Aug 31 2005 00:16 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.009 H07OCPT1 H8742 CONGRESSIONAL RECORD — HOUSE October 7, 2005 gentleman from Washington (Mr. INS- feat this bill and to go back to the very spirited debate, which is what this LEE), the gentleman from Washington committee and do something meaning- body is all about. As we have that de- (Mr. DICKS), and others who have raised ful. The status quo does not work. It is bate, there are several facts that I issues of concern, and the gentleman time for a comprehensive, honest-to- think we should keep in mind. Number from Texas (Mr. BARTON) has worked goodness energy plan, and this is not one, since 1981 we have closed 176 refin- diligently to address those. it. eries in this country. That means that Mr. Speaker, it is my hope this bill Mr. LINCOLN DIAZ-BALART of we have in operation today 148. We will enjoy strong bipartisan support. It Florida. Mr. Speaker, I yield such time have closed over half of the refineries is our one opportunity, our one oppor- as he may consume to the gentleman in the United States of America in the tunity now to step forward and actu- from Texas (Mr. BARTON), distin- last 30 years. That might be acceptable ally take decisive steps to work to- guished chairman of the Committee on if the demand for their products was wards diminishing the high cost of gas- Energy and Commerce. going down; but, in fact, the opposite is oline for the American people. I strong- Mr. BARTON of Texas. Mr. Speaker, true. The demand for refined products ly support this rule and the underlying I thank the distinguished member of in our Nation is rising every year, legislation. I thank my friends for the Committee on Rules for yielding somewhere between 1 percent to 3 per- their hard work on this important me this time. cent a year. If we convert that to bar- issue. Mr. Speaker, I rise in very strong rels per day, that is somewhere be- Ms. SLAUGHTER. Mr. Speaker, I support of this rule and, of course, in tween 250,000 to 750,000 barrels a day. yield 2 minutes to the gentleman from strong support of the underlying bill, Our Nation uses 30 billion barrels of oil Massachusetts (Mr. MCGOVERN). H.R. 3893. every year. Mr. MCGOVERN. Mr. Speaker, we I want to make a few comments first Our refinery capacity has simply not have a national energy crisis now. If about the rule. We have made in order kept pace with our demand for the re- my colleagues on the other side of the the Democratic substitute. My under- fined products. The consequences were aisle do not appreciate that fact, I standing is that the Democrat sub- clear for every American to see in the would suggest that they go home to stitute is similar, if not identical, to aftermath of Katrina and Rita when their districts and listen to their con- the Democrat alternative that was put over half of our refineries shut down stituents. Instead, we are rushing a in play in the Committee on Energy temporarily and about 25 percent of flawed bill to the floor that will once and Commerce at our 16-hour markup our oil and gas production shut down. again reward the very industries that last week. So point one is our friends In some parts of the country, the price of gasoline doubled and even tripled. have gouged the American people. on the minority side are going to get It is unacceptable for anybody in this an opportunity to have their ideas on Even with most of those refineries back on line, there is still enough re- Congress to say we cannot do anything this issue addressed by the body and finery capacity disabled that the prices about the short-term crisis of high en- voted on; so that would be a very good remain somewhere between 30 to 50 ergy costs. reason for everybody to vote on the rule. cents a gallon higher than they were 0945 b Another good reason to vote for the before the hurricane. We must. That is what our constitu- rule is that the manager’s amendment So quite simply, Mr. Speaker, it is ents expect us to do. That is what we that has been incorporated into the time to invest in our energy infrastruc- should be doing today here on the base text takes into account many of ture, and one of the critical compo- floor. The cost of filling a tank of gas the issues that were debated in the nents of that is our refinery capacity. This bill would do that without putting ranges between $40 and $100. There are Committee on Energy and Commerce direct Federal dollars into it. It would workers whose wages do not com- and many of the issues that were sup- do it by eliminating the red tape that pensate for the cost of driving to and ported by our minority members of we have to go through to get a refinery from work. I have senior citizens in my that committee last week, in par- permitted. It would not eliminate or district and low- and moderate-income ticular the concerns about price reduce any environmental law on the families who are scared out of their gouging. books today, but it would create an ex- minds about how they will heat their The amendment that was adopted in pedited process that a Governor of a homes this winter. We must crack committee on price gouging last week State that wished to build a new refin- down on price gouging in the short only referred to price gouging within a ery or expand an existing one could term and find other ways to lower disaster area that had been declared by prices. This is an emergency. It re- utilize. the President of the United States, and The bill would also make it easier to quires dramatic action by the Govern- it only applied to gasoline and diesel build some new oil pipelines. We have ment of the United States. fuel. The manager’s amendment incor- not built a new oil pipeline in this In the long term, we should reduce porates many of the ideas that the gen- country in over 40 years. Again, the our reliance on foreign oil by aggres- tleman from Michigan (Mr. STUPAK) only two pipelines serving the Midwest sively pursuing renewable energy and the gentlewoman from New Mexico and the Northeast, both of those were sources, something that we should (Mrs. WILSON) on the majority side had temporarily shut down because of have been doing a long time ago. in their alternative price gouging Katrina. This bill takes some steps to What we have here in this so-called amendments. do that. ‘‘Gas Act’’ is more of the same: tax It would expand the authority of the The bill would also reduce the num- breaks to reward the bad behavior of President to allow a price gouging in- ber of boutique fuels, which currently oil and gas companies; reduced regula- vestigation outside of the disaster is over 40, down to six. If the EPA tions that compromise our commu- area. It would allow the FTC to pros- thinks that that is practical to do so, nities; and nothing, absolutely noth- ecute price gouging outside the dis- that would make these fuels more fun- ing, for the relief of our citizens. aster area if they felt that there was gible, more efficient to refine, and less Let me say to my colleagues who price gouging. It also expands the juris- expensive for the taxpayers, motorists vote for this, do not go home and tell diction of price gouging that would be of our country, to have to purchase. their constituents that they did any- under the control of the Federal Trade It also has some incentives and some thing for them because in truth they Commission from gasoline and diesel emphasis on carpooling. Carpooling is have not. When they ask them what fuel to home heating oil. And I know not a real sexy high-tech issue; but if did they do to lower the prices of gas there are very legitimate concerns in we could get one out of every three and home heating oil, they can say the Northeast and the Midwest this Americans to actually carpool on their honestly they did nothing. winter about the price and availability way to and from work, we would save Mr. Speaker, I would urge my col- of home heating oil. over 1 million barrels of oil per day, leagues to support the Stupak sub- So those are the reasons that I think which, again, reducing the demand stitute, which will deal head-on with we should vote for the rule. would reduce the cost of the gasoline. the issue of price gouging; and if that When it comes time to vote for the This is a good bill. It is a bill that fails, I would urge my colleagues to de- bill, obviously we are going to have a both sides of the aisle can support. I

VerDate Aug 31 2005 00:16 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.010 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8743 would hope that we vote for the rule and trucks that run gasoline. That could ward-looking energy policy should curb and then vote for the bill later this change some day, and I hope it does, but it our reliance on unstable foreign oil afternoon. will not change this day or this decade. markets and accelerate research for al- I want to thank the distinguished We’ve known about the problem in refinery ternative sources of energy. Committee on Rules for bringing this capacity for 30 years, and done nothing. This bill takes only nominal steps to- rule to the floor, and I look forward to Katrina and Rita demonstrated that the do- ward that goal. There is an almost working with them on this issue and nothing policy is dangerous. Today we can laughable $2.5 million for an education other issues in the future. start doing something about gasoline prices program and encouragement to Federal Mr. Speaker, I rise in strong support of this and gasoline supplies. The Energy Policy Act agencies to buy energy-efficient light rule. of 2005 will help on crude oil prices, as will fu- bulbs. This is not exactly the bold out- The House today takes an important step in ture legislation by the Resources Committee. of-the-box thinking that will free the recovering from Hurricane Katrina. With the We can increase refinery capacity today by next generation from dependence on Gasoline for America’s Security Act, we will voting ‘‘yes’’ on this rule and ‘‘yes’’ on the foreign sources of energy. Congress make our country less dependent upon im- GAS Act. needs to pause and examine our energy ports of gasoline and address high gas prices. Ms. SLAUGHTER. Mr. Speaker, I stance in a long-term strategic man- The bill increases U.S. fuel supply by en- yield 3 minutes to the gentlewoman ner. We owe that to our children and couraging new refineries and reducing the from California (Ms. MATSUI). our grandchildren. number of boutique fuels around the country. (Ms. MATSUI asked and was given I urge my colleagues to vote against We promote conservation through carpooling. permission to revise and extend her re- the rule and reject this opportunistic We also outlaw price gouging for gasoline. marks.) legislation. The bill before us today is the product of a Ms. MATSUI. Mr. Speaker, I thank Mr. LINCOLN DIAZ-BALART of markup in committee that started at 8 a.m. the gentlewoman from New York for Florida. Mr. Speaker, I yield 3 minutes and ended after midnight. It follows countless yielding me this time. to the distinguished gentleman from hearings over the last several years on gaso- I rise today in opposition to the rule Indiana (Mr. PENCE). line markets, refinery capacity, and Clean Air and the underlying bill, H.R. 3893. (Mr. PENCE asked and was given per- Act issues. Hurricane Katrina highlighted the mission to revise and extend his re- Our Nation is dangerously dependent upon failure of the Republican leadership’s marks.) tight refinery capacity and refined product im- first attempt to create a national en- Mr. PENCE. Mr. Speaker, I rise in ports. Hurricane Katrina hit in the wrong place ergy policy. We now have a second support of the rule and the underlying at the wrong time, and American consumers chance to craft a forward-looking stra- bill and commend Chairman BARTON are suffering. Offshore crude oil production tegic plan. Unfortunately, H.R. 3893 for his exceptional and timely work on was shut down. Refineries went down and are fails to do this. Instead of tackling this legislation. struggling to come on line. Oil and gasoline America’s very serious energy chal- But I also rise, Mr. Speaker, to say, pipelines were without power and couldn’t lenges, we are looking at the cast- while we respond to the energy crisis pump their product. We are paying the price at asides from the earlier legislation. I that was revealed by Hurricane the pump and must take action. therefore urge my colleagues to sup- Katrina, it is also vital that we respond I keep hearing ‘‘it doesn’t matter how much port the substitute. to the fiscal crisis that was laid bare crude oil we import if we don’t build or expand Every American now clearly sees by the hurricane as well. For what refineries.’’ Katrina proved that right when re- that our energy policy affects every- began as a hurricane of nature very fineries were damaged or unable to move their thing, from a family’s monthly budget quickly became a hurricane of spend- product. to our national security. My constitu- ing here on Capitol Hill: $60 billion ap- Mr. Speaker, our Nation has not seen a new ents, like the other Members, are pay- propriated in 6 days, paid for by simply refinery built since 1976. The bill today en- ing over $3 a gallon at the pump. Yet adding to the national debt. courages companies to come forward with H.R. 3893 does not include price Now, some of us thought we should proposals to build refineries. Many refiners gouging provisions that would suffi- pay for the big cost of Hurricane have just given up because of an endless ciently protect American consumers, Katrina by cutting Big Government; stream of red tape and the threat of nuisance particularly when we have oil compa- and this week, with the leadership of litigation. The permitting process is overly nies making as much as $80 million a President George W. Bush and the lead- cumbersome, and this bill fixes it. day. ership of the Republican majority in We want all States to be able to build refin- We owe our constituents more than Congress, we are beginning to do just eries under an expedited permitting process. empty promises on high gas prices. And that. Any Governor can request that we cut through we can do this with the substitute. It Last night, Speaker HASTERT un- the red tape. The President can designate gives the FTC real authority to inves- veiled a bold plan to cut billions of dol- Federal lands to be considered for a refinery, tigate the energy supply chain. The lars from every branch of government even a military base that is being closed. If a substitute provides for significant fines to offset the extraordinary cost of Hur- State needs to see a pipeline built to service that actually have the power to deter ricane Katrina and its aftermath. And a refinery, we let the Governor request expe- companies from gouging consumers. while the details take shape that would dited permitting, too. H.R. 3893’s shortcomings are not ex- save tens of billions of dollars through The manager’s amendment before us today clusive to its attempts at immediate an across-the-board spending cut; improves the bill further from the bill reported relief. The legislation also fails to ad- through additional entitlement sav- out of the Energy and Commerce Committee. dress our Nation’s long-term needs. ings; through a Presidential recision It extends the geographic reach of our price Constructing new facilities would in- package, the first time in this adminis- gouging provision and increases penalties for crease the Nation’s capacity to process tration; by reopening the Budget Act violations. The manager’s amendment also crude oil and soften the effects of fu- with a Budget Act amendment, the drops provisions that are very important poli- ture supply disruptions, but the oil re- first time Congress has done that since cies but which I will save for another day. finers are not interested in incentives 1977; and by ending nearly 100 outdated Nothing should stand in the way of this bill to do so. In fact, they have minimized Federal programs, we are beginning passing. capacity to maximize profit. that process as well. If you want to increase the supply of gaso- Again, Congress has a responsible al- So I rise today to say on behalf of line, you need to do two things: Increase the ternative: Establish a strategic refin- House conservatives we are pleased, supply of crude oil; and Increase refinery ca- ery reserve, a logical complement to but not content. We are encouraged, pacity. the existing Strategic Petroleum Re- but not satisfied. For while the debate In the end, the issue before us is whether serve. This would give us the increased has been difficult at times, the work of people who work for a living will get the gaso- flexibility and control to respond to fu- cutting government spending to offset line they need to go to work, at a price they ture energy disruptions. the extraordinary cost of Hurricane can afford to pay. Some seem to believe that But this legislation fails to do that; Katrina will be harder still. With more Americans will float to work on a cloud of our and worse still, it ignores the larger hurricane spending right around the good intentions. But they drive to work in cars causes of our energy security. A for- corner, I rise humbly to challenge my

VerDate Aug 31 2005 00:16 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.011 H07OCPT1 H8744 CONGRESSIONAL RECORD — HOUSE October 7, 2005 colleagues in the House and, Mr. challenging our supremacy in outer This bill is based on a false premise, the Speaker, I rise to challenge my col- space. premise that somehow our Nation’s environ- leagues in the United States Senate to President Kennedy had a plan for us mental laws stand in the way of building more be strong and courageous and do the to take on the Soviet Union. This ad- refineries around the country. Nothing could work. ministration says there is no magic be further from the truth. The Clean Air Act wand, and, if there is one, it is only to b 1000 isn’t the problem, it’s the Anti-Competitive Acts give more breaks, more environmental of the oil companies that has lead to our cur- Let us have the courage to make the breaks, more subsidies, to the oil and rent problems. Consider these facts. tough choices, to find the means to pay gas industry, which is reporting profits Since 1994, 30 refineries have been closed for the cost of Hurricane Katrina and that they admit they cannot even across the country, reducing the Nation’s refin- its aftermath through reductions in spend themselves. There is no plan ery capacity by a collective 750,000 barrels government spending. Let us do the from the Republican Party, except giv- per day. work of rebuilding our gulf coast with ing more to the largest industries that This reduction represents nearly 5% of the the compassion and the fiscal dis- have dug this hole. Nation’s current refinery production capability cipline that the American people ex- Mr. Speaker, the Republican Party is of 17.1 million barrels per day. pect from a Republican Congress. in violation of the first law of holes: Twenty-one of the 30 refineries that the re- Ms. SLAUGHTER. Mr. Speaker, I am When you are in one, stop digging. finers voluntarily closed—or 78% of the shut pleased to yield 3 minutes to the gen- What they have out here today on the down refinery capacity—were located in states tleman from Massachusetts (Mr. MAR- floor is a huge excavation device that are not on the Gulf Coast and therefore KEY). digging our country ever deeper, with- would not have been affected by Hurricanes Mr. MARKEY. Mr. Speaker, I thank out looking at automotive technology, Katrina or Rita. the gentlewoman for yielding me time. solar technology and the future of Nine of the top 10 producing refineries that The bill we are debating today is ex- technology for our country. were shut down were located outside the Gulf actly what the American people expect Mr. Speaker. I rise in opposition to the Rule Coast, including 3 in Illinois, one in Kansas, from a Republican Congress. It is a set providing for consideration of H.R. 3893, the one in Michigan, 2 in California, and 1 in of giveaways to big oil and to big gas, Gasoline for America’s Security Act of 2005.’’ Washington. while simultaneously out here on the Let me begin by saying that I’ve been in Why are these refineries being closed floor the last two speakers are calling Congress for 29 years now, and this is abso- down? for a gutting of environmental laws lutely the worst energy bill that I’ve seen in the Is it environmental regulations? No. During and cutting of Medicaid and other so- last eight weeks. this same period, the refinery industry in- cial programs for the poorest people in Moreover, the Rule that we are considering creased capacity at existing sites—with all the our country as a response to Hurri- this morning is pretty much a gag Rule. It permits and approvals granted by the EPA. canes Katrina and Rita. makes only one Substitute in order, and it The one new refinery permit application that This Republican Party is so out of bars the amendment filed by the Gentleman was submitted out in Arizona was approved by touch that it believes that the oil and from New York (Mr. BOEHLERT), myself, and the EPA in less than a year. gas industries, the wealthiest indus- the Gentlelady from California (Ms. ESHOO) to So, why did the oil companies close these tries in our country, the industries mandate new fuel efficiency standards for cars refineries? The reason is very clear. During that are tipping American consumers and SUVs. This amendment was identical to the last decade, there was a wave of mergers upside-down and shaking money out of one that I offered in the Energy and Com- in the refinery industry. The Big Oil companies their pockets, is the first bill they merce Committee, and it is unconscionable got bigger, and as they gobbled up their small- should bring to the floor to respond to that at a time when gas prices are over $3.00 er competitors, they closed down certain refin- Hurricane Katrina, even after 10 years a gallon nationwide that the Republican Lead- eries for strategic business reasons. of a conscious conspiracy on the part of ership of this House would deny the Members Oil industry documents from the mid-1990s the oil industry to shut down 30 refin- an opportunity to debate the issue of whether suggest that at that time, major players sought eries, voluntarily. or not to increase CAFE standards. to shut down refineries in order to decrease And the reason is clear. In a series of What is the Republican Leadership afraid supply and thereby drive up prices. Consider memos 10 years ago, the oil industry of? Are they afraid that the Members, if given this: said that we have too much refining ca- an opportunity to approve a measure that A 1996 Chevron internal memo stated that pacity in our country. We must shut it might actually do something to reduce gas ‘‘A senior energy analyst at the recent API down if we want to charge the con- prices, might vote for a fuel efficiency standard [American Petroleum Institute] convention sumers in our country more money. increase? We should be able to have that de- warned that if the U.S. petroleum industry That is what is going on out here on bate and vote on this issue today. doesn’t reduce its refining capacity it will never the floor, this leave-no-oilman-behind The last Energy bill that President Bush see any substantial increase in refinery mar- bill. We cannot fund leave No Child Be- signed into law way back in August was gins.’’ hind, but can leave-no-oilman, who praised by the Chairman of the Energy and A March 1996 memo from Texaco dis- today planned this complete catas- Commerce Committee, who said its boutique cussed concerns that ‘‘the most critical factor trophe that occurs because they shut fuels provisions would ‘‘make it more efficient facing the refining industry on the West Coast down 30 refineries. They shut them to use our boutique fuels’’ by reducing the is the surplus of refining capacity, and the sur- down deliberately to cause this crisis. number of these fuels ‘‘so that we have great- plus gasoline production capacity. . . . This We should be debating out here on er transportability of our boutique fuels be- results in very poor refinery margins and very the floor, which the Republicans refuse tween those regions of the country that need poor refinery financial results. Significant to do. Increasing fuel economy stand- those fuel sources.’’ events need to occur to assist in reducing ards for automobiles, they refuse to Eight weeks later, we are about to take up supplies and/or demand for gasoline.’’ even allow that debate out here on the a bill that repeals those boutique fuels provi- It seems clear that the oil industry, in clos- floor. Increasing, doubling, tripling, sions and replaces them with a completely ing 30 refineries over the course of the last quadrupling solar energy, wind energy new boutique fuels statute. Without any hear- decade, was pursuing a deliberate business out here on the floor, they refuse to ings, and without any Record, we’re just going profit-maximization strategy aimed at address- have that debate. Instead, it is this to rewrite those provisions. ing the oil industry’s ‘‘problem’’ of low profit leave-no-oilman-behind bill. Today, When the last Republican energy bill was margins in refinery operations. By closing they have failed the historic test of on the House floor in July, the Speaker of the down refineries, and by consolidating any in- preparing our country for this day. House said it ‘‘promotes greater refinery ca- creased production at existing refineries, the We are here because this party be- pacity so more gasoline will be on the market oil industry has been able to drive up their lieves that an energy policy is the and it increases gasoline supply by putting an profit margins. President holding the hand of a Saudi end to the proliferation of boutique fuels.’’ This strategy has worked out quite well for prince and taking him in for a barbecue Eight weeks later, this House is about to re- the oil industry. During the course of this year, at Crawford, that it can substitute for peal the refinery provisions the Speaker the profit margins of each of these companies the kind of plan which President Ken- praised, and replace with a whole new refinery have risen higher and higher and higher. Ac- nedy had in 1961 when the Soviets were bill. cording to a recent article in the Washington

VerDate Aug 31 2005 08:23 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K07OC7.012 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8745 Post, there’s been a 255 percent average in- sachusetts (Mr. MARKEY) asked for it, Mr. LINCOLN DIAZ-BALART of crease in refiner profit margins over the last legitimately so, and it made sense, and Florida. Mr. Speaker, I yield 3 minutes two years. Now, all of that is great news if you we put it in the bill? to the distinguished gentleman from are a shareholder in any of the big companies. Ms. SLAUGHTER. Mr. Speaker, I Pennsylvania (Mr. MURPHY). But it’s terrible news if you’re a consumer pay- yield 21⁄2 minutes to the gentleman Mr. MURPHY. Mr. Speaker, we find ing $3.00 a gallon or more to fill up the gas from Oregon (Mr. DEFAZIO). ourselves with so many things hap- tank on your car or paying a $1,000 more this Mr. DEFAZIO. Mr. Speaker, well, the pening now. We have increased gasoline winter to fill up the oil tank to heat your home. majority party is shocked, shocked prices, increased winter heating costs, So, what does this bill proposed to do? that price gouging took place in the natural gas prices are up, manufac- Is it going to impose a windfall profit tax on wake of Katrina. Of course, they turing jobs are down, all because the the big oil companies? No. turned a blind eye to the gouging of cost of energy has remained high. Our Is it going to mandate an increase in fuel ef- consumers for months and years before demand for oil has grown, our produc- ficiency standards for cars and SUVs so we that by big oil working in collusion tion simply cannot meet demands, and can begin reducing consumer demand? No. with OPEC. this has caused increased prices. We Is it going to promote investment in and de- In the last 4 years, the top five oil have increased population, and we ployment of solar and wind energy tech- companies have made $254 billion of want more manufacturers to remain in nologies that could be an alternative to natural profits. Exxon-Mobil, in the quarter be- the United States. That means that we gas? No. fore Katrina, $14 billion in one-quarter. have to do something. Is it going to give the Federal Trade Com- And this bill does nothing to provide Mr. Speaker, we do not need another mission and the State Attorneys General price relief to consumers or prevent hurricane to remind us that our energy tough new enforcement powers to go after gouging. Big oil gets a pass yet again. infrastructure is wholly inadequate. price gouging at both the wholesale and retail They are not getting as big of a gift Had we taken action to prevent our en- level? No. this time, just a pass. ergy problems years ago, we would not What this bill proposes is more giveaways They point the finger at the retail- have been vulnerable to natural disas- for the big oil and gas companies at the ex- ers. Well, with rare exceptions, the ters. For 30 years, we sat back. We did pense of consumers and the environment. gouging is not at the retail level. Pro- not want to study it. We did not want This bill shamelessly tries to exploit the ter- ducers of gas, they are getting 46 per- to take inventories. We did not want to rible human tragedy of Hurricanes Katrina and cent more, 47 cents a gallon; refiners, explore. We resisted drilling for oil or Rita to advance a radical anti-environmental they are up to 250 percent in one year, gas. We did not build refineries. We did agenda, of gutting the Clean Air Act, of gutting 70 cents a gallon. Every American is not move to develop clean coal tech- the principle of local control over land use de- paying 70 cents a gallon more to the re- nology. We did not build nuclear power cisions, all to advance an oil company agen- finers and 2 cents more on average to plants over those 30 years, while de- da. the retail people. It is not the retailers mand grew. And eventually the system The sponsors of this bill call it the GAS Act. who are price gouging. snapped. We did the same thing over In reality, it should be called the ‘‘Leave no Oil The chairman says ‘‘we have closed and over again and expected different Company Behind Act.’’ 175 refineries.’’ He can only say ‘‘we’’ if results. This is a terrible bill. It deserves to be de- he is the oil industry. The oil industry Until our refining capacity and pro- feated. has consciously colluded to close refin- duction capacity expands, our oil mar- I strongly urge a ‘‘no’’ vote on the Rule and eries to squeeze supply to drive up the kets will remain vulnerable to disrup- a ‘‘no’’ vote on final passage. price. It is the same thing Enron did in tions. We have to have increased con- Mr. LINCOLN DIAZ-BALART of California to stick it to everybody on servation measures. We have to have Florida. Mr. Speaker, it is interesting the West Coast of America. Tried and the car-pooling measures in this bill. how today is a clear example of how true. The industry has been doing that We have to have energy-efficient cars, anything, anything, is possible on this for years. but we have to have more refineries. During the last 30 years, our depend- floor. Anything can be said. That is It is not environmental laws or regu- ence or foreign energy has increased freedom. Even the most inconceivable, lation which have closed these refin- from 24 to 62 percent. How much fur- out of touch with reality statements. eries. They have been closed by merg- ther do we have to go? The American Mr. Speaker, I yield 1 minute to the ers and a conscious decision of the people understand this, and that is why gentleman from Texas (Mr. BARTON), chief operating officers and CEOs of big they support this. That is why labor the author of the legislation, the dis- oil to drive up their profits, and boy, unions support this bill. That is why tinguished chairman of the Committee have they done that. Unfortunately, it we have to move this forward. on Energy and Commerce. is about to destroy small businesses The Gasoline for America’s Security Mr. BARTON of Texas. Mr. Speaker, and consumers across America. Act builds on the Energy Policy Act of I want to thank the distinguished gen- But they still cannot take them on. 2005 and keeps us moving in the right tleman from Florida for yielding me They cannot take on their benefactors direction. It addresses a great deal of time. here on the floor. The President offered what we need, the use of biomass de- Mr. Speaker, I want to point out one last year to let Valero or anybody else bris, car pooling, van pooling, require- thing to the body: There is one thing in build a new refinery on a closed mili- ments to direct the FTC to conduct an this bill, one thing, that scores as a tary base, waiving all environmental investigation into nationwide gasoline cost by the Congressional Budget Of- laws, and the chief operating officer of prices, and it does include anti-price- fice. One thing. Do you know what it Valero, stock up 263 percent in one gouging measures. is? It is the Markey amendment that year, you thought Google was doing The other side says repeatedly it is we accepted in committee to increase good, he said, why would we do that? It not in there, but it does. It has anti- the home heating oil reserve from 2 is working really well the way it is. It price-gouging measures and enforce- million barrels to 5 million barrels. We is phenomenally profitable for them ment for gasoline, for diesel, for home accepted it because the gentleman and the few others who still operate re- heating oil, for crude oil. It is massive. from Massachusetts has a legitimate fineries. There will be a temptation to blame concern about the plight of people that We need real help for Americans, the high gas prices on the storms alone need home heating oil in the northeast. short-term relief against price gouging, or to use politics to block this. But the We accepted his amendment to in- take on OPEC in the World Trade Orga- American people understand, you can- crease the reserve by 150 percent. That nization. And then we need longer-term not drive a car with politics in your is the only thing in the bill before us new technology, new fuels, more effi- tank or heat a home with politics. that the CBO has scored. ciency, true energy independence for I support the rule and this bill. Now, is that a giveaway to big oil? Is the United States of America from big Ms. SLAUGHTER. Mr. Speaker, I that some kind of a payoff to industry? oil and the Saudi and the OPEC car- yield 2 minutes to the gentleman from Or is that a legitimate need of the tels. That would be something for the New York (Mr. HINCHEY). American people that we put into the American people. You are not doing Mr. HINCHEY. Mr. Speaker, one of bill because the gentleman from Mas- that. the things that you can say about the

VerDate Aug 31 2005 00:16 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.005 H07OCPT1 H8746 CONGRESSIONAL RECORD — HOUSE October 7, 2005 way in which the national Republican nating Federal property as suitable for We need to take a new course. We can Party has handled America’s energy a refinery. So there is no requirement start with the windfall profits tax, but problem is that they are being very that there be an opportunity for citizen we have to go beyond that. We need to consistent, and that goes back to the input. look at alternative energy, the power first moment when they controlled The sponsors of the bill did bar the of the sun. Sunlight is a disinfectant in both the Congress and the White President from designating lands that many ways, but it is also a powerful House; when the President, charged by are part of the National Park System, energy source. We need wind power, we the Bush administration to develop an the National Wilderness System and need geothermal, we need to tap all energy policy, did the natural thing for national monuments. available technologies to take us in a new direction where the globe itself is them, brought in the energy companies b 1015 to tell them what kind of policy we not at stake. should have. That attitude is reflected But they failed to place language in What a disgrace it is that we put the in this bill, as well as the one that this the bill that would protect millions of lives and the existence of the Gwitchin Congress passed last July. They are acres of other equally sensitive lands, Indians in Alaska at risk for more oil. both deferential to the energy compa- including national forests, the Na- What a disgrace it is that we violate nies at the expense of the American tional Wildlife Refuge System, Na- people’s human rights for more oil. people. Everything goes to the energy tional Conservation Areas, Wilderness What a disgrace it is that we are not companies; nothing goes to the Amer- Study Areas, the National Wild and taking a new direction, not just to save ican people. Scenic River System, the National the planet, but to save democracy. The energy companies last year, the Trail System, and the National Land- Vote down the bill. oil companies, made record profits, scape Conservation System. PUBLIC CITIZEN, more than $125 billion. One corporation I offered an amendment that was Washington, DC, October 5, 2005. turned back by the Committee on DEAR REPRESENTATIVE: On Friday, October alone made more than $25 billion in 7 the House will consider H.R. 3893, the ‘‘Gas- profits in 2004. Their profits in 2005 are Rules that would have protected these oline for America’s Security (GAS) Act of even higher, while the American people lands which have been set aside for the 2005.’’ This bill takes the approach that envi- struggle to get back and forth to work American people. I cannot imagine why ronmental laws must be weakened in order because of the price of gasoline and as a President would want to clear the to encourage the U.S. refining industry to they will struggle this winter to heat path for building a new refinery in expand or construct new refining capacity. Chincoteague, Virginia; the Great Bay This is false. The facts clearly show that not their homes to try to stay safe and se- only are current environmental laws in place cure. Lives will be lost because of the Refuge in New Hampshire; or in Arkan- sas’s Cache River Refuge. My question at a time when the refining industry is expe- way in which the national Republican riencing record profits, but that recent, fun- Party is handling this energy problem. is, why would Congress want to give damental changes to the refining industry— In order to justify gasoline being sold him the chance? namely recent mergers—have created finan- at $3 a gallon under a free, open mar- Vote against the rule. This is a bad cial incentives for refineries to encourage ket, you would have to have oil priced bill for the American people. tight supplies. Until these market fundamen- at $95 a barrel. But we do not have a Ms. SLAUGHTER. Mr. Speaker, I tals—and not environmental rules—are cor- yield 2 minutes to the gentleman from rected, Americans will continue to be price- free and open market, even though the gouged by oil companies. Ohio (Mr. KUCINICH). Republicans claim we do. We have a This week, the national average gasoline market that is controlled by the oil Mr. KUCINICH. Mr. Speaker, first of price hit $2.93/gallon, up 50 percent from a companies, for the oil companies and all, at the appropriate time, I will year ago. These prices were well on their against the interests of the American enter some extraneous information way to hitting record highs long before Hur- people, and all of that is conspired and into the RECORD. ricane Katrina. Oil and gasoline prices were entered into by the national Repub- Mr. Speaker, it is very clear when we rising long before Hurricane Katrina wreaked havoc. U.S. gasoline prices jumped lican Party, in the White House and in look at what has happened in the last few years where we have had a number 14 percent from July 25 to August 22. this Congress as well. The problem is that too few oil companies That is what we are seeing here of mergers of oil companies, the top control too much of the refineries, squelch- today in the context of this legislation: five oil companies, I believe, now domi- ing competition but guaranteeing record More for the oil companies, less for nate more than a third of the market. profits for the industry. Americans. Struggle, struggle, struggle As a result, we see that prices keep in- In 1993, the 5 largest U.S. oil refining com- for the American worker; struggle, creasing as market concentration in- panies controlled 34.5 percent of domestic oil refinery capacity; the top 10 companies con- struggle, struggle for the American creases. This is a clear example of what happens when monopolies dominate an trolled 55.6 percent. By 2004, the top 5— family, while huge profits are given to ConocoPhillips, Valero, ExxonMobil, Shell the oil companies over and over again. economy. We have high prices, and we and BP—controlled 56.3 percent and the top It has got to stop. Defeat this rule, de- also have manipulation of supplies, in- 10 refiners controlled 83 percent. As a result feat the bill, pass the Stupak sub- creased profits; and now we have price of all of these recent mergers, the largest 5 stitute. gouging. oil refiners today control more capacity than Ms. SLAUGHTER. Mr. Speaker, I am With this manipulation of supply, we the largest 10 did a decade ago. This dra- pleased to yield 2 minutes to the gen- are also seeing an attempt today to at- matic increase in the control of just the top 5 companies makes it easier for oil compa- tlewoman from California (Ms. ESHOO). tack our environmental laws. That nies to manipulate gasoline prices. Ms. ESHOO. I thank our distin- puts us in a position where we sacrifice The proof is in the numbers. According to guished ranking member for yielding not only the standard of living of many the Energy Information Administration, me time. Americans to the oil companies but profit margins for U.S. oil refiners have been Mr. Speaker, I rise in opposition to now we are sacrificing the environment at record highs. In 1999, U.S. oil refiners the rule. I want to point out something itself. made 22.8 cents for every gallon of gasoline that is in the underlying bill which au- I think that many Americans are al- refined from crude oil. By 2004, they were thorizes the President to designate ready aware that one of the reasons making 40.8 cents for every gallon of gaso- Federal lands that might be suitable that we are in Iraq is because of oil. I line refined, a 79 percent jump. And the Washington Post noted that those profit for the construction of an oil refinery. mean, very few people would dispute margins have soared even higher in 2005, to Once he has made a designation, the that now. There were no weapons of 99 cents on each gallon sold, for a more than land must be leased for the construc- mass destruction, they are not going to 300 percent increase since 1999. tion of a refinery. The refinery would have a democracy there, but the ad- It is no coincidence that oil corporation be permitted under expedited proce- ministration is preparing to stay there profits—including refining—are enjoying dures with limited judicial review. Al- for the long haul, and it is because of record highs. Since 2001, the largest 5 oil re- though the manager’s amendment re- oil. Oil is corrupting this government. finers in America have recorded $228 billion in profits. quires the President to conduct an Oil is costing us peace in the world. Oil And will the environmental regulations analysis of the suitability of the site, is putting us on a path to economic make it easier to build new refineries? No, there is no obligation that he take the ruin. Oil is dominating this political because the financial structure of the refin- analysis into account before desig- process right now. ing industry is what is prohibiting additional

VerDate Aug 31 2005 03:35 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.017 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8747 investment. That’s because the industry is prices will come down; but then we and Hurricane Rita in the gulf coast. making record profits off of the current tight have to have, we have to have the re- The human and environmental costs of supplies. They have no interest in creating fineries to refine it. these disasters are unimaginable. But surplus capacity because that will erode To not pass this bill today is a trag- their profit margins. as in any catastrophe, there is always Want proof? Start with the U.S. Federal edy. I am going to support this rule, somebody waiting in the wings to Trade Commission. In March 2001, FTC con- even though my amendment that I make a profit off the human misery cluded in its Midwest Gasoline Price Inves- think was very important to open up and suffering. Today, once again, it is tigation: supply was not allowed to be a part of the energy companies. This adds insult ‘‘. . . A significant part of the supply re- it. to injury. We just gave them over $12.8 duction was caused by the investment deci- I want to tell my colleagues, natural sions of three firms . . . One firm increased billion in subsidies and tax breaks 2 its summer-grade RFG [reformulated gaso- gas is an issue that this Congress has months ago, and now they are back line] production substantially and, as a re- to deal with. We have to deal with the asking for more help. Why? sult, had excess supplies of RFG available supply of oil and gas both. We have to The top 10 energy companies last and had additional capacity to produce more deal with having the capacity to proc- year made over $125 billion. Why RFG at the time of the price spike. This firm ess and provide the products. This win- should the American public be sub- did sell off some inventoried RFG, but it lim- ter, home heating oil is going to be in sidizing these megaprofits? Once again, ited its response because selling extra supply very short supply. In some markets, it would have pushed down prices and thereby instead of allowing us to take a real reduced the profitability of its existing RFG will be way higher than others because stand to address our short-and long- sales. An executive of this company made it is not an even distribution system. term energy needs, the Committee on clear that he would rather sell less gasoline But natural gas is the one thing that Rules has reported a restrictive rule and earn a higher margin on each gallon sold we have to deal with this fall, in my that rejects consideration of many than sell more gasoline and earn a lower view, because natural gas has not dou- amendments which would have made margin. Another employee of this firm raised bled; it is 700 percent more. We are this bill much better. concerns about oversupplying the market going to endanger home heating. We and thereby reducing the high market prices. Despite a recent survey indicating are going to endanger major industries that 86 percent, 86 percent of Ameri- A decision to limit supply does not violate who are natural gas-intensive. We have the antitrust laws, absent some agreement cans favor an increase in fuel economy among firms. Firms that withheld or delayed companies who use it. Polymers, plas- standards, the Committee on Rules shipping additional supply in the face of a tics, petrochemicals, fertilizers use prevented, prevented consideration of price spike did not violate the antitrust natural gas as an ingredient and as a the Boehlert-Markey amendment laws. In each instance, the firms chose strat- fuel. They cannot afford $14 and $15 which would do just that. We were pre- egies they thought would maximize their natural gas. They will leave American vented from considering the Gas Price profits.’’ shores. Spike Act of 2005 offered as an amend- So, that settles it: U.S. oil refineries would My brick companies are closing down rather sell less gasoline and earn bigger prof- ment by the gentleman from Ohio (Mr. its than flood the market and earn lower until it gets less costly. The last plant KUCINICH), the gentleman from New profit margins. So gutting environmental they are shutting down because they York (Mr. HINCHEY), the gentleman laws, as H.R. 3893 proposes, will do nothing cannot properly make glass and com- from Arizona (Mr. GRIJALVA), and my- to expand refining capacity, but it will re- pete with these natural gas prices. It is self. It would have discouraged price duce public health protections for Ameri- the one we have where we can be to- gouging by implementing a windfall cans. tally self-sufficient in this country on And a May 2004 U.S. Government Account- tax on oil and gasoline profits. And we the clean fuel natural gas that fuels were also prevented from considering ability Office report agreed with Public Cit- our industry, heats our homes, heats izen that recent mergers in the oil industry the Larson-Slaughter amendment have directly led to higher prices. It is im- our schools, heats our hospitals. which would have put an end, an end to portant to note, however, that this GAO re- Folks, let us not go home this fall gasoline price discrimination based on port severely underestimates the impact until we deal with natural gas. location, creating a free market for mergers have on prices because their price Ms. SLAUGHTER. Mr. Speaker, I gasoline dealers. analysis stops in 2000—long before the merg- yield 30 seconds to the gentleman from Our current energy strategy will only ers that created ChevronTexaco, Michigan (Mr. STUPAK) for the purpose further increase our dependence on for- ConocoPhillips, and Valero-Ultramar/Dia- of asking a question to the previous eign oil. We must break this chain by mond Shamrock-Premcor. speaker. Rolling back environmental laws will do implementing a strategy of energy Mr. STUPAK. Mr. Speaker, the gen- nothing to lower prices, but it will weaken independence and defeat this giveaway tleman from Pennsylvania makes a public health protections for Americans. to the oil industry. good point, but if you look at today’s Sincerely, Vote for a new strategy, not more of TYSON SLOCUM, Washington Post, ‘‘Natural Gas Danger Public Citizen’s Energy Program. Signs,’’ they talk about a 90 percent in- the same. We must oppose this rule and Mr. LINCOLN DIAZ-BALART of crease in natural gas. Higher costs support the Stupak substitute. Florida. Mr. Speaker, after hearing threaten our economic growth in U.S. Mr. LINCOLN DIAZ-BALART of more prophecies of pessimism, I yield 2 manufacturing. Here is USA Today: Florida. Mr. Speaker, I reserve the bal- minutes to the distinguished gen- ‘‘Staying Warm Costs Up 90 Percent ance of my time. tleman from Pennsylvania (Mr. PETER- More.’’ Ms. SLAUGHTER. Mr. Speaker, I SON). There is no way you are going to vote yield 3 minutes to the gentleman from Mr. PETERSON of Pennsylvania. Mr. for the Barton bill, the main bill, if you California (Mr. WAXMAN). Speaker, I thank the gentleman for believe the price of natural gas is too Mr. WAXMAN. Mr. Speaker, the Re- yielding me this time. I rise, after lis- high. If you believe everything the gen- publican leadership has done it. They tening to the last two or three speak- tleman from Pennsylvania said, you have turned the House of Representa- ers, because we are short of energy in would vote against the Barton bill, be- tives into a banana republic. We have a this country because we have locked up cause it does not include natural gas. bill on the floor today that had no our energy. We are short of energy in Only the Democratic substitute, the hearings. It had no subcommittee this country because we have built no Stupak-Boucher bill does. markup. It was rushed through the refineries to process the oil that we Ms. SLAUGHTER. Mr. Speaker, I committee without any attempt to find purchase now from Third World coun- yield 2 minutes to the gentlewoman a compromise. tries. from California (Ms. LEE). A few hours ago, in the dark of night, We cannot shut down supply; we can- Ms. LEE. Mr. Speaker, I want to the bill was rewritten. There is not one not shut down our capacity or not in- thank the gentlewoman for yielding me Member who really understands every- crease our capacity with the growing this time and for her leadership. thing that is in this bill or understands need and not have high prices. When we I rise in strong opposition to this what this bill will really do. But there restrict supply, we give the power to very restrictive rule. Now, we are all are dozens of cronies and special inter- the big companies. When we bring on touched by the magnitude of the devas- est lobbyists smiling this morning be- supply, our market system works, and tation caused by Hurricane Katrina cause they know the fix is in.

VerDate Aug 31 2005 03:35 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.020 H07OCPT1 H8748 CONGRESSIONAL RECORD — HOUSE October 7, 2005 The Republican leadership is so Ms. SLAUGHTER. Mr. Speaker, I re- come accustomed to, and so we would scared of open debate and the demo- serve the balance of my time. ask all colleagues to support the under- cratic process that they will not allow Mr. LINCOLN DIAZ-BALART of lying legislation as well as the rule. the bill’s provisions to be debated or Florida. Mr. Speaker, how much time Ms. EDDIE BERNICE JOHNSON of Texas. amended. They only will permit one remains? Mr. Speaker, I rise today to express my dis- amendment to one of the most anti-en- The SPEAKER pro tempore. The gen- appointment and opposition to the Rule re- vironmental, backward, and intellectu- tlewoman from New York (Ms. SLAUGH- garding H.R. 3893. ally dishonest bills that has ever come TER) has 11⁄2 minutes remaining. The The Gasoline Security Act, as reported by before the House. And that may not be gentleman from Florida (Mr. LINCOLN the Committee on Energy and Commerce, in- the worst of it, because the Republican DIAZ-BALART) has 2 minutes remaining. cludes language that takes away States’ rights leadership is trying to do all of this in Mr. LINCOLN DIAZ-BALART of to have State decisions on Clean Water Act the name of Katrina. Florida. Mr. Speaker, I yield 11⁄2 min- permits and water quality related to the place- America watched with horror as this utes to the gentleman from Texas (Mr. ment of refineries and pipelines decided in hurricane struck. The damage was im- BARTON), the author of the legislation. State courts. Instead, the Gasoline Security mense, and so was our responsibility in Mr. BARTON of Texas. Mr. Speaker, Act overturns 33 years of successful State/ Congress to do all we can to help those I want to try to respond to some of the Federal partnership and forces States to de- who have been displaced rebuild their comments that have been made. One fend their actions in the U.S. Court of Appeals lives. But that is what makes this leg- comment that has been made is that for the District of Columbia. islation so shameful. At a time of des- the U.S. oil companies somehow con- In the absence of this provision, challenges perate need and profound responsi- trol the market. We consume 21 mil- to State decisions would be brought in State bility, the response of Washington Re- lion barrels a day of oil in this country. courts as they always have. publicans is crass opportunism. We only produce 8 million barrels a The Gasoline Security Act dilutes State au- The bill will not help a single victim day. We import 1 million to 2 million thority to protect water quality. I offered an of Katrina. It will do nothing to help barrels a day from Saudi Arabia. We amendment that would have prevented this di- lower gas prices. Instead, Washington import a million barrels a day from lution; unfortunately it was not make in order. Republicans are using the devastation Venezuela. We import a half a million Section 401 of the Clean Water Act requires caused by the hurricanes to stampede barrels a day from Libya. We import that before any Federal permit or license is Congress into undermining our envi- some oil, believe it or not, from Iraq. issued that could result in a discharge into the ronmental laws. We import a million barrels a day from State’s waters, the State in which the dis- Exploitation is an ugly word, but Mexico. charge would occur must issue a certification that is what this is. I would urge Mem- One thing the U.S. oil companies do that the proposed activity is consistent with the bers to vote against the rule and, more not do is control the market. They do State’s water quality standards. importantly, vote against this bill. It accept a world market price. The rea- Such a certification must be issued within a is a shameful piece of legislation. It is son the price of oil is high is because reasonable time (not more than one year), and the legislative equivalent of price the world is using about 84 million bar- if the certification is denied, the Federal permit gouging, and the American people de- rels of oil a day and the world is pro- or license may not be issued. This authority is the States’ ability to ensure serve better, and we can do better. ducing about 84 million barrels of oil a a role in Federally-permitted activity within the Mr. LINCOLN DIAZ-BALART of day. Florida. Mr. Speaker, I yield 1 minute State’s borders. 1030 to the distinguished gentleman from b The provisions contained in both the refinery and pipeline titles of the Gasoline Security Act Georgia (Mr. WESTMORELAND). Economies like China and India are Mr. WESTMORELAND. Mr. Speaker, growing at 2 to 3 to 4 to 5 percent a are modeled on a similar provision in the re- I hope the American people are watch- year. The amount of oil that China is cently enacted Energy Policy Act. This lan- ing this debate; and if they are watch- going to need from the world market in guage was inserted in response to a specific ing this debate on TV, I hope they have the next year is expected to go up per- case in Connecticut where the business com- a video recorder, because they need to haps as much as a million barrels a munity wanted to construct a pipeline over record this debate. day. So that is one reason the oil prices State and public objections. When you are talking in your church are high. The proponents of the pipeline believe that or in your home or where you work The gentleman from Michigan (Mr. Federal courts will be less deferential to Con- about high fuel prices, you can play STUPAK) comments that his price necticut’s position in denying the water quality this and let people see why we have the gouging amendment does something on certification. In fact, less than two hours after prices that we have right now; why natural gas. That is true. I would like President Bush signed the Energy Policy Act, they are going to be paying more for to point out that every State PUC in Islander East Pipeline Co. went to the Federal home heating oil; why they are paying the country already regulates the re- Appeals Court seeking to overturn Connecti- more for gasoline, because this side of tail price of natural gas, so in that par- cut’s decision. I urge my colleagues and members of the the aisle over here does not understand ticular instance, I am not sure that his Rules Committee to help stop the trampling of the problems that we have in this amendment would do much good. The the States’ rights to defend the quality of the country. pending bill does have a provision to environment and public health by making in Play it; listen to it. You are an indi- get information from the gathering order my amendment to modify these provi- vidual out there. You can car pool if systems, the Gulf of Mexico for natural you want to. If you want to buy a car sions from H.R. 3893. gas production, which is something Mr. LINCOLN DIAZ-BALART of that gets 50 miles to the gallon, they that we do not have under current law. Florida. Mr. Speaker, I yield back the make them every day. You can go buy With that I would just ask us to vote balance of my time, and I move the them by the hundreds. If you want to for the rule. previous question on the resolution. buy a car that gets 10 miles to the gal- Ms. SLAUGHTER. Mr. Speaker, I The previous question was ordered. lon, that is up to you. You are an indi- yield back the balance of my time. The SPEAKER pro tempore (Mr. vidual, and you have individual respon- Mr. LINCOLN DIAZ-BALART of SIMPSON). The question is on the reso- sibilities. Florida. Mr. Speaker, this is an impor- lution. Let us quit blaming the people who tant piece of legislation that the gen- The question was taken; and the are trying to be leaders in this country tleman from Texas (Mr. BARTON) has Speaker pro tempore announced that and put us on the right track for an en- brought forward today. I urge support the ayes appeared to have it. ergy policy. of the rule. I urge that we reject the ar- Ms. SLAUGHTER. Mr. Speaker, I ob- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE guments we have heard from the proph- ject to the vote on the ground that a The SPEAKER pro tempore (Mr. ets of pessimism. This is an important quorum is not present and make the SIMPSON). The Chair would advise piece of legislation to keep the econo- point of order that a quorum is not Members to address their remarks to my’s infrastructure in place for sus- present. the Chair and not to guests in the gal- tained economic growth and for the The SPEAKER pro tempore. Evi- lery or the television audience. lifestyle that this great Nation has be- dently a quorum is not present.

VerDate Aug 31 2005 03:35 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.020 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8749 The Sergeant at Arms will notify ab- Capps Jackson-Lee Pelosi THE JOURNAL sent Members. Capuano (TX) Peterson (MN) Cardin Jefferson Pomeroy The SPEAKER pro tempore. Pursu- Pursuant to clause 8 of rule XX, this Cardoza Johnson (IL) Price (NC) ant to clause 8 of rule XX, the pending 15-minute vote on adoption of House Carnahan Johnson, E. B. Rahall business is the question of agreeing to Resolution 481 will be followed by a 5- Carson Jones (OH) Rangel Case Kanjorski the Speaker’s approval of the Journal minute vote on approval of the Jour- Reyes Castle Kaptur Ross on which the yeas and nays are or- nal. Chandler Kennedy (RI) Rothman dered. The vote was taken by electronic de- Cleaver Kildee Roybal-Allard Clyburn Kilpatrick (MI) The question is on agreeing to the Ruppersberger vice, and there were—yeas 216, nays Conyers Kind Rush Speaker’s approval of the Journal. 201, not voting 16, as follows: Cooper Kucinich Ryan (OH) This will be a 5-minute vote. Costa Langevin [Roll No. 515] Sabo Costello Lantos The vote was taken by electronic de- YEAS—216 Cramer Larsen (WA) Salazar vice, and there were—yeas 348, nays 63, ´ Crowley Larson (CT) Sanchez, Linda Aderholt Gillmor Northup not voting 22, as follows: Cuellar Leach T. Akin Gingrey Nunes Cummings Lee Sanchez, Loretta [Roll No. 516] Alexander Gohmert Nussle Davis (AL) Levin Sanders Bachus Goode Osborne YEAS—348 Davis (CA) Lewis (GA) Schakowsky Baker Goodlatte Otter Davis (FL) Lipinski Schiff Abercrombie Davis (IL) Inslee Barrett (SC) Granger Oxley Davis (IL) Lofgren, Zoe Schwartz (PA) Aderholt Davis (TN) Issa Bartlett (MD) Graves Paul Davis (TN) Lowey Scott (GA) Akin Davis, Jo Ann Istook Barton (TX) Green (WI) Pearce DeFazio Lynch Scott (VA) Alexander Davis, Tom Jackson (IL) Bass Gutknecht Pence DeGette Maloney Serrano Allen DeGette Jackson-Lee Biggert Hall Peterson (PA) DeLauro Markey Shays Baca DeLauro (TX) Bilirakis Harris Petri Dicks Marshall Bachus DeLay Jefferson Bishop (UT) Hart Sherman Pickering Dingell Matheson Baker Dent Jenkins Blackburn Hastings (WA) Skelton Pitts Doggett Matsui Barrett (SC) Diaz-Balart, L. Jindal Blunt Hayes Slaughter Platts Doyle McCarthy Bartlett (MD) Diaz-Balart, M. Johnson (CT) Boehner Hayworth Smith (WA) Pombo Edwards McCollum (MN) Barton (TX) Dicks Johnson (IL) Bonilla Hefley Snyder Porter Emanuel McDermott Bass Dingell Johnson, E. B. Bonner Hensarling Solis Price (GA) Engel McGovern Bean Doggett Johnson, Sam Bono Herger Spratt Pryce (OH) Eshoo McIntyre Becerra Doolittle Jones (NC) Boozman Hobson Stark Putnam Etheridge McKinney Berkley Doyle Jones (OH) Boustany Hoekstra Strickland Radanovich Evans McNulty Berman Drake Kanjorski Bradley (NH) Hostettler Stupak Ramstad Farr Meehan Biggert Dreier Kaptur Brady (TX) Hulshof Tanner Regula Fattah Meek (FL) Bilirakis Duncan Keller Brown (SC) Hunter Tauscher Rehberg Filner Meeks (NY) Bishop (GA) Ehlers Kelly Brown-Waite, Hyde Taylor (MS) Reichert Ford Melancon Bishop (NY) Emanuel Kennedy (RI) Ginny Inglis (SC) Thompson (CA) Renzi Frank (MA) Menendez Bishop (UT) Emerson Kildee Burgess Issa Thompson (MS) Reynolds Gonzalez Michaud Blackburn Engel Kilpatrick (MI) Burton (IN) Istook Tierney Rogers (AL) Gordon Millender- Blumenauer Eshoo Kind Buyer Jenkins Rogers (KY) Green, Al McDonald Towns Blunt Etheridge King (IA) Calvert Jindal Rogers (MI) Green, Gene Miller (NC) Udall (CO) Boehlert Everett King (NY) Camp Johnson (CT) Rohrabacher Grijalva Miller, George Udall (NM) Boehner Farr Kingston Cannon Johnson, Sam Ros-Lehtinen Gutierrez Mollohan Van Hollen Bonilla Fattah Kirk Cantor Jones (NC) Ryan (WI) Harman Moore (KS) Vela´ zquez Bonner Feeney Kline Capito Keller Ryun (KS) Herseth Moore (WI) Visclosky Bono Ferguson Knollenberg Carter Kelly Saxton Higgins Moran (VA) Wasserman Boozman Flake Kolbe Chabot Kennedy (MN) Schmidt Hinchey Murtha Schultz Boren Foley Kuhl (NY) Chocola King (IA) Sensenbrenner Hinojosa Nadler Waters Boucher Forbes LaHood Coble King (NY) Sessions Holden Napolitano Watson Boustany Ford Langevin Cole (OK) Kingston Shadegg Holt Oberstar Watt Boyd Fortenberry Lantos Conaway Kirk Shaw Honda Obey Waxman Bradley (NH) Foxx LaTourette Crenshaw Kline Sherwood Hooley Ortiz Weiner Brady (TX) Frank (MA) Leach Cubin Knollenberg Shimkus Hoyer Owens Wexler Brown (OH) Franks (AZ) Lee Culberson Kolbe Inslee Pallone Woolsey Brown (SC) Frelinghuysen Levin Cunningham Kuhl (NY) Shuster Israel Pascrell Wu Brown, Corrine Gallegly Lewis (GA) Davis (KY) LaHood Simpson Smith (NJ) Jackson (IL) Pastor Wynn Brown-Waite, Garrett (NJ) Lewis (KY) Davis, Jo Ann Latham Ginny Gerlach Lipinski Davis, Tom LaTourette Smith (TX) NOT VOTING—16 Sodrel Burgess Gibbons Lofgren, Zoe DeLay Lewis (CA) Burton (IN) Souder Beauprez Hastings (FL) Royce Gilchrest Lowey Dent Lewis (KY) Butterfield Gillmor Lucas Stearns Boswell Neal (MA) Schwarz (MI) Diaz-Balart, L. Linder Buyer Gingrey Lungren, Daniel Sullivan Clay Norwood Simmons Diaz-Balart, M. LoBiondo Calvert Gohmert E. Sweeney Deal (GA) Olver Young (AK) Doolittle Lucas Camp Gonzalez Mack Tancredo Delahunt Payne Drake Lungren, Daniel Cannon Goode Manzullo Taylor (NC) Fitzpatrick (PA) Poe Dreier E. Cantor Goodlatte Marchant Terry Duncan Mack Capito Gordon Matsui Thomas b 1055 Ehlers Manzullo Capps Granger McCaul (TX) Thornberry Emerson Marchant Messrs. CARNAHAN, WYNN and Cardin Green (WI) McCollum (MN) Tiahrt English (PA) McCaul (TX) KENNEDY of Rhode Island changed Cardoza Green, Al McCrery Tiberi Everett McCotter Carnahan Green, Gene McGovern Turner their vote from ‘‘yea’’ to ‘‘nay.’’ Feeney McCrery So the resolution was agreed to. Carson Grijalva McHenry Ferguson McHenry Upton Carter Gutierrez McHugh Flake McHugh Walden (OR) The result of the vote was announced Case Hall McIntyre Foley McKeon Walsh as above recorded. Castle Harman McKeon Forbes McMorris Wamp A motion to reconsider was laid on Chabot Harris McKinney Fortenberry Mica Weldon (FL) Chocola Hart McMorris Fossella Miller (FL) Weldon (PA) the table. The SPEAKER pro tempore (Mr. Cleaver Hastings (WA) Meehan Foxx Miller (MI) Weller Clyburn Hayes Meek (FL) Franks (AZ) Miller, Gary Westmoreland SIMPSON). Without objection, the title Coble Hayworth Meeks (NY) Frelinghuysen Moran (KS) Whitfield is amended to conform to the number Cole (OK) Hensarling Menendez Gallegly Murphy Wicker of the bill reflected in the text. Conaway Herger Mica Garrett (NJ) Musgrave Wilson (NM) Conyers Herseth Michaud Gerlach Myrick Wilson (SC) There was no objection. Cooper Higgins Millender- Gibbons Neugebauer Wolf f Costa Hinojosa McDonald Gilchrest Ney Young (FL) Cramer Hobson Miller (FL) MESSAGE FROM THE SENATE Crenshaw Hoekstra Miller (MI) NAYS—201 A message from the Senate by Ms. Crowley Holden Miller (NC) Abercrombie Bean Boehlert Cubin Honda Miller, Gary Ackerman Becerra Boren Curtis, one of its clerks, announced Cuellar Hooley Mollohan Allen Berkley Boucher that the Senate has passed a bill of the Culberson Hostettler Moore (KS) Andrews Berman Boyd following title in which the concur- Cummings Hoyer Moore (WI) Baca Berry Brady (PA) Cunningham Hulshof Moran (VA) Baird Bishop (GA) Brown (OH) rence of the House is requested: Davis (AL) Hunter Murphy Baldwin Bishop (NY) Brown, Corrine S. 1858. An act to provide for community Davis (CA) Hyde Murtha Barrow Blumenauer Butterfield disaster loans. Davis (FL) Inglis (SC) Musgrave

VerDate Aug 31 2005 03:35 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.024 H07OCPT1 H8750 CONGRESSIONAL RECORD — HOUSE October 7, 2005 Myrick Reichert Smith (TX) call up the bill (H.R. 3893) to expedite refined product by 2025 to satisfy increasing Nadler Renzi Smith (WA) the construction of new refining capac- demand. Napolitano Reyes Snyder (2) While the number of American refin- Neugebauer Reynolds Sodrel ity in the United States, to provide re- Ney Rogers (AL) Solis liable and affordable energy for the eries in operation has reduced over the last Northup Rogers (KY) Souder American people, and for other pur- 20 years, much of the resulting lost capacity Nunes Rogers (MI) Spratt has been replaced by gains from more effi- poses, and ask for its immediate con- Nussle Rohrabacher Stearns cient refineries. Obey Ros-Lehtinen Sullivan sideration in the House. (3) Hurricanes Katrina and Rita substan- Ortiz Ross Tancredo The Clerk read the title of the bill. Osborne Rothman Tanner tially disrupted petroleum production, refin- Otter Roybal-Allard Taylor (NC) The SPEAKER pro tempore (Mr. ing, and pipeline systems in the Gulf Coast Owens Ruppersberger Terry LAHOOD). Pursuant to House Resolu- region, impacting energy prices and supply Oxley Rush Thomas tion 481, the bill is considered read. nationwide. In the immediate aftermath of Pallone Ryan (OH) Thornberry The text of the bill is as follows: Katrina alone, United States refining capac- Pascrell Ryan (WI) Tiahrt Pastor Ryun (KS) Tiberi H.R. 3893 ity was reduced by more than 2,000,000 bar- rels per day. However, before Hurricanes Paul Salazar Tierney Be it enacted by the Senate and House of Rep- ´ Katrina and Rita, United States refining ca- Pearce Sanchez, Linda Turner resentatives of the United States of America in Pelosi T. Upton Congress assembled, pacity was already significantly strained by Pence Sanders Van Hollen increased levels of production, with industry Peterson (MN) Saxton Walden (OR) SECTION 1. SHORT TITLE; TABLE OF CONTENTS. average utilization rates of 95 percent of ca- Peterson (PA) Schiff Walsh (a) SHORT TITLE.—This Act may be cited as Petri Schmidt Wamp pacity or higher. the ‘‘Gasoline for America’s Security Act of (4) It serves the national interest to in- Pickering Schwartz (PA) Wasserman 2005’’. Pitts Scott (GA) Schultz crease refinery capacity for gasoline, heating (b) TABLE OF CONTENTS.—The table of con- Platts Scott (VA) Watt oil, diesel fuel, and jet fuel wherever located tents for this Act is as follows: Pombo Sensenbrenner Waxman within the United States, to bring more reli- Pomeroy Serrano Weiner Sec. 1. Short title; table of contents. able and economic supply to the American Porter Sessions Weldon (FL) Sec. 2. Findings. people. Price (GA) Shadegg Weldon (PA) Sec. 3. Definitions. Price (NC) Shaw Westmoreland (5) According to economic analysis, house- Pryce (OH) Shays Wicker TITLE I—INCREASING REFINERY holds are conservatively estimated to spend Putnam Sherman Wilson (NM) CAPACITY an average of $1,948 this year on gasoline, up Radanovich Sherwood Wilson (SC) Sec. 101. State participation and presi- 45 percent from 3 years ago, and households Rahall Shimkus Wolf with incomes under $15,000 (1⁄5 of all house- Rangel Simpson Woolsey dential designation. Regula Skelton Wynn Sec. 102. Process coordination and rules of holds) this year will spend, on average, more Rehberg Smith (NJ) Young (FL) procedure. than 1⁄10 of their income just on gasoline. Sec. 103. Refinery revitalization repeal. (6) According to economic analysis, rural NAYS—63 Sec. 104. Standby support for refineries. Americans will spend $2,087 on gasoline this Ackerman Kennedy (MN) Schakowsky Sec. 105. Military use refinery. year. Rural Americans are paying an esti- Baird Kucinich Shuster Sec. 106. New source review under Clean Air mated 22 percent more for gasoline than Baldwin Larsen (WA) Slaughter Act. Barrow Larson (CT) Stark their urban counterparts because they must Berry Latham Strickland Sec. 107. Waiver authority for extreme fuel drive longer distances. Brady (PA) LoBiondo Stupak supply emergencies. (7) A growing reliance on foreign sources of Capuano Lynch Sweeney Sec. 108. List of fuel blends. refined petroleum products impairs our na- Chandler Maloney Tauscher Sec. 109. Attainment dates for downwind tional security interests and global competi- Costello Markey Taylor (MS) ozone nonattainment areas. tiveness. Davis (KY) Marshall Thompson (CA) Sec. 110. Northwest crude oil supply. (8) Refiners are subject to significant envi- DeFazio Matheson Thompson (MS) Sec. 111. Discounted sales of royalty-in-kind English (PA) McCarthy Towns ronmental and other regulations and face Evans McCotter Udall (CO) oil to qualified small refineries. several new Clean Air Act requirements over Filner McDermott Udall (NM) Sec. 112. Study and Report Relating to the next decade. New Clean Air Act require- Fossella McNulty Vela´ zquez Streamlining Paperwork Re- ments will benefit the environment but will Graves Miller, George Visclosky quirements. also require substantial capital investment Gutknecht Moran (KS) Waters TITLE II—INCREASING DELIVERY Hefley Oberstar Watson and additional government permits. These Hinchey Ramstad Weller INFRASTRUCTURE new requirements increase business uncer- Holt Sabo Whitfield Sec. 201. Process coordination; hearings; tainty and dissuade investment in new refin- Israel Sanchez, Loretta Wu rules of procedure. ery capacity. NOT VOTING—22 Sec. 202. Issuance of Commission order. (9) There is currently a lack of coordina- Sec. 203. Backup power capacity. tion in permitting requirements and other Andrews Hastings (FL) Poe Sec. 204. Sunset of loan guarantees. regulations affecting refineries at the Fed- Beauprez Lewis (CA) Royce Sec. 205. Offshore gathering pipelines. Boswell Linder Schwarz (MI) eral, State, and local levels. There is no con- Clay Melancon Simmons Sec. 206. Savings clause. sistent national permitting program for re- Deal (GA) Neal (MA) Wexler TITLE III—CONSERVATION fineries, compared with the Federal Energy Delahunt Norwood Young (AK) Sec. 301. Department of Energy carpooling Regulatory Commission’s lead agency role Edwards Olver over interstate natural gas pipelines, lique- Fitzpatrick (PA) Payne and vanpooling program. Sec. 302. Evaluation and assessment of car- fied natural gas, and hydroelectric power and b 1103 pool and vanpool projects. the Nuclear Regulatory Commission’s role So the Journal was approved. Sec. 303. Internet utilization. over nuclear plant licensing. More regu- latory certainty and coordination is needed The result of the vote was announced Sec. 304. Fuel consumption education cam- for refinery owners to stimulate investment as above recorded. paign. TITLE IV—GASOLINE PRICE REFORM in increased refinery capacity. f Sec. 401. FTC investigation on price- SEC. 3. DEFINITIONS. PERSONAL EXPLANATION gouging. For purposes of this Act— Mr. SIMMONS. Mr. Speaker, I was regret- Sec. 402. FTC study of petroleum prices on (1) the term ‘‘Administrator’’ means the tably delayed in a meeting at the Pentagon, exchange. Administrator of the Environmental Protec- and was unable to be on the House Floor for TITLE V—STRATEGIC PETROLEUM tion Agency; rollcall votes 515 and 516. RESERVE (2) the term ‘‘refinery’’ means a facility de- Had I been present, I would have voted Sec. 501. Strategic Petroleum Reserve ca- signed and operated to receive, load, unload, ‘‘yea’’ on rollcall 515, the rule providing for pacity. store, transport, process, and refine crude oil Sec. 502. Strategic petroleum reserve sale. consideration of the bill H.R. 3893 and ‘‘yea’’ by any chemical or physical process, includ- ing distillation, fluid catalytic cracking, on rollcall 516, approving the Journal. SEC. 2. FINDINGS. The Congress makes the following findings: hydrocracking, coking, alkylation, f (1) No new refinery has been constructed in etherification, polymerization, catalytic re- GASOLINE FOR AMERICA’S the United States since 1976. There are 148 forming, isomerization, hydrotreating, SECURITY ACT OF 2005 operating refineries in the United States, blending, and any combination thereof, in down from 324 in 1981. Refined petroleum order to produce gasoline or other fuel; and Mr. BARTON of Texas. Mr. Speaker, product imports are currently projected to (3) the term ‘‘Secretary’’ means the Sec- pursuant to House Resolution 481, I grow from 7.9 percent to 10.7 percent of total retary of Energy.

VerDate Aug 31 2005 03:35 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.018 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8751 TITLE I—INCREASING REFINERY Puerto Rico, and any other territory or pos- (1)(A) is inconsistent with the Federal law CAPACITY session of the United States. governing such Federal refinery authoriza- SEC. 101. STATE PARTICIPATION AND PRESI- SEC. 102. PROCESS COORDINATION AND RULES tion, or that a failure to act as described in DENTIAL DESIGNATION. OF PROCEDURE. paragraph (1)(B) has occurred, and the order, (a) FEDERAL-STATE REGULATORY COORDINA- (a) DEFINITION.—For purposes of this sec- action, or failure to act would prevent the TION AND ASSISTANCE.— tion and section 105, the term ‘‘Federal refin- siting, construction, expansion, or operation (1) GOVERNOR’S REQUEST.—The governor of ery authorization’’— of the refinery, the Court shall remand the a State may submit a request to the Sec- (1) means any authorization required under proceeding to the agency or official to take retary for the application of process coordi- Federal law, whether administered by a Fed- appropriate action consistent with the order nation and rules of procedure under section eral or State administrative agency or offi- of the Court. If the Court remands the order, 102 to the siting, construction, expansion, or cial, with respect to siting, construction, ex- action, or failure to act to the Federal or operation of any refinery in that State. pansion, or operation of a refinery; and State administrative agency or official, the Court shall set a reasonable schedule and (2) STATE ASSISTANCE.—The Secretary and (2) includes any permits, special use au- the Administrator are authorized to provide thorizations, certifications, opinions, or deadline for the agency or official to act on financial assistance to State governments to other approvals required under Federal law remand. ECRETARY’S ACTION.—For any civil ac- facilitate the hiring of additional personnel with respect to siting, construction, expan- (3) S tion brought under this subsection, the Sec- with expertise in fields relevant to consider- sion, or operation of a refinery. retary shall promptly file with the Court the ation of applications to site, construct, ex- (b) DESIGNATION AS LEAD AGENCY.— consolidated record compiled by the Sec- pand, or operate any refinery in that State. (1) IN GENERAL.—The Department of En- retary pursuant to subsection (d). (3) OTHER ASSISTANCE.—The Secretary and ergy shall act as the lead agency for the pur- (4) EXPEDITED REVIEW.—The Court shall set the Administrator shall provide technical, poses of coordinating all applicable Federal any civil action brought under this sub- legal, or other assistance to State govern- refinery authorizations and related environ- section for expedited consideration. ments to facilitate their review of applica- mental reviews with respect to a refinery. (5) ATTORNEY’S FEES.—In any action chal- tions to site, construct, expand, or operate (2) OTHER AGENCIES.—Each Federal and lenging a Federal refinery authorization that any refinery in that State. State agency or official required to provide a Federal refinery authorization shall cooper- has been granted, reasonable attorney’s fees (b) PRESIDENTIAL DESIGNATION.— and other expenses of litigation shall be (1) REQUIREMENT.—Not later than 90 days ate with the Secretary and comply with the deadlines established by the Secretary. awarded to the prevailing party. This para- after the date of enactment of this Act, the graph shall not apply to any action seeking (c) SCHEDULE.— President shall designate sites on Federal remedies for denial of a Federal refinery au- (1) SECRETARY’S AUTHORITY TO SET SCHED- lands, including closed military installa- thorization or failure to act on an applica- ULE.—The Secretary shall establish a sched- tions, that are appropriate for the purposes tion for a Federal refinery authorization. of siting a refinery. Any such designation ule for all Federal refinery authorizations SEC. 103. REFINERY REVITALIZATION REPEAL. may be based on an analysis of— with respect to a refinery. In establishing the schedule, the Secretary shall— Subtitle H of title III of the Energy Policy (A) the availability of crude oil supplies to Act of 2005 and the items relating thereto in the site, including supplies from domestic (A) ensure expeditious completion of all such proceedings; and the table of contents of such Act are re- production of shale oil and tar sands and pealed. other strategic unconventional fuels; (B) accommodate the applicable schedules SEC. 104. STANDBY SUPPORT FOR REFINERIES. (B) the distribution of the Nation’s refined established by Federal law for such pro- ceedings. (a) DEFINITION.—For purposes of this sec- petroleum product demand; tion, the term ‘‘authorization’’ means any (2) FAILURE TO MEET SCHEDULE.—If a Fed- (C) whether such sites are in close prox- authorization or permit required under State eral or State administrative agency or offi- imity to substantial pipeline infrastructure, or Federal law. cial does not complete a proceeding for an including both crude and refined petroleum (b) CONTRACT AUTHORITY.— approval that is required for a Federal refin- product pipelines, and potential infrastruc- (1) IN GENERAL.—The Secretary may enter ture feasibility; ery authorization in accordance with the into contracts under this section with non- (D) the need to diversify the geographical schedule established by the Secretary under Federal entities that the Secretary deter- location of the Nation’s domestic refining this subsection, the applicant may pursue mines, at the sole discretion of the Sec- capacity; remedies under subsection (e). retary, to be the first non-Federal entities to (E) the effect that increased refined petro- (d) CONSOLIDATED RECORD.—The Secretary enter into firm contracts after the date of leum products from a refinery on that site shall, with the cooperation of Federal and enactment of this Act to construct new re- may have on the price and supply of gasoline State administrative agencies and officials, fineries in the United States or refurbish and to consumers; maintain a complete consolidated record of return to commercial operation existing but (F) national defense; and all decisions made or actions taken by the nonoperating refineries in the United States. (G) such other factors as the President Secretary or by a Federal administrative The Secretary may enter into contracts considers appropriate. agency or officer (or State administrative under this section with respect to new refin- (2) MILITARY INSTALLATIONS.—Among the agency or officer acting under delegated Fed- eries or refurbished refineries that add a sites designated pursuant to this subsection, eral authority) with respect to any Federal total of no more than 2,000,000 barrels per the President shall designate no less than 3 refinery authorization. Such record shall be day of refining capacity to the refining ca- military installations closed pursuant to a the record for judicial review under sub- pacity of the United States as in existence base closure law (as defined in section section (e) of decisions made or actions on the date of enactment of this Act. 101(a)(17) of title 10, United States Code), as taken by Federal and State administrative (2) CONDITIONS.—Except as provided in suitable for the construction of a refinery. agencies and officials, except that, if the paragraphs (4) and (5), under a contract au- Until the expiration of 2 years after the date Court determines that the record does not thorized under paragraph (1), the Secretary of enactment of this Act, the Federal Gov- contain sufficient information, the Court shall pay to the non-Federal entity the costs ernment shall not sell or otherwise dispose may remand the proceeding to the Secretary specified in paragraph (3), using funds depos- of the military installations designated pur- for further development of the consolidated ited in the Standby Refinery Support Ac- suant to this subsection. record. count established under subsection (c), if— (c) APPLICABILITY.—Section 102 shall only (e) JUDICIAL REVIEW.— (A) the non-Federal entity has substan- apply to refineries sited or proposed to be (1) IN GENERAL.—The United States Court tially completed construction of the new re- sited or expanded or proposed to be ex- of Appeals for the District of Columbia shall finery or the refurbished refinery and the panded— have original and exclusive jurisdiction over initial commercial operation of the new re- (1) in a State whose governor has requested any civil action for the review of— finery or of the refurbished refinery is de- applicability of such section pursuant to sub- (A) an order or action, related to a Federal layed because of— section (a) of this section; or refinery authorization, by a Federal or State (i) litigation that could not have been rea- (2) on a site designated by the President administrative agency or official; and sonably foreseen by the non-Federal entity under subsection (b). (B) an alleged failure to act by a Federal or at the time the non-Federal entity entered (d) DEFINITION.—For purposes of this sec- State administrative agency or official act- into the firm contract to construct; or tion— ing pursuant to a Federal refinery authoriza- (ii) a failure of an agency of the Federal (1) the term ‘‘Federal lands’’ means all tion. Government or of a State government to land owned by the United States, except that The failure of an agency or official to act on grant an authorization within a period speci- such term does not include land— a Federal refinery authorization in accord- fied in the contract authorized by this sec- (A) within the National Park System; ance with the Secretary’s schedule estab- tion; or (B) within the National Wilderness Preser- lished pursuant to subsection (c) shall be (B) the throughput level of commercial op- vation System; and considered inconsistent with Federal law for eration of the new or refurbished refinery is (C) designated as a National Monument; the purposes of paragraph (2) of this sub- substantially reduced due to— and section. (i) State or Federal law or regulations en- (2) the term ‘‘State’’ means a State, the (2) COURT ACTION.—If the Court finds that acted or implemented after the firm contract District of Columbia, the Commonwealth of an order or action described in paragraph was entered into; or

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(ii) litigation, that could not have been (b) SOLICITATION FOR DESIGN AND CON- SEC. 107. WAIVER AUTHORITY FOR EXTREME reasonably foreseen by the non-Federal enti- STRUCTION.—The President shall solicit pro- FUEL SUPPLY EMERGENCIES. ty, disputing actions taken by the non-Fed- posals for the design and construction of a Section 211(c)(4)(C) of the Clean Air Act (42 eral entity to conform with and satisfy Fed- refinery under this section. In selecting a U.S.C. 7545) is amended— eral law or regulations enacted or imple- proposal under this subsection, the President (1) by redesignating the second clause (v) mented after the firm contract was entered shall consider— as clause (viii); into. (1) the ability of the applicant to under- (2) by redesignating clause (v) as clause (3) COVERED COSTS.—Under a contract au- take and complete the project; (vii); thorized under this section, the Secretary (2) the extent to which the applicant’s pro- (3) by inserting after clause (iv) the fol- shall pay— posal serves the purposes of the project; and lowing: (A) in the case of a delay described in para- (3) the ability of the applicant to best sat- ‘‘(v)(I) For the purpose of alleviating an ex- graph (2)(A), all costs of the delay in the ini- isfy the criteria set forth in subsection (c). treme and unusual fuel or fuel additive sup- tial commercial operation of a new refining (c) REFINERY CRITERIA.—A refinery con- ply emergency resulting from a natural dis- or a refurbished refinery, including the prin- structed under this section shall meet or ex- aster, the President, in consultation with the Administrator of the Environmental cipal or interest due on any debt obligation ceed the industry average for— Protection Agency and the Secretary of En- of the new refinery or of the refurbished re- (1) construction efficiencies; and ergy— finery during the delay, and any consequen- (2) operational efficiencies, including cost ‘‘(aa) may temporarily waive any control tial damages; and efficiencies. or prohibition respecting the use of a fuel or (B) in the case of a substantial reduction (d) OPERATION.—When all design, Federal fuel additive required by this section; and described in paragraph (2)(B), all costs nec- refinery authorization, acquisition, and con- ‘‘(bb) may preempt and temporarily waive essary to offset the costs of the reduced struction activities are completed with re- spect to a refinery under this section, the any related or equivalent control or prohibi- throughput and the costs of complying with President shall offer for sale or lease the tion respecting the use of a fuel or fuel addi- the new State or Federal law or regulations. rights to operate such refinery. If the Presi- tive prescribed by a State or local statute or (4) COSTS NOT COVERED.—The Secretary dent is unable to sell or lease the right to op- regulation, including any such requirement shall not enter into a contract under this erate the refinery, it shall be operated by the in a State implementation plan. section that would obligate the Secretary to Federal Government. ‘‘(II) The effective period of a waiver under pay any costs resulting from— (e) USE OF PRODUCTS.— this clause shall be the time period nec- (A) except as provided in paragraph (3)(B), (1) IN GENERAL.—Except as provided in essary to permit the correction of the ex- a failure of the non-Federal entity to take paragraph (2), all petroleum products manu- treme and unusual fuel or fuel additive sup- any action required by law or regulation; or factured at a refinery constructed under this ply emergency caused by the natural dis- (B) events within the control of the non- section shall be for use by the Armed Forces aster.’’; and Federal entity. of the United States. (4) by inserting after clause (v) (as inserted (5) DEPOSIT.—The Secretary shall not enter (2) EXCEPTION.—The Secretary of Energy, by paragraph (3)) the following: into a contract authorized under this section at the direction of the President, may sell ‘‘(vi) A State shall not be subject to any until the Secretary has deposited into the any portion of the petroleum products manu- finding, disapproval, or determination by the Standby Refinery Support Account amounts factured at the refinery that are not needed Administrator under section 179, no person sufficient to cover the costs specified in for the purposes described in paragraph (1) in may bring an action against a State or the paragraph (3). private markets at the products’ fair market Administrator under section 304, and the Ad- (c) STANDBY REFINERY SUPPORT ACCOUNT.— value. ministrator shall not take any action under There is established in the Treasury an ac- SEC. 106. NEW SOURCE REVIEW UNDER CLEAN section 110(c) to require the revision of an count known as the Standby Refinery Sup- AIR ACT. applicable implementation plan, because of port Account. The Secretary shall deposit (a) RULEMAKING.—Considering the devasta- any emissions attributable to a waiver into this account amounts appropriated, in tion brought about by the recent natural dis- granted by the Administrator under clause advance of entering into a contract author- asters, and the adverse impact of such disas- (ii) or by the President under clause (v).’’. ized by this section, to the Secretary for the ters on the United States energy markets, SEC. 108. LIST OF FUEL BLENDS. purpose of carrying out this section and pay- including both the availability and the price (a) LIST OF BLENDS.—Section ments paid to the Secretary by any non-Fed- of energy, the Administrator shall initiate a 211(c)(4)(C)(viii) of the Clean Air Act (42 eral source for the purpose of carrying out rulemaking, to issue guidance, and to take U.S.C. 7545(c)(4)(C)(viii)), as so redesignated this section. The Secretary may receive and all other appropriate steps to reform, as ex- by section 107(1) of this Act, is amended— accept payments from any non-Federal peditiously as practicable, the New Source (1) by striking subclauses (I) through (V); source, and amounts deposited into the ac- Review programs under title I, parts C and D (2) by redesignating subclause (VI) as sub- count, whether appropriated or received of the Clean Air Act. Taking into account clause (V); and from a non-Federal source, shall be available the urgent need to increase the efficiency (3) by inserting the following before sub- to the Secretary, without further appropria- and availability and to improve the reli- clause (V), as so redesignated by paragraph tion, for the payment of the costs specified ability of the energy supply to consumers (2) of this subsection: in subsection (b)(3). and industrial sources, and to secure a de- ‘‘(I) The Administrator, in coordination (d) REGULATIONS.—The Secretary may crease in energy prices, the Administrator, with the Secretary of Energy (hereinafter in issue regulations necessary or appropriate to in undertaking these reform efforts, should this clause referred to as the ‘Secretary’), carry out this section. utilize and draw upon the maximum legal shall identify and publish in the Federal (e) REPORTS.—The Secretary shall file with flexibility available under existing law, in Register, within 12 months after the enact- Congress annually a report of the Sec- order to enable energy industry facilities, in- ment of this subclause and after notice and retary’s activities under this section and the cluding, but not limited to, refineries, elec- opportunity for public comment, a list of 6 activities of the non-Federal entity under tric power generating stations, and com- gasoline and diesel fuel blends to be used in any contract entered into under this section. pressor stations, to undertake without hin- States that have not received a waiver under section 209(b) of this Act or any State de- (f) AUTHORIZATION OF APPROPRIATIONS.— drance, promptly and in the least-cost man- There are authorized to be appropriated to ner, projects to maintain, to restore, and to pendent on refineries in such State for gaso- the Secretary such sums as are necessary to improve the efficiency, the reliability, or the line or diesel fuel supplies. The list shall be carry out this section. availability of such facilities. referred to as the ‘Federal Fuels List’ and (b) DEFINITION.—Section 302 of the Clean shall include one Federal diesel fuel, one al- (g) APPLICABILITY.—This section shall only apply to refineries sited or proposed to be Air Act (42 U.S.C. 7602) is amended by adding ternative diesel fuel blend approved under the following new subsection at the end this subparagraph before enactment of this sited— thereof: subclause, one conventional gasoline for (1) in a State whose governor has requested ‘‘(aa) PHYSICAL CHANGE, OR CHANGE IN THE ozone attainment areas, one reformulated applicability of this section; or METHOD OF OPERATION OF EXISTING EMIS- gasoline (RFG) meeting the requirements of (2) on a site designated by the President SIONS UNIT.—For purposes of parts C and D of subsection (k), and 2 additional gasoline under section 101(a). this title, the term ‘physical change, or blends with Reid vapor pressure (RVP) con- SEC. 105. MILITARY USE REFINERY. change in the method of operation of,’ as ap- trols for use in ozone nonattainment areas of (a) AUTHORIZATION.—The President may plied to an existing emissions unit, means a varying degrees of severity. None of the fuel authorize the design of, obtain all necessary ‘modification’ as defined in paragraphs (a), blends identified under this subclause shall Federal refinery authorizations for, acquire (b), (c), (e), and (h) of title 40 of the Code of control fuel sulfur or toxics levels beyond an appropriate site for, and authorize the Federal Regulations, section 60.14 (as in ef- levels required by regulations of the Admin- construction and operation of a refinery for fect on September 22, 2005), except that para- istrator. the purpose of manufacturing petroleum graph (h) shall apply to all industrial cat- ‘‘(II) Gasoline and diesel fuel blends shall products for consumption by the Armed egories and paragraph (e)(1) shall include all be included on the Federal Fuels List based Forces of the United States. A refinery con- repairs and replacements covered by section on the Administrator’s analysis of their abil- structed under this section shall be located 51.166(y) of title 40 of the Code of Federal ity to reduce ozone emissions to assist at a site designated by the President under Regulations (as in effect on December 31, States in attaining established ozone stand- section 101(b). 2004).’’. ards under this Act, and on an analysis by

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the Secretary that the adoption of the Fed- ‘‘(d) EXTENDED ATTAINMENT DATE FOR CER- requirements of this Act applicable under eral Fuels List will not result in a reduction TAIN DOWNWIND AREAS.— the classification that applied immediately in supply or in producibility, including that ‘‘(1) DEFINITIONS.— prior to reclassification, including any re- caused by a reduction in domestic refining ‘‘(A) The term ‘upwind area’ means an area quirements applicable to the area under sec- capacity triggered by this clause. In the that— tion 172(c) for such standard; and event the Secretary concludes that adoption ‘‘(i) affects nonattainment in another area, ‘‘(B) the plan includes any additional of the Federal Fuels List will result in a re- hereinafter referred to as a downwind area; measures needed to demonstrate attainment duction in supply or in producibility, the Ad- and no later than the date on which the last re- ministrator and the Secretary shall report ‘‘(ii) is either— ductions in pollution transport that have that conclusion to Congress, and suspend im- ‘‘(I) a nonattainment area with a later at- been found by the Administrator to signifi- plementation of this clause. The Adminis- tainment date than the downwind area, or cantly contribute to nonattainment are re- trator and the Secretary shall conduct the ‘‘(II) an area in another State that the Ad- quired to be achieved by the upwind area or study required under section 1541(c) of the ministrator has found to be significantly areas. Energy Policy Act of 2005 on the timetable contributing to nonattainment in the down- required in that section to provide Congress The attainment date extended under this wind area in violation of section 110(a)(2)(D) paragraph shall provide for attainment of with legislative recommendations for modi- and for which the Administrator has estab- fications to the proposed Federal Fuels List such national ambient air quality standard lished requirements through notice and com- for ozone in the downwind area as expedi- only if the Secretary concludes that adop- ment rulemaking to eliminate the emissions tion of the Federal Fuels List will result in tiously as practicable but no later than the causing such significant contribution. a reduction in supply or in producibility. end of the first complete ozone season fol- ‘‘(III) Upon publication of the Federal ‘‘(B) The term ‘current classification’ lowing the date on which the last reductions Fuels List, the Administrator shall have no means the classification of a downwind area in pollution transport that have been found authority, when considering a State imple- under this section at the time of the deter- by the Administrator to significantly con- mentation plan or State implementation mination under paragraph. tribute to nonattainment are required to be plan revision, to approve under this subpara- ‘‘(2) EXTENSION.—Notwithstanding the pro- achieved by the upwind area or areas. graph any fuel included in such plan or plan visions of subsection (b)(2) of this section, a ‘‘(5) EXTENDED DATE.—The attainment date revision if the fuel proposed is not one of the downwind area that is not in attainment extended under this subsection shall provide fuels included on the Federal Fuels List; or within 18 months of the attainment deadline for attainment of such national ambient air to approve such plan or revision unless, after required under this section may seek an ex- quality standard for ozone in the downwind consultation with the Secretary, the Admin- tension of time to come into attainment by area as expeditiously as practicable but no istrator publishes in the Federal Register, petitioning the Administrator for such an later than the new date that the area would after notice and opportunity for public com- extension. If the Administrator— have been subject to had it been reclassified ment, a finding that, in the Administrator’s ‘‘(A) determines that any area is a down- under subsection (b)(2). judgment, such revisions to newly adopt one wind area with respect to a particular na- ‘‘(6) RULEMAKING.—Within 12 months after of the fuels included on the Federal Fuels tional ambient air quality standard for the enactment of this subsection, the Admin- List will not cause fuel supply or distribu- ozone; istrator shall, through notice and comment, tion interruptions or have a significant ad- ‘‘(B) approves a plan revision for such area promulgate rules to define the term ‘affected verse impact on fuel producibility in the af- as provided in paragraph (3) prior to a reclas- by transport to a degree that affects an areas fected area or contiguous area. The Adminis- sification under subsection (b)(2)(A); and ability to attain’ in order to ensure that trator’s findings shall include an assessment ‘‘(C) determines that the petitioning down- downwind areas are not unjustly penalized, of reasonably foreseeable supply distribution wind area has demonstrated that it is af- and for purposes of paragraphs (2) and (3) of emergencies that could occur in the affected fected by transport from an upwind area to a this subsection.’’. area or contiguous area and how adoption of degree that affects the area’s ability to at- SEC. 110. NORTHWEST CRUDE OIL SUPPLY. the particular fuel revision would effect sup- tain, Section 5(b) of the Act entitled ‘‘An Act to ply opportunities during reasonably foresee- the Administrator, in lieu of such reclassi- authorize appropriations for fiscal year 1978 able supply distribution emergencies. fication, may extend the attainment date for ‘‘(IV) The Administrator, in consultation to carry out the Marine Mammal Protection with the Secretary, shall develop a plan to such downwind area for such standard in ac- Act of 1972’’, enacted October 18, 1977 (Public harmonize the currently approved fuel cordance with paragraph (5). Law 95–136) is amended by striking ‘‘for con- blends in State implementation plans with ‘‘(3) APPROVAL.—In order to extend the at- sumption in the State of Washington’’. the blends included on the Federal Fuels List tainment date for a downwind area under SEC. 111. DISCOUNTED SALES OF ROYALTY-IN- and shall promulgate implementing regula- this subsection, the Administrator may ap- KIND OIL TO QUALIFIED SMALL RE- FINERIES. tions for this plan not later than 18 months prove a revision of the applicable implemen- (a) REQUIREMENT.—The Secretary of the In- after enactment of this subclause. This har- tation plan for the downwind area for such terior shall issue and begin implementing monization shall be fully implemented by standard that— regulations by not later than 60 days after the States by December 31, 2008.’’. ‘‘(A) complies with all requirements of this the date of the enactment of this Act, under (b) STUDY.—Section 1541(c)(2) of the Energy Act applicable under the current classifica- Policy Act of 2005 is amended to read as fol- tion of the downwind area, including any re- which the Secretary of the Interior shall lows: quirements applicable to the area under sec- charge a discounted price in any sale to a qualified small refinery of crude oil obtained ‘‘(2) FOCUS OF STUDY.—The primary focus tion 172(c) for such standard; of the study required under paragraph (1) ‘‘(B) includes any additional measures by the United States as royalty-in-kind. (b) AMOUNT OF DISCOUNT.—The regulations shall be to determine how to develop a Fed- needed to demonstrate attainment by the ex- shall provide that the amount of any dis- eral fuels system that maximizes motor fuel tended attainment date provided under this count applied pursuant to this section in any fungibility and supply, preserves air quality subsection, and provides for implementation sale of crude oil to a qualified small refin- standards, and reduces motor fuel price vola- of those measures as expeditiously as prac- ery— tility that results from the proliferation of ticable; and (1) shall reflect the actual costs of trans- boutique fuels, and to recommend to Con- ‘‘(C) provides appropriate measures to en- porting such oil from the point of origin to gress such legislative changes as are nec- sure that no area downwind of the area re- the qualified small refinery; and essary to implement such a system. The ceiving the extended attainment date will be (2) shall not exceed $4.50 per barrel of oil study should include the impacts on overall affected by transport to a degree that affects sold. the area’s ability to attain, from the area re- energy supply, distribution, and use as a re- (c) TERMINATION OF DISCOUNT.—This sec- sult of the legislative changes recommended. ceiving the extension. tion and any regulations issued under this The study should include an analysis of the ‘‘(4) PRIOR RECLASSIFICATION DETERMINA- section shall not apply on and after any date impact on ozone emissions and supply of a TION.—If, after April 1, 2003, and prior to the on which the Secretary of Energy determines mandatory reduction in the number of fuel time the 1-hour ozone standard no longer ap- that United States domestic refining capac- blends to 6, including one Federal diesel fuel, plies to a downwind area, the Administrator ity is sufficient. one alternative diesel fuel blend, one conven- made a reclassification determination under (d) QUALIFIED SMALL REFINERY.—In this tional gasoline for ozone attainment areas, subsection (b)(2)(A) for such downwind area, section the term ‘‘qualified small refinery’’ one reformulated gasoline (RFG) meeting and the Administrator approves a plan con- means a refinery of a small business refiner the requirements of subsection (k), and 2 ad- sistent with subparagraphs (A) and (B) for (as that term is defined in section 45H(c)(1) ditional gasoline blends with Reid vapor such area, the reclassification shall be with- of the Internal Revenue Code of 1986) that pressure (RVP) controls for use in ozone non- drawn and, for purposes of implementing the demonstrates to the Secretary of the Inte- attainment areas of varying degrees of sever- 8-hour ozone national ambient air quality rior that it had unused crude oil processing ity.’’. standard, the area shall be treated as if the capacity in 2004. SEC. 109. ATTAINMENT DATES FOR DOWNWIND reclassification never occurred. Such plan SEC. 112. STUDY AND REPORT RELATING TO OZONE NONATTAINMENT AREAS. must be submitted no later than 12 months STREAMLINING PAPERWORK RE- Section 181 of the Clean Air Act (42 following enactment of this subsection— QUIREMENTS. U.S.C.7511) is amended by adding the fol- ‘‘(A) the plan revision for the downwind (a) STUDY.—The Administrator of the Envi- lowing new subsection at the end thereof: area complies with all control and planning ronmental Protection Agency shall study

VerDate Aug 31 2005 03:35 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.021 H07OCPT1 H8754 CONGRESSIONAL RECORD — HOUSE October 7, 2005 ways to streamline the paperwork require- line authorization in accordance with the (2) if the Commission has found that the ments associated with title V of the Clean schedule established by the Commission applicant is— Air Act and corresponding requirements under this subsection, the applicant may (A) able and willing to carry out the ac- under State laws, particularly with regard to pursue remedies under subsection (f). tions and operations proposed; and States that have more stringent require- (e) CONSOLIDATED RECORD.—The Commis- (B) willing to conform to any terms, condi- ments than the Federal Government in this sion shall, with the cooperation of Federal tions, or other requirements of the Commis- area. and State administrative agencies and offi- sion under this section. (b) REPORT.—Not later than one year after cials, maintain a complete consolidated (b) TERMS AND CONDITIONS.—The Commis- the date of the enactment of this Act, the record of all decisions made or actions taken sion may by its order grant an application, Administrator shall report to Congress the by the Commission or by a Federal adminis- in whole or in part, with such modification results of the study made under subsection trative agency or officer (or State adminis- and upon such terms and conditions as the (a), together with recommendations on how trative agency or officer acting under dele- Commission may find necessary or appro- to streamline those paperwork requirements. gated Federal authority) with respect to any priate. (c) RIGHTS-OF-WAY.—When any holder of an TITLE II—INCREASING DELIVERY Federal pipeline authorization. Such record shall be the record for judicial review under order from the Commission under this sec- INFRASTRUCTURE tion cannot acquire by contract, or is unable subsection (f) of decisions made or actions SEC. 201. PROCESS COORDINATION; HEARINGS; to agree with the owner of property to the taken by Federal and State administrative RULES OF PROCEDURE. compensation to be paid for— agencies and officials, except that, if the (a) DEFINITIONS.—For purposes of this (1) the necessary right-of-way to site, con- Court determines that the record does not title— struct, operate, and maintain a pipeline or contain sufficient information, the Court (1) the term ‘‘Commission’’ means the Fed- pipelines for the transportation of crude oil may remand the proceeding to the Commis- eral Energy Regulatory Commission; and or refined petroleum products; and (2) the term ‘‘Federal pipeline authoriza- sion for further development of the consoli- (2) the necessary land or other property for tion’’— dated record. the location of compressor stations, pressure (A) means any authorization required (f) JUDICIAL REVIEW.— apparatus, or other stations or equipment under Federal law, whether administered by (1) IN GENERAL.—The United States Court necessary to the proper operation of such a Federal or State administrative agency or of Appeals for the District of Columbia shall pipeline or pipelines, have original and exclusive jurisdiction over official, with respect to siting, construction, the holder of the order may acquire such any civil action for the review of— expansion, or operation of a crude oil or re- property by the exercise of the right of emi- (A) an order or action related to a Federal fined petroleum product pipeline facility in nent domain in the district court of the pipeline authorization by a Federal or State interstate commerce; and United States for the district in which such administrative agency or official; and (B) includes any permits, special use au- property may be located, or in the State thorizations, certifications, opinions, or (B) an alleged failure to act by a Federal or courts. The practice and procedure in any ac- other approvals required under Federal law State administrative agency or official act- tion or proceeding under this subsection in with respect to siting, construction, expan- ing pursuant to a Federal pipeline authoriza- the district court of the United States shall sion, or operation of a crude oil or refined pe- tion. conform as nearly as may be with the prac- troleum product pipeline facility in inter- The failure of an agency or official to act on tice and procedure in similar action or pro- state commerce. a Federal pipeline authorization in accord- ceeding in the courts of the State where the (b) COMMISSION AUTHORIZATION REQUIRED.— ance with the Commission’s schedule estab- property is situated. (1) REQUIREMENT.—No person shall site, lished pursuant to subsection (d) shall be SEC. 203. BACKUP POWER CAPACITY. construct, expand, or operate a crude oil or considered inconsistent with Federal law for (a) REQUIREMENT.—Not later than 1 year refined petroleum product pipeline facility the purposes of paragraph (2) of this sub- after the date of enactment of this Act, the in interstate commerce without an order section. Secretary shall issue regulations requiring from the Commission authorizing such ac- (2) COURT ACTION.—If the Court finds that the owners or operators of crude oil or re- tion. an order or action described in paragraph fined petroleum product pipeline facilities (2) NOTICE AND HEARING.—Upon the filing of (1)(A) is inconsistent with the Federal law that the Secretary finds to be significant to an application to site, construct, expand, or governing such Federal pipeline authoriza- the Nation’s supply needs to ensure the operate a crude oil or refined petroleum tion, or that a failure to act as described in availability of sufficient backup power ca- product pipeline facility in interstate com- paragraph (1)(B) has occurred, and the order, pacity, in areas that have historically been merce, the Commission shall— action, or failure to act would prevent the subject to higher incidents of natural disas- (A) set the matter for hearing; siting, construction, expansion, or operation ters such as hurricanes, earthquakes, and (B) give reasonable notice of the hearing to of the crude oil or refined petroleum product tornados, to provide for the continued oper- all interested persons; pipeline facility, the Court shall remand the ation of the pipeline facilities in the event of (C) decide the matter in accordance with proceeding to the agency or official to take any reasonably foreseeable emergency situa- this title; and appropriate action consistent with the order tion. (b) SUSPENSION OF CERTAIN REQUIRE- (D) issue or deny the appropriate order ac- of the Court. If the Court remands the order, MENTS.—The Administrator shall promulgate cordingly. action, or failure to act to the Federal or regulations providing for the temporary sus- (c) DESIGNATION AS LEAD AGENCY.— State administrative agency or official, the pension, for the duration of an emergency (1) IN GENERAL.—The Commission shall act Court shall set a reasonable schedule and described in subsection (a), of all or part of as the lead agency for the purposes of coordi- deadline for the agency or official to act on any requirement (including any Federal or nating all applicable Federal pipeline au- remand. (3) COMMISSION’S ACTION.—For any civil ac- State permitting requirement, emissions thorizations and for the purposes of com- limit, or operations limit) in effect under the plying with the National Environmental Pol- tion brought under this subsection, the Com- mission shall promptly file with the Court Clean Air Act or under any implementation icy Act of 1969 (42 U.S.C. 4321 et seq.) with re- plan in effect under that Act to the extent spect to a crude oil or refined petroleum the consolidated record compiled by the Commission pursuant to subsection (e). that such requirement applies to the process product pipeline facility. or equipment necessary to provide backup (4) EXPEDITED REVIEW.—The Court shall set (2) OTHER AGENCIES.—Each Federal and power capacity under subsection (a). State agency or official required to provide any civil action brought under this sub- section for expedited consideration. SEC. 204. SUNSET OF LOAN GUARANTEES. Federal pipeline authorization shall cooper- Section 116(a) of the Alaska Natural Gas (5) ATTORNEY’S FEES.—In any action chal- ate with the Commission and comply with Pipeline Act is amended by adding at the end the deadlines established by the Commis- lenging a Federal pipeline authorization that has been granted, reasonable attorney’s fees the following new paragraph: sion. ‘‘(4) The Secretary shall not enter into an and other expenses of litigation shall be (d) SCHEDULE.— agreement under paragraph (1) or (2) after (1) COMMISSION’S AUTHORITY TO SET SCHED- awarded to the prevailing party. This para- the date that is 60 days after the date of en- ULE.—The Commission shall establish a graph shall not apply to any action seeking actment of the Gasoline for America’s Secu- schedule for all Federal pipeline authoriza- remedies for denial of a Federal pipeline au- rity Act of 2005 if the State of Alaska and all tions with respect to a crude oil or refined thorization or failure to act on an applica- interested parties have not entered into an petroleum product pipeline facility. In estab- tion for a Federal pipeline authorization. agreement pursuant to Alaska Stranded Gas lishing the schedule, the Commission shall— SEC. 202. ISSUANCE OF COMMISSION ORDER. Development Act which contractually binds (A) ensure expeditious completion of all (a) CRITERIA.—Upon application by a quali- the parties to deliver North Slope natural such proceedings; and fied applicant, the Commission shall issue an gas to markets via the proposed Alaska Nat- (B) accommodate the applicable schedules order authorizing, in whole or in part, the ural Gas Pipeline.’’. established by Federal law for such pro- siting, construction, expansion, or operation SEC. 205. OFFSHORE GATHERING PIPELINES. ceedings. of a crude oil or refined petroleum product Section 1(b) of the Natural Gas Act (15 (2) FAILURE TO MEET SCHEDULE.—If a Fed- pipeline facility in interstate commerce— U.S.C. 717(b)) is amended— eral or State administrative agency or offi- (1) unless the Commission finds that such (1) by striking ‘‘and to natural gas compa- cial does not complete a proceeding for an actions or operations will not be consistent nies’’ and inserting ‘‘to natural gas compa- approval that is required for a Federal pipe- with the public interest; and nies’’;

VerDate Aug 31 2005 03:35 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.021 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8755 (2) by inserting ‘‘, gathering in Federal wa- and maintain carpools and vanpools without sumer protection agency, exceeded the aver- ters,’’ after ‘‘such transportation or sale’’; regard to any limitation on operating costs. age price of such gasoline in that area for and SEC. 304. FUEL CONSUMPTION EDUCATION CAM- the month of August, 2005, unless the Com- (3) by striking ‘‘the production or gath- PAIGN. mission finds substantial evidence that the ering of natural gas’’ and inserting ‘‘the pro- (a) PARTNERSHIP.—The Secretary shall increase is substantially attributable to ad- duction of natural gas or to the gathering enter into a partnership with interested in- ditional costs in connection with the produc- onshore or in State waters of natural gas’’. dustry groups to create an education cam- tion, transportation, delivery, and sale of SEC. 206. SAVINGS CLAUSE. paign that provides information to United gasoline in that area or to national or inter- Nothing in this title shall be construed to States drivers about measures that may be national market trends. amend, alter, or in any way affect the juris- taken to conserve gasoline. (d) REPORTS.— diction or responsibilities of the Department (b) ACCESSIBILITY.—The public information (1) NOTIFICATION TO STATE AGENCIES.—In of Transportation with respect to pipeline campaign shall be designed to reach the any areas of markets in which the Commis- safety issues under chapter 601 of title 49, widest audience possible. The education sion determines price increases are due to United States Code, or any other law. campaign may include television, print, factors other than the additional costs, it TITLE III—CONSERVATION Internet website, or any method designed to shall also notify the appropriate State agen- maximize the dissemination of gasoline sav- cy of its findings. SEC. 301. DEPARTMENT OF ENERGY CARPOOLING ings information to drivers. (2) PROGRESS AND FINAL REPORTS TO CON- AND VANPOOLING PROGRAM. (c) COST SHARING.—The Secretary shall GRESS.—The Commission shall provide infor- (a) FINDINGS.—Congress finds the fol- provide no more than 50 percent of the cost lowing: mation on the progress of the investigation of the campaign created under this section. (1) Metropolitan transit organizations have to the Appropriations Committees of the (d) AUTHORIZATION OF APPROPRIATIONS.— House of Representatives and the Senate, the reported heightened interest in carpooling There are authorized to be appropriated to and vanpooling projects in light of recent in- Committee on Energy and Commerce of the the Secretary $2,500,000 for carrying out this House of Representatives, and the Com- creases in gasoline prices. section. (2) The National Transportation Database mittee on Commerce, Science, and Transpor- reports that, in 2003, American commuters TITLE IV—GASOLINE PRICE REFORM tation of the Senate, every 30 days after the traveled over 440,000 miles using public SEC. 401. FTC INVESTIGATION ON PRICE- date of enactment of this Act. The Commis- transportation vanpools, an increase of 60 GOUGING. sion shall provide those Committees a writ- percent since 1996. (a) STUDY.—The Federal Trade Commission ten interim report 90 days after such date, (3) According to the Natural Resource De- shall conduct an investigation into nation- and shall transmit a final report to those fense Council, if each commuter car carried wide gasoline prices in the aftermath of Hur- Committees, together with its findings and just one more passenger once a week, Amer- ricane Katrina, including any evidence of recommendations, no later than 180 days ican gasoline consumption would be reduced price-gouging by subject companies de- after the date of enactment of this Act. Such by about 2 percent. scribed in subsection (b). Such investigation reports shall include recommendations, (b) ESTABLISHMENT OF PROGRAM.—The Sec- shall include— based on its findings, to for any legislation retary shall establish and carry out a pro- (1) a comparison of, and analysis of the necessary to protect consumers from gaso- gram to encourage the use of carpooling and reasons for changes in, profit levels of sub- line price-gouging in both State and Na- vanpooling to reduce the consumption of ject companies during the 12-month period tional disaster areas and elsewhere. gasoline. The program shall focus on carpool ending on August 31, 2005, and their profit (e) EVIDENCE OF CRIMINAL MISCONDUCT.—If, and vanpool operations, outreach activities, levels for the month of September, 2005, in- during the investigation required by this sec- and marketing programs, including utiliza- cluding information for particular compa- tion, the Commission obtains evidence that a tion of the Internet for marketing and out- nies on a basis that does not permit the iden- person may have violated a criminal law, the reach. tification of any company to which the infor- Commission may transmit that evidence to (c) GRANTS TO STATE AND LOCAL GOVERN- mation relates; appropriate Federal or State authorities. MENTS.—As part of the program established (2) a summary of tax expenditures (as de- SEC. 402. FTC STUDY OF PETROLEUM PRICES ON under subsection (b), the Secretary may fined in section 3(3) of the Congressional EXCHANGE. make grants to State and local governments Budget and Impoundment Control Act of 1974 Not later than 180 days after the date of for carpooling or vanpooling projects. The (2 U.S.C. 622(3)) for such companies; enactment of this Act, the Federal Trade Secretary may make such a grant only if at (3) an examination of the effects of in- Commission shall transmit to Congress a re- least 50 percent of the costs of the project creased gasoline prices and gasoline price- port on the price of refined petroleum prod- will be provided by the State or local govern- gouging on economic activity in the United ucts on the New York Mercantile Exchange ment. If a private sector entity provides ve- States; and and the effects on such price, if any, of the hicles for use in a carpooling or vanpooling (4) an analysis of the overall cost of in- following: project supported under this subsection, the creased gasoline prices and gasoline price- (1) The geographic size of the delivery mar- value of those vehicles may be counted as gouging to the economy, including the im- ket and the number of delivery points. part of the State or local contribution to the pact on consumers’ purchasing power in both (2) The proximity of energy futures mar- project. declared State and National disaster areas kets in relation to the source of supply. SEC. 302. EVALUATION AND ASSESSMENT OF and elsewhere. (3) The specified grade of gasoline deliver- CARPOOL AND VANPOOL PROJECTS. Chapter 35 of title 44, United States Code, able on the exchange. (a) IN GENERAL.—The Administrator, in does not apply to the collection of informa- (4) The control of the storage and delivery consultation with the Secretary, shall evalu- tion for the investigation required by this market infrastructure. ate and assess carpool and van pool projects section. (5) The effectiveness of temporary trading funded under the congestion mitigation and (b) SUBJECT COMPANIES.—The companies halts and the monetary threshold for such air quality program established under sec- subject to the investigation required by this temporary trading halts. tion 149 of title 23, United States Code, to— section shall be— TITLE V—STRATEGIC PETROLEUM (1) reduce consumption of gasoline; (1) any company with total United States RESERVE (2) determine the direct and indirect im- wholesale sales of gasoline and petroleum SEC. 501. STRATEGIC PETROLEUM RESERVE CA- pact of the projects on air quality and con- distillates for calendar year 2004 in excess of PACITY. gestion levels; and $500,000; and (a) AUTHORITY TO DRAWDOWN AND SELL PE- (3) ensure the effective implementation of (2) any retail distributor of gasoline and TROLEUM PRODUCTS FOR EXPANSION OF RE- the projects under such program. petroleum distillates against which multiple SERVE.—Notwithstanding any other provi- (b) REPORT.—Not later than 180 days after formal complaints (that identify the loca- sion of law, the Secretary may drawdown the date of enactment of this Act, the Ad- tion of the particular retail distributor and and sell petroleum products from the Stra- ministrator, in consultation with the Sec- provide contact information for the com- tegic Petroleum Reserve to construct, pur- retary, shall submit to Congress a report in- plainant) of price-gouging were filed in Au- chase, lease, or otherwise acquire additional cluding recommendations and findings that gust or September 2005, with a Federal or capacity sufficient to permit filling the Stra- would improve the operation and evaluation State consumer protection agency. tegic Petroleum Reserve to its maximum au- of carpool and vanpool projects funded under (c) EVIDENCE OF PRICE-GOUGING.—In con- thorized level. the congestion mitigation and air quality ducting its investigation, the Commission (b) ESTABLISHMENT OF SPR EXPANSION improvement program and shall make such shall treat as evidence of price-gouging any FUND.—The Secretary of the Treasury shall report available to all State and local metro- finding that the average price of gasoline establish in the Treasury of the United politan planning organizations. available for sale to the public in September, States an account to be known as the ‘‘SPR SEC. 303. INTERNET UTILIZATION. 2005, or thereafter in a market area located Expansion Fund’’ (in this section referred to The program established under section 301 in an area designated as a State or National as the ‘‘Fund’’) and the proceeds from any shall include outreach activities and mar- disaster area because of Hurricane Katrina, sale pursuant to subsection (a) shall be de- keting programs, including the utilization of or in any other area where price-gouging posited into the Fund. the Internet for marketing and outreach, to complaints have been filed because of Hurri- (c) OBLIGATION OF FUNDS FOR EXPANSION.— encourage, facilitate, provide incentives for, cane Katrina with a Federal or State con- Amounts in the Fund may be obligated by

VerDate Aug 31 2005 03:35 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.021 H07OCPT1 H8756 CONGRESSIONAL RECORD — HOUSE October 7, 2005 the Secretary to carry out the purposes in Sec. 305. Procurement of energy efficient light- (9) There is currently a lack of coordination subsection (a) to the extent and in such ag- ing devices. in permitting requirements and other regula- gregate amounts as may be appropriated in Sec. 306. Minority employment. tions affecting refineries at the Federal, State, advance in appropriations Acts for such pur- TITLE IV—GASOLINE PRICE REFORM and local levels. There is no consistent national poses. permitting program for refineries, compared Sec. 401. Short title. (d) OFFSETTING COLLECTIONS.—The pro- with the Federal Energy Regulatory Commis- Sec. 402. Gasoline price gouging prohibited. ceeds from any sale pursuant to subsection sion’s lead agency role over interstate natural Sec. 403. FTC investigation on price-gouging. (a) shall be credited to the Fund as offsetting gas pipelines, liquefied natural gas, and hydro- Sec. 404. FTC study of petroleum prices on ex- collections in amounts not to exceed the electric power and the Nuclear Regulatory Com- change. amounts annually appropriated from the mission’s role over nuclear plant licensing. More Fund. TITLE V—STRATEGIC PETROLEUM regulatory certainty and coordination is needed SEC. 502. STRATEGIC PETROLEUM RESERVE RESERVE for refinery owners to stimulate investment in SALE. Sec. 501. Strategic Petroleum Reserve capacity. increased refinery capacity. Section 161(e) of the Energy Policy and Sec. 502. Strategic Petroleum Reserve sale. SEC. 3. DEFINITIONS. Conservation Act (42 U.S.C. 6241(e)) is Sec. 503. Northeast Home Heating Oil Reserve For purposes of this Act— amended by inserting after paragraph (2) a capacity. (1) the term ‘‘Administrator’’ means the Ad- new paragraph as follows: TITLE VI—COMMISSION FOR THE DE- ministrator of the Environmental Protection ‘‘(3) Any contract under which petroleum PLOYMENT OF THE HYDROGEN ECON- Agency; products are sold under this section shall in- OMY (2) the term ‘‘refinery’’ means— clude a requirement that the person or enti- Sec. 601. Establishment. (A) a facility designed and operated to re- ty that acquires the petroleum products ceive, load, unload, store, transport, process, agrees— Sec. 602. Duties of Commission. Sec. 603. Membership. and refine crude oil by any chemical or physical ‘‘(A) not to resell the petroleum products process, including distillation, fluid catalytic before the products are refined; and Sec. 604. Staff of Commission; experts and con- sultants. cracking, hydrocracking, coking, alkylation, ‘‘(B) to refine the petroleum products pri- etherification, polymerization, catalytic reform- marily for consumption in the United Sec. 605. Powers of Commission. Sec. 606. Report. ing, isomerization, hydrotreating, blending, and States.’’. any combination thereof, in order to produce The SPEAKER pro tempore. The TITLE VII—CRITICAL ENERGY ASSURANCE gasoline or other fuel; or amendment in the nature of a sub- Sec. 701. Evacuation plan review. (B) a facility designed and operated to re- stitute printed in the bill, modified by Sec. 702. Disaster assistance. ceive, load, unload, store, transport, process, Sec. 703. Critical Energy Assurance Account. the amendment printed in part A of and refine coal by any chemical or physical Sec. 704. Regulations. process, including liquefaction, in order to House Report 109–245, is adopted. SEC. 2. FINDINGS. produce gasoline, diesel, or other liquid fuel as The text of the amendment in the na- The Congress makes the following findings: its primary output; and ture of a substitute, as modified, is as (1) No new refinery has been constructed in (3) the term ‘‘Secretary’’ means the Secretary follows: the United States since 1976. There are 148 oper- of Energy. H.R. 3893 ating refineries in the United States, down from TITLE I—INCREASING REFINERY Be it enacted by the Senate and House of Rep- 324 in 1981. Refined petroleum product imports CAPACITY resentatives of the United States of America in are currently projected to grow from 7.9 percent SEC. 101. STATE PARTICIPATION AND PRESI- Congress assembled, to 10.7 percent of total refined product by 2025 DENTIAL DESIGNATION. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. to satisfy increasing demand. (a) FEDERAL-STATE REGULATORY COORDINA- (a) SHORT TITLE.—This Act may be cited as (2) While the number of American refineries in TION AND ASSISTANCE.— the ‘‘Gasoline for America’s Security Act of operation has reduced over the last 20 years, (1) GOVERNOR’S REQUEST.—The governor of a 2005’’. much of the resulting lost capacity has been re- State may submit a request to the Secretary for (b) TABLE OF CONTENTS.—The table of con- placed by gains from more efficient refineries. the application of process coordination and tents for this Act is as follows: (3) Hurricanes Katrina and Rita substantially rules of procedure under section 102 to the disrupted petroleum production, refining, and Sec. 1. Short title; table of contents. siting, construction, expansion, or operation of pipeline systems in the Gulf Coast region, affect- Sec. 2. Findings. any refinery in that State. Sec. 3. Definitions. ing energy prices and supply nationwide. In the (2) STATE ASSISTANCE.—The Secretary and the immediate aftermath of Katrina alone, United Administrator are authorized to provide finan- TITLE I—INCREASING REFINERY States refining capacity was reduced by more CAPACITY cial assistance to State governments to facilitate than 2,000,000 barrels per day. However, before the hiring of additional personnel with expertise Sec. 101. State participation and presidential Hurricanes Katrina and Rita, United States re- in fields relevant to consideration of applica- designation. fining capacity was already significantly tions to site, construct, expand, or operate any Sec. 102. Process coordination and rules of pro- strained by increased levels of production, with refinery in that State. cedure. industry average utilization rates of 95 percent (3) OTHER ASSISTANCE.—The Secretary and the Sec. 103. Refinery revitalization repeal. of capacity or higher. Administrator shall provide technical, legal, or Sec. 104. Standby support for refineries. (4) It serves the national interest to increase other assistance to State governments to facili- Sec. 105. Military use refinery. refinery capacity for gasoline, heating oil, diesel tate their review of applications to site, con- Sec. 106. Waiver authority for extreme fuel sup- fuel, and jet fuel wherever located within the struct, expand, or operate any refinery in that ply emergencies. United States, to bring more reliable and eco- State. Sec. 107. List of fuel blends. nomic supply to the American people. Sec. 108. Attainment dates for downwind ozone (b) PRESIDENTIAL DESIGNATION.— (5) According to economic analysis, house- (1) DESIGNATION REQUIREMENT.—Not later nonattainment areas. holds are conservatively estimated to spend an Sec. 109. Rebates for sales of royalty-in-kind oil than 90 days after the date of enactment of this average of $1,948 this year on gasoline, up 45 to qualified small refineries. Act, the President shall designate sites on Fed- percent from 3 years ago, and households with Sec. 110. Study and report relating to stream- eral lands, including closed military installa- incomes under $15,000 (1⁄5 of all households) this lining paperwork requirements. tions ‘‘subject to paragraph (3)’’, that are ap- year will spend, on average, more than 1⁄10 of Sec. 111. Response to biomass debris emergency. propriate for the purposes of siting a refinery. their income just on gasoline. (2) ANALYSIS OF REFINERY SITES.—IN CON- TITLE II—INCREASING DELIVERY (6) According to economic analysis, rural SIDERING ANY SITE ON FEDERAL LANDS FOR POS- INFRASTRUCTURE American households will spend $2,087 on gaso- SIBLE DESIGNATION UNDER THIS SUBJECTION, THE Sec. 201. Federal-State regulatory coordination. line this year. Rural Americans are paying an PRESIDENT SHALL CONDUCT AN ANALYSIS OF— Sec. 202. Process coordination and rules of pro- estimated 22 percent more for gasoline than (A) the availability of crude oil supplies to the cedure. their urban counterparts because they must site, including supplies from domestic produc- Sec. 203. Backup power capacity study. drive longer distances. tion of shale oil and tar sands and other stra- Sec. 204. Sunset of loan guarantees. (7) A growing reliance on foreign sources of tegic unconventional fuels; Sec. 205. Offshore pipelines. refined petroleum products impairs our national (B) the distribution of the Nation’s refined pe- Sec. 206. Savings clause. security interests and global competitiveness. troleum product demand; TITLE III—CONSERVATION AND (8) Refiners are subject to significant environ- (C) whether ‘‘such sites is’’ in close proximity EDUCATION mental and other regulations and face several to substantial pipeline infrastructure, including Sec. 301. Department of Energy carpooling and new Clean Air Act requirements over the next both crude oil and refined petroleum product vanpooling program. decade. New Clean Air Act requirements will pipelines, and potential infrastructure feasi- Sec. 302. Evaluation and assessment of carpool benefit the environment but will also require bility; and vanpool projects. substantial capital investment and additional (D) the need to diversify the geographical lo- Sec. 303. Internet utilization study. government permits. These new requirements in- cation of the domestic refining capacity; Sec. 304. Fuel consumption education cam- crease business uncertainty and dissuade invest- (E) the effect that increased refined petroleum paign. ment in new refinery capacity. products from a refinery on that site may have

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on the price and supply of gasoline to con- (A) within the National Park System; (2) COURT ACTION.—If the Court finds that an sumers; (B) within the National Wilderness Preserva- order or action described in paragraph (1)(A) is (F) ‘‘the impact of locating a refinery on the tion System; inconsistent with the Federal law governing site on the readiness and operations of the (C) designated as a National Monument; or such Federal refinery authorization, or that a Armed Forces’’; and (D) under the jurisdiction of the Department failure to act as described in paragraph (1)(B) (G) such other factors as the President con- of Defense or withdrawn from the public domain has occurred, and the order, action, or failure to siders appropriate. for use by the Armed Forces (other than a closed act would prevent the siting, construction, ex- (3) SPECIAL RULES FOR CLOSED MILITARY IN- military installation); and pansion, or operation of the refinery, the Court STALLATIONS.— (4) the term ‘‘State’’ means a State, the Dis- shall remand the proceeding to the agency or of- (A) DESIGNATION FOR CONSIDERATION AS RE- trict of Columbia, the Commonwealth of Puerto ficial to take appropriate action consistent with FINERY SITE.—Among the sites designated pursu- Rico, and any other territory or possession of the order of the Court. If the Court remands the ant to this subsection, the President shall des- the United States. order, action, or failure to act to the Federal or ignate no less than 3 closed military installa- SEC. 102. PROCESS COORDINATION AND RULES State administrative agency or official, the tions, or portions thereof, as suitable for the OF PROCEDURE. Court shall set a reasonable schedule and dead- construction of a refinery. (a) DEFINITION.—For purposes of this section line for the agency or official to act on remand. (B) EFFECT OF DESIGNATION.—In the case of a and section 105, the term ‘‘Federal refinery au- (3) SECRETARY’S ACTION.—For any civil action closed military installation, or portion thereof, thorization’’— brought under this subsection, the Secretary designated by the President as a potentially (1) means any authorization required under shall promptly file with the Court the consoli- suitable refinery site pursuant to this sub- Federal law, whether administered by a Federal dated record compiled by the Secretary pursuant section— or State administrative agency or official, with to subsection (d). (i) the redevelopment authority for the instal- respect to siting, construction, expansion, or op- (4) EXPEDITED REVIEW.—The Court shall set lation, in preparing or revising the redevelop- eration of a refinery; and any civil action brought under this subsection ment plan for the installation, shall consider the (2) includes any permits, special use author- for expedited consideration. feasibility and practicability of siting a refinery izations, certifications, opinions, or other ap- (5) ATTORNEY’S FEES.—In any action chal- on the installation; and provals required under Federal law with respect lenging a Federal refinery authorization that (ii) the Secretary of Defense, in a managing to siting, construction, expansion, or operation has been granted, reasonable attorney’s fees and disposing of real property at the installa- of a refinery. and other expenses of litigation shall be award- tion pursuant to the base closure law applicable (b) DESIGNATION AS LEAD AGENCY.— to the installation, shall given substantial def- (1) IN GENERAL.—The Department of Energy ed to the prevailing party. This paragraph shall erence to the recommendations of the redevelop- shall act as the lead agency for the purposes of not apply to any action seeking remedies for de- ment authority, as contained in the redevelop- coordinating all applicable Federal refinery au- nial of a Federal refinery authorization or fail- ment plan for the installation, regarding the thorizations and related environmental reviews ure to act on an application for a Federal refin- siting of a refinery on the installation. with respect to a refinery. ery authorization. (c) USE OF DESIGNATED SITES.— (2) OTHER AGENCIES.—Each Federal and State SEC. 103. REFINERY REVITALIZATION REPEAL. (1) LEASE.—Except as provided in paragraph agency or official required to provide a Federal Subtitle H of title III of the Energy Policy Act (2), the Federal Government shall offer for lease refinery authorization shall cooperate with the of 2005 and the items relating thereto in the any site designated by the President under sub- Secretary and comply with the deadlines estab- table of contents of such Act are repealed. section (b) consistent with procedures for the lished by the Secretary. SEC. 104. STANDBY SUPPORT FOR REFINERIES. disposition of such site under applicable Federal (c) SCHEDULE.— (a) DEFINITION.—For purposes of this section, property laws. Notwithstanding any provision (1) SECRETARY’S AUTHORITY TO SET SCHED- the term ‘‘authorization’’ means any authoriza- of such Federal property laws providing for the ULE.—The Secretary shall establish a schedule tion or permit required under State or Federal disposition or reuse of the site, a lease under for all Federal refinery authorizations with re- law. this paragraph shall be deemed to be the appro- spect to a refinery. In establishing the schedule, (b) CONTRACT AUTHORITY.— priate disposition of the site. A site shall not be the Secretary shall— (1) IN GENERAL.—The Secretary may enter into leased under this paragraph except for the pur- (A) ensure expeditious completion of all such contracts under this section with non-Federal pose of construction of a refinery. proceedings; and entities that the Secretary determines, at the (B) accommodate the applicable schedules es- (2) SPECIAL RULES FOR CLOSED MILITARY IN- sole discretion of the Secretary, to be the first tablished by Federal law for such proceedings. STALLATIONS.—Paragraph (1) shall not apply to non-Federal entities to enter into firm contracts (2) FAILURE TO MEET SCHEDULE.—If a Federal a closed military installation. The management after the date of enactment of this Act to con- and disposal of real property at a closed mili- or State administrative agency or official does not complete a proceeding for an approval that struct new refineries in the United States or re- tary installation, even a closed military installa- furbish and return to commercial operation ex- tion or portion thereof found to be suitable for is required for a Federal refinery authorization in accordance with the schedule established by isting but nonoperating refineries in the United the siting of a refinery under subsection (b)(3), States. The Secretary may enter into contracts shall be carried out in the manner provided by the Secretary under this subsection, the appli- cant may pursue remedies under subsection (e). under this section with respect to new refineries the base closure law applicable to the installa- or refurbished refineries that add a total of no tion. (d) CONSOLIDATED RECORD.—The Secretary shall, with the cooperation of Federal and State more than 2,000,000 barrels per day of refining (d) APPLICABILITY.—Section 102 shall only capacity to the refining capacity of the United apply to a refinery sited or proposed to be sited administrative agencies and officials, maintain a complete consolidated record of all decisions States as in existence on the date of enactment or expanded or proposed to be expanded— of this Act. (1) in a State whose governor has requested made or actions taken by the Secretary or by a (2) CONDITIONS.—Except as provided in para- applicability of such section pursuant to sub- Federal administrative agency or officer (or graphs (4) and (5), under a contract authorized section (a); State administrative agency or officer acting under paragraph (1), the Secretary shall pay to (2) on a site (other than a closed military in- under delegated Federal authority) with respect the non-Federal entity the costs specified in stallation or portion thereof) designated by the to any Federal refinery authorization. Such paragraph (3), using funds deposited in the President under subsection (b); record shall be the record for judicial review (3) on a closed military installation, or portion under subsection (e) of decisions made or ac- Standby Refinery Support Account established thereof, made available for the siting of a refin- tions taken by Federal and State administrative under subsection (c), if— ery in the manner provided by the base closure agencies and officials, except that, if the Court (A) the non-Federal entity has substantially law applicable to the installation; or determines that the record does not contain suf- completed construction of the new refinery or (4) on a site leased by the Secretary of a mili- ficient information, the Court may remand the the refurbished refinery and the initial commer- tary department under section 2667 of title 10, proceeding to the Secretary for further develop- cial operation of the new refinery or of the re- United States Code, or by the Secretary of De- ment of the consolidated record. furbished refinery is delayed because of— fense under section 2667a of such title for the (e) JUDICIAL REVIEW.— (i) litigation that could not have been reason- siting of a refinery. (1) IN GENERAL.—The United States Court of ably foreseen by the non-Federal entity at the (e) DEFINITION.—For purposes of this sec- Appeals for the District of Columbia shall have time the non-Federal entity entered into the tion— original and exclusive jurisdiction over any civil firm contract to construct; or (1) the term ‘‘base closure law’’ means the De- action for the review of— (ii) a failure of an agency of the Federal Gov- fense Base Closure and Realignment Act of 1990 (A) an order or action, related to a Federal re- ernment or of a State government to grant an (part A of title XXIX of Public Law 101–510; 10 finery authorization, by a Federal or State ad- authorization within a period specified in the U.S.C. 2687 note) and title II of the Defense Au- ministrative agency or official; and contract authorized by this section; or thorization Amendments and Base Closure and (B) an alleged failure to act by a Federal or (B) the throughput level of commercial oper- Realignment Act (Public Law 100–526; 10 U.S.C. State administrative agency or official acting ation of the new or refurbished refinery is sub- 2687 note); pursuant to a Federal refinery authorization. stantially reduced due to— (2) the term ‘‘closed military installation’’ The failure of an agency or official to act on a (i) State or Federal law or regulations enacted means a military installation closed or approved Federal refinery authorization in accordance or implemented after the firm contract was en- for closure pursuant to a base closure law; with the Secretary’s schedule established pursu- tered into; or (3) the term ‘‘Federal lands’’ means all land ant to subsection (c) shall be considered incon- (ii) litigation, that could not have been rea- owned by the United States, except that such sistent with Federal law for the purposes of sonably foreseen by the non-Federal entity, dis- term does not include land— paragraph (2) of this subsection. puting actions taken by the non-Federal entity

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to conform with and satisfy Federal law or reg- (b) SOLICITATION FOR DESIGN, CONSTRUCTION, (2) In such redesignated clause (x) by striking ulations enacted or implemented after the firm AND OPERATION.—The President shall solicit ‘‘this clause’’ and inserting ‘‘clause (viii) or contract was entered into. proposals for the design, construction, and oper- clause (ix)’’. (3) COVERED COSTS.—Under a contract au- ation of a refinery ‘‘(or any combination there- (3) By inserting the following new subclause thorized under this section, the Secretary shall of)’’ under this section. In selecting a proposal at the end of clause (viii) (as so redesignated by pay— or proposals under this subsection, the President section 107(1) of this Act): (A) in the case of a delay described in para- shall consider— ‘‘(VI) The provisions of this clause, including graph (2)(A), all costs of the delay in the initial (1) the ability of the applicant to undertake the limitations of the authority of the Adminis- commercial operation of a new refining or a re- and complete the project; trator and the limit on the total number of fuels furbished refinery, including the principal or in- (2) the extent to which the applicant’s pro- permitted, shall remain in effect until the publi- terest due on any debt obligation of the new re- posal serves the purposes of the project; and cation of the list under subclause (III) of clause finery or of the refurbished refinery during the (3) the ability of the applicant to best satisfy (ix).’’. delay, and any consequential damages; and the criteria set forth in subsection (c). (4) By inserting the following new clause after (B) in the case of a substantial reduction de- (c) REFINERY CRITERIA.—A refinery con- clause (viii) (as so redesignated): ‘‘(ix)(I) The Administrator’’, in coordination scribed in paragraph (2)(B), all costs necessary structed under this section shall meet or exceed with the Secretary of Energy (hereinafter in this to offset the costs of the reduced throughput the industry average for— clause referred to as the ‘Secretary’), shall iden- and the costs of complying with the new State (1) construction efficiencies; and tify and publish in the Federal Register, within or Federal law or regulations. (2) operational efficiencies, including cost effi- 12 months after the enactment of this subclause (4) COSTS NOT COVERED.—The Secretary shall ciencies. and after notice and opportunity for public com- not enter into a contract under this section that (d) USE OF PRODUCTS.—All petroleum prod- ment, a list of ‘‘6 gasoline and diesel fuels’’ to would obligate the Secretary to pay any costs ucts manufactured at a refinery constructed be used in States that have not received a waiv- resulting from— under this section shall be sold to the Federal er under section 209(b) of this Act or any State (A) except as provided in paragraph (3)(B), a Government at a price not to exceed the fair dependent on refineries in such State for gaso- failure of the non-Federal entity to take any ac- market value of the petroleum products,’’ for line or diesel fuel supplies. The list shall be re- tion required by law or regulation; or use by the Armed Forces of the United States. ferred to as the ‘Federal Fuels List’ and shall (B) events within the control of the non-Fed- (e) FUNDING.—A contract for the design or include one Federal diesel fuel, ‘‘one other die- eral entity. construction of a refinery may not be entered sel fuel’’, one conventional gasoline for ozone (5) DEPOSIT.—The Secretary shall not enter into under this section in advance of the appro- attainment areas, one reformulated gasoline into a contract authorized under this section priation of funds sufficient for such purpose. (RFG) meeting the requirements of subsection until the Secretary has deposited into the Funds appropriated for the Department or De- (k), and ‘‘2 additional gasolines’’ with Reid Standby Refinery Support Account amounts fense or for Department of Energy national se- vapor pressure (RVP) controls for use in ozone sufficient to cover the costs specified in para- curity programs may not be used to enter into nonattainment areas of varying degrees of se- graph (3). contracts under this section for the design, con- verity. ‘‘None of the fuels’’ identified under this (c) STANDBY REFINERY SUPPORT ACCOUNT.— struction, or operation of a refinery. Funds ap- subclause shall control fuel sulfur or toxics lev- There is established in the Treasury an account propriated for the Department of Defense may els beyond levels required by regulations of the known as the Standby Refinery Support Ac- be used to purchase petroleum products manu- Administrator. count. The Secretary shall deposit into this ac- factured at a refinery constructed under this ‘‘(II) Gasoline and ‘‘diesel fuels’’ shall be in- count amounts appropriated, in advance of en- section for use by the Armed Forces. cluded on the Federal Fuels List based on the tering into a contract authorized by this section, (f) DEFINITIONS.—For purposes of this section, Administrator’s analysis of their ability to re- to the Secretary for the purpose of carrying out the terms ‘‘base closure law’’ and ‘‘closed mili- duce ozone emissions to assist States in attain- this section and payments paid to the Secretary tary installation’’ have the meanings given ing established ozone standards under this Act, by any non-Federal source for the purpose of those terms in section 101. and on an analysis by the Secretary that the carrying out this section. The Secretary may re- SEC. 106. WAIVER AUTHORITY FOR EXTREME adoption of the Federal Fuels List will not re- ceive and accept payments from any non-Fed- FUEL SUPPLY EMERGENCIES. sult in a reduction in supply or in producibility, eral source, which shall be made available with- Section 211(c)(4)(C) of the Clean Air Act (42 including that caused by a reduction in domes- out further appropriation for the payment of the U.S.C. 7545) is amended— tic refining capacity triggered by this clause. In covered costs. (1) by redesignating the second clause (v) as the event the Secretary concludes that adoption (d) REGULATIONS.—The Secretary may issue clause (viii); of the Federal Fuels List will result in a reduc- regulations necessary or appropriate to carry (2) by redesignating clause (v) as clause (vii); tion in supply or in producibility, the Adminis- out this section. (3) by inserting after clause (iv) the following: trator and the Secretary shall report that con- (e) REPORTS.—The Secretary shall file with ‘‘(v)(I) For the purpose of alleviating an ex- clusion to Congress, and suspend implementa- Congress annually a report of the Secretary’s treme and unusual fuel or fuel additive supply tion of this clause. The Administrator and the activities under this section and the activities of emergency resulting from a natural disaster, Secretary shall conduct the study required the non-Federal entity under any contract en- ‘‘the President, in consultation with the Admin- under section 1541(c) of the Energy Policy Act of tered into under this section. istrator and the Secretary of Energy may tempo- 2005 on the timetable required in that section to (f) AUTHORIZATION OF APPROPRIATIONS.— rarily waive any control or prohibition respect- provide Congress with legislative recommenda- There are authorized to be appropriated to the ing the use of a fuel or fuel additive required by tions for modifications to the proposed Federal Secretary such sums as are necessary to carry this subsection or by subsection (h), (i), (k), or Fuels List only if the Secretary concludes that out this section. (m); and may, with respect to a State implemen- adoption of the Federal Fuels List will result in (g) APPLICABILITY.—This section shall only tation plan, temporarily waive any equivalent a reduction in supply or in producibility. apply to refineries sited or proposed to be sited— control or prohibition respecting the use of a ‘‘(III) Upon publication of the Federal Fuels (1) in a State whose governor has requested fuel or fuel additive required by this subpara- List, the Administrator shall have no authority, applicability of this section pursuant to section graph. Nothing in this clause shall be construed when considering a State implementation plan 101(a)(1); or to authorize the waiver of, or to affect in any or State implementation plan revision, to ap- (2) on a site designated by the President under way, any Federal or State law or regulation prove under this subparagraph any fuel in- section 101(b). pertaining to ethanol or methyl tertiary butyl cluded in such plan or plan revision if the fuel SEC. 105. MILITARY USE REFINERY. ether.’’ proposed is not one of the fuels included on the (a) AUTHORIZATION.—If the President deter- (4) by inserting after clause (v) (as inserted by Federal Fuels List; or to approve such plan or mines that there is not sufficient refining capac- paragraph (3)) the following: revision unless, after consultation with the Sec- ity in the United States, the President may au- ‘‘(vi) A State shall not be subject to any find- retary, the Administrator publishes in the Fed- thorize the design and construction of a refinery ing, disapproval, or determination by the Ad- eral Register, after notice and opportunity for that will be— ministrator under section 179, no person may public comment, a finding that, in the Adminis- (1) located at a site— bring an action against a State or the Adminis- trator’s judgment, such revisions to newly adopt (A) designated by the President under section trator under section 304, and the Administrator one of the fuels included on the Federal Fuels 101(b), other than a closed military installation shall not take any action under section 110(c) to List will not cause fuel supply or distribution or portion thereof; or require the revision of an applicable implemen- interruptions or have a significant adverse im- (B) on a closed military installation, or por- tation plan, because of any emissions attrib- pact on fuel producibility in the affected area or tion thereof, made available for the siting of a utable to a waiver granted by the Administrator contiguous area. The Administrator’s findings refinery in the manner provided by the base clo- under clause (ii) or by the President under shall include an assessment of reasonably fore- sure law applicable to the installation; clause (v).’’. seeable supply distribution emergencies that (2) disposed of in the manner provided in SEC. 107. LIST OF FUELS. could occur in the affected area or contiguous paragraph (1) of section 101(c) or, in the case of (a) LIST OF FUELS.—Section 211(c)(4)(C) of the area and how adoption of the particular fuel re- a closed military installation, or portion thereof, Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amend- vision would effect supply opportunities during paragraph (2) of such section; and ed as follows: reasonably foreseeable supply distribution emer- (3) reserved for the exclusive purpose of manu- (1) By redesignating subclause (VI) of clause gencies. facturing petroleum products for consumption (viii) (as so redesignated by section 107(1) of this ‘‘(IV) The Administrator, in consultation with by the Armed Forces. Act) as clause (x). the Secretary, shall develop a plan to harmonize

VerDate Aug 31 2005 08:23 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\A07OC7.008 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8759 the ‘‘currently approved fuels’’ in State imple- the downwind area, including any requirements (2) shall not exceed $4.50 per barrel of oil sold. mentation plans with ‘‘the fuels included’’ on applicable to the area under section 172(c) for (c) SUBJECT TO APPROPRIATIONS.—The re- the Federal Fuels List and shall promulgate im- such standard; quirement to pay rebates under this section is plementing regulations for this plan not later ‘‘(B) includes any additional measures needed subject to the availability of funds provided in than 18 months after enactment of this sub- to demonstrate attainment by the extended at- advance in appropriations Acts. clause. This harmonization shall be fully imple- tainment date provided under this subsection, (d) TERMINATION.—This section and any regu- mented by the States by December 31, 2008.’’. and provides for implementation of those meas- lations issued under this section shall not apply (b) STUDY.—Section 1541(c)(2) of the Energy ures as expeditiously as practicable; and on and after any date on which the Secretary of Policy Act of 2005 is amended to read as follows: ‘‘(C) provides appropriate measures to ensure Energy determines that United States domestic ‘‘(2) FOCUS OF STUDY.—The primary focus of that no area downwind of the area receiving the refining capacity is sufficient. the study required under paragraph (1) shall be extended attainment date will be affected by (e) QUALIFIED SMALL REFINERY DEFINED.—In to determine how to develop a Federal fuels sys- transport to a degree that affects the area’s abil- this section the term ‘‘qualified small refinery’’ tem that maximizes motor fuel fungibility and ity to attain, from the area receiving the exten- means a refinery of a small business refiner (as supply, preserves air quality standards, and re- sion. that term is defined in section 45H(c)(1) of the duces motor fuel price volatility that results ‘‘(4) PRIOR RECLASSIFICATION DETERMINA- Internal Revenue Code of 1986) that dem- from the proliferation of boutique fuels, and to TION.—If, after April 1, 2003, and prior to the onstrates to the Secretary of the Interior that it recommend to Congress such legislative changes time the 1-hour ozone standard no longer ap- had unused crude oil processing capacity in as are necessary to implement such a system. plies to a downwind area, the Administrator 2004. The study should include the impacts on overall made a reclassification determination under subsection (b)(2)(A) for such downwind area, SEC. 111. STUDY AND REPORT RELATING TO energy supply, distribution, and use as a result STREAMLINING PAPERWORK RE- of the legislative changes recommended. The and the Administrator approves a plan con- QUIREMENTS. sistent with subparagraphs (A) and (B) for such study should include an analysis of the impact (a) STUDY.—The Administrator shall study on ozone emissions and supply of a mandatory area, the reclassification shall be withdrawn ways to streamline the paperwork requirements reduction in ‘‘the number of fuels’’ to 6, includ- and, for purposes of implementing the 8-hour associated with title V of the Clean Air Act and ozone national ambient air quality standard, ing one Federal diesel fuel, ‘‘one other diesel corresponding requirements under State laws, the area shall be treated as if the reclassifica- fuel’’, one conventional gasoline for ozone at- particularly with regard to States that have tion never occurred. Such plan must be sub- tainment areas, one reformulated gasoline more stringent requirements than the Federal mitted no later than 12 months following enact- (RFG) meeting the requirements of subsection Government in this area. ment of this subsection, and— (b) REPORT.—Not later than one year after (k), and 2 ‘‘additional gasolines’’ with Reid ‘‘(A) the plan revision for the downwind area vapor pressure (RVP) controls for use in ozone must comply with all control and planning re- the date of the enactment of this Act, the Ad- nonattainment areas of varying degrees of se- quirements of this Act applicable under the clas- ministrator shall report to Congress the results verity.’’. sification that applied immediately prior to re- of the study made under subsection (a), together SEC. 108. ATTAINMENT DATES FOR DOWNWIND classification, including any requirements appli- with recommendations on how to streamline OZONE NONATTAINMENT AREAS. cable to the area under section 172(c) for such those paperwork requirements. Section 181 of the Clean Air Act (42 U.S.C. standard; and SEC. 112. RESPONSE TO BIOMASS DEBRIS EMER- 7511) is amended by adding the following new ‘‘(B) the plan must include any additional GENCY. subsection at the end thereof: measures needed to demonstrate attainment no (a) USE OF BIOMASS DEBRIS AS FUEL.—Not- ‘‘(d) EXTENDED ATTAINMENT DATE FOR CER- later than the date on which the last reductions withstanding any other provision of law, the TAIN DOWNWIND AREAS.— in pollution transport that have been found by Secretary of Energy may authorize any facility ‘‘(1) DEFINITIONS.—In this subsection: the Administrator to significantly contribute to to use as fuel biomass debris if— ‘‘(A) The term ‘upwind area’ means an area nonattainment are required to be achieved by (1) the debris results from a major disaster de- that— the upwind area or areas. clared in accordance with section 401 of the ‘‘(i) affects nonattainment in another area, Robert T. Stafford Disaster Relief and Emer- hereinafter referred to as a downwind area; and The attainment date extended under this sub- section shall provide for attainment of such na- gency Assistance Act (42 U.S.C. 5170); ‘‘(ii) is either— (2) the debris is located in the area for which ‘‘(I) a nonattainment area with a later attain- tional ambient air quality standard for ozone in the downwind area as expeditiously as prac- the major disaster is declared; and ment date than the downwind area, or (3) the requirements of subsection (b) are met. ‘‘(II) an area in another State that the Ad- ticable but no later than the end of the first (b) CERTIFICATION.—A facility described in ministrator has found to be significantly con- complete ozone season following the date on subsection (a)— tributing to nonattainment in the downwind which the last reductions in pollution transport that have been found by the Administrator to (1) shall certify to the State in which the fa- area in violation of section 110(a)(2)(D) and for cility is located that no significant impact on which the Administrator has established re- significantly contribute to nonattainment are required to be achieved by the upwind area or meeting national ambient air quality standards quirements through notice and comment rule- will result and shall propose emission limits ade- making to eliminate the emissions causing such areas. ‘‘(5) EXTENDED DATE.—The attainment date quate to support such certification; and significant contribution. (2) may begin burning biomass debris fuel ‘‘(B) The term ‘current classification’ means extended under this subsection shall provide for attainment of such national ambient air quality upon filing the certification required by para- the classification of a downwind area under this standard for ozone in the downwind area as ex- graph (1) unless the State notifies the facility to section at the time of the determination under peditiously as practicable but no later than the the contrary. paragraph (2). new date that the area would have been subject (c) EMISSION LIMITS.—The State in which a ‘‘(2) EXTENSION.—Notwithstanding the provi- facility described in subsection (a) is located sions of subsection (b)(2) of this section, a down- to had it been reclassified under subsection shall— wind area that is not in attainment within 18 (b)(2). ‘‘(6) RULEMAKING.—Within 12 months after (1) adopt (or as appropriate amend) the pro- months of the attainment deadline required the enactment of this subsection, the Adminis- posed emission limits for the biomass burning at under this section may seek an extension of time trator shall, through notice and comment, pro- the facility; and to come into attainment by petitioning the Ad- mulgate rules to define the term ‘affected by (2) retain other existing emissions limits wher- ministrator for such an extension. If the Admin- transport to a degree that affects an areas abil- ever they are necessary and reasonable. istrator— ity to attain’ in order to ensure that downwind (d) NEW SOURCE REVIEW.—No activities need- ‘‘(A) determines that any area is a downwind areas are not unjustly penalized, and for pur- ed to qualify a facility to burn biomass debris as area with respect to a particular national ambi- poses of paragraphs (2) and (3) of this sub- fuel in accordance with this section shall trigger ent air quality standard for ozone; section.’’. ‘‘(B) approves a plan revision for such area as the requirements of new source review or new provided in paragraph (3) prior to a reclassifica- SEC. 110. REBATES FOR SALES OF ROYALTY-IN- source performance standards under the Clean KIND OIL TO QUALIFIED SMALL RE- Air Act. tion under subsection (b)(2)(A); and FINERIES. ‘‘(C) determines that the petitioning down- (a) REQUIREMENT.—The Secretary of the Inte- TITLE II—INCREASING DELIVERY wind area has demonstrated that it is affected rior shall issue and begin implementing regula- INFRASTRUCTURE by transport from an upwind area to a degree tions by not later than 60 days after the date of SEC. 201. FEDERAL-STATE REGULATORY COORDI- that affects the area’s ability to attain, the enactment of this Act, under which the Sec- NATION. the Administrator, in lieu of such reclassifica- retary of the Interior shall pay to a qualified (a) GOVERNOR’S REQUEST.—The Governor of a tion, may extend the attainment date for such small refinery a rebate for any sale to the quali- State may submit a request to the Commission downwind area for such standard in accordance fied small refinery of crude oil obtained by the for the application of process coordination and with paragraph (5). United States as royalty-in-kind. rules of procedure under section 202 to the siting ‘‘(3) APPROVAL.—In order to extend the at- (b) AMOUNT OF REBATE.—The amount of any of a crude oil or refined petroleum product pipe- tainment date for a downwind area under this rebate paid pursuant to this section with respect line facility in that State. subsection, the Administrator may approve a re- to any sale of crude oil to a qualified small re- (b) APPLICABILITY.—Section 202 shall only vision of the applicable implementation plan for finery— apply to crude oil or refined petroleum product the downwind area for such standard that— (1) shall reflect the actual costs of trans- pipeline facilities sited or proposed to be sited in ‘‘(A) complies with all requirements of this Act porting such oil from the point of origin to the a State whose Governor has requested such ap- applicable under the current classification of qualified small refinery; and plicability under subsection (a).

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(c) INTERSTATE COMPACTS.—(1) The consent of with the Commission’s schedule established pur- ‘‘(B) a notation of shipper affiliation; Congress is given for 2 or more contiguous States suant to subsection (c) shall be considered in- ‘‘(C) the type of service provided; to enter into an interstate compact, subject to consistent with Federal law for the purposes of ‘‘(D) primary receipt points; approval by Congress, establishing regional paragraph (2) of this subsection. ‘‘(E) primary delivery points; pipeline siting agencies to facilitate siting of fu- (2) COURT ACTION.—If the Court finds that an ‘‘(F) rates between each pair of points; and ture crude oil or refined petroleum product pipe- order or action described in paragraph (1)(A) is ‘‘(G) other conditions of service deemed rel- line facilities within those States. inconsistent with the Federal law governing evant by the gas service provider. (2) The Secretary may provide technical as- such Federal pipeline authorization, or that a ‘‘(3) This subsection shall not apply to— sistance to regional pipeline siting agencies es- failure to act as described in paragraph (1)(B) ‘‘(A) a gas service company that serves exclu- tablished under this subsection. has occurred, and the order, action, or failure to sively a single entity (either itself or one other SEC. 202. PROCESS COORDINATION AND RULES act would prevent the siting of the crude oil or party), until such time as— OF PROCEDURE. refined petroleum product pipeline facility, the ‘‘(i) the gas service provider agrees to serve a (a) DEFINITIONS.—For purposes of this title— Court shall remand the proceeding to the agen- second shipper; or (1) the term ‘‘Commission’’ means the Federal cy or official to take appropriate action con- ‘‘(ii) a determination is made that the gas Energy Regulatory Commission; and sistent with the order of the Court. If the Court service provider’s denial of a request for service (2) the term ‘‘Federal pipeline authoriza- remands the order, action, or failure to act to is unjustified; tion’’— the Federal or State administrative agency or ‘‘(B) a gas service provider that serves exclu- (A) means any authorization required under official, the Court shall set a reasonable sched- sively shippers with ownership interests in both Federal law, whether administered by a Federal ule and deadline for the agency or official to act the pipeline operated by the gas service provider or State administrative agency or official, with on remand. and the gas produced from a field or fields con- respect to siting of a crude oil or refined petro- (3) COMMISSION’S ACTION.—For any civil ac- nected to a single pipeline, until such time as— leum product pipeline facility in interstate com- tion brought under this subsection, the Commis- ‘‘(i) the gas service provider offers to serve a merce; and sion shall promptly file with the Court the con- nonowner shipper; or (B) includes any permits, special use author- solidated record compiled by the Commission ‘‘(ii) a determination is made that the gas izations, certifications, opinions, or other ap- pursuant to subsection (d). service provider’s denial of a request for service provals required under Federal law with respect (4) EXPEDITED REVIEW.—The Court shall set is unjustified; to siting of a crude oil or refined petroleum any civil action brought under this subsection ‘‘(C) service rendered over facilities that feed product pipeline facility in interstate commerce. for expedited consideration. into a facility where natural gas is first col- (b) DESIGNATION AS LEAD AGENCY.— (5) ATTORNEY’S FEES.—In any action chal- lected, separated, dehydrated, or otherwise (1) IN GENERAL.—The Commission shall act as lenging a Federal pipeline authorization that processed; and the lead agency for the purposes of coordinating has been granted, reasonable attorney’s fees ‘‘(D) gas service providers’ facilities and serv- all applicable Federal pipeline authorizations and other expenses of litigation shall be award- ice regulated by the Commission under section 7 and related environmental reviews with respect ed to the prevailing party. This paragraph shall of this Act. to a crude oil or refined petroleum product pipe- not apply to any action seeking remedies for de- ‘‘(4) When a gas service provider subject to line facility. nial of a Federal pipeline authorization or fail- this subsection alters its affiliates, customers, (2) OTHER AGENCIES.—Each Federal and State ure to act on an application for a Federal pipe- rates, conditions of service, or facilities, within agency or official required to provide Federal line authorization. any calendar quarter, it must then file with the pipeline authorization shall cooperate with the SEC. 203. BACKUP POWER CAPACITY STUDY. Commission, on the first business day of the Commission and comply with the deadlines es- Not later than 6 months after the date of en- subsequent quarter, a revised report describing tablished by the Commission. actment of this Act, the Secretary shall transmit the status of its services and facilities.’’. (c) SCHEDULE.— to the Congress a report assessing the adequacy SEC. 206. SAVINGS CLAUSE. (1) COMMISSION’S AUTHORITY TO SET SCHED- of backup power capacity in place as of the date Nothing in this title shall be construed to ULE.—The Commission shall establish a schedule of enactment of this Act, and the need for any amend, alter, or in any way affect the jurisdic- for all Federal pipeline authorizations with re- additional capacity, to provide for the con- tion or responsibilities of the Department of spect to a crude oil or refined petroleum product tinuing operation during any reasonably fore- Transportation with respect to pipeline safety pipeline facility. In establishing the schedule, seeable emergency situation, of those crude oil issues under chapter 601 of title 49, United the Commission shall— or refined petroleum product pipeline facilities States Code, or any other law. (A) ensure expeditious completion of all such that the Secretary finds to be significant to the proceedings; and TITLE III—CONSERVATION AND Nation’s supply needs, in areas that have his- EDUCATION (B) accommodate the applicable schedules es- torically been subject to higher incidents of nat- tablished by Federal law for such proceedings. ural disasters such as hurricanes, earthquakes, SEC. 301. DEPARTMENT OF ENERGY CARPOOLING AND VANPOOLING PROGRAM. (2) FAILURE TO MEET SCHEDULE.—If a Federal and tornados. or State administrative agency or official does (a) FINDINGS.—Congress finds the following: SEC. 204. SUNSET OF LOAN GUARANTEES. not complete a proceeding for an approval that (1) Metropolitan transit organizations have Section 116(a) of the Alaska Natural Gas Pipe- is required for a Federal pipeline authorization reported heightened interest in carpooling and line Act is amended by adding at the end the in accordance with the schedule established by vanpooling projects in light of recent increases following new paragraph: the Commission under this subsection, the appli- ‘‘(4) The Secretary shall not enter into an in gasoline prices. cant may pursue remedies under subsection (e). agreement under paragraph (1) or (2) after the (2) The National Transportation Database re- (d) CONSOLIDATED RECORD.—The Commission date that is 24 months after the date of enact- ports that, in 2003, American commuters trav- shall, with the cooperation of Federal and State ment of the Gasoline for America’s Security Act eled over 440,000 miles using public transpor- administrative agencies and officials, maintain of 2005 if the State of Alaska has not entered tation vanpools, an increase of 60 percent since a complete consolidated record of all decisions into an agreement pursuant to the Alaska 1996. made or actions taken by the Commission or by Stranded Gas Development Act which in good (3) According to the Natural Resource Defense a Federal administrative agency or officer (or faith contractually binds the parties to deliver Council, if each commuter car carried just one State administrative agency or officer acting North Slope natural gas to markets via the pro- more passenger once a week, American gasoline under delegated Federal authority) with respect posed Alaska Natural Gas Pipeline.’’. consumption would be reduced by about 2 per- to any Federal pipeline authorization. Such cent. SEC. 205. OFFSHORE PIPELINES. record shall be the record for judicial review (b) ESTABLISHMENT OF PROGRAM.—The Sec- The Natural Gas Act is amended— under subsection (e) of decisions made or ac- (1) in section 1(b) 15 U.S.C. 717(b)) by insert- retary shall establish and carry out a program tions taken by Federal and State administrative ing after ‘‘to the production or’’ the following: to encourage the use of carpooling and van- agencies and officials, except that, if the Court ‘‘, except as provided in section 4(g),’’; and pooling to reduce the consumption of gasoline. determines that the record does not contain suf- (2) in section 4 (15 U.S.C. 717(b)) by adding at The program shall focus on carpool and vanpool ficient information, the Court may remand the the end the following: operations, outreach activities, and marketing proceeding to the Commission for further devel- ‘‘(g)(1) For the purposes of this subsection— programs, including utilization of the Internet opment of the consolidated record. ‘‘(A) the term ‘gas service provider’ means an for marketing and outreach. (e) JUDICIAL REVIEW.— entity that operates a facility located in the (c) GRANTS TO STATE AND LOCAL GOVERN- (1) IN GENERAL.—The United States Court of outer Continental Shelf that is used to ‘‘gather MENTS.—As part of the program established Appeals for the District of Columbia shall have or transport natural gas’’ on or across the outer under subsection (b), the Secretary may make original and exclusive jurisdiction over any civil Continental Shelf; and grants to State and local governments for car- action for the review of— ‘‘(B) the term ‘outer Continental Shelf’ has pooling or vanpooling projects. The Secretary (A) an order or action related to a Federal the meaning given that term in section 2(a) of may make such a grant only if at least 50 per- pipeline authorization by a Federal or State ad- the Outer Continental Shelf Lands Act (43 cent of the costs of the project will be provided ministrative agency or official; and U.S.C. 1331(a)). by the State or local government. If a private (B) an alleged failure to act by a Federal or ‘‘(2) All gas service providers shall submit to sector entity provides vehicles for use in a car- State administrative agency or official acting the Commission annually the conditions of serv- pooling or vanpooling project supported under pursuant to a Federal pipeline authorization. ice for each shipper served, consisting of— this subsection, the value of those vehicles may The failure of an agency or official to act on a ‘‘(A) the full legal name of the shipper receiv- be counted as part of the State or local contribu- Federal pipeline authorization in accordance ing service; tion to the project.

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(d) CONSIDERATIONS.—In making grants for SEC. 306. MINORITY EMPLOYMENT. (1) a comparison of, and analysis of the rea- projects under subsection (c), the Secretary shall Section 385 of the Energy Policy Act of 2005 is sons for changes in, profit levels of subject com- consider each of the following: amended by adding at the end the following: panies during the 12-month period ending on (1) The potential of the project to promote oil ‘‘(d) PROGRAM.—The Secretary of Energy is August 31, 2005, and their profit levels for the conservation. authorized and directed to establish a program month of September, 2005, including information (2) The contribution of the project to State or to encourage minority students to study the for particular companies on a basis that does local disaster evacuation plans. earth sciences and enter the field of geology in not permit the identification of any company to (3) Whether the area in which the project is order to qualify for employment in the oil, gas, which the information relates; located is a nonattainment area (as that term is and mineral industries. There are authorized to (2) a summary of tax expenditures (as defined defined in section 171 of the Clean Air Act (42 be appropriated for the program established in section 3(3) of the Congressional Budget and U.S.C. 7501)). under the preceding sentence $10,000,000.’’. Impoundment Control Act of 1974 (2 U.S.C. SEC. 302. EVALUATION AND ASSESSMENT OF CAR- TITLE IV—GASOLINE PRICE REFORM 622(3)) for such companies; (3) an examination of the effects of increased POOL AND VANPOOL PROJECTS. SEC. 401. SHORT TITLE. gasoline prices and gasoline price-gouging on (a) IN GENERAL.—The Administrator, in con- This title may be cited as the ‘‘Gas Price sultation with the Secretary, shall evaluate and economic activity in the United States; Gouging Prevention Act’’. (4) an analysis of the overall cost of increased assess carpool and vanpool projects funded SEC. 402. GASOLINE PRICE GOUGING PROHIB- gasoline prices and gasoline price-gouging to the under the congestion mitigation and air quality ITED. economy, including the impact on consumers’ program established under section 149 of title 23, (a) UNLAWFUL CONDUCT.—During a period of purchasing power in both declared State and United States Code, to— a major disaster, it shall be unfair or deceptive National disaster areas and elsewhere; and (1) reduce consumption of gasoline; act or practice in violation of section 5 of the (5) an analysis of the role and overall cost of (2) determine the direct and indirect impact of Federal Trade Commission Act for any person to credit card interchange rates on gasoline and the projects on air quality and congestion levels; sell crude oil, gasoline, diesel fuel, or home heat- diesel fuel retail prices. and ing oil at a price which constitutes price (b) SUBJECT COMPANIES.—The companies sub- (3) ensure the effective implementation of the gouging as defined by rule pursuant to sub- ject to the investigation required by this section projects under such program. section (b). shall be— (b) REPORT.—Not later than 180 days after the (b) PRICE GOUGING.—Not later than 6 months (1) any company with total United States date of enactment of this Act, the Adminis- after the date of the enactment of this Act, the wholesale sales of gasoline and petroleum dis- trator, in consultation with the Secretary, shall Federal Trade Commission shall promulgate any tillates for calendar year 2004 in excess of submit to Congress a report including rec- rules necessary for the enforcement of this sec- $500,000,000; and ommendations and findings that would improve tion. Such rules shall define ‘‘price gouging’’ for (2) any retail distributor of gasoline and pe- the operation and evaluation of carpool and purposes of this section, and shall be consistent troleum distillates against which multiple formal vanpool projects funded under the congestion with the requirements for declaring unfair acts complaints (that identify the location of the mitigation and air quality improvement program or practices in section 5(n) of the Federal Trade particular retail distributor and provide contact and shall make such report available to all State Commission Act (15 U.S.C. 45(n)). information for the complainant) of price- and local metropolitan planning organizations. (c) ENFORCEMENT BY FTC.— gouging were filed in August or September 2005, SEC. 303. INTERNET UTILIZATION STUDY. (1) IN GENERAL.—A violation of subsection (a) with a Federal or State consumer protection shall be treated as a violation of a rule defining (a) IN GENERAL.—The Secretary, under the agency. program established in section 301, shall evalu- an unfair or deceptive act or practice prescribed (c) EVIDENCE OF PRICE-GOUGING.—In con- ate the capacity of the Internet to facilitate car- under section 18(a)(1)(B) of the Federal Trade ducting its investigation, the Commission shall pool and vanpool operations through— Commission Act (15 U.S.C. 57a(a)(1)(B)). The treat as evidence of price-gouging any finding (1) linking riders with local carpools and van- Federal Trade Commission shall enforce this that the average price of gasoline available for pools; section in the same manner, by the same means, sale to the public in September, 2005, or there- (2) providing real-time messaging communica- and with the same jurisdiction as though all ap- after in a market area located in an area des- tion between drivers and riders; plicable terms and provisions of the Federal ignated as a State or National disaster area be- (3) assisting employers to establish intercom- Trade Commission Act were incorporated into cause of Hurricane Katrina, or in any other pany vanpool and carpool programs; and and made a part of this section. area where price-gouging complaints have been (2) EXCLUSIVE ENFORCEMENT.—Notwith- (4) marketing existing vanpool and carpool filed because of Hurricane Katrina with a Fed- standing any other provision of law, no person programs. eral or State consumer protection agency, ex- or State or political subdivision of a State other ceeded the average price of such gasoline in that (b) REPORT.—Not later than 180 days after the than the Federal Trade Commission, or the At- date of enactment of this Act, the Secretary area for the month of August, 2005, unless the torney General to the extent provided for in sec- shall submit to Congress a report including rec- Commission finds substantial evidence that the tion 5 of the Federal Trade Commission Act, increase is substantially attributable to addi- ommendations and findings that would improve shall have any authority to enforce this section, tional costs in connection with the production, Internet utilization in carpool and vanpool op- or any rule prescribed pursuant to this section. transportation, delivery, and sale of gasoline in erations and shall make such report available to (d) PENALTIES.—Any person who violates sub- that area or to national or international market all State and local metropolitan planning orga- section (a), or the rules promulgated pursuant trends. nizations. to this section, shall be subject to a civil penalty (d) REPORTS.— SEC. 304. FUEL CONSUMPTION EDUCATION CAM- of not more than $11,000 per violation. (1) NOTIFICATION TO STATE AGENCIES.—In any PAIGN. (e) DEFINITION OF MAJOR DISASTER.— areas of markets in which the Commission deter- (a) PARTNERSHIP.—The Secretary shall enter (1) DETERMINATION.—As used in this section, mines price increases are due to factors other into a partnership with interested industry and for purposes of any rule promulgated pur- than the additional costs, it shall also notify the groups to create an education campaign that suant to this section, the term ‘‘major disaster’’ appropriate State agency of its findings. provides information to United States drivers means a major disaster declared by the Presi- (2) PROGRESS AND FINAL REPORTS TO CON- about measures that may be taken to conserve dent as defined in section 102(2) of the Robert T. GRESS.—The Commission shall provide informa- gasoline. Stafford Disaster Relief and Emergency Assist- tion on the progress of the investigation to the (b) ACCESSIBILITY.—The public information ance Act (42 U.S.C. 5122(2)) that the Secretary Appropriations Committees of the House of Rep- campaign shall be designed to reach the widest of Energy determines to have substantially dis- resentatives and the Senate, the Committee on audience possible. The education campaign may rupted the production, distribution, or supply of Energy and Commerce of the House of Rep- include television, print, Internet website, or crude oil, gasoline, diesel fuel, or home heating resentatives, and the Committee on Commerce, any method designed to maximize the dissemina- oil. Science, and Transportation of the Senate, tion of gasoline savings information to drivers. (2) APPLICABLE AREA AND PERIOD.—The prohi- every 30 days after the date of enactment of this (c) COST SHARING.—The Secretary shall pro- bition in subsection (a) shall apply to the Act. The Commission shall provide those Com- vide no more than 50 percent of the cost of the United States or a specific geographic region of mittees a written interim report 90 days after campaign created under this section. the United States as determined by the Presi- such date, and shall transmit a final report to (d) AUTHORIZATION OF APPROPRIATIONS.— dent and the Secretary of Energy at the time in those Committees, together with its findings and There are authorized to be appropriated to the which a determination under paragraph (1) is recommendations, no later than 180 days after Secretary $2,500,000 for carrying out this sec- made, and for a period of 30 days after such de- the date of enactment of this Act. Such reports tion. termination is made. The President may extend shall include recommendations, based on its SEC. 305. PROCUREMENT OF ENERGY EFFICIENT the prohibition for such additional 30-day peri- findings, for any legislation necessary to protect LIGHTING DEVICES. ods as the President determines necessary. consumers from gasoline price-gouging in both Section 553(d) of the National Energy Con- SEC. 403. FTC INVESTIGATION ON PRICE- State and National disaster areas and else- servation Policy Act is amended by adding at GOUGING. where. the end the following new paragraph: (a) STUDY.—The Federal Trade Commission (e) EVIDENCE OF CRIMINAL MISCONDUCT.—If, ‘‘(3) The head of an agency shall procure the shall conduct an investigation into nationwide during the investigation required by this sec- most energy efficient and cost-effective light gasoline prices in the aftermath of Hurricane tion, the Commission obtains evidence that a bulbs or other electrical lighting products, con- Katrina, including any evidence of price- person may have violated a criminal law, the sistent with safety considerations, for use in gouging by subject companies described in sub- Commission may transmit that evidence to ap- that agency’s facilities and buildings.’’. section (b). Such investigation shall include— propriate Federal or State authorities.

VerDate Aug 31 2005 04:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A07OC7.013 H07OCPT1 H8762 CONGRESSIONAL RECORD — HOUSE October 7, 2005 SEC. 404. FTC STUDY OF PETROLEUM PRICES ON (b) ASSISTANCE.—Assistance under this section retary of Energy. Penalties include EXCHANGE. may include emergency preparation and recov- fines up to $11,000 for violation in addi- Not later than 180 days after the date of en- ery assistance, including power generation actment of this Act, the Federal Trade Commis- tion to equitable remedies, like return- equipment, other protective or emergency recov- ing ill-gotten profits. sion shall transmit to Congress a report on the ery equipment, assistance to restore access to price of refined petroleum products on the New water, power, or other raw materials, and trans- The amendment prohibits price York Mercantile Exchange and the effects on portation and housing for critical employees. gouging in the market for crude oil, such price, if any, of the following: The Secretary may request assistance from other home heating oil, gasoline, and diesel (1) The geographic size of the delivery market Federal agencies in carrying out this section. fuel. This has been extended. It is dif- and the number of delivery points. SEC. 603. CRITICAL ENERGY ASSURANCE AC- ficult to define price gouging. For the (2) The proximity of energy futures markets in COUNT. first time in this country, we are going relation to the source of supply. There is established in the Treasury an ac- (3) The specified grade of gasoline deliverable to define it. We are going to prosecute count known as the Critical Energy Assurance it, and we are going to give the Federal on the exchange. Account. The Secretary shall deposit into this (4) The control of the storage and delivery Trade Commission the authority to do account amounts appropriated to the Secretary market infrastructure. for the purpose of carrying out this title and just that. (5) The effectiveness of temporary trading payments paid to the Secretary by any non-Fed- The amendment provides for the ex- halts and the monetary threshold for such tem- eral source for the purpose of carrying out this clusive enforcement by the Federal porary trading halts. title. The Secretary may receive and accept pay- Trade Commission of the provisions as TITLE V—STRATEGIC PETROLEUM ments from any non-Federal source, which shall a violation of a rule defining an unfair RESERVE be available to the Secretary, without further deceptive act or practice under the SEC. 501. STRATEGIC PETROLEUM RESERVE CA- appropriation, for carrying out this title. PACITY. FTC Act. As I mentioned earlier, there SEC. 604. REGULATIONS. (a) AUTHORITY TO DRAWDOWN AND SELL PE- are stiff penalties involved. The Secretary may issue regulations necessary The bill is triggered for 30 days in the TROLEUM PRODUCTS FOR EXPANSION OF RE- or appropriate to carry out this title. SERVE.—‘‘In addition to the authority provided affected area, not just 1 or 2 weeks, but under part B of title I of the Energy Policy and The SPEAKER pro tempore. After 1 30 days and beyond if the President of Conservation Act (42 U.S.C. 6231 et seq.),’’ the hour of debate on the bill, as amended, the United States, in consultation with Secretary may drawdown and sell petroleum it shall be in order to consider the fur- the Secretary of Energy, deems it to be products from the Strategic Petroleum Reserve ther amendment printed in part B of appropriate. When the President de- to construct, purchase, lease, or otherwise ac- the report, if offered by the gentleman clares a major disaster, and only for quire additional capacity sufficient to permit from Michigan (Mr. STUPAK) or his des- those major disasters that the Sec- filling the Strategic Petroleum Reserve to its ignee, which shall be considered read, maximum authorized level. retary has determined could signifi- (b) ESTABLISHMENT OF SPR EXPANSION and shall be debatable for 40 minutes, cantly affect production, distribution FUND.—The Secretary of the Treasury shall es- equally divided and controlled by the or supply, then it is extended, it is en- tablish in the Treasury of the United States an proponent and an opponent. forced. As mentioned earlier, it in- account to be known as the ‘‘SPR Expansion The gentleman from Texas (Mr. BAR- cludes not just crude oil, home heating Fund’’ (in this section referred to as the TON) and the gentleman from Michigan oil, and gasoline and diesel fuel. ‘‘Fund’’), and the proceeds from any sale pursu- (Mr. DINGELL) each will control 30 min- ant to subsection (a) shall be deposited into the I urge my colleagues to look care- utes of debate on the bill. fully at this bill. If you are going to Fund. The Chair recognizes the gentleman (c) OBLIGATION OF FUNDS FOR EXPANSION.— vote against this bill, you are going to Amounts in the Fund may be obligated by the from Texas (Mr. BARTON). vote against a provision that estab- Secretary to carry out the purposes in sub- GENERAL LEAVE lishes for the first time price gouging section (a) to the extent and in such aggregate Mr. BARTON of Texas. Mr. Speaker, that is defined and prosecuted on a amounts as may be appropriated in advance in I ask unanimous consent that all Mem- Federal level. appropriations Acts for such purposes. bers may have 5 legislative days within I urge all my colleagues to support SEC. 502. STRATEGIC PETROLEUM RESERVE SALE. which to revise and extend their re- the bill. Section 161(e) of the Energy Policy and Con- marks on the legislation before us and servation Act (42 U.S.C. 6241(e)) is amended by The amendment prohibits price gouging in inserting after paragraph (2) a new paragraph to insert extraneous material on the the market for crude oil, home heating oil, as follows: bill. gasoline and diesel fuel. ‘‘(3) Any contract under which petroleum The SPEAKER pro tempore. Is there It is difficult to define ‘‘price gouging.’’ The products are sold under this section shall in- objection to the request of the gen- existing State statutes in this area have vastly clude a requirement that the person or entity tleman from Texas? different definitions and interpretations. There- that acquires the petroleum products agrees— There was no objection. fore, the amendment directs the FTC to define ‘‘(A) not to resell the petroleum products be- Mr. BARTON of Texas. Mr. Speaker, price gouging within 6 months of enactment fore the products are refined; and ‘‘(B) to refine the petroleum products pri- I yield 2 minutes to the gentleman consistent with the requirements for declaring marily for consumption in the United States.’’. from Florida (Mr. STEARNS), the distin- unfair acts or practices in Section 5 of the SEC. 503. NORTHEAST HOME HEATING OIL RE- guished subcommittee chairman. FTC Act. SERVE CAPACITY. (Mr. STEARNS asked and was given The FTC’s authority to define ‘‘price Section 181(a) of the Energy Policy and Con- permission to revise and extend his re- gouging’’ is tempered by the traditional unfair- servation Act (42 U.S.C. 6250(a)) is amended by marks.) ness principles under Section 5(n) of the FTC striking ‘‘2 million barrels’’ and inserting ‘‘5 mil- Mr. STEARNS. Mr. Speaker, let me Act. Under this section, to be ‘‘unfair’’ a prac- lion barrels’’. say to all my colleagues that are con- tice must: cause or be likely to cause substan- TITLE VI—CRITICAL ENERGY ASSURANCE cerned about this bill, within the bill is tial injury to consumers; not be reasonably SEC. 601. EVACUATION PLAN REVIEW. a gas price gouging prevention portion, avoidable by consumers themselves; and not Not later than 6 months after the date of en- the ‘‘Gas Price Gouging Prevention be outweighed by countervailing benefits to actment of this Act, the Secretary shall transmit Act,’’ my amendment that was ap- to the Congress a report of the Secretary’s re- consumers or to competition. view of the fuel supply plan components of proved in Committee. Included in the The amendment provides for the exclusive State evacuation plans and the National Capitol manager’s amendment, it will for the enforcement by the FTC of the provision as a region. Such report shall determine the suffi- first time direct the Federal Trade violation of a rule defining an unfair or decep- ciency of such plans, and shall include rec- Commission to define price gouging tive act or practice under the FTC Act. ommendations for improvements thereto. Annu- and prosecute it as an unfair and de- The amendment provides for civil penalties ally after the transmittal of a report under the ceptive trade practice. of up to $11,000 per violation. preceding sentence, the Secretary shall transmit It will direct Federal Trade Commis- The bill is triggered for 30 days in the af- a report to the Congress assessing plans found sion expertise and resources in addition fected areas—and beyond if the President, in insufficient under previous reports. to existing State anti-gouging laws on consultation with the Secretary of Energy, SEC. 602. DISASTER ASSISTANCE. eliminating retail and wholesale price deems it to be appropriate—when the Presi- (a) AUTHORITY.—During any federally de- clared emergency or disaster, the Secretary may gouging in a designated disaster area dent declares a major disaster, and only for provide direct assistance to private sector enti- as well as any extended problem in the those major disasters that the Secretary has ties that operate critical energy infrastructure, areas around the country, as deter- determined could significantly affect produc- including refineries. mined by the President and the Sec- tion, distribution, or supply. The President may

VerDate Aug 31 2005 04:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\A07OC7.014 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8763 extend the prohibition for such additional 30- There can only be one explanation we do not have the capability to meet day periods as he or she determines nec- for this rush to the floor, and that is the sort of refining needs the country essary. the desire of the Republican leadership has that will put the kind of pressure In addition, the issue of price gouging must of the House to use the hardship of the on gas prices that are so important to be addressed. Unfortunately, the tremendous devastation of Hurricanes Katrina and our consuming public. goodwill of the American people in helping Rita to push various parts of their Hurricane Katrina is telling us very their fellow citizens on the devastated gulf agenda. The former majority leader, as clearly that we have a challenge and an coast was marred by some now infamous in- is custom, has tried to blame Demo- opportunity here to increase that ca- stances of gasoline price gouging. Experts say crats for all ills, saying, and I quote, pacity. In the last year, I met on sev- the rapid rise in gasoline and diesel fuel prices ‘‘[t]he Democrats made us drop many eral occasions with Adel Al-Jubeir, a nationwide following these natural disasters important issues out of the last energy representative of the country of Saudi primarily resulted from a supply crisis. Yet, bill that would have helped this situa- Arabia. On any number of occasions he there were some specific gasoline price in- tion that we have found ourselves in has rather smiled at me saying Amer- creases that the average American, and now, and it is time to go back and re- ica does not have the capacity to pro- maybe even the experts, knows are gouging. visit those.’’ vide the gasoline that your consuming Certain market situations, particularly those in- I would remind the House that it was public needs. You have not built a re- volving natural disasters like Hurricanes widely pointed out when that legisla- finery in three generations. Katrina and Rita, require aggressive and tar- tion was before us what a remarkable We do have that opportunity by this geted Federal prosecution of gasoline price example of bipartisanship and legisla- action today, and I strongly urge the gouging. tive cooperation it was. Of course, the House to recognize it. This is the one My amendment, the ‘‘Gas Price Gouging committee chairman has offered to ne- chance for us to make a long-term Prevention Act,’’ which is included in the Man- gotiate, and I want to express my affec- commitment to reducing gasoline ager’s amendment, will for the first time direct tion and respect for him. prices. I strongly urge an ‘‘aye’’ vote the Federal Trade Commission to define price But the predetermined schedules of on this measure. gouging and prosecute it as an unfair and de- the goal meant that all the Repub- Mr. DINGELL. Mr. Speaker, I ask ceptive trade practice. The ‘‘Gas Gouging Pre- licans wished to negotiate for was po- unanimous consent to yield the re- vention Act’’ will direct FTC expertise and re- litical cover for themselves and per- mainder of my time to the gentleman sources, in addition to existing state anti- haps surrender by the Democratic from Virginia (Mr. BOUCHER), and that gouging laws, on eliminating retail and whole- members. Now we have before us a he be allowed to control the time for sale price gouging in a designated disaster poorly thought out and poorly vetted this side. area, as well as any extended problem areas effort to pass the Republican and en- The SPEAKER pro tempore (Mr. around the country as determined by the ergy wish list. This is not the way to LAHOOD). Is there objection to the re- President and Secretary of Energy. Penalties respond to energy issues raised by hur- quest of the gentleman from Michigan? include fines of up to $11,000 per violation, in ricanes. There was no objection. addition to equitable remedies like returning ill- If we decide to act on an expedited Mr. BOUCHER. Mr. Speaker, I yield 2 gotten profits. basis, we should be focusing on imme- minutes to the gentleman from Cali- It’s time to flush out the gougers and protect diate problems of rising gasoline prices fornia (Mr. WAXMAN), a senior member consumers with a new Federal weapon to and anticipated increases in natural of the Committee on Energy and Com- prosecute gasoline price gouging. I thank my gas and home heating oil prices which merce. colleagues, especially Mr. WALDEN, for their are coming upon us in the fall. Demo- Mr. WAXMAN. Mr. Chairman, I rise help in making the amendment even better crats will today offer a sensible sub- in strong opposition to H.R. 3893 and in and I urge that we pass ‘‘Gas Price Gouging stitute that provides tough con- strong support of the Stupak sub- Prevention Act’’ included in H.R. 3893, the sequences for price gouging whenever stitute. ‘‘Gasoline for America’s Security Act.’’ it occurs in the industry, not just by The Gulf Coast of the United States In closing, this legislation will go a long way the little corner gas station. was devastated by a catastrophic hurri- to better protect the U.S. oil markets, as well Our substitute will tackle the prob- cane. Hundreds of thousands of Ameri- as all consumers who depend on them. I urge lem of limited refinery capacity head- cans lost their homes and their posses- my colleagues to support it. on by creating a national Strategic Re- sions. Gasoline prices jumped 46 cents Mr. DINGELL. Mr. Speaker, I yield finery Reserve patterned after the suc- per gallon overnight. Price gouging myself 3 minutes. cessful Strategic Petroleum Reserve. was rampant. The big oil companies (Mr. DINGELL asked and was given We direct the Secretary of Energy to charged more, simply because they permission to revise and extend his re- establish and operate refineries that could. The oil companies took shame- marks.) will help protect our national security less advantage of the disaster, and now Mr. DINGELL. Mr. Speaker, we have and protect consumers from supply dis- Washington Republicans are trying to before us today a hastily crafted mini- ruptions. The public interest demands do the very same thing. mally reviewed bill of doubtful value no less. The Republican leadership is trying and most curious circumstance. We I urge my colleagues to vote against to use this tragedy and Missouri to un- have had no hearings on the specific the bill and for the Democratic sub- dermine our environmental laws and measure before us. The major changes stitute. pass more special interest giveaways to in language in the bill were revealed Mr. BARTON of Texas. Mr. Speaker, the oil industry. It wants to exploit late last night, I believe at 11 p.m. We I yield 2 minutes to the gentleman Hurricane Katrina for a special inter- have not received a single response to from California (Mr. LEWIS), the distin- est bonanza. This is the legislative the questions we asked of the Depart- guished chairman of the Appropria- equivalent of price gouging, and it is ment of Energy and the Environmental tions Committee. unconscionable. Protection Agency. The bill before us is supposed to be a We do not know whether the provi- b 1115 response to Hurricane Katrina. It is sions in the energy bill passed less than Mr. LEWIS of California. Mr. Speak- supposed to respond to the damage 2 months ago to expedite refinery er, I would say to the gentleman from done to our Nation’s energy infrastruc- siting are working. We do not know Texas (Mr. BARTON), I appreciate the ture and address the Nation’s runaway what these new provisions on refinery expeditious way he has responded to energy prices, but what it does is give sitings are going to do. We literally this crises. If there is a silver lining to the oil companies even more taxpayer have before us a bill which is composed the Hurricane Katrina crisis, it is that subsidies and exemptions from environ- of scraps assembled from the waste it has opened the eyes of Congress and mental laws, and the bill is not even baskets at the House Legislative Coun- our business community to the urgent limited to the oil industry. sel, crafted together by my Republican need to add to the capacity of our oil If this bill becomes law, the entire colleagues to do something which they refineries. The fact that gas prices shot eastern half of the United States can will have great difficulty in explaining up in the wake of this monstrous hurri- suffer more pollution for years to today. cane is a reflection of the reality that come. The ideas in this bill are not

VerDate Aug 31 2005 04:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.022 H07OCPT1 H8764 CONGRESSIONAL RECORD — HOUSE October 7, 2005 new. They are the same egregious envi- Mr. BOUCHER. Mr. Speaker, I yield South Africa today. What we have done ronmental assaults that Republicans in myself 2 minutes. in this bill is we have taken the defini- Congress have tried unsuccessfully to Mr. Speaker, the bill before us today tion of refinery and added coal to liq- pass for years. All that is new is the ra- was rushed through the committee. It uid, which means we can harvest the tionale. There is no excuse for this leg- did not receive a single legislative great coal reserves of this country. We islation to allow children with asthma hearing. It would weaken environ- can turn them into clean fuel and use to have to suffer more medical prob- mental protections but would do noth- that clean fuel to reduce our demand lems on the eastern coast of the United ing to reduce the price of gasoline. for foreign oil. We are also able to dis- States in order to address a tragedy in There has been much attention given burse our refinery assets around the the gulf coast of the United States. to the fact that our Nation’s refinery country so we are not held hostage by Ten years ago, the gentleman from capacity is limited, but there has been having 47 percent of our refineries in Texas (Mr. DELAY) introduced legisla- no substantial evidence presented to hurricane alley. tion to repeal the Clean Air Act piece conclude that the reason for this short- This bill is a tremendous step for- by piece. Today, Washington Repub- age is difficulty in siting or obtaining ward in decreasing our reliance on for- licans are using hurricanes as a cover the environmental permits necessary eign oil, new technology, diversifying to enact his radical agenda. These were in order to build a new refinery. In our refinery portfolio, and I ask all of very bad ideas when they were first fact, there has been some evidence that my colleagues to join me in support of proposed. To pass them now in the suggests the reason for the thin refin- this legislation. guise of helping hurricane victims ery capacity is that refiners are reluc- Mr. BOUCHER. Mr. Speaker, I yield 2 would be shameful. tant to build new facilities since they minutes to the gentleman from New Mr. BARTON of Texas. Mr. Speaker, are enjoying record profits under the York (Mr. ENGEL). I yield 2 minutes to the gentleman current regime. Mr. ENGEL. Mr. Speaker, I thank from Wisconsin (Mr. RYAN), a member The bill before us would seek to in- the gentleman for yielding me this of the Committee on Ways and Means. crease refinery capacity by easing en- time, and I rise in strong opposition to Mr. RYAN of Wisconsin. Mr. Speaker, vironmental requirements and pro- this bill. I thank the chairman for putting this viding additional Federal authorities It is ironic that this bill is called the bill together. I want to talk about one for siting new facilities. Based on the Gasoline for America’s Security Act, or very important provision of this bill, evidence before us, that would be the GAS Act, because this bill is certainly and I want to endorse the passage of wrong remedy. There is a better ap- filled with a lot of hot air. this legislation. proach. This bill will do nothing to bring This legislation builds on progress we Later today I will be joining with our down the cost of gasoline. My constitu- had in the energy bill dealing with bou- colleague, the gentleman from Michi- ents and millions of Americans want to tique fuels, but what I want to do is ex- gan (Mr. STUPAK), in offering a sub- know why they are paying $3 and more plain the problem we have with bou- stitute for the bill. Our substitute for gasoline. Just today in the news- tique gasoline blends in America. would address the refinery capacity paper it reported that Americans can Today we have 18 different fuel types, issue by creating a strategic refinery expect to spend 45 to 90 percent more which translates into 45 different fuel reserve. The new reserve would build on home heating fuel this year than blends. This map of America looks like on the success of the strategic petro- they did last winter. This is absolutely a piece of modern art and shows the leum reserve and would provide the Na- unconscionable. different fuel blends we have to have tion with a reserve refinery capacity We saw during Hurricane Katrina running through America today. When that could be used in times of national looters in New Orleans, but the real we designed our pipeline and refinery emergency to increase the supply of looters are the big oil companies. They system three generations ago, it was gasoline and minimize supply disrup- are looting the American people. They designed for one kind of gasoline: con- tions and price spikes. are making record profits. What does ventional gasoline. Today we have to Given the choices that are before us this bill do? It does nothing to bring pump 45 different blends of gasoline today, the substitute that the gen- down the price of gasoline. That is through that system. tleman from Michigan (Mr. STUPAK) what Americans want. They do not Any time there is a problem with and I will be offering is far more likely want rhetoric. They do not want more supply, a pipeline break, a hurricane, a to address our real gasoline supply SOP to the oil and gas industry. They refinery fire, what happens? The price problems than the underlying bill. do not want more of the same. of gas skyrockets. There are refineries Mr. Speaker, I reserve the balance of Since I am from the Bronx, I will that cannot even make the needed gas- my time. quote Yogi Berra of the Yankees: It is oline for particular areas. The problem Mr. BARTON of Texas. Mr. Speaker, deja vu all over again. is getting worse. This map is because I yield 2 minutes to the gentleman Once again, the majority has pre- we have 217 counties that have to have from Illinois (Mr. SHIMKUS). sented us with legislation that pur- some kind of reformulated boutique (Mr. SHIMKUS asked and was given ports to respond to skyrocketing gas fuel. Because of the new, 8-hour ozone permission to revise and extend his re- prices, but does nothing of the sort. regulations this year, 474 counties will marks.) Under the guise of responding to Hurri- have to adopt new blends of gasoline so Mr. SHIMKUS. Mr. Speaker, 1976 was cane Katrina, we are voting on a bill the problem will get even worse if we a great year. We built our last refinery that guts environmental and public do nothing. This bill fixes that. in this country, and I graduated from health protections and does nothing to This bill says that, over the next high school. That is too long for that reduce our Nation’s devastating de- year, the EPA and the DOE will have to occur. pendence on Middle Eastern oil. to design a six-fuel-blend system. So Our domestic demand for crude oil Further, we are once again wit- we go from 18 different base blends averages 21 million barrels a day. We nessing the majority undermining with 45 different fuels down to six refine only 17 million barrels a day. States’ rights on the floor of the fuels, to make sure we can meet and That means we import gasoline. People House. This bill includes provisions exceed our Clean Air Act standards, no understand we have a dependence upon that preempt State and local govern- compromise on those, and have stable, foreign oil. What they do not under- ment’s authority to decide where refin- fungible blends of gasoline. stand and find incredibly ridiculous is ery facilities are placed in individual Mr. Speaker, we can have cheap gas that we import refined product just communities. and clean gas at the same time in this making us more dependent on the in- What this country critically needs, country. We need to harmonize our dustry. but was neither in the Energy Policy gasoline blends so we have standard, This is a great piece of legislation, Act of 2005, which was signed into law, stable blends of gasoline. If we do that, and anyone from coal country ought to nor in this bill, is a policy to reduce we stabilize the supply. If we do that, support it. Coal to liquid, fisher trove our addiction to oil through the pro- we stabilize the price. I urge passage of technology developed during World motion of alternatives and clean re- this legislation. War II is evident in production in newables, automotive fuel efficiency

VerDate Aug 31 2005 04:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.036 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8765 and the reduction of greenhouse gases. and it rides roughshod over local con- lous lawsuits. When we look at stream- We must create policies that achieve trol of new refineries. Just wait for the lining some of the process they have to these goals, and we need not destroy public outcry if this bill passes when go through to build a refinery, that is the environment and the rights of our people find out that refineries can be a good thing. It is going to help us to citizens in doing so. put up in their backyards with no local be able to move forward on refineries This is a sop to the industry. It gives input and especially when they find out in a more expeditious manner. The us more of the same. It does nothing to that these refineries’ profits went up other thing is establishing the Depart- lower gas prices. I urge a ‘‘no’’ vote. 255 percent last year. ment of Energy as the lead agency for Mr. BARTON of Texas. Mr. Speaker, So what should we be doing? Number siting refineries and eliminating some I yield 2 minutes to the gentleman one, we should genuinely address price of the unnecessary requirements on from Michigan (Mr. UPTON), a member gouging. The provisions in this bill are waiting on multiple bureaucracies to of the Committee on Energy and Com- toothless at best. If we really want to respond to a request to build one refin- merce and chairman of the Sub- stop price gouging, what we should do ery. This is not about bureaucrats and committee on Telecommunications. is pass the Democratic substitute, building. It is about meeting real Mr. UPTON. Mr. Speaker, what have which would actually beef up the FTC’s American needs of real families for en- Members been hearing in their dis- ability to prosecute this practice. ergy uses on a daily basis. tricts? I will tell Members what I have Number two, I have been saying this Mr. BOUCHER. Mr. Speaker, I yield 2 been hearing: There is a constant up- for the 9 years I have been in Congress: minutes to the gentleman from Penn- roar and anguish about the gas prices we need a forward-looking energy pol- sylvania (Mr. DOYLE). across this country. icy that puts real teeth into conserva- Mr. DOYLE. Mr. Speaker, I rise One of the home builders that I met tion and renewables so that we can re- today in strong opposition to the with earlier this week, it cost him $94 duce our dependence on foreign oil. wrongly named Gasoline for America’s to fill up his pickup. Sadly, I do not see What does this bill do about con- Security Act. It would be more appro- that price going down any time soon. servation? Members will be pleased to priate to call this the Don’t Hold Your This is a long-term, not a short-term, know it encourages carpooling and van Breath Act, as this bill will not do problem. pooling. I am going to tell the Members what my colleagues on the other side Worldwide, we consume what we the other soccer moms at my kids’ claim. While it is clear to all of us that our produce. This country uses 25 percent school would be appalled to know that Nation does not have the refinery ca- of the world’s energy, yet we have only this is all Congress is doing to encour- pacity that we need, it is equally clear 2.5 percent of the world’s energy re- age conservation. that the bill before us will not increase serves. And in fact in Alaska, we are What about renewables? Well, I of- fered an amendment both in committee this shortfall. The idea that simply getting 50 percent of what we got only eliminating environmental standards and at the Committee on Rules which 7 years ago. and removing judicial control will was denied. All this amendment says is The energy bill signed in August will solve this problem is absolutely wrong. help us in the long term, but it will not let us increase the use of renewable en- Over the past 30 years, there has been help us in the short term. This bill will ergy in this country. I think that the only one application filed to build a help us in the long term, not in the majority of Coloradans who voted for new refinery. I will say that again: short term. an initiative on a ballot last year only one application has been filed. We We have heard the arguments. We would agree with this along with the are not talking about permit after per- have fewer refineries than we had 30 rest of Americans. What we need, Mr. mit being thrown out. We are not talk- years ago. We have not built a new re- Speaker, is a comprehensive energy ing about an industry trying time after finery in a generation. We need more, policy that is more than a sop to Big time to site a facility and being denied. and this bill will bring that about. Oil. What we are talking about is the fact We have dozens of boutique fuels, 45 Vote for the substitute and ‘‘no’’ on that the gasoline industry makes the different blends of gasoline to serve final. vast majority of their profits at the re- this country. That means we have a Mr. BARTON of Texas. Mr. Speaker, finery level, and there is zero economic different blend for St. Louis than Mil- I yield 2 minutes to the gentlewoman incentive for them to increase their ca- waukee than Detroit than Los Angeles from Tennessee (Mrs. BLACKBURN), a pacity. As long as the refineries are op- than Houston than Philadelphia than member of the committee. erating at near 100 percent, their profit Washington. It is crazy. Mrs. BLACKBURN. Mr. Speaker, I margins are through the roof. This bill thank the chairman for his excellent b 1130 ignores this obvious fact and instead work on this issue. focuses on eliminating environmental This bill is going to reduce that from It is so interesting for me to stand protections, which is nothing more 45 blends to no more than six or eight. here in this body and listen to people than a scapegoat measure that will not The bottom line is if we are not say it was rushed through committee, do anything to address the basic prob- happy with $3 gas, we need to vote that we have not given proper thought lem. ‘‘yes’’ on this bill. We need to send it to to this issue. So what does this bill actually do? It the Senate. I will remind my col- Mr. Speaker, it seems this issue has strips virtually all of the environ- leagues that this bill passed by a voice been around for about 10 years, trying mental protections of the Clean Air vote after 16 hours of markup, and I ap- to get an energy bill through, and we Act, the Clean Water Act, and the En- plaud the gentleman from Texas (Mr. did. We passed the Energy Policy Act dangered Species Act when they come BARTON), my chairman, for making of 2005. But this issue has been on the into conflict with the siting of a refin- sure we did it in a bipartisan way. table for 10 years, and if former Presi- ery. The bill removes all cases chal- Mr. BOUCHER. Mr. Speaker, I yield 2 dent Clinton had not vetoed drilling in lenging refinery siting from local State minutes to the gentlewoman from Col- ANWR in 1995, we might not be stand- courts and forces communities to come orado (Ms. DEGETTE). ing here having this discussion today. to Washington, D.C. in order to chal- Ms. DEGETTE. Mr. Speaker, I have But that happened. lenge the selection of their hometown always believed something many poli- So this is not being rushed through. for a new refinery. And, further, if the ticians do not realize: the American This is something that is the culmina- local communities lose in court, they people are not stupid. This winter, as tion of a decade’s worth of talk. And have to pay all of the industry’s legal their car gasoline prices remain high, the people in Tennessee, in my district, bills. This bill also will limit the Fed- their home heating bills from natural are tired of the talk, Mr. Speaker. eral Trade Commission’s ability to im- gas and heating oil go up, they are They are ready for some action. This is pose penalties when presented with evi- going to understand this bill has no a right step. It is the right time. dence of price gouging, effectively connection to lowering gas prices and I want to hit two provisions that are incentivizing industry to take advan- no connection to Hurricane Katrina. included in this bill. One is stream- tage of disasters like Katrina. What this bill does do is it rides lining the countless regulations, then For these reasons, I ask my col- roughshod over environmental laws, helping to prevent some of the frivo- leagues to reject this bill. Democrats

VerDate Aug 31 2005 04:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.038 H07OCPT1 H8766 CONGRESSIONAL RECORD — HOUSE October 7, 2005 have a substitute that will address and Commerce Committee, the Gentleman Mr. BARTON of Texas. Mr. Speaker, critical shortages during disasters from Texas, that Section 108 of the legislation I want to cut to the chase on this issue. without gutting our environmental does not intend to alter or delay—in any In 1981 there were 324 operating refin- laws, and it deserves our support. way—the Bush Administration’s on- and off- eries in the boundaries of the United Mr. BARTON of Texas. Mr. Speaker, road diesel rules. States of America. Today there are 148. I yield 2 minutes to the gentleman Mr. BOUCHER. Mr. Speaker, I yield 2 Do the math: 184 is a smaller number from Indiana (Mr. BUYER), a member of minutes to the gentlewoman from Cali- by 176 than 324. There are a lot of rea- the committee and the distinguished fornia (Mrs. CAPPS), a member of the sons for it, but one of the reasons is chairman of the Committee on Vet- Committee on Energy and Commerce. this flow diagram to my left. erans’ Affairs. Mrs. CAPPS. Mr. Speaker, I rise in To the left we have all of the permits Mr. BUYER. Mr. Speaker, I appre- strong opposition to this ill-conceived that are required for what is called ciate the gentleman’s comments, the legislation. ‘‘new source review.’’ That is if they speaker before me, because what he has This bill is a shameless attempt to want to expand an existing refinery. really laid out is sort of the complaints use the tragedy of Katrina as an engine Now, this is actually the permitting that we hear from the Democrat side of to drive bad policies into law. The pur- application to expand an existing refin- the aisle, the complaints for years ported reason behind the bill is the ery in the State that I live in, the when they controlled Congress and laid high cost of gas caused by Katrina, and State of Texas. In the new source re- out policies and rules and regulations this is the bill that is supposed to meet view, every one of these steps has to go that prevented, really, people to bring that challenge. But gas prices were at forward. On the right of the chart are capital at risk to build refineries. So record highs before Katrina hit. additional permits in addition to the we hear a lot of complaints, but we do Katrina merely ramped them up and new source review. not hear of ideas and actions to help an provided an excuse to push more failed This is not a made-up chart. This is industry that will help America. Republican energy ideas. the law as it exists today. What com- This is a good bill. I support the bill. I guess the best thing we can say pany’s board of directors in their right I want to compliment the chairman for about the bill is what is not in it, minds would want to go through this his good work. namely, the repeal of the longstanding, process and tie up billions of dollars for I also believe that Hurricane Katrina bipartisan moratorium on new offshore years and years if they did not know did reveal a weakness in our energy drilling. But the bill, however, does gut that they would at least get a definite supply systems, highlighting the reli- public health and environmental laws. decision in a timely fashion? ance this country has on the gulf coast It does strip States and localities of The bill before us may not be the for our energy resources. Approxi- the authority to protect their own citi- best bill. It may not be the only ap- mately 47 percent of the U.S. refining zens. And, bottom line, it fails to pro- proach. But it is a fact that we use 21 capacity and 28 percent of oil produc- tect consumers from price gouging at million barrels of oil a day in this tion are located in the hurricane-prone the pump, which we have seen going on country and we only have the refining region. So I think it is time for Amer- on a regular basis. capacity for about 16 on a good day; ica to take steps to build more refin- Mr. Speaker, the problem of high gas and, unfortunately, since Katrina and eries and protect this country in time prices is a serious one. It affects busi- Rita, we have had many good days. We of natural disaster. nesses and families on a daily basis, are down to 14 million barrels of refin- This is a good bill. It will address our and I should know because my gas ery capacity that is available, and we growing need for gasoline, heating oil, prices in my district are usually among need 21 million barrels of refinery ca- and other fuels and will bring more the highest in the Nation. Right now pacity to refine our consumer demands supply to the market and for the Amer- they hover around $3.50 a gallon. But that we have right now in this country. ican people. So despite the noise that this bill is not about trying to do some- So this bill before us today does not we maybe hear on the floor, for the thing about that. It is about trying to eliminate any of these requirements. It American people this is a good bill. distract the American people from a does not lower the standard. I am concerned, though, that a sec- failed Republican energy strategy, a What it does do is require the Envi- tion of the bill was removed that dealt strategy that fails to realize that we ronmental Protection Agency and the with the interchange rates, and what have 3 percent of the world’s oil re- Department of Energy to appoint offi- we wanted to do was to address the serves while we account for 25 percent cials within their agencies to consoli- channels of trade to bring more trans- of the world demand. This is a strategy date and to coordinate all of these re- parency to how credit card companies that relies on increasing our supplies views if, if, a State Governor wants actually apply these interchange rate at all costs while conservation efforts them to or if the President of the fees and how the consumer then picks are ridiculed by our Vice President as United States wants them to on Fed- it up. I am pleased, in a conversation ‘‘signs of personal virtue.’’ This is a eral property. If a Governor does not with the chairman and the gentleman strategy that says if laws that protect want it to expedite the review, they do from Florida (Mr. STEARNS), they are public health or environment get in the not have to; and this stays in exist- going to consider having a hearing on way, we should just waive them. It is a ence, which means in those States they the issue; and I think that is a good strategy that dooms America to never- will not get any new or existing refin- thing. ending energy crises that consistently eries built or expanded. I strongly support the Bush Administration’s enrich energy companies at the ex- 1145 clean diesel rules, which will reduce air pollu- pense of hard-working American fami- b tion from diesel engines by more than 90 per- lies and businesses. But in some States, and I hope my cent, and reduce the sulfur content of diesel Over the past several years, we have State of Texas is one, I think Governor fuel by more than 95 percent. These rules will had repeated chances to craft common- Perry would ask for this expedited re- not only help clean the air, but they will also sense, efficient, and effective energy view. If that happens, and if we can get encourage greater use of highly fuel-efficient legislation that would set America on a a company that wants to invest in a clean diesel engines. The use of highly fuel-ef- more stable future; but this Republican new refinery or expand an existing re- ficient clean diesel engines is a mandates free Congress has failed to do that and this, finery, you will actually get a decision way of making our existing domestic refining failure is once again realized in this in a timely fashion. I have reason to and oil production go further. In fact, according bill. believe that if we pass this bill and if to the Department of Energy, if diesel vehicles So I urge my colleagues to vote for the Senate passes this bill within the made up 20 percent of our fleet in 15 years, the alternative and to vote down this next year, you are going to see Amer- we would save 350,000 barrels of oil a day. awful legislation. ica’s systems step forward and actually I understand the challenges that so-called Mr. BARTON of Texas. Mr. Speaker, ask to build new refineries in the ‘‘boutique fuels’’ present. Section 108 takes I yield myself 4 minutes. United States of America. steps towards addressing these challenges. (Mr. BARTON of Texas asked and This is a good bill. We should vote for However, I want to make it clear that I have was given permission to revise and ex- it. We should send it to the Senate, en- been assured by the Chairman of the Energy tend his remarks.) courage them to vote for a similar bill

VerDate Aug 31 2005 04:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.041 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8767 and then go to conference and produce important New Source Review provisions that and we put 70 percent of all the oil we a conference report that the President would give clarity to refiners and other energy consume into gasoline tanks. can sign, and let us get our country providers. An operator of a refinery, a power We also are not having the debate moving again and at least begin to plant, or an industrial facility should not feel out here on solar energy. Europe now start the process to lower gasoline scared to conduct routine maintenance or outspends us on solar energy by four to prices for every American in this coun- modernize the system without hurting emis- one. Japan outspends us four to one. try. sions. A bipartisan majority of the Energy & China is now passing us. No debate, In the days right after Hurricane Katrina, Commerce Committee believes we should however, under the Republican rules, gasoline prices shot up past the $3 dollar codify the Administration’s return to a sensible on solar energy as a solution. mark almost everywhere. Shortages caused NSR policy. Those who want to delay these Instead, what we have here is new some gasoline stations to run dry. Americans sensible reforms are taking a step back from law which will allow for refineries to be nationwide worried if the price would be higher increasing supplies of gasoline, heating oil and built on closed-down military bases, on on their way home from work than it was in other forms energy. wildlife refuges, with a mayor or a the morning. Many consumers worried that But I don’t want this to get in the way of ex- State incapable of blocking it. In fact, they were getting gouged, and wondered if panding refinery capacity after Hurricane if the State or city sues and loses, they prices would ever go down again. Today, we Katrina, so I will set it aside for now until we must pay the legal bills of Exxon- take action. Today, the House of Representa- can hold the additional hearings that some be- Mobil. But if the city wins, Exxon- tives will support building new refineries, im- lieve are needed. We will have a vote in the Mobil does not have to pay the legal proving gasoline markets, and outlawing price future on this policy, and when it passes, our bills of the city. That just shows you gouging. Nation’s supply of both energy supply and how backwards all of this is. We should be debating a futuristic, My committee was voting on the Gasoline common sense will expand. for America’s Security Act just 4 weeks after But today we have a chance to strike a blow innovative, energy strategy to cut in Hurricane Katrina crossed the coast. On that against high gasoline prices. We can increase half our dependence upon imported oil, to use automotive technologies, to use day, 11 refineries remained closed by flooding competition among refineries by seeing new solar and wind, to quadruple our ex- and power failures, and most had no restart ones built. We let any retail gasoline provider penditures, to surpass the world, to be dates. Roughly 18 percent of all U.S. gasoline know the Federal government is watching—so number one looking over our shoulders production was still halted, and prices every- don’t gouge consumers in an emergency. at number two and three in the world, where had spiked as a consequence. People everywhere expect us to do the right to do what President Kennedy did in Katrina damaged refineries all over Lou- thing, and there’s been honest and candid de- responding to the Sputnik challenge of isiana and Mississippi. Then Hurricane Rita bate about what constitutes the right thing. Ac- the Soviet Union. came along and damaged refineries in Lou- cording to some, doing nothing is not only Instead, our industry that engaged in isiana and Texas. Some have not restarted right, but cheap and easy, too. The do-nothing a conspiracy to shut down 30 refineries yet. We were all surprised to learn what hap- plan is the one we’ve followed for decades. I in the last 10 years is now coming here pens when a chunk of our domestic capacity think the two killer hurricanes have weakened and asking us to waive the Clean Air goes off line. Every driver in America has en- the will to continue doing nothing, however. I Act as the answer to their irresponsible dured shortages and price spikes that still hope so. actions. That is absolutely wrong. This have not fully subsided. Our country needs more oil refineries be- bill must be defeated. This bill encourages new refineries to in- cause the people who work for a living need Mr. Speaker, I rise in opposition to this bill. crease supply. We improve siting procedures, gasoline to get to work. These are people who The race is on. It is a worldwide race provide regulatory risk insurance, suggest earn paychecks and buy groceries at the among nations to embrace and own the en- non-park Federal lands for consideration, and Safeway and pay their bills, including their ergy technology of the future. Right now, the give refiners more certainty about the rules taxes. That means they use gasoline every United States is not even at the starting line. they have to live under. Our Nation is more day. They need it, and they need it at a price We’re not even tying up the laces on our run- secure if refineries are spread more through- they can afford. They aren’t activists and they ning shoes. out the country. don’t contribute to campaigns or hire any lob- Energy is the lifeblood of our economy, of This bill promotes new pipelines to get new byists. Sometimes Washington forgets about our security, or our lives. Oil, black gold, runs crude oil and gasoline to consumers at lower them, but I haven’t, and that’s why we’re tak- our cars, machines, and planes and heats our prices. We encourage those who might build ing up this bill. homes—what if it just stopped coming? Think the Alaska Natural Gas Pipeline to speed up, Our cars, our jobs, our Nation’s economic about it. It would take simply a decision of one by setting a deadline on their incentives. We growth and our people’s opportunity to pros- or two oil producing nations to cut off critical require a study of whether pipelines should per—they all rely on gasoline. Gasoline does supplies of oil to the U.S. tomorrow. The im- have backup power capability, so that they not come from heaven, it comes from a refin- pact of such disruption to our economy would could operate during power outages. ery. be crippling. The bill outlaws price gouging during emer- Let’s send to the Senate and the President Al Qaeda has already identified this Amer- gencies for gasoline, crude oil, and home this antidote for high gasoline prices. Vote ican vulnerability—our energy dependency heating oil. We leave in place State measures ‘‘yes’’ on this bill. Achilles heel. They call on jihadists every- against price gouging. We increase penalties Mr. BOUCHER. Mr. Speaker, I yield 2 where to attack not just people, but also oil to $11,000 per incident and expand the geo- minutes to the distinguished gen- wells and pipelines, arguing that ‘‘the killing of graphic scope of the provision. I want to thank tleman from Massachusetts (Mr. MAR- 10 American soldiers is nothing compared to Chairman CLIFF STEARNS of our Commerce, KEY). the impact of the rise in oil prices on America Trade and Consumer Protection Sub- (Mr. MARKEY asked and was given and the disruption that it causes in the inter- committee and Congressman GREG WALDEN permission to revise and extend his re- national economy.’’ for their help on this provision. marks.) The decisions being made today by the Re- We promote conservation with a DOE pro- Mr. MARKEY. I thank the gentleman publican-controlled Congress are handi- gram to encourage carpooling and vanpooling. for yielding me time. capping our nation at the starting line. We also require evaluation of using CMAQ We cannot begin to discuss how we While this House is busying itself with the funds, Congestion Mitigation and Air Quality, are going to reduce our dependence care and feeding of the industries of the last for carpool and vanpool projects. We can upon imported oil unless we debate in- century—oil and gas production and refining, make it easier for Americans to network and creasing the fuel economy standards we are doing precious little to develop the en- do these voluntary reductions of demand. for automobiles and SUVs in the ergy technologies of the 21st Century. The We authorize a refinery built for military use. United States. The gentleman from only solution the Republican Leadership in If the President determines that there is insuf- New York (Mr. BOEHLERT) and I have Congress has to offer up to our current energy ficient refining capacity, the President can made this amendment for 4 years in a problems is giving oil companies more give- enter into contracts to permit, construct and row. Now that the public’s attention is aways and more exemptions from environ- operate a refinery with private industry to man- on it, the Republican majority refuses mental laws. Meanwhile, other nations around ufacture refined products for the military. to have a debate on how we can dra- the world are beginning to race ahead of us. This bill doesn’t do everything I think it matically increase the fuel economy The European Union already has set a tar- should do. Last night, I agreed to drop very standards for SUVs and automobiles, get of meeting at least 20 percent of its overall

VerDate Aug 31 2005 04:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K07OC7.043 H07OCPT1 H8768 CONGRESSIONAL RECORD — HOUSE October 7, 2005 energy consumption with renewable energy SUVs so that we make our motor vehicles at This legislation would not cir- technologies by 2020. They’ve just passed a least 1 mile per gallon more efficient every cumvent or remove any environmental resolution in the European Parliament to in- year for the next 10 years. protection, but would simply coordi- crease that target up to 25 percent. Launch a Manhattan Project scale R&D ini- nate and streamline the process. It Aggressive renewable energy policies have tiative that is twice the size of comparable pro- would also encourage investment in put Europe on track to increase electricity gen- grams in the European Union, Japan, and new pipelines and expansion of existing erated from wind ten-fold and from solar China combined. infrastructure to transport petroleum photovoltaics 45 times by 2020. A major factor Mandate that at least 30 percent of our Na- products more efficiently and at a making this rapid growth possible is the signifi- tion’s overall energy needs be met with solar, lower cost to consumers. cant investments European governments have wind or other renewable energy sources, or The farmers of Louisiana need to made in R&D. We spend a paltry $80 million with energy efficiency measures. harvest crops. The industries of Lou- on photovoltaics, for example, whereas Eu- Create public and private partnerships to isiana need to rebuild, and families of rope spends $300 million. So does Japan. help rapidly commercialize and deploy a whole Louisiana would like to return. Afford- What’s more, according to Christopher Fla- new generation of super-efficiency hybrid vehi- able energy is going to be an important vin, Chairman of the World Watch Institute, cles to deploy solar energy to our homes and factor in our ability to do that. China is set to overtake everyone. ‘‘In 5 years’ businesses, to broadly deploy wind turbines The people of my district have real- time we see China as a world leader in this around the country, to deploy Fuel Cells, ized the responsibility of providing fuel department. . . . Already, 35-million homes in clean-burning coal, more efficient natural gas for this Nation for a long time, and China get their hot water from solar collectors. and alternative fuels. they are happy to do so. It is now time The U.S. is the technological engine of the That is more than the rest of the world com- to give them the tools to meet this world and we must lead the innovation in bined.’’ China has also adopted CAFE stand- growing task and share it with others. wind, solar energy and new fuel sources. We ards that by 2008 will require cars to get 40 I urge the passage of this bill. cannot, we must not lose this race. Mr. BOUCHER. Mr. Speaker, I am miles per gallon and trucks to get 21 miles per If the Democrats were in charge of this pleased to yield 2 minutes to the gen- gallon. China is also purchasing Hybrids from House, we would be challenging America to tleman from New York (Mr. BOEH- abroad and developing hybrid production ca- establish a national oil savings goal, drive the LERT), the distinguished chairman of pabilities. future of the energy industry, and revolutionize How do we expect to keep up, let alone the Committee on Science. our domestic use of fuels. (Mr. BOEHLERT asked and was given lead, in these emerging innovative energy Democrats would be setting an agenda of permission to revise and extend his re- technology markets if we starve our R&D sec- innovation and establishing measurable goals marks.) tor and refuse to set bold goals that stimulate to test the success of this to measure the suc- Mr. BOEHLERT. Mr. Speaker, I rise creativity and achievement? cess of their energy policy. Americans know in their bones that we need We would be demonstrating that a modern in strong opposition to this bill. H.R. to do more—that we are lagging behind in this economy can grow and provide jobs to its citi- 3893 will increase the deficit, harm the race. Every time we pull up to the pump and zens without sacrificing the quality of its air, its environment, undermine the States watch the cost of the gasoline filling up our water or its most precious natural heritage and give charity to oil companies, cars, ringing up to $40.00 for a tank that is areas. while doing virtually nothing, vir- barely full, we are reminded of the need to get That is what we need to be doing on the tually nothing, to help consumers. out of this mess. Floor of this House, and that is what the bill The whole premise of this bill is Consumers are paying the price for the Re- before us today entirely fails to do. faulty: Refining capacity in U.S. is in- publican Congress’ submissiveness to the Big I urge the House to vote down this bill. creasing. Let me repeat that: Refining Oil companies, for its lack of vision. Mr. HALL. Mr. Speaker, I yield 2 capacity in the U.S. is increasing, and Consumers lose when the Republican Con- minutes to the gentleman from Lou- it has been increasing for a decade. gress allows America to slip behind the pack isiana (Mr. BOUSTANY). Yes, the number of refineries has de- of nations racing to lead the energy industries Mr. BOUSTANY. Mr. Speaker, I rise clined, but that is irrelevant. Saying of the future. Right now, we have few choices today in vigorous support of H.R. 3893. that we have less refining capacity but to return to the pump, fill our cars and This bill takes us back to Earth in re- today because we have fewer refineries hope that this spike that has lasted for over 2 ality. This bill recognizes the need for is like saying that we have fewer crops years is going to break soon. increased supplies of refined petroleum today than we did in 1920 because fewer We owe our citizens a new vision for Amer- products and takes the necessary steps Americans are farming. It just does not ica’s energy future to hang their hopes on. to increase refining capacity. make sense. It does not pass the laugh Hope without vision is a four letter word—our No new refinery has been constructed test. vision for restoring America’s greatness in the United States since 1976. We just Not only that, the marketplace offers through an energy challenge gives wings to heard the numbers earlier. The demand incentives, and plenty of them, for oil the hopes of Americans wondering when this for gasoline exceeds domestic produc- companies, all the incentives they need crunch will end. tion by an average of 4 million barrels to build more refineries. They have This is a can-do Nation that has never per day. This growing gap is met by record profits and demand for their stepped down from a challenge. Today we importing refined petroleum from for- products keeps increasing. Refining ca- cannot afford to walk away from the challenge eign sources, which is a threat to mar- pacity is likely to increase even more to lead the world in the future of energy tech- ket stability and national security. Re- with or without this bill responding to nology. fining capacity is not being increased, the market demand. In 1961, President Kennedy announced a due in part to a permitting process But with this bill, we burden tax- goal of sending a Man to the Moon and re- that is overly cumbersome and capital payers by sending their hard-earned turning him safely to Earth. By 1969, Neil Arm- intensive. tax dollars into the pockets of oil com- strong was standing on the Moon looking up The two hurricanes only further ex- panies through rebates and special pay- at the earth. We need a similar visionary lead- posed the lack of a comprehensive na- ments. With this bill, we interfere with ership today. tional energy security policy. Cur- environmental rules designed to im- Instead of the bill before us now, we should rently, 20 percent of our Nation’s refin- prove public health. With this bill, we be bringing a bill to the floor of this House ery production is shut down. 600,000 take away, take away, authority from which would: barrels are off line in my southwest the States and local governments. Adopt a national policy of cutting our de- Louisiana district. What we do not do with this bill is pendence on imported oil in half within the This bill makes the necessary com- take any steps to reduce demand for next decade. mitments to expand and diversify the oil, the only step that will actually re- Recognize that since we consume 25 per- refining industry in this country. By duce the price of gasoline, not to men- cent of the world’s energy but have only 3 per- reforming and expediting a permitting tion to make our Nation more secure. cent of the world’s oil reserves, we cannot drill process that is excessively slow and I urge opposition. The priorities are our way into energy independence. nearly impossible to navigate, we will all wrong. Embrace innovative energy technologies to enable refiners to meets the energy Mr. HALL. Mr. Speaker, I yield 2 improve the fuel efficiency of our cars and needs of America’s citizens. minutes to the gentlewoman from New

VerDate Aug 31 2005 04:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.026 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8769 Mexico (Mrs. WILSON), a member of the sumers were paying higher and higher satisfied with the concentration of re- committee. prices at the pump. In California, finery capacity in hurricane-prone Mrs. WILSON of New Mexico. Mr. prices climbed $1 between January and areas, if you are satisfied with the fact Speaker, one of the things that both- August. They rose 50 cents in a that we have not built a new refinery ered me at the time of Katrina and month’s time between July and Au- in so many years, if you are satisfied then Rita was when you saw on the tel- gust, with prices rising to well over $3 with the status quo and if you think evision long lines of cars at gas sta- a gallon. I paid close to $4 a gallon in your constituents are satisfied with tions that were charging $5 or $6 for my congressional district just a week that, if you think that 2 million barrels gas that you knew they did not pay ago. Consumers in other parts of the is enough for the Northeast Heating Oil that much to get in there. I do not be- country have seen similar hikes. Reserve, if you think this bill is going lieve that disasters should be a wind- If we look at what the Washington to cost money even though it will not, fall for opportunists, and I appreciate Post recently reported, it is painfully then vote against it. the chairman and his staff working evident that the oil industry and the b 1200 with us over the last week to strength- refiners have profited handsomely. The en the price-gouging provisions in this money going to crude producers has But this is your opportunity to sup- bill. climbed 46 percent over the last year. port an energy bill that you can tell Currently, under current law, most For refiners, revenues have increased your constituents will help, over the price-gouging statutes are at the State 255 percent in one year, from Sep- short term and the long term, provide level, and only 23 States in the Nation tember 2004 to September 2005. gasoline and heating oil to your con- have price-gouging statutes. The only The last time I remember seeing rev- stituents who need it badly. authority at the Federal level is enue increases like this was when Mr. BOUCHER. Mr. Speaker, I am through antitrust laws. You have to Enron, Reliant and other gougers were pleased to yield 2 minutes to the gen- have two companies colluding in order raking in their profits during the so- tlewoman from Illinois (Ms. to investigate it. With this bill, that called California energy crisis. And the SCHAKOWSKY). will change for the first time. explanations are also too familiar. We Ms. SCHAKOWSKY. Mr. Speaker, I For the first time, there will be Fed- are being told again we are paying the rise in strong opposition to this bill eral authority under the Federal Trade price for having too little capacity. It and in support of the Stupak-Boucher Commission to investigate price is not the case, Mr. Speaker. The substitute. gouging after a disaster area has been record shows otherwise. It is econom- This bill does nothing to help us gain declared. We have worked to strength- ics, not regulations, that have led to energy independence, to increase refin- en this bill from the committee. The the shortfall in capacity. ing capacity, or lower prices at the fines will be up to $11,000 per instance. I hope everyone will support the pump. And no Member, and particu- It will apply in a disaster area and also Democratic substitute. It is the legisla- larly no one who represents the Mid- beyond that disaster area if the Presi- tion that will really put the gougers’ west, should vote for this bill. dent expands the area of coverage. feet to the fire and do something about The Federal Energy Information It covers any person or company, not it. I urge everyone to vote for the sub- Agency predicted that the price of nat- just the retailers, but up and down the stitute and against the base bill. ural gas would increase by 71 percent supply chain, and it applies to gasoline, Mr. HALL. Mr. Speaker, I yield 2 in the Midwest this winter. In Chicago, crude oil, home heating oil and natural minutes to the gentleman from New the average heating bill is predicted to gas. It is quite a broad provision com- Hampshire (Mr. BASS), a member of be $1,475 per household. Yet, instead of pared to what we had coming out of the committee. addressing an impending heating crisis committee. Mr. BASS. Mr. Speaker, I thank the and protecting consumers, this bill is I want to thank the chairman for his chairman for yielding me time, and I filled with giveaways to the same en- leadership and his staff for really want to thank the gentleman from ergy companies that are making record strengthening the price-gouging provi- Texas (Mr. BARTON) for working so profits in the aftermath of the hurri- sions in this bill and, for the first time hard to accommodate those of us who canes. in this country, giving the Federal represent the northeastern part of this This bill’s attempt to prevent gaso- Government the tools they need to country in this bill. I rise in strong line price gouging is little more than a combat people who are taking advan- support of this legislation, and I do so charade. But this bill does not even tage of terrible situations and take having worked hard to make sure that pretend to prevent natural gas compa- care of this problem of windfalls. those of us who represent the north- nies from gouging consumers. Even Mr. BOUCHER. Mr. Speaker, I am eastern part of the country are satis- though natural gas prices are four pleased to yield 2 minutes to the gen- fied with what we have before us today. times what they were in 2001, there is tlewoman from California (Ms. ESHOO). I wish to make three points. The first no mention of natural gas in the price Ms. ESHOO. Mr. Speaker, I thank the is that the issue of new source review gouging section of this bill. For nat- gentleman for yielding me time. is gone. It is a debate for another day, ural gas suppliers and distributors, this Mr. Speaker, I rise in opposition to and I think that is an enormous im- bill is a green light to jack up the the bill and in support of the Demo- provement to the bill. The issue of pol- prices. cratic substitute. I would like to start lution in this country needs to be ad- In Illinois, to qualify for the Low In- out by saluting the gentleman from dressed, and the Clean Air Act defi- come Home Energy Assistance Pro- New York (Mr. BOEHLERT) for having nitely needs to be amended, but I felt gram, a family of four must earn under the courage as a Republican to stand for a long time a refinery bill was not $29,000 a year, under that. Because of up and to take the position that he has. the place to do that, and I commend increasing energy costs, LIHEAP has I think it is a sad day when the Re- my leadership for being able to work covered a smaller share of a family’s publican Party is no longer holding on that out. As the gentlewoman from average heating bill over the last 4 to the environmental mantle. One of New Mexico mentioned in her speech, years, and that share will be lower this my predecessors, Pete McCloskey, was there is a wonderful provision on price year due to these record price spikes. a great champion in the Congress on gouging that will protect consumers This winter, millions more Americans those issues, and I think it is regret- against price gouging from the refinery may find that they cannot pay their table that that is where the Repub- on down. home heating bills, not just poor Amer- licans are today, because if there were The third point is that the only cost icans. What are we doing to protect more that would stand up, we would be in this bill is the cost associated with them? able to put into place a bill that would increasing the Northeast Home Heat- The Democratic substitute gives the really serve the American people well. ing Oil Reserve from 2 million to 5 mil- FTC new authority to prevent and pun- Hurricanes Katrina and Rita only ex- lion barrels a day, which is critical to ish corporations that gouge consumers acerbated what has been happening to the northeast. for the oil, gasoline, and natural gas consumers in our country for the past The bottom line is, if you are satis- they need to get to work, heat their year. Weeks before Katrina hit, con- fied with higher gas prices, if you are homes, and run their businesses. It is

VerDate Aug 31 2005 05:13 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.047 H07OCPT1 H8770 CONGRESSIONAL RECORD — HOUSE October 7, 2005 the only proposal before the House Mr. ROGERS of Michigan. Mr. refineries to cover their unanticipated today that will address the impending Speaker, I am a little surprised by the costs. It is in the bill and it is called heating crisis facing millions of Ameri- discourse from my colleagues on the stand-by support, stand-by support. cans this winter. other side of the aisle, very 1960s rhet- What that means is if they encounter Mr. Speaker, we were unprepared for oric for a 2005 problem. You cannot reg- some sort of reasonable delay, govern- Katrina. We cannot let that happen ulate and put hurdles and tell the oil ment regulation, or something like again. Members in this body are faced industry that is really global these that, and they suffer losses and they with a choice: representing consumers days that you cannot build refining ca- cannot open on time or they are de- and small businesses, or big oil compa- pacity in America. It is bad. layed in their operations, we, the tax- nies. We should not leave the American Most Americans, when they saw the payer, get to pay for that. That is not people in the cold this winter while en- hurricane strike, realized that 30 per- unusual. That is not a crisis situation. ergy companies are left with money to cent of our refineries were at risk, 30 That is not the airlines after Sep- burn. percent. They understood that you can- tember 11. That is not an unusually Mr. HALL. Mr. Speaker, I reserve the not concentrate our refineries in one high-risk situation. These are delays in balance of my time. place and that you have to have more the normal course of business; but, yet, Mr. BOUCHER. Mr. Speaker, I am capacity. this bill would have the taxpayer pay pleased to yield 2 minutes to the gen- The reason it is expensive is because for those losses, and that does not tlewoman from California (Ms. SOLIS). we import refined product. Americans make sense. Ms. SOLIS. Mr. Speaker, today I rise understand that. Your rhetoric today, Let me take a minute and talk about in opposition to the anti-public health, the old-fashioned ideas of regulate and price gouging. Now, they came out of anti-consumer ‘‘GAS Act.’’ The legisla- hinder and put hurdles up, will not committee with a very limited bill tion is an insult to the American pub- solve these problems. It took 20 years that basically talked about gasoline, lic which needs real relief, but this is to get here because we would not allow and now they say, well, we want to an attack on our public health; and it them to build refineries across this broaden it a little bit. Let me suggest is a giveaway to corporate America. Their interests will harm, in my country to meet public demand. that the broadest possible protection I tell you, I have working families in opinion, 5.5 million Latinos that live for the American people in terms of my district that pull up to that pump within 10 miles of coal-powered plants price gouging comes from the Demo- and talk about mortgaging their house and the 68 percent of all African Ameri- cratic substitute. It gives the broadest in order to get it completely full. This cans that live within 30 miles of a coal- jurisdiction over the most types of powered plant. is a serious problem, and it needs seri- fuel, including propane, home heating These changes will increase the risk ous solutions. oil, crude oil. That is where we need to of disease to schoolchildren in Texas This bill goes a long way. It says we be, not with the limited approach of who are exposed right now to 43.4 mil- are going to protect the environment, the Republicans. lion tons of toxic pollutants in just 1 we are encouraging some conservation, They also do not deal with market year because of almost 140 nearby in- and we are going to build capacity so manipulation, and market manipula- dustrial facilities. These changes will that we do not have to have this for- tion is where the consumer takes the increase the risk of disease to over eign dependence on refined product. I hit. I urge rejection of the Republican 207,000 children who go to schools with- thank the chairman for doing this. bill and adoption of the Democratic al- in a 2-mile radius of a chemical plant This is the responsible thing to do, ternative. or refinery in Texas. These changes moving this country forward, and put- Mr. HALL. Mr. Speaker, I yield my- will not help construct new refineries ting us in a place where we are not for- self such time as I may consume. or guarantee an increase in refinery ca- eign-dependent and we have the ability Mr. Speaker, this is one of the two pacity and will do nothing to lower the to lower the prices and give stable most important bills that has come be- cost of gasoline. prices in the future in this great coun- fore this Congress maybe in the last 10 This is a Washington bill drafted on try. years, one we passed a couple or 3 K Street by those lobbyists and is an Mr. BOUCHER. Mr. Speaker, I yield 2 months ago. This bill is not just impor- attack on our public health. No State minutes to the gentleman from Mary- tant to us in Congress that we pass air boards were consulted, no mayors, land (Mr. WYNN). something; it is not just important to no city managers, no land use planners, Mr. WYNN. Mr. Speaker, I thank the companies that have to adhere to the no attorneys general, not even mine gentleman for yielding me this time. contents of it; not just to the big oil from California. Mr. Speaker, I rise in strong opposi- companies, as they have been referred There is a reason why the bill is op- tion to this bill, the so-called Gasoline to, we need them, they need us, we posed by the National Association of For America’s Security Act. Now, this need what they can do for us; but it is Counties, the National League of Cit- is not a partisan rant. I am a Demo- important to the youth of our Nation. ies, and nine attorneys general. The crat, but I supported the last energy This is really a generational bill be- local air pollution program and control bill. It had considerable merit and a cause it affects your children and my officers, the South Coast Air Quality few flaws. This bill is very flawed and children and my grandchildren. Management District, the American has very little merit. I probably have asked myself a dozen Lung Association, and many others are Let us talk about refineries. Over the times what is the primary duty of a in opposition to this bill. past 20 years, U.S. demand has in- Member of Congress. It is probably to It is time that the administration creased 20 percent. No new refineries prevent a war. And how do you do that? and the Republican leadership learn have been built. In fact, refining capac- You do that by removing the causes of that public health and the environment ity has declined by 10 percent. But con- war, and energy or lack of energy is a and the voices of our communities are trary to what my colleagues just major cause of most wars that I know not exploitable commodities. heard, there are no barriers stopping anything about or remember. I will support the Democratic alter- the refining industry from building Who fights wars? Your children do. native which protects public health, new refineries and expanding capacity. They are today in school, juniors or protects consumers, and secures our re- In fact, the key thing people need to seniors or maybe in junior college, to- fineries in times of emergency. I will understand in this debate is that the tally unaware of what we are doing not support the underlying legislation profit margins for the refineries has here, but so affected by what we do. which gives Americans a false sense of gone up 255 percent. They are making Our children have to fight wars, not us hope and security. I urge my colleagues more money than anybody else. So anymore. About 64 years ago I was a to join me in opposition. America de- there is no reason why we should give senior in high school, and I heard serves better. them some big subsidy or big benefit to Frank Roosevelt at that podium right Mr. HALL. Mr. Speaker, I yield 2 encourage them to build refinery ca- there stand up and say in a speech minutes to the gentleman from Michi- pacity. after our Nation had been attacked, gan (Mr. ROGERS), a member of the This bill really is outrageous in ‘‘To some generations much is given, of committee. terms of having the taxpayers pay the some generations, much is expected,

VerDate Aug 31 2005 05:13 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.050 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8771 but this generation has a rendezvous technologies and fuel-efficient cars, Mr. LANGEVIN. Mr. Speaker, I rise today in with destiny.’’ That rendezvous was new technologies and new productive opposition to H.R. 3893, which pretends to be World War II. We do not want that ren- capabilities in wind and solar and wave a response to our Nation’s exorbitant energy dezvous for our children. If we remove power and a whole slew of other things. costs, but which is actually a giveaway to oil the causes of war, and energy is a We need new ideas, we need a new vi- and gas companies that doesn’t help Amer- major cause of war, if we pass this bill, sion, not an old giveaway to oil and ica’s struggling consumers. In fact, many of we will have refinery capacity to pre- gas. the provisions in this legislation are not new; vent a war for this generation and Mr. Speaker, this bill is one small we have seen them before, but they have those that are waiting. misstep for man and one giant leap proven so controversial that they were ex- So, Mr. Speaker, of course I rise backwards for mankind, and it should cluded from the energy bill that Congress today in support of H.R. 3893. While the be defeated. passed earlier this year. impetus for the bill arose from tragedy, b 1215 Rhode Islanders are paying an average of it opened our eyes to the vulnerability $2.86 for a gallon of gasoline, and high home of our Nation’s gasoline supply and Mr. BOUCHER. Mr. Speaker, I yield heating oil and natural gas prices are causing causes us to act to prevent the price the balance of my time to the gen- families to wonder how they will be able to af- spikes and shortages from happening tleman from Maine (Mr. ALLEN). ford to stay warm in the coming winter again, and everything we have said or The SPEAKER pro tempore (Mr. months. In recent weeks, Rhode Islanders done here on this floor is going to be in LAHOOD). The gentleman from Maine is have learned of two utility rate increases for the CONGRESSIONAL RECORD for the recognized for 2 minutes. both electricity and gas. These proposed in- American people to see. I would hate to Mr. ALLEN. Mr. Speaker, I rise in creases come at a time when the average say that I opposed everything that had strong opposition to H.R. 3893. This bill price of gasoline at the pump is up 51 percent, been offered to solve the energy crisis. is a laundry list of giveaways to the oil compared with last year, and home heating oil There has not been a new refinery industry, one of the most profitable in- is up 57 percent in the same period. built in some 25 or 30 years, and the dustries in America and one that is Congress must take swift action to reduce ones that are currently running are right now gouging American con- the cost of energy, but this bill benefits only doing so at 95 percent of operating ca- sumers. Big oil and its supporters are the oil and gas industries, which have been pacity and at peak times of the year, exploiting the tragedy and human suf- reaping record profits in recent months. We even higher. fering caused by Hurricane Katrina to have heard legitimate questions about how The main thrust of this bill before us ram through Congress ideas so bad much of the recent increase in energy costs is today encourages the building of new they were rejected just 2 months ago the result of price fixing, yet this legislation’s refineries, and in more diverse loca- when Congress last approved a laundry provisions to combat price gouging are insuffi- tions. It gives areas with closed mili- list of giveaways to the oil industry. cient and amount to no more than a slap on tary bases a chance to convert these For example, the bill guts key envi- the wrist. Furthermore, it would reverse long- bases into refineries so that they can ronmental and human health protec- standing health and environmental protections, keep their citizens employed and re- tions of the Clean Air Act by limiting despite strong opposition nationwide to these main economically stable. I have one the States ability to use specialized proposals. In fact, one of the bill’s original pro- in my district at Texarkana, not sub- blends of gasoline to achieve their visions—expanding loopholes for refineries ject to the vicissitudes of nature or the clean air goals, and permitting up-wind and power plants to avoid compliance with the hurricanes; it is inland far enough. States to continue to send pollution Clean Air Act—was deemed so controversial There are other areas in here. I hope downwind. The result: More dirty air that it was removed in the dead of night. consideration is given to them. at higher emissions rates for a longer I support the Democratic plan to establish I encourage my colleagues to vote for period of time. strong federal laws and new penalties to crack H.R. 3893 insomuch as it is a bill that Supporters of this bill will tell you down on price gouging. The Stupak-Boucher addresses head-on the high price of gas- that environmental regulations make substitute empowers the Federal Trade Com- oline and provides solutions from sup- it impossible to build or expand refin- mission to combat price gouging for gasoline, ply to conservation. I am tired of see- eries. But that simply is not true. En- diesel, natural gas, home heating oil, and pro- ing my constituents have to pay al- vironmental regulations are not the pane. Unlike the Republican bill, the Demo- most 3 bucks for a gallon of gas. If you problem. The truth is that the oil in- cratic proposal includes real penalties for price want your constituents to keep on pay- dustry’s profits will decline if the ca- gouging and energy market manipulation—up ing these exorbitant prices, then go pacity is increased, so they have not to $3 million per day. Additionally, the Demo- ahead and vote against this bill. If you really tried to keep up with demand. cratic plan would create a Strategic Refinery want to help them, like I do, I ask my The oil companies are making billions Reserve, which like the Strategic Petroleum colleagues to vote ‘‘yes.’’ these days. They do not need another Reserve, would improve our Nation’s ability to Mr. Speaker, I reserve the balance of subsidy. prevent oil and gasoline shortages in the wake my time. Moreover, there are no offsets for of a natural disaster such as a hurricane. Mr. BOUCHER. Mr. Speaker, I am subsidies to big oil in this bill. Appar- Our Nation needs a new, long-term energy pleased to yield 1 minute to the gen- ently, the Republican operation offset policy that encourages the use of renewable tleman from Washington (Mr. INSLEE), applies only to programs that help poor fuels and energy conservation efforts. To this a member of the Committee on Energy people, like Medicaid and food stamps, end, I have cosponsored legislation to in- and Commerce. and not to oil industry subsidies. crease automobile fuel efficiency standards (Mr. INSLEE asked and was given I am pleased that the manager’s and have strongly supported Congressman permission to revise and extend his re- amendment appropriately modified the INSLEE’s New Apollo Energy Act, which would marks.) provision requiring the President to establish a nationwide commitment to devel- Mr. INSLEE. Mr. Speaker, this bill is designate three closed military bases oping and promoting new energy sources for a giant missed opportunity. We had an for construction of a refinery against the future. This strategy is important not only opportunity to do something signifi- the will of the local community. I am for our economy, but also for our national se- cant. Kennedy said we were going to go also pleased that the chairman deleted curity. to the Moon in 10 years; this bill will the section of the bill that eviscerated Unfortunately, the Republican bill consid- not get us to Cleveland. And the reason the Clean Air Act’s new source review ered today does nothing to move us toward is it invests in old technology. Did program. that goal, but instead offers us more of the Kennedy challenge the country to in- But these welcome programs do not failed policies of the past. I urge my col- vest in propeller plane technology? make the underlying bill a good one. I leagues to support the Stupak-Boucher sub- Here we are simply investing in oil fos- believe that we should act to increase stitute and to oppose H.R. 3893. sil fuel technology, a giveaway to the refinery capacity, and that the Stupak- Mrs. WILSON of New Mexico. Mr. Speaker, oil and gas industry of millions and bil- Boucher amendment is the right ap- times of tragedy should not be windfalls for lions of dollars of taxpayer money. proach. Let us reject this bill and move opportunists in the wake of Hurricane Katrina We need a new Apollo energy project. forward on a better solution to our en- gas prices fluctuated to upwards of $6.00 in H.R. 2828 will get us there with new ergy crisis. some communities.

VerDate Aug 31 2005 05:13 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K07OC7.052 H07OCPT1 H8772 CONGRESSIONAL RECORD — HOUSE October 7, 2005 Prosecution for price gouging is generally a tive we make long overdue improvements in I share my colleagues’ concern for the rising state matter unless it involves some form of automobile fuel economy while diversifying our costs of fuel in this country, and I too am out- collusion or other activity in violation of federal fuel mix to include alternatives like cellulosic raged at the allegations of those who would laws. ethanol and biodiesel. Finally, we need to in- profit through other Americans’ misfortunes by Only 23 states have anti-gouging laws on vest in the next generation of 21st century price gouging. However, I do not feel that we the books, and definitions vary widely. Only 13 technologies that create jobs, protect the envi- should join in the exploitation of this tragedy of those states have emergency anti-gouging ronment and move us towards energy inde- by using it as an opportunity to pass unsound, laws. The aftermath of Hurricane Katrina has pendence. short-sighted, and irresponsible legislation. shown that the patchwork of state anti-gouging I ask my colleagues to embrace that vision This bill will do virtually nothing to lower laws does not work to deter opportunists. and to oppose this bill. gasoline and other fuel costs. It will not get re- While the Federal Trade Commission (FTC) Mr. SKELTON. Mr. Speaker, the Gasoline lief to those Americans who are currently monitors gas prices and investigates possible for America’s Security Act has a nice name, bearing the burden of more expensive gas antitrust violations in the petroleum industry, but it does little to help Missouri’s farmers and and those who will be facing much bigger there is no federal law to prohibit price rural commuters who are experiencing record home heating bills this winter. gouging by individual bad actors. high energy costs. In fact, as far as I can tell, the only ones I welcome H.R. 3893 the Gasoline for Amer- Motorists in Missouri and across the Nation who will see relief from this bill are the ones ica’s Security (GAS) Act of 2005 price gouging are paying a premium for gasoline and diesel who need it least: the gas and oil industry who language. It incorporates penalties of up to fuel, especially in the wake of severe weather are currently enjoying record profits. We seem $11,000 per violation and covers retail and in the Gulf of Mexico. Missouri’s Fourth Con- to be offering subsidies to big oil with one wholesale sellers of crude oil, gasoline, diesel gressional District is primarily rural, and resi- breath and excuses to the American people fuel and home heating oil. dents rely heavily on transportation in going with the next. The GAS Act Requires the FTC to enact a about their daily lives. This is especially true Just last week I came before you and as- price gouging definition as soon as possible for farmers who are also facing additional sured you that I could not and would not sup- within six months, an improvement from the costs for natural gas, propane, fertilizer, and port a bill that ignores and endangers public potential delay in the language reported out of pesticides. health. I make that promise again today. This Committee. As energy expenses have sky-rocketed over bill’s weakening of environmental protections The House should pass a strong price the past few weeks, many Missourians have poses a great threat not only to the viability gouging law that would be in effect in disaster expressed concern and skepticism about high and sustainability of our environment, but also areas. This bill includes a strong national pol- prices and simultaneous reports of record oil to the people who inhabit it. Limiting judicial icy providing stiff penalties for gasoline price industry profits. review and EPA oversight, allowing increased In order to make sure consumers are being gouging. Times of tragedy should not be wind- air emissions, and permitting delays in meet- treated fairly, the Federal Trade Commission falls for opportunists. I urge my colleagues to ing current deadlines under the Clean Air Act and the Justice Department should be given vote in favor of H.R. 3893, the Gasoline for is irresponsible and dangerous. explicit authority to investigate collusion and In my own state of New Jersey, studies America’s Security Act of 2005. price gouging within the oil industry. Penalties Mr. VAN HOLLEN. Mr. Speaker, I rise in have shown that our air pollution levels cause must have teeth and must be severe. And, im- strong opposition to H.R. 3893, which in many 2,000 premature deaths every year. At this portantly, the government must be guaranteed ways is little more than a hastily assembled— rate, pollution ranks as the 3rd most serious broader authority to look into potentially illegal public health threat in the State. Only smoking and opportunistically revived—retread of dis- behavior within other energy sectors, at least and obesity kill more New Jerseyans each carded ideas from past energy debates. during times of national emergency. year. Air pollution has also been directly linked Mr. Speaker, our constituents are asking for The bill being considered by the House transparency in markets and price relief at the to the rise in child asthma rates, lung cancer, today contains scant assistance for the rural learning disabilities, and heart attacks. pump. So what does this bill do? Americans I am privileged to represent. It will I will not endanger the lives and health of Rather than empowering the FTC to launch not lower their energy prices and it puts in the people of my State. I will not support the an aggressive investigation into recent reports place weak price gouging standards. It also weakening of environmental protections that of market manipulation, this legislation actually does little to promote additional refining capac- will lead to increased pollution and threats to reduces the maximum penalty for price ity, while gutting important environmental safe- public health. I will not participate in fiscal irre- gouging from $11,000 per incident to $11,000 guards and creating additional corporate tax sponsibility by giving the oil and gas industry per day. So much for strengthening trans- breaks. subsidies that do nothing to ease the cost bur- parency and deterrence. Waiving environmental protections and of- den on the American people, especially those Instead of ensuring additional refining ca- fering federal tax breaks to oil companies will who can least afford it. pacity, this bill blames and then proposes to not entice them to build new oil refineries. In other words, I will not support H.R. 3893. eliminate key provisions of the Clean Air Act— While more refineries would certainly help Mr. LARSON of Connecticut. Mr. Speaker, I as if public health protections are the barrier to produce more gasoline, oil companies have rise today in opposition to the Gasoline for additional refining capacity. They are not. The had the opportunity and financial capability for America’s Security Act and in strong support Government Accountability Office (GAO) has years to increase their refining capacity. Envi- for the substitute offered by the gentleman concluded—and industry representatives con- ronmental regulations are not stopping them. from Michigan (Mr. STUPAK) and the gen- cede—that the decisive factor is economics. Rather, the inability to build profitable refin- tleman from Virginia (Mr. BOUCHER). Indeed, far from cheering this legislation, At- eries has led oil company executives away Our Nation is facing a real energy crisis. torneys General from across the nation are from constructing or resurrecting them. The people of Connecticut, and millions of sounding the alarm that H.R. 3893 will cripple An alternative to this bill is being offered by Americans, are paying record amounts to fill states’ ability to meet basic clean air stand- Mr. STUPAK of Michigan and others. The Stu- their gas tanks. The Energy Information Ad- ards for our citizens. pak bill would strengthen the hands of the ministration (EIA) estimates that in the upcom- Finally, not content to relieve industry of its Federal Trade Commission and the Justice ing winter, homeowners in the northeast can environmental obligations, H.R. 3893 extends Department, targeting price gouging across expect to pay almost 30 percent more to heat the gravy train begun several months ago by the energy spectrum. It would also help Ameri- their homes. American families will pay hun- lavishing oil companies with an additional $1.5 cans who are struggling to deal with high gas dreds, if not thousands, more in extra energy billion over and above the $4 billion they just prices and bracing for record home heating costs this year. This will be a hard year for too received under the last energy bill. This—dur- bills this winter, while creating a Strategic Re- many Americans. ing a time of record deficits and industry prof- finery Reserve to provide additional gas sup- Yet, in the name of Hurricane Katrina the its. plies during energy shortages like the one we House majority leadership is pushing a bill that Mr. Speaker, we do indeed have an energy are currently facing. does nothing to reduce our dependence on oil, crisis in this country—one that cannot begin to I urge my colleagues to oppose the Repub- lower gas prices, or help Americans get be solved by the kind of special interest wish lican bill and support the more wisely drafted through the upcoming winter. We cannot solve list being passed off as legislation today. In alternative. high gas prices by throwing money at oil com- the near term, we need to restore confidence Mr. PAYNE. Mr. Speaker, I come before panies. We need to bring some real trans- and transparency to the marketplace by taking you today to express my opposition to H.R. parency into the oil industry and shine the decisive steps to punish and deter market ma- 3893, the so-called ‘‘Gasoline for America’s brightest possible light on how these compa- nipulation where necessary. Next, it is impera- Security Act of 2005.’’ nies—making billions in record profits are

VerDate Aug 31 2005 05:13 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\A07OC7.028 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8773 squeezing every possible dollar out of the It is unconscionable that this most recent Mr. STARK. Mr. Speaker, I rise in strong American people. It’s our American families energy bill completely misses the point. We’re opposition to H.R. 3893, the so-called Gaso- who are struggling to heat their homes and fill not going to drill, dig, and subsidize our way line for America’s Security Act of 2005. their tanks this winter that need relief, not big out of this energy crisis. Burning money is not This bill represents the worst of legislation oil. an efficient way to produce energy. We must written by and for corporations. In the name of I was honored to join the gentlewoman from have an energy program for this century, not helping the economy, it decimates environ- New York (Mrs. SLAUGHTER) in offering an the 1950s. This new energy policy should con- mental laws and eliminates the ability of state amendment that would have ended the prac- sist of more efficiency, new technology, and and local governments to decide what’s best tice of wholesale price discrimination by pro- less petroleum. for them. It then reimburses oil companies for hibiting oil companies from restricting the If we’re going to spend more money, it the inconvenience of having to act appro- source of a dealer’s supply of gasoline. This should be invested in programs that actually priately to protect our air and water. It is so far amendment, based on legislation proposed by help people. Higher fuel efficiency standards, afield of economic reality that even the oil Connecticut Attorney General Richard public transit, and even bicycles, will do much companies admit that refining capacity will in- Blumenthal, would have gotten straight to the more to reduce our dependence on foreign oil crease without it. It is so environmentally reck- heart of high gas prices by freeing our local than what’s in this bill. If just two percent of less that one has to wonder if Republicans gas stations from the hold of big oil compa- trips taken nationwide were taken by bikes, we think that they, in addition to being exempt nies. The hard truth is that our small local gas would save more than two thirds of a billion from our ethics rules, breathe different air than station owners are just as much at the whim gallons of gasoline a year and up to $5 billion the rest of us. of big oil companies as the rest of us. They in total consumer driving costs. While the Majority says that environmental are locked into restrictive franchising agree- Increasing fuel economy standards by a regulations are the reason for high gas prices, ments that require them to purchase their sup- mere 1.5 miles per gallon—less than 10 per- the facts just don’t support their claim. The ply from a single wholesaler. As a result many cent—over the next 10 years would save more reason that the cost of refining has increased of these owners, who may own two or more oil than we currently import from the Persian is because oil companies voluntarily closed 30 stations in different towns, often have to pay Gulf and more than we could ever recover refineries in the late eighties and early nineties different prices on the same gas on the same from the Arctic National Wildlife Refuge, com- to increase their profit margins. The scheme day, depending on where their stations are lo- bined. worked: Refinery revenues increased by 255 cated. Our amendment would have simply Last but not least, this bill’s focus on making percent last year alone. freed station owners to find the most competi- it easier to build more refineries by limiting our As one would expect, high profits are now tive and fair market price to purchase their environmental standards completely misses encouraging companies to once again build supply and pass real savings on to their cus- the point. The fact is, the energy industry and expand refineries. 1.4 million barrels per tomers. makes more money by restricting refinery ca- day of refining capacity were added between Last night, while I was waiting at the Rules pacity; the refiners’ profits have jumped 80 1996 and 2003. Due to this expansion, even Committee to testify on our amendment, I had percent over the past 5 years. As long as the the American Petroleum Institute acknowl- the opportunity to listen to many of my col- oil companies stand to make more money with edges that the Republican’s bill is completely leagues offer amendments that would have limited supply, this approach is doomed to fail. unnecessary. This energy bill is not only a missed oppor- significantly improved this bill. From increasing This bill is shamefully using hurricanes and fuel efficiency, addressing the natural gas cri- tunity, but it is a cynical effort by Washington high gas prices as an excuse to advance the sis and making our Nation energy inde- Republicans to exploit the tragedy of Hurri- extreme anti-environment agenda of the Re- pendent, it was clear to me that there are canes Katrina and Rita to give more subsidies publican Party’s corporate bankrollers. It many worthwhile ideas that deserve real de- to oil companies and to roll back environ- would: bate on the House floor. Unfortunately, as mental laws. Allow the President to place new refineries they do time and again, the majority rejected Mrs. MALONEY. Mr. Speaker, I rise today in in national forests, wildlife refuges, and closed these excellent amendments in favor of push- strong opposition to H.R. 3893, the Gasoline military bases. The military base in my district ing a bill that will do nothing for Americans for America’s Security Act of 2005. This legis- would probably be an appealing target for this paying high energy costs. lation will do nothing to lower the high cost of Instead of throwing taxpayer dollars at an gas or help families pay for home heating oil President:. It’s the site of a planned National industry making record profits, let us debate this winter. Rather, it’s another taxpayer sub- Wildlife Refuge. Like many communities the real issues that are driving up the cost of sidy from the Republican Majority to the oil around the country, the City of Alameda has energy. Let us take on the price gouging and and gas companies while the American people undergone an extensive planning process to market manipulation that is happening at all continue to face the increasing burdens that convert the base to civilian use, but if the levels of oil production and distribution. Let us the rising cost of fuel is placing on family President said the word, all that could be un- have a real discussion on how we can free budgets. done without any local recourse. our nation from dependence on foreign oil and I urge my colleagues to oppose this legisla- Give the Federal Government sole authority develop the hydrogen and fuel cell tech- tion. to place new refineries, even those not on fed- nologies that will lead our energy future. Mr. COSTA. Mr. Speaker, since the 1973 eral land. Apparently the oil executives run- These debates are not taking place on the energy crisis, we are no more energy inde- ning the Bush Energy Department know better House floor today. The American people de- pendent now than we were then, and this leg- than your City Council where an oil refinery serve better. islation will do nothing to resolve this Nation’s should be placed. Mr. BLUMENAUER. Mr. Speaker, I rise in bankrupt energy policy. Requires the Federal Government to reim- strong opposition to H.R. 3893, the ‘‘Second For those of you who support federalism, burse refinery operators for the cost of law- Energy Special Interest Act of 2005.’’ The this measure goes in opposition to state rights! suits and any new environmental regulations. Bush administration’s energy policy and the Our current energy policy is bankrupt. If this Citizens beware: If the Bush Administration machinations of the Republican leadership on Congress is to pass a real energy policy, here wants to put a refinery next to your child’s pre- this subject have an Alice in Wonderland qual- are some things what we must do: Open up school, you can sue to block it, but you’ll have ity. ANWR; invest the revenue into renewable en- to pay back the oil company every cent the It was the Vice President, after all, who said ergy resources; and provide incentives to pro- lawsuit costs them. that energy conservation may have been a vir- mote the ingenuity of Americans to develop We could have raised fuel economy stand- tue but it was no basis for a national energy energy measures that are progressive and will ards today—the one policy that would actually policy. Yet just last week the President was rid us of energy dependence. The President have a dramatic impact on gas prices—but the compelled by circumstances to urge the only has it right, we must conserve, but we must Majority blocked the House from even voting things that are really going to work to get us go further like improve CAFE standards and on the issue. Then again, it would hardly be out of this energy crisis: conservation, the use provide incentives to build a High Speed Rail germane to consider such an amendment on of mass transit, and changing American driv- network. Conservation is an American value, a bill that has nothing whatsoever to do with ing habits. Unfortunately, the administration and it is lacking from this bill. lowering gas prices. I vote no on this reckless has not put forward any concrete proposals or This Congress must craft a real energy pol- bill. recommendations for conservation initiatives. icy that goes beyond the status quo. Mr. GENE GREEN of Texas. Mr. Speaker, Instead, he has cut funding for the conserva- Therefore, I urge that we vote down this these are very hard times for energy con- tion and efficiency programs we already have measure, and support the Democratic sub- sumers—from people on fixed incomes filling in place. stitute. up their tanks to multi-billion dollar chemical

VerDate Aug 31 2005 05:13 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\A07OC7.048 H07OCPT1 H8774 CONGRESSIONAL RECORD — HOUSE October 7, 2005 companies facing soaring natural gas feed- crisis that brought us here—gasoline short- isting refineries have been closed, but our re- stock costs. ages and prices spikes after Hurricane Katrina fining capacity has been increasing. Refining I think we did a good job with the energy and now Rita. capacity has become tight in recent years—so bill, which cannot provide immediate relief, but The amendment added an Energy Assur- now companies can use their substantial prof- will allow prices to stabilize in the future and ance title to the bill to require the Department its to increase that capacity. But there is no to become more affordable over time. of Energy to review, approve, and offer rec- reason to think that market forces cannot If the global market gives us $60 per barrel ommendations of the fuel supply segments of solve the current problem, and no reason to oil, we are going to pay a lot for gas. State evacuation plans. believe that ‘‘burdensome’’ environmental People say there is no global spare oil ca- The amendment also specifically authorizes rules had anything to do with industry deci- pacity. critical energy facilities like refineries to re- sions not to add to refining capacity in recent Well, there is a lot here in the U.S. but we quest direct help from the Department of En- years. aren’t allowed to use it—that is why I support ergy during a federally declared emergency or The Republicans tell us we need a smaller expanded oil and gas production offshore in disaster. It is in the national interest for refin- federal government and greater local govern- the OCS. eries not to go down, and if they do, to get ment control. Yet this bill is yet another exam- Limited refining capacity is leading to higher back up quickly, ple of where their message doesn’t mesh with prices, but it is not the refiners fault. The Department of Energy is authorized to reality. The reality is that this bill preempts We have 12 refining companies that make provide assistance with generation capacity, state and local government responsibilities over 500,000 barrels per day. water service, critical employees, ensure raw and relaxes environmental laws. The National That is more competitive than the software materials can be accessed, and any other ne- Association of Counties, National Conference operating system industry, the airline industry, cessity. of State Legislatures, National League of Cit- the semiconductor industry, and many others. Neither the base bill nor the Stupak amend- ies, and U.S. Conference of Mayors oppose In the refining business, historical profits are ment is a perfect answer to our problems with this bill—and for good reason.’’ well below average—that’s why no one in- refining capacity. H.R. 3893 gives federal bureaucrats at the vested in expansion until recently, when mar- However, it is clear that the American public Department of Energy sole authority over the gins improved. is feeling an energy pinch and is looking to location of new refineries, taking away the pri- Throughout this process, I have been con- Congress for action. mary permitting and oversight authority from cerned with both parties’ approach to con- At this time, some amount of positive action all other state and local agencies. The bill also sumer protection on gasoline prices. is better than no action—which is why I will ul- gives the D.C. Appeals Court exclusive juris- The original refinery bill had no FTC author- timately support this bill and encourage my diction over states’ actions related to refineries ity to protect consumers, only a study. colleagues to do the same. or pipelines, as opposed to allowing state and However, I am grateful to Chairman BARTON Mr. UDALL of Colorado. Mr. Speaker, I rise local agencies review refinery and pipeline for making significant improvements to the in strong opposition to this bill today. construction. And even though the energy bill committee-passed version of this bill. This so-called GAS Act has nothing to do passed earlier this year limited the number of The Stupak substitute goes even further by with bringing the prices of gasoline down—its gasoline and diesel fuel blends, H.R. 3893 expanding refining capacity and applying ostensible purpose—and everything to do with would limit them even further, undermining the tougher and clearer consumer protection the Republican leadership overreaching, ex- ability of states and localities that already can- standards to this bill. ploiting the catastrophes of Hurricanes Katrina not meet national air quality goals to clean up It is clear that some price increases should and Rita to their own advantage. the air their constituents breathe. The bill instructs the president to designate be investigated—especially given price spikes As I said earlier this year when the House sites on Federal lands, including closed mili- in Atlanta that topped $6 after Hurricane passed the Energy Policy Act, there is nothing tary installations, for the purposes of siting a Katrina. I’d rather vote for than a balanced energy bill refinery. The bill excludes national parks, na- But, I object to singling out the energy in- that sets us on a forward-looking course—one tional monuments, and wilderness areas, but dustry. that acknowledges that this country is overly wildlife refuges and wilderness-quality lands If we need the FTC to investigate price dependent on a single energy source—fossil such as Wilderness Study Areas and National spikes for gasoline during emergencies, it fuels—to the detriment of our environment, our Forest roadless areas are fair game. should have the authority to investigate price national security, and our economy. I share the concerns of Thomas Markham, increases for any necessity during an emer- But like its predecessor, this bill is far from the Executive Director of the Lowry Redevel- gency. balanced. opment Authority in Colorado who also serves We should cover water supplies, financial Although there is bipartisan recognition that as the president of the Association of Defense services, clothing, food, and other things we this bill should—at a minimum—address price- Communities, about how this provision might need to survive in the modern world. gouging that occurred in the wake of Katrina, affect former military bases. As he writes in a I also don’t agree with critics of this bill who this bill’s price-gouging provisions are weak. letter on behalf of the ADC, ‘‘Shifting the re- call it a give-away to the energy industry. They give the Federal Trade Commission sponsibility to the federal government for plan- When the refining industry has historically (FTC) authority to pursue price gouging by ning how closed military installation will be re- low returns and lots of pollution control invest- sellers of gasoline or diesel fuel only in those used would interfere with the time-tested ap- ments to make, there is not much we can do areas where a natural disaster has occurred. proach developed over the past two decades. to force them to expand capacity. And the provisions are directed at small gas The conversion of military property to civilian I am particularly grateful to Chairman BAR- station owners rather than at refiners, when uses is the responsibility of the community. TON for eliminating the New Source Review re- recent studies show that refineries’ prices Communities must be in charge when plan- form provisions in the committee-passed have increased 255 percent—as compared to ning for life after closure.’’ version of the bill. an increase of retailers’ margin of about 5 per- I realize that the rule as adopted today im- That language had the potential to hinder cent. proved the bill language slightly to give com- our efforts to improve air quality in Houston. The bill also includes subsidies for oil com- munities more voice in the proposed process. My constituents are extremely concerned panies if a refinery is delayed because of liti- But the essence of the bill language is the with air pollution in our district, and we are gation, even if the litigation results from the oil same. Again, this provision is a solution in working on solutions with the help of both in- company violating the law. We shouldn’t be search of a problem. There is nothing in the dustry and residents. using taxpayer dollars to help profitable oil BRAC statute or in new DoD regulations that The elimination of this provision greatly im- companies evade local, state, and federal prevents a local community, through its rede- proves this bill and ensures that it will do no laws and regulations. velopment authority, from building or permit- environmental harm to the Houston area, More problematic, the bill claims to solve a ting an oil refinery on a military base. which has long struggled to contain air pollu- problem that doesn’t exist. The Republicans And then there are the things the bill would tion and smog. would have us believe that environmental per- not do. It fails on the ‘‘demand side’’ by not in- The courts and the EPA are working to re- mit requirements are to blame for the fact that creasing vehicle fuel economy standards, form New Source Review, a highly complex no new refineries have been built since 1976. which have been frozen since 1996. Raising and controversial program, and it is wise for In fact, the only refinery that industry has at- CAFE standards is the single biggest step we Congress to let them address this issue. tempted to build since 1976—a facility in Ari- can take to reduce oil consumption, since For my part, I am thankful for the Chairman zona—received its permit in just nine months. about half of the oil used in the U.S. goes into accepting my amendment to respond to the The truth is that over the last ten years, 30 ex- the gas tanks of our passenger vehicles.

VerDate Aug 31 2005 05:13 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\A07OC7.052 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8775 I support legislation that would actually help cent, the Republican solution is to offer sub- bill does not provide any additional penalties lower gas prices. sidies to a profitable industry, to rollback envi- for those who engage in price gouging, and I support the substitute introduced by Rep- ronmental regulations, and to increase gaso- does not direct penalties collected back to resentative BART STUPAK that gives explicit au- line and home heating prices to Americans. consumers. Further, the bill does not event thority to the FTC to define, for the first time, This bill is anti-consumer and anti-environ- mention market manipulation or price trans- price gouging—not just for gasoline and die- ment. The American people need real relief at parency. sel, but for natural gas, home heating oil, and the gas pump and with their heating bills. In contrast, the Stupak/Boucher substitute propane. And the provisions are directed at Democrats support an energy policy that helps list factors that the FTC must use when defin- the entire chain of gasoline production and Americans by stopping price gouging and in- ing price gouging. It also applies to all crude distribution, including refineries. The substitute creasing refinery capacity to keep gas and and refined petroleum products including pro- also authorizes new civil penalties of up to home heating prices low. The bill before us pane and Natural Gas. The substitute also three times the amount of unjust profits gained today will do nothing to lower gas prices at the strengthens enforcement against those who by companies who engage in price gouging. pump or lower home heating costs. price gouge by providing new civil penalties The substitute would also increase our na- If the alternative offered by my Michigan col- with up to triple damages of the profits gained tion’s refinery capacity by establishing a fed- league, Representative BART STUPAK is ac- by the violation. In addition, it directs penalties eral Strategic Refinery Reserve, patterned cepted, we would have a strong energy bill. collected from price gougers to go towards after the Strategic Petroleum Reserve, with The Stupak substitute gives the Federal Trade LIHEAP. Further, it provides the FTC with au- capacity equal to 5 percent of the total U.S. Commission new powers to prohibit price thority to stop market manipulation and pro- demand for gasoline, home heating oil and gouging for gasoline, diesel, natural gas, vide information on price transparency. Finally, other refined petroleum products. home heating oil, and propane. The substitute the bill builds on the proven success of the Hurricanes Katrina and Rita did highlight a also creates a new Strategic Refinery Reserve Strategic Petroleum Reserve by requiring the serious problem this country faces—our ex- that would give our country the ability to Federal Government to operate Strategic Re- cessive reliance on fossil fuels. But the solu- produce refined oil products during extreme finery Reserve to ensure adequate supply of tion isn’t to give still more incentives to oil and energy situations. This approach is more fa- refined products in emergency situations. Most gas companies to drill. Instead, we should act vorable and will help Americans at this most importantly, the bill maintains environmental to wean our nation from its dependence on difficult time. standards. fossil fuels, especially foreign oil. The Repub- The underlying legislation is a bad deal for Before closing let me take a few moments lican leadership claims this bill will help us re- America. I urge my colleagues to join me in to mention my amendment that was adopted duce our dependence on foreign oil by stimu- voting against passage of the energy bill. by voice vote during the Full Committee Mark- lating domestic development and production. Ms. JACKSON-LEE of Texas. Mr. Speaker, up. I appreciate Chairman BARTON’s willing- Yet with only 3% of the world’s known oil re- it goes with out saying that we are facing a ness to work with me on this issue. In es- serves, we are not in a position to solve our serious energy crisis in this country. Since the sence, the provision would authorize and di- energy vulnerability by drilling at home. beginning of the year, crude oil prices have rect the Secretary of Energy to establish a Our excessive dependence on fossil energy been continuously escalating, and most re- program at Historically Black Universities, His- is a pressing matter of national security. We cently have exceeded $70 dollars a barrel. panic serving institutions, and community col- have an energy security crisis. We need to Many factors, ranging from the war in Iraq, to leges to encourage minority students to study think anew to devise an energy security strat- increased demand from China and India have the earth and other sciences and enter the egy that will give future generations of Ameri- caused the spike in prices. While the factors field of geology in order to qualify for employ- cans an economy less dependent on oil and may vary, the results are constant. Many ment in the oil, gas, and mineral industries. As fossil fuels. Americans are suffering from the high cost of we continue to deal with the energy crises we Unfortunately, this bill does not even begin gasoline which has exceeded $3 dollars a gal- are facing, we need qualified individuals in the to address this problem. For that reason, I lon in some areas. In addition, as winter ap- fields who can assist with providing new infor- cannot vote for it. proaches the price of natural gas is also ex- mation as to the location of reserves. As we Ms. KILPATRICK of Michigan. Mr. Speaker, pected to be exceedingly high which will fur- are all aware, there has been a great deal of the spike in gasoline prices after hurricanes ther increase the burden Americans, particu- talk about where the next source of oil will Katrina and Rita has drawn national attention larly those who fall into low income brackets, come from that will sustain this country. If we to domestic energy supplies, as well as fuel will have to shoulder as they figure out how to do not encourage individuals to study the efficiency standards. Instead of the Bush Ad- pay for gas to get to work and electricity to earth sciences we may never find this coun- ministration and the Republican Congress of- heat their homes. try’s next source of oil. Geology is more than fering a bill reducing gas prices, home heating Unfortunately, Hurricane Katrina and Rita the study of rocks; it has become the corner prices, declare our Nation’s energy independ- did not help the situation. With their dev- stone of this country’s oil supply. ence, protect the environment, and put funds astating power, Katrina caused U.S. oil and Today, HBCU’s remain one of the surest into increasing energy research and develop- refinery operations in the Gulf of Mexico to ways for an African American, or student of ment, this Republican Congress promotes a shut down an estimated 1 million barrels of re- any race, to receive a high quality education. bill that includes massive subsidies to oil com- fining capacity. With Louisiana and Mississippi Seven of the top eleven producers of African panies at the expense of Americans. being such a crucial part of the U.S. energy American baccalaureates in engineering were Hurricanes Katrina and Rita devastated infrastructure, these interruptions played a vital HBCU’s, including #1 North Carolina A&T much of the energy infrastructure in the Gulf role in spiking prices. Both hurricane Katrina State University. The top three producers of of Mexico. The region contains 47 percent of and Rita should serve as flashing light that we African American baccalaureates in health the Nation’s oil refining capacity, and 19 per- need more refineries in this country. While this professions (#1 Southern University and A&M cent of the Nation’s natural gas production. may be the case, we as policy makers must College, #2 Florida A&M University and #3 Immediately after Hurricane Katrina the na- go about it in smart way that gives us the ca- Howard University) were HBCU’s. The twelve tional average price for gasoline increased 46 pacity we need, but also does not jeopardize top producers of African American bacca- cents to $3.07 per gallon. the environment and health of the American laureates in the physical sciences, including Home heating costs, including home heating people. This means ensuring that we have #1 Xavier University of Louisiana, were all oil, natural gas and electricity are predicted to sound environmental laws that protect, but not HBCU’s. While, Hispanic Serving Institutions increase 50–90 percent over last year’s prices. restrict development. While I realize this can (HIS’s) have also produced great leaders in Since 2001, home heating oil costs have near- be difficult to achieve at first sight, I believe this country, according to the Hispanic Asso- ly tripled, and natural gas costs have more this goal can be achieved if party lines are ciation of Colleges and Universities Hispanics than doubled, nearing crisis levels for home- dropped and the needs and concerns of the are historically underrepresented in the areas owners and Americans on a fixed and low in- American people are put first. I hope this will of science, technology, engineering and math- come. be the course followed as we move through ematics. HIS’s receive only half the federal President Bush recently gave a speech call- conference. funding per student, on average, accorded to ing on consumers to conserve gasoline and While I am pleased that the New Standard every other degree-granting institution. This other fuels. I have yet to hear the President Review provision has been removed from the provision would seek to encourage all minori- urge oil, coal, utility, and energy companies to Barton bill, it is still not perfect. For example ties to study the earth sciences and geology to reduce their costs. During a time oil and refin- it does not list factors that the FTC must use better equip them for jobs in the oil and gas ery company profits are more than 200 per- when defining price gouging. In addition, the and minerals industries.

VerDate Aug 31 2005 08:23 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\A07OC7.055 H07OCPT1 H8776 CONGRESSIONAL RECORD — HOUSE October 7, 2005 Mr. MORAN of Virginia. Mr. Speaker, I rise In fact, this rule blocks us from even consid- new oil refineries have opened in the United in opposition to this rule and this legislation. ering what is clearly one greatest opportunities States in almost 30 years. Additionally, just This legislation is a corruption of special en- to reduce the country’s dependence of im- under half our refinery capacity or 47 percent ergy interests, it displays an abject disregard ported oil. is concentrated in the Gulf of Mexico. If every for human health and the environment, and it My colleagues Representatives BOEHLERT refinery is operating at full capacity, 17 million fails completely to find consensus to address and MARKEY had an amendment that this rule barrels per day are refined, however, demand the impending energy crisis. does not allow us to consider that would re- averages at 21 million barrels a day. The leg- Today, we have the opportunity to lead and quire auto manufacturers to improve the fuel islation before the House today, H.R. 3893, help the people of this country in a genuine efficiency of their automobiles by raising the the Gasoline for America’s Security Act of and lasting manner. Corporate Fuel Economy Standards (CAFE) 2005, attempts to increase refining capacity Instead, we are turning our back on the for SUVs and minivans. through provisions to encourage new refinery people and are catering to the self-interests of Had the current President’s father adopted construction and streamline the regulatory the highest bidders. tougher CAFE standards, put us on a gradual path to build new refineries, among other pro- History will not look favorably on the actions path to 27 miles per gallon for light trucks and visions. of this administration and this Congress. 34 gallons for cars, we would have displaced Mr. Speaker, I am giving the benefit of the Confirmation of this criticism is contained in all oil we import from the Persian Gulf today. doubt to Chairman BARTON and the Energy today’s rule. Of course we would still be importing oil and Commerce Committee on this bill and I The rule corrects an overreach by some from the Persian Gulf, but our economy and will vote for it, albeit reluctantly, to help move within the oil and gas and electric utility indus- our transportation sector and today’s auto the process forward. But I believe we need tries. manufacturers would not be reeling from the more debate, especially on the issue of mak- It seems the majority could not muster the consequences of $60 barrels of oil and $3.00 ing certain we maintain strong environmental votes to perpetrate a complete gutting of the gallons of gasoline. protections for clean air and water and endan- Clean Air Act’s New Source Review provi- We are an oil-based economy, with about gered species when siting refineries, and I am sions. 60 percent of our oil imported from abroad. hopeful that the House can negotiate with the Under the pretext of lowering the cost of While coal, uranium and some renewable Senate to come up with a more balanced bill. building new refineries by waiving certain envi- sources such as wind and hydro comprise a I am glad to see that the provisions modifying ronmental laws designed to protect the public, majority of the fuel used to generate elec- the New Source Review Program and the a few bad electric utilities operators tried to tricity, most of our economy is dependent or New Source Performance Standards Pro- hitch a ride and enact what they have been exclusively reliant on oil, from fertilizers for ag- grams, which would reduce protections trying for years to achieve: enable their older riculture, plastics for manufacturing to gasoline against pollutants, were removed from the coal-fired power plants to operate without add- and diesel for transportation. final version of the bill. ing modern emission controls to reduce harm- You would think that, in light of world events I also am pleased that the bill authorizes the ful emissions. and the vulnerabilities Hurricane Katrina and president to have a refinery permitted, con- Given the refinery industry’s high profits and Rita illuminated, we would have a different bill. structed and operated for the sole consump- cash reserves, I find it hard to believe that we World oil supplies have tightened, the price of tion of the United States Armed Forces. It is need to endanger the public’s health to in- oil has shot up to over $60 a barrel and many absolutely necessary that we do everything crease refinery capacity, but why should elec- of our foreign sources of oil, the Middle East, possible to ensure that our ability to defend tric utilities be granted the same exemption in particular, but Africa and Venezuela as well, our citizens is inhibited by a simple lack of oil from the New Source Review provisions? have grown even less stable. and refined gas. Despite the full support of the Bush adminis- This bill, while better than what was ap- If our nation ever hopes to reduce its de- tration, the utility companies’ goals have been proved by the Energy and Commerce last pendence on imported oil, we also must in- blocked by the courts and enforcement actions week, is woefully deficient and heads our crease automobile fuel economy standards. I by the Justice Department which has contin- country in the wrong direction. It rushes us was very disappointed that the Rules Com- ued to uphold the law and prosecute violators. closer to the day oil shortages occur and sets mittee failed to make in order an amendment The bill approved by the Energy and Com- us backward on our ability to address it. to H.R. 3893 to increase Corporate Average merce Committee would have enabled refin- Oppose today’s rule and oppose this bill. Fuel Economy (CAFE) standards. I enclose for eries and utilities making physical changes Mr. WOLF. Mr. Speaker, Hurricane Katrina the record a copy of the text of the letter I that do not increase emissions above a max- may not only have been one of the most de- signed with Representatives BOEHLERT, imum level the plant could have theoretically structive natural disasters in our nation’s his- SHAYS, GILCHREST and others to the Rules once emitted to be exempt from the New tory, the argument could be made that Katrina Committee. We must have fuel efficient auto- Source Review requirements. was the perfect storm in exposing our nation’s mobiles that do not waste gasoline. I support The late Senator John Chaffee, when vulnerabilities in supplying oil and gas to meet boosting CAFE standards for U.S. auto mak- crafting the New Source Review provisions, our energy needs. ers to 33 mpg over 10 years (by 2015), con- stated: There is absolutely no doubt that our coun- sistent with the findings of the National Acad- [O]lder plants are operating well below try must become energy independent. Today emy of Sciences, in order to save 10 percent their maximum capacity. To allow a refur- we rely on foreign sources of oil to supply 60 of the gasoline the nation would otherwise bished utility to emit at its old potential percent of our energy needs. We are at the consume by 2015. The current standard of levels could permit an almost twofold in- mercy of the Oil Producing Export Countries. crease in emissions. * * * So this amendment 27.5 miles per gallon has been in effect for could permit a powerplant, even one where Disruption in our energy supply—whether nearly two decades despite proven technology its emissions directly affected a national through OPEC polices to reduce production, that promises to stretch engine efficiency to park, for example, to refurbish or add a new disruption in domestic drilling and shipping much higher levels. I believe such a reason- boiler, to double its NO[x] and particulate caused by hurricanes, or limited refining ca- able approach is needed to put U.S. auto emissions, triple its SO2 emissions and cover pacity—energy security is a matter of national makers on notice that they must work to these SO2 emissions by purchasing allow- security. produce more fuel efficient vehicles. ances and never have to demonstrate what I understand the serious impact that rising I am also disappointed that, although the bill impact this would have on visibility or other fuel prices have on the everyday lives of peo- air quality standards. Similarly, a power- establishes a program to encourage the use of plant * * * could increase emissions in one of ple and the strength of our economy. It is an carpooling and vanpooling to save energy, these nonattainment areas and neither have issue which impacts everyone who drives or there is absolutely no mention of telework. to demonstrate air quality impacts nor be uses oil and every sector of our economy. We Ridesharing is important, but telework is the required to offset these increases of emis- must find ways to improve conservation of oil most efficient way to reduce gasoline con- sions as they are required to do under exist- resources, increase domestic production and sumption and reduce pollutants by taking com- ing law. oil refining capacity. Progress also needs to muters off the roads and allowing them to Beyond making it easier and cheaper to in- be made in developing alternative fuels as work at home or at a telework center close to crease refining capacity and to prosecute for well as making the machines we use more en- home. Allowing all eligible federal employees price gouging, what does this legislation do to ergy efficient. to telework is the law of the land. Why is wean our dependency from oil and from a The argument has been made that our na- telework not included in this bill? growing worldwide shortage in oil? tion’s ability to refine both imported and do- I also believe we must have tough penalties Nothing. mestic sources of oil is limited because no on price gouging. I am very concerned when

VerDate Aug 31 2005 05:13 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\A07OC7.059 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8777 I hear from my constituents who don’t under- Congressional leadership. Just last week, I re- try’s profits are breaking records. The Wash- stand how the price of gasoline at the pump ceived a letter from a constituent of mine, Paul ington Post reported last month that over the can jump 25 cents in one day or how the Perry of Dunn, North Carolina, a small busi- past year, refinery profit margins on a gallon same brand of gasoline can be selling at wide- nessman struggling to make ends meet. He of gasoline have increased over 255 percent. ly different prices at gas stations only a few wrote: ‘‘We just broke ground on a new brick Yet the bill could also put taxpayers on the miles apart. Then we hear the major oil com- plant and should be in operation by August of hook for unlimited damages if a refinery is panies reporting record profits while con- 2006. I just hope gas prices don’t break us be- stalled in litigation or must meet new regu- sumers deal with skyrocketing gas prices. fore we get the new plant in production.’’ The latory standards. The fact is that refineries are This is far from a perfect bill. In the wake of American people desperately need effective not being built in this country because the the perfect storm that Katrina brought to our new energy policies, but H.R. 3893 is simply companies do not want to build them for eco- nation, we need to take action to both in- more of the same failed giveaways to Big Oil. nomic reasons. crease our energy supply and to become The bill on the floor today is nothing more And this bill will undermine local control by more energy and fuel efficient. Congress has than a giveaway to big oil companies; and on forcing some communities with closed military an opportunity to craft a fair and balanced bill. top of this, it contains environmental rollbacks bases to accept refineries without having any I hope the legislation that is brought to the that the Administration has been unsuccess- input in the process. These communities will House after conference with the Senate is a fully pursuing for years for gas and coal fired not be able to develop sites for years even if bill that protects consumers, protects the envi- power plants. These provisions would relax the Federal Government does not ultimately ronment and moves our nation to energy effi- existing pollution controls on thousands of in- build refineries on them. ciency and is a final bill that I can support. dustrial facilities across the country in what I was at a roundtable with high tech leaders Hon. DAVID DREIER, one energy industry official even called the last weekend, and the one thing they talked Chairman, House Committee on Rules, most blatant attack on state and local environ- most about was energy. They emphasized the The Capitol, Washington, DC. mental authority that he’s ever seen. need for new alternative energy supplies and DEAR MR. CHAIRMAN: We are writing to This legislation would throw out provisions highlighted the role that new technologies can urge that the Rules Committee make in my state of North Carolina implemented when play in using energy more efficiently and gen- order Congressman Boehlert’s amendment to we passed our own clean smokestacks legis- erating it in new ways. Sadly, the Republican increase Corporate Average Fuel Economy bill will do nothing in this area. And one (CAFE) standards when it reports out a rule lation. This legislation would cap penalties lev- for the consideration of H.R. 3893, the ‘‘Gaso- ied against big oil companies and refineries amendment that would have led to real strides line for America’s Security Act of 2005.’’ caught price gouging to meager amounts at a in efficiency, the Boehlert-Markey amendment The amendment, a version of which has time when they are recording record profits. which would have increased fuel economy been made in order in each of the last three Finally, this bill would give tax breaks to those standards for cars and trucks to 33 miles per Energy Bill debates in the House, is germane same oil companies at a time of record budget gallon by 2015, was not even allowed by the to H.R. 3893. Indeed, it is difficult to see how deficits. Rules Committee. I am incredulous as to how the House could be seen to have a complete I urge my colleagues to vote against this we could be considering a bill that is sup- debate on the availability of gasoline with- bill, and to support the substitute that provides posed to address high gasoline prices and not out a discussion of fuel economy standards. In the wake of Hurricane Katrina and $3 per real provisions to crack down on price have a debate on increasing the efficiency gallon gasoline prices, more Americans are gouging. The substitute bill provides real help with which vehicles use fuel. Even the Presi- becoming aware of the need to address the to the American people. It punishes price dent is now advocating conservation, which demand, as well as the supply side of our gas- gougers, not just the gas stations but the refin- his own Vice President once claimed was a oline crisis—to protect their own family eries, the wholesalers, and any of the big oil virtue but not a policy. pocketbooks, as well as to enhance the na- companies if they are caught taking advantage That is why I oppose H.R. 3893 and support tion’s energy security. Indeed one recent poll of the American people. the Democratic substitute, which will provide found that 86 percent of Americans favor The substitute also creates a strategic refin- real enforcement against energy price gouging higher fuel economy standards, more than ing capacity for the country in times of a na- and establish a Strategic Refinery Reserve, the percentage favoring any other approach tional emergency, without jeopardizing the en- to the current energy pinch. At this time patterned on the successful Strategic Petro- when both the public and their representa- vironmental safeguards put in place by the leum Reserve, to protect against loss of refin- tives are becoming more open to toughening Congress to protect our air, water, land, and ery capacity. fuel economy standards, fairness dictates public health. Mr. CASTLE. Mr. Speaker, more than ever that a serious amendment on fuel economy Again, I urge my colleagues to support the in the wake of the recent hurricanes, Con- standards be part of the debate about how Democratic substitute. gress and the American people are focused the nation will ensure that gasoline remains Mr. HONDA. Mr. Speaker, I rise today to ex- on meeting our energy needs. Whether it’s the affordable and accessible. press my opposition to H.R. 3893. Hurricanes rise in gas prices at the pump or the anticipa- The transportation sector is the nation’s Katrina and Rita caused tremendous devasta- tion of expensive home heating bills this win- single largest consumer of oil, yet it is also tion along the Gulf coast, and I appreciate the the only sector of the economy that is less ter, all Americans are feeling the pinch. fuel efficient than it was 20 years ago. A de- need to address the suffering and destruction We have already signed into law an energy bate on gasoline needs to include measures that resulted. However, I am appalled at this bill that sought to expand domestic production that will address that fact, especially when effort by the Republican majority to exploit this of oil and other sources of energy, but we the National Academy of Sciences concluded national tragedy to weaken environmental, have done very little to reduce demand. Yet four years ago that the technology exists to public health, and consumer protections under again, we are considering a bill that will only accomplish fuel economy goals cost-effec- the guise of lower gasoline prices; and protect address the supply end of the equation. Even tively and safely. And the study did not even consumers from price-gouging on gasoline. if increasing refinery capacity were to posi- consider three important technologies that Sadly, the bill will accomplish none of these tively affect gasoline prices, as the The Gaso- automakers have since begun to introduce in things, while being loaded down with con- line for America’s Security Act of 2005 (H.R. the marketplace that can achieve even greater fuel economies: hybrid engine tech- troversial unrelated provisions. This is why it 3893) purports, it would do so at the expense nologies, clean diesel technologies and high- was opposed by every Democrat on the Com- of our environment and public health, and by strength, lightweight composites and steels. mittee on Energy and Commerce. trumping state law. The House needs and deserves to have a While claiming to protect consumers, this bill While I am pleased that the manager’s discrete debate on fuel economy, just as it actually weakens the Federal Trade Commis- amendment strikes changes to the ‘‘New has had during the debate on past energy sion’s authority to deal with price gouging, at Source Review’’ program, provisions remain bills. The issue must not get lost in disputes a time when we have seen gasoline prices that ill hurt taxpayers, pollute our environment, about other aspects of H.R. 3893, which deals rise at astronomical rates. It focuses all price supersede state law, and give unnecessary with a wide variety of legal and regulatory gouging efforts on mom-and-pop retailers, payments to the oil companies. This bill out- issues. We urge you to allow a clear, full and open debate on the single measure that rather than the big oil companies and refiners lines erroneous solutions to our current energy would do the most to reduce the U.S. demand who are actually reaping enormous profits. challenges, and ultimately fails to ‘‘secure’’ for oil. This bill limits the areas that can be inves- Americans from energy price surges. Sincerely, ——— tigated for price-gouging, and there is no real Whereas intended to respond to temporary Mr. ETHERIDGE. Mr. Speaker, I rise today enforcement authority to prosecute bad behav- refinery shortages caused by recent hurri- in opposition to H.R. 3893. ior. canes and to address high gasoline prices, the Our country is facing a painful energy crisis The bill gives new regulatory subsidies to bill weakens environmental laws and under- under the policies of this Administration and the refining industry at a time when that indus- mines states’ rights by limiting the kinds of

VerDate Aug 31 2005 08:49 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\CR\FM\A07OC7.077 H07OCPT1 H8778 CONGRESSIONAL RECORD — HOUSE October 7, 2005 cleaner fuels states can require to meet their the legislation is no way altered or dimin- Strike all after the enacting clause and in- clean air targets; federalizing many siting and ished. This waiver is further conditioned sert the following: upon the understanding between our Com- permitting decisions relating to refineries; lim- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. mittees that there are no provisions con- (a) SHORT TITLE.—This Act may be cited as iting the kinds of diesel fuel that can be re- tained in H.R. 3893 that could be construed or the ‘‘Federal Response to Energy Emer- quired and interfering with the low sulfur diesel interpreted to alter, modify, or to have any gencies Act of 2005’’. rule that was championed by the Bush Admin- effect on any laws or regulations pertaining istration; rewriting the permitting process for (b) TABLE OF CONTENTS.—The table of con- to any fuel additive, including ethanol and tents for this Act is as follows: refineries to limit environmental reviews with- MTBE. The Committee on the Judiciary also Sec. 1 Short title; table of contents. out any evidence that current processes are at reserves the right to seek appointment to any House-Senate conference on this legisla- TITLE I—PROTECTING CONSUMERS all a problem; and enabling cities with harmful FROM ENERGY PRICE GOUGING levels of ozone air pollutants to delay improv- tion. I would appreciate your including this letter in the Congressional Record during Sec. 101. Unconscionable pricing of gasoline, ing air quality. consideration of H.R. 3893 on the House floor. oil, natural gas, and petroleum Adoption of this bill would constitute a major Thank you for your attention to these mat- distillates during emergencies. setback for air quality across the nation. The ters. Sec. 102. Declaration of energy emergency. longterm costs for backtracking on important Sincerely, Sec. 103. Enforcement by the Federal Trade pollution measures will be far greater than the F. JAMES SENSENBRENNER, JR., Commission. short terms gains from this bill. Our states Chairman. Sec. 104. Enforcement at retail level by have worked aggressively to ensure that im- State attorneys general. Sec. 105. Low Income energy assistance. provements are made to air quality and it is HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, Sec. 106. Effect on other laws. our duty to support, not hinder, such efforts. Sec. 107. Market transparency for crude oil, Instead of only meeting our energy needs Washington, DC, October 4, 2005. Hon. F. JAMES SENSENBRENNER, JR., gasoline, and petroleum dis- by increasing supply, we need to continue to Chairman, Committee on the Judiciary, House tillates. improve conservation methods and our R&D of Representatives, Rayburn House Office Sec. 108. Report on United States energy efforts in renewable sources of energy like Building, Washington, DC. emergency preparedness. Sec. 109. Protective action to prevent future wind and solar power. And, we must take a DEAR CHAIRMAN SENSENBRENNER: I write in hard look at automotives, from creating addi- regards to H.R. 3893, Gasoline for America’s disruptions of supply. Sec. 110. Authorization of Appropriations. tional consumer incentives for domestic pro- Security Act of 2005. duction and purchase of efficient hybrid-elec- While the Committee on the Judiciary did TITLE II—ENSURING EMERGENCY SUP- PLY OF REFINED PETROLEUM PROD- tric vehicles to the possibility of increasing fuel not receive a referral of the bill upon intro- duction, I appreciate your willingness not to UCTS economy standards, so cars can go further on seek a referral on H.R. 3893. I agree that your Sec. 201. Refineries. a tank of gas. A diversified approach, based decision to forego action on the bill will not on a variety of resources, will truly save con- TITLE I—PROTECTING CONSUMERS FROM prejudice the Committee on the Judiciary ENERGY PRICE GOUGING sumers money at the pump and help to re- with respect to its jurisdictional preroga- SEC. 101. UNCONSCIONABLE PRICING OF GASO- duce our dependence on foreign oil. tives on this or future legislation. LINE, OIL, NATURAL GAS, AND PE- The legislation before us today can only hurt Further, knowing of your interest in the TROLEUM DISTILLATES DURING our states and our environment and I urge a debate surrounding fuel additive liability, EMERGENCIES. no vote on this legislation. nothing in H.R. 3893 should be construed or (a) UNCONSCIONABLE PRICING.— Mr. BARTON of Texas. Mr. Speaker, I sub- interpreted to alter, modify, or to have any (1) IN GENERAL.—During any energy emer- mit the following exchange of letters for the effect on any laws or regulations pertaining gency declared by the President under sec- to any additive, including ethanol and tion 102, it is unlawful for any person to sell RECORD. MTBE. crude oil, gasoline, natural gas, or petroleum HOUSE OF REPRESENTATIVES, I will include our exchange of letters in the distillates in, or for use in, the area to which COMMITTEE ON THE JUDICIARY, Committee’s report on H.R. 3893, and I look Washington, DC, October 5, 2005. that declaration applies at a price that— forward to working with you as we prepare (A) is unconscionably excessive; or Hon. JOE BARTON, to pass this important energy legislation for Chairman, Committee on Energy and Commerce, (B) indicates the seller is taking unfair ad- the American people. vantage of the circumstances to increase U.S. House of Representatives, Washington, Sincerely, DC. prices unreasonably. JOE BARTON, DEAR CHAIRMAN BARTON: On September 28, (2) FACTORS CONSIDERED.—In determining Chairman. 2005, the Committee on Energy and Com- whether a violation of paragraph (1) has oc- merce ordered reported H.R. 3893, the ‘‘Gaso- Mr. HALL. Mr. Speaker, I yield back curred, there shall be taken into account, line for America’s Security Act of 2005.’’ In the balance of my time. among other factors, whether— recognition of the desire to expedite floor The SPEAKER pro tempore. All time (A) the amount charged represents a gross consideration of H.R. 3893, the Committee on for debate on the bill has expired. disparity between the price of the crude oil, the Judiciary hereby waives any consider- gasoline, natural gas, or petroleum distillate ation of the bill. f sold and the price at which it was offered for Several sections of H.R. 3893 contain mat- sale in the usual course of the seller’s busi- FURTHER MESSAGE FROM THE ness immediately prior to the energy emer- ters within the Committee on the Judi- SENATE ciary’s rule X jurisdiction. A summary of gency; or principal provisions within the Committee A further message from the Senate (B) the amount charged grossly exceeds the on the Judiciary’s jurisdiction follows. by Ms. Curtis, one of its clerks, an- price at which the same or similar crude oil, Section 102(e) grants original and exclusive nounced that the Senate agrees to the gasoline, natural gas, or petroleum distillate was readily obtainable by other purchasers Federal court jurisdiction to adjudicate civil report of the committee of conference actions filed under this section. Section in the area to which the declaration applies. 202(e) grants original and exclusive Federal on the disagreeing votes of the two (3) MITIGATING FACTORS.—In determining court jurisdiction to adjudicate civil actions Houses on the amendment of the Sen- whether a violation of paragraph (1) has oc- filed under this section. These matters fall ate to the bill (H.R. 2360) ‘‘An Act mak- curred, there also shall be taken into ac- within the Committee on the Judiciary’s ju- ing appropriations for the Department count, among other factors, whether the risdiction under rule X(1)(l)(1) (‘‘The judici- of Homeland Security for the fiscal price at which the crude oil, gasoline, nat- ary and judicial proceedings, civil and crimi- year ending September 30, 2006, and for ural gas, or petroleum distillate was sold nal’’). other purposes.’’. reasonably reflects additional costs, not Section 605(f) grants members of the ‘‘Com- within the control of the seller, that were mission for the Deployment of the Hydrogen AMENDMENT IN THE NATURE OF A SUBSTITUTE paid or incurred by the seller. Economy,’’ as creted under Title VI of the OFFERED BY MR. STUPAK (b) FALSE PRICING INFORMATION.—It is un- bill, the authority to issue subpoenas with- Mr. STUPAK. Mr. Speaker, I offer an lawful for any person to report information out requesting the assistance of the Attor- amendment in the nature of a sub- related to the wholesale price of crude oil, ney General. This matter falls within the stitute. gasoline, natural gas, or petroleum dis- Committee on the Judiciary’s jurisdiction The Clerk will designate the amend- tillates to the Federal Trade Commission under rule X(1)(l)(1) (‘‘The judiciary and judi- ment in the nature of a substitute. if— cial proceedings, civil and criminal’’). (1) that person knew, or reasonably should The Committee on the Judiciary agrees to The text of the amendment in the na- have known, the information to be false or waive any formal consideration of the bill ture of a substitute is as follows: misleading; with the understanding that its jurisdiction Amendment in the nature of a substitute (2) the information was required by law to over these and other provisions contained in offered by Mr. STUPAK: be reported; and

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.081 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8779 (3) the person intended the false or mis- or 101(c) shall be subject to a civil penalty of any violation of this title alleged in the com- leading data to affect data compiled by that not more than $1,000,000. plaint. department or agency for statistical or ana- (2) METHOD OF ASSESSMENT.—The penalties (g) ENFORCEMENT OF STATE LAW.—Nothing lytical purposes with respect to the market provided by paragraph (1) shall be assessed in contained in this section shall prohibit an for crude oil, gasoline, natural gas, or petro- the same manner as civil penalties imposed authorized State official from proceeding in leum distillates. under section 5 of the Federal Trade Com- State court to enforce a civil or criminal (c) MARKET MANIPULATION.—It is unlawful mission Act (15 U.S.C. 45). statute of such State. for any person, directly or indirectly, to use (3) MULTIPLE OFFENSES; MITIGATING FAC- SEC. 105. LOW INCOME ENERGY ASSISTANCE. or employ, in connection with the purchase TORS.—In assessing the penalty provided by Amounts collected in fines and penalties or sale of crude oil, gasoline, natural gas, or subsection (a)— under sections 103 of this title shall be depos- petroleum distillates at wholesale, any ma- (A) each day of a continuing violation shall ited in a separate fund in the treasury to be nipulative or deceptive device or contriv- be considered a separate violation; and known as the Consumer Relief Trust Fund. ance, in contravention of such rules and reg- (B) the Federal Trade Commission shall To the extent provided for in advance in ap- ulations as the Federal Trade Commission take into consideration the seriousness of propriations Acts, such fund shall be used to may prescribe as necessary or appropriate in the violation and the efforts of the person provide assistance under the Low Income the public interest or for the protection of committing the violation to remedy the Home Energy Assistance Program estab- United States citizens. harm caused by the violation in a timely lished under title XXVI of the Omnibus (d) RULEMAKING.—Not later than 180 days manner. Budget Reconciliation Act of 1981 (42 U.S.C. after the date of the enactment of this title, SEC. 104. ENFORCEMENT AT RETAIL LEVEL BY 8621 et seq.). the Federal Trade Commission shall promul- STATE ATTORNEYS GENERAL. SEC. 106. EFFECT ON OTHER LAWS. gate rules necessary and appropriate to en- (a) IN GENERAL.—A State, as parens (a) OTHER AUTHORITY OF FEDERAL TRADE force this section. patriae, may bring a civil action on behalf of COMMISSION.—Nothing in this title shall be SEC. 102. DECLARATION OF ENERGY EMER- its residents in an appropriate district court construed to limit or affect in any way the GENCY. of the United States to enforce the provi- Federal Trade Commission’s authority to (a) IN GENERAL.—If the President finds sions of section 101(a) of this title, or to im- bring enforcement actions or take any other that the health, safety, welfare, or economic pose the civil penalties authorized by section measure under the Federal Trade Commis- well-being of the citizens of the United 103(b)(1)(B), whenever the attorney general of sion Act (15 U.S.C. 41 et seq.) or any other States is at risk because of a shortage or im- the State has reason to believe that the in- provision of law. minent shortage of adequate supplies of terests of the residents of the State have (b) STATE LAW.—Nothing in this title pre- crude oil, gasoline, natural gas, or petroleum been or are being threatened or adversely af- empts any State law. distillates due to a disruption of the national fected by a violation of this title or a regula- SEC. 107. MARKET TRANSPARENCY FOR CRUDE distribution system for crude oil, gasoline, tion under this title. OIL, GASOLINE, AND PETROLEUM natural gas, or petroleum distillates (includ- (b) NOTICE.—The State shall serve written DISTILLATES. ing such a shortage related to a major dis- notice to the Federal Trade Commission of (a) IN GENERAL.—The Federal Trade Com- aster (as defined in section 102(2) of the Rob- any civil action under subsection (a) prior to mission shall facilitate price transparency in ert T. Stafford Disaster Relief and Emer- initiating such civil action. The notice shall markets for the sale of crude oil and essen- gency Assistance Act (42 U.S.C. 5122))), or include a copy of the complaint to be filed to tial petroleum products at wholesale, having significant pricing anomalies in national or initiate such civil action, except that if it is due regard for the public interest, the integ- regional energy markets for crude oil, gaso- not feasible for the State to provide such rity of those markets, fair competition, and line, natural gas, or petroleum distillates of prior notice, the State shall provide such no- the protection of consumers. a more than transient nature, the President tice immediately upon instituting such civil (b) MARKETPLACE TRANSPARENCY.— may declare that a Federal energy emer- action. (1) DISSEMINATION OF INFORMATION.—In car- gency exists. (c) AUTHORITY TO INTERVENE.—Upon receiv- rying out this section, the Federal Trade (b) SCOPE AND DURATION.—The declaration ing the notice required by subsection (b), the Commission shall provide by rule for the dis- shall apply to the Nation, a geographical re- Federal Trade Commission may intervene in semination, on a timely basis, of information gion, or 1 or more States, as determined by such civil action and upon intervening— about the availability and prices of whole- the President, but may not be in effect for a (1) be heard on all matters arising in such sale crude oil, gasoline, and petroleum dis- period of more than 45 days. civil action; and tillates to the Federal Trade Commission, (c) EXTENSIONS.—The President may— (2) file petitions for appeal of a decision in States, wholesale buyers and sellers, and the (1) extend a declaration under subsection such civil action. public. (a) for a period of not more than 45 days; and (d) CONSTRUCTION.—For purposes of bring- (2) PROTECTION OF PUBLIC FROM ANTI- (2) extend such a declaration more than ing any civil action under subsection (a), COMPETITIVE ACTIVITY.—In determining the once. nothing in this section shall prevent the at- information to be made available under this SEC. 103. ENFORCEMENT BY THE FEDERAL torney general of a State from exercising the section and time to make the information TRADE COMMISSION. powers conferred on the attorney general by available, the Federal Trade Commission (a) ENFORCEMENT BY FTC.—A violation of the laws of such State to conduct investiga- shall seek to ensure that consumers and section 101 shall be treated as a violation of tions or to administer oaths or affirmations competitive markets are protected from the a rule defining an unfair or deceptive act or or to compel the attendance of witnesses or adverse effects of potential collusion or practice prescribed under section 18(a)(1)(B) the production of documentary and other other anticompetitive behaviors that can be of the Federal Trade Commission Act (15 evidence. facilitated by untimely public disclosure of U.S.C. 57a(a)(1)(B)). The Federal Trade Com- (e) VENUE; SERVICE OF PROCESS.—In a civil transaction-specific information. mission shall enforce this title in the same action brought under subsection (a)— (3) PROTECTION OF MARKET MECHANISMS.— manner, by the same means, and with the (1) the venue shall be a judicial district in The Federal Trade Commission shall with- same jurisdiction as though all applicable which— hold from public disclosure under this sec- terms and provisions of the Federal Trade (A) the defendant operates; tion any information the Commission deter- Commission Act were incorporated into and (B) the defendant was authorized to do mines would, if disclosed, be detrimental to made a part of this title. In enforcing section business; or the operation of an effective market or jeop- 101(a) of this title, the Commission shall give (C) where the defendant in the civil action ardize system security. priority to enforcement actions concerning is found; (c) INFORMATION SOURCES.— companies with total United States whole- (2) process may be served without regard to (1) IN GENERAL.—In carrying out subsection sale or retail sales of crude oil, gasoline, and the territorial limits of the district or of the (b), the Federal Trade Commission may— petroleum distillates in excess of $500,000,000 State in which the civil action is instituted; (A) obtain information from any market per year. and participant; and (b) CIVIL PENALTIES.— (3) a person who participated with the de- (B) rely on entities other than the Com- (1) IN GENERAL.—Notwithstanding the pen- fendant in an alleged violation that is being mission to receive and make public the in- alties set forth under the Federal Trade litigated in the civil action may be joined in formation, subject to the disclosure rules in Commission Act, any person who violates the civil action without regard to the resi- subsection (b)(3). section 101 shall be subject to the following dence of the person. (2) PUBLISHED DATA.—In carrying out this penalties: (f) LIMITATION ON STATE ACTION WHILE section, the Federal Trade Commission shall (A) PRICE GOUGING; UNJUST PROFITS.—Any FEDERAL ACTION IS PENDING.—If the Federal consider the degree of price transparency person who violates section 101(a) shall be Trade Commission has instituted a civil ac- provided by existing price publishers and subject to— tion or an administrative action for viola- providers of trade processing services, and (i) a fine of not more than 3 times the tion of this title, no State attorney general, shall rely on such publishers and services to amount of profits gained by such person or official or agency of a State, may bring an the maximum extent possible. through such violation; or action under this subsection during the (3) ELECTRONIC INFORMATION SYSTEMS.—The (ii) a fine of not more than $3,000,000. pendency of that action against any defend- Federal Trade Commission may establish an (B) FALSE INFORMATION; MARKET MANIPULA- ant named in the complaint of the Federal electronic information system if it deter- TION.—Any person who violates section 101(b) Trade Commission or the other agency for mines that existing price publications are

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.062 H07OCPT1 H8780 CONGRESSIONAL RECORD — HOUSE October 7, 2005 not adequately providing price discovery or TITLE II—REFINERIES with Federal or State environmental or market transparency. Nothing in this sec- SEC. 201. REFINERIES. other law. tion, however, shall affect any electronic in- Title I of the Energy Policy and Conserva- ‘‘SEC. 192. REFINERY CLOSING REPORTS. formation filing requirements in effect under tion Act is amended by adding at the end the ‘‘(a) CLOSING REPORTS.—The owner or oper- this title as of the date of enactment of this following new part: ator of a refinery in the United States shall section. ‘‘PART E—REFINERIES notify the Secretary at least 6 months in ad- (4) DE MINIMUS EXCEPTION.—The Federal vance of permanently closing the refinery, Trade Commission may not require entities ‘‘SEC. 191. STRATEGIC REFINERY RESERVE. and shall include in such notice an expla- who have a de minimus market presence to ‘‘(a) ESTABLISHMENT.—The Secretary shall nation of the reasons for the proposed clos- comply with the reporting requirements of establish and operate a Strategic Refinery ing. this section. Reserve in the United States. The Secretary ‘‘(b) REPORTS TO CONGRESS.—The Sec- (d) COOPERATION WITH OTHER FEDERAL may design and construct new refineries, or retary, in consultation with the Federal AGENCIES.— acquire closed refineries and reopen them, to Trade Commission, shall promptly report to (1) MEMORANDUM OF UNDERSTANDING.— carry out this section. the Congress any report received under sub- Within 180 days after the date of enactment ‘‘(b) OPERATION.—The Secretary shall oper- section (a), along with an analysis of the ef- of this title, the Federal Trade Commission ate refineries in the Strategic Refinery Re- fects the proposed closing would have on pe- shall conclude a memorandum of under- serve for the following purposes: troleum product prices, competition in the standing with the Commodity Futures Trad- ‘‘(1) During any period described in sub- refining industry, the national economy, re- ing Commission and other appropriate agen- section (c), to provide petroleum products to gional economies and regional supplies of re- cies (if applicable) relating to information the general public. fined petroleum products, and United States sharing, which shall include provisions— ‘‘(2) To provide petroleum products to the energy security.’’. (A) ensuring that information requests to Federal Government, including the Depart- The SPEAKER pro tempore. Pursu- ment of Defense, as well as State govern- markets within the respective jurisdiction of ant to House Resolution 481, the gen- each agency are properly coordinated to ments and political subdivisions thereof who minimize duplicative information requests; choose to purchase refined petroleum prod- tleman from Michigan (Mr. STUPAK) and ucts from the Strategic Refinery Reserve. and the gentleman from Texas (Mr. (B) regarding the treatment of proprietary ‘‘(c) EMERGENCY PERIODS.—The Secretary BARTON) each will control 20 minutes. trading information. shall make petroleum products from the The Chair recognizes the gentleman (2) CFTC JURISDICTION.—Nothing in this Strategic Refinery Reserve available under from Michigan (Mr. STUPAK). section may be construed to limit or affect subsection (b)(1) only— Mr. STUPAK. Mr. Speaker, I yield the exclusive jurisdiction of the Commodity ‘‘(1) during a severe energy supply inter- myself such time as I may consume. Futures Trading Commission under the Com- ruption, within the meaning of such term Mr. Speaker, I urge every member to modity Exchange Act (7 U.S.C. 1 et seq.). under part B; or support this amendment which pro- (e) RULEMAKING.—Within 180 days after the ‘‘(2) if the President determines that there vides meaningful relief for our Nation date of enactment of this title, the Federal is a regional petroleum product supply short- Trade Commission shall initiate a rule- age of significant scope and duration and that is facing record gas prices. This making proceeding to establish such rules as that action taken under subsection (b)(1) amendment has support of the Minor- the Commission determines to be necessary would assist directly and significantly in re- ity Leader PELOSI as well as the rank- and appropriate to carry out this section. ducing the adverse impact of such shortage. ing member of the Energy and Com- SEC. 108. REPORT ON UNITED STATES ENERGY ‘‘(d) LOCATIONS.—In determining the loca- merce Committee, Congressman DIN- EMERGENCY PREPAREDNESS. tion of a refinery for the Strategic Refinery GELL. I would like to commend them (a) POTENTIAL IMPACTS REPORT.—Within 30 Reserve, the Secretary shall take into ac- for their support on this important ini- days after the date of enactment of this count the following factors: title, the Federal Trade Commission shall tiative. ‘‘(1) Impact on the local community (deter- I would also like to thank the gen- transmit to the Congress a confidential re- mined after requesting and receiving com- port describing the potential impact on do- ments from State, county or parish, and mu- tleman from Virginia (Mr. BOUCHER) mestic prices of crude oil, residual fuel oil, nicipal governments, and the public). for his hard work on the refinery por- and refined petroleum products that would ‘‘(2) Regional vulnerability to a natural tions of this amendment. The results of result from the disruption for periods of 1 disaster. our efforts have produced a quality week, 1 year, and 5 years, respectively, of not ‘‘(3) Regional vulnerability to terrorist at- product that will benefit all Ameri- less than— tacks. (1) 30 percent of United States oil produc- cans. ‘‘(4) Proximity to the Strategic Petroleum tion; I would also like to recognize Con- Reserve. (2) 20 percent of United States refinery ca- gressmen BISHOP, BARROW and ‘‘(5) Accessibility to energy infrastructure. pacity; and ETHERIDGE and Congresswomen ‘‘(6) The need to minimize adverse public (3) 5 percent of global oil supplies. HERSETH and SCHWARTZ for their val- health and environmental impacts. (b) PROJECTIONS AND POSSIBLE REMEDIES.— ued input on this legislation. The President shall include in the report— ‘‘(7) The energy needs of the Federal Gov- ernment, including the Department of De- Even before the devastation caused (1) projections of the impact any such dis- by Hurricane Katrina, skyrocketing oil ruptions would be likely to have on the fense. United States economy; and ‘‘(e) INCREASED CAPACITY.—The Secretary and gasoline prices were taxing Amer- (2) detailed and prioritized recommenda- shall ensure that refineries in the Strategic ican families and burdening our Na- tions for remedies under each scenario cov- Refinery Reserve are designed to enable a tion’s economy, with notable excep- ered by the report. rapid increase in production capacity during tions of the oil and gas industry which periods described in subsection (c). SEC. 109. PROTECTIVE ACTION TO PREVENT FU- continued to rack up record profits. ‘‘(f) IMPLEMENTATION PLAN.—Not later than TURE DISRUPTIONS OF SUPPLY. Following Katrina, gas prices in The Secretary of Energy and the Energy 6 months after the date of enactment of this section, the Secretary shall transmit to the some States reached $6 per gallon, Information Administration shall review ex- deepening suspicion of the oil industry penditures by, and activities undertaken by, Congress a plan for the establishment and companies with total United States whole- operation of the Strategic Refinery Reserve profiteering. Our amendment would en- sale or retail sales of crude oil, gasoline, and under this section. Such plan shall provide sure that the President has the tools petroleum distillates in excess of $500,000,000 for establishing, within 2 years after the date needed to adequately respond to any per year to protect the energy supply system of enactment of this section, and maintain- energy emergency and prohibits price from terrorist attacks, international supply ing a capacity for the Reserve equal to 5 per- gouging on all petroleum products with disruptions, and natural disasters, and en- cent of the total United States daily demand a priority on refineries and big oil. for gasoline, home heating oil, and other re- sure a stable and reasonably priced supply of Whether it is gasoline or natural gas, such products to consumers in the United fined petroleum products. If the Secretary States, and, not later than 180 days after the finds that achieving such capacity within 2 the problem lies right here at the refin- date of the enactment of this title, shall years is not feasible, the Secretary shall ex- ery level, with a 255 percent increase in transmit a report of their findings to Con- plain in the plan the reasons therefor, and the last 12 months alone. Here is a 1995 gress. Such report shall include an assess- shall include provisions for achieving such memo from the American Petroleum ment of the companies’ preparations for the capacity as soon as practicable. Such plan Industry, and I quote. ‘‘A senior ana- forecasted period of more frequent and more shall also provide for adequate delivery sys- lyst, at the recent American petroleum intense hurricane activity in the Gulf of tems capable of providing Strategic Refinery energy convention, warned that if the Mexico and other vulnerable coastal areas. Reserve product to the entities described in U.S. petroleum industry does not refine SEC. 110. AUTHORIZATION OF APPROPRIATIONS. subsection (b)(2). There are authorized to be appropriated ‘‘(g) COMPLIANCE WITH FEDERAL ENVIRON- or reduce its refining capacity, it will such sums as may be necessary to carry out MENTAL REQUIREMENTS.—Nothing in this sec- never see any substantial increase in the provisions of this title. tion shall affect any requirement to comply refining margins.’’

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.062 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8781 So since 1995, since this memo, they vantage of this terrible tragedy and velop the northeast home heating oil. have closed 30 refineries. This conclu- line their own pockets by gouging the We cannot afford to do nothing out- sion is also backed up by the GAO, American people at the gas pump. lined in the Stupak amendment. I urge Government Accountability Office, As eight governors wrote to us in a vote against it. which said in 2004 that by closing refin- Congress urging passage of our legisla- Mr. STUPAK. Mr. Speaker, I yield 3 eries, they were able to drive up to tion, they stated, and I quote, ‘‘to price minutes to the gentleman from Vir- those exorbitant prices we are paying gouge consumers under normal cir- ginia (Mr. BOUCHER), a member of the today at the pump. cumstances is dishonest enough. But to committee and my partner in drafting Currently, there are only 28 states take money off from the severe misfor- this amendment, the substitute amend- that have laws on the books that define tune of others is downright immoral.’’ ment. price gouging and have enforcement Skyrocketing oil and gas prices are (Mr. BOUCHER asked and was given mechanisms to go after those ripping hurting the American consumer as well permission to revise and extend his re- off consumers. At the Federal level, as our economy. Sadly, the majority marks.) there is no oversight to protect con- bill does nothing to crack down on Mr. BOUCHER. Mr. Speaker, I am sumers from this predatory pricing, those who are manipulating the mar- pleased to join with Mr. STUPAK in of- gouging or market manipulation. We ket and price gouging. The Stupak- fering this substitute which would re- need to pass this amendment today. No Boucher amendment provides the kind place the underlying bill with two tar- American should have to pay too much of relief from high gas and energy geted provisions aimed at increasing for gas because the oil companies are prices that consumers deserve. our Nation’s refinery capacity and giv- rigging prices. Our amendment will protect all con- ing the Federal Government the tools Our amendment will give the Presi- sumers from unfair energy and gas necessary to investigate, deter and dent authority to take immediate ac- prices and punish those who think that punish price gouging. Together, these tion in the face of energy crisis by de- a time of a national tragedy is the two provisions would be an effective re- claring a national energy emergency. right time to rob the American people sponse to problems in our gasoline It will provide the Federal Trade of their hard-earned money. market. Commission with new authority to in- I urge a ‘‘yes’’ vote on our amend- The gentleman from Michigan (Mr. vestigate and prosecute those that en- ment. STUPAK) has drafted the price-gouging gage in predatory pricing, from oil Mr. Speaker, I reserve the balance of provisions of our amendment. I fully companies on down to gas stations, my time. support those provisions, and I com- with the emphasis on those who profit Mr. BARTON of Texas. Mr. Speaker, mend the gentleman for his out- the most. This includes price gouging I yield 3 minutes to the gentleman standing efforts. of gasoline and natural gas, home heat- from Texas (Mr. HALL). I will direct my remarks today to the ing oil, propane. Mr. HALL. Mr. Speaker, people are refinery specific provisions of our sub- H.R. 3893 does nothing to address nat- sick and tired of the two words, do stitute. We would create a strategic re- ural gas and propane gas prices, even nothing. And that is just no answer to finery reserve. In doing so, we would though gas prices are expected to rise folks who are startled when they go to build upon the success of the Strategic by more than 90 percent as shown in to- gas their vehicle, 50 bucks, 60 bucks, Petroleum Reserve by creating a nat- day’s USA Today. Staying warm is to $70 to fill it up. They are startled that ural extension of that successful pro- cost up to 90 percent more. That is nat- we have airlines that are flying full gram of refinery reserve. Under our ural gas. And this bill does not even ad- and going broke because of the cost of amendment, the Secretary of Energy dress it. energy, and we just cannot afford to do would establish refineries with capac- Our amendment also empowers the nothing. ity equal to 5 percent of the total Federal Government to impose tough Let me just list a few of the areas United States demand for gasoline, civil penalties of up to triple damage here of the Stupak substitute that do home heating oil and other refined pe- on all excess profits on companies that nothing. It will do nothing to limit troleum products. The location of these have cheated consumers. The base bill boutique fuels that have propped up refineries would be out of harm’s way provides no additional penalties for gasoline prices by artificially limiting at places to be designated by the Sec- those who engage in price gouging. supply. It will do nothing to encourage retary of Energy. Our amendment will also provide for private industry to build new refineries During times of nonemergency, the relief to consumers paying sky- that will increase daily supplies of gas- refineries which make up the strategic rocketing energy and transportation oline. It will do nothing to help diver- reserve would produce refined gasoline costs and increase funding for the low- sify our domestic refining capacity for use by the Federal Government. In income home energy assistance pro- away from the gulf coast. It will do addition, State and local governments gram through fines from price-gouging nothing to help site crude oil and pe- could choose to purchase refined prod- companies. troleum product pipelines that trans- ucts from the reserve. Keeping the re- It would also put in place new con- port gasoline to Americans. It will do finery reserve operational in that fash- sumer protections to prevent market nothing to help small refineries utilize ion would ensure that there would be manipulation and ensure greater trans- their capacity to increase supply and no lag time in it going on-line when parency in the cost of a gallon of gas. encourage robust competition in the needed to address a national emer- The base bill provides no transparency. industry. It will do nothing to provide gency. Why is it, we in America, no one can authority to the President to tempo- tell us what does it cost for a gallon of rarily waive Federal, State and local b 1230 gas? What does it cost for a cubic foot fuel additive requirements in the event Weakening the clean air laws and of natural gas? Why do they not want of an extreme and unusual supply cir- providing incentives to the refinery in- us to know how they are manipulating cumstance caused by a natural dis- dustry as proposed in the underlying the market, gouging the American con- aster, which proved to be critical in the bill is not the best way to ensure new sumer? wake of Katrina and Rita. It will do refinery construction. There has been In the wake of Hurricane Katrina, nothing to encourage conservation like no evidence that environmental per- Americans are pulling together, donat- carpooling and van pooling. Do nothing mitting is the problem that leads to no ing to relief organizations and giving to strengthen the Strategic Petroleum new refinery capacity. their time to help the people of the Reserve to ensure that critical crude The truth is that the refinery owners Gulf Coast recover. That is how Amer- oil supply is there when the Nation are benefiting enormously from the ican people react when they see their needs it. It will do nothing to ensure current limited capacity, with profits fellow citizens in need. that the crude oil sold from the Stra- increasing 255 percent during the past Unfortunately, some people have tegic Petroleum Reserve is used for its year alone, 255 percent of profit in- looked at Hurricane Katrina not as a intended purpose, to be refined for our crease in a single year. Simply put, the chance to give but as an opportunity to domestic use. And finally, it will do refiners are making more money by re- profit. Some have decided to take ad- nothing for the northeast to help de- fining less gasoline.

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.056 H07OCPT1 H8782 CONGRESSIONAL RECORD — HOUSE October 7, 2005 The substitute which the gentleman I have to admit, it is frustrating We included it in this manager’s from Michigan (Mr. STUPAK) and I are when you have someone from an en- amendment. offering is a commonsense approach to ergy producing State and when you So there is really no reason to vote our problems, establishing a Federal hear speaker after speaker complain for the Stupak substitute because mechanism to investigate and punish about high energy prices, and yet the much of what we have in the manager’s price gouging and creating a strategic only thing they bring to the table is an amendment is already included. As a refinery reserve to assure adequate re- empty tank. What we need is supply so- Member on this side of the aisle, I fining capacity during times of emer- lutions, but I am supporting the Stu- wanted to thank the gentleman from gencies. pak substitute only because of the ad- Michigan (Mr. STUPAK) for his help so I support strongly the substitute, and ditional consumer protections. that we are able to include in the man- I urge its approval by the House. I applaud the gentleman from Texas’ ager’s amendment some of his points, Mr. BARTON of Texas. Mr. Speaker, (Mr. BARTON) amendment to the and I think we made a stronger bill. I yield 2 minutes to the gentleman version we passed out of committee for I would say to those Members on from Illinois (Mr. SHIMKUS), a distin- strengthening consumer protections both sides of the aisle, there is really guished member of the committee. and for removing the new source re- no reason to support the Stupak Mr. SHIMKUS. Mr. Speaker, I would view, or the NSR, language that would amendment because lots of what he is like to address my friends and col- have weakened clean air protections. talking about dealing with price leagues. But the language in the gentleman gouging, as I mentioned earlier in my We have got a lot of good Members from Michigan’s (Mr. STUPAK) amend- speech, we have included in the man- on the Committee on Energy and Com- ment is clearer, and the penalties are ager’s amendment. merce, and I have great respect for my much stronger than those in the origi- There are some other things I would friends, the gentleman from Michigan nal bill. This is a critical issue that like to point out dealing with the Stu- (Mr. STUPAK) and the gentleman from must be addressed to prevent price pak amendment. It does not provide Virginia (Mr. BOUCHER), who come here spikes like we saw in Atlanta after the consumer protection against price with serious public policy concerns. hurricane that drove prices to nearly $6 gouging in the crude oil or home heat- I want to speak on an issue they do a gallon. ing oil market. The manager’s amend- not address, in fact, I think they roll I am disappointed the substitute does ment that I mentioned earlier offers back, which I think is critical to ad- not include my amendment that was these important consumer protections. The Stupak amendment caps dam- dressing the price spike, and that is accepted by the committee to address ages at $3 million per day, while the boutique fuels. I will just give an exam- energy needs after a disaster. The manager’s amendment allows for ple. amendment would require the Depart- $11,000 per violation with no cap on the When I fly back home, I fill up in St. ment of Energy to review and approve amount of damages that can be as- Louis. I fill up my vehicle in St. Louis, and offer recommendations on fuel sup- sessed. I think that is an important dif- and then I drive across the river to my ply segments of State evacuation hometown in Collinsville, which is 30 ference, and I think we should realize plans. that is why the manager’s amendment minutes from the St. Louis airport, It would also specifically authorize is better. and then I drive up to Springfield, Illi- critical energy facilities like refineries The Stupak amendment has a mar- nois, which is the northern part of my to request direct help from the Depart- ket manipulation provision that is cur- district, probably 100, maybe 200 miles ment of Energy during a federally de- rent law. The manager’s amendment separation, I go through three different clared emergency or disaster. does not include this provision because fuel markets. In other words, the un- If refineries go down, they must get the Federal Trade Commission has au- leaded gas I burn in St. Louis is not al- back up quickly. The amendment thority under current antitrust law to lowed to be purchased and bought in Il- would have authorized the DOE to pro- enforce against market manipulation. linois, and it is not allowed to be pur- vide assistance with generation capac- The Stupak amendment includes pe- chased and sold in Springfield, even ity, water service, critical employees troleum distillates that are subject to though I am burning that fuel and driv- and ensure raw materials could be price-gouging violations. Unfortu- ing back and forth. These environ- accessed, and any other necessity. nately, petroleum distillates, which are mental regulations on the boutique Mr. Speaker, this amendment used in so many products that are sold fuels really make sense. strengthens the consumer protections to consumer product companies, such What makes it more difficult is that in the overall bill, and that is why I as cosmetics, could be subject to price when you have constrained refinery ca- support it, and I urge my colleagues to gouging under this amendment. That is pacity and you have one refinery pro- do the same. our interpretation. My colleagues ducing for one area of the country, Mr. BARTON of Texas. Mr. Speaker, might not agree with it, but that is an when that refinery has a disruption or I yield 21⁄2 minutes to the gentleman area we are concerned about. If we goes down, then there is no way you from Florida (Mr. STEARNS), one of my have price gouging, it could affect such can get fuel in there unless you waive subcommittee chairmen. things as cosmetics. environmental regulations, which is (Mr. STEARNS asked and was given Overall, I think the point I am trying what the bill allows us to do if there is permission to revise and extend his re- to make is, we incorporate a lot of the a natural disaster or hurricane. It says marks.) gentleman from Michigan’s (Mr. STU- we need to move fuel from St. Louis to Mr. STEARNS. Mr. Speaker, I thank PAK) concerns in our manager’s amend- Springfield, Illinois; Mr. President, you the distinguished chairman for the ment. It made our bill stronger. We can waive those regulations. time, and I come to the floor to speak thank him for what he did. So we should not discount the impor- against the Stupak substitute. In the end, I think my colleagues tance of addressing this boutique fuel. I would tell all my colleagues in the should realize we should vote against Boutique fuels, 48 to 58 different fuel energy markup in the full committee, the Stupak substitute. brands around our country, will be the gentleman from Michigan (Mr. I agree we should have legislation to pre- pared down to six so that we can still STUPAK) did offer his amendment. It vent people from lining their own pockets by meet the needs of the different regions was defeated. I offered an amendment taking advantage of others in a time of crisis. of the country without holding us hos- that was dealing with price gouging, However, I cannot support the manner in tage. and I won by only one vote. which Mr. STUPAK’s amendment addresses the I thank the chairman for the time. The gentleman from Michigan (Mr. problem. Mr. STUPAK. Mr. Speaker, I yield 11⁄2 STUPAK) did an able job of pointing out The Stupak amendment will create serious minutes to the gentleman from Texas some of the things in my amendment problems for consumers at a time of disaster. (Mr. GENE GREEN), a member of the that he felt were weak. So the chair- There is no mechanism to allow prices to re- committee. man and I and others on the committee flect the changes in the market dynamic fol- Mr. GENE GREEN of Texas. Mr. went back, and we incorporated a lot of lowing a disaster other than cost. Speaker, I thank my colleague for what the gentleman from Michigan The Stupak amendment defines price yielding me time. (Mr. STUPAK) brought up in the debate. gouging violations with very subjective terms,

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\CR\FM\K07OC7.058 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8783 such as ‘‘unconscionable’’ and ‘‘grossly ex- a barrel of gasoline for 434 percent and in support of the underlying legis- ceeds’’, that will prove unworkable for the more than a barrel was selling exactly lation. FTC. Instead, the FTC possesses a history of 1 year ago. I want to thank the gentleman from determining what is unfair under the FTC Act These steep costs make it difficult Texas (Mr. BARTON), the chairman of and we should rely upon their expertise to de- for hardworking Americans to meet the committee, my friend, for his lead- fine price gouging. their financial obligations, and they ership. We have seen this year that we Because the amendment only accounts for underscore the reality that the Presi- have passed comprehensive energy leg- price increases related to costs increases and dent and the majority party in Con- islation, but that legislation did not does not include other factors—such as fear gress have failed to enact policies to address really the linchpin of the need or panic—it will artificially restrain prices that protect American consumers from in our country for greater refining ca- lead to shortages in gasoline at the time con- price gouging and reduce the Nation’s pacity and greater pipeline security, sumers in a disaster area most need access overall dependence on gasoline and oil. redundancy and reliability. Katrina ex- to gasoline. This is because the amendment The American public is concerned, posed that fundamental weakness in does not adequately allow for actual or antici- and they are concerned that at the our Nation’s energy security and in our pated changes in supply to be reflected in same time that oil refiners’ profits are Nation’s economic security. price. more than tripled over the last year, For 30 years, we have done nothing. The Stupak amendment includes ‘‘petroleum consumers are paying record high gas We have not had a new refinery come distillates’’ that are subject to price-gouging prices. into our Nation. No one has invested. violations. Unfortunately, petroleum distillates They are concerned because after a And much of that reason is that the are used in so many products that selling dis- double-digit increase in home heating cost of doing business, a refinery in- tillates to consumer products companies, such costs last year, prices are expected to vestment in this country, is so much as cosmetics, could be subject to price increase at even higher rates this win- higher than offshore. If we can stream- gouging under this amendment. ter. line the regulatory process, give new They are concerned that the cost of While it does provide supply and demand incentives so that companies will in- gasoline is rising faster than the actual considerations as a mitigating factor, it does vest in our country and new pipeline price of crude oil. security and redundancy and reli- so only for dollar costs actually incurred by the Mr. Speaker, they are concerned that seller. It does not allow the FTC to consider ability, as well as a new refining capac- neither the White House nor the Re- ity, then we can do something about countervailing benefits to consumers, namely publican Congress has put forward a that an increase in price can discourage high gas prices and the disruptions plan to address this problem. that occur in a natural disaster like hording by the first consumers to arrive at the The bill before us is yet another give- gas station, leaving no gas for those who ar- Katrina. away, not a plan. Behind the rhetoric We must act. We cannot fail to act. rive later. is an empty bill that favors the oil in- We have seen the fundamental flaw and The amendment is not adequately tied to a dustry while failing to take meaningful weakness. It has been exposed with time of disaster. It gives the President author- action to reduce prices for consumers. Katrina, and the other side reminds me ity to declare an emergency for any disruption In fact, it makes matters worse. of those who, when a barn is burning of gasoline distribution or any significant pric- It ignores the harsh realities of price and the fire truck is wanting to come ing anomalies in the market. If exercised, this gouging at the pump by weakening our and put the fire out and do something would interfere with supply and demand and ability to crack down on those trying about it, they stand in the way and lead to shortages for extended periods of time. to manipulate the market for their block the road and then want to blame The Stupak amendment caps damages at own profit. the fire department for failing to put $3 million per day while the Manager’s And it eliminates long-standing production the fire out. Amendment allows for $11,000 per violation, and refining standards that safeguard the envi- Now is the time to act. The chairman with no cap on the amount of damages that ronment and the public’s health. of the committee has shown remark- can be assessed. My colleagues, we have the opportunity to able speed in getting this legislation to The Stupak amendment has a market ma- answer the concerns of everyday Americans the floor. We need to act. It is what the nipulation provision that is current law. The and to promote our nation’s and our families’ American people want. They would Manager’s Amendment does not include this security and economic well-being. To meet agree with us. Give us a chance to do provision because the FTC has authority this goal, we must make clear that price something to make it better. under current antitrust law to enforce against gouging and profiteering is unacceptable and Mr. STUPAK. Mr. Speaker, I yield 11⁄2 market manipulation. will be met with stiff penalties. We must re- minutes to the gentleman from New The Stupak amendment does not provide duce our reliance on foreign oil. We must find York (Mr. BISHOP), who helped us with consumer protection against price gouging in better, more efficient ways to use traditional the substitute and had invaluable the crude oil or home heating oil markets. The energy sources. And must help bring to mar- input. Manager’s Amendment offers these important ket more affordable, reliable, and cleaner en- Mr. BISHOP of New York. Mr. Speak- consumer protections. ergy sources. And, the plan we are offering in er, I thank the gentleman from Michi- Mr. STUPAK. Mr. Speaker, I yield 2 the substitute amendment today will help to gan (Mr. STUPAK) and the gentleman minutes to the gentlewoman from meet these goals. from Virginia (Mr. BOUCHER) for their Pennsylvania (Ms. SCHWARTZ), one of It will provide relief at the pump by bol- leadership in offering this substitute, the authors of this substitute, and we stering our ability to punish oil companies and and I am proud to join them. appreciate her. refiners who wrongly ratchet up the cost of I rise in strong support of this sub- Ms. SCHWARTZ of Pennsylvania. Mr. their product. Our plan will stop price gouging, stitute for two reasons. Unlike the un- Speaker, I rise in strong support of the not just for gasoline, but for natural gas, home derlying legislation, it contains a Stupak-Boucher-Bishop-Schwartz-Bar- hearing oil, and propane. And our plan will im- meaningful deterrent to price gouging, row substitute amendment, and I want prove our nation’s energy security through the and it provides an effective strategy to to thank the gentleman from Michigan establishment of a Strategic Refining Reserve expand refinery capacity. (Mr. STUPAK) for his leadership on this so that we are never again are in the position We can all agree there were some issue of national importance. of releasing crude oil from our emergency re- good provisions in the first energy bill, Mr. Speaker, Americans across the serves, but unable to refine it and bring it to but Katrina exposed its shortcomings, country are deeply concerned about the market. as well as vulnerabilities that still skyrocketing costs of gasoline, and Do not be fooled by the title of this bill, vote exist in the energy market. rightly so. This year, the average for this substitute. Enact a plan that will deliver We can also agree that the hurricane American family will pay nearly $4,500 real relief to the American people. made it harder to meet the challenge to meet their energy needs. This is 19 Mr. BARTON of Texas. Mr. Speaker, of delivering relief to families strug- percent more than last year. I yield 2 minutes to the gentleman gling to pay their energy bills and that Contributing to these costs, as we all from Mississippi (Mr. PICKERING), the a rash of price gouging compounded know, is the dramatic increase in the vice chairman of the committee. this problem. price of gasoline. In the midst of Hurri- Mr. PICKERING. Mr. Speaker, I rise Our substitute takes direct aim at cane Katrina, gas refiners were selling in opposition to the Stupak substitute these challenges by creating a strong

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.063 H07OCPT1 H8784 CONGRESSIONAL RECORD — HOUSE October 7, 2005 deterrent to price gouging that keeps Nation, they will move to natural gas degrees and pressure around 3,000 lbs./square gas prices stable. The underlying bill instead in order to meet some of those inch—and must be maintained in order to be sets an $11,000 fine for price gouging. standards. Natural gas means we have safe for workers.’’ Section 106(a) and (b) en- That may sound like a lot to the aver- more demand, the costs go up, it af- sure the orderly and timely implementation of NSR clarification. age middle class family, but it is not fects homeowners in the price of heat- Therefore, we ask you and your colleagues much to the Exxon-Mobils of this world ing their homes, and it affects our not to accept any amendment that would who earn record profits. chemical industry. complicate the implementation of the final In contrast, this substitute deters The Unions for Jobs and the Environ- NSR rules. Thank you for your consideration price gouging at every stage of produc- ment have sent a letter, and I will sub- of our view on this important matter. tion, not just the retail phase, but at mit this letter as well for the RECORD, Sincerely, all phases in the chain of supply, and which states the efficiency and com- BILL CUNNINGHAM, this will strengthen those measures. petitiveness of our facilities and the President, Unions for Jobs and the Environment. Mr. Speaker, now is the time that we safety of our workers hang in the bal- must stand up to profiteers by assuring ance. This is a jobs and safety issue for Mr. STUPAK. Mr. Speaker, I yield 2 hardworking American families that millions of American workers. And minutes to the gentleman from Geor- Congress is standing up for their inter- they go on to say that delaying the gia (Mr. BARROW). ests, not the oil companies’. new source review issue is costly to Mr. BARROW. Mr. Speaker, I want to I urge my colleagues to support this jobs. So I want to make sure that we address a serious problem with the un- substitute that protects American tax- address this the next time when we get derlying bill, and that is that it relies payers and our national security. on to more of these energy issues. exclusively on the Federal Trade Com- Mr. BARTON of Texas. Mr. Speaker, The letter referred to is as follows: mission and its willingness and ability I yield 2 minutes to the gentleman UNIONS FOR JOBS AND THE and resources to enforce the price from Pennsylvania (Mr. MURPHY), an- ENVIRONMENT, gouging remedy in the bill. other distinguished member of the Washington, DC, October 5, 2005. I think we should all remember this Re: Support for Section 106 of H.R. 3893 committee. is the same FTC that said, we do not Mr. MURPHY. Mr. Speaker, I thank Hon. JOE BARTON, have any authority to investigate price Chairman, House Committee on Energy and gouging in this area; we do not need the chairman for the time. Commerce, Washington, DC. There are two points I would like to any authority in this area. Everything Hon. JOHN DINGELL, is just fine, thank you very much; and make here. First of all, with regard to Ranking Member, House Committee on Energy the amendment, let us understand and Commerce, Washington, DC. then, when pressed further, said we do what is in there. If there is concern for DEAR CONGRESSMEN BARTON AND DINGELL: not want any authority in this area be- giving large amounts of money to oil On behalf of the members of Unions for Jobs cause we will just make a bad situation companies, what they propose we do is and the Environment and the United Asso- worse. ciation of Journeymen and Apprentices of Well, Mr. Speaker, relying on a sorry that the Federal Government gets in the Plumbing and Pipe Fitting Industry, we the business of, quote, designing and bunch of people that do not know their write to express our support for Section 106 job, do not care about their job, and do constructing refineries and then put of H.R. 3893, the Gasoline for America’s Se- that into use at times in their national curity Act of 2005 (the Act) to provide much not believe in their job is like going emergencies or sell gas to States, needed clarification of the New Source Re- hunting and having to tote the dog. which this bill actually allows States view (NSR) program. We oppose any effort to Our substitute corrects this problem and governments to have some of this amend this provision, and therefore, we urge by giving the States attorneys general gasoline now, but for the government you and your colleagues to vote against any the same authority to enforce the price amendment or rule that would complicate to own and operate refineries and in- gouging remedies that we give the implementation of these important NSR re- FTC. The attorneys general of our vest all the money in there. In the al- forms. ternative, if we can provide incentives Our unions have had a long-time commit- States are elected by our constituents, for private industries to build, whether ment to clear, effective and reasonable NSR they know the conditions in their it is something small or large refin- policy. Like the Act does in Section 106(a), States better than we do, they have the eries, that makes a lot more sense. we have encouraged the Environmental Pro- resources and the discretion under the tection Agency (EPA) to clarify the program substitute to decide whether or not it b 1245 as soon as possible. The efficiency and com- is in the best interest of their constitu- And if we are concerned at all about petitiveness of our facilities and the safety ents, our constituents, for them to act the budget, let us do the more efficient of our workers hang in the balance. This is a when we do not. This is Federalism at jobs and safety issue for millions of Amer- thing, rather than have the govern- ican workers. its best. ment run these things, have them sit NSR, correctly interpreted as we hope I urge everybody to support the sub- mothballed until times of emergency, EPA’s new rules will do, forces new sources stitute for this reason, if none other. and then suddenly act like there is a or those undergoing major modifications, to Any attorney general doing something switch one can throw and start them install new technology. We support NSR in is better than the FTC doing nothing. up. that context. However, when NSR is applied Mr. BARTON of Texas. Mr. Speaker, The second thing I want to point out in an unclear or inflexible manner to exist- I yield 2 minutes to the gentleman ing facilities, very different results occur. In is that I wish we could have included ONAWAY those cases, facilities are discouraged from from Midland, Texas (Mr. C ), some important movement forward to undertaking appropriate actions for fear of the former mayor of Midland. make some changes on new source re- huge penalties, long delays, or both. By ap- Mr. CONAWAY. Mr. Speaker, I thank view. What happens now with a coal- plying NSR in that way, our members will the gentleman for yielding me this fired power plant, for example, if they not have the opportunity to work on projects time, but I do need to correct the want to go in and do some routine that we know are extremely important to record. I was not the mayor. I should maintenance, and while they are in energy efficiency. Further, by reducing the have been, perhaps, but I thank my col- there maybe improve the efficiency of useful economic life of boilers or by inac- league. the plant, the EPA comes by and says, curately setting baselines, the existing NSR Mr. Speaker, the issue is about refin- confusion undermines the competitiveness of no, you are going to do something dif- American job sites. The result is that some ing capacity and the ability for us to ferent here. Even though you are going of the almost 20 million manufacturing jobs convert crude oil into gasoline and to improve efficiencies, we want you to at stake in heavy industry are placed at risk. other products. The record is pretty do everything now. The energy com- Finalizing new NSR rules is also important clear on both sides that we have not pany comes back and says we cannot to maintain worker safety. As the Boiler- built a new refinery since 1976. In 1981, afford those larger investments; we makers testified earlier this year, ‘‘the we had 324 refineries in production. were going to make some smaller ones, threat of litigation too often acts as a deter- Today, we have 148. We refine about 17 rent to capital investments that create work so, therefore, we will do nothing. and maintain safe facilities for our members. million barrels of gasoline a day, and What they have done, instead of Boilers operate under high temperatures and we use about 21 million. We are import- using the abundant supply of coal, we pressures—with superheater tubes exposed to ing gasoline; and, obviously, one of the have 300 years’ worth of coal in this flue gases at temperatures as high as 2,000 choke points in the supply system is

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.063 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8785 the ability to convert crude oil into First of all, I want to say that I do not have the words ‘‘gross dis- gasoline. think it is good that we have a Demo- parity.’’ I am not disputing the intent. What this bill does, and I am speak- crat substitute. I think it adds to the I understand that. I do question the ad- ing against the substitute and in favor debate. It certainly adds to the fairness visability of putting that in statute of the underlying bill, is that it re- of the debate. But I do have some ques- when it is not defined. That is my ques- moves a regulatory burden that many tions for my good friend from Michi- tion. folks who want to build a refinery have gan. Can the gentleman answer questions to submit themselves to. It takes about On page 2, title I, section 101, it basi- about the strategic reserve? 3 years to build a refinery, exclusive of cally says if a President has issued a Mr. STUPAK. In answer to the gen- the permitting process. Major invest- declaration that there is an energy tleman’s last question, if you look at ments are needed in order to construct emergency, it begins to talk about a page 4, we have rulemaking in there, a refinery, and businesses simply are price that is unconscionably excessive. where the FTC shall promulgate the not willing to put those dollars at risk That is line 4. What is unconscionably rules necessary and appropriate to en- subject to a regulatory approval per- excessive? force. Under the rulemaking process, mitting scene that is disjointed at best. Mr. STUPAK. Mr. Speaker, will the you, myself, just about all of us have Under the bill, we allow the Governor gentleman yield? an opportunity to put in our two cents’ to designate a particular site subject to Mr. BARTON of Texas. I yield to the worth on what we feel may be exces- these provisions. We put the DOE in gentleman from Michigan. sive, market manipulation, or price charge of shepherding the permitting Mr. STUPAK. Mr. Speaker, when the gouging. So, again, if you want to process, not making the decisions on oil refineries raise their rates 255 per- dwell on a word or two, I think all behalf of the State and the Federal reg- cent in the last 12 months, that is un- Americans know when they are being ulators, but simply encouraging them conscionably excessive. excessively gouged at the pump. to get it done on a timely basis. Mr. BARTON of Texas. So reclaiming Mr. BARTON of Texas. Mr. Speaker, Most businesses can deal with an an- my time, Mr. Speaker, if they were up I know the gentleman’s intent is hon- swer, but a maybe or a give me more 250 percent, that would not be uncon- orable. I am not questioning that. information or a delay is what is kill- scionably excessive? Can the gentleman answer questions ing us. So I am standing in favor of the Mr. STUPAK. Well, Mr. Speaker, if about section 191, the Strategic Refin- original bill, the manager’s amend- the gentleman will continue to yield, I ery Reserve? I know the gentleman ment and speaking against the Stupak guess we are going to have to look in from Virginia (Mr. BOUCHER) is the substitute. the bill, because in the bill we also put prime author. Mr. STUPAK. Mr. Speaker, I yield 1 Mr. STUPAK. Go ahead. I will try to in there factors to be considered exces- minute to the gentleman from Cali- answer it. sively too much. If you go to the bot- fornia (Mr. FARR). Mr. BARTON of Texas. First of all, it Mr. FARR. Mr. Speaker, I rise in tom of page 2, bottom of page 3, we put says the Secretary shall establish and strong support of the Stupak sub- it in there. Our bill says that in 90 days operate. Does that mean that the Fed- stitute and in strong opposition to the the FTC has to define it for us. eral Government would actually build underlying bill. I would use this mo- Mr. BARTON of Texas. I am asking these refineries and operate them with ment just to wake up the city councils what if it was conscious? What if some- Federal employees? and boards of supervisors and county body set a price that was not uncon- Mr. STUPAK. It is just like the Stra- folks around this country, particularly scious, but said I am going to raise the tegic Petroleum Reserve; it is up to the if you have had a closed military base. price? Would that trigger it? Secretary to approve it. Would the Because this underlying bill just opens Look, I am asking legitimate ques- Federal Government and Federal em- that up and says if the President of the tions. ployees operate it? No. Much like we United States decides we need oil refin- Mr. STUPAK. I will give the gen- did in the energy bill for nuclear. Let ing capacities, they can puts it in your tleman examples. I think excessive is us put it up and build it, but let some- back yard. They waive all the require- more than reasonable. When it is more one else operate it and manage it. ments. than reasonable pricing. Mr. BARTON of Texas. Would these They did make an amendment at Mr. BARTON of Texas. Then you refineries operate continuously, around midnight last night that is still vague, need to put the example in the statute. the clock, or would they only operate but says they have to following BRAC Mr. STUPAK. A great example is when the President has declared an en- re-use law, but that does not affect Georgia. Why did it go up $6 a gallon ergy emergency? Federal lands that may be in the closed after Hurricane Katrina? Was that rea- Mr. STUPAK. They would operate base. So essentially they could para- sonable, when the rest of the Nation around the clock. Mr. Chairman, if you chute an oil refinery in the middle of a was about $3? That is excessive. That is look on page 18 on how it would be im- closed military base, and it waives all unconscionable. plemented, it is starting on line 9, we of the requirements that are local, zon- Mr. BARTON of Texas. Let me ask have the implementation plan, and it ing and all of that. That just would not another question. It says ‘‘in the area must be established within 2 years and have any effect. to which the declaration applies.’’ how they are going to do it. But we I will tell you why this is crazy. Be- What if the price gouging is outside of would operate it year-round. The re- cause one of the bases that would prob- the declaration area? What does your fined product would go to, without an ably qualify with a deep port and a lot amendment do then? energy declaration by the President, of land is Fort Ord. Fort Ord, Cali- Mr. STUPAK. Then the President, refined product would go to the mili- fornia, is surrounded by the National much like the manager’s bill, and tary to meet their military needs. At Marine Sanctuary and is one of the much like excessive, and the gentle- times of emergency, then we would most beautiful areas in the whole man’s bill has the same language basi- shift to give relief at home at the pump United States. The last thing we cally because you copied our bill, so for the American people. should ever do is have an oil refinery you can go outside the area. The Presi- Mr. BARTON of Texas. Well, on page there. This is a crazy bill, and I urge dent has the authority to go outside 18, the implementation plan just says its defeat. the area, just like he does in the under- the Secretary shall transmit to the Mr. BARTON of Texas. Mr. Speaker, lying area. Congress a plan. But it is your under- I yield myself such time as I may con- And getting back to the FTC and standing that if this were to become sume to enter into a colloquy with the what is excessive, again just like your law, these refineries that would be gentleman from Michigan (Mr. STUPAK) bill, you used different words, but you built by the Department of Energy and the gentleman from Virginia (Mr. allow the FTC to define it. We gave would actually be operated on a con- BOUCHER) if they are on the floor. I more than you gave. We actually gave tinual basis; is that correct? know the gentleman from Michigan concrete factors to consider. Mr. STUPAK. ‘‘Shall transmit the (Mr. STUPAK) is. I do not know if the Mr. BARTON of Texas. We do not plan to Congress for establishment and gentleman from Virginia (Mr. BOU- have in the manager’s amendment the operation of the strategic refinery re- CHER) is or not. words ‘‘unconscionably excessive.’’ We serve,’’ lines 11 and 12.

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.065 H07OCPT1 H8786 CONGRESSIONAL RECORD — HOUSE October 7, 2005 Again, he will submit his plan, who- This Republican bill, for example, colleagues to support the Stupak-Bou- ever the Secretary is. They may have a would create a fund that would pay oil cher substitute. This bill should be different idea, but they must submit it companies if they are sued, even if they called, The Republican Gifts to Special to the Congress so we can see. It is just lose in court. It would enable cities Interests Bill. It is a perfect example of like SPR, subject to appropriation, with dirty air to delay meeting clean the Republican culture of cronyism and subject to congressional oversight. air requirements, and it would preempt corruption. Using Hurricane Katrina as Mr. BARTON of Texas. But the stra- State and local zoning regulations re- their excuse, the Republicans are once tegic petroleum reserve is a reserve lated to the siting of refineries. again pushing their special interest that you take crude oil and store it so What do these provisions have to do agenda at the expense of the American if we need it you bring it up and trans- with reducing gas prices today? In people. mit it to refineries to be refined into sharp contrast, the Democratic sub- Americans do not need legislation refined products. A strategic refinery stitute, sponsored by the gentleman passed here today to enrich the oil in- reserve, as I understand it in this bill, from Michigan (Mr. STUPAK) and the dustry. Americans need relief from you actually go out and build the refin- gentleman from Virginia (Mr. BOU- high Georgia prices. This week, the av- eries, and it is unclear to me whether CHER) would put some bite in the Fed- erage price at the pump was $2.92 a gal- you would operate them around the eral Trade Commission’s bark. It would lon. That is 99 cents more than a year clock or just in some sort of an emer- give the FTC explicit authority to stop ago and 30 cents higher than just pre- gency. price gouging, not just for gasoline and Katrina. It is also twice the cost per I do understand that you require the diesel fuels, but for natural gas home gallon than the first year when Presi- Secretary of Energy to transmit the heating oil and propane as well. It pro- dent Bush took office. plan. But if the Secretary of Energy vides for enhanced penalties for price Winter is around the corner, and so did not want to operate them continu- gouging, explicitly outlaws market are skyrocketing increases in home ously, I guess he would have that au- manipulation, substitute Enron activi- heating costs. Families who heat with thority in the plan to have them as a ties, if you will, and empowers State natural gas could see their fuel costs sort of ready reserve. attorneys general to enforce the Fed- increase more than 70 percent in some Mr. STUPAK. Mr. Speaker, I yield 31⁄2 eral law. parts of the country. It is astounding. minutes to the gentleman from Mary- Furthermore, Mr. Speaker, the sub- Families are expected to spend nearly land (Mr. HOYER), the distinguished stitute would establish a strategic re- three times as much for home heating Democratic floor leader. finery reserve. The fact is our national oil again than they did 4 years ago, the Mr. HOYER. Mr. Speaker, I thank security and economic strength are first year President Bush took office. the gentleman for yielding me this susceptible to private industry deci- Let us get this straight. Price at the time, and I would like to make an ob- sions that are motivated primarily by pump for the consumer, per gallon of servation to the chairman at the out- profit, but not by national security gas, is twice as high as 4 years ago, the set. issues. This Congress has a duty to ad- first year President Bush took office. Mr. Chairman, had we had hearings dress this vulnerability. For home heating oil, you are expected on this bill, perhaps your questions I urge my colleagues to vote for this to pay three times as much as you did could have been answered. But your substantive substitute, and I urge fur- 4 years ago, the first year President side decided not to have any hearings, ther, that if the substitute passes, Bush took office. not to explore the facts. Your side de- maybe vote for the bill; but if it does Yet for the second time in 1 month, cided to go ahead, in my opinion, for not pass, to vote against this bad bill, the Republicans have brought a bill to political purposes. I do not question which is bad for the consumers of our the floor that fails to address price your motives, because my under- country. gouging, fails to bring down prices and standing is you were acting under in- Mr. STUPAK. Mr. Speaker, I yield fails to put us on the road to energy structions, and we all understand that. the balance of my time to the gentle- independence. Mr. Speaker, the American people woman from California (Ms. PELOSI), As with the energy bill passed this are being pummeled at the pump by our Democratic leader, who has been so summer, this bill ignores the real need high gas prices, and they are being told supportive in our efforts to make sure of the American people and rewards the to brace themselves for record heating that Americans get a fair shake at the greed of special interests. Need or costs this winter. And what is this gas pump and when they heat their greed, take your choice. The Repub- House majority doing to reduce the homes this winter and go to work each licans in this culture of corruption and consumers’ pain? Nothing. and every day. She has been there cronyism came down on the side of Let us be clear: this bill is not a pan- fighting for the American people. greed. This bill includes all the special acea; it is not even a solution or a plan. Ms. PELOSI. Mr. Speaker, I thank favors to the energy industry that were But do not take my word for it, just the distinguished gentleman from too extreme to be included in the en- listen to the Republican chairman of Michigan for yielding. I commend the ergy bill passed by Congress less than 3 the House Committee on Science, the gentleman from Michigan for his great months ago. gentleman from New York (Mr. BOEH- leadership, and I thank him for his Refinery companies have deliberately LERT). In a letter that he sent today, great leadership on behalf of the Amer- closed and consolidated their facilities after the Committee on Rules reported ican consumer and the American tax- to drive up profit margins. They are the manager’s amendment late last payer. making enormous profits. Do the night, the gentleman from New York The gentleman from Michigan and American people really believe the (Mr. BOEHLERT) wrote in a Dear Col- the gentleman from Virginia with their right response is to waive environ- league: ‘‘Please join me in voting no on very wise substitute give a chance to mental laws, brush aside State and H.R. 3893, which will increase the def- help the consumer and declare energy local authorities and open up Federal icit, harm the environment, undermine independence. I also want to commend lands to new refineries? Of course not. the States, and give charity to the oil the gentleman from Michigan (Mr. DIN- But that is the Republican approach: companies while doing virtually noth- GELL), the distinguished ranking mem- Greed over need. ing to help consumers.’’ Chairman ber of the full committee, for his ex- Republicans blame the Clean Air Act BOEHLERT’s remarks. traordinary leadership on this and so for our record energy costs. Even after many issues. Also, I salute the gen- removing its most extreme provisions, 1300 b tleman from New York (Mr. BOEH- this bill still includes the so-called Mr. Speaker, it is clear that this Re- LERT), chair of the Science Committee, bump-up provision, which would expose publican majority is exploiting the dis- for his recognition that this Demo- millions of Americans to unhealthy ruption to our Nation’s refining capac- cratic substitute is a better way to go. levels of smog for years to come. Once ity caused by Hurricane Katrina and Mr. Speaker, I rise in strong opposi- again, greed over need. Rita to push many of the same provi- tion to the Republican energy bill. It is Our Democratic substitute to this sions that they could not pass in the anti-taxpayer. It is anti-consumer. And bill, introduced again by the gentleman Energy Policy Act we passed in July. it is anti-environment. I encourage my from Michigan (Mr. STUPAK) and the

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.067 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8787 gentleman from Virginia (Mr. BOU- ronmental laws somehow stand in the way of Federal Trade Commission new authority to CHER) creates a strategic refinery ini- the oil companies’ attempts to build new refin- investigate and punish certain manipulative or tiative which would be able to produce eries. Nothing could be further from the truth. abusive practices during any presidentially de- 5 percent of the daily demand for gaso- The oil companies have shut down 30 refin- clared national or regional ‘‘energy emer- line when needed, real solutions to eries over the last decade. They’ve ordered 1 gency.’’ It would bar any party from selling America’s energy crisis. That is what new refinery, and that one got its permit crude oil, gasoline, home heating oil or other this substitute contains. If you are able through the EPA in 9 months! petroleum products at a price that is uncon- to produce 5 percent, bump that up to The Republican Energy bill that we passed scionably excessive or which takes unfair ad- the daily demand, you can reduce the just 8 weeks ago contained a refinery siting vantage of the circumstances to increase price of gasoline at the pump dras- proposal that the Speaker of the House said prices unreasonably. tically. ‘‘promotes greater refinery capacity so more At the same time, the Substitute creates a For weeks, Democrats have de- gasoline will be on the market and it increases new Strategic Refinery Reserve that builds on manded a new Federal law to crack gasoline supply by putting an end to the pro- the highly successful Strategic Petroleum Re- down on price gouging by the energy liferation of boutique fuels.’’ The bill before us serve. The Refinery Reserve would provide industry. In fact, the gentleman from today repeals that provision. Why? Has the the Federal Government with the ability to Michigan (Mr. STUPAK) has that very Majority lost confidence in its own new law? produce gasoline, home heating oil, or other bill. Consumers are being cheated The Republican Energy bill that we passed refined petroleum products during an energy every time they fill up their cars or just 8 weeks ago contained boutique fuels lan- emergency. It would be designed to be able to turn up their thermostat by an indus- guage that you, Mr. Chairman, praised on the serve 5 percent of daily demand. During non- try making record profits. But this bill House floor, arguing that they would ‘‘make it emergency periods, the Reserve would does not come close to addressing the more efficient to use our boutique fuels’’ by re- produce petroleum products to serve demand severe gouging of consumers. ducing the number of these fuels ‘‘so that we from the Federal government, including the Our Democratic substitute provides have greater transportability of our boutique Department of Defense. It would also serve real protection from price gouging for fuels between those regions of the country demand from State and local governments the first time. We have been asking for that need those fuel sources.’’ Now, the bill that elected to opt-in to receiving fuel supplies it over and over. Here we have a bill on you have brought before us today has re- from the Reserve. the floor that will do just that. The pealed that provision. Why? Has the Majority The Substitute avoids the extreme over- Stupak-Boucher bill gives the Federal lost confidence that its earlier boutique fuels reaching of the underlying bill. It limits our re- Trade Commission broad authority to solution would work? sponse to the two issues that have been high- crack down on price gouging for a wide The Republican Energy bill that we passed lighted for us all as the result of Katrina and range of fuels, for businesses all along just 8 weeks ago dropped provisions of the Rita—the need for a Federal price gouging the supply chain. House bill that would have weakened the law and the need for a Federal refinery re- Our substitute provides for tough Clean Air Act. These provisions were dropped serve. civil penalties and allows attorneys because there was bipartisan opposition to I urge adoption of the amendment. general to enforce the Federal law their adoption, and Chairman DOMENICI stated The SPEAKER pro tempore (Mr. without interfering with State price during the conference that the bill could not SIMPSON). Pursuant to House Resolu- gouging laws. Mr. Speaker, it is time pass the Senate if they were included. The tion 481, the previous question is or- for our Nation to make a declaration of language that delays compliance with the dered on the bill and on the amend- energy independence. This is an urgent Clean Air Act was resurrected. Why? Does the ment in the nature of a substitute of- issue of national security. Together, Majority really think that they’ve picked up any fered by the gentleman from Michigan America can do better. We have the re- more votes for dirtying our Nation’s air due to (Mr. STUPAK). sources. We have the technology. We the terrible tragedies Katrina and Rita? The question is on the amendment in have the innovative ideas, and more of Why would we allow the EPA to extend the nature of a substitute offered by them are springing forth all the time. deadlines for cleaning up ozone pollution, in the gentleman from Michigan (Mr. We can do it right and create millions some cases until 2015, without imposing any STUPAK). of new jobs at the same time. of the additional cleanup requirements man- The question was taken; and the We have an enormous untapped po- dated under current law? The proponents of Speaker pro tempore announced that tential in the area of energy efficiency this bad provision are trying to justify it by say- the noes appeared to have it. and renewable energy. By imple- ing it is for the ‘‘protection’’ of downwind RECORDED VOTE menting existing technologies and de- States. Mr. STUPAK. Mr. Speaker, I demand veloping new ones in every sector of However, just yesterday, 9 Attorneys Gen- a recorded vote. the economy and American life, we can eral, including 6 from ‘‘downwind’’ States such A recorded vote was ordered. take a giant step toward energy inde- as Massachusetts, sent a letter to the House The vote was taken by electronic de- pendence. This is not just about turn- leadership opposing this bill. Well if the States vice, and there were—ayes 199, noes 222, ing down the thermostat or driving that are the supposed beneficiaries of these not voting 12, as follows: less. Many Americans have had to do relaxed regulations don’t want them, then who that for a long time now, they have al- does? The polluters, that’s who! [Roll No. 517] ready taken those steps; as much as The bottom line is that these rollbacks of AYES—199 this is about using our ingenuity to clean air requirements don’t benefit the states Abercrombie Cardin Dicks make our lives better and more com- that have to breathe dirty air for another 10 Ackerman Cardoza Dingell Allen Carnahan Doggett fortable. years, they benefit the corporations that don’t Andrews Carson Doyle Let us make progress. Let us set want to clean up their power plants. Baca Case Edwards aside this back-to-the-future energy This bill before us today also proposes to Baird Chandler Emanuel Baldwin Clay Emerson bill and turn our faces into the 21st preempt the ability of state or local officials to Barrow Cleaver Engel Century, toward our Nation’s true make decisions regarding the siting of a new Bean Clyburn Eshoo needs. I urge my colleagues to again re- refinery or an oil pipeline. Instead of allowing Becerra Conyers Etheridge ject this special interest Republican State and local officials to make land use deci- Berkley Cooper Evans Berman Costa Farr giveaway act and support the Demo- sions, to consider environmental impacts, im- Berry Costello Fattah cratic substitute. Together, Americans pacts on local communities, on historic or cul- Bishop (GA) Cramer Filner can do better. tural sites, or other factors, we are going to Bishop (NY) Crowley Ford Blumenauer Cuellar Frank (MA) Mr. MARKEY. Mr. Speaker, I rise in support have the bureaucrats at the Department of En- Boren Cummings Gonzalez of the amendment offered by the gentleman ergy and the Federal Energy Regulatory Com- Boucher Davis (AL) Gordon from Michigan (Mr. STUPAK) and the gen- mission make these decisions. State and local Boyd Davis (CA) Green, Al tleman from Virginia (Mr. BOUCHER). officials, the cities, the Mayors, all oppose Brady (PA) Davis (FL) Green, Gene Brown (OH) Davis (IL) Grijalva The bill before us today proposes to gut the doing this. Brown, Corrine Davis (TN) Gutierrez Clean Air Act in order to promote construction The Democratic Substitute would replace Butterfield DeFazio Harman of more refineries. It is predicated upon the the many objectionable provisions of the un- Capps DeGette Herseth false premise that somehow our nation’s envi- derlying bill with language that would give the Capuano DeLauro Higgins

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.070 H07OCPT1 H8788 CONGRESSIONAL RECORD — HOUSE October 7, 2005 Hinchey McKinney Sanchez, Loretta Pitts Saxton Thomas section (b), it is unlawful for any person to Hinojosa McNulty Sanders Platts Schmidt Thornberry sell crude oil, gasoline, natural gas, or petro- Holden Meehan Schakowsky Pombo Sensenbrenner Tiahrt leum distillates in, or for use in, the area to Holt Meek (FL) Schiff Porter Sessions Tiberi which that declaration applies at a price Honda Meeks (NY) Schwartz (PA) Price (GA) Shadegg Turner that— Hooley Melancon Scott (GA) Pryce (OH) Shaw Upton Hoyer Menendez Scott (VA) Putnam Sherwood Walden (OR) (i) is unconscionably excessive; or Inslee Michaud Serrano Radanovich Shimkus Walsh (ii) indicates the seller is taking unfair ad- Ramstad Shuster Israel Millender- Shays Wamp vantage of the circumstances to increase Jackson (IL) McDonald Regula Simmons Sherman Weldon (FL) prices unreasonably. Jackson-Lee Miller (NC) Rehberg Simpson Skelton Weldon (PA) (B) FACTORS CONSIDERED.—In determining (TX) Miller, George Slaughter Reichert Smith (NJ) Jefferson Mollohan Renzi Smith (TX) Weller whether a violation of subparagraph (A) has Smith (WA) Westmoreland Johnson, E. B. Moore (KS) Snyder Reynolds Sodrel occurred, there shall be taken into account, Jones (OH) Moore (WI) Rogers (AL) Souder Whitfield among other factors, whether— Solis Wicker Kanjorski Moran (VA) Spratt Rogers (KY) Stearns (i) the amount charged represents a gross Rogers (MI) Sullivan Wilson (NM) Kaptur Murtha Stark disparity between the price of the crude oil, Kennedy (RI) Nadler Rohrabacher Sweeney Wilson (SC) Strickland Kildee Napolitano Ros-Lehtinen Tancredo Wolf gasoline, natural gas, or petroleum distillate Stupak Kilpatrick (MI) Oberstar Ryan (WI) Taylor (NC) Young (AK) sold and the price at which it was offered for Tanner Kind Obey Ryun (KS) Terry Young (FL) sale in the usual course of the seller’s busi- Tauscher Kucinich Ortiz Taylor (MS) ness immediately prior to the energy emer- Langevin Owens NOT VOTING—12 Thompson (CA) gency; or Lantos Pallone Beauprez Hastings (FL) Payne Thompson (MS) (ii) the amount charged grossly exceeds the Larsen (WA) Pascrell Boswell Neal (MA) Poe Larson (CT) Pastor Tierney Deal (GA) Norwood Royce price at which the same or similar crude oil, Lee Pelosi Towns Delahunt Olver Schwarz (MI) gasoline, natural gas, or petroleum distillate Levin Peterson (MN) Udall (CO) was readily obtainable by other purchasers Lewis (GA) Pomeroy Udall (NM) b 1332 in the area to which the declaration applies. Lipinski Price (NC) Van Hollen Vela´ zquez Messrs. GOODLATTE, MCCAUL of (C) MITIGATING FACTORS.—In determining Lofgren, Zoe Rahall whether a violation of subparagraph (A) has Lowey Rangel Visclosky Texas and HALL and Ms. PRYCE of Lynch Reyes Wasserman Ohio changed their vote from ‘‘aye’’ to occurred, there also shall be taken into ac- Maloney Ross Schultz ‘‘no.’’ count, among other factors, whether the Waters Markey Rothman Messrs. STARK, CARDOZA, price at which the crude oil, gasoline, nat- Marshall Roybal-Allard Watson ural gas, or petroleum distillate was sold Matheson Ruppersberger Watt CRAMER, AL GREEN of Texas, RUP- reasonably reflects additional costs, not Matsui Rush Waxman PERSBERGER and SHAYS changed within the control of the seller, that were McCarthy Ryan (OH) Weiner their vote from ‘‘no’’ to ‘‘aye.’’ McCollum (MN) Sabo Wexler paid or incurred by the seller. McDermott Salazar Woolsey So the amendment in the nature of a (2) FALSE PRICING INFORMATION.—It is un- McGovern Sa´ nchez, Linda Wu substitute was rejected. lawful for any person to report information McIntyre T. Wynn The result of the vote was announced related to the wholesale price of crude oil, as above recorded. gasoline, natural gas, or petroleum dis- NOES—222 PERSONAL EXPLANATION tillates to the Federal Trade Commission Aderholt Dreier Keller if— Akin Duncan Kelly Mr. POE. Mr. Speaker, I was not present for (A) that person knew, or reasonably should Alexander Ehlers Kennedy (MN) debate on rollcall vote No. 515, rule providing have known, the information to be false or Bachus English (PA) King (IA) for consideration of Gasoline for America’s Se- Baker Everett King (NY) misleading; Barrett (SC) Feeney Kingston curity Act (H.R. 3893); rollcall vote No. 516, on (B) the information was required by law to Bartlett (MD) Ferguson Kirk approving the journal; and rollcall vote No. be reported; and Barton (TX) Fitzpatrick (PA) Kline 517, substitute amendment by STUPAK to H.R. (C) the person intended the false or mis- Bass Flake Knollenberg 3893. leading data to affect data compiled by that Biggert Foley Kolbe department or agency for statistical or ana- Bilirakis Forbes Kuhl (NY) Had I been present, I would have voted Bishop (UT) Fortenberry LaHood ‘‘yea’’ for rollcall votes 515 and 516. I would lytical purposes with respect to the market Blackburn Fossella Latham have voted ‘‘nay’’ for rollcall vote No. 517. for crude oil, gasoline, natural gas, or petro- Blunt Foxx LaTourette The SPEAKER pro tempore (Mr. leum distillates. Boehlert Franks (AZ) Leach (3) MARKET MANIPULATION.—It is unlawful Boehner Frelinghuysen Lewis (CA) SIMPSON). The question is on the en- for any person, directly or indirectly, to use Bonilla Gallegly Lewis (KY) grossment and third reading of the bill. or employ, in connection with the purchase Bonner Garrett (NJ) Linder The bill was ordered to be engrossed Bono Gerlach LoBiondo or sale of crude oil, gasoline, natural gas, or Boozman Gibbons Lucas and read a third time, and was read the petroleum distillates at wholesale, any ma- Boustany Gilchrest Lungren, Daniel third time. nipulative or deceptive device or contriv- Bradley (NH) Gillmor E. MOTION TO RECOMMIT OFFERED BY MR. BISHOP ance, in contravention of such rules and reg- Brady (TX) Gingrey Mack OF NEW YORK ulations as the Federal Trade Commission Brown (SC) Gohmert Manzullo may prescribe as necessary or appropriate in Brown-Waite, Goode Marchant Mr. BISHOP of New York. Mr. Speak- Ginny Goodlatte McCaul (TX) er, I offer a motion to recommit. the public interest or for the protection of United States citizens. Burgess Granger McCotter The SPEAKER pro tempore. Is the Burton (IN) Graves McCrery (4) RULEMAKING.—Not later than 180 days Buyer Green (WI) McHenry gentleman opposed to the bill? after the date of the enactment of this sec- Calvert Gutknecht McHugh Mr. BISHOP of New York. In its tion, the Federal Trade Commission shall Camp Hall McKeon present form, yes. Cannon Harris McMorris promulgate rules necessary and appropriate Cantor Hart Mica The SPEAKER pro tempore. The to enforce this section. Capito Hastings (WA) Miller (FL) Clerk will report the motion to recom- (b) DECLARATION OF ENERGY EMERGENCY.— Carter Hayes Miller (MI) mit. (1) IN GENERAL.—If the President finds that Castle Hayworth Miller, Gary The Clerk read as follows: Chabot Hefley Moran (KS) the health, safety, welfare, or economic well- Chocola Hensarling Murphy Mr. Bishop of New York moves to recom- being of the citizens of the United States is Coble Herger Musgrave mit the bill, H.R. 3893, to the Committee on at risk because of a shortage or imminent Cole (OK) Hobson Myrick Energy and Commerce with instructions to shortage of adequate supplies of crude oil, Conaway Hoekstra Neugebauer report the bill back to the House forthwith gasoline, natural gas, or petroleum dis- Crenshaw Hostettler Ney with the following amendment: tillates due to a disruption of the national Cubin Hulshof Northup Culberson Hunter Nunes Strike section 402 of the bill and insert the distribution system for crude oil, gasoline, Cunningham Hyde Nussle following: natural gas, or petroleum distillates (includ- Davis (KY) Inglis (SC) Osborne SEC. 402. PROTECTING CONSUMERS FROM EN- ing such a shortage related to a major dis- Davis, Jo Ann Issa Otter ERGY PRICE GOUGING. aster (as defined in section 102(2) of the Rob- Davis, Tom Istook Oxley (a) UNCONSCIONABLE PRICING OF GASOLINE, ert T. Stafford Disaster Relief and Emer- DeLay Jenkins Paul OIL, NATURAL GAS, AND PETROLEUM DIS- gency Assistance Act (42 U.S.C. 5122))), or Dent Jindal Pearce significant pricing anomalies in national or Diaz-Balart, L. Johnson (CT) Pence TILLATES DURING EMERGENCIES.— Diaz-Balart, M. Johnson (IL) Peterson (PA) (1) UNCONSCIONABLE PRICING.— regional energy markets for crude oil, gaso- Doolittle Johnson, Sam Petri (A) IN GENERAL.—During any energy emer- line, natural gas, or petroleum distillates of Drake Jones (NC) Pickering gency declared by the President under sub- a more than transient nature, the President

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may declare that a Federal energy emer- tice immediately upon instituting such civil (A) DISSEMINATION OF INFORMATION.—In gency exists. action. carrying out this subsection, the Federal (2) SCOPE AND DURATION.—The declaration (3) AUTHORITY TO INTERVENE.—Upon receiv- Trade Commission shall provide by rule for shall apply to the Nation, a geographical re- ing the notice required by paragraph (2), the the dissemination, on a timely basis, of in- gion, or 1 or more States, as determined by Federal Trade Commission may intervene in formation about the availability and prices the President, but may not be in effect for a such civil action and upon intervening— of wholesale crude oil, gasoline, and petro- period of more than 45 days. (A) be heard on all matters arising in such leum distillates to the Federal Trade Com- (3) EXTENSIONS.—The President may— civil action; and mission, States, wholesale buyers and sell- (A) extend a declaration under paragraph (B) file petitions for appeal of a decision in ers, and the public. (1) for a period of not more than 45 days; and such civil action. (B) PROTECTION OF PUBLIC FROM ANTI- (B) extend such a declaration more than (4) CONSTRUCTION.—For purposes of bring- COMPETITIVE ACTIVITY.—In determining the once. ing any civil action under paragraph (1), information to be made available under this (c) ENFORCEMENT BY THE FEDERAL TRADE nothing in this section shall prevent the at- subsection and time to make the informa- COMMISSION.— torney general of a State from exercising the tion available, the Federal Trade Commis- (1) ENFORCEMENT BY FTC.—A violation of powers conferred on the attorney general by sion shall seek to ensure that consumers and subsection (a) shall be treated as a violation the laws of such State to conduct investiga- competitive markets are protected from the of a rule defining an unfair or deceptive act tions or to administer oaths or affirmations adverse effects of potential collusion or or practice prescribed under section or to compel the attendance of witnesses or other anticompetitive behaviors that can be 18(a)(1)(B) of the Federal Trade Commission the production of documentary and other facilitated by untimely public disclosure of Act (15 U.S.C. 57a(a)(1)(B)). The Federal evidence. transaction-specific information. Trade Commission shall enforce this section (5) VENUE; SERVICE OF PROCESS.—In a civil (C) PROTECTION OF MARKET MECHANISMS.— in the same manner, by the same means, and action brought under paragraph (1)— The Federal Trade Commission shall with- with the same jurisdiction as though all ap- (A) the venue shall be a judicial district in hold from public disclosure under this sub- plicable terms and provisions of the Federal which— section any information the Commission de- Trade Commission Act were incorporated (i) the defendant operates; termines would, if disclosed, be detrimental into and made a part of this section. In en- (ii) the defendant was authorized to do to the operation of an effective market or forcing subsection (a)(1), the Commission business; or jeopardize system security. shall give priority to enforcement actions (iii) where the defendant in the civil action (3) INFORMATION SOURCES.— concerning companies with total United is found; (A) IN GENERAL.—In carrying out para- States wholesale or retail sales of crude oil, (B) process may be served without regard graph (2), the Federal Trade Commission gasoline, and petroleum distillates in excess to the territorial limits of the district or of may— of $500,000,000 per year. the State in which the civil action is insti- (i) obtain information from any market (2) CIVIL PENALTIES.— tuted; and participant; and (A) IN GENERAL.—Notwithstanding the pen- (C) a person who participated with the de- (ii) rely on entities other than the Com- alties set forth under the Federal Trade fendant in an alleged violation that is being mission to receive and make public the in- Commission Act, any person who violates litigated in the civil action may be joined in formation, subject to the disclosure rules in subsection (a) shall be subject to the fol- the civil action without regard to the resi- paragraph(2)(C). lowing penalties: dence of the person. (B) PUBLISHED DATA.—In carrying out this (i) PRICE GOUGING; UNJUST PROFITS.—Any (6) LIMITATION ON STATE ACTION WHILE FED- subsection, the Federal Trade Commission person who violates subsection (a)(1) shall be ERAL ACTION IS PENDING.—If the Federal shall consider the degree of price trans- subject to— Trade Commission has instituted a civil ac- parency provided by existing price publishers (I) a fine of not more than 3 times the tion or an administrative action for viola- and providers of trade processing services, amount of profits gained by such person tion of this section, no State attorney gen- and shall rely on such publishers and serv- through such violation; or eral, or official or agency of a State, may ices to the maximum extent possible. (II) a fine of not more than $3,000,000. bring an action under this subsection during (C) ELECTRONIC INFORMATION SYSTEMS.— (ii) FALSE INFORMATION; MARKET MANIPULA- the pendency of that action against any de- The Federal Trade Commission may estab- TION.—Any person who violates paragraph (2) fendant named in the complaint of the Fed- lish an electronic information system if it or (3) of subsection (a) shall be subject to a eral Trade Commission or the other agency determines that existing price publications civil penalty of not more than $1,000,000. for any violation of this section alleged in are not adequately providing price discovery (B) METHOD OF ASSESSMENT.—The penalties the complaint. or market transparency. Nothing in this sub- provided by subparagraph (A) shall be as- (7) ENFORCEMENT OF STATE LAW.—Nothing section, however, shall affect any electronic sessed in the same manner as civil penalties contained in this section shall prohibit an information filing requirements in effect imposed under section 5 of the Federal Trade authorized State official from proceeding in under this section as of the date of enact- Commission Act (15 U.S.C. 45). State court to enforce a civil or criminal ment of this section. (C) MULTIPLE OFFENSES; MITIGATING FAC- statute of such State. (D) DE MINIMUS EXCEPTION.—The Federal TORS.—In assessing the penalty provided by (e) LOW INCOME ENERGY ASSISTANCE.— Trade Commission may not require entities this paragraph— Amounts collected in fines and penalties who have a de minimus market presence to (i) each day of a continuing violation shall under subsection (c) shall be deposited in a comply with the reporting requirements of be considered a separate violation; and separate fund in the treasury to be known as this subsection. (ii) the Federal Trade Commission shall the Consumer Relief Trust Fund. To the ex- (4) COOPERATION WITH OTHER FEDERAL AGEN- take into consideration the seriousness of tent provided for in advance in appropria- CIES.— the violation and the efforts of the person tions Acts, such fund shall be used to provide (A) MEMORANDUM OF UNDERSTANDING.— committing the violation to remedy the assistance under the Low Income Home En- Within 180 days after the date of enactment harm caused by the violation in a timely ergy Assistance Program established under of this section, the Federal Trade Commis- manner. title XXVI of the Omnibus Budget Reconcili- sion shall conclude a memorandum of under- (d) ENFORCEMENT AT RETAIL LEVEL BY ation Act of 1981 (42 U.S.C. 8621 et seq.). standing with the Commodity Futures Trad- STATE ATTORNEYS GENERAL.— (f) EFFECT ON OTHER LAWS.— ing Commission and other appropriate agen- (1) IN GENERAL.—A State, as parens (1) OTHER AUTHORITY OF FEDERAL TRADE cies (if applicable) relating to information patriae, may bring a civil action on behalf of COMMISSION.—Nothing in this section shall be sharing, which shall include provisions— its residents in an appropriate district court construed to limit or affect in any way the (i) ensuring that information requests to of the United States to enforce the provi- Federal Trade Commission’s authority to markets within the respective jurisdiction of sions of subsection (a)(1) or to impose the bring enforcement actions or take any other each agency are properly coordinated to civil penalties authorized by subsection measure under the Federal Trade Commis- minimize duplicative information requests; (c)(2)(a)(ii), whenever the attorney general of sion Act (15 U.S.C. 41 et seq.) or any other and the State has reason to believe that the in- provision of law. (ii) regarding the treatment of proprietary terests of the residents of the State have (2) STATE LAW.—Nothing in this section trading information. been or are being threatened or adversely af- preempts any State law. (B) CFTC JURISDICTION.—Nothing in this fected by a violation of this section or a reg- (g) MARKET TRANSPARENCY FOR CRUDE OIL, subsection may be construed to limit or af- ulation under this section. GASOLINE, AND PETROLEUM DISTILLATES.— fect the exclusive jurisdiction of the Com- (2) NOTICE.—The State shall serve written (1) IN GENERAL.—The Federal Trade Com- modity Futures Trading Commission under notice to the Federal Trade Commission of mission shall facilitate price transparency in the Commodity Exchange Act (7 U.S.C. 1 et any civil action under paragraph (1) prior to markets for the sale of crude oil and essen- seq.). initiating such civil action. The notice shall tial petroleum products at wholesale, having (5) RULEMAKING.—Within 180 days after the include a copy of the complaint to be filed to due regard for the public interest, the integ- date of enactment of this subsection, the initiate such civil action, except that if it is rity of those markets, fair competition, and Federal Trade Commission shall initiate a not feasible for the State to provide such the protection of consumers. rulemaking proceeding to establish such prior notice, the State shall provide such no- (2) MARKETPLACE TRANSPARENCY.— rules as the Commission determines to be

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.069 H07OCPT1 H8790 CONGRESSIONAL RECORD — HOUSE October 7, 2005 necessary and appropriate to carry out this in padding their bottom line than help- Mr. BARTON of Texas. Mr. Speaker, subsection. ing middle-class families make ends I claim the time in opposition to the (h) REPORT ON UNITED STATES ENERGY meet. motion to recommit. EMERGENCY PREPAREDNESS.— The SPEAKER pro tempore. The gen- (1) POTENTIAL IMPACTS REPORT.—Within 30 I urge my colleagues to stand up to days after the date of enactment of this sec- the oil companies and show hard- tleman from Texas (Mr. BARTON) is rec- tion, the Federal Trade Commission shall working Americans that we are in ognized for 5 minutes. transmit to the Congress a confidential re- their corner. Now is the time we must Mr. BARTON of Texas. Mr. Speaker, port describing the potential impact on do- act, to prove that their interests are I want to engage in a short colloquy mestic prices of crude oil, residual fuel oil, paramount, not the oil companies’. Our with the gentleman from New York and refined petroleum products that would price gouging provisions are superior (Mr. MCHUGH) concerning LIHEAP result from the disruption for periods of 1 to those of the underlying legislation, funding. week, 1 year, and 5 years, respectively, of not Mr. MCHUGH. Mr. Speaker, will the less than— and our provisions are in effect at (A) 30 percent of United States oil produc- every stage of the oil and gas produc- gentleman yield? tion; tion, covering everyone in the supply Mr. BARTON of Texas. I yield to the (B) 20 percent of United States refinery ca- chain. gentleman from New York. pacity; and Let us put an end to price gouging Mr. MCHUGH. Mr. Chairman, as you (C) 5 percent of global oil supplies. once and for all. Do not let another op- know, the high energy costs are having (2) PROJECTIONS AND POSSIBLE REMEDIES.— portunity go by without giving middle- a very negative effect on the Low In- The President shall include in the report— come Home Energy Assistance Pro- (A) projections of the impact any such dis- class families the relief that they so desperately need and deserve. If you gram, and many State LIHEAP pro- ruptions would be likely to have on the grams are expecting a major increase United States economy; and want to do the right thing for America (B) detailed and prioritized recommenda- here and now, vote for the motion to in applications and need for additional tions for remedies under each scenario cov- recommit. funding immediately to help ensure ered by the report. Mr. Speaker, I yield to the gentle- low-income families and seniors can af- Mr. BISHOP of New York (during the woman from Pennsylvania (Ms. ford to heat their homes. I recently joined with more than 100 reading). Mr. Speaker, I ask unanimous SCHWARTZ). of my colleagues in writing to the consent that the motion be considered Ms. SCHWARTZ of Pennsylvania. Mr. Committee on Appropriations Members as read and printed in the RECORD. Speaker, there is no doubt that the en- requesting $1.276 billion in additional The SPEAKER pro tempore. Is there tire Nation is paying a price for the as- LIHEAP funding, and I hope, Mr. objection to the request of the gen- tronomical costs of oil and gasoline, Chairman, that you would work with tleman from New York? and, Mr. Speaker, Pennsylvanians are me and other Members who share those There was no objection. no exception. Just yesterday, Philadel- concerns to make sure this very impor- The SPEAKER pro tempore. The gen- phia residents were told that their tant assistance program will be avail- tleman from New York (Mr. BISHOP) is home heating bills would increase by able to those who need it in the upcom- recognized for 5 minutes in support of 19.4 percent. That comes on top of dou- ing winter heating season. his motion. ble-digit price increases that they had Mr. BISHOP of New York. Mr. Speak- Mr. BARTON of Texas. Mr. Speaker, to absorb last year, and it means they er, 1 year ago, the price of a gallon of reclaiming my time, I support in- will pay on average an additional $335 gasoline in America was $1.94. The day creased LIHEAP funding and the En- to heat their homes this winter. before Hurricane Katrina struck, it was ergy Policy Act of 2005 the for LIHEAP Winter can be very cold in Pennsyl- $2.61. This difference shows that exorbi- funding from $2 billion to $5.1 billion. I vania, and if Congress fails to take im- tant increases began even before will work with the gentleman to help mediate action, some of my constitu- Katrina wreaked havoc on our econ- increase the amount of funds appro- ents will simply not have enough omy. The day after Katrina, prices priated for LIHEAP, to help those money to pay these high prices and jumped to $3.07. Today, our constitu- Americans, including those Americans may be forced to choose between heat- ents are looking toward their elected in your great State of New York, most ing their homes and putting food on representatives to rein in gas prices vulnerable to the higher energy costs their table. That, Mr. Speaker, is a de- once and for all. we are seeing today. Earlier this year, we passed up a cision that no American should be Mr. Speaker, I oppose the motion to golden opportunity to protect Ameri- forced to make. recommit. I know we are tired and cans from price gouging when we en- And it is more than just home heat- grumpy, and we want to go home and acted the first energy bill. If we pass ing costs. In the last 60 days, it has catch planes. this energy bill in its current form, we gotten a whole lot more expensive to Let me simply say that it appears to pass up that opportunity a second drive to and from work, with the price be the Stupak language on price time. Let us not make the same mis- of gasoline going up. It rose about 55 gouging that was in the Democratic take twice. cents in just the last 2 months. Higher substitute. If that is correct, we have In that spirit, we offer this motion to home heating costs, higher gas prices, already had the vote, and we have in recommit, which attacks soaring gas these are daily expenses for most the pending bill language that address- prices head on. Our motion achieves Americans, and they have real con- es price gouging. So I guess we just this objective by investing new author- sequences for families across this Na- have a difference of opinion. ity in the FTC to investigate, enforce tion and to our national economy. It reminds me of what Ginger Rogers and then punish price gouging and The bill under consideration today is said when she was asked to comment market manipulation. simply another giveaway for special in- on what a great dancer Fred Astaire Specifically, our motion prohibits terests, and it comes at the expense of was. She said, ‘‘Yes, but I do it, and I the sale of crude oil, gasoline, natural hardworking Americans. do it in high heels backwards.’’ gas or any other petroleum distillates The gentleman from New York (Mr. So we both agree on both sides of the at a price that is considered either un- BISHOP) and I stand here today offering aisle that we need to do something conscionably excessive or indicates the a way to give the Federal Government about price gouging. I would say the seller is taking unfair advantage of the the authority to investigate and punish base bill before us does it a little bit circumstances to increase prices unrea- those using anti-competitive practices. more eloquently, and it does it so that sonably. It ensures immediate action to address we can actually get to the root cause Any violation will result in new civil the concerns of our constituents suf- without preempting the States. penalties, and will be enforced with up fering from the high price of energy. Mr. Speaker, I urge a ‘‘no’’ vote on to triple the damages of the profits Support the Bishop motion to recom- the motion to recommit. gained by the violation. Unlike the un- mit and report this bill back to com- The SPEAKER pro tempore. Without derlying bill, this motion has teeth by mittee so we can adequately address objection, the previous question is or- reining in scrupulous practices of the price gouging and reduce costs for ev- dered on the motion to recommit. oil and gas executives, interested more eryday Americans. There was no objection.

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.069 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8791 The SPEAKER pro tempore. The NOES—222 The question was taken; and the question is on the motion to recommit. Aderholt Gilchrest Ney Speaker pro tempore announced that Akin Gillmor Northup the ayes appeared to have it. The question was taken; and the Alexander Gingrey Nunes Speaker pro tempore announced that Bachus Gohmert Nussle RECORDED VOTE the noes appeared to have it. Baker Goode Osborne Mr. DELAY. Mr. Speaker, I demand a Barrett (SC) Goodlatte Otter recorded vote. RECORDED VOTE Bartlett (MD) Granger Oxley Barton (TX) Graves Paul A recorded vote was ordered. Mr. BISHOP of New York. Mr. Speak- Bass Green (WI) Pearce The SPEAKER pro tempore. This er, I demand a recorded vote. Biggert Gutknecht Pence will be a 5-minute vote. Bilirakis Hall Peterson (PA) The vote was taken by electronic de- A recorded vote was ordered. Bishop (UT) Harris Petri Blackburn Hart Pickering vice, and there were—ayes 212, noes 210, The SPEAKER pro tempore. Pursu- Blunt Hastert Pitts not voting 12, as follows: Boehlert Hastings (WA) ant to clause 8 and clause 9 of rule XX, Platts [Roll No. 519] this 15-minute vote on the motion to Boehner Hayes Poe Bonilla Hayworth Pombo AYES—212 recommit will be followed by 5-minute Bonner Hefley Porter Aderholt Gillmor Nunes Bono Hensarling votes on passage of H.R. 3893, if or- Price (GA) Akin Gingrey Nussle Boozman Herger dered, and on the motion to suspend Pryce (OH) Alexander Gohmert Osborne Boustany Hobson Putnam Bachus Goode Otter the rules on H. Con. Res. 248. Bradley (NH) Hoekstra Radanovich Baker Goodlatte Brady (TX) Oxley The vote was taken by electronic de- Hostettler Ramstad Barrett (SC) Granger Brown (SC) Pearce Hulshof Regula Bartlett (MD) Graves vice, and there were—ayes 200, noes 222, Brown-Waite, Pence Hunter Rehberg Barton (TX) Green (WI) not voting 12, as follows: Ginny Peterson (PA) Hyde Reichert Bass Gutknecht Burgess Petri Inglis (SC) Renzi Biggert Hall [Roll No. 518] Burton (IN) Pickering Issa Reynolds Bilirakis Harris Buyer Pitts Istook Rogers (AL) Bishop (UT) Hart AYES—200 Calvert Platts Jenkins Rogers (KY) Blackburn Hastert Camp Jindal Poe Abercrombie Green, Gene Napolitano Rogers (MI) Blunt Hastings (WA) Cannon Johnson (CT) Pombo Ackerman Grijalva Oberstar Rohrabacher Boehner Hayes Cantor Johnson (IL) Porter Allen Gutierrez Obey Ros-Lehtinen Bonilla Hayworth Capito Johnson, Sam Price (GA) Andrews Harman Ortiz Ryan (WI) Bonner Hefley Carter Jones (NC) Pryce (OH) Baca Herseth Owens Ryun (KS) Bono Hensarling Castle Keller Putnam Baird Higgins Pallone Saxton Boozman Herger Chabot Kelly Radanovich Baldwin Hinchey Pascrell Schmidt Boustany Hobson Chocola Kennedy (MN) Ramstad Barrow Hinojosa Pastor Sensenbrenner Brady (TX) Hoekstra Coble King (IA) Regula Bean Holden Pelosi Sessions Brown (SC) Hostettler Cole (OK) King (NY) Rehberg Becerra Holt Peterson (MN) Shadegg Brown-Waite, Hulshof Conaway Berkley Honda Pomeroy Kingston Ginny Hunter Reichert Crenshaw Shaw Berman Hooley Price (NC) Kirk Burgess Hyde Renzi Cubin Sherwood Berry Hoyer Rahall Kline Burton (IN) Inglis (SC) Reynolds Culberson Shimkus Bishop (GA) Inslee Rangel Knollenberg Buyer Issa Rogers (AL) Cunningham Shuster Bishop (NY) Israel Reyes Kolbe Calvert Istook Rogers (KY) Davis (KY) Simmons Blumenauer Jackson (IL) Ross Kuhl (NY) Camp Jenkins Rogers (MI) Davis, Jo Ann Simpson Boren Jackson-Lee Rothman LaHood Cannon Jindal Rohrabacher Davis, Tom Smith (NJ) Boucher (TX) Roybal-Allard Latham Cantor Johnson (CT) Ros-Lehtinen DeLay Smith (TX) Boyd Jefferson Ruppersberger LaTourette Capito Johnson, Sam Ryan (WI) Dent Sodrel Brady (PA) Johnson, E. B. Rush Leach Carter Keller Ryun (KS) Diaz-Balart, L. Souder Brown (OH) Jones (OH) Ryan (OH) Lewis (CA) Chabot Kelly Schmidt Diaz-Balart, M. Stearns Brown, Corrine Kanjorski Sabo Lewis (KY) Chocola Kennedy (MN) Sensenbrenner Doolittle Linder Sullivan Butterfield Kaptur Salazar Coble King (IA) Sessions Drake Lucas Tancredo Capps Kennedy (RI) Sa´ nchez, Linda Cole (OK) King (NY) Shadegg Dreier Lungren, Daniel Taylor (NC) Capuano Kildee T. Conaway Kingston Shaw Duncan E. Terry Cardin Kilpatrick (MI) Sanchez, Loretta Crenshaw Kirk Sherwood Ehlers Mack Thomas Cardoza Kind Sanders Cubin Kline Shimkus Emerson Thornberry Carnahan Kucinich Schakowsky Manzullo Culberson Knollenberg English (PA) Tiahrt Shuster Carson Langevin Schiff Marchant Cunningham Kolbe Everett Tiberi Simmons Case Lantos Schwartz (PA) McCaul (TX) Davis (KY) Kuhl (NY) Feeney Turner Simpson Chandler Larsen (WA) Scott (GA) McCotter Davis, Jo Ann Latham Ferguson Upton Smith (TX) Clay Larson (CT) Scott (VA) McCrery Davis, Tom LaTourette Fitzpatrick (PA) Walden (OR) Sodrel Cleaver Lee Serrano McHenry DeLay Lewis (CA) Flake Walsh Souder Clyburn Levin Shays McHugh Dent Lewis (KY) Foley Wamp Stearns Conyers Lewis (GA) Sherman McKeon Diaz-Balart, L. Linder Forbes Weldon (FL) Sullivan Cooper Lipinski Skelton McMorris Diaz-Balart, M. Lucas Fortenberry Weller Sweeney Costa LoBiondo Slaughter Mica Doolittle Lungren, Daniel Fossella Westmoreland Tancredo Costello Lofgren, Zoe Smith (WA) Miller (FL) Drake E. Foxx Whitfield Taylor (NC) Cramer Lowey Snyder Miller (MI) Dreier Mack Franks (AZ) Wicker Terry Crowley Lynch Solis Miller, Gary Duncan Manzullo Frelinghuysen Wilson (NM) Thomas Cuellar Maloney Spratt Moran (KS) Ehlers Marchant Gallegly Wilson (SC) Thornberry Cummings Markey Stark Murphy Emerson McCaul (TX) Garrett (NJ) Wolf Tiahrt Davis (AL) Marshall Strickland Musgrave English (PA) McCotter Gerlach Young (AK) Davis (CA) Matheson Stupak Myrick Everett McCrery Tiberi Gibbons Young (FL) Davis (FL) Matsui Sweeney Neugebauer Feeney McHenry Turner Davis (IL) McCarthy Tanner Upton NOT VOTING—12 Ferguson McHugh Davis (TN) McCollum (MN) Tauscher Flake McKeon Walden (OR) DeFazio McDermott Taylor (MS) Beauprez Hastings (FL) Payne Foley McMorris Walsh DeGette McGovern Thompson (CA) Boswell Neal (MA) Royce Forbes Mica Wamp DeLauro McIntyre Thompson (MS) Deal (GA) Norwood Schwarz (MI) Fortenberry Miller (FL) Weldon (FL) Dicks McKinney Tierney Delahunt Olver Weldon (PA) Fossella Miller (MI) Weller Dingell McNulty Towns Foxx Miller, Gary Westmoreland ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Doggett Meehan Udall (CO) Franks (AZ) Moran (KS) Whitfield Doyle Meek (FL) Udall (NM) The SPEAKER pro tempore (Mr. Frelinghuysen Murphy Wicker Edwards Meeks (NY) Van Hollen SIMPSON) (during the vote). Members Gallegly Musgrave Wilson (NM) Emanuel Melancon Vela´ zquez are advised that 2 minutes remain in Garrett (NJ) Myrick Wilson (SC) Engel Menendez Visclosky Gerlach Neugebauer Wolf Eshoo Michaud Wasserman this vote. Gibbons Ney Young (AK) Etheridge Millender- Schultz Gilchrest Northup Young (FL) Evans McDonald Waters b 1358 Farr Miller (NC) Watson NOES—210 Fattah Miller, George Watt So the motion to recommit was re- jected. Abercrombie Baldwin Berry Filner Mollohan Waxman Ackerman Barrow Bishop (GA) Ford Moore (KS) Weiner The result of the vote was announced Allen Bean Bishop (NY) Frank (MA) Moore (WI) Wexler as above recorded. Andrews Becerra Blumenauer Gonzalez Moran (VA) Woolsey The SPEAKER pro tempore. The Baca Berkley Boehlert Gordon Murtha Wu Baird Berman Boren Green, Al Nadler Wynn question is on the passage of the bill.

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.076 H07OCPT1 H8792 CONGRESSIONAL RECORD — HOUSE October 7, 2005 Boucher Hoyer Pascrell Mr. HOYER. We have passed that, is Mr. MENENDEZ. Mr. Speaker, is the Boyd Inslee Pastor my understanding, Mr. Speaker. discretion of the Chair or the abuse of Bradley (NH) Israel Pelosi Brady (PA) Jackson (IL) Peterson (MN) The SPEAKER pro tempore. The the discretion of the Chair and the Brown (OH) Jackson-Lee Pomeroy Chair is exercising his discretion as to abuse of power subject to a vote of the Brown, Corrine (TX) Price (NC) when the vote has been completed. House to continue this vote open? Be- Butterfield Jefferson Rahall Capps Johnson (IL) PARLIAMENTARY INQUIRY cause we have a history on this House Rangel floor of illegalities taking place to Capuano Johnson, E. B. Reyes Mr. SANDERS (during the vote). Mr. Cardin Jones (NC) Ross Speaker, parliamentary inquiry. change people’s vote. Is the discretion Cardoza Jones (OH) Rothman of the Chair and an abuse of the discre- Carnahan Kanjorski The SPEAKER pro tempore. The gen- Roybal-Allard Carson Kaptur tleman may state his inquiry. tion of the Chair subject to a ruling Ruppersberger Case Kennedy (RI) and a vote by this House? Rush Mr. SANDERS. How long was this Castle Kildee vote for? The SPEAKER pro tempore. The Chandler Kilpatrick (MI) Ryan (OH) Sabo The SPEAKER pro tempore. There is Chair has affirmed that the rules estab- Clay Kind lish a minimum duration of the vote; Cleaver Kucinich Salazar no maximum time for a vote. Clyburn LaHood Sa´ nchez, Linda the rules do not set a maximum dura- T. Mr. SANDERS. My understanding is Conyers Langevin this was a 5-minute vote; is that cor- tion; and the Chair intends to bring the Cooper Lantos Sanchez, Loretta vote to a close at such time as he be- Sanders rect? Costa Larsen (WA) lieves that Members have finished vot- Costello Larson (CT) Saxton The SPEAKER pro tempore. The rule Cramer Leach Schakowsky specifies only a minimum time for vot- ing. Crowley Lee Schiff The Chair feels that further par- ing, which on this vote is 5 minutes. Cuellar Levin Schwartz (PA) liamentary inquiry at this stage of the Mr. SANDERS. And how many min- Cummings Lewis (GA) Scott (GA) proceedings is not constructive. Davis (AL) Lipinski Scott (VA) utes have elapsed? How many minutes PARLIAMENTARY INQUIRY Davis (CA) LoBiondo Serrano have elapsed since the vote was called? Davis (FL) Lofgren, Zoe Shays Mr. HOYER (during the vote). Mr. The SPEAKER pro tempore. Four- Davis (IL) Lowey Sherman Speaker, parliamentary inquiry. Davis (TN) Lynch Skelton teen. The SPEAKER pro tempore (Mr. DeFazio Maloney Slaughter Mr. SANDERS. Fourteen for a 5- SIMPSON). The gentleman will state his DeGette Markey Smith (NJ) minute vote. I thank the Chair. DeLauro Marshall Smith (WA) inquiry. Dicks Matheson Snyder PARLIAMENTARY INQUIRIES Mr. HOYER. Mr. Speaker, I am in- Dingell Matsui Solis Mr. MARKEY (during the vote). Mr. formed by the tally clerk that every Doggett McCarthy Spratt Doyle McCollum (MN) Speaker, parliamentary inquiry. Member of Congress who is in town has Stark The SPEAKER pro tempore (Mr. Edwards McDermott Strickland voted. Has voted. Has voted. Emanuel McGovern Stupak SIMPSON). The gentleman may inquire. The SPEAKER pro tempore. Does the Engel McIntyre Tanner Mr. MARKEY. Mr. Speaker, I observe gentleman have a parliamentary in- Eshoo McKinney Tauscher Etheridge McNulty that we are operating in a 5-minute quiry? Taylor (MS) Evans Meehan vote, and we are now nearing 20 min- Mr. HOYER. I do have a parliamen- Thompson (CA) Farr Meek (FL) Thompson (MS) utes for this vote to have been com- tary inquiry. In that instance, is it not Fattah Meeks (NY) Tierney pleted. Mr. Speaker, where does the appropriate, once the people have spo- Filner Melancon Towns Fitzpatrick (PA) Menendez point at which at the discretion of the ken through their representatives in Ford Michaud Udall (CO) Chair is no longer being used for the this House, to bring the vote to a Udall (NM) Frank (MA) Millender- convenience of the Members but in- close? Gonzalez McDonald Van Hollen ´ The SPEAKER pro tempore. That is Gordon Miller (NC) Velazquez stead in order to abuse the discretion Green, Al Miller, George Visclosky that the Chair has in keeping—— a hypothetical question. The Chair will Green, Gene Mollohan Wasserman The SPEAKER pro tempore. The not answer a hypothetical question. Schultz Grijalva Moore (KS) Chair will inform the gentleman that Mr. HOYER. I do not think that is Gutierrez Moore (WI) Waters hypothetical. That is the fact. Watson the rules do not set a maximum dura- Harman Moran (VA) The SPEAKER pro tempore. As pre- Herseth Murtha Watt tion for the vote. The Chair intends to viously stated, the Chair intends to Higgins Nadler Waxman bring the vote to a close at such time Hinchey Napolitano Weiner bring the vote to a close at such time as he believes Members have finished Hinojosa Oberstar Weldon (PA) as he believes that Members have fin- Holden Obey Wexler voting. Woolsey ished voting. Have finished voting. Holt Ortiz Mr. FRANK of Massachusetts. Mr. Mr. HOYER. I thank the Speaker. I Honda Owens Wu Speaker, parliamentary inquiry. Hooley Pallone Wynn am disappointed at the response, but I The SPEAKER pro tempore. The gen- understand it. NOT VOTING—12 tleman will state his inquiry. PARLIAMENTARY INQUIRY Beauprez Hastings (FL) Paul Mr. FRANK of Massachusetts. Mr. Mr. WAXMAN (during the vote). Par- Boswell Neal (MA) Payne Speaker, my question is in the current Deal (GA) Norwood Royce liamentary inquiry, Mr. Speaker. When Delahunt Olver Schwarz (MI) uncertainty, do you know which Mem- a bill does not have a hearing—— bers the leadership from whom you are The SPEAKER pro tempore. Does the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE to take instruction to close the The SPEAKER pro tempore (Mr. gentleman have a parliamentary in- vote—— quiry? SIMPSON) (during the vote). Members The SPEAKER pro tempore. The gen- are advised that 2 minutes remain in Mr. WAXMAN. I do have an inquiry. tleman has not stated a proper par- The SPEAKER pro tempore. The gen- this vote. liamentary inquiry. tleman may state a parliamentary in- PARLIAMENTARY INQUIRY Mr. LEVIN. Mr. Speaker, parliamen- quiry. Mr. HOYER (during the vote). Mr. tary inquiry. Mr. WAXMAN. When there is a mark- Speaker, Members have planes to The SPEAKER pro tempore. The gen- up without Members having more than catch, as you well know; and I am just tleman may inquire. a day to review it; when the bill is re- wondering if you could advise us as to Mr. LEVIN. Mr. Speaker, the all-time written and put on the House floor the time frame of this vote. world’s record for a vote was 3 hours without Members having had a chance The SPEAKER pro tempore. Does the for the prescription drug Medicare bill. to review it; when the vote is held open gentleman have a parliamentary in- Do we anticipate beating that today? a long period of time after the time has quiry? The SPEAKER pro tempore. The gen- expired, does that not make the House Mr. HOYER. The parliamentary in- tleman has not stated a proper par- a banana republic? quiry would be how long, under par- liamentary inquiry. The SPEAKER pro tempore. The gen- liamentary procedure, will this vote Mr. LEVIN. I am sorry, Mr. Speaker. tleman is not stating a parliamentary continue? Mr. MENENDEZ. Mr. Speaker, par- inquiry. The SPEAKER pro tempore. The liamentary inquiry. PARLIAMENTARY INQUIRY rules specify only a minimum time for The SPEAKER pro tempore. The gen- Mr. DINGELL (during the vote). Mr. the vote. tleman may inquire. Speaker, parliamentary inquiry.

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.071 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8793 The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The Pastor Salazar Tancredo tleman may inquire. question is on the motion offered by Paul Sa´ nchez, Linda Tanner Pearce T. Tauscher Mr. DINGELL. Mr. Speaker, I have a the gentleman from New Jersey (Mr. Pelosi Sanchez, Loretta Taylor (MS) plane to catch in about 1 hour. Am I SMITH) that the House suspend the Petri Sanders Thomas going to be able to make it? rules and agree to the concurrent reso- Pickering Saxton Thompson (CA) Pitts Schakowsky The SPEAKER pro tempore. That is lution, H. Con. Res. 248, as amended, on Thompson (MS) Platts Schiff Thornberry not a parliamentary inquiry. which the yeas and nays are ordered. Poe Schmidt Tiahrt Mr. DINGELL. Will my colleagues be This will be a 5-minute vote. Pomeroy Schwartz (PA) Tierney Porter Scott (GA) Towns able to make it? Will the vote be ended The vote was taken by electronic de- Price (GA) Scott (VA) by that time? Turner vice, and there were—yeas 354, nays 0, Price (NC) Sensenbrenner Udall (CO) The SPEAKER pro tempore. That is not voting 79, as follows: Pryce (OH) Serrano Udall (NM) not a parliamentary inquiry. Putnam Sessions Upton [Roll No. 520] Radanovich Shadegg Van Hollen PARLIAMENTARY INQUIRY Rahall Shaw YEAS—354 Vela´ zquez Ramstad Shays Ms. PELOSI (during the vote). Mr. Visclosky Abercrombie Dent Keller Rangel Sherman Walden (OR) Speaker, parliamentary inquiry. Aderholt Diaz-Balart, L. Kelly Regula Sherwood Wasserman The SPEAKER pro tempore. The gen- Akin Diaz-Balart, M. Kennedy (MN) Rehberg Shimkus Schultz tlewoman may inquire. Alexander Dingell Kennedy (RI) Reichert Shuster Allen Doggett Kildee Watt Ms. PELOSI. Mr. Speaker, my par- Renzi Simmons Andrews Doolittle Kilpatrick (MI) Reyes Simpson Waxman liamentary inquiry is: Is it not bring- Baca Doyle Kind Reynolds Skelton Weiner ing dishonor to the House of Represent- Baird Drake King (IA) Rogers (AL) Slaughter Weldon (FL) atives for this body to act in the Baker Dreier Kingston Rogers (KY) Smith (NJ) Weldon (PA) Baldwin Duncan Kirk Rogers (MI) Smith (TX) Weller shameful way that it is? Is it not part Barrett (SC) Edwards Kline Rohrabacher Smith (WA) Wexler of the culture of corruption of the Re- Barrow Ehlers Knollenberg Ros-Lehtinen Snyder Whitfield publican Party to dishonor the wishes Bartlett (MD) Emanuel Kolbe Ross Sodrel Wilson (NM) Barton (TX) Emerson Kucinich of the American people? Rothman Solis Wilson (SC) Bass Engel Kuhl (NY) Roybal-Allard Souder Wolf The SPEAKER pro tempore. Does the Bean English (PA) Langevin Ruppersberger Spratt Woolsey gentlewoman have a parliamentary in- Becerra Etheridge Lantos Rush Stearns Wu quiry? Berkley Evans Larsen (WA) Ryan (OH) Strickland Wynn Berman Farr Latham Ryan (WI) Sullivan Young (AK) Ms. PELOSI. I have a parliamentary Berry Fattah LaTourette Ryun (KS) Sweeney Young (FL) inquiry. Biggert Ferguson Leach Bilirakis Fitzpatrick (PA) Lee NOT VOTING—79 PARLIAMENTARY INQUIRY Bishop (GA) Flake Levin Ackerman Frelinghuysen Ney Mr. THOMAS (during the vote). Par- Bishop (NY) Foley Lewis (CA) Bachus Gillmor Norwood Bishop (UT) Forbes Lewis (GA) liamentary inquiry, Mr. Speaker. Beauprez Goode Nussle Blumenauer Ford Lewis (KY) Blackburn Granger Olver Based upon the statement of the gen- Blunt Fortenberry Linder Boswell Graves Osborne tleman from Maryland that everyone Boehlert Fossella Lipinski Boucher Green (WI) Oxley had voted and that therefore the vote Boehner Frank (MA) LoBiondo Brady (TX) Gutierrez Bonilla Franks (AZ) Lofgren, Zoe Pascrell should have been closed—— Brown-Waite, Harris Payne Bonner Gallegly Lowey Ginny Hastings (FL) The SPEAKER pro tempore. Does the Bono Garrett (NJ) Lucas Pence Capps Hinchey Peterson (MN) gentleman have a parliamentary in- Boozman Gerlach Lungren, Daniel Carson Hooley Peterson (PA) quiry? Boren Gibbons E. Cleaver Israel Pombo Boustany Gilchrest Mack Clyburn Jenkins The Chair will recognize Members for Royce Boyd Gingrey Maloney Coble Johnson (IL) appropriate parliamentary inquiries. Sabo Bradley (NH) Gohmert Manzullo Davis (FL) King (NY) PARLIAMENTARY INQUIRY Brady (PA) Gonzalez Markey Davis (TN) LaHood Schwarz (MI) Brown (OH) Goodlatte Marshall Stark Mr. WAXMAN (during the vote). Par- Davis, Jo Ann Larson (CT) Brown (SC) Gordon Matheson Deal (GA) Lynch Stupak liamentary inquiry, Mr. Speaker. Brown, Corrine Green, Al Matsui DeFazio Marchant Taylor (NC) The SPEAKER pro tempore. The gen- Burgess Green, Gene McCaul (TX) Delahunt McCarthy Terry Burton (IN) Grijalva McCollum (MN) DeLauro McDermott Tiberi tleman may inquire. Butterfield Gutknecht McCotter Mr. WAXMAN. After the votes have Dicks Meehan Walsh Buyer Hall McCrery Eshoo Mica Wamp been cast, is it not appropriate to an- Calvert Harman McGovern Everett Moran (KS) Waters nounce the votes? Camp Hart McHenry Feeney Murtha Watson Cannon Hastings (WA) McHugh The SPEAKER pro tempore. As pre- Filner Musgrave Westmoreland Cantor Hayes McIntyre Foxx Neal (MA) Wicker viously stated, the Chair intends to Capito Hayworth McKeon bring the vote to a close at such time Capuano Hefley McKinney b 1453 Cardin Hensarling McMorris as he believes that all Members have Cardoza Herger McNulty So (two-thirds having voted in favor finished voting. Carnahan Herseth Meek (FL) thereof) the rules were suspended and Carter Higgins Meeks (NY) b 1442 the concurrent resolution, as amended, Case Hinojosa Melancon was agreed to. Messrs. MOLLOHAN, CUELLAR, Castle Hobson Menendez Chabot Hoekstra Michaud The result of the vote was announced GENE GREEN of Texas, and BRADLEY Chandler Holden Millender- as above recorded. of New Hampshire changed their vote Chocola Holt McDonald A motion to reconsider was laid on from ‘‘yea’’ to ‘‘nay.’’ Clay Honda Miller (FL) Cole (OK) Hostettler Miller (MI) the table. So the bill was passed. Conaway Hoyer Miller (NC) Stated for: The result of the vote was announced Conyers Hulshof Miller, Gary Mr. PENCE. Mr. Speaker, I was detained as above recorded. Cooper Hunter Miller, George this afternoon. Had I been present, I would A motion to reconsider was laid on Costa Hyde Mollohan Costello Inglis (SC) Moore (KS) have voted in the following manner: Rollcall the table. Cramer Inslee Moore (WI) 520 (On Passage—H. Con. Res. 248)—‘‘yea.’’ f Crenshaw Issa Moran (VA) Mr. GREEN of Wisconsin. Mr. Speaker, had Crowley Istook Murphy I been present, I would have voted ‘‘yea’’ on HONORING THE LIFE AND WORK Cubin Jackson (IL) Myrick rollcall 520. OF SIMON WIESENTHAL Cuellar Jackson-Lee Nadler Culberson (TX) Napolitano Mr. GUTIERREZ. Mr. Speaker, I was un- The SPEAKER pro tempore. The un- Cummings Jefferson Neugebauer avoidably absent from this Chamber for one Cunningham Jindal Northup finished business is the question of sus- Davis (AL) Johnson (CT) Nunes rollcall vote today. I would like the RECORD to pending the rules and agreeing to the Davis (CA) Johnson, E. B. Oberstar show that, had I been present, I would have concurrent resolution, H. Con. Res. 248, Davis (IL) Johnson, Sam Obey voted ‘‘yea’’ on rollcall vote 520. as amended. Davis (KY) Jones (NC) Ortiz Mr. LARSON of Connecticut. Mr. Speaker, I Davis, Tom Jones (OH) Otter The Clerk read the title of the con- DeGette Kanjorski Owens was unable to vote on H. Con. Res. 248, hon- current resolution. DeLay Kaptur Pallone oring the life and work of Simon Wiesenthal

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 7634 Sfmt 9920 E:\CR\FM\K07OC7.083 H07OCPT1 H8794 CONGRESSIONAL RECORD — HOUSE October 7, 2005 and reaffirming the commitment of Congress it adjourn to meet at noon on the third the case over the course of the admin- to the fight against anti-Semitism and intoler- constitutional day thereafter, unless it istration of the Community Disaster ance in all forms, in all forums, and in all na- sooner has received a message from the Loan Program. The bill as now con- tions. Had I been present I would have voted Senate transmitting its concurrence in structed does not permit the waiver of ‘‘yea’’ on rollcall vote No. 520. House Concurrent Resolution 263, in repayment of these loan obligations. Mr. CLEAVER. Mr. Speaker, I was unavoid- which case the House shall stand ad- This will in effect create a $700 million ably detained from the Chamber today during journed pursuant to that concurrent loan program which must be repaid by rollcall vote 520. Had I been present, I would resolution. the communities which have suffered have voted ‘‘yea.’’ The SPEAKER pro tempore (Mr. the Katrina-Rita losses without a limit Mrs. CAPPS. Mr. Speaker, I was not able to SIMPSON). Is there objection to the re- as to the $5 million cap on a per-loan be present for the following rollcall vote and quest of the gentleman from Lou- consideration. would like the RECORD to reflect that I would isiana? Mr. OBERSTAR. Further reserving have voted as follows: Rollcall No. 520— There was no objection. the right to object, and I thank the ‘‘yea.’’ f gentleman for that explanation. Ear- Mr. JOHNSON of Illinois. Mr. Speaker, on lier this week, under the leadership of DISPENSING WITH CALENDAR rollcall No. 520 I was inadvertently detained. our chairman of the Subcommittee on WEDNESDAY BUSINESS ON Had I been present, I would have vote ‘‘yea.’’ Water Resources of the Committee on WEDNESDAY, OCTOBER 19, 2005 Mr. MICA. Mr. Speaker, I was unavoidably Transportation and Infrastructure, the detained and was unable to vote on rollcall Mr. BAKER. Mr. Speaker, I ask gentleman from Tennessee (Mr. DUN- 520. Had I been present, I would have voted unanimous consent that the business CAN), 10 House Members traveled to the ‘‘yea’’ on this measure. in order under the Calendar Wednesday three principally affected Gulf States Mr. FILNER. Mr. Speaker, on rollcall No. rule be dispensed with on Wednesday, to see firsthand the effects of Hurri- 520, on H. Con. Res. 248, I was in route to October 19, 2005. cane Katrina. my Congressional District on official business. The SPEAKER pro tempore. Is there We met with officials in Baton Rouge Had I been present, I would have vote ‘‘yea.’’ objection to the request of the gen- at the Joint Operation Center for New f tleman from Louisiana? Orleans and then on through Mis- There was no objection. sissippi and Alabama, during which PROVIDING FOR AN ADJOURN- f session the gentleman from Louisiana MENT OR RECESS OF THE TWO (Mr. BAKER) made, I thought, a superb, HOUSES COMMUNITY DISASTER LOAN ACT OF 2005 a superlative presentation of the his- Mr. BAKER. Mr. Speaker, I offer a tory of the storm and the disastrous af- privileged concurrent resolution (H. Mr. BAKER. Mr. Speaker, I ask fects of Katrina and the consequences Con. Res. 263) and ask for its imme- unanimous consent to take from the on the people and the businesses and diate consideration. Speaker’s table the Senate bill (S. 1858) the need for reconstruction. The Clerk read the concurrent reso- to provide for community disaster Citizens of the Gulf States are doing lution, as follows: loans, and ask for its immediate con- everything they can to pick up where H. CON. RES. 263 sideration in the House. the storm left off and rebuild their Resolved by the House of Representatives (the The Clerk read the title of the Senate lives. As we saw, nearly a month after Senate concurring), bill. the storm, they are still hurting. After That when the House adjourns on the legis- The SPEAKER pro tempore. Is there 5 weeks of debris removal, the debris lative day of Friday, October 7, 2005, or Sat- objection to the request of the gen- remaining is overwhelming. urday, October 8, 2005, on a motion offered tleman from Louisiana? pursuant to this concurrent resolution by its Mr. OBERSTAR. Mr. Speaker, reserv- b 1500 Majority Leader or his designee, it stand ad- ing the right to object, under my res- Local governments’ tax base is gone. journed until 2 p.m. on Monday, October 17, ervation, I ask the gentleman from In our meeting with Mayor Nagin, the 2005, or until the time of any reassembly pur- suant to section 2 of this concurrent resolu- Louisiana (Mr. BAKER) to explain the mayor of New Orleans, he pointed out tion, whichever occurs first; and that when substance of the bill. that the city of New Orleans accounts the Senate recesses or adjourns on Friday, Mr. BAKER. Mr. Speaker, will the for 35 percent of the total economy of October 7, 2005, or Saturday, October 8, 2005, gentleman yield? the State of Louisiana. on a motion offered pursuant to this concur- Mr. OBERSTAR. I yield to the gen- Of course, we also know very well rent resolution by its Majority Leader or his tleman from Louisiana. that New Orleans is the world’s most designee, it stand recessed or adjourned until Mr. BAKER. Mr. Speaker, there is important grain export facility. Yet noon on Monday, October 17, 2005, or at such within the construction of FEMA a grain is backed up all along the Mis- other time on that day as may be specified loan program called the Community sissippi, the soybean crop coming in by its Majority Leader or his designee in the motion to recess or adjourn, or until the Disaster Loan Program. Currently as that will not be able to move until New time of any reassembly pursuant to section 2 constructed, there is a $5 million limit Orleans is able to operate. of this concurrent resolution, whichever oc- per loan per community under the In the course of our meeting, Mayor curs first. rules that govern distributions of these Nagin said, with a heavy heart, with SEC. 2. The Speaker of the House and the loans. There is also a funding limita- candor, that he had to leave that meet- Majority Leader of the Senate, or their re- tion of some considerable concern in ing and go to another news conference spective designees, acting jointly after con- light of the community needs pursuant to announce layoff of half of the mu- sultation with the Minority Leader of the to Hurricanes Katrina and Rita. nicipal workforce of New Orleans be- House and the Minority Leader of the Sen- ate, shall notify the Members of the House The purpose of this legislation is to cause the city has no revenue coming and the Senate, respectively, to reassemble designate $700 million of previously ap- in and no ability to pay its workforce. at such place and time as they may des- propriated funds for the purpose of But it was not just New Orleans. We ignate if, in their opinion, the public interest making them available under the pro- heard that in Bay St. Louis, we heard shall warrant it. visions of the current Community Dis- it in Biloxi, we heard it in Mobile. We The concurrent resolution was agreed aster Loan Program. saw the pain. This legislation is des- to. Secondly, the bill would waive the $5 perately needed. I support the transfer A motion to reconsider was laid on million arbitrary cap in light of the of $750 million already appropriated in the table. current need, but only as to the $700 the emergency supplemental of Sep- f million specified, and only as to the tember 8, transferring that money to final disposition of the need for Hurri- FEMA, to the community disaster loan CONDITIONAL ADJOURNMENT OF canes Katrina and Rita. program. THE HOUSE Pursuant to those modifications, the I support waiver of the current $5 Mr. BAKER. Mr. Speaker, I ask Senate has also adopted a provision million cap, but I think it is hard to unanimous consent that when the which would not allow the waiver of re- swallow the insistence by the Office of House adjourns on this legislative day, payment which has been historically Management and Budget that the loan

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.073 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8795 forgiveness provision is discontinued. I Mr. OBERSTAR. Further reserving Senator VITTER worked in this House look back over the major hurricanes of the right to object, I appreciate the for 6 years and knows this leadership. the last decade and a half: 1889, Hurri- gentleman’s predicament and position, He has placed the blame squarely at cane Hugo, Virgin Islands, $50 million but I am also quite certain that within their feet, and I think they owe the en- forgiven; 1992, Hurricane Andrew, our committee, we will revisit this tire gulf coast a explanation. Who is Homestead, Florida, $10 million for- issue. I certainly intend to take the this compromise supposed to help, and given; Kauai in Hawaii, 1992, $50 mil- first opportunity to do so to correct why is it being done on the backs of lion, Hurricane Iniki, forgiven; Virgin what I think is an imbalance. those who need the help the most? Why Islands, 1995, Hurricane Marilyn, $127 Mr. Speaker, I am happy to yield to have 90 percent of previous loans been million, forgiven. Every penny, prin- the gentleman from Louisiana (Mr. forgiven, and why will loans for future MELANCON) under my reservation. cipal and interest, forgiven. They need- disasters be forgiven but not these? ed it. It was desperate for those com- Mr. MELANCON. Mr. Speaker, I am munities. They needed the loan for- new to the House, so maybe I should I will have to support this, Mr. giveness. not be so shocked, so disappointed at Speaker. Then I am going to go back The damage from Katrina as we have what I have seen and heard this week. home, look my local leaders in the eye seen is unprecedented. It is heart- Maybe failing to address critical needs and tell them to take the money and breaking, it is devastating. It has af- in a crisis is normal here. Maybe if I run. Their Federal Government let fected the gentleman from Louisiana had been here a few terms, I would un- them down again, just like we failed in personally, his family, his constitu- derstand that is just part of the job to the early days after this storm. They ents. It has affected my own family. smile when you get nothing and then will be asked in 3 years to pay back the My wife’s brothers still live in New Or- you say it is a good compromise. money, and that should have been a leans. One completely lost his home Maybe with a little seniority, I would gift. and a second home in Pass Christian. understand what it means to be a Mem- The situation in Slidell, Louisiana, ber of the House of Representatives, to My advice to them, again, will be they would be eligible for a loan of $5 shake a lot of hands, make speeches on take the money and run. Spend it on million. But if they do not recover the floor, and deeply hope that your your sheriffs’ deputies, your fire- within 3 years, the loan and interest district ends up okay. fighters, your public hospitals. Spend under current law must be forgiven. But I am new to this House. I do not it and do not pay it back. Under the bill pending, Slidell will understand. I do not understand why Mr. Speaker, I was sent here to do a have to repay. If they have not rebuilt we cannot do what is so obviously the job, to work for people that I represent, their economy, if they have not recon- right thing. I do not understand how every day without exception, as hard good people can have their hands so structed, how are they going to repay? as I know how. After Katrina and Rita, Now, I am sure that colleagues in the completely tied by leadership that re- that focus has only sharpened. I now committee will say, welcome back, we fuses to let their Members voice their represent more homeless, broken and will fix this at a later time. Now is the conscience. I have friends here and on suffering people than almost anybody time to fix it. I understand, we are not the other side of the aisle. I do not un- in this body. They have been drowned going to stand in the way of the admin- derstand why after asking me person- istration’s policy priority here. I think ally what they can do to help with this by the water, whipped by the wind, and we all accept that with great reluc- terrible tragedy, they are unable to ex- now, Mr. Speaker, failed by the House. tance and heavy heart. We need to re- plain to me why we have to com- Mr. OBERSTAR. Mr. Speaker, fur- solve to come back and address this at promise. ther reserving the right to object, I a later time. I am new here, Mr. Speaker. I heard yield to the gentlewoman from New Mr. BAKER. Mr. Speaker, will the the President make promises in Jack- York. gentleman yield? son Square, and I believed them. I be- Mrs. MALONEY. Mr. Speaker, I am Mr. OBERSTAR. Further reserving lieved the White House when they told not going to object, even though this the right to object, I yield to the gen- me Wednesday that they would help legislation is flawed in many ways, as tleman from Louisiana. local governments survive so that we Mr. BAKER. Mr. Speaker, I certainly can lay the ground work to rebuild. I my colleague pointed out, because we appreciate the gentleman from Min- believed the Louisiana Senators when all understand the tremendous need for nesota yielding and just wish to ex- they said they were committed to the the people in the gulf region. I am not press appreciation for those concerns same simple request. a Representative from the gulf coast, he has noted. Certainly, the repayment Maybe it is because I am new, but but I certainly understand the impact obligation should be met at some what I am having trouble with today, on tax revenues after a disaster. Re- point. The arbitrary deadline, in fact, Mr. Speaker, is the idea that this pealing the $5 million cap on commu- may be problematic going forward. House would seek to put the people nity disaster loans is something that I I would suggest in consultation with under south Louisiana under more debt have been working on along with the the other members of the Louisiana and more pain. The loans that should New York delegation, ever since New delegation, we fully intend to examine be grants are about to become huge York suffered at least $5 billion in lost this going forward and hope to have millstones around the necks of the peo- tax revenues following 9/11 and the loss the opportunity to bring our concerns ple of south Louisiana when we act from the gulf region maybe more. to the attention of this body and the today. The bill before us lifts the $5 million Senate as well. The principal concern, When we leave this afternoon, we will cap, but it adds a provision that has as the gentleman has identified, is the have sent its local government along never, ever been seen before with these Senate has passed this vehicle in its the gulf coast to hundreds of millions loans. It prohibits, literally prohibits, current construct. If we were to amend of dollars of debt. Why? That is what I the Federal Government from forgiving it as suggested, it would have to return ask. Why? any part of these loans. This is incred- to that body for their agreement. Senator VITTER tells us that it is the ibly important because there has been We are very concerned with potential only way for this to pass the House. a long history of canceling these loans layoffs occurring next week in various The only way he says that the leader- after they are given. municipalities. So this loan package is ship in this body will lift a finger to very much an emergency issue; and al- help the people in need in Louisiana, I have here with me, Mr. Speaker, a beit with the nonwaiver of repayment Mississippi, and Alabama is if we im- list of all the previous disaster loans provision, we fully support it in its cur- pose a crushing debt on them. All the that have been forgiven. So why are we rent form, given the constraints we signs point in the same direction, Mr. now putting this terrible burden on the face. Speaker. The problem is here. people in the gulf region?

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.089 H07OCPT1 H8796 CONGRESSIONAL RECORD — HOUSE October 7, 2005 CDL PROGRAM HISTORY—PRINCIPAL AND INTEREST CANCELLED [As Sept. 30, 2001—* loan made under Credit Reform Act]

Principal can- Interest can- Loan No. Local Government Status Approved amount Inerest rate Amount disbursed celed celed P&L cancelled

505–1 ...... Madison Co., ID ...... Repaid ...... 375,000 71⁄4 $275,000 ...... 505–2 ...... Rexburd,ID ...... Cancel ...... 260,000 71⁄4 260,000 260,000 260,000 $249,301 505–3 ...... Fremont Co., ID ...... Repaid ...... 321,409 71⁄4 300,000 ...... $509,302 505–4 ...... Bingham Co., ID ...... W/draw ...... 854,000 71⁄4 ...... 531–5 ...... Williamson, WV ...... Repaid ...... 127,000 71⁄8 127,000 ...... 86,339 86,339 531–6 ...... Matewan, WV ...... Cancel ...... 12,000 71⁄8 7,000 7,00 3,859 10,659 547–7 ...... Hull, MA ...... Repaid ...... 1,369,000 83⁄4 765,108 0 ...... 537–9 ...... Johnstown, PA ...... Cancel ...... 1,680,000 83⁄4 1,680,000 1,880,000 699,782 2,379,782 537–10 ...... Franklin Boro, PA ...... Cancel ...... 50,000 91⁄2 50,000 50,000 30,965 80,965 537–11 ...... Dale Boro,PA ...... Cancel ...... 47,000 115⁄8 47,000 47,000 24,250 71,250 598–12A ...... Gulf Shores, AL ...... Repaid ...... 239,000 95⁄8 239,000 ...... 598–12E ...... Gulf Shoers (Sew Bd) ...... Repaid ...... 16,100 103⁄8 16,100 ...... 598–13 ...... Prichard, AL ...... Debt Col ...... 1,540,000 95⁄8 1,540,000 1,540,000 1,983,789 3,523,789 598–14 ...... Gulf Shores WWB, Al ...... Repaid ...... 44,000 103⁄8 44,000 ...... 638–15 ...... Hurtsboro, AL ...... Repaid ...... 28,000 133⁄4 29,000 ...... 691–16 ...... Clifton, AZ ...... Repaid ...... 344,639 11 344,639 112,979 69,928 182,805 737–17 ...... Wheatland Boro, PA ...... Cancel ...... 65,768 91⁄4 65,758 85,788 21,681 87,449 753–18 ...... Marlington, WV ...... Repaid ...... 84,438 71⁄2 84,430 ...... 753–19 ...... Albright, WV ...... W/draw ...... 16,232 ...... 753–20 ...... Pendleton City, WV ...... Repaid ...... 113,581 71⁄2 113,581 ...... 737–21A ...... Albion Boro, PA ...... Repaid ...... 48,242 63⁄4 48,242 19,146 4,146 23,292 737–21E ...... Albion (Muny Auth) ...... W/draw ...... 79,996 ...... 774–22 ...... Vassar, MI ...... Repaid ...... 124,115 61⁄2 124,115 55,528 21,304 76,832 841–23 ...... USVI (Mugo) ...... Repaymt ...... 89,912,000 81⁄4 50,100,000 21,013,658 12,154,386 33,168,044 853–24 ...... Port of Tillamook, OR ...... Repaymt ...... 172,318 83⁄8 172,318 ...... 955–25 ...... Homestead City, FL ...... Cancel ...... 10,325,000 6.73* 10,325,000 10,325,000 3,223,100 13,548,100 955–26 ...... Florida City, FL ...... Cancel ...... 1,048,000 8.73* 1,046,000 1,046,000 377,823 1,423,823 955–27 ...... City of Miami, FL ...... Cancel ...... 5,000,000 5.68* 5,000,000 5,000,000 915,350 5,815,350 955–27A ...... City of Miami, FL ...... Cancel ...... 5,000,000 5.47* 5,000,000 5,000,000 707,733 5,707,733 955–28 ...... Key Biscayne, FL ...... Repaid ...... 1,000,000 5.88* 1,000,000 ...... 961–29 ...... County of Kauai, HI ...... Cancel ...... 15,000,000 5.47* 15,000,000 15,000,000 4,071,873 19,071,873 927–30 ...... American Samoa ...... Open ...... 10,680,000 5,47 10,179,083 8,638,009 3,332,779 11,955,788 997–31 ...... Quincy, IL ...... Repaid ...... 700,00 5.47* 1,000 ...... 997–32 ...... Brussels Comm Sch #4 ...... Suspend ...... 11,600 5.47* ...... 997–33 ...... Calhoun Co., IL ...... Repaid ...... 162,000 5.47* 71,000 ...... 977–34 ...... Calhoun Comm Sch #4 ...... Suspend ...... 543,000 5,47* ...... 997–35 ...... Bluffdale Twp, II ...... Repaid ...... 10,000 5.47* 1,000 ...... 997–36 ...... Bluffdale Rd Dist ...... Repaid ...... 10,700 5.47* 1,000 ...... 997–37 ...... Carrollton Sch Dist, IL ...... Suspend ...... 762,000 5.47* ...... 997–38 ...... Columbia Levee Dist, IL ...... Cancel ...... 10,000 5.47* 10,000 10,000 2,646 12,646 997–38 ...... Green Co., IL ...... Repaid ...... 270,00 5.47* 1,000 ...... 997–40 ...... Hillview, IL ...... Repaymt ...... 16,725 5.47* 13,500 ...... 4,844 4,844 997–41 ...... Patterson Twp, IL ...... Repaid ...... 11,600 5.47* 6,000 ...... 997–42 ...... Patterson Fld Dist ...... Repaid ...... 15,500 5.47* 1,000 ...... 997–43 ...... Walkerville Twp, IL ...... Repaid ...... 6,000 5.47* 6,000 ...... 997–44 ...... Walkerville Rd Dist ...... Repaid ...... 8,300 5.47* 1,000 ...... 997–45 ...... Woodville, IL ...... Repaid ...... 9,582 5.47* 1,000 ...... 997–46 ...... Woodville Rd Dist ...... Repaid ...... 13,235 5.47* 1,000 ...... 997–47 ...... Grfton, IL ...... Repaid ...... 92,000 5.47* 1,000 ...... 997–48 ...... Chouteau Twp, IL ...... Repaid ...... 24,867 5.47* 500 ...... 997–49 ...... Chouteau Rd Dist ...... Repaid ...... 48,283 5.47* 500 ...... 997–50 ...... Maeystown Fire Dist ...... Repaid ...... 10,957 5.47* 1,000 ...... 997–51 ...... Monroe Co. Rd #8 ...... Repaid ...... 10,053 5.47* 1,000 ...... 997–52 ...... Monroe Co. Rd #9 ...... Open ...... 13,109 5.47* 13,109 ...... 997–53 ...... Monroe Co. Rd #10 ...... Open ...... 18,776 5.47* 10,000 3,947 1,088 5,035 997–54 ...... Valmeyer, IL ...... Open ...... 97,200 5.47* 97,200 ...... 997–55 ...... Valmeyer Sch #2 ...... Suspend ...... 652,295 5.47* ...... 997–56 ...... Valmeyer Fire Dist ...... Open ...... 7,500 5.47* 7,500 ...... 997–57 ...... Hull, IL ...... W/draw ...... 15,694 5.47* ...... 997–58 ...... Harrisoinville Levee ...... Repaid ...... 67,308 5.47* 36,000 36,000 9,725 45,725 997–59 ...... North Coast Railroad ...... Open ...... 615,658 5.66* 615,538 ...... 1067–60 ...... USVI (Marilyn) ...... Open ...... 127,224,000 8.35* 127,200,000 ...... 1175–64 ...... Ada, MN ...... Open ...... 1,423,448 4.90* 1,423,448 ...... Total ...... $278,657,228 ...... 233,523,891 69,910,035 27,991,491 97,901,526

When you think about it, commu- others, we have introduced H.R. 4012. attention that the waiver of repayment nities that have been devastated are This bill would remove the $5 million has been stricken from the bill, but I not going to be in the position to be cap, give assistance grants and allow would also indicate that in discussions able to afford to pay back these loans. for these loans to fully cover the ex- with people and in the loan construc- They cannot even afford their oper- penses of the towns, counties, and par- tion packages they have great latitude ating expenses. They are laying people ishes up and down the coast. We have as to terms and conditions of repay- off. How in the world is a city like New already appropriated at least $84 bil- ment. They have been quite assuring Orleans going to be able to afford to lion in aid for Katrina. We have identi- that they will work with communities pay this back when it will be abso- fied the need. Why in the world are we in a manner which is responsible to as- lutely years before their tax base re- setting up in this legislation new re- sure relief is provided, but that the turns to normal? strictive qualifications for the people taxpayers of the United States have Mr. Speaker, Congress is not requir- in the gulf coast? some assurance that, when possible, ing Iraq to pay back the money we are So I join my colleague in his efforts communities will give back that which giving them. Why are we making the and other efforts on both sides of the was extended during times of hardship. people of the gulf coast pay us back aisle to remove this in the future. But I would also want to point out that now? It is terribly unfair, and I would it is wrong, in my opinion, to place this there literally have been billions of say unpatriotic. Why are we giving a burden now on the people of the gulf dollars made available to constituents priority to contractors in Iraq over the coast. in Louisiana of great scope and con- people in Louisiana, Mississippi, and Mr. OBERSTAR. Mr. Speaker, I sequence from the FEMA checks to the Alabama? Again, we are not being re- thank the gentlewoman from New provision of temporary housing. There quired to pay back in Iraq, but now York (Mrs. MALONEY) for her observa- has been a great deal of work con- they are telling these devastated com- tions. ducted here. munities and people that they have to I am happy to yield further to the pay it back. gentleman should he wish. b 1515 Mr. Speaker, this morning, along Mr. BAKER. Mr. Speaker, I appre- I wish to express appreciation for the with the gentleman from Louisiana ciate the courtesy. I shall be brief. I administration and all those who are (Mr. JEFFERSON) and the gentleman wish to express appreciation to those engaged in this work and to the people from Louisiana (Mr. MELANCON) and Members who brought to the House’s of this great country, who have given

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.086 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8797 voluntarily huge charitable contribu- back to normality. But there is a lot tleman for his observation. Again, I tions to various organizations to be of happening as fast as can be conducted, wish other Members had been present assistance to us. We are indeed appre- I believe, in the State of Louisiana, and to hear his discussion and presentation ciative, and we do not wish to leave the I am sure in other coastal States as of the State of affairs of the pre- and House floor today with the impression well, and I would like the record to re- post-Katrina effects in Louisiana and that Louisianans have been ignored. flect some balance, that it is not as throughout the gulf. The gentleman Far from it. fast as everyone would like, but help is has certainly become a scholar of the We have a long way to go. There is coming, and I appreciate the gentle- issue. much work to do. There is suffering man’s allowing me to make that state- Mr. Speaker, I include for the record still far too rampant in our commu- ment. at this point a compilation of the ex- nities. This act today will go another Mr. OBERSTAR. Mr. Speaker, re- penditures by FEMA and insured losses small step in helping those people get claiming my time, I thank the gen- for fiscal year 1980 through 2000. NATURAL DISASTERS IN THE UNITED STATES—FEMA EXPENDITURES AND INSURED LOSSES FISCAL YEARS 1980–2000 [dollars in millions]

FEMA Disaster Re- FY Major Disasters* lief Fund Insured Total (affected states, total FEMA cost to date) Expenditures* Losses Expenditures

1980 ...... 849.10 1,177.00 2,026.10 1981 ...... 228.96 714.00 942.96 1982 ...... 115.11 1,528.00 1,643.11 1983 ...... 245.23 2,254.00 2,499.23 1984 ...... 296.42 1,548.00 1,844.42 1985 ...... 319.17 2,816.00 3,135.17 1986 ...... 497.73 871.00 1,368.73 1987 ...... 246.03 905.00 1,151.03 1988 ...... 189.61 1,409.00 1,598.61 1989 ...... Hurricane Hugo (NC, SC, PR, VI): $1.31 billion; Loma Prieta Earthquake (CA): $868.12 million ...... 138.56 7,642.00 7,780.56 1990 ...... 2,026.26 2,825.00 4,851.26 1991 ...... 391.51 4,723.00 5,114.51 1992 ...... Hurricane Andrew (FL, LA): $1.85 billion; Hurricane Iniki (HI): $257.5 million ...... 1,725.57 22,907.00 24,632.57 1993 ...... Midwest Floods (IL, IA, KS, MN, MO, NE, ND, SD, WI): $1.17 billion ...... 2,553.90 5,705.00 8,258.90 1994 ...... Northridge Earthquake (CA): $6.94 billion; Tropical Storm Alberta (AL, FL, GA): $524.44 million ...... 4,357.35 17,010.00 21,367.35 1995 ...... Hurricane Marilyn (PR, VI): $484.0 million; Hurricane Opal (AL, FL, GA): $201.4 million ...... 2,685.03 8,310.00 10,995.03 1996 ...... Hurricane Fran (MD, NC, PA, SC, VA, WV): $608.39 million; Hurricane Hortense (PR): $291.6 million ...... 3,613.60 7,375.00 10,988.60 1997 ...... Red River Valley Floods (MN, ND, SD): $730.43 million ...... 4,344.92 2,600.00 6,944.92 1998 ...... Hurricane Georges (AL, FL, LA, MS, PR, VI): $2.48 billion ...... 4,067.09 10,070.00 14,137.09 1999 ...... Hurricane Floyd (CT, DE, FL, ME, MD, NH, NJ, NY, NC, PA, SC, VT, VA): $880.4 million; Hurricane Irene (FL): $134.9 million ...... 4,402.61 8,321.00 12,723.61 2000 ...... 2,375.01 4,300.00 6,675.01 Total (1980– ...... $35,668.77 $115,010.00 $150,678.77 2000). Total (1993– ...... $28,399.51 $63,691.00 $92,090.51 2000). * The amount listed after each major disaster represents obligations for specific events that may have affected more than one state and whose related obligations fall over a number of fiscal years. The amount includes funds obligated from the Disaster Relief Fund for Federal Emergency Management Agency assistance programs, hazard mitigation grants, federal mission assignments, contractual services and administrative costs. Figures do not include funding provided by other participating federal agencies, e.g., Small Business Administration and Agriculture Department Farm Service disaster loan programs. * FEMA Disaster Relief Fund expenditures represent obligations by fiscal year for all disasters declared to that date that are not officially closed. Sources: FEMA; Insurance Services Offices, Inc. Fact Books. Insured losses include catastrophes resulting in insured losses of $5 million or more.

Mr. OBERSTAR. Mr. Speaker, I with- any time soon to repay those debts, the Senate Select Committee on Home- draw my reservation of objection. and I suspect that this provision is land Security and Government Affairs The SPEAKER pro tempore (Mr. here more to deceive the American shall be notified no later than 15 days GINGREY). Is there objection to the re- people about the true cost than to in after a loan is made pursuant to this quest of the gentleman from Lou- fact reflect reality. act. Such notification shall include the isiana? I think that if we are going to be following: Number one, the amount of Mr. OBEY. Mr. Speaker, reserving honest with the American people and if the loan; number two, an assessment of the right to object to the gentleman’s we are going to be fair to the recipient the borrower’s financial position; num- request, it is my understanding that communities, we need to recognize ber three, reasons for the necessity of this bill allows $750 million of the $50 that these communities are not likely the loan; and number four, a descrip- billion in disaster relief funding that to have any ability to repay that was tion of the essential services to be pro- we provided to be used for loans to as- any greater than the ability of Eastern vided with the funding from the loan.’’ sist local governments in providing es- Europe or the Third World to repay the Mr. BAKER. Mr. Speaker, will the sential local services. It is also my un- debts that we forgave in those cases a gentleman yield? derstanding, as has been discussed long time ago. That is one concern I Mr. OBEY. I yield to the gentleman here, that there is a ‘‘fig leaf’’ attached have with the bill. from Louisiana. to this bill, at least it has been called The second concern I have with the Mr. BAKER. Mr. Speaker, I certainly that by some, which would create the bill is a conservative concern, if you understand the reason for the gentle- impression that these communities are will, because while it is assumed that man’s inquiry and the illustrative list going to be provided loans, rather than this bill will provide loans for func- gentleman presents is very reasonable. grants, and that these loans must be tions such as police protection, fire In other circumstances, we found our- repaid. fighting and everyday emergency work, selves with the luxury of a little time I would simply make this observa- in fact there is no guarantee that that with which to consider the matter. If tion: This country forgave debt to is the only purpose for which these we were to agree to that modification, Eastern Europe, billions of dollars funds will be used. Because of that, I I understand the matter would be re- worth of debt. We forgave debt to the want to ask the gentleman whether or ferred to the Senate for further consid- tune of billions of dollars for Third not he would be amenable and whether eration and may well put in jeopardy World debt. Yet we are being told the majority leadership would be ame- the adoption ultimately of this loan today that somehow we are supposed to nable to adding the following section program, which we are hoping to have believe that the communities who are to the legislation that the gentleman in effect and available on Monday supposedly assisted by this legislation seeks to have considered. That would morning to affected communities. will in some way be able to pay back read as follows: I have, however, conversed with the the debt which they would incur under ‘‘Section 3, reporting requirements. gentleman from Alaska (Chairman this legislation. The Committees on Appropriations of YOUNG), the ranking member, the gen- I think we are fooling the American the House of Representatives and the tleman from Minnesota (Mr. OBERSTAR) people if we pretend that those commu- Senate, the House Committee on and others on the committee who have nities are going to have the capacity Transportation and Infrastructure and jurisdiction over FEMA matters in

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.092 H07OCPT1 H8798 CONGRESSIONAL RECORD — HOUSE October 7, 2005 which this loan program is domiciled, over the recess week we are about to vided further, That notwithstanding section and have assurances from them that we enter into, in consultation with the 417(c)(1) of the Stafford Act, such loans may will visit the gentleman’s concerns and staff from the offices of the gentleman not be canceled: Provided further, That the cost of modifying such loans shall be as de- adopt a reporting regime, if not ex- from Minnesota (Mr. OBERSTAR) and fined in section 502 of the Congressional actly, very similar to this. the gentleman from Alaska (Chairman Budget Act of 1974 (2 U.S.C. 661a). I would be supportive of and I am YOUNG), to try to perfect a reporting (b) ADMINISTRATIVE EXPENSES.—Of the sure all members of the Louisiana dele- regime that the gentleman and I and amounts provided in Public Law 109–62 for gation who are here on the floor would the chairman would find acceptable to ‘‘Disaster Relief’’, up to $1,000,000 may be also support the gentleman’s request, achieve his goals, and it would be ob- transferred to the Disaster Assistance Direct but would respectfully ask, given the tained as soon as agreement can be ob- Loan Program for administrative expenses concerns of time and the issues at tained. I would commit our delegation to carry out the direct loan program, as au- hand, that the gentleman would with- to be fully supportive of that effort. thorized by section 417 of the Stafford Act. draw his objection. We would be happy Mr. YOUNG of Alaska. Mr. Speaker, The Senate bill was ordered to be to note formally in the record our will the gentleman yield? read a third time, was read the third agreement to proceed with the gen- Mr. OBEY. I yield to the gentleman time, and passed, and a motion to re- tleman on our return to work absent from Alaska. consider was laid on the table. the Columbus Day recess to achieve Mr. YOUNG of Alaska. Mr. Speaker, I f the gentleman’s interest. have not communicated with the gen- Mr. OBEY. Mr. Speaker, continuing tleman from Minnesota, because I sup- GENERAL LEAVE my reservation, I have been told by port what the gentleman wants to do, Mr. BAKER. Mr. Speaker, I ask several people that they do not want but I would suggest that if the gen- unanimous consent that all Members me to pursue this because ‘‘the Senate tleman from Minnesota and I can reach may have 5 legislative days within is going out of session and it will be this agreement, and I am sure we can, which to revise and extend their re- hard to get an amended version consid- we can come out with a resolution out marks and include extraneous material ered by the Senate.’’ of our committee immediately and on S. 1858. Heaven forbid that we should ask the bring it to the floor under unanimous The SPEAKER pro tempore. Is there Senate to come back and work on consent, because what I think what the objection to the request of the gen- something of this urgency. This is the gentleman is asking is very legitimate. tleman from Louisiana? same Senate that did not hesitate to I will commit that to the gentleman There was no objection. come back in order to tell one Amer- as chairman of the committee, and I f ican family, the Schiavo family, how am sure the gentleman from Minnesota they should deal with an end-of-life and I can work that out. So I give you A FURTHER MESSAGE FROM THE issue for one of their family members, that commitment. SENATE and yet we are told that we should not Mr. OBEY. Mr. Speaker, continuing A further message from the Senate build in this protection for the tax- my reservation, I thank both gentle- by Ms. Curtis, one of its clerks, an- payer because it might inconvenience men for their responses. Let me say nounced that the Senate has passed the other body. that while I intend to withdraw my with an amendment in which the con- I am very reluctant to agree to pro- reservation, given those assurances, I currence of the House is requested, a ceeding with this legislation without would hope that that would happen as bill of the House of the following title: this reporting requirement because, as soon as possible, and I would also hope we have just discovered under the pre- H.R. 2863. An act making appropriations that sometime, somewhere, someone for the Department of Defense for the fiscal vious $50 billion that we provided to will explain to me why we can forgive year ending September 30, 2006, and for other FEMA, they have given us a miserable purposes. explanation of the money that they billions of dollars of debt to the Third have spent so far. They have given us World, billions of dollars of debt to The message also announced that the meaningless spreadsheets and money Eastern Europe, but not recognize that Senate insists upon its amendment to defined in very broad, meaningless cat- American citizens may need that same the bill (H.R. 2863) ‘‘An Act making ap- egories that tells the Congress nothing privilege. propriations for the Department of De- that will enable us to exercise our re- Mr. Speaker, I withdraw my reserva- fense for the fiscal year ending Sep- sponsibilities as watchdogs of the pub- tion of objection. tember 30, 2006, and for other pur- lic purse. The SPEAKER pro tempore. Is there poses,’’ and requests a conference with So, I guess my question is, if I with- objection to the request of the gen- the House on the disagreeing votes of draw my reservation, how soon can we tleman from Louisiana? the two Houses thereon, and appoints expect to have this kind of reporting There was no objection. Mr. STEVENS, Mr. COCHRAN, Mr. SPEC- requirement brought to the House so The Clerk read the Senate bill, as fol- TER, Mr. DOMENICI, Mr. BOND, Mr. that we know that in fact the money lows: MCCONNELL, Mr. SHELBY, Mr. GREGG, which is being provided will be used S. 1858 Mr. HUTCHISON, Mr. BURNS, Mr. INOUYE, only for the purpose for which it is de- Be it enacted by the Senate and House of Rep- Mr. BYRD, Mr. LEAHY, Mr. HARKIN, Mr. scribed today? resentatives of the United States of America in DORGAN, Mr. DURBIN, Mr. REID, Mrs. Mr. BAKER. Mr. Speaker, if the gen- Congress assembled, FEINSTEIN, and Ms. MIKULSKI, to be the tleman will yield further, I thank the SECTION 1. SHORT TITLE. conferees on the part of the Senate. gentleman for his question. I would This Act may be cited as the ‘‘Community The message also announced that the point out, we would act forthwith, and Disaster Loan Act of 2005’’. Senate has passed with amendments in perhaps there would be additional SEC. 2. DISASTER LOANS. which the concurrence of the House is (a) ESSENTIAL SERVICES.—Of the amounts requested, a bill of the House of the fol- items that we would be interested in provided in Public Law 109–62 for ‘‘Disaster having reported to us on the matter of Relief’’, up to $750,000,000 may be transferred lowing title: these loan dispositions. So we have to the Disaster Assistance Direct Loan Pro- H.R. 3765. An act to extend through Decem- some accountability to our constitu- gram for the cost of direct loans as author- ber 31, 2007, the authority of the Secretary of encies and know what local govern- ized under section 417 of the Robert T. Staf- the Army to accept and expend funds con- ments are seeking in the way of assist- ford Disaster Relief and Emergency Assist- tributed by non-Federal public entities to ex- ance and how we may further provide ance Act (42 U.S.C. 5184) to be used to assist pedite the processing of permits. aid. local governments in providing essential The message also announced that the So the gentleman’s point is impor- services: Provided, That such transfer may be Senate has passed with an amendment tant to us in the delegation as well as made to subsidize gross obligations for the in which the concurrence of the House principal amount of direct loans not to ex- to the gentleman for his own satisfac- ceed $1,000,000,000 under section 417 of the is requested, a bill of the House of the tion that the funds are being used ap- Stafford Act: Provided further, That notwith- following title: propriately. standing section 417(b) of the Stafford Act, H.R. 3971. An act to provide assistance to I would like to have the possibility of the amount of any such loan issued pursuant individuals and States affected by Hurricane working with the gentleman’s staff to this section may exceed $5,000,000: Pro- Katrina.

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.093 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8799 The message also announced that the Barclay and a lawyer by the name of spending habits of the Federal Govern- Senate has passed a concurrent resolu- Everett Sanderson of Nederland, Texas, ment, our children and grandchildren tion of the House of the following title: took control. Molfino and Barclay will inherit tax increases and unimagi- H. Con. Res. 161. Concurrent resolution au- worked 48 straight hours looking for nable deficits. They do not deserve to thorizing the use of the Capitol Grounds for meat and finding it before it got suffer the harsh consequences of earlier an event to commemorate the 10th Anniver- thawed. Sanderson opened up his beat generations’ fiscal irresponsibility. sary of the Million Man March. up, old damaged restaurant and used a Yesterday, House Republican leaders f generator and set up a barbecue pit introduced a 4-point plan that will in- outside in a National Guard tent. crease mandatory savings, decrease RESIGNATION AS MEMBER OF These three worked 7 days a week, 15 discretionary spending, offset recon- COMMITTEE ON GOVERNMENT to 20 hours a day, cooking. Local gro- struction costs, and will eliminate REFORM cery stores donated more meat during wasteful government programs. By The SPEAKER pro tempore laid be- the weeks. One day last week, they fed using our resources to provide for our fore the House the following resigna- 6,500 police officers, firefighters, Red Nation’s needs, this plan will protect tion as a member of the Committee on Cross and FEMA workers, National the future of American citizens and Government Reform: Guard troops, Coast Guard and other strengthen our economy. CONGRESS OF THE UNITED STATES, responders from as far away as Maine, In conclusion, God bless our troops HOUSE OF REPRESENTATIVES, all eating Texas barbecue. and we will never forget September 11. Washington, DC, Sept. 15, 2005. They did so without any government f Speaker DENNIS HASTERT, bureaucracy, no red tape forms, no per- WILLIAM BENNETT House of Representatives, Room H–209, the Cap- mission and no committee meetings. ital, Washington, DC. These three heroes got her done. (Ms. WATSON asked and was given DEAR SPEAKER HASTERT: This letter is to permission to address the House for 1 resign my seat on the Committee on Govern- f minute.) ment Reform and all subcommittees under FEDERAL RESPONSE TO NEW its jurisdiction as of September 30, 2005. Ms. WATSON. Madam Speaker, dur- Sincerely, YORK TERRORIST THREAT LACK- ing a recent radio broadcast, conserv- GINNY BROWN-WAITE, ING ative critic William Bennett said the Member of Congress. (Mr. ENGEL asked and was given following: ‘‘If you wanted to reduce The SPEAKER pro tempore. Without permission to address the House for 1 crime, you could abort every black objection, the resignation is accepted. minute and to revise and extend his re- baby in this country and your crime There was no objection. marks.) rate would go down.’’ But Mr. Bennett’s hypothesis, as ab- f Mr. ENGEL. Mr. Speaker, yesterday the mayor of the City of New York an- surd and racist as it is, does not tell APPOINTMENT OF HON. TOM nounced that there was a credible the real story. DAVIS AND HON. ROSCOE G. threat of a terrorist bombing attack According to the Department of Jus- BARTLETT TO ACT AS SPEAKER against New York City’s trains. tice national crime statistics of men PRO TEMPORE, TO SIGN EN- and women behind bars, approximately ROLLED BILLS AND JOINT RESO- b 1530 43 percent are black, 38 percent are LUTIONS THROUGH OCTOBER 17, The FBI concurred, and then we white, and 19 percent are Hispanic. 2005 heard that the Department of Home- Whites, however, make up 70 percent of The SPEAKER pro tempore laid be- land Security disagreed and said that all persons arrested, and 60 percent of fore the House the following commu- the threats were not credible. those are arrested for violent crime. nication from the Speaker: Madam Speaker, what is going on? So why the disparity between whites We are spending billions and billions of arrested and whites convicted? Could it THE SPEAKER’S ROOM, dollars on homeland security, and our HOUSE OF REPRESENTATIVES, have to do with the fact that poorer de- Washington, DC, Oct. 7, 2005. Federal officials cannot seem to get it fendants, often people of color, are I hereby appoint the Honorable TOM DAVIS straight. First we had these ridiculous more likely to receive substandard and the Honorable ROSCOE G. BARTLETT to color-coded alerts. Now our FBI and legal representation and harsher sen- act as Speaker pro tempore to sign enrolled Department of Homeland Security can- tences? bills and joint resolutions through October not agree on credible threats. Madam Speaker, getting justice in 17, 2005. Today, part of Pennsylvania Station America seems to have a lot more to do DENNIS HASTERT, in New York City had to be evacuated. with the color of your skin and the Speaker of the House of Representatives. President Bush should summon Sec- color of the green in your pocket. Now, The SPEAKER pro tempore. Without retary Chertoff and ask some very hard that is not virtuous. objection, the appointment is ap- questions. This Congress ought to in- f proved. vestigate why our Federal officials There was no objection. cannot seem to get their act together HONORING THE MILLIONS OF AMERICANS OF GERMAN HERIT- f with regard to homeland security. AGE f TRIBUTE TO THREE JEFFERSON (Mr. GARRETT of New Jersey asked COUNTY, TEXAS, HEROES HOUSE REPUBLICANS LEAD FOR and was given permission to address (Mr. POE asked and was given per- FISCAL RESPONSIBILITY the House for 1 minute.) mission to address the House for 1 (Mr. WILSON of South Carolina Mr. GARRETT of New Jersey. minute and to revise and extend his re- asked and was given permission to ad- Madam Speaker, I rise today to honor marks.) dress the House for 1 minute and to re- the millions of Americans of German Mr. POE. Mr. Speaker, when the sec- vise and extend his remarks.) heritage and their ancestors who emi- ond lady of the gulf, Rita, hit Jefferson Mr. WILSON of South Carolina. grated from their native lands to come County, Texas, first responders Madam Speaker, all levels of govern- to the shores of this country. hunkered down to wait out the storm. ment have recently learned the critical The first German American Day was They did not leave during this hurri- importance of saving and planning for declared by Ronald Reagan back in 1983 cane. After the storm, the first re- a rainy day. to commemorate the 300th anniversary sponders began working 12-hour shifts Hurricanes Katrina and Rita were a of the first group of German-speaking and slept in their cars. The county had sudden wake-up call for our Nation. As settlers who arrived in the American and still has no power or water. The re- the Federal Government begins to pay colonies. German settlers and immi- sponders had no food. So three local he- for the costs of these devastating disas- grants have played a vital role in our roes took control. ters, Congress must adhere to a respon- Nation’s history since its very begin- Port Arthur police officer Marcelo sible plan and a strict budget. If we do ning. Great American icons, too, people Molfino, Port Arthur fire fighter David not use this opportunity to reform the like Babe Ruth, Lou Gehrig, and Casey

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.031 H07OCPT1 H8800 CONGRESSIONAL RECORD — HOUSE October 7, 2005 Stengel in sports, and John Steinbeck, maraderie with their peers in learning a drastic step was a strong and long Kurt Vonnegut, and the inimitable challenging information and devel- overdue indication that the U.S. Gov- Doctor Seuss in literature claim Ger- oping team skills, but they get the ernment is beginning to take seriously man heritage. added bonus of being on television and the prospect of a flu pandemic. Madam Speaker, I urge the House to performing under pressure, something For several years now, epidemiolo- pay tribute to this Great German many students on the football team gists and public health officials have American Heritage Month, to the many and the drama club can simply envy. been warning of a possible global pan- Americans of German descent who con- The goals of ‘‘It’s Academic’’ are demic of bird flu that could rival or tinue to contribute to the vitality of more than showcasing intelligent stu- surpass the 1918 Spanish flu pandemic my State of New Jersey and to these dents. All the students, including mem- that killed as many as 50 million peo- United States of America. bers of the losing teams, receive schol- ple worldwide. We have been fortunate f arship money from the corporate spon- that none of the existing strains of sors, which in my area has been pri- avian flu that have infected thousands REMEMBERING THE VICTIMS OF marily Giant Food. of birds and some 65 people in 11 coun- THE LAKE GEORGE BOATING AC- In a recent editorial, The Washington tries have mutated into a form that CIDENT Post said of the show: ‘‘Amid all the can spread from human to human; but (Mr. MCCOTTER asked and was given disturbing news about declining test that threat is real, and there is grow- permission to address the House for 1 scores and failing schools, this home- ing evidence that we do not have much minute.) grown Saturday morning staple serves time to prepare. Mr. MCCOTTER. Madam Speaker, I as a welcome reminder of what is right This week’s issues of the journals Na- rise today to offer my condolences to with education.’’ ture and Science have published the re- the loved ones of those who were lost Madam Speaker, I wholeheartedly sults of work done at the U.S. Armed in the Lake George, New York, boating agree and look forward to the partner- Forces Institute of Pathology here in accident and offer my heartfelt sym- ship between ‘‘It’s Academic’’ and our Maryland that shows that the 1918 pathy to those who survived. communities and schools for many Spanish flu was actually a type of bird Seven of the individuals who perished more years to come. flu and was similar to the flu now af- were from my hometown of Livonia: f fecting Asia. The research also sug- Caryl and William Gilson, Louise and gests that samples of today’s avian flu Charles Greenwald, Margaret and Wil- SPECIAL ORDERS have begun to develop genetic changes liam Nadvornik, and Marge Perry. Avid The SPEAKER pro tempore (Mrs. that may allow it to spread from per- members of the Livonia Travel Club, SCHMIDT). Under the Speaker’s an- son to person. these fine people had contributed to nounced policy of January 4, 2005, and Irwin Redlener, director of the Na- their community and their country as under a previous order of the House, tional Center For Disease Preparedness mothers, fathers, grandmothers, grand- the following Members will be recog- at Columbia University, recently told fathers, veterans, volunteers, and nized for 5 minutes each. The New York Times that a flu epi- friends and neighbors. Truly, they will demic was the ‘‘next big catastrophe f all be missed. that we can reasonably expect, and the Madam Speaker, I ask my colleagues The SPEAKER pro tempore. Under a country is phenomenally not prepared to join me in expressing our sorrow and previous order of the House, the gentle- for this.’’ offering our assistance to all involved woman from California (Ms. WOOLSEY) Yesterday, Health and Human Serv- in and affected by this tragedy. is recognized for 5 minutes. ices Secretary Mike Leavitt acknowl- (Ms. WOOLSEY addressed the House. f edged our lack of preparation, but Her remarks will appear hereafter in seemingly tried to absolve the adminis- CELEBRATING THE 45TH ANNIVER- the Extensions of Remarks.) tration by saying that ‘‘no one in the SARY OF ‘‘IT’S ACADEMIC’’ f world is ready’’ for a flu pandemic. (Mr. TOM DAVIS of Virginia asked That may be true, but some coun- and was given permission to address EXCHANGE OF SPECIAL ORDER TIME tries have taken greater steps to pre- the House for 1 minute.) pare than the United States. At Mr. TOM DAVIS of Virginia. Madam Mr. SCHIFF. Madam Speaker, I re- present we have only 2 million doses of Speaker, I rise today to call attention quest unanimous consent to assume Tamiflu, an antiviral medication that to and honor the 45th anniversary of the time of my colleague from Cali- has been shown to be effective against the Nation’s leading and longest-run- fornia. the H5NI flu virus. The Australian Gov- ning educational television program, The SPEAKER pro tempore. Is there ernment, on the other hand, has stock- the Emmy-winning show, ‘‘It’s Aca- objection to the request of the gen- piled 3.5 million courses of treatment, demic.’’ tleman from California? white Britain has ordered enough of ‘‘It’s Academic’’ is a nationwide, There was no objection. the drug to cover a quarter of its popu- weekly high school competition that f lation. began in Washington, D.C. Since its in- Clearly, we are lagging behind other AVIAN FLU: WE MUST ACT NOW ception 45 years ago, ‘‘It’s Academic’’ developed countries in preparing for an shows have spread to other cities. Dur- The SPEAKER pro tempore. Under a outbreak here. And as ABC’s ing the current school year, 27 high previous order of the House, the gen- ‘‘Primetime’’ reported last month, the schools in my congressional district tleman from California (Mr. SCHIFF) is Roche Company, which produces will compete against the brightest stu- recognized for 5 minutes. Tamiflu, is filling orders on a first- dents from public and private schools Mr. SCHIFF. Madam Speaker, in the come, first-served basis. The United throughout the District of Columbia midst of a press conference this past States, I am sorry to say, is nowhere region. These students will be coached Tuesday, President Bush responded to near the top of the list. and encouraged by dedicated teachers a question relating to a possible out- Quote: ‘‘Do we wish we had ordered it and principals on a wide variety of aca- break of avian flu here in the United sooner and more of it? I suspect one demic subjects and the challenges of a States by stating that he was consid- would say yes,’’ admitted Secretary competitive format under the tele- ering the use of the American military Leavitt. When asked why the U.S. did vision lights. to enforce quarantine measures in not place orders for Tamiflu sooner, Every Saturday morning, viewers cases of a pandemic. the Secretary told ABC: ‘‘I can’t an- tune in to watch local high school stu- While a number of public health ex- swer that. I don’t know the answer to dents compete in their knowledge of perts and civil liberties advocates that.’’ math, literature, history, and current quickly criticized the President for The American Government has fi- events. In many schools, students com- suggesting that the military be de- nally begun to take action to prepare pete for the opportunity to be on the ployed to control a flu outbreak, his to confront a pandemic. The Depart- show. Not only do they enjoy the ca- public musing about the need for such ment of State is hosting a meeting of

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.100 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8801 health officials from 80 countries today sults after our departure, it is because Lebanon seemed like a good idea in to map out a strategy for minimizing we occupied Iraq, not because we left. 1983, but in 1990, President Reagan said the deaths and destruction that an out- The original reasons for our preemp- in his memoirs, ‘‘We did not appreciate break might wreak. At the same time, tive strike are long forgotten, having fully enough the depth of the hatred White House officials will meet today been based on false assumptions. The and complexity of the problems that with representatives of the U.S. phar- justification given now is that we must made the Middle East such a jungle. In maceutical industry to encourage them persist in this war or else dishonor the weeks immediately after the bomb- to get involved in the manufacture of a those who already have died or been ing, I believed the last thing we should flu vaccine. wounded. We are also told civil strife do was turn tail and leave. Yet, the But, Madam Speaker, Congress needs likely will engulf all of Iraq. irrationality of Middle Eastern politics to do more. My colleague, the gentle- But what is the logic of perpetuating forced us to rethink our policy there.’’ woman from New York (Mrs. LOWEY), a flawed policy where more Americans During the occupation of Lebanon by has been a leader in trying to push the die just because others have suffered? American, French and Israeli troops Congress and the administration to do More American deaths cannot possibly between 1982 and 1986 there were 41 sui- more to prepare. In late July, Mrs. help those who have already been in- cide terrorist attacks in that country. LOWEY introduced H.R. 3369, the At- jured or killed. One horrific attack killed 241 U.S. Ma- tacking Viral Influenza Across Nations Civil strive, if not civil war, already rines. Yet, once these foreign troops Act, the AVIAN Act, which provides for exists in Iraq. And despite the infight- were removed, the suicide attacks lit- a comprehensive national effort to pre- ing, all factions oppose our occupation. erally stopped. Today, we should once pare for a flu outbreak. The AVIAN The insistence on using our military to again rethink our policy in this region. Act requires the Federal Government occupy and run Iraq provides con- Madam Speaker, this is the point I to create plans for and respond to a vincing evidence to our detractors in- want to make. It is amazing what end- pandemic outbreak. It orders the pro- side and outside of Iraq that we have ing military intervention in the inter- curement of antiviral treatments and no intention of leaving. nal affairs of others can achieve. Set- vaccines for a Strategic National Building permanent military bases ting an example of how a free market Stockpile. and a huge embassy confirms these economy works does wonders. We The bill also promotes increased re- fears. should have confidence in how freedom search in the pandemic flu, its vaccines We deny the importance of oil and works, rather than relying on blind and treatments, and expands efforts to Israel’s influence on our policy, yet we faith and the use of military force to prevent pandemic avian flu both do- fail to convince the Arab/Muslim world spread our message. Setting an exam- mestically and internationally. I am a that our intentions are purely humani- ple and using persuasion is always su- proud cosponsor of the AVIAN Act, and tarian. perior to military force in showing how I strongly urge my colleagues to join In truth, our determined presence in others might live. Force and war are us. Iraq actually increases the odds of re- tools of authoritarians. They are never I was heartened to see last week that gional chaos, inciting Iran and Syria, tools of champions of liberty and jus- the Senate voted to add $4 billion to while aiding Osama Bin Laden in his tice. Force and war inevitably leads to the U.S. fight against deadly avian flu recruiting efforts. Leaving Iraq would dangerous unintended consequences. do the opposite, though not without by stocking up on antiviral drugs and f some dangers that rightfully should be increasing global surveillance of the The SPEAKER pro tempore (Mrs. disease. The gentlewoman from New blamed on our unwise invasion rather than our exit. SCHMIDT). Under a previous order of the York (Mrs. LOWEY) and I are circu- House, the gentleman from Oregon (Mr. lating a letter to ask House conferees Many experts believe Bin Laden wel- DEFAZIO) is recognized for 5 minutes. to support the Senate request, and I comed our invasion and occupation of (Mr. DEFAZIO addressed the House. hope our colleagues will join in that ef- two Muslim countries. It bolsters his claim that the United States intended His remarks will appear hereafter in fort. the Extensions of Remarks.) Madam Speaker, I have spoken many to occupy and control the Middle East times in this Chamber about the dan- all along. This has galvanized radical f ger we face from nuclear terrorism, Muslim fundamentalists against us. EXCHANGE OF SPECIAL ORDER which I believe is a primary threat to Osama Bin Laden’s campaign would TIME our way of life. The only other threat surely suffer if we left. Mr. LIPINSKI. Madam Speaker, I ask that remotely approaches a nuclear at- We should remember that losing a unanimous consent to assume the time tack is that posed by a global flu pan- war to China over the control of North of the gentleman from Oregon (Mr. demic, one which could kill tens of mil- Korea ultimately did not enhance com- DEFAZIO). lions of people. We failed to prepare for munism in China, as she now has ac- The SPEAKER pro tempore. Is there 9/11. We failed to prepare adequately cepted many capitalist principles. In objection to the request of the gen- for Hurricane Katrina. We must not fact, China today outproduces us in tleman from Illinois? fail to prepare for a flu pandemic. many ways, as reflected by our nega- tive trade balance with her. There was no objection. f We lost a war in Vietnam and the f COMING HOME MAKES SENSE, domino theory that communism would STAYING DOES NOT spread throughout Southeast Asia was THE OIL SANDS OF ALBERTA, CANADA The SPEAKER pro tempore. Under a proven wrong. Today, Vietnam accepts previous order of the House, the gen- American investment dollars and tech- The SPEAKER pro tempore. Under a tleman from Texas (Mr. PAUL) is recog- nology. We maintain a trade relation- previous order of the House, the gen- nized for 5 minutes. ship with Vietnam that the war never tleman from Illinois (Mr. LIPINSKI) is Mr. PAUL. Madam Speaker, coming achieved. recognized for 5 minutes. home makes sense; staying does not. We contained the USSR and her Mr. LIPINSKI. Madam Speaker, I Supporters of the war in Iraq, as well thousands of nuclear warheads without rise today to raise an issue of great im- as some nonsupporters, warn of the military confrontation, leading to the portance to our Nation that I fear is dangers if we leave. But is it not quite collapse and the disintegration of a being overlooked, the future of the oil possible that these dangers are simply powerful Soviet empire. Today, we sands of Alberta, Canada. Aside from a consequence of having gone into Iraq trade with Russia and her neighbors as Saudi Arabia’s oil fields, these sands in the first place, rather than a con- the market economy spreads through- contain the largest deposits of oil in sequence of leaving? out the world without the use of arms. the world, and thus, could be critical to We should heed the words of Ronald our future energy security. b 1545 Reagan about his experience with a Just a few months ago the Chinese Isn’t it possible that staying only needless and mistaken military occu- National Offshore Oil Company, makes the situation worse? If chaos re- pation of Lebanon. Sending troops into CNOOC, attempted to purchase Unocal.

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.103 H07OCPT1 H8802 CONGRESSIONAL RECORD — HOUSE October 7, 2005 CNOOC is very different from most him to cancel his visit. The Senate nual telethon, which I was proud to other companies because it is owned by sent a delegation to Alberta in August. participate in this year. Most impres- the Chinese government. It could be di- I strongly encourage the Vice Presi- sively, the West Georgia Boys and Girls rected to sell oil only to the Chinese, dent to reschedule his trip, as well as Club was selected as the best overall taking a large portion of its resources encourage other Members of Congress program for clubs with a budget under off of the international oil market. As to travel and to learn more about this $400,000. a result of this possibility, the sale of close energy source. Madam Speaker, an organization is Unocal raised great concerns in the This is a critical time to be con- only as successful as the men and American public. If it had occurred, the cerned about secure energy supplies for women who commit their time to mak- Chinese government would have gained the future of the United States. We ing it great. And the West Georgia Club control of a significant American play- need to be more diligent about con- has a first rate team. Chris Patton and er in the energy industry, just as we servation and energy efficiency. We Wally West oversee the club, and its are struggling with sky-rocketing gas need to be working harder to develop board members, Judy Wilkerson, Linda prices and concerns about a secure sup- alternative sources of energy. But no Griffies, Emmitt Clark, Mel Jackson- ply, especially from the volatile Middle matter what we do and how successful Kendrick, Frank Walls, Rev. Dalton East. we are in weaning ourselves from oil, Hammock, Charlie Martin and the Although CNOOC withdrew its bid to gas and other conventional energy many other volunteers from Troup and buy Unocal, it did not stop looking for sources, our Nation will still be in need Meriwether counties give their time to other sources of oil. The interest of of foreign fossil fuels for many years to ensure this club is one of the best in Chinese companies in Canadian oil is come. In the unpredictable world in the Nation. especially troublesome. In May, which we live today, it would be best to It is the commitment and creativity CNOOC purchased almost 17 percent of rely on secure sources of energy close of community organizations like the MEG Energy Corporation, a Canadian- to home. West Georgia Boys and Girls Club that owned company that owns oil sand That is why I urge Congress and the make our neighborhoods more than leases on almost 33,000 acres of Alberta administration to learn more about Al- simply a collection of homes and build- land. Another Chinese company, berta’s oil sands and the potential to ings. The American spirit is alive and SinoCanada Petroleum, has formed a supply U.S. energy needs. We must con- well at the West Georgia Club, and the joint venture with Canada’s Synenco tinue to work closely with our neigh- beneficiaries in our community have a Energy to develop oil sands projects in bors on the north on this important se- brighter future because of the club’s Canada which are estimated to produce curity issue. dedication. 5 tons of synthetic crude oil. These ini- f Madam Speaker, I ask that you join tial investments illustrate the worri- me in thanking the West Georgia Boys WEST GEORGIA BOYS AND GIRLS some growing Chinese interest in the and Girls Club for their creativity, CLUB estimated 178 billion barrels of recover- their commitment and, above all, their able oil in Alberta. The SPEAKER pro tempore. Under a willingness to help those in need. Canada is our highly respected neigh- previous order of the House, the gen- f bor, and our strong relationship has tleman from Georgia (Mr. GINGREY) is provided many benefits for both of our recognized for 5 minutes. The SPEAKER pro tempore. Under a countries. Canada is our greatest trad- Mr. GINGREY. Madam Speaker, I previous order of the House, the gen- ing partner with more than $1 billion a rise today to honor the West Georgia tleman from Ohio (Mr. BROWN) is rec- day in goods and services traded. Can- Boys and Girls Club, an exemplary ognized for 5 minutes. ada exports almost 99 percent of its oil community organization in the 11th (Mr. BROWN of Ohio addressed the to the U.S., and the U.S. imports more District of Georgia. House. His remarks will appear here- oil from Canada than from any other The West Georgia Club serves the after in the Extensions of Remarks.) country, with 16 percent of our total youth of Troup and Meriwether coun- f imports coming from our northern ties, and it does so with distinction. FREEZING IN THE DARK neighbor. With the increasing develop- The four facilities operated by the ment of Alberta’s oil sands, this per- Boys and Girls Club are always buzzing The SPEAKER pro tempore. Under a centage could significantly increase. with students, volunteers, friends and previous order of the House, the gen- If CNOOC had purchased Unocal, it events. tleman from Texas (Mr. POE) is recog- would have owned an American com- On an average day, you will find a nized for 5 minutes. pany but few oil resources in North host of activities that contribute to Mr. POE. Madam Speaker, when the America. But now, China is interested the Boys and Girls Club’s goal of pro- ladies of the gulf, Katrina and Rita, in not just in North American compa- viding every child with the essential came barreling through recently, we nies, but in Canadian oil reserves as tools needed for success and a bright learned many lessons. Unfortunately, well, the most secure source of oil out- future. in the aftermath we learned that the side of our own borders. After-school tutoring gives students gulf coast oil and natural gas produc- As the Chinese become more in- the skills they need to achieve. Friday tion can be easily disrupted to the det- volved, the U.S. needs to become more night movies and social events give riment of the Americans. Although engaged with the Canadian government teens an alternative to street life. there were around 2,900 platforms and the provincial government of Al- Service projects, leadership and skill pelted in the path of the ladies of the berta in discussing the potential rami- development, even National Kids Day gulf, very little environmental impact fications. Let me be clear on this: Nei- are all part of what makes the West resulted. In the wake of these hurri- ther Congress nor the Bush Adminis- Georgia Boys and Girls Club a true canes, the need for American petro- tration can or should ever be seen to be leader in community involvement and leum and natural gas and dependence telling Canada or Alberta what to do. service. on ourselves has become evident. However, our government should uti- And do not just take my word for it. lize our good relations and strong eco- The West Georgia Club has been recog- b 1600 nomic ties to learn more about the Chi- nized and honored on a national level The United States must be more self- nese interests in Canadian oil and to for their amazing work with the youth sufficient when it comes to energy. discuss the potential shared security of Georgia. At the 2005 Boys and Girls The United States imports 60 percent concerns. Club National Conference in California of its crude oil from foreign countries. The administration has shown an in- this year, the West Georgia club won In doing so, we are subject to the ille- terest in this important issue. Treas- seven national awards. That is right, gal price fixing cartel known as OPEC. ury Secretary Snow visited Alberta in seven awards. The Gulf of Mexico is responsible for July and Vice President CHENEY was These included awards for public one-third of the domestic oil produc- scheduled to tour the area in Sep- service announcements, special events, tion and 22 percent of the domestic tember before Hurricane Katrina forced web page, newsletter and even their an- natural gas production. We learned

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.106 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8803 from Katrina and Rita, oil and natural ricane alley right here in the gulf, and Today, we received the news that fol- gas production can be disrupted to the they are going to stop in Louisiana or lowing the tragedy of Hurricane detriment of consumers throughout the Texas. With all the rigs in the same Katrina there has been a net job loss United States because production is place, we are destined to repeat his- based on the payroll survey, which is too concentrated in the gulf coast re- tory. Although most of the rigs sur- the old survey structure that has been gion. vived Hurricanes Rita and Katrina put into place to determine the jobless To correct these problems, I have in- with minimal damage, there will be rate in the country, a payroll jobs rate troduced H.R. 3811. This legislation more storms, wind and disasters. reduction of 35,000 nationwide. would allow for safe oil and natural gas Those that say no to offshore drilling Madam Speaker, I think it is impor- exploration along the Outer Conti- have no solutions to the energy prob- tant to note that many economists had nental Shelf. This bill would do away lem. We can drill offshore safely, envi- predicted that that job loss number with all appropriation moratoriums ronmentally correct, when you get was going to be in excess of 200,000 in and executive orders that limit leasing over the fear factor proposed by the the wake of the tragedy of Hurricane activities, while maintaining environ- anti-drilling people, and take control Katrina and Hurricane Rita. I think it mental safeguards. of our own energy needs. Otherwise, is important to also recognize that as It is imperative that the United Madam Speaker, we will freeze in the we focus attention from the United States begin drilling in other parts dark. That is just the way it is. States Congress and the State and outside of the gulf. Madam Speaker, as f local officials, the President of the my colleagues can see from this map, The SPEAKER pro tempore (Mrs. United States, focus on reconstruction, there is a wide range of areas where we SCHMIDT). Under a previous order of the dealing with the tragic circumstances can drill. Right now, the United States House, the gentleman from Virginia in the aftermath of Hurricane Katrina, drills right here off my home State of (Mr. FORBES) is recognized for 5 min- one of the most important things we Texas and Louisiana; yet, there is utes. can do is to make sure that the entire crude oil still in the Gulf of Mexico, on (Mr. FORBES addressed the House. U.S. economy continues to grow as the east coast and, yes, Madam Speak- His remarks will appear hereafter in boldly and as dynamically as possible. er, even off the sacred coast of Cali- the Extensions of Remarks.) Let us look at the policies that we fornia. It is imperative that we think f have seen put into place that have led and consider drilling in these areas. The SPEAKER pro tempore. Under a to tremendous economic growth. We Since the 1980s, Congress has been previous order of the House, the gen- saw throughout the year of 2004 gross placing appropriations moratoriums on domestic product growth of 4.4 percent, tleman from Indiana (Mr. BURTON) is drilling on all of these red areas that recognized for 5 minutes. a very positive sign of growth. This are outlined on this map. They are (Mr. BURTON of Indiana addressed year, the number has not been quite as doing so by withholding leases. It the House. His remarks will appear high, about 3.3 percent on average of started in California, and now about 90 hereafter in the Extensions of Re- GDP growth. So we have gone through percent of the Outer Continental Shelf marks.) the 15th quarter of positive economic is off limits to energy developments. growth, a very, very good indicator of All these people on these coastal f what we can do as a Nation to help ad- States want cheap gasoline, they want EXCHANGE OF SPECIAL ORDER dress the needs of those who have been natural gas, but they say do not drill in TIME victimized by this natural disaster. our neighborhood. Mr. DREIER. Madam Speaker, I ask One of the things that has happened Madam Speaker, this is hypocritical. unanimous consent to take the 5 min- is we have seen many people from that This does not make sense. It violates utes that the gentleman from Indiana region obviously find job opportunities common sense. In this Outer Conti- (Mr. BURTON) would have had. in other parts of the Nation. I was in nental Shelf, there are about 300 cubic The SPEAKER pro tempore. Is there my original hometown of Kansas City, feet of natural gas and more than 50 objection to the request of the gen- Missouri, just a few weeks ago, and I billion barrels of oil yet to be discov- tleman from California? met a man who said he had worked at ered, enough to replace current im- There was no objection. Brennan’s Restaurant in New Orleans, ports from the Persian Gulf for 60 years f and he is now working in a food service and produce sufficient natural gas to capacity in Kansas City. Obviously, heat 75 million homes for 60 years. THE GROWTH OF THE U.S. economic growth in other parts of the Madam Speaker, it would seem to me ECONOMY country played a role in creating op- that opening up these areas would be The SPEAKER pro tempore. Under a portunities for people who were sub- the obvious choice. We are the only previous order of the House, the gen- jected to that horrible natural disaster. major industrial power in the world tleman from California (Mr. DREIER) is So, Madam Speaker, one of the that has this silly rule about not drill- recognized for 5 minutes. things that we have got to do is make ing off our own shores. They drill in Mr. DREIER. Madam Speaker, I rise sure that we continue to keep in place the North Sea, and around the world, this afternoon to talk about a very im- our very positive, pro-growth, pro- and yet, they do so safely. portant issue which, frankly, has not trade, pro-economic opportunity poli- My bill would allow the Department gotten a great deal of attention and cies. of the Interior’s Mineral and Mining that is the growth of the U.S. economy Now, what are those policies? Those Service to begin processing these and what it is we have been able to see policies obviously consist of tax reduc- leases. This would bring in additional over the past several weeks and tion. Tax reduction has stimulated the lease revenue to Americans. Right now, months. economy and, in fact, as we all know, Americans are receiving in this blue Virtually everyone has acknowledged generated a level of revenues to the area $7.5 billion a year in lease rev- the fact that Hurricane Katrina was, if Federal Treasury that exceeded expec- enue. Imagine what we could get from not the worst, one of the worst natural tations. In fact, it exceeded expecta- these red areas if we allowed drilling in disasters to hit the United States of tions to the point where we have now these areas. America, and we all know that in the received $94 billion in unanticipated It is important that we use some wake of that disaster where we saw the revenues to the Federal Treasury, re- common sense. Americans worry about tragic loss of life and, of course, the ducing the deficit projection from the skyrocketing energy prices and want devastation of property along the gulf February projection by, as I said, $94 solutions. The decision on where to coast, we assumed that there would be billion. drill is going to have to be made and a very, very deleterious effect on the Madam Speaker, that is a very posi- made soon. This is a price issue, but it U.S. economy. Today, we received what tive sign. It is not a Republican num- is also a national security issue. is news that is not what you would call ber that I am offering. That is a num- Hurricane season is not over and it overwhelmingly positive, but certainly ber that has come from the non- will be back next year. It is inevitable not news that was anything like what partisan Congressional Budget Office. that more storms will come down hur- had been anticipated. Again, it is tax cuts that have brought

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.110 H07OCPT1 H8804 CONGRESSIONAL RECORD — HOUSE October 7, 2005 about this positive, positive economic American public believe that we are in ulate the outcome of a vote on the growth. great shape. What he did not tell us floor of the House of Representatives Unfortunately, many of my col- was that the deficit currently is $8 tril- after the vote was completed. This is leagues on the other side of the aisle lion; that 20 percent of that deficit is unethical subversion of our democracy, during 2001, 2002, 2003, said if we cut owned by Japan, China and other for- and the Republican leadership has taxes we are going to send the U.S. eign countries; that 40 percent of that brought shame on themselves in the economy right into the dumpster and deficit, in fact, is a trade-off between House of Representatives. Unquote. we will send the deficit sky-high. Time our various agencies in the Federal One would think that this was the and time again, many of my friends Government; and that our children and first time that the Republican leader- and I would appear on different pro- our grandchildren are going to be pay- ship had made a decision to trample on grams, and that was what I heard, over ing on that deficit. He then wants us to the rights of the people and to engage and over and over again: Any kind of believe that, as a result of the tax cuts, in shameless conduct by twisting arms tax cut is going to exacerbate the def- the economy’s in great shape, but give on the floor of the House, but let me icit and ruin the U.S. economy. Madam me a break. Stop trying to fool the give my colleagues some background Speaker, we have found the exact oppo- American public. when this has happened previously. site to be the case. The reality is, as a result of those tax On October 7, 2005, this is the bill we Similarly, as we look at the trade cuts, this $8 trillion deficit currently are talking about right now, the Gaso- issue, 94 percent of the world’s con- exists, and as we continue to throw line for America’s Security Act. The sumers are outside of our U.S. borders. money after money over to Iraq and re- vote began at 1:57 p.m., a 5-minute We need to do everything that we can build Iraq, give them education, give vote. It was gaveled down at 2:43 p.m., to continue to open up new markets for them health care, rebuild their infra- some 46 minutes later. U.S. goods and services. structure, we are failing to even want On July 27 and 28, the legislative day We have put into place positive trade to spend time to rebuild the infrastruc- of July 27, on the CAFTA, the vote and growth policies, and those policies ture of New Orleans, Mississippi and started at 11:00 p.m. and went on till are, I am very happy to say, helping Alabama, and in fact, have not even 1:20 a.m. Vote 442, it lasted 63 minutes. the United States of America and cre- contemplated how we are going to pay It originally was supposed to be a 15- ating opportunity for even those vic- for the Katrina loss. But let me give minute vote. tims of the tragedies on the gulf coast. my colleagues some other news. In previous Congresses, on July 8, f It is, in fact, true that the Repub- 2004, it was the Sanders amendment on The SPEAKER pro tempore. Under a licans are proposing to offset the cost the PATRIOT Act to the fiscal year previous order of the House, the gen- of Katrina against people who can least 2005 Commerce Justice State appro- tleman from North Carolina (Mr. afford to lose dollars, and they are priations bill. That was a 38-minute JONES) is recognized for 5 minutes. going to use dollars that go to low-in- vote. (Mr. JONES of North Carolina ad- come folks, Medicare, Medicaid. They On March 30, 2004, on a motion to in- dressed the House. His remarks will ap- are going to use dollars that go to col- struct conferees on PAYGO on the fis- pear hereafter in the Extensions of Re- lege education. They are going to use cal year 2005 budget resolution, it was marks.) dollars that go towards the HUD de- a 28-minute vote when it should have partment that provides for housing, f been a 5-minute vote. and the list goes on. On November 22, 2003, the final pas- The SPEAKER pro tempore. Under a So I do not know how he could stand previous order of the House, the gen- sage of the conference report on H.R. 1, on the floor of this House and make the prescription drug bill, imagine this, tleman from New Jersey (Mr. GARRETT) people of America think that we are is recognized for 5 minutes. a 3-hour vote. During this time frame doing well. We are really not, and in bribes allegedly offered. (Mr. GARRETT of New Jersey ad- fact, the trade deficit continues to rise, dressed the House. His remarks will ap- On final passage of H.R. 1, the pre- and people in America are still out of scription drug bill, it was 50 minutes. pear thereafter in the Extensions of work, while many of the companies are Remarks.) On March 20, 2003, final passage of going across the border or across the the budget resolution, it was 26 min- f seas and giving jobs to people in China utes long. The SPEAKER pro tempore. Under a and other countries. On July 12, 2001, the campaign fi- previous order of the House, the gen- The gentleman from California (Mr. nance bill, this was a timeout to deter- tleman from Michigan (Mr. MCCOTTER) DREIER) needs a wake-up call so we can mine what was to occur next on the is recognized for 5 minutes. begin to tell the people of America the floor, 13 minutes. (Mr. MCCOTTER addressed the truth. On October 9, 1997, passage of fiscal House. His remarks will appear here- ENERGY BILL VOTE year 1998 D.C. appropriations bill, 33 after in the Extensions of Remarks.) Mrs. JONES of Ohio. Madam Speak- minutes. f er, let me switch horses just for a mo- The longest votes prior to the Repub- The SPEAKER pro tempore. Under a ment and talk about what just hap- lican majority in the House, October 3, previous order of the House, the gen- pened on the floor of the House. 1994, a timeout to accommodate tleman from Virginia (Mr. TOM DAVIS) We just had a vote on the energy bill, changes in the floor schedule was only is recognized for 5 minutes. and my colleagues will recall that the 44 minutes. (Mr. TOM DAVIS of Virginia ad- vote, when it began, was supposed to be b 1615 dressed the House. His remarks will ap- a 5-minute vote. Ultimately, it ended pear hereafter in the Extensions of Re- up probably being a 45-minute vote, And the list goes on. marks.) and again, the Republicans are twist- Madam Speaker, this is a specific ex- f ing arms of their colleagues to get ample of how the Republican leader- them to vote in support of a bill when, ship has used the floor because they THE DEFICIT in reality, they would not have done are in the majority to push and shove The SPEAKER pro tempore. Under that. In fact, there are many times on and make people vote the way they the Speaker’s announced policy of Jan- the floor of the House when the vote want them to vote instead of the way uary 4, 2005, the gentlewoman from should have been called and it was not. in which the Member had chosen to Ohio (Mrs. JONES) is recognized for 60 I am going to quote some of my col- vote previously. I call upon the Amer- minutes as the designee of the minor- leagues specifically on this issue. The ican people to pay attention because as ity leader. gentlewoman from New York (Ms. time goes along, it will be revealed Mrs. JONES of Ohio. Madam Speak- SLAUGHTER), my colleague says, Once what is happening on the floor of this er, I rise at a perfect opportunity to again, on an issue of critical impor- House. talk about the deficit. tance to the American people, the Re- Let me switch veins one more time. The gentleman from California (Mr. publican majority has chosen to tram- Everybody has been talking about Hur- DREIER), my colleague, would have the ple the democratic process and manip- ricane Katrina and Hurricane Rita. Let

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.113 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8805 us talk about Hurricane Katrina 1 would begin to provide rent payments want to include in there some chances month later. It has been 1 month since to families displaced by the storm. or opportunities to include affirmative Hurricane Katrina devastated the gulf Democrats have proposed using emer- action? coast region; yet as of September 27, gency housing vouchers to meet imme- And the list goes on, as we talk about less than one-tenth of the relief au- diate needs and support funding for education and the opportunity for thorized by Congress has reached the construction and repair of affordable these young people to move into school 1.2 million households impacted by the housing in the disaster area. Let me systems or move into other colleges to storm and thousands of households take a note from this and say that also be successful. We go on to talk about have received no relief from FEMA at Democratic Members of the Congress the process that the administration all. have proposed various tax initiatives has instead chosen to advance the con- Little wonder, since instead of pro- to encourage people to move back to troversial agenda for education vouch- viding relief to the survivors of the the areas from which they left. ers to private schools. storms the Republicans continue to One of the pieces of legislation that I Some people may want to attend pri- focus on special interests by appointing introduced provides specifically a tax vate schools, but many of the children political cronies such as Michael credit or a tax incentive for families to may want to attend the kind of school Brown and David Safavian, who take go back and build where they lived. It they were attending before, a public jobs they are not qualified for and who would be like a first-time home buyer school, where you have a diversity of unfairly award contracts to their sup- program that would allow them to students in the system. It is a shame porters. build back in the community where that after all that we have gone Here is a closer look at how the Re- they lived. Because basically it is pos- through, after all the suffering that we publican failures are impacting the sible, based on all that we can see, that have seen as a result of Katrina that survivors of Katrina. Health care: Re- many of the families who would want we would not have in place a system, publican red tape leaves hurricane vic- to move back to the various areas some 30-some days later, to support tims without care. Nearly one in four which have been affected would not be and encourage the people of the par- people living at the Houston shelters able to afford to move back to those ticular areas. reported a time since the hurricane hit communities. I also want to talk about the problem when they simply could not get the I also have proposed in a piece of leg- that we see with regard to first re- medical care they needed. This admin- islation that I have authored that the sponders. They were supposed to, istration has failed simply to provide low-income housing tax credit be dou- meaning the administration and this for basic health care needs of the Hur- bled in order to encourage developers Congress, provide dollars to the various ricane Katrina survivors. to build in many of these areas. Cur- areas to support first responders. In- Instead, they are pursuing a con- rently, it is 1.78. Under the proposal stead, they have decided to not meet fusing and limited bureaucratic health that I have presented, it would be dou- the needs of the first responders. Addi- care waiver approach that is making it bled to 3.50 to allow developers to be tionally, when Hurricane Katrina hit, difficult for Hurricane Katrina sur- encouraged to build in those commu- emergency personnel were on at least vivors to know what their health bene- nities. five different channels, which was fits are and which may leave many sur- It is high time that we stop talking making communications difficult. In- vivors, such as childless adults or poor about assisting the victims of Katrina stead of fixing the problem for first re- parents, without any access to care at and Rita and give them what they need sponders in communicating with each all and States without Federal funding to be successful. other, the Republicans allowed it to to assist evacuees. In addition, let us talk about eco- fester. Democrats support a bipartisan sim- nomic security. As many as 400,000 in- We all recognized the problem we saw ple and fair solution to ensure that all dividuals have lost their jobs as a re- on 9/11, that the first responders had no victims of the hurricane have tem- sult of Hurricane Katrina; yet the Re- way of communicating with one an- porary access to the basic care they publicans have proposed no changes to other. You would have thought, under- need. They want to cut the red tape by extend unemployment assistance. Un- standing that, that before another allowing Medicaid to provide tem- employment benefits are the lowest in event occurred, such as Katrina or porary health care coverage. the country in the three impacted Rita, that we would have put in place a Now, with regard to housing, the Re- States, averaging less than $200 per system and dollars for first responders publicans have left thousands without week, or about 50 percent of the pov- to be able to communicate with one an- a place to call home. A full 3 weeks erty level of a family of four. other. But we did not fix that. after Katrina hit, fewer than 13,000 of Rather than acting to help working One hopes that as the weeks and the 200,000 families in need of housing families, the Bush administration has months go along that this Republican assistance have received any help from cut the wages of workers working on Congress, this majority Republican the administration, even though there Katrina reconstruction by suspending Congress, would attempt to address the are more than one million low-cost the Davis-Bacon rules in the gulf re- issues that are important to the people rental units available in the South. gion which requires a payment of pre- of America, such as our first respond- First, the administration proposed vailing wage. Now, if we are going to ers; that they will look at a real energy purchasing 300,000 travel trailers, rec- talk about poor people in the United bill, instead of the one they placed on reational vehicles and manufactured States of America, and then we are the floor and beat people into submis- housing, only to find that some of the going to pay them below the prevailing sion to vote for; and that they would orders may take a year to fill and only wage, how do we expect they are going also look at this culture of cronyism, one-third of the proposed sites for the to be able to take care of their families wherein only their friends have an op- housing and the necessary infrastruc- and to afford health insurance, if that portunity to bid on contracts. ture are in place. Then FEMA char- is the case? Excuse me, they do not even have to tered cruise ships as temporary shel- It does not make sense at a time bid on the contracts. Only their friends ters, with little understanding that liv- when the President says that poverty have access to contracts, wherein they ing on a ship at sea would make it dif- and racism are actually the outcome of have an opportunity to do the work ficult to find jobs and schooling. Then what we see with Katrina and across that is created as a result of the disas- the President announced an urban this country that we would want to pay ters in our country. homestead initiative which will pro- families at below prevailing wages. As I close, Madam Speaker, this vide little more than a lottery of prop- Also, in the process of putting in place afternoon, I would say to the American erties held by the Federal Government these economic programs, the Presi- public that there is a lot for you to that will help only a fraction of the af- dent has proposed that affirmative ac- take a look at and understand what is fected families. tion policies not be put in place. Again, happening here on the floor of the It was not until nearly 1 month after most of the people involved in the House of Representatives, this pushing the disaster struck that the Bush ad- Katrina and Rita hurricanes were Afri- and arm twisting, the cronyism and ministration finally announced it can Americans. Why would you not the like.

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.119 H07OCPT1 H8806 CONGRESSIONAL RECORD — HOUSE October 7, 2005 Because, Madam Speaker, in the up- experience of being in Hollywood on Marsalis. From 1985 through 1997, Hopkins coming weeks we will be involved in a the Walk of Fame for a famous jazz and co-starred in the play ‘‘Black and Blue’’ on lot of issues that are going to come be- blues singer, Linda Hopkins, who re- Broadway and in Paris. She also holds the fore this Congress that will be impor- ceived her star on the Hollywood Walk record for most guest performances on John- ny Carson’s ‘‘Tonight Show,’’ with more tant to the American public, such as of Fame. than 148 appearances. She recently returned additional issues with regard to en- Linda Hopkins was honored with the from working on ‘‘Wild Women Blues,’’ ergy. And this happening at a time 2,292nd star on the world-famous Holly- which she created and toured with through- when the American public expects that wood Walk of Fame yesterday, October out Europe. She will return to the show in we are going to be operating above- 6, at 11:30 a.m. in front of the Pantages December. board and we are going to be operating Theatre. Johnny Grant, Honorary Hopkins continues her work in the commu- in a way in that all of us can stand up Mayor of Hollywood and Chairman of nity by helping the homeless, presenting and and say that we are proud to be Ameri- the Walk of Fame Committee, presided assisting new and young artists in the per- forming arts community and doing outreach cans; that we are proud to be a part of over the event. to local communities to promote economic a Congress of the United States that Hopkins made her singing debut at development. acts appropriately; and that we are the age of 3 in her hometown church in proud to support and help those who New Orleans and grew up to become an f are most in need of our help. internationally acclaimed vocalist and LEAVE OF ABSENCE CONGRATULATIONS TO CLEVELAND CITY COUNCIL actress. Hopkins was inspired by blues By unanimous consent, leave of ab- PRESIDENT, FRANK JACKSON legend Bessie Smith and began to sing sence was granted to: Mrs. JONES of Ohio. Madam Speak- her songs and conceived, wrote, and Mr. POE (at the request of Mr. BLUNT) er, if you would allow me, on a wholly starred in the one-woman musical, ‘‘Me for today until 1:45 p.m. on account of different issue, I would like to take and Bessie.’’ The musical was the long- official business in his district. this opportunity at this time to con- est running show in the history of gratulate the council president of the Broadway and the only one written by f city of Cleveland, Frank Jackson. an African American woman. It also SPECIAL ORDERS GRANTED won the coveted Drama Desk Award. Frank Jackson just won the mayoral By unanimous consent, permission to In 1972, she won the Tony Award for primary in the city of Cleveland, beat- address the House, following the legis- best supporting actress for her per- ing out the current mayor by some lative program and any special orders formance in ‘‘Inner City.’’ Hopkins 4,000 votes. So this gives me a great op- heretofore entered, was granted to: toured with such artists as Sammy portunity to congratulate him for the (The following Members (at the re- work that he has done. Davis, Jr. and Bradford Marsalis. From quest of Mr. LIPINSKI) to revise and ex- 1985 through 1997, Hopkins co-starred in f tend their remarks and include extra- the play ‘‘Black and Blue’’ on Broad- neous material:) FURTHER MESSAGE FROM THE way and in Paris. SENATE Ms. WOOLSEY, for 5 minutes, today. b 1630 Mr. DEFAZIO, for 5 minutes, today. A further message from the Senate She also holds the record for the Mr. BROWN of Ohio, for 5 minutes, by Ms. Curtis, one of its clerks, an- today. nounced that the Senate has passed a most guest performances on Johnny Carson’s ‘‘Tonight Show’’ with more Mr. SCHIFF, for 5 minutes, today. bill of the following title in which the Mr. LIPINSKI, for 5 minutes, today. concurrence of the House is requested: than 148 appearances. She recently re- turned from working on ‘‘Wild Women (The following Members (at the re- H. Con. Res. 263. Concurrent resolution quest of Mr. PAUL) to revise and extend providing for a conditional adjournment of Blues’’ which she created and toured throughout Europe. She will return to their remarks and include extraneous the House of Representatives and a condi- material:) tional recess or adjournment of the Senate. the show in December. Hopkins con- tinues her work in the community by Mr. GARRETT of New Jersey, for 5 f helping the homeless, presenting and minutes, today. APPOINTMENT OF HON. JEAN assisting new and young artists in the Mr. MCCOTTER, for 5 minutes, today. SCHMIDT TO ACT AS SPEAKER performing arts community, and doing Mr. TOM DAVIS of Virginia, for 5 min- PRO TEMPORE TO SIGN EN- outreach to local communities to pro- utes, today. ROLLED BILLS AND JOINT RESO- mote economic development. (The following Members (at their own LUTIONS ON TODAY Mr. Speaker, I want to say congratu- request) to revise and extend their re- lations to Linda once again, and we are marks and include extraneous mate- The SPEAKER pro tempore (Mrs. rial:) SCHMIDT) laid before the House the fol- so very pleased to be the ones to nomi- nate Linda. It took us a few years, but Mr. DREIER, for 5 minutes, today. lowing communication from the Ms. WATSON, for 5 minutes, today. Speaker: she got that star on the Walk of Fame. THE SPEAKER’S ROOMS, LINDA HOPKINS TO RECEIVE STAR ON f HOUSE OF REPRESENTATIVES, HOLLYWOOD WALK OF FAME TODAY ENROLLED BILL SIGNED Washington, DC, Oct. 7, 2005. Singer Linda Hopkins will be honored with I hereby appoint the Honorable JEAN the 2,292nd star on the world famous Holly- Mr. Trandahl, Clerk of the House, re- SCHMIDT to act as Speaker pro temore to wood Walk of Fame on Oct. 6, 11:30 a.m., in ported and found truly enrolled a bill sign enrolled bills and joint resolutions on front of Pantages Theatre, 6233 Hollywood of the House of the following title, this day. Blvd. Johnny Grant, Honorary Mayor of Hol- which was thereupon signed by the DENNIS HASTERT, lywood and Chairman of the Walk of Fame Speaker: Speaker of the House of Representatives. Committee, will preside over the event. H.R. 2360. An act making appropriations Hopkins made her singing debut at the age The SPEAKER pro tempore. Without for the Department of Homeland Security for of three in her hometown church in New Or- objection, the appointment is ap- the fiscal year ending September 30, 2006, and leans and grew up to become an internation- proved. for other purposes. ally acclaimed vocalist and actress. Hopkins There was no objection. was inspired by blues legend Bessie Smith f f and began to sing her songs and conceived, wrote and starred in the one-woman musical, ADJOURNMENT TRIBUTE TO LINDA HOPKINS ‘‘Me and Bessie.’’ The musical was the long- Mrs. JONES of Ohio. Madam Speak- The SPEAKER pro tempore. Under a est running show in the history of Broadway er, pursuant to House Concurrent Reso- previous order of the House, the gentle- and the only one written by an African lution 263, 109th Congress, I move that American woman. It also won the coveted woman from California (Ms. WATSON) is the House do now adjourn. Drama Desk Award. recognized for 5 minutes. In 1972, she won the Tony Award for Best The motion was agreed to. Ms. WATSON. Madam Speaker, I Supporting Actress for her performance in The SPEAKER pro tempore (Mrs. want to come and join with hundreds of ‘‘Inner City.’’ Hopkins toured with such art- SCHMIDT). Pursuant to House Concur- people who yesterday had the exciting ists as Sammy Davis Jr. and Branford rent Resolution 263, 109th Congress, the

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.120 H07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — HOUSE H8807 House stands adjourned until 2 p.m. on H.R. 4016. A bill to provide assistance to re- NAPOLITANO, Ms. SCHAKOWSKY, Ms. Monday, October 17, 2005. vitalize institutions of higher education af- WOOLSEY, Mr. HOLDEN, Ms. BERKLEY, Thereupon (at 4 o’clock and 31 min- fected by the Gulf hurricane disasters; to the Mr. GILLMOR, Mr. SCHIFF, Mr. HONDA, utes p.m.), pursuant to House Concur- Committee on Education and the Workforce, Mr. EDWARDS, Mr. ISRAEL, Mr. CON- and in addition to the Committee on the YERS, Ms. ZOE LOFGREN of California, rent Resolution 263, the House ad- Budget, for a period to be subsequently de- Mr. INSLEE, Mr. NEAL of Massachu- journed until Monday, October 17, 2005, termined by the Speaker, in each case for setts, and Mr. TOM DAVIS of Vir- at 2 p.m. consideration of such provisions as fall with- ginia): f in the jurisdiction of the committee con- H.R. 4023. A bill to require the Consumer cerned. Product Safety Commission to issue regula- REPORTS OF COMMITTEES ON By Mr. SAM JOHNSON of Texas (for tions mandating child-resistant closures on PUBLIC BILLS AND RESOLUTIONS himself and Mr. MARCHANT): all portable gasoline containers; to the Com- Under clause 2 of rule XIII, reports of H.R. 4017. A bill to provide assistance for mittee on Energy and Commerce. the education of elementary and secondary committees were delivered to the Clerk By Mr. BAKER (for himself and Mr. students; to the Committee on Education JEFFERSON): for printing and reference to the proper and the Workforce. H.R. 4024. A bill to make funds available calendar, as follows: By Mr. BOEHNER (for himself, Mr. for community disaster loans to assist local Mr. POMBO: Committee on Resources. S. DELAY, Mr. BLUNT, Mr. SAM JOHNSON governments in providing essential services 1339. An act to reauthorize the Junior Duck of Texas, Mr. KLINE, Mr. MARCHANT, following Hurricane Katrina, and for other Stamp Conservation and Design Program Ms. FOXX, Mr. CHOCOLA, Mr. DOO- purposes; to the Committee on Transpor- Act of 1994 (Rept. 109–246). Referred to the LITTLE, Mr. FLAKE, Mr. FRANKS of Ar- tation and Infrastructure. Committee of the Whole House on the State izona, Mr. MCHENRY, Mr. PENCE, Mr. By Mr. BARROW (for himself, Mr. FIL- of the Union. SESSIONS, Mr. SHADEGG, and Mr. NER, Mr. MICHAUD, Mr. JONES of f TIAHRT): North Carolina, Mr. EVANS, Ms. H.R. 4018. A bill to repeal certain education HERSETH, and Mr. BROWN of Ohio): PUBLIC BILLS AND RESOLUTIONS provisions; to the Committee on Education H.R. 4025. A bill to amend title 38, United Under clause 2 of rule XII, public and the Workforce. States Code, to eliminate the deductible and By Mr. CANNON: change the method of determining the mile- bills and resolutions were introduced H.R. 4019. A bill to amend title 4 of the and severally referred, as follows: age reimbursement rate under the bene- United States Code to clarify the treatment ficiary travel program administered by the By Mrs. MALONEY (for herself, Mr. of self-employment for purposes of the limi- Secretary of Veterans Affairs, and for other JEFFERSON, Mr. MELANCON, Mr. tation on State taxation of retirement in- purposes; to the Committee on Veterans’ Af- GRIJALVA, Mr. SERRANO, Mr. CROW- come; to the Committee on the Judiciary. fairs. LEY, Mr. MEEKS of New York, and Ms. By Mr. FRANK of Massachusetts (for By Mr. CROWLEY (for himself, Mr. DELAURO): himself, Mr. SANDERS, Mr. JEFFER- ISRAEL, Mr. GRIJALVA, Ms. H.R. 4012. A bill to amend the Robert T. SON, and Mr. MELANCON): WASSERMAN SCHULTZ, and Mr. DAVIS Stafford Disaster Relief and Emergency As- H.R. 4020. A bill to authorize the Commu- of Illinois): sistance Act to modify the terms of the com- nity Development Financial Institutions H.R. 4026. A bill to amend the Internal Rev- munity disaster loan program, and for other Fund to conduct a special round of funding enue Code of 1986 to allow nonrefundable purposes; to the Committee on Transpor- in fiscal year 2006 for assistance in areas af- credits against income tax for certain gaso- tation and Infrastructure. fected by Hurricane Katrina, and for other line, diesel fuel, and home energy consump- By Mr. CANNON: purposes; to the Committee on Financial tion expenses, and for other purposes; to the H.R. 4013. A bill to amend the Reclamation Services. Committee on Ways and Means. Projects Authorization and Adjustment Act By Ms. NORTON: By Mr. CUMMINGS: of 1992 to provide for conjunctive use of sur- H.R. 4021. A bill to permit statues honoring H.R. 4027. A bill to establish a short-term face and groundwater in Juab County, Utah; citizens of the District of Columbia to be moratorium on the payment of principal or to the Committee on Resources. placed in Statuary Hall in the same manner interest on certain mortgage loans secured By Mr. HYDE (for himself and Mr. LAN- as statues honoring citizens of the States are by residential or commercial real estate lo- TOS): placed in Statuary Hall, and for other pur- cated in any area declared to be a Federal H.R. 4014. A bill to reauthorize the Millen- poses; to the Committee on House Adminis- disaster area due to Hurricane Katrina or nium Challenge Act of 2003, and for other tration. Hurricane Rita, and for other purposes; to purposes; to the Committee on International By Mr. ROSS: the Committee on Financial Services. Relations. H.R. 4022. A bill to require health insur- By Mr. DAVIS of Tennessee: By Mr. NUNES (for himself, Mr. DOO- ance coverage for certain reconstructive sur- H.R. 4028. A bill to require employers of LITTLE, Mr. POMBO, Mr. BOEHNER, Mr. gery; to the Committee on Energy and Com- temporary H-2A workers to pay such workers RENZI, Mr. PORTER, Mr. FRANKS of merce, and in addition to the Committee on at least the greater of the Federal or State Arizona, Mr. HERGER, Mr. GIBBONS, Education and the Workforce, for a period to minimum wage rate; to the Committee on Mr. HAYWORTH, Mr. THOMAS, Mr. be subsequently determined by the Speaker, the Judiciary. BACA, Mr. CARDOZA, Mr. COSTA, Mr. in each case for consideration of such provi- By Ms. DELAURO: DANIEL E. LUNGREN of California, Mr. sions as fall within the jurisdiction of the H.R. 4029. A bill to ensure fairness in gaso- FILNER, Mr. FARR, Ms. WOOLSEY, Ms. committee concerned. line, diesel fuel, and home heating oil prices; ZOE LOFGREN of California, Ms. HAR- By Mr. BACHUS (for himself, Mr. to the Committee on Education and the MAN, Mrs. NAPOLITANO, Mr. DUNCAN, MOORE of Kansas, Mr. WAXMAN, Mr. Workforce. Mr. HOLDEN, Mr. SESSIONS, Mr. WELDON of Pennsylvania, Ms. By Ms. DELAURO (for herself, Mr. THOMPSON of California, Ms. BERK- WASSERMAN SCHULTZ, Mr. BROWN of Ohio, Ms. CARSON, Mr. POM- LEY, Mr. PASTOR, and Ms. MATSUI): MCDERMOTT, Mr. BOSWELL, Mr. EROY, Mr. GRIJALVA, Mr. PRICE of H.R. 4015. A bill to ensure regulatory eq- GUTIERREZ, Mr. JACKSON of Illinois, North Carolina, and Ms. uity between and among all dairy farmers Mr. UDALL of New Mexico, Mr. PRICE SCHAKOWSKY): and handlers for sales of packaged fluid milk of North Carolina, Mrs. MCCARTHY, H.R. 4030. A bill to amend the Internal Rev- in federally regulated milk marketing areas Mr. MELANCON, Mr. DOGGETT, Mr. enue Code of 1986 to repeal the inflation ad- and into certain non-federally regulated BISHOP of New York, Mr. NADLER, Mr. justment of the earned income threshold milk marketing areas from federally regu- LARSON of Connecticut, Ms. JACKSON- used in determining the refundable portion lated areas, and for other purposes; to the LEE of Texas, Mr. MEEHAN, Ms. of the child tax credit and to restore the Committee on Agriculture. SLAUGHTER, Mr. ACKERMAN, Mr. RA- threshold to its original amount; to the By Mr. GEORGE MILLER of California HALL, Mr. HOYER, Mr. LEWIS of Geor- Committee on Ways and Means. (for himself, Ms. PELOSI, Mr. KILDEE, gia, Ms. KAPTUR, Mr. CARDIN, Mr. By Mr. MARIO DIAZ-BALART of Flor- Mr. DAVIS of Alabama, Mr. OWENS, KENNEDY of Rhode Island, Mr. HIN- ida (for himself, Mr. PUTNAM, Ms. Mr. PAYNE, Mr. SCOTT of Virginia, CHEY, Mr. WEINER, Mr. MARKEY, Mrs. HARRIS, Mr. FOLEY, Ms. WASSERMAN Ms. WOOLSEY, Mr. HINOJOSA, Mrs. DAVIS of California, Mr. DAVIS of Ala- SCHULTZ, Mr. LINCOLN DIAZ-BALART MCCARTHY, Mr. HOLT, Ms. MCCOLLUM bama, Mr. DAVIS of Illinois, Mr. VAN of Florida, Mr. MILLER of Florida, of Minnesota, Mr. DAVIS of Illinois, HOLLEN, Ms. EDDIE BERNICE JOHNSON Mr. MEEK of Florida, and Ms. ROS- Mr. GRIJALVA, Mr. VAN HOLLEN, Mr. of Texas, Mr. BLUMENAUER, Mr. HOLT, LEHTINEN): BISHOP of New York, Ms. LEE, Ms. Ms. CARSON, Ms. DELAURO, Ms. SOLIS, H.R. 4031. A bill to provide assistance to WASSERMAN SCHULTZ, Mrs. MALONEY, Mr. MORAN of Virginia, Mr. CLEAVER, nursery crop and tropical fruit producers Mr. CONYERS, Mr. BROWN of Ohio, Mr. Ms. SCHWARTZ of Pennsylvania, Mr. whose agricultural operations were severely STARK, Ms. WATSON, Mr. JEFFERSON, KILDEE, Mr. CARNAHAN, Mr. MATHE- damaged by Hurricane Dennis, Hurricane Mr. CUMMINGS, Mrs. NAPOLITANO, and SON, Mr. CARDOZA, Mr. WU, Mr. Katrina, or Hurricane Rita in 2005; to the Ms. BORDALLO): SPRATT, Mr. DAVIS of Tennessee, Mrs. Committee on Agriculture, and in addition

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K07OC7.127 H07OCPT1 H8808 CONGRESSIONAL RECORD — HOUSE October 7, 2005 to the Committee on the Budget, for a period visions as fall within the jurisdiction of the termined by the Speaker, in each case for to be subsequently determined by the Speak- committee concerned. consideration of such provisions as fall with- er, in each case for consideration of such pro- By Mr. GREEN of Wisconsin: in the jurisdiction of the committee con- visions as fall within the jurisdiction of the H.R. 4039. A bill to amend title XVIII of the cerned. committee concerned. Social Security Act to provide for an excep- By Mr. GEORGE MILLER of California By Mr. DOOLITTLE: tion to the reduction in unused medical resi- (for himself, Ms. WOOLSEY, Mr. KIL- H.R. 4032. A bill to amend the Immigration dency positions for small family practice DEE, Mr. PAYNE, Mr. SCOTT of Vir- and Nationality Act to remove the discretion residency programs under the Medicare Pro- ginia, Mr. HINOJOSA, Mrs. MCCARTHY, of the Secretary of Homeland Security with gram; to the Committee on Ways and Means. Mr. HOLT, Mr. DAVIS of Illinois, Ms. respect to expedited removal under section By Mr. HERGER: MCCOLLUM of Minnesota, Mr. 235(b)(1)(A)(iii)(I) of such Act and to amend H.R. 4040. A bill to amend the Internal Rev- GRIJALVA, Mr. VAN HOLLEN, Mr. JEF- the Truth in Lending Act to prohibit enue Code of 1986 to provide that the deduc- FERSON, Ms. EDDIE BERNICE JOHNSON issuance of residential mortgages to illegal tion for certain attorney fees shall be fully of Texas, Mr. OWENS, and Mrs. DAVIS aliens; to the Committee on the Judiciary, allowable in computing both taxable income of California): and in addition to the Committee on Finan- and alternative minimum taxable income; to H.R. 4048. A bill to authorize the Secretary cial Services, for a period to be subsequently the Committee on Ways and Means. of Education to make grants to local edu- determined by the Speaker, in each case for By Mr. HERGER: cational agencies to restart school oper- consideration of such provisions as fall with- H.R. 4041. A bill to amend the Internal Rev- ations interrupted by Hurricane Katrina or in the jurisdiction of the committee con- enue Code of 1986 to provide that the deduc- Hurricane Rita, and for other purposes; to cerned. tion for certain flood-related attorney fees the Committee on Education and the Work- By Mr. ENGEL (for himself, Mr. shall be fully allowable in computing both force. TERRY, Mr. SHIMKUS, Mr. WAXMAN, taxable income and alternative minimum By Mr. POMBO (for himself, Mr. COSTA, Mr. WHITFIELD, Mr. BROWN of Ohio, taxable income; to the Committee on Ways Mr. CARDOZA, Mr. CASE, Mr. NUNES, Ms. ESHOO, Mr. TOWNS, Mr. RUSH, and Means. Mr. BACA, Mr. HERGER, Mr. FARR, Mr. Mrs. CAPPS, Mr. ALLEN, Mr. RANGEL, By Mr. HERGER: RADANOVICH, Mr. BOYD, and Ms. ZOE OFGREN Mr. FOLEY, Mr. MCNULTY, Mr. H.R. 4042. A bill to amend title XVIII of the L of California): H.R. 4049. A bill to authorize the Secretary MCHUGH, Ms. ROS-LEHTINEN, Mr. Social Security Act to modernize payments of Agriculture to enter into cooperative MCDERMOTT, Ms. DELAURO, Mr. for ambulatory surgical centers under the agreements with State and local govern- SHAYS, Mr. JEFFERSON, Mr. GOODE, Medicare Program; to the Committee on En- ments to augment their efforts to conduct Mr. LANTOS, Ms. BERKLEY, Mr. CAL- ergy and Commerce, and in addition to the Committee on Ways and Means, for a period early detection and surveillance to prevent VERT, Ms. BORDALLO, Mr. BRADY of the establishment or spread of plant pests Pennsylvania, Mr. MOORE of Kansas, to be subsequently determined by the Speak- er, in each case for consideration of such pro- that endanger agriculture, the environment, Ms. JACKSON-LEE of Texas, Mr. ABER- and the economy of the United States; to the visions as fall within the jurisdiction of the CROMBIE, Ms. CARSON, Mr. CROWLEY, Committee on Agriculture. committee concerned. Mr. FILNER, Mr. GRIJALVA, Mr. HIG- By Mr. RAMSTAD (for himself, Mr. PE- By Mr. ISSA (for himself, Mr. GINS, Mr. HINCHEY, Mr. KUCINICH, Mr. TERSON of Minnesota, Mr. OBERSTAR, CONAWAY, Mr. RADANOVICH, Mrs. LYNCH, Mr. RUPPERSBERGER, Mr. Mr. UDALL of Colorado, Mr. SANDERS, Mr. SCHIFF, Mr. SCOTT of BONO, and Mr. DOOLITTLE): H.R. 4043. A bill to provide for a report BEAUPREZ, Ms. MCCOLLUM of Min- Georgia, Mr. VAN HOLLEN, Ms. nesota, Mr. HEFLEY, and Mr. from the National Academy of Sciences on WASSERMAN SCHULTZ, Mr. WEINER, TANCREDO): the feasibility and design of a national stra- Mr. WEXLER, Mr. CAPUANO, and Mr. H.R. 4050. A bill to amend title XVIII of the OWENS): tegic gasoline reserve; to the Committee on Social Security Act to extend reasonable H.R. 4033. A bill to amend the Public Energy and Commerce. cost contracts under Medicare; to the Com- Health Service Act to provide for the estab- By Ms. JACKSON-LEE of Texas: mittee on Ways and Means, and in addition lishment of an Amyotrophic Lateral Scle- H.R. 4044. A bill to provide for more effi- to the Committee on Energy and Commerce, rosis Registry; to the Committee on Energy cient and effective protection of the borders for a period to be subsequently determined and Commerce. of the United States; to the Committee on by the Speaker, in each case for consider- By Mr. GARRETT of New Jersey: Homeland Security, and in addition to the ation of such provisions as fall within the ju- H.R. 4034. A bill to allow a deduction for Committees on Government Reform, and the risdiction of the committee concerned. 100 percent of medical expenses, not com- Judiciary, for a period to be subsequently de- By Mr. REHBERG (for himself, Mrs. pensated for by insurance or otherwise, for termined by the Speaker, in each case for CUBIN, and Mr. BISHOP of Utah): taxpayers residing in the Hurricane Katrina consideration of such provisions as fall with- H.R. 4051. A bill to establish the policy of disaster area; to the Committee on Ways and in the jurisdiction of the committee con- the United States on the size of the land- Means. cerned. based intercontinental ballistic missile By Mr. GARRETT of New Jersey: By Mrs. MALONEY (for herself, Mr. force; to the Committee on Armed Services. H.R. 4035. A bill to amend the Internal Rev- LANTOS, and Mr. BILIRAKIS): By Mr. SANDERS (for himself, Mr. enue Code of 1986 to eliminate capital gains H.R. 4045. A bill to award a congressional GUTKNECHT, Mr. GEORGE MILLER of taxes on investments in the Hurricane gold medal to Rabbi Arthur Schneier in rec- California, Mr. HINCHEY, Mr. DAVIS of Katrina disaster area to reduce the estate ognition of his pioneering role in promoting Illinois, Ms. LEE, Mr. BISHOP of New tax for victims of Hurricane Katrina; to the religious freedom and human rights through- York, Ms. WOOLSEY, Mr. EMANUEL, Committee on Ways and Means. out the world, for close to half a century; to Mr. MURTHA, Mr. TAYLOR of Mis- By Mr. GILLMOR (for himself and Ms. the Committee on Financial Services. sissippi, Ms. BORDALLO, Mr. OBER- DEGETTE): By Mr. MICHAUD: STAR, Mr. BRADY of Pennsylvania, H.R. 4036. A bill to amend the Public H.R. 4046. A bill to amend title 38, United Mr. DEFAZIO, Mrs. MALONEY, Mr. Health Service Act to allow qualifying chil- States Code, to provide authority, in certain BROWN of Ohio, Mr. HOLT, Mr. BERRY, dren’s hospitals to participate in the 340B cases, for the Secretary of Veterans Affairs Mr. MARKEY, Mr. GRIJALVA, Ms. KIL- drug discount program; to the Committee on to provide care for the newborn children of PATRICK of Michigan, Mr. LANTOS, Energy and Commerce. veterans who have been provided maternity Mr. FILNER, Mr. UDALL of New Mex- By Mr. GONZALEZ: care by the Department of Veterans Affairs; ico, Mr. MCGOVERN, Mr. KENNEDY of H.R. 4037. A bill to prohibit offering home- to the Committee on Veterans’ Affairs. Rhode Island, Mr. FRANK of Massa- building purchase contracts that contain in By Mr. MILLER of Florida (for himself, chusetts, Mr. VAN HOLLEN, Mr. a single document both a mandatory arbitra- Mr. PAUL, Mr. BARTLETT of Mary- DOYLE, Mr. PAYNE, Ms. LINDA T. tion agreement and other contract provi- land, Mr. KIND, Mr. SHIMKUS, Mr. SA´ NCHEZ of California, Ms. sions, and to prohibit requiring purchasers DAVIS of Tennessee, Mr. SIMMONS, MILLENDER-MCDONALD, Mr. OLVER, to consent to a mandatory arbitration agree- Mr. COBLE, Mrs. EMERSON, Mr. Mr. PALLONE, Ms. NORTON, Ms. ment as a condition precedent to entering MATHESON, Mr. GREEN of Wisconsin, SCHAKOWSKY, Mr. DOGGETT, Mr. into a homebuilding purchase contract; to Mr. HALL, Mr. FLAKE, Mr. BRADLEY of EVANS, Mr. VISCLOSKY, Mr. MEEK of the Committee on Financial Services. New Hampshire, Mr. BARRETT of Florida, Mr. WEXLER, Mr. BOEHLERT, By Mr. GONZALEZ (for himself and South Carolina, Mr. GINGREY, Mr. Mr. MEEKS of New York, Mr. Mr. REYES): KENNEDY of Minnesota, Mr. GIBBONS, TIERNEY, Mr. ENGEL, Mr. CONYERS, H.R. 4038. A bill to amend the Immigration and Mr. ENGLISH of Pennsylvania): Ms. ESHOO, Mr. ALLEN, Ms. EDDIE and Nationality Act to improve enforcement H.R. 4047. A bill to amend the Legislative BERNICE JOHNSON of Texas, Mr. RUSH, of restrictions on employment in the United Reorganization Act of 1946 to reduce the rate Mr. LYNCH, Mrs. NAPOLITANO, Ms. States of unauthorized aliens; to the Com- of pay, and to eliminate automatic pay ad- JACKSON-LEE of Texas, Mr. STRICK- mittee on the Judiciary, and in addition to justments, for Members of Congress; to the LAND, Mr. ROSS, Mr. SCHIFF, Ms. the Committee on Agriculture, for a period Committee on House Administration, and in SLAUGHTER, Mr. MEEHAN, Mr. to be subsequently determined by the Speak- addition to the Committee on Government BLUMENAUER, Mr. MICHAUD, Mr. KIL- er, in each case for consideration of such pro- Reform, for a period to be subsequently de- DEE, Mrs. CAPPS, Ms. KAPTUR, Mr.

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CASE, Ms. MCCOLLUM of Minnesota, By Mr. KIRK (for himself, Mr. LARSEN H.R. 616: Mr. BROWN of Ohio. Mr. UDALL of Colorado, Mr. KUCINICH, of Washington, Mr. DAVIS of Ken- H.R. 633: Mr. CLAY. Mr. CUMMINGS, Mr. SCOTT of Virginia, tucky, Mr. LEACH, Mr. SMITH of H.R. 668: Mr. CONYERS. and Ms. DELAURO): Washington, and Mr. DICKS): H.R. 697: Mr. BRADLEY of New Hampshire. H.R. 4052. A bill to amend the Employee H. Con. Res. 265. Concurrent resolution ex- H.R. 699: Ms. MOORE of Wisconsin and Mr. Retirement Income Security Act of 1974 and pressing appreciation for the contribution of ALLEN. the Internal Revenue Code of 1986 to protect Chinese art and culture and recognizing the H.R. 747: Mr. ALLEN and Mr. FRANK of Mas- pension benefits of employees in defined ben- Festival of China at the Kennedy Center; to sachusetts. efit plans and to direct the Secretary of the the Committee on International Relations. H.R. 752: Ms. CARSON. Treasury to enforce the age discrimination By Mr. TOWNS: H.R. 769: Ms. ZOE LOFGREN of California. requirements of the Internal Revenue Code H. Con. Res. 266. Concurrent resolution ex- H.R. 791: Mr. CONYERS and Mr. CAPUANO. of 1986; to the Committee on Education and pressing the sense of Congress that Cote H.R. 844: Mr. BROWN of Ohio. the Workforce, and in addition to the Com- d’Ivoire be encouraged and supported by the H.R. 864: Mr. JOHNSON of Illinois, Ms. ZOE mittee on Ways and Means, for a period to be United States in its efforts to hold demo- LOFGREN of California, Mr. MATHESON, Mr. subsequently determined by the Speaker, in cratic elections in the very near future; to MCHUGH, and Mrs. JOHNSON of Connecticut. each case for consideration of such provi- the Committee on International Relations. H.R. 874: Ms. FOXX. sions as fall within the jurisdiction of the By Mrs. JO ANN DAVIS of Virginia: H.R. 896: Mr. HIGGINS. committee concerned. H. Res. 486. A resolution commending the H.R. 910: Mr. ABERCROMBIE, Mr. MILLER of By Ms. SOLIS (for herself, Mr. BACA, Coast Guard for its extraordinary efforts in North Carolina, and Ms. DEGETTE. Mr. BECERRA, Mr. BERMAN, Mrs. response to Hurricane Katrina and Hurricane H.R. 923: Mr. HOEKSTRA. BONO, Mr. CALVERT, Mrs. CAPPS, Mr. Rita; to the Committee on Transportation H.R. 949: Mrs. CAPITO. CARDOZA, Mr. COSTA, Mr. and Infrastructure. H.R. 986: Mr. CHANDLER, Mr. SAXTON, Mr. CUNNINGHAM, Mrs. DAVIS of Cali- By Mr. TOM DAVIS of Virginia (for MCGOVERN, and Mr. ROTHMAN. fornia, Mr. DOOLITTLE, Ms. ESHOO, himself, Mr. RANGEL, Mr. CAPUANO, H.R. 999: Mr. JONES of North Carolina and Mr. FARR, Mr. FILNER, Ms. HARMAN, and Mr. ROYCE): Mr. ADERHOLT. Mr. HERGER, Mr. HONDA, Mr. ISSA, H. Res. 487. A resolution supporting the H.R. 1002: Mrs. MALONEY. Mr. LANTOS, Ms. LEE, Mr. LEWIS of goals and ideals of Korean American Day; to H.R. 1043: Ms. SCHAKOWSKY. California, Ms. ZOE LOFGREN of Cali- the Committee on Government Reform. H.R. 864: Mr. FRANK of Massachusetts, Mr. fornia, Mr. DANIEL E. LUNGREN of By Mr. LATOURETTE (for himself, Mr. OLVER, Mr. MARKEY, Mr. RANGEL, and Mr. California, Mr. MCKEON, Ms. MATSUI, LOBIONDO, and Mr. MCCOTTER): CROWLEY, and Mr. NADLER. Ms. MILLENDER-MCDONALD, Mr. GARY H. Res. 488. A resolution requesting that H.R. 1120: Mr. MICHAUD and Mr. LEACH. G. MILLER of California, Mrs. the President transmit to the House of Rep- H.R. 1121: Mrs. BIGGERT and Mr. LEWIS of NAPOLITANO, Ms. PELOSI, Mr. POMBO, resentatives information in his possession Kentucky. Mr. ROHRABACHER, Ms. ROYBAL-AL- relating to contracts for services or con- H.R. 1131: Ms. SCHAKOWSKY, Mr. LARD, Mr. ROYCE, Ms. LINDA T. struction related to Hurricane Katrina re- RUPPERSBERGER, and Mr. MENENDEZ. SA´ NCHEZ of California, Ms. LORETTA covery; to the Committee on Transportation H.R. 1176: Mr. AKIN. SANCHEZ of California, Mr. SCHIFF, and Infrastructure. H.R. 1102: Mr. RUSH. Mr. SHERMAN, Mr. STARK, Mrs. By Mr. LEACH (for himself and Mr. H.R. 1190: Mr. CUNNINGHAM. H.R. 1227: Mr. EHLERS, Mrs. NORTHUP, Ms. TAUSCHER, Mr. THOMPSON of Cali- BECERRA): INNY BROWN-WAITE of Florida, Mr. BAKER, fornia, Ms. WATERS, Ms. WATSON, Mr. H. Res. 489. A resolution commemorating G Mr. SWEENEY, Mrs. BONO, Mr. FOLEY, Mr. WAXMAN, Ms. WOOLSEY, Mr. the 100th Anniversary of the National Audu- WILSON of South Carolina, Mr. MICA, Mr. GRIJALVA, Mr. BISHOP of Georgia, Ms. bon Society; to the Committee on Resources. WELDON of Pennsylvania, Mr. LEWIS of Ken- SCHAKOWSKY, Mr. CONYERS, Mrs. By Ms. MILLENDER-MCDONALD: UNCAN. MALONEY, Mr. REYES, Mr. TOWNS, Mr. H. Res. 490. A resolution urging the United tucky, and Mr. D H.R. 1246: Mrs. BIGGERT. GONZALEZ, Mr. MORAN of Virginia, Nations to establish a commission on the H.R. 1264: Mr. ABERCROMBIE, Mrs. LOWEY, Mr. GEORGE MILLER of California, Mr. prevention of slavery, human trafficking, Mr. FRANK of Massachusetts, and Mr. ALLEN. RADANOVICH, Mr. HUNTER, Mr. and exploitation; to the Committee on Inter- H.R. 1431: Mr. HOLDEN and Mr. DREIER, Mr. NUNES, Mr. GALLEGLY, national Relations. and Mr. THOMAS): CUNNINGHAM. H.R. 4053. A bill to designate the facility of f H.R. 1498: Mr. MOLLOHAN. H.R. 1558: Mr. ANDREWS and Ms. MCCOLLUM the United States Postal Service located at PRIVATE BILLS AND 545 North Rimsdale Avenue in Covina, Cali- of Minnesota. fornia, as the ‘‘Lillian Kinkella Keil Post Of- RESOLUTIONS H.R. 1577: Ms. ESHOO. fice’’; to the Committee on Government Re- Under clause 3 of rule XII, H.R. 1582: Ms. SCHAKOWSKY and Mr. GILLMOR. form. Mr. HUNTERintroduced A bill (H.R. H.R. 1590: Mr. BROWN of Ohio. By Mr. SULLIVAN: 4056) for the relief of Fouad Yousef H.R. 4054. A bill to designate the facility of H.R. 1592: Mr. VAN HOLLEN. Hakim Mansour and Saheir Gamil the United States Postal Service located at H.R. 1594: Mr. JONES of North Carolina. Shaker Mansour; which was referred 6110 East 51st Place in Tulsa, Oklahoma, as H.R. 1646: Mr. THOMPSON of California. to the Committee on the Judiciary. the ‘‘Dewey F. Bartlett Post Office’’; to the H.R. 1651: Mr. FEENEY. Committee on Government Reform. f H.R. 1664: Mr. MILLER of Florida. By Mr. VISCLOSKY: H.R. 1671: Mrs. CUBIN and Mr. MCINTYRE. H.R. 4055. A bill to amend the Employee ADDITIONAL SPONSORS H.R. 1689: Mr. GONZALEZ. Retirement Income Security Act of 1974 and Under clause 7 of rule XII, sponsors H.R. 1707: Mr. HASTINGS of Florida and Mr. title 11, United State Code, to provide nec- were added to public bills and resolu- KILDEE. essary reforms for employee pension benefit H.R. 1709: Mr. MENENDEZ and Mr. VAN tions as follows: plans; to the Committee on Education and HOLLEN. the Workforce, and in addition to the Com- H.R. 23: Mr. WELDON of Pennsylvania and H.R. 1714: Mr. ISRAEL. mittee on the Judiciary, for a period to be Mr. ETHERIDGE. H.R. 1814: Mrs. DAVIS of California. subsequently determined by the Speaker, in H.R. 34: Ms. SCHWARTZ of Pennsylvania. H.R. 1898: Mr. LINCOLN DIAZ-BALART of each case for consideration of such provi- H.R. 303: Mr. RADANOVICH. Florida. sions as fall within the jurisdiction of the H.R. 328: Mr. REYES. H.R. 1940: Mr. ALLEN, Mr. BISHOP of Geor- committee concerned. H.R. 373: Mr. CLAY. gia, Mr. BOEHLERT, Mr. CLYBURN, Mr. By Mr. BAKER: H.R. 375: Mr. FORBES, Mr. AKIN, and Mr. ETHERIDGE, Mr. HYDE, Mr. JEFFERSON, Ms. H. Con. Res. 263. A concurrent resolution GOODLATTE. EDDIE BERNICE JOHNSON of Texas, Ms. KAP- providing for a conditional adjournment of H.R. 389: Mr. MEEHAN, Ms. HARRIS, Mr. TUR, Mr. LYNCH, Mr. MCGOVERN, Mr. MEEK of the House of Representatives and a condi- MOLLOHAN, and Mr. HASTINGS of Florida. Florida, Mr. MEEKS of New York, Mr. OBER- tional recess or adjournment of the Senate; H.R. 445: Mr. JONES of North Carolina, Mr. STAR, and Mr. PASCRELL. considered and agreed to. BROWN of South Carolina, and Mr. TAYLOR of H.R. 1950: Mr. SIMMONS. By Mrs. JO ANN DAVIS of Virginia North Carolina. H.R. 1951: Mr. CARTER. (for herself, Mr. HALL, Mr. REGULA, H.R. 457: Mr. GARRETT of New Jersey and H.R. 1952: Mr. TANCREDO. Mr. HYDE, and Mr. DINGELL): Mr. WEXLER. H.R. 1953: Miss MCMORRIS, Mr. ALEXANDER, H. Con. Res. 264. Concurrent resolution rec- H.R. 543: Mr. FITZPATRICK of Pennsylvania. Mr. SIMPSON, Mr. NORWOOD, Mr. BARRETT of ognizing veterans who served in the Armed H.R. 552: Mr. GOHMERT. South Carolina, Mr. SMITH of New Jersey, Forces during World War II and supporting H.R. 583: Mr. CAMP. Mr. FRANKs of Arizona, Mr. PETERSON of the goals and ideals of National World War II H.R. 586: Mr. SMITH of Washington and Mr. Pennsylvania, Mr. BURTON of Indiana, Mr. Veterans Recognition Week; to the Com- MCCOTTER. WESTMORELAND, Mr. MARCHANT, Mr. BUYER, mittee on Veterans’ Affairs. H.R. 594: Mr. WATT. Mr. FOSSELLA, Mr. PITTS, and Mr. CHABOT.

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H.R. 2017: Mr. STARK. H.R. 3622: Mr. CAMP. H.R. 3948: Mr. FILNER. H.R. 2048: Mr. SHAW and Mr. MEEK of Flor- H.R. 3628: Mr. GRIJALVA. H.R. 3957: Mr. HAYWORTH, Mr. WELLER, and ida. H.R. 3639: Ms. MOORE of Wisconsin and Mr. Mr. BECERRA. H.R. 2177: Mr. BRADLEY of New Hampshire. HIGGINS. H.R. 3960: Mr. CANTOR, Mr. FEENEY, Mr. H.R. 2257: Mr. MCNULTY. H.R. 3641: Mr. BROWN of Ohio. WELDON of Florida, Ms. FOXX, Mr. FORTUN˜ O, H.R. 2308: Mr. LEWIS of Georgia. H.R. 3662: Mrs. CHRISTENSEN and Mr. WYNN. Mr. PENCE, Mr. FORBES, Mr. SODREL, and Mr. H.R. 2356: Ms. HARMAN, Mr. FORD, Mr. PAS- H.R. 3681: Mr. CARDOZA. DOOLITTLE. TOR, Mr. ENGEL, Mr. LATOURETTE, and Mr. H.R. 3697: Mr. SCHIFF, Ms. SCHWARTZ of H.R. 3974: Mr. MCINTYRE, Mr. BUTTERFIELD, GILLMOR. Pennsylvania, Mr. BISHOP of New York, and Ms. HERSETH, Mr. DAVIS of Tennessee, Mr. H.R. 2470: Mrs. KELLY and Mr. CRENSHAW. Ms. MOORE of Washington. BOSWELL, Mr. STRICKLAND, Mr. CHANDLER, H.R. 3698: Mr. KILDEE, Mr. FARR, and Mrs. H.R. 2533: Mr. REYES, Ms. MOORE of Wis- Mr. SANDERS, and Ms. KAPTUR. MCCARTHY. consin, Mr. CHANDLER, Ms. ZOE LOFGREN of H.R. 3979: Mr. COSTELLO and Mr. DELAY. H.R. 3711: Mr. SCHIFF, Mr. RUSH, Mr. SAND- California, Mr. OWENS, Mr. PICKERING, and H.R. 3987: Mr. TIAHRT. ERS, and Mr. FATTAH. Miss MCMORRIS. H.J. Res. 38: Mr. KENNEDY of Rhode Island H.R. 3715: Mr. PAUL. H.R. 2587: Mr. HUNTER. and Mr. MORAN of Virginia. H.R. 3637: Mr. WELLER, Mrs. MILLER of H.R. 2662: Mrs. BIGGERT. BERSTAR AVIS Michigan, Mr. GRAVES, Mr. FORBES, Mr. H.J. Res. 55: Mr. O and Mr. D H.R. 2669: Mr. BROWN of South Carolina, BEAUPREZ, Mr. CLAY, and Mr. DINGELL. of Illinois. Mr. EVANS, Mr. KUCINICH, Mr. ANDREWS, and H.R. 3739: Mr. OSBORNE. H.J. Res. 56: Ms. MCCOLLUM of Minnesota. Mr. BLUMENAUER. H.R. 3740: Ms. SCHWARTZ of Pennsylvania, H.J. Res. 57: Mrs. DRAKE. H.R. 2671: Ms. BALDWIN, Mr. EMANUEL, and Ms. CORRINE BROWN of Florida, and Mr. H. Con. Res. 112: Mr. OWENS, Mr. ROSS, and Mr. BOYD. FATTAH. Mr. MCGOVERN. H.R. 2694: Mr. ROSS. H.R. 3774: Mr. RANGEL, Mr. WEXLER, Ms. H. Con. Res. 190: Mr. SHIMKUS. H.R. 2717: Mr. SHERWOOD, Mr. BROWN of MILLENDER-MCDONALD, Mr. SANDERS, Ms. H. Con. Res. 197: Mr. NADLER. Ohio, Mr. BOUCHER, Mr. NEAL of Massachu- SOLIS, Mrs. CHRISTENSEN, Ms. SCHAKOWSKY, H. Con. Res. 210: Ms. HARMAN, Ms. LINDA T. setts, and Mr. OWENS. and Mr. FATTAH. SA´ NCHEZ of California, Mr. PRICE of Georgia, H.R. 2719: Mr. CONYERS. H.R. 3776: Mrs. BLACKBURN, Mr. SESSIONS, and Mr. PEARCE. H.R. 2793: Mrs. BIGGERT. Mr. GINGREY, and Mr. DEAL of Georgia. H. Con. Res. 213: Mr. SHERMAN. H.R. 2811: Ms. CARSON, Mr. PAYNE, Ms. H.R. 3781: Mr. RANGEL, Mr. JEFFERSON, Mr. H. Con. Res. 251: Mr. DUNCAN, Mr. DAVIS of MCCOLLUM of Minnesota, Mr. CUMMINGS, Mr. MCGOVERN, Mr. PAYNE, Mr. DAVIS of Illinois, Alabama, Ms. CARSON, Mr. GRAVES, Mr. JEF- CONYERS, and Mr. MICHAUD. Mr. MCNULTY, Ms. LEE, and Mr. SHERMAN. FERSON, Mr. RAHALL, Ms. LEE, Mr. WOLF, Mr. H.R. 2869: Ms. BALDWIN. H.R. 3782: Mr. OBEY. ROSS, Mr. AL GREEN of Texas, and Mr. PRICE H.R. 2872: Mrs. LOWEY, Mr. SMITH of New H.R. 3796: Mr. OWENS. of North Carolina. Jersey, Mr. PRICE of North Carolina, Mr. H.R. 3800: Mr. FATTAH. H. Con. Res. 254: Mr. SANDERS, Mrs. EMANUEL, Mr. KING of New York, Mr. H.R. 3854: Mr. FRANK of Massachusetts. MALONEY, and Mr. BAKER. BUTTERFIELD, Mr. LEWIS of Kentucky, Mr. H.R. 3858: Mr. FILNER, Mr. TANNER, Ms. H. Con. Res. 260: Mr. HYDE, Mr. LINCOLN BERRY, and Mr. MARKEY. LEE, Mr. INSLEE, Mr. FARR, Mr. HINCHEY, Mr. DIAZ-BALART of Florida, Ms. PELOSI, Mr. H.R. 2874: Mr. LAHOOD and Mr. MENENDEZ. CASE, Mr. KLINE, Mr. MCNULTY, Mr. SPRATT, MCNULTY, Mr. PASCRELL, Mr. TANCREDO, Mr. H.R. 2892: Mr. SERRANO. Mr. NADLER, Ms. BERKLEY, Mr. WAXMAN, and DOGGETT, Mr. KILDEE, Mr. HASTINGS of Flor- H.R. 2962: Mr. FALEOMAVAEGA, Mr. STRICK- Mr. SNYDER. ida, Mr. BERMAN, Ms. ESHOO, and Mr. ACKER- LAND, and Mrs. CHRISTENSEN. H.R. 3860: Mr. ALEXANDER, Mr. FLAKE, Mr. MAN. H.R. 2963: Mr. MARKEY. MARCHANT, Mr. WELDON of Florida, Mr. SAM H. Con. Res. 262: Mr. MCNULTY and Ms. H.R. 2989: Mr. SHERMAN. JOHNSON of Texas, Mr. FRANKS of Arizona, SCHAKOWSKY. H.R. 3046: Mrs. LOWEY. Mr. GOHMERT, Mr. FEENEY, Mr. SODREL, Ms. H. Res. 97: Mr. NORWOOD, Mrs. DRAKE, and H.R. 3082: Mr. CARTER. FOXX, Mr. FORTUN˜ O, Mr. NEUGEBAUER, Mr. Mr. GOODE. H.R. 3128: Ms. SLAUGHTER. KLINE, Mr. HENSARLING, Mr. WAMP, Mr. H. Res. 141: Mr. SOUDER. H.R. 3142: Mr. FILNER and Ms. WOOLSEY. LEWIS of Kentucky, Mr. BARRETT of South H. Res. 166: Mr. CARDIN H.R. 3146: Mr. FORTUN˜ O. Carolina, Mr. BISHOP of Utah, Mr. BARTLETT H. Res. 286: Mr. NADLER. H.R. 3160: Mr. VAN HOLLEN and Mr. BRADY of Maryland, Mr. CHABOT, and Mr. COLE of H. Res. 323: Mr. SHERMAN and Mr. SERRANO. of Pennsylvania. Oklahoma. H. Res. 363: Mr. JACKSON of Illinois. H.R. 3171: Mr. KUCINICH. H.R. 3861: Mr. DEFAZIO, Mr. FATTAH, Ms. H. Res. 411: Mr. BROWN of Ohio, Mr. SCHIFF, H.R. 3296: Mr. RUPPERSBERGER and Mr. WOOLSEY, Mr. LEVIN, and Mr. CAPUANO. and Mr. ROTHMAN. JEFFERSON. H.R. 3883: Mr. BLUNT, Mr. SMITH of Texas, H.R. 3334: Mr. BECERRA, Mr. MILLER of Mr. THOMPSON of California, Mr. SHAW, Mr. H. Res. 444: Mr. GENE GREEN of Texas, Mrs. North Carolina, and Mr. CUELLAR. SESSIONS, Mr. JEFFERSON, Mr. GOODE, and MYRICK, Mr. TOWNS, Mr. PUTNAM, Mr. H.R. 3360: Mr. KING of Iowa. Mr. GINGREY. MATHESON, Mr. SMITH of Washington, and H.R. 3380: Mrs. LOWEY. H.R. 3910: Mr. KLINE and Mr. KUHL of New Mr. FITZPATRICK of Pennsylvania. H.R. 3417: Mr. MCGOVERN. York. H. Res. 447: Mr. OWENS. H.R. 3427: Mr. FARR, Mr. WOLF, Mr. H.R. 3916: Mr. GRIJALVA. H. Res. 457: Ms. JACKSON-LEE of Texas and ENGLISH of Pennsylvania, and Mr. MCNULTY. H.R. 3917: Mr. CONYERS, Mr. HINCHEY, Mr. Mr. VAN HOLLEN. H.R. 3437: Mr. MCCOTTER. SANDERS, and Mr. OWENS. H. Res. 466: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 3449: Mr. CLEAVER. H.R. 3922: Mr. PICKERING. fornia. H.R. 3452: Ms. PRYCE of Ohio and Mr. REG- H.R. 3935: Mr. PETERSON of Pennsylvania, H. Res. 472: Mr. WEXLER, Mr. RAHALL, Mr. ULA. Mr. JENKINS, Mr. ROGERS of Michigan, and FORTENBERRY, and Ms. WATSON. H.R. 3478: Ms. GINNY BROWN-WAITE of Flor- Mr. ALEXANDER. H. Res. 473: Ms. KILPATRICK of Michigan, ida. H.R. 3936: Mr. MENENDEZ. Mr. JACKSON of Illinois, Mr. MEEK of Florida, H.R. 3492: Mr. FILNER and Ms. DELAURO. H.R. 3943: Mr. TERRY, Ms. HERSETH, Mr. Ms. KAPTUR, Mrs. DAVIS of California, Ms. H.R. 3505: Mr. LEWIS of Kentucky. OTTER, Mr. REHBERG, Mr. HOSTETTLER, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. LYNCH, H.R. 3547: Mr. CAPUANO. WESTMORELAND, Mr. ROGERS of Alabama, Mr. Mr. RANGEL, Mr. FATTAH, Mr. WYNN, Mr. H.R. 3548: Ms. VELA´ ZQUEZ and Mrs. KELLY. BROWN of South Carolina, Mr. MICHAUD, Mr. MEEKS of New York, Mr. DAVIS of Illinois, H.R. 3561: Ms. WATSON. BOYD, Mr. SHUSTER, Mr. BOOZMAN, Ms. and Ms. SCHAKOWSKY. H.R. 3579: Mr. MILLER of North Carolina. GRANGER, Mr. GRAVES, Mr. JONES of North H. Res. 477: Ms. DEGETTE, Ms. SCHAKOWSKY, H.R. 3601: Mr. JACKSON of Illinois and Ms. Carolina, Mr. PUTNAM, Mr. DAVIS of Ken- Mr. OBERSTAR, Mr. MARKEY, Mr. FARR, Mr. LINDA T. SA´ NCHEZ of California. tucky, Mr. MCHENRY, Mr. GINGREY, Mr. DINGELL, Ms. MILLENDER-MCDONALD, Mr. H.R. 3604: Mrs. NAPOLITANO. GREEN of Wisconsin, Mr. WAMP, Mrs. CAPITO, WYNN, Mr. DAVIS of Illinois, and Mr. CLAY. H.R. 3612: Mr. MCCOTTER. Mr. REGULA, Mr. PASTOR, Mr. SENSEN- H. Res. 485: Mr. HUNTER, Mr. OSBORNE, and H.R. 3616: Mr. MCCOTTER and Mr. MCHUGH. BRENNER, Mr. DUNCAN, and Mr. WHITFIELD. Mr. COSTA.

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A07OC7.040 H07OCPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, FRIDAY, OCTOBER 7, 2005 No. 130 Senate (Legislative day of Thursday, October 6, 2005)

The Senate met at 8:15 a.m. and was U.S. SENATE, The assistant legislative clerk read called to order by the Honorable JIM PRESIDENT PRO TEMPORE, as follows: DEMINT, a Senator from the State of Washington, DC, October 7, 2005. A bill (H.R. 2863) making appropriations South Carolina. To the Senate: for the Department of Defense for the fiscal Under the provisions of rule I, paragraph 3, year ending September 30, 2006, and for other of the Standing Rules of the Senate, I hereby PRAYER purposes. appoint the Honorable JIM DEMINT, a Sen- The Chaplain, Dr. Barry C. Black, of- ator from the State of South Carolina, to Pending: fered the following prayer: perform the duties of the Chair. Reed/Hagel amendment No. 1943, to trans- Let us pray. TED STEVENS, fer certain amounts from the supplemental President pro tempore. authorizations of appropriations for Iraq, Af- Gracious God, sustainer of our lives, ghanistan, and the Global War on Terrorism rescue us from the faults to which we Mr. DEMINT thereupon assumed the to amounts for Operation and Maintenance, are so prone. Keep us from saying one Chair as Acting President pro tempore. Army, Operation and Maintenance, Marine thing and doing another. Save us from f Corps, Operation and Maintenance, Defense- criticizing in others what we condone wide activities, and Military Personnel in in ourselves. Deliver us from demand- RECOGNITION OF THE MAJORITY order to provide for increased personnel ing of others standards we make no ef- LEADER strengths for the Army and the Marine Corps fort to fulfill. Give us wisdom not to The ACTING PRESIDENT pro tem- for fiscal year 2006. flirt with temptation but to avoid even pore. The majority leader is recog- The ACTING PRESIDENT pro tem- the near occasion to sin. Protect us nized. pore. Under the previous order, the Senator from Louisiana, Ms. LANDRIEU, from an indecision that can’t say yes f or no and from a reluctance to break is recognized until the hour of 9:15. habits we know are wrong. SCHEDULE Ms. LANDRIEU. Mr. President, as the majority leader stated a moment Bless our Senators today. Keep them Mr. FRIST. Mr. President, this morn- ago, I also thank Senators STEVENS from trying to please both others and ing, the Senate will vote on the De- and INOUYE, who worked here very late You. Save us all from anything which fense appropriations bill. That vote would keep us from loving You with all last night as we got to the end of the will occur at 9:15 this morning. I thank debate on the Defense bill. Of course, our heart, soul, mind, and strength. and commend Senator STEVENS for his We pray in Your Holy Name. Amen. under the rules we have established, we patience and perseverance in getting could speak on that bill for up to 30 this bill to the President. f hours. Those 30 hours will be coming to We must complete action on the an end at 9:15 under the rules of clo- Homeland Security appropriations con- ture. PLEDGE OF ALLEGIANCE ference report before we leave. Sen- Throughout the 30 hours as we debate The Honorable JIM DEMINT led the ators will be notified if further votes this very important bill which funds Pledge of Allegiance, as follows: are scheduled. our military men and women and con- I pledge allegiance to the Flag of the I yield the floor. tinues their operations moving forward United States of America, and to the Repub- f and helps to try to find a solution in lic for which it stands, one nation under God, Iraq and allocates resources to keep RESERVATION OF LEADER TIME indivisible, with liberty and justice for all. our military strong, we also have been The ACTING PRESIDENT pro tem- talking a great deal about keeping f pore. Under the previous order, the strong right here at home, particularly leadership time is reserved. keeping strong in the areas that need APPOINTMENT OF ACTING f strength and support right now. That PRESIDENT PRO TEMPORE area, of course, is the gulf coast of our The PRESIDING OFFICER. The DEPARTMENT OF DEFENSE Nation, the great energy coast, the clerk will please read a communication APPROPRIATIONS ACT, 2006 great trade coast, the great commerce to the Senate from the President pro The ACTING PRESIDENT pro tem- coast. There are so many important tempore (Mr. STEVENS). pore. Under the previous order, the parts of that coast, but the largest The assistant legislative clerk read Senate will resume consideration of city, of course, in the middle of that the following letter: H.R. 2863, which the clerk will report. coast is New Orleans, my hometown.

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

S11247

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VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.000 S07OCPT1 S11248 CONGRESSIONAL RECORD — SENATE October 7, 2005 We have spent a lot of time this week is our Baghdad. This is a picture of have had people helping each other talking about how we can get the help parts of New Orleans with water as far during this time, being as self-reliant we have promised to this region, to all as the eye can see. There is another as possible. the people of this region who have suf- picture that shows the city in the Here is another picture. National fered. The poor have been crushed, the background and the depths of flood guardsman Jon Eric Miletello comforts middle class are staggering, and even around it. This picture is a graveyard his grandmother. This young man wealthy individuals with substantial in New Orleans. Of course, we bury our probably—because most of the Na- businesses wake up every morning in dead above ground because there is so tional Guard in Louisiana have pulled Louisiana, Mississippi, Texas, and Ala- much water we cannot even dig a few triple and double duty in Iraq—prob- bama thinking, How are we going to feet down to bury them. This picture is ably just got back from Iraq. You can get through this day to keep our busi- one of our graveyards. see how much he loves his grand- ness open, our employees employed, Looking through the National Geo- mother, the way he is looking at her to and take care of the community we graphic, when you see the pictures of help her get out of the floodwater. have served so proudly for so long? destruction, I don’t know if the camera I don’t know what city she lives in, It is very hard to describe the mag- can see the depths of the destruction, but I can promise you that National nitude of the destruction. Nothing any- the industrial canal, the Lower 9th Guard specialist would appreciate it if one has seen on television captures it. Ward in New Orleans. These pictures this Congress could take a billion dol- I have watched a lot of television—not could be shown from the western side lars of the $43 billion that is sitting in as much as I would like because we are of our State to the eastern side of our a bank account going nowhere, doing busy doing other things, but I have State, to New Orleans, to the gulf coast nothing, and lend it to the cities and seen a lot of what has come over on the of Mississippi, into some parts of Ala- the towns and communities on the gulf television from CNN, from FOX, from bama, and into some parts of Texas. coast to help his grandmother figure MSNBC, I have listened to NPR, and I Two million people have been displaced out what she might do in the next few have tried to listen to the television. I and are searching for high ground, for weeks and months and years. We are have been there so many times and stability, for housing, for jobs. From not certain about what his grand- seen so much myself, I keep thinking I the cities they fled, from communities mother’s future is, but we would like wish there were some way I could take they fled, in boats a lot like this. They some time to figure it out. a bigger camera or make a 4-hour are searching for housing, apartments, I know a lot of people have died in movie to describe to this Nation the jobs, safety. Most important, what Iraq. I have had 42 soldiers die in Iraq. depth of the destruction along the gulf they need is help, real help—not prom- Our elected officials have gone to as coast. Unfortunately, in situations ises, not photo-ops, but real, serious many funerals as we can possibly go to. such as this we cannot make a movie help. We have written as many letters to quickly. There will be many movies Let me show some other pictures of their families, and called them. We made and many books written. We can- people who need help. This is a gen- have had about 942 people die from this not make one, though, in the next few tleman in Lafitte. I would say he needs disaster. days or weeks. a little help. He may be interested in Our challenge right here at home— I was very fortunate to find the Na- some tax breaks that people have of- and not to underestimate in any way tional Geographic special edition to de- fered around here. I don’t know at this the lives that have been given to pro- scribe our situation as my colleague, exact moment what tax breaks might tect this country. We want to get our Senator VITTER, and I asked for help, help him, but a fireman would be good soldiers home and protect them. That more direct help, more immediate help, or someone who could help drain out is why we are passing this bill, and real help that we need to begin this some of the water—maybe one of his that is why I am not holding this bill. long, complicated, difficult, and chal- employees from Lafitte, which does not I can’t hold this bill because we have 30 lenging rebuilding effort. I was very have a tax base, who is about ready to hours of debate, but I have taken time fortunate to find this National Geo- go out of business, maybe someone who through this 30 hours to talk about the graphic issue. We have sent copies to works for the little town of Lafitte war right here at home. all of our colleagues. I thank the Na- that was created by Mayor Tim ‘‘Here lies Vera. God help us.’’ In New tional Geographic again and mention Kerner’s father, the father of Lafitte Orleans, as people were dying with no that I just found out this morning that who helped create this town. I actually place to go, the neighbors built make- all of the proceeds from the sale of this went to his funeral last week. He shift coffins. This one could still be special edition National Geographic en- served with my father. When he was there. It was there when a National Ge- titled ‘‘Katrina, Why It Became A Man- mayor of Lafitte, my father was mayor ographic photographer took it maybe a made Disaster, Where It Can Happen of New Orleans. We went to his funeral week or two ago. It could still be there Next,’’ all the proceeds are going to the to pay respects to the family. His son in a neighborhood in New Orleans. victims of Katrina—and Rita because now is mayor of Lafitte. I don’t know Many of the bodies that are yet uniden- that storm came after Katrina hit—and how long he will be mayor because La- tified are in the prison at St. Gabriel. will go to help the victims along the fitte does not have a tax base to stay in That awesome and gruesome situation gulf coast from Texas, Louisiana, Mis- business. This man used to live in La- is being worked out as I speak. sissippi, to Alabama. We so appreciate fitte. If this town folds because we can- In the midst of all of this tragedy and that effort. not get a loan to them, that is all they destruction of cities and towns and In searching for ways I could describe have. I don’t know where he goes, but high water and inadequate FEMA re- the depth of the destruction, there are he is looking for help. sponse, my colleague and I came to the some pictures in National Geographic This is a woman—I am sorry I don’t floor and have been working through that give people some idea of what we know her name, but there is a picture the week in meetings and letter ex- are faced with. Again, these pictures and description of her in the magazine. changes and telephone calls, working cannot quite tell the story. While this This woman looks pretty self-reliant to with Senators, trying to work with the looks like blocks and blocks along the me. She obviously looks troubled and House, trying to work with the admin- gulf coast, this is probably the city of anxious. She is doing what she can to istration to say: OK, we know things Waveland. It could be parts of Biloxi. It carry her two children to safety. Peo- aren’t working as well as they could. could be parts of Pass Christian. I am ple all over the gulf coast did this, ba- What can we do to try to fix it? not exactly sure where, but it is some- sically by themselves, with limited We came up with a suggestion. Let’s where along Mississippi. You can tell support. A lot has been said about peo- take a billion dollars from the $43 bil- how pretty their beach is. We have a ple not helping people, but David John- lion that FEMA has sitting there that different kind of coastline in Lou- son, who was unable to work, is carried has already been allocated and move it isiana. from his home in eastern New Orleans to an already established loan program The reason I have been spending so by Mickey Monceaux. The authorities to give the cities and counties and much time on this Defense bill talking say the water is leveling off as Lake sheriffs and law enforcement the help about this issue is this is our war. This Pontchartrain empties in the gulf. We they need for 3 months, just 3 months,

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.001 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11249 while we go on vacation again. Just commerce and jobs and wealth to a na- Talking about Senators, I thank the give them 3 months. Lend them some tion that needs and was actually built Senators who worked through the money to keep their lights on, to keep on the banks of the mighty Mississippi night trying to come up with a real their cities and their communities and River. compromise, a compromise with dig- the hospitals open until we can figure Despite decades of speeches from nity, a compromise with some hope, a out a long-range plan. members of our delegation about the compromise that would give our cities We may have to refinance some debt. importance of investing in levees and some hope that somebody in Wash- We may have to close areas down per- even agreeing to take some of our own ington is listening. The junior Senator manently. We hope not, but maybe we revenues generated off of our coast to from Delaware, Mr. CARPER, who has will have to. We are going to have to do invest in hurricane protection and no immediate interest other than he a lot of things we never thought we levee protection, we were in large was a former Governor, a former House would have to—such as build a good measure left to fend for ourselves in a Member, he spent time on my and Sen- levee system. We will have to do that. way that while the Federal Govern- ator VITTER’s behalf on the House side So we came to ask for a loan under the ment contributed money, those moneys trying to talk to the leaders of the Re- program that has been established kept getting less and less relative to publican Appropriations Committee to since 1972. other spending and other priorities in say: Why are you asking for new terms We have basically been told—even Congress, until we were left with a sec- for Louisiana, Mississippi, Alabama, after working through the night, after ond-rate levee system. Now we have a and Texas when you have given these offering a variety of different com- major disaster on our hands. terms before to others? promises—I am sorry, to the Louisiana It is extremely important that the We know we are asking for the cap to delegation; I am sorry, to the Mis- people of our country know that there be raised. The cap has been raised be- sissippi delegation; I am sorry, to the is a way that we can rebuild this re- fore. There is a $5 million loan cap on Alabama and Texas delegation, but the gion; that there is a way that we can a program where our cities, not only only way that we will lend you the pull together to do it. When we make New Orleans, which is the largest, but money is if you pay it back under dif- suggestions as simple as getting $1 bil- the parishes of Jefferson and St. Tam- ferent terms than anyone has before lion to go through a loan program that many and St. Bernard and and that anyone will be asked to do in is already established with money that Plaqueman—their monthly operating the future. has already been appropriated, when budget in the city of New Orleans is $20 With 45 minutes left in the debate, we are told, that is too much to ask, we million. So ask me what borrowing $5 still the only way that we can get 3 can’t do that, we can’t afford to do it million would help? A week? That is months of operating expenses, under a because the people of the gulf coast what we would be able to borrow, 1 program that already exists, with just have to understand that you have week? money that we have already allocated to take this on terms and conditions So we have asked for the loan cap to that is sitting in a bank account doing that no one has been asked to before be raised so the cities can borrow some nothing, is to agree to tight-fisted and no one will be asked to after, is a money, and the parishes and the sher- lending policies that have never been hard thing for this Senator to accept. iffs, which are not included specifically applied to anyone else in America and, A historian once described New Orle- in the language of the ‘‘compromise’’ according to the draft that I saw last ans as an inevitable city in an impos- that has been offered, they are not spe- night at 2 o’clock in the morning, will sible location. That pretty much cap- cifically included. It has been inferred not be applied to anyone in the future. tures where we are today. We are hav- that our sheriffs are included. But our But for Louisiana, Mississippi, Ala- ing an inevitable debate that places the sheriffs are elected. They are different bama, and Texas, the Gulf Coast people of Louisiana and the gulf coast from the rest of the country. They per- States—and not all of Alabama but in an impossible situation. We are ask- form a tremendous service to our State just the regions hit by the storm—for ing for a 3-month loan to keep our cit- and to our parishes. They were the ones those counties, the only way you all on ies and communities operating, for our who carried people on their backs to the gulf coast can get the money is sheriffs, for police, for firefighters, for safety. They were the ones who helped under a new, tight-fisted, basically critical city workers, for some of our keep law and order. They didn’t do ev- what one could describe as higher in- hospitals that, despite the worst storm erything perfectly, but they did the terest rate loans because there is no in the world, stayed open, kept their best they could under a very difficult way under any circumstance, according lights on, kept serving people, and are circumstance. They are not even spe- to the draft I have seen, no matter how sustaining a region of this country cifically in the compromise. If we can’t dire your situation, that you could that is vital for the future of the Na- keep law enforcement operating, if we ever be given any reprieve whatsoever tion. We ask for a loan, and we get can’t keep our lights on, if we can’t to not have to pay the whole thing nothing but empty promises and tight- keep some running water in what pipes back. fisted lending policies when we need we have left, if we can’t keep the may- Some people have classified this lat- help. ors and the parish councils at work est offer from the Republican leader- We have been stuck by the worst nat- having meetings, turning on city hall, ship as a compromise. A compromise is ural disaster. We now have a third-rate trying to mop out their city halls, an effort to do the best you can for peo- FEMA operating, a second-class levee could anybody here tell me how we ple while preserving some important system, and now, to pour salt on the begin to rebuild a region without basic, principle. This is no compromise; this wound, a tight-fisted lending policy ap- essential community services? I don’t is an agreement between the rightwing plied only to us. I am asked, basically: know. and the far rightwing, people who are Senator, take it or leave it. That is a I know the private sector can do a holding the power and are not willing hard question to ask any Senator— great deal. But you know what the pri- to use it on behalf of people who need take it or leave it. That is why I have vate sector people coming into my of- help. The gulf coast of Louisiana has taken all of these 30 hours to consider fice tell me, whether they are big busi- been hit by the worst hurricane in the what our options are, to try to bring ness or small: Senator, we need lights. history of our country. Then we were our case to the American people, to ask We need water. And, Senator, please hit by a disastrous break in a levee sys- the country: Is this fair? I don’t believe tell them to stop sending us bottled tem that was not supported, not built it is, but life isn’t fair. water; I need for the water to go on in to standard, and not invested in by a Our job is to try to make it more my business because my employees nation, and in some measure by our fair. That is why I am here. I don’t want to come back to work, but I can’t own selves, but in large measure by a know, I hope that is why everybody bring them back to work without nation that refused to recognize the else is here. But that is why I am here. water. If we lay off the sewage and importance of this levee system, not I would hope that my colleagues would water board and the people who work just for the people of Louisiana and the think, particularly in the Senate, Re- to turn on the water, how in the heck southern part of Mississippi but a levee publicans and Democrats, that that is are we going to get water and elec- system to continue to bring trade and why we are here. tricity on? If you are trying to give a

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.003 S07OCPT1 S11250 CONGRESSIONAL RECORD — SENATE October 7, 2005 tax credit to a small business or big mixed reviews about the Red Cross. We higher interest rate is reflected in the business, I don’t think it is going to have 50,000 people in shelters with no- fact that there will be no forgiveness, work very well. where to go, no housing available even under any terms, whatsoever written The Democratic leader, Senator if you presented vouchers. I am not into the law. REID, worked through the night. The saying we do not need them, but it is It is not available to sheriffs, and it junior Senator from New York, Mrs. not an option that is working well be- is not available to hospitals—not ex- CLINTON, worked through the night. cause our cities are so full of people plicitly available to law enforcement. Senator BARACK OBAMA came down who have left the south of our State to You might interpret it, someone could here at 1:30 in the morning and asked if find shelter, to find jobs, to find sta- make the argument, but we have read there was something he could do. Sen- bility, and to find their families be- the proposed language, and it is not in ator BLANCHE LINCOLN from Arkansas, cause the old voucher program is not the bill. who has been a great voice for us, al- working very well. Some people have said this is a way though her State was not directly im- We have people in hotels. That causes to help law enforcement. They are not pacted, has come to the floor many problems with the business community in the draft I have seen. We tried to put times this week to say the 75,000 citi- because when they have conferences or them in and that was rejected. zens who were evacuated to Arkansas visitors, they cannot get their own ex- Mr. REID. Will the Senator yield for would be well cared for and well taken ecutives into the hotels to do business a question? care of but has asked for some help in the city. Ms. LANDRIEU. Not at this minute, with their health care system as Ar- I have talked a lot about New Orle- but I will in just a second. I will be kansas struggles to provide health care ans. I have talked a lot about Lafitte, happy to yield in a moment. services to these individuals, and they Grand Isle, Plackman, St. Tammany, So we have worked through the have been turned down time after time. and Calcasieu, but let me, for a minute, night, Mr. President, trying to come up I have a word for the people of Lou- talk about Baton Rouge, our capital with some available options for the isiana. The men and women I men- city, and Lafayette, the heart of the people of Louisiana, Mississippi, Ala- tioned are your true friends as Senator Cajun culture in our State, and Mon- bama, and Texas as they seek to work VITTER, my colleague from Louisiana, roe, the home of my husband and our through a very complicated and dif- and I have worked together to try to home for 6 years, and Shreveport. ficult situation to try to pull efforts forge the best possible arrangement we These are our other major cities that together to make loans available for 3 could make for the people of our State. sit to the north in our State. These cit- months. Without a bit of self-interest, they ies were struggling to pay their bills to I have shown this picture throughout have fought for you. They have make things work for their commu- the week. That is why, as I close over searched throughout the night for a nities, some of them growing quite fast the next few minutes, I would like to true compromise. and doing quite well but, as we know, show it again. You can find this picture I am proud to serve with these col- when counties and parishes grow, their in the National Geographic, ‘‘A World leagues of mine because they do not be- school systems are strained and their Upside Down.’’ This is Long Beach, MS, lieve the people of Louisiana should transportation systems are strained. a week after Katrina hit. This is Mrs. have to trade their dignity for cash. They were managing just like we all Leona Watts. The National Geographic But that is basically what we are being manage and do the best we can. And says that her home ‘‘rests amid the asked to do, in the opinion of this Sen- then overnight, the city of Baton bones of the home where she has lived ator. In other words, Senator, you can Rouge, under the great leadership of for 61 years.’’ have the loan for the people of your Kip Holden and a great council, ended The National Geographic goes on to State, but you are going to take it up getting 150,000 new citizens in 1 say: under a tightfisted policy that has week—150,000 new citizens in a city of Many Mississippians felt abandoned in the never been applied before to anyone 350,000. They might need to borrow a days after the storm as national attention— and, by the way, according to the little money. When you try to move in and relief efforts—seemed locked on New Or- script that we are going to give you, it Baton Rouge from one part of the city leans. won’t be applied to anyone in the fu- to the next, the traffic is back to back. I have asked throughout the week if ture, but only for you—for Louisiana, Lafayette is the same way. the city of Long Beach or the cities in for Mississippi, for Alabama, for the So I do not want the people of my Louisiana can get some infusion of poor, for the middle income, and for State to think I am not aware that cash to help them go through. I don’t the rich. Only for you all in the South there are not impacts everywhere. know what kind of tax credits and is this going to be applied. Take it or Again, this is a program that has ex- other possibilities could help here, at leave it. isted for the benefit of everybody in least not in the next few weeks or few I hope the people of Louisiana, whom this country, and we have asked to months. I am confident that targeted I have proudly represented for so long, take $1 billion from FEMA and move strategic tax cuts can help to rebuild can understand why I spent the it—not new money, but money that is this city. evening here and why I am going to sitting in FEMA’s bank account that I am almost certain that in Mis- continue to stay at this desk as often they cannot spend, and give it in loans sissippi—I am not completely certain— as I can in between trips home visiting under the same terms and conditions that the State could actually borrow with local elected leaders trying to as other States to which it has been money to help this situation. But I do help organize meetings, supporting all given, and we are told ‘‘no.’’ know one thing because I was State the local officials—Democrats and Re- From the authorization of this loan treasurer of Louisiana for 8 years: Our publicans, Black and White, urban and program in 1974 through December 31, State is prohibited from borrowing suburban, rich and poor citizens to try the Federal Government disbursed money for operating expenses because to help us rebuild a State that is not nearly $100 million in 42 loans. Of that our constitution states that it is fis- only a State we love, but a region that amount, millions have been repaid, cally irresponsible because, under nor- the country needs, even though the some of it has been canceled, 7 were mal circumstances, it is irresponsible country refuses to understand how val- fully canceled, 3 were partially can- to borrow money for operating ex- uable we are to them. celed, and 29 remain outstanding, of penses if you are a State. You should I think people can understand why which one has been partially canceled. borrow money to invest in ports, roads, the situation is as critical as some of This is a program that has worked and infrastructure, not to maintain a us are trying to show. The devastation for everybody in every disaster—earth- lifestyle. Every family knows that. So is enormous. It is unprecedented. Our quakes, hurricanes—but when the peo- in Louisiana we have not allowed it for options are limited. FEMA is not work- ple of the gulf coast ask for it under quite some time. ing. The Red Cross is getting very the leadership of the tightfisted House So if I have stood on the floor a little mixed reviews, and I say that with the of Representatives, the only way we longer for some people and tempers greatest respect for a very great orga- can get the loans is under new terms at have gotten a little short, I have to nization. But we are getting very basically a higher interest rate. The stand here to try to explain that while

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.005 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11251 our State might be in a position to bor- as Republicans and Democrats in the gage. She has probably raised children, row money, although they got a report Senate, and my colleagues for whom I worked in her church, never been late last week that they are $1 billion short have a great deal of respect, suggested, for her taxes, just like my grand- in their own revenue, but even if they and yet at this hour, a few minutes be- mother was—every Sunday morning of were not $1 billion short, the Constitu- fore the 9:15 vote, the only ‘‘com- her life in church. The Catholic Church tion of Louisiana does not allow the promise’’ we have is for the people of that she went to doesn’t exist any- State to borrow money. the gulf coast to take it or leave it— more. It was washed away in the 29 feet The State’s largest city is laying off under different terms than have ever of water that came over Slidell, LA. thousands of workers by the day. In the been asked by anybody before and will And I have to listen to the Republican city that we keep saying we are going not be asked of anybody in the future. leadership tell me: Just rely on faith- to stand up for, people are being laid Last night when I pressed this issue based institutions and private sector off, the city that people still visit for of whether we would be treated the involvement. photo ops to say, We are with you, we same way, we were told that we could Our faith-based institutions have are not abandoning you, we are there. be and we would be. But when we read done great work. I am so grateful for My colleague and I come here to ask the bill, the text, it says in added lan- the many missionaries and churches for $1 billion out of $43 billion to give guage on page 2—it is a very short bill, and synagogues that have come to a loan for 3 months for police, fire, law so I want to read it for the RECORD. help. The church in this neighborhood enforcement, to get the lights on and This is the new provision that has been is gone. Maybe another church from to get the water through the faucets. offered to us: Ohio will come down, or Michigan, but And we are told: Sorry, the only way Provided further, notwithstanding section this lady’s church is gone. Our church- that we will give you that money, the 417(c)(1) of the Stafford Act, such loans may es are gone. Our synagogues are gone. only way we will lend you that money not be canceled. And our businesses that are always is under new policies designed espe- . . . notwithstanding section 417(c)(1) of there to help, that have been helping, cially for you that no one in the past the Stafford Act, such loans may not be can- that have been keeping people on their celed. and no one in the future has to accept. payrolls when they had no money com- But you, Louisiana, Mississippi, and That language has never been in any ing in the front door, keeping their em- Alabama, have to take it or leave it. act, and before anybody tries to say, ployees on the payroll, putting up So through the night, we offered one well, we are lifting the cap, the cap has trailers, putting up tents so their em- compromise after another—a real com- been lifted before. Loans have been ex- ployees could come and sleep in the promise. tended. Never has this language been parking lots so they could work in the Again, the Senator from Michigan is put in. But this is the Republican lead- in the Chamber. He helped through the offices, we are not self-reliant enough. er’s tight-fisted money policy that says So this Senator comes to ask for $1 night. Senator REID was particularly ‘‘such loans may not be canceled.’’ supportive, and I have said thank you billion to lend to the communities such So the people of my State are in a as this, and I am told: Sorry, Senator, to Senator STEVENS who is not now on pretty tough situation—and the people we can’t loan you the money the way the floor but will be here. He was quite of the gulf coast. We have had a cat- patient through a difficult night. This we have lent it to everyone for the last egory 5 storm, the breaking of a levy 30 years. And by the way, when we do is a difficult bill. system, everything people have worked We have had to take some time, as it again in the future, we are going to for, hoped for, dreamed of—destroyed. we have gotten it at the end of the de- lend it to everybody under the old pro- The Federal Government sent us a bate on defense, to talk about this. It gram, but just for you we have a spe- third-rate FEMA, offered a second-rate was our only option. We said just lend cial deal. Just for you all we have a levee system, and now a tight-fisted us the $1 billion under the same old and special deal. lending policy, and then criticized us good and steady and traditional pro- Here is another man who needs help, for not being more self-reliant. grams. That was not accepted. and for him we have a special deal—the We have said if the Senate would This woman lived in this house for 61 Republican leadership. We lent money come together and act, my colleague years. The reason I like to keep show- to everybody in America since 1974 and I have made it clear that we want ing this picture is she looks a lot like under certain terms, but for you, you the money to be for sheriffs, for several my grandma. And because I know, be- get a special deal. For this lady walk- of our hospitals that are in a desperate cause I know how self-reliant my ing out of the Superdome—I think this situation, to allow the cities and par- grandmother was, I am just going to is the Hyatt in New Orleans; I think ishes to borrow money, and we would assume that she was a lot like my this is where this is—she is doing the be willing, or I would be willing, to grandmother, Loretta Landrieu. My best she can. Obviously, she only has send two bills over to the House with grandmother never graduated from two arms and she has two babies and Senator VITTER and Senator FRIST’s eighth grade. She worked her whole life she is carrying them both—with one name on both of those bills so the Sen- three jobs. She raised 2 boys and 19 blanket, a bottle, and a bottle of water ate could go on record saying we are grandchildren. She never asked the for two babies. No store open, and she ready to act. And if the House wants to Government for any money. When she comes here to ask for help, and I am pass either one of these, they can pass died, she had $19,000 in the bank. She told by the Republican leadership in one and send it to the President’s desk gave each one of her grandchildren power: Sorry, we are going to lend you and then they can decide whether we $1,000, and she bought us a little camp the money but under different cir- should be treated the same or treated for $15,000 on Lake Pontchartrain. In 42 cumstances. differently. And I would live with that. years, the 8 of us raised 37 children in How much time do I have remaining? I have made my point clear, I believe, that little camp, with no air-condi- How much time do I have remaining, and I have made myself clear in rep- tioning, and we had a great time. Then please? resenting the State. We should be as we grew and the family grew and we The PRESIDING OFFICER (Mr. AL- treated the same way. But if the House got a little more prosperous, we put in LARD). The Senator has 31⁄2 minutes of Representatives decides that we air-conditioning and we expanded it. remaining. should be treated a different way, if the But this is what my grandmother, if Ms. LANDRIEU. I thank the Chair. President of the United States wants she were still alive, this is probably This is the National Guard, Jon Eric to explain why we should be treated what she would be looking at right Miletello. He has probably pulled dou- differently, I would be happy to send now. And I have to listen to people in ble duty in Iraq because our National two bills over and let the House of Rep- Washington, the power in Washington, Guard has been there, trying to stand resentatives, under the control of the the Republican power from the White up Iraq, standing up water systems in Republican leadership, decide what House, to this Senate, to the House, Iraq, putting down sewer systems in they want to do. But that was not ac- tell me that people in the gulf coast Iraq, so he comes home and this is ceptable. area need to be more self-reliant. This what he finds: his grandmother in 5 So I have stayed here through the woman has lived in this house for 61 feet of water. And when we come here night working on as many suggestions years. She has probably paid the mort- to ask for a loan for this town to help

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.006 S07OCPT1 S11252 CONGRESSIONAL RECORD — SENATE October 7, 2005 them out just for 3 months, we have to pass this bill over the course of the WAR RELATED ILLNESSES get a different deal. day. Mr. LEVIN. Mr. President, we have So in the last 3 minutes I am going Having said that, I now ask unani- before the Senate the fiscal year 2006 to ask the Senate, since they said that mous consent the Senate now proceed Department of Defense appropriations they would do this, they want to help, to the Vitter bill which has been at the bill, H.R. 2863. This legislation makes a to send this over to the House. Let the desk since yesterday. For the informa- valuable contribution to our Nation’s House make the decision. Let the tion of all Senators, this bill is the efforts to enhance the quality of life House leadership make the decision same language we have cleared and for our soldiers, sailors, airmen and whether they want to lend us the have been working on for the past 48 marines as well as their families, while money under the traditional program hours. continuing to transform our military or give us yet a special deal for people I further ask unanimous consent the forces to ensure that they are capable of the gulf coast. bill be read a third time and passed and of meeting the threats to America’s se- So I am prepared to ask unanimous the motion to reconsider be laid on the curity now and in the future. consent that the Senate proceed to the table. Mr. INOUYE. The committee bill immediate consideration of S. 1855, and The PRESIDING OFFICER. Is there seeks to improve pay and benefits for for that bill to be read and passed. This objection? our military personnel and makes con- bill would allow the Stafford Act Mr. LEVIN. Reserving the right to siderable improvements in medical money to be given under the same object. care that our men and women in uni- Mr. FRIST. Regular order, Mr. Presi- terms and conditions as it was to ev- form and their families receive. In ad- dent. eryone else. dition, funding has been included to Mr. LEVIN. Reserving the right to fund a Peer Reviewed Medical Research The PRESIDING OFFICER. Is there object. May I ask a question? objection? Program that addresses a wide array of The PRESIDING OFFICER. Regular important medical programs. Mr. FRIST. Objection. order has been called for. The Senator The PRESIDING OFFICER. Objec- Mr. HARKIN. I agree with the Sen- must—— ator from Hawaii about the significant tion is heard. Mr. LEVIN. I object. efforts made by the committee bill to Ms. LANDRIEU. Mr. President, I ask The PRESIDING OFFICER. Objec- unanimous consent that the Senate address the well-being of our soldiers, tion is heard. sailors, airmen and marines. Of par- would send the bill over to the House OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC ticular interest to me is peer-reviewed to say that such loans may only be AID medical research that examines gulf canceled with the approval of the Of- Mr. STEVENS. Mr. President, in fis- war illnesses and their relationship to fice of Management and Budget, so cal year 2002, Congress provided $5 mil- chronic multisymptom illnesses. I be- that they could be canceled but only lion in the Department of Defense ap- lieve this research could provide valu- Management and Budget could make propriations bill to transport and dis- able insights into diagnosed post-de- that decision. tribute wheelchairs to the victims of ployment illnesses. The PRESIDING OFFICER. Is there overseas conflicts, landmines, and crip- Mr. JOHNSON. My friend from Iowa objection? pling illnesses if matched by private is correct. For the past several years, Mr. FRIST. I object. funds. These funds were allocated from the Center for Chronic Pain and Fa- The PRESIDING OFFICER. Objec- amounts provided to the Defense Secu- tigue Research has conducted research tion is heard by the Chair. rity Cooperation Agency, DSCA. Since on the internal mechanisms and most Ms. LANDRIEU. Mr. President, those that time, the DSCA has worked with a effective treatment of gulf war ill- are the best ideas we have had. They nonprofit organization called the nesses and other undiagnosed post-de- are obviously not enough. I thank my WheelChair Foundation to deliver over ployment illnesses. This research has colleagues for their patience. I under- 120,000 wheelchairs to nearly 100 coun- been funded by Congress and overseen stand it has been a difficult time, but tries, including 5,810 to Afghanistan; by the U.S. Army Medical Research this is a difficult situation, and I know 2,400 to Iraq; and over 3,900 to Jordan. and Materiel Command and its peer-re- that we have held everybody here a day I believe it is vital that we plan and view process. Continued funding for longer than they thought they would invest not only to win the wars we this program will enable the continu- be here. We thought we would get out fight, but also to win the peace. In that ation of research into a variety of ill- of here about 10 o’clock last night, or regard, this program has been an un- nesses reported by personnel upon re- 11. I thank Senator STEVENS for his pa- qualified success. The hope and chance turning from the gulf war. tience. He has been very patient, and for a new life that a wheelchair can Ms. STABENOW. I would agree with Senator INOUYE, as they have managed provide to someone who could never af- my friend from South Dakota. The this bill. I thank Senator FRIST for the ford one has value beyond measure. Ad- Center for Chronic Pain and Fatigue hours of discussions that he has had, ditionally, this program gives us the Research at the University of Michigan but I will say in closing that when you opportunity to leverage Federal sup- is the national leader in the research of have power, Mr. President, I believe port with the efforts of the nonprofit chronic multisymptom illnesses. Their that we should use it in the wisest and sector to accomplish more than we recent research has used advanced best way. I don’t think the work we are could do alone. functional brain imaging technology to doing here is the wisest and the best. It The funding specifically earmarked demonstrate the similarity in dysfunc- may be the best we can do, but this for this initiative in fiscal year 2002 tional pain processing between a group Senator does not think it is what we will likely be exhausted within the of veterans suffering from gulf war ill- should do. year. The legislation we are now con- nesses and a group of civilians diag- I yield the floor. sidering would provide the full amount nosed with fibromyalgia. The center’s The PRESIDING OFFICER. The ma- of the President’s request for Overseas work has taken on added importance jority leader is recognized. Humanitarian, Disaster, and Civic Aid because of our Nation’s current mili- Mr. FRIST. Before the vote, let me of $61 million. It is our hope that fund- tary deployments and deserves the con- quickly explain the two objections and ing will be available for this activity in tinued support of Congress and the De- then I will have a unanimous consent the coming fiscal year if appropriate partment of Defense. request of my own. humanitarian needs are identified. Mr. LEVIN. As the Senators from Basically, the language of both of the Mr. INOUYE. Mr. President, I appre- Michigan and South Dakota have bills that have been put forward has ciate the comments from the chair- noted, many soldiers returned from the not been reviewed by anybody except man, and commend his leadership on gulf war with a variety of symptoms maybe two or three people on the floor this issue. I am familiar with the suc- that have no discernible cause. Al- of the Senate. Second, we do have leg- cesses that this program has enjoyed. though environmental exposure in the islation, the Vitter bill, that has been Providing wheelchairs to the victims of gulf war cannot be ruled out as a cause, vetted with the administration. We overseas conflicts is an important pro- many believe that stress is a factor talked to the Republican leadership in gram, and I encourage our Federal that may have contributed to these ill- the House. I believe strongly we can agencies to support this program. nesses. I hope that efforts will be made

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.008 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11253 to ensure that this bill provides ade- carry out their critical missions at The bill includes language to provide quate funding to ensure the continu- home and overseas. Having said that, I $3.5 million above the President’s budg- ation of this important research. must again voice my dismay at the et request to procure aircraft and avia- Mr. STEVENS. I understand the con- Senate’s inability to authorize these tion equipment for the Civil Air Patrol. cerns that my colleagues have regard- appropriations. Critical programs and The bill includes language to provide ing poorly understood illnesses that benefits have not been authorized. The $19,000 above the President’s budget re- have affected military personnel in authorizers layout the priorities, and quest to procure vehicles for the Civil nearly every conflict since the Civil the appropriators fund. Unfortunately, Air Patrol. War, and most recently in Iraq and Af- this time honored practice is not being The bill includes language to provide ghanistan. As chairman of the Defense upheld. $3 million to support the National Mu- Appropriations Subcommittee, I want As I look over the bill, I see that, as seum of the United States Army at to lend my support to this important reported in the Senate, it trims $7 bil- Fort Belvoir, VA. research. lion from the administration request, The bill includes language to provide AM2 AND COATINGS REMOVAL TECHNOLOGY leaving that amount available for non- $2 million for the installation, repair, Mr. BURNS. Mr. President, I would defense appropriations. I am pleased and maintenance of an on-base and ad- like to thank the chairman for his con- that the cuts are reductions for pro- jacent off-base wastewater/treatment tinued efforts to ensure a strong na- grams that were underexecuted in the facility at Naval Computer Tele- tional defense. I am well aware of the last fiscal year. Unfortunately, and not communications Area Master Station, tight budget structures the sub- surprisingly, the bill also includes a NCTAMS, in Hawaii. committee faced when marking up the large number of unauthorized and The bill includes language to prohibit bill. I would like to draw attention to unrequested provisions. I hope that the the procurement of foreign ball and two important programs for future sponsors will carefully reconsider these roller bearings. This ‘‘Buy America’’ consideration that may have great ben- damaging provisions as the bill works restriction with regard to the procure- efit to our military. its way through the legislative process. ment of ball and roller bearings may The refurbishment of aircraft fuse- While I appreciate the hard work and cost the taxpayers more than pur- lages and engines, ships, and jet engine the laudable intentions of the members chasing ball and roller bearings from a turbine blades requires the removal of of the Committee, we must all be foreign source. paint and other coatings, but can be alarmed at these appropriations ear- The bill includes language to direct extremely costly if, while removing the marks. They limit the ability of our the Secretary of the Army to fully coating, the underlying surface is dam- Defense Department to expend needed plan, budget, program finance the Non- aged. I am told that laser technology is resources according to its funding pri- Line of Sight Future Force cannon and able to detect, in real time, when coat- orities. re-supply vehicle program, NLOS–C, in I have already spoken at length dur- ings have been removed, thus avoiding order to field this system in fiscal year ing debate on this bill, so I will not damage to the item being serviced. 2010. Furthermore, the bill language di- take up much more of the Senate’s rects that if the plan to field the Fu- Further, I am told the Air Force Re- time again. I am pleased that the Sen- search Laboratory has expressed inter- ture Combat System, FCS, in fiscal ate recognizes the importance of Amer- year 2010 is delayed then it directs the est in spectroscopy-based technology ica’s greatest strength, the acknowl- as it may assist them in developing Secretary of the Army to develop the edgment that we are different and bet- NLOS–C independent of the broader robotic systems for coatings removal of ter than our enemies. We are Ameri- large off-aircraft components, as well FCS development timeline to achieve cans, and we hold ourselves to humane fielding by fiscal year 2010. Moreover, as developing systems in the future for standards of treatment of people no de-coating large on-aircraft compo- the bill directs the Army to deliver 8 matter how evil or terrible they may combat operational pre-production nents. be. To do otherwise would undermine Providing for a lightweight replace- NLOS–C systems by the end of calendar both our security and our greatness as year 2008, in addition to those systems ment for Air Field Matting, AM2, is a Nation. The Senate spoke with a among the Top Ten mission critical necessary for developmental and oper- strong voice this week, and I urge the ational testing. Section 8103 to H.R. technology needs of the Department of conferees to include the detention-re- Defense. AM2 is an outdated 40-year old 2853 Separating the Non-line-of-sight lated amendment in the conference re- cannon, NLOS–C, program from the system currently used by the Air port that will be sent to the President. Future Combat System, FCS, will in- Force, Marine Corps and Army to es- With Americans deployed across the crease costs and program risk because tablish temporary airport systems in globe fighting terror, deployed at home the field. I have learned it may be too in recovery of Hurricane Katrina, and it invalidates one of the key heavy to deploy easily and unsuitable with looming budget deficits, the Sen- underpinnings of the FCS program for missions where mobility and speed ate faces some tough choices. We must which is to have a family of systems are necessary. Lattice Block Struc- maintain our fiscal responsibility based on equipment commonality. The tures may be an option to serve as a while providing for our military needs. original concept for the development of stronger, lighter and more portable re- The cost of the conflicts in Afghani- the manned ground vehicle was to de- placement to the antiquated AM2 mat- stan and Iraq demand a new fiscal san- sign and produce a common chassis for ting. Fiscal year 2006 funding for Lat- ity in our appropriations bills. A half- all manned ground vehicles. Separating tice Block Structures could enable a-trillion dollar budget deficit means NLOS–C from FCS fundamentally DOD to more rapidly establish tem- we simply cannot afford business as changes this principle and further com- porary airfields in support of critical usual. We simply cannot continue the plicates the development of this al- military missions. binge of pork barrel spending that con- ready complex and yet critical Army Mr. STEVENS. I say to the distin- sumes an ever growing proportion of weapons system. Furthermore, bisect- guished Senator from Montana that I our federal budget. While the cost of an ing FCS will increase development and appreciate him bringing these impor- individual project may get lost in the sustainment costs and negatively im- tant programs to my attention and to fine print of lengthy bills, together, pact systems interoperability. The the attention of the Senate. I look for- they all do real damage. Collectively, AirLand Subcommittee on the Senate ward to working with him on these and these earmarks represent a significant Armed Services Committee is the ap- other important matters that affect burden to American taxpayers. propriate subcommittee of jurisdiction our military and national defense in Some of the more egregious examples in this matter. Although we had hear- the days and weeks to come. of earmarks, either in the bill or in the ings on FCS in the subcommittee this Mr. MCCAIN. Mr. President, the accompanying report, include: year, we did not hear expert testimony pending measure, H.R. 2863, the De- The bill includes language to provide in support of this specific provision. As fense Appropriations Act for Fiscal $10 million for the Joint Interagency a result, I intend to offer legislation to Year 2006, will provide our men and Training Center-East and the affiliated repeal this provision in the Defense Au- women in uniform with the equipment, Center for National Response at the thorization bill at the appropriate benefits, and programs they need to Memorial Tunnel in West Virginia. time.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.002 S07OCPT1 S11254 CONGRESSIONAL RECORD — SENATE October 7, 2005 The bill includes language that au- aren’t broken, mind you, but the own- mestic supplier in certain product thorizes the Secretary of the Air Force ers would like new doors put on them. lines. This not only adds to the pres- to spend $32 million to make upgrades, This appropriation looks to me like an sure for our allies to ‘‘Buy European’’ repairs, and build additions to build- open door to fiscal irresponsibility. but it also raises the costs of procure- ings and other types of infrastructure The damage these earmarks do is ment for DOD, and cuts off access to associated with military ranges in deadly serious. They pull money away potential state-of-the-art technologies. Alaska. from legitimate funding priorities and In order to maintain our troop The bill includes language to provide they waste taxpayer dollars. Each strength and force readiness, the DOD $12.9 million in grant money and di- year, many of the same earmarks ap- must be able to be equipped with the rects the Secretary of Defense to spend pear in appropriations legislation, and best technologies available, regardless the money for the following: $850,000 to each year I come to the floor and point of country of origin. This would ensure the Fort Des Moines Memorial Park them out to my colleagues. Some of both price and product competition. and Education Center; $2 million to the the appropriators’ favorite projects in- Defense exports improve interoper- American Civil War Center at Historic clude: ability with friendly forces—increas- Tredegar; $3 million to the Museum of The $25 million for the Hawaii Fed- ingly necessary as we operate in coali- Flight, American Heroes Collection; $1 eral Health Care Network. I remember tion warfare and peacekeeping mis- million to the National Guard Youth only 2 years ago when this particular sions. Exports lower the unit costs of Foundation; $3 million to the United project was given $23 million dollars. systems to the U.S. military, and pro- Services Organization; $2 million to the Some things never change. vide the same economic benefits to the Dwight D. Eisenhower Memorial Com- And $2 million for the brown tree U.S. as all other exports—well paying mission; and $1 million to the Iraq Cul- snakes. Once again, the brown tree jobs, improved balance of trade, and in- tural Heritage Assistance Project. snake has slithered its way into our de- creased tax revenue. These are really Section 8062 of the General Provi- fense appropriation bill. This funding issues of acquisition policy, not appro- sions. The text states that, ‘‘each con- does not belong in the Defense Appro- priations matters. There is no jus- tract awarded by the Department of priations Act. tification for including these provi- Defense during the current fiscal year There are many earmarks that fun- sions in the Appropriations Act. for construction or service performed nel dollars to worthy medical research This bill spends money on Lewis and in whole or in part in a State which is programs, such as breast cancer re- Clark and funnels cash into military not contiguous with another State and search, but there is no compelling na- museums. It protects the mooring has an unemployment rate in excess of tional defense reason for these items to chain industry and ensures that we the national average rate of unemploy- be in this piece of legislation. This type only buy American ball bearings. There ment as determined by the Secretary of critical research should be funded is enough pork in this bill to feed an of Labor, shall include a provision re- through the Labor/HHS Appropriations army—if only that we used our defense quiring the contractor to employ, for bill. Our soldiers and sailors need to be appropriations to do that. I suppose it the purpose of performing that portion provided with the best equipment, is more important to appease local of the contract in such State that is housing, and support possible. Scarce constituencies and special interests. not contiguous with another State, in- defense dollars should be used for these I wish it were not necessary for me to dividuals who are residents of such defense purposes, not others. come to the Senate with every appro- State and who, in the case of any craft I could go on and on—and on and on priations bill to criticize the amount of or trade, possess or would be able to ac- and on—listing all of the examples of unrequested spending in the legisla- quire promptly the necessary skills.’’ I pork in this legislation. We simply tion. I do so because I believe it is crit- am not making this text up. Let’s call need to reassess our priorities. ical for American taxpayers to under- a spade a spade. This provision directly This year’s bill also includes a num- stand where the money in their pock- protects the jobs of only Hawaiians and ber of ‘‘Buy America’’ provisions. For ets is really going. I urge my col- Alaskans. example, it prevents the foreign pur- leagues to stop ‘‘porking up’’ our ap- And 2.2 million for the Lewis and chase of welded shipboard anchor and Clark Bicentennial celebration. You propriations bills. In a time of huge mooring chain four inches in diameter don’t need to have the exploration spending deficits and scarce dollars, it and under. Another provision ensures skills of Lewis and Clark to see that is long past time to stop feeding at the that all carbon, alloy or steel plates this is a path to higher deficits. trough. And $65 million for the Additional are produced in the United States. Mrs. FEINSTEIN. Mr. President, I Procurement of F–15s. The Air Force Whew. I know we’ll sleep better at was pleased to join with the distin- has decided to procure the F–22 to re- night knowing that all of our carbon guished Chairman of the Defense Ap- place the F–15. Yet this earmark keeps plates are manufactured in the U.S. propriations Subcommittee, Senator the F–15 production line open, so I Yet another section prohibits the De- STEVENS, in offering an amendment question the necessity of the F–22 pro- partment of Defense from purchasing that has been accepted as part of the curement in the numbers of aircraft supercomputers from a foreign source. managers’ package in the Fiscal Year and at the funding levels requested by I continue to be very concerned 2006 Defense appropriations bill. the Air Force. Apparently we just de- about the potential impact on readi- Specifically, this amendment would cided to pay for both. ness of our restrictive trade policies require the Office of Management and And $2 million for the Air Battle Cap- with our allies. Every year, Buy Amer- Budget, along with the Department of tain Program at the University of ica restrictions cost the Department of Defense and Department of Homeland North Dakota. This provision sends Defense and the American taxpayers Security, to conduct a study on ‘‘im- students from West Point to North Da- $5.5 billion. From a philosophical point proving the response of the Federal kota for their flight lessons. Instead of of view, I oppose these types of protec- Government to disasters.’’ letting flight schools compete for the tionist policies, and from an economic I believe this study is essential as it ability to train these cadets, we have point of view they are ludicrous. Free is clear to me that there were break- earmarked their training to North Da- trade is both an important element in downs at every level in our response to kota. We are putting parochial inter- improving relations among nations and Hurricane Katrina. ests over the necessity to provide the essential to economic growth. From a Moreover, it is critical that the Fed- best training possible for the best price practical standpoint, ‘‘Buy America’’ eral Government improve its response to our Army cadets. restrictions could seriously impair our to future disasters. And $8 million for repairs to a spe- ability to compete freely in inter- The study required by this amend- cific building at Rock Island Arsenal. I national markets and also could result ment would: review the Federal Gov- can think of 8 million reasons why the in the loss of existing business from ernment’s ability to coordinate and ex- military, not the Senate should allo- long-standing trade partners. pedite its response efforts; evaluate the cate funds to fix their priorities. Some legislative enactments over the role of our military in responding to And $10 million for repairs to utility past several years have had the effect disasters; consider establishing criteria tunnels at Fort Wainright. The tunnels of establishing a monopoly for a do- for ‘‘automatically triggering’’ the

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.004 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11255 military’s participation in emergency I strongly support, including vital This bill also contains a provision I response efforts; and look at increasing equipment for those in uniform facing authored establishing the Civilian Lin- the role of the U.S. Geological Survey daily dangers in Iraq and Afghanistan. guist Reserve Corps, CLRC, pilot in preparing and responding to future However, vital defense policies are con- project. It became abundantly clear disasters. tained in the authorization bill, includ- after the attacks of September 11, 2001, In addition, the amendment requires ing policies with a direct impact on that the U.S. Government had a dearth that the Office of Management and military families, such as pay and ben- of critical language skills. The 9/11 Budget prepare a report based on the efits. The Senate’s strong bipartisan ef- Commission report documented the study that includes: recommendations forts to make TRICARE available for disastrous consequences of this defi- for improving the Federal Govern- the Guard Reserve are also a part of ciency that, unfortunately, we still ment’s response in future disasters the Defense authorization bill. I there- have not made enough progress in ad- with a focus on the military; and pro- fore urge the majority leader to bring dressing 4 years after the 9/11 tragedy. posals for legislation or regulations to the Defense authorization bill back to CLRC is designed to address the Gov- implement these recommendations. the floor so that the Senate can fulfill ernment’s critical language shortfall Lastly, I would like to express my its obligation to our troops and to the by creating a pool of people with ad- disappointment that the amendment American people. vanced language skills that the Federal does not direct the study to analyze I am also frustrated that the admin- Government could call on to assist the role of the National Guard in re- istration continues to rely on emer- when needed. The National Security sponding to disasters. gency supplemental funding for ongo- Education Program completed a feasi- While I wholly join those colleagues ing operations in Iraq and Afghanistan bility study of CLRC and concluded of mine who have commended the and continues to delay even those fund- that the concept was sound and ‘‘an untiring and dedicated work of the Na- ing requests. The administration did important step in addressing both tional Guard in responding to the re- not even request the $50 billion ‘‘bridge short- and long-term shortfalls related cent hurricanes, I believe that includ- fund’’ included in this bill by the Ap- to language assets in the national secu- propriations Committee even though rity community.’’ It also recommended ing an assessment of the National the Pentagon will soon run out of that a 3-year pilot project be conducted Guard’s capabilities is critical to un- money for the war effort. This week, to work out any potential problems. derstanding the broader implications Senator BYRD eloquently explained, My amendment establishes this pilot of our government’s emergency re- once again, why the administration project. I want to thank the managers sponse mechanisms. should include the costs of the wars in of the bill for working with me to in- As the principal resource available to Iraq and Afghanistan in the regular clude this important measure and States to assist in disaster response ef- budget. Congress cannot budget respon- thank Senator COLEMAN for cospon- forts, it would seem vital to consider sibly or perform its oversight duties soring my amendment. the Guard’s capabilities under both adequately if we continue to rely on I also want to thank the chairman of State and Federal control, and the supplemental spending bills, which es- the Defense Appropriations Sub- mechanisms currently established for sentially put the costs of war on our committee for continuing to work with mobilizing out-of-State Guard units to national tab. The Senate has insisted me in assisting the families of injured assist in any response. on three separate occasions that the service members. I was pleased that Part of such a review would certainly administration include war costs in its Congress included my amendment on have included a proper evaluation of budget submissions and the adminis- travel benefits for the family of injured whether the National Guard currently tration has ignored the Senate three service members in the Emergency has the necessary resources and equip- times. I was proud to cosponsor Sen- Supplemental Appropriations Act for ment to respond adequately to disas- ator BYRD’s amendment demanding ac- Defense, the Global War on Terror, and ters. countability for the fourth time and Tsunami Relief of 2005, P.L. 109–13. My The study required by this amend- was gratified that the Senate adopted amendment corrected a flaw in the law ment is not about placing blame or it. that unintentionally restricted the pointing fingers; there is plenty of I am proud that the Senate sent such number of families of injured service fault to go around. Rather, it is about a strong message to the administration members that qualify for travel assist- assessing our capabilities to respond to about the treatment of detainees. The ance. Too many families were being de- future disasters, and addressing our lack of a clear policy regarding the nied help in visiting their injured loved weaknesses. treatment of detainees has been con- ones because the Army had not offi- As I have said in the past, we need to fusing and counterproductive. It has cially listed them as ‘‘seriously in- ensure that we have a system in place left our men and women in uniform in jured,’’ even though these men and that allows the Federal Government to the lurch with no clear direction about women have been evacuated out of the come in immediately with the full what is and is not permissible. This combat zone to the United State for force of its resources and assume pri- failure on the part of the administra- treatment. The change in the law now mary responsibility for response and tion has sullied our reputation as a na- ensures that families of injured service relief. tion, and hurt our efforts to promote members evacuated to a U.S. hospital Now is the time to prepare for future democracy and human rights in the get at least one trip paid for so the disasters. Arab and Muslim world. I was proud to families can quickly reunite and begin The study and report required by this vote for Senator MCCAIN’s amendment recovering from the trauma they have amendment will provide us a roadmap on interrogation policy because it experienced. for enacting the necessary reforms should help to bring back some ac- The family travel provision in P.L. within our Government to make sure countability to the process and restore 109–13 was sunset at the end of the 2005 we never again have to observe the fail- our great Nation’s reputation as the fiscal year, H.J. Res. 68 continues to ures like we experienced during Hurri- world’s leading advocate for human make this travel provision available cane Katrina. rights. until November 18 of this year. I was Mr. FEINGOLD. Mr. President, al- I am also pleased that the bill coins concerned that Congress may not pass though I support passage of this year’s a modified version of Senator the necessary legislation to make this Department of Defense appropriations GRAHAM’s amendment, requiring that travel benefit permanent before No- bill, I am deeply disappointed that the the administration report to Congress vember 18. However, the distinguished Senate has not been allowed a full de- about the procedures used by the tribu- Chairman assured me that he would bate on the Defense authorization bill. nals at Guantanamo Bay to determine continue working to extend this ben- It is unconscionable that the Defense whether individuals held there are efit in fiscal year 2006 until it becomes authorization bill that is so critical to enemy combatants. The modified permanent through the Defense au- our men and women in uniform has amendment also makes a very impor- thorization process. been allowed to languish for over 5 tant clarification, ensuring that the There are provisions in this bill with months. The appropriations bill in- tribunals may not consider statements which I disagree, and the Senate re- cludes funds for many important items obtained with undue coercion. jected a number of amendments that

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.006 S07OCPT1 S11256 CONGRESSIONAL RECORD — SENATE October 7, 2005 would have made this bill better. We H.R. 2863 duty or other duty, and expenses authorized by continue to waste billions on Cold-War- Resolved, That the bill from the House of section 16131 of title 10, United States Code; and era weapons systems designed to Representatives (H.R. 2863) entitled ‘‘An Act for payments to the Department of Defense Mili- counter the Soviet Union while not making appropriations for the Department tary Retirement Fund, $3,052,269,000. fully funding the needs of the military of Defense for the fiscal year ending Sep- RESERVE PERSONNEL, NAVY tember 30, 2006, and for other purposes.’’, do personnel fighting our current wars. For pay, allowances, clothing, subsistence, pass with the following amendment: gratuities, travel, and related expenses for per- However, on balance, this legislation Strike out all after the enacting clause and sonnel of the Navy Reserve on active duty under contains many good provisions for our insert: section 10211 of title 10, United States Code, or men and women in uniform and their That the following sums are appropriated, out while serving on active duty under section families, and that is why I support it. of any money in the Treasury not otherwise ap- 12301(d) of title 10, United States Code, in con- Mr. FRIST. I ask for the yeas and propriated, for the fiscal year ending September nection with performing duty specified in sec- nays on the Defense Appropriations 30, 2006, for military functions administered by tion 12310(a) of title 10, United States Code, or the Department of Defense and for other pur- Committee bill. while undergoing reserve training, or while per- poses, namely: forming drills or equivalent duty, and expenses The PRESIDING OFFICER. Is there a TITLE I—MILITARY PERSONNEL authorized by section 16131 of title 10, United sufficient second? MILITARY PERSONNEL, ARMY States Code; and for payments to the Depart- There is a sufficient second. ment of Defense Military Retirement Fund, For pay, allowances, individual clothing, sub- $1,617,299,000. The yeas and nays were ordered. sistence, interest on deposits, gratuities, perma- The PRESIDING OFFICER. The nent change of station travel (including all ex- RESERVE PERSONNEL, MARINE CORPS question is on the engrossment of the penses thereof for organizational movements), For pay, allowances, clothing, subsistence, amendments and third reading of the and expenses of temporary duty travel between gratuities, travel, and related expenses for per- bill. permanent duty stations, for members of the sonnel of the Marine Corps Reserve on active Army on active duty, (except members of reserve duty under section 10211 of title 10, United The amendments were ordered to be States Code, or while serving on active duty engrossed, and the bill to be read a components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Offi- under section 12301(d) of title 10, United States third time. cer’s Training Corps; and for payments pursu- Code, in connection with performing duty speci- The bill was read the third time. ant to section 156 of Public Law 97–377, as fied in section 12310(a) of title 10, United States The PRESIDING OFFICER. The bill amended (42 U.S.C. 402 note), and to the De- Code, or while undergoing reserve training, or having been read the third time, the partment of Defense Military Retirement Fund, while performing drills or equivalent duty, and question is, Shall the bill, as amended, $28,099,587,000. for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 pass? MILITARY PERSONNEL, NAVY of title 10, United States Code; and for payments The clerk will call the roll. For pay, allowances, individual clothing, sub- to the Department of Defense Military Retire- The legislative clerk called the roll. sistence, interest on deposits, gratuities, perma- ment Fund, $491,601,000. Mr. MCCONNELL. The following Sen- nent change of station travel (including all ex- RESERVE PERSONNEL, AIR FORCE penses thereof for organizational movements), ators were necessarily absent: the Sen- For pay, allowances, clothing, subsistence, and expenses of temporary duty travel between gratuities, travel, and related expenses for per- ator from Kentucky (Mr. BUNNING) and permanent duty stations, for members of the the Senator from New Hampshire (Mr. sonnel of the Air Force Reserve on active duty Navy on active duty (except members of the Re- under sections 10211, 10305, and 8038 of title 10, GREGG). serve provided for elsewhere), midshipmen, and United States Code, or while serving on active Further, if present and voting, the aviation cadets; for members of the Reserve Offi- duty under section 12301(d) of title 10, United Senator from Kentucky (Mr. BUNNING) cer’s Training Corps; and for payments pursu- States Code, in connection with performing duty would have voted ‘‘yea.’’ ant to section 156 of Public Law 97–377, as specified in section 12310(a) of title 10, United Mr. DURBIN. I announce that the amended (42 U.S.C. 402 note), and to the De- States Code, or while undergoing reserve train- partment of Defense Military Retirement Fund, ing, or while performing drills or equivalent Senator from Vermont (Mr. LEAHY) is $22,671,875,000. necessarily absent. duty or other duty, and expenses authorized by MILITARY PERSONNEL, MARINE CORPS The result was announced—yeas 97, section 16131 of title 10, United States Code; and For pay, allowances, individual clothing, sub- for payments to the Department of Defense Mili- nays 0, as follows: sistence, interest on deposits, gratuities, perma- tary Retirement Fund, $1,263,046,000. [Rollcall Vote No. 254 Leg.] nent change of station travel (including all ex- NATIONAL GUARD PERSONNEL, ARMY YEAS—97 penses thereof for organizational movements), For pay, allowances, clothing, subsistence, Akaka Dole McConnell and expenses of temporary duty travel between gratuities, travel, and related expenses for per- Alexander Domenici Mikulski permanent duty stations, for members of the sonnel of the Army National Guard while on Allard Dorgan Murkowski Marine Corps on active duty (except members of duty under section 10211, 10302, or 12402 of title Allen Durbin Murray the Reserve provided for elsewhere); and for 10 or section 708 of title 32, United States Code, Baucus Ensign Nelson (FL) payments pursuant to section 156 of Public Law or while serving on duty under section 12301(d) Bayh Enzi Nelson (NE) 97–377, as amended (42 U.S.C. 402 note), and to of title 10 or section 502(f) of title 32, United Bennett Feingold Obama the Department of Defense Military Retirement States Code, in connection with performing duty Biden Feinstein Pryor Bingaman Frist Fund, $8,894,984,000. specified in section 12310(a) of title 10, United Reed Bond Graham MILITARY PERSONNEL, AIR FORCE States Code, or while undergoing training, or Reid Boxer Grassley For pay, allowances, individual clothing, sub- while performing drills or equivalent duty or Brownback Hagel Roberts other duty, and expenses authorized by section Rockefeller sistence, interest on deposits, gratuities, perma- Burns Harkin 16131 of title 10, United States Code; and for Burr Hatch Salazar nent change of station travel (including all ex- Santorum penses thereof for organizational movements), payments to the Department of Defense Military Byrd Hutchison Retirement Fund, $4,555,794,000. Cantwell Inhofe Sarbanes and expenses of temporary duty travel between Carper Inouye Schumer permanent duty stations, for members of the Air NATIONAL GUARD PERSONNEL, AIR FORCE Chafee Isakson Sessions Force on active duty (except members of reserve For pay, allowances, clothing, subsistence, Chambliss Jeffords Shelby components provided for elsewhere), cadets, and gratuities, travel, and related expenses for per- Clinton Johnson Smith aviation cadets; for members of the Reserve Offi- sonnel of the Air National Guard on duty under Coburn Kennedy Snowe cer’s Training Corps; and for payments pursu- section 10211, 10305, or 12402 of title 10 or section Cochran Kerry Specter ant to section 156 of Public Law 97–377, as 708 of title 32, United States Code, or while serv- Coleman Kohl Stabenow Collins Kyl Stevens amended (42 U.S.C. 402 note), and to the De- ing on duty under section 12301(d) of title 10 or Conrad Landrieu Sununu partment of Defense Military Retirement Fund, section 502(f) of title 32, United States Code, in Cornyn Lautenberg Talent $22,908,750,000. connection with performing duty specified in Corzine Levin Thomas RESERVE PERSONNEL, ARMY section 12310(a) of title 10, United States Code, Craig Lieberman Thune or while undergoing training, or while per- Crapo Lincoln For pay, allowances, clothing, subsistence, Vitter forming drills or equivalent duty or other duty, Dayton Lott gratuities, travel, and related expenses for per- Voinovich and expenses authorized by section 16131 of title DeMint Lugar sonnel of the Army Reserve on active duty Warner 10, United States Code; and for payments to the DeWine Martinez under sections 10211, 10302, and 3038 of title 10, Wyden Department of Defense Military Retirement Dodd McCain United States Code, or while serving on active Fund, $2,125,632,000. NOT VOTING—3 duty under section 12301(d) of title 10, United TITLE II—OPERATION AND MAINTENANCE Bunning Gregg Leahy States Code, in connection with performing duty specified in section 12310(a) of title 10, United OPERATION AND MAINTENANCE, ARMY The bill (H.R. 2863), as amended, was States Code, or while undergoing reserve train- For expenses, not otherwise provided for, nec- passed as follows: ing, or while performing drills or equivalent essary for the operation and maintenance of the

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Army, as authorized by law; and not to exceed and equipment; hire of passenger motor vehicles; UNITED STATES COURT OF APPEALS FOR THE $11,478,000 can be used for emergencies and ex- travel and transportation; care of the dead; re- ARMED FORCES traordinary expenses, to be expended on the ap- cruiting; procurement of services, supplies, and For salaries and expenses necessary for the proval or authority of the Secretary of the equipment; and communications, $1,956,482,000. United States Court of Appeals for the Armed Army, and payments may be made on his certifi- OPERATION AND MAINTENANCE, NAVY RESERVE Forces, $11,236,000, of which not to exceed $5,000 cate of necessity for confidential military pur- For expenses, not otherwise provided for, nec- may be used for official representation purposes. poses, $24,573,795,000. essary for the operation and maintenance, in- ENVIRONMENTAL RESTORATION, ARMY OPERATION AND MAINTENANCE, NAVY cluding training, organization, and administra- (INCLUDING TRANSFER OF FUNDS) For expenses, not otherwise provided for, nec- tion, of the Navy Reserve; repair of facilities For the Department of the Army, $407,865,000, essary for the operation and maintenance of the and equipment; hire of passenger motor vehicles; to remain available until transferred: Provided, Navy and the Marine Corps, as authorized by travel and transportation; care of the dead; re- That the Secretary of the Army shall, upon de- law; and not to exceed $6,003,000 can be used for cruiting; procurement of services, supplies, and termining that such funds are required for envi- emergencies and extraordinary expenses, to be equipment; and communications, $1,239,295,000. ronmental restoration, reduction and recycling expended on the approval or authority of the OPERATION AND MAINTENANCE, MARINE CORPS of hazardous waste, removal of unsafe buildings Secretary of the Navy, and payments may be RESERVE and debris of the Department of the Army, or made on his certificate of necessity for confiden- For expenses, not otherwise provided for, nec- for similar purposes, transfer the funds made tial military purposes, $30,317,964,000. essary for the operation and maintenance, in- available by this appropriation to other appro- OPERATION AND MAINTENANCE, MARINE CORPS cluding training, organization, and administra- priations made available to the Department of For expenses, not otherwise provided for, nec- tion, of the Marine Corps Reserve; repair of fa- the Army, to be merged with and to be available essary for the operation and maintenance of the cilities and equipment; hire of passenger motor for the same purposes and for the same time pe- Marine Corps, as authorized by law, vehicles; travel and transportation; care of the riod as the appropriations to which transferred: $3,780,926,000. dead; recruiting; procurement of services, sup- Provided further, That upon a determination OPERATION AND MAINTENANCE, AIR FORCE plies, and equipment; and communications, that all or part of the funds transferred from $197,734,000. this appropriation are not necessary for the pur- For expenses, not otherwise provided for, nec- poses provided herein, such amounts may be OPERATION AND MAINTENANCE, AIR FORCE essary for the operation and maintenance of the transferred back to this appropriation. Air Force, as authorized by law; and not to ex- RESERVE ceed $7,699,000 can be used for emergencies and For expenses, not otherwise provided for, nec- ENVIRONMENTAL RESTORATION, NAVY extraordinary expenses, to be expended on the essary for the operation and maintenance, in- (INCLUDING TRANSFER OF FUNDS) approval or authority of the Secretary of the Air cluding training, organization, and administra- For the Department of the Navy, $305,275,000, Force, and payments may be made on his certifi- tion, of the Air Force Reserve; repair of facilities to remain available until transferred: Provided, cate of necessity for confidential military pur- and equipment; hire of passenger motor vehicles; That the Secretary of the Navy shall, upon de- poses, $30,891,386,000. travel and transportation; care of the dead; re- termining that such funds are required for envi- OPERATION AND MAINTENANCE, DEFENSE-WIDE cruiting; procurement of services, supplies, and ronmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings (INCLUDING TRANSFER OF FUNDS) equipment; and communications, $2,474,286,000. and debris of the Department of the Navy, or for For expenses, not otherwise provided for, nec- OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD similar purposes, transfer the funds made avail- essary for the operation and maintenance of ac- able by this appropriation to other appropria- tivities and agencies of the Department of De- For expenses of training, organizing, and ad- tions made available to the Department of the fense (other than the military departments), as ministering the Army National Guard, including Navy, to be merged with and to be available for authorized by law, $18,517,218,000: Provided, medical and hospital treatment and related ex- the same purposes and for the same time period That not more than $25,000,000 may be used for penses in non-Federal hospitals; maintenance, as the appropriations to which transferred: Pro- the Combatant Commander Initiative Fund au- operation, and repairs to structures and facili- vided further, That upon a determination that thorized under section 166a of title 10, United ties; hire of passenger motor vehicles; personnel all or part of the funds transferred from this ap- States Code, and of which not to exceed services in the National Guard Bureau; travel propriation are not necessary for the purposes $32,000,000 can be used for emergencies and ex- expenses (other than mileage), as authorized by provided herein, such amounts may be trans- traordinary expenses, to be expended on the ap- law for Army personnel on active duty, for ferred back to this appropriation. proval or authority of the Secretary of Defense, Army National Guard division, regimental, and and payments may be made on his certificate of battalion commanders while inspecting units in ENVIRONMENTAL RESTORATION, AIR FORCE necessity for confidential military purposes: compliance with National Guard Bureau regula- (INCLUDING TRANSFER OF FUNDS) Provided further, That of the funds provided tions when specifically authorized by the Chief, For the Department of the Air Force, under this heading not less than $27,009,000 National Guard Bureau; supplying and equip- $406,461,000, to remain available until trans- shall be made available for the Procurement ping the Army National Guard as authorized by ferred: Provided, That the Secretary of the Air Technical Assistance Cooperative Agreement law; and expenses of repair, modification, main- Force shall, upon determining that such funds Program, of which not less than $3,600,000 shall tenance, and issue of supplies and equipment are required for environmental restoration, re- be available for centers defined in 10 U.S.C. (including aircraft), $4,428,119,000: Provided, duction and recycling of hazardous waste, re- 2411(1)(D): Provided further, That none of the That $10,000,000 shall be available for the oper- moval of unsafe buildings and debris of the De- funds appropriated or otherwise made available ations and development of training and tech- partment of the Air Force, or for similar pur- by this Act may be used to plan or implement nology for the Joint Interagency Training Cen- poses, transfer the funds made available by this the consolidation of a budget or appropriations ter-East and the affiliated Center for National appropriation to other appropriations made liaison office of the Office of the Secretary of Response at the Memorial Tunnel and for pro- available to the Department of the Air Force, to Defense, the office of the Secretary of a military viding homeland defense/security and tradi- be merged with and to be available for the same department, or the service headquarters of one tional warfighting training to the Department of purposes and for the same time period as the ap- of the Armed Forces into a legislative affairs or Defense, other federal agency, and state and propriations to which transferred: Provided fur- legislative liaison office: Provided further, That local first responder personnel at the Joint ther, That upon a determination that all or part $4,000,000, to remain available until expended, is Interagency Training Center-East. of the funds transferred from this appropriation available only for expenses relating to certain OPERATION AND MAINTENANCE, AIR NATIONAL are not necessary for the purposes provided classified activities, and may be transferred as GUARD herein, such amounts may be transferred back necessary by the Secretary to operation and to this appropriation. For expenses of training, organizing, and ad- maintenance appropriations or research, devel- ministering the Air National Guard, including ENVIRONMENTAL RESTORATION, DEFENSE-WIDE opment, test and evaluation appropriations, to medical and hospital treatment and related ex- (INCLUDING TRANSFER OF FUNDS) be merged with and to be available for the same penses in non-Federal hospitals; maintenance, For the Department of Defense, $28,167,000, to time period as the appropriations to which operation, and repairs to structures and facili- remain available until transferred: Provided, transferred: Provided further, That any ceiling ties; transportation of things, hire of passenger That the Secretary of Defense shall, upon deter- on the investment item unit cost of items that motor vehicles; supplying and equipping the Air mining that such funds are required for envi- may be purchased with operation and mainte- National Guard, as authorized by law; expenses ronmental restoration, reduction and recycling nance funds shall not apply to the funds de- for repair, modification, maintenance, and issue of hazardous waste, removal of unsafe buildings scribed in the preceding proviso: Provided fur- of supplies and equipment, including those fur- and debris of the Department of Defense, or for ther, That the transfer authority provided nished from stocks under the control of agencies similar purposes, transfer the funds made avail- under this heading is in addition to any other of the Department of Defense; travel expenses able by this appropriation to other appropria- transfer authority provided elsewhere in this (other than mileage) on the same basis as au- tions made available to the Department of De- Act. thorized by law for Air National Guard per- fense, to be merged with and to be available for OPERATION AND MAINTENANCE, ARMY RESERVE sonnel on active Federal duty, for Air National the same purposes and for the same time period For expenses, not otherwise provided for, nec- Guard commanders while inspecting units in as the appropriations to which transferred: Pro- essary for the operation and maintenance, in- compliance with National Guard Bureau regula- vided further, That upon a determination that cluding training, organization, and administra- tions when specifically authorized by the Chief, all or part of the funds transferred from this ap- tion, of the Army Reserve; repair of facilities National Guard Bureau, $4,681,291,000. propriation are not necessary for the purposes

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 S11258 CONGRESSIONAL RECORD — SENATE October 7, 2005 provided herein, such amounts may be trans- and procurement and installation of equipment, pedoes, other weapons, and related support ferred back to this appropriation. appliances, and machine tools in public and pri- equipment including spare parts, and acces- ENVIRONMENTAL RESTORATION, FORMERLY USED vate plants; reserve plant and Government and sories therefor; expansion of public and private DEFENSE SITES contractor-owned equipment layaway; and plants, including the land necessary therefor, other expenses necessary for the foregoing pur- (INCLUDING TRANSFER OF FUNDS) and such lands and interests therein, may be ac- poses, $1,214,919,000, to remain available for ob- quired, and construction prosecuted thereon For the Department of the Army, $271,921,000, ligation until September 30, 2008. prior to approval of title; and procurement and to remain available until transferred: Provided, installation of equipment, appliances, and ma- That the Secretary of the Army shall, upon de- PROCUREMENT OF WEAPONS AND TRACKED chine tools in public and private plants; reserve termining that such funds are required for envi- COMBAT VEHICLES, ARMY plant and Government and contractor-owned ronmental restoration, reduction and recycling For construction, procurement, production, equipment layaway, $2,593,341,000, to remain of hazardous waste, removal of unsafe buildings and modification of weapons and tracked com- available for obligation until September 30, 2008. and debris at sites formerly used by the Depart- bat vehicles, equipment, including ordnance, ment of Defense, transfer the funds made avail- spare parts, and accessories therefor; specialized PROCUREMENT OF AMMUNITION, NAVY AND able by this appropriation to other appropria- equipment and training devices; expansion of MARINE CORPS tions made available to the Department of the public and private plants, including the land For construction, procurement, production, Army, to be merged with and to be available for necessary therefor, for the foregoing purposes, and modification of ammunition, and acces- the same purposes and for the same time period and such lands and interests therein, may be ac- sories therefor; specialized equipment and train- as the appropriations to which transferred: Pro- quired, and construction prosecuted thereon ing devices; expansion of public and private vided further, That upon a determination that prior to approval of title; and procurement and plants, including ammunition facilities author- all or part of the funds transferred from this ap- installation of equipment, appliances, and ma- ized by section 2854 of title 10, United States propriation are not necessary for the purposes chine tools in public and private plants; reserve Code, and the land necessary therefor, for the provided herein, such amounts may be trans- plant and Government and contractor-owned foregoing purposes, and such lands and inter- ferred back to this appropriation. equipment layaway; and other expenses nec- ests therein, may be acquired, and construction essary for the foregoing purposes, $1,359,465,000, prosecuted thereon prior to approval of title; OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC to remain available for obligation until Sep- AID and procurement and installation of equipment, tember 30, 2008. appliances, and machine tools in public and pri- For expenses relating to the Overseas Human- PROCUREMENT OF AMMUNITION, ARMY itarian, Disaster, and Civic Aid programs of the vate plants; reserve plant and Government and For construction, procurement, production, Department of Defense (consisting of the pro- contractor-owned equipment layaway; and and modification of ammunition, and acces- grams provided under sections 401, 402, 404, other expenses necessary for the foregoing pur- sories therefor; specialized equipment and train- 2557, and 2561 of title 10, United States Code), poses, $832,791,000, to remain available for obli- ing devices; expansion of public and private $61,546,000, to remain available until September gation until September 30, 2008. plants, including ammunition facilities author- 30, 2007. SHIPBUILDING AND CONVERSION, NAVY ized by section 2854 of title 10, United States FORMER SOVIET UNION THREAT REDUCTION Code, and the land necessary therefor, for the For expenses necessary for the construction, ACCOUNT foregoing purposes, and such lands and inter- acquisition, or conversion of vessels as author- For assistance to the republics of the former ests therein, may be acquired, and construction ized by law, including armor and armament Soviet Union, including assistance provided by prosecuted thereon prior to approval of title; thereof, plant equipment, appliances, and ma- contract or by grants, for facilitating the elimi- and procurement and installation of equipment, chine tools and installation thereof in public nation and the safe and secure transportation appliances, and machine tools in public and pri- and private plants; reserve plant and Govern- and storage of nuclear, chemical and other vate plants; reserve plant and Government and ment and contractor-owned equipment layaway; weapons; for establishing programs to prevent contractor-owned equipment layaway; and procurement of critical, long leadtime compo- the proliferation of weapons, weapons compo- other expenses necessary for the foregoing pur- nents and designs for vessels to be constructed nents, and weapon-related technology and ex- poses, $1,708,680,000, to remain available for ob- or converted in the future; and expansion of pertise; for programs relating to the training ligation until September 30, 2008. public and private plants, including land nec- essary therefor, and such lands and interests and support of defense and military personnel OTHER PROCUREMENT, ARMY for demilitarization and protection of weapons, therein, may be acquired, and construction For construction, procurement, production, prosecuted thereon prior to approval of title, as weapons components and weapons technology and modification of vehicles, including tactical, and expertise, and for defense and military con- follows: support, and non-tracked combat vehicles; the Carrier Replacement Program (AP), tacts, $415,549,000, to remain available until Sep- purchase of passenger motor vehicles for re- tember 30, 2008: Provided, That of the amounts $651,613,000; placement only; and the purchase of 14 vehicles NSSN, $1,637,698,000; provided under this heading, $15,000,000 shall be required for physical security of personnel, not- available only to support the dismantling and NSSN (AP), $763,786,000; withstanding price limitations applicable to pas- SSGN, $286,516,000; disposal of nuclear submarines, submarine reac- senger vehicles but not to exceed $255,000 per ve- tor components, and security enhancements for CVN Refuelings, $1,493,563,000; hicle; communications and electronic equipment; CVN Refuelings (AP), $20,000,000; transport and storage of nuclear warheads in other support equipment; spare parts, ordnance, the Russian Far East. SSBN Submarine Refuelings, $230,193,000; and accessories therefor; specialized equipment SSBN Submarine Refuelings (AP), $62,248,000; TITLE III—PROCUREMENT and training devices; expansion of public and DD(X) (AP), $765,992,000; AIRCRAFT PROCUREMENT, ARMY private plants, including the land necessary DDG–51 Destroyer, $29,773,000; For construction, procurement, production, therefor, for the foregoing purposes, and such LHD–8, $197,769,000; modification, and modernization of aircraft, lands and interests therein, may be acquired, LPD–17, $1,344,741,000; equipment, including ordnance, ground han- and construction prosecuted thereon prior to ap- LHA–R, $150,447,000; dling equipment, spare parts, and accessories proval of title; and procurement and installation LCAC Landing Craft Air Cushion, therefor; specialized equipment and training de- of equipment, appliances, and machine tools in $110,583,000; vices; expansion of public and private plants, public and private plants; reserve plant and Prior year shipbuilding costs, $517,523,000; including the land necessary therefor, for the Government and contractor-owned equipment Service Craft, $46,055,000; and foregoing purposes, and such lands and inter- layaway; and other expenses necessary for the For outfitting, post delivery, conversions, and ests therein, may be acquired, and construction foregoing purposes, $4,426,531,000, to remain first destination transportation, $369,387,000; prosecuted thereon prior to approval of title; available for obligation until September 30, 2008. in all: $8,677,887,000, to remain available for ob- and procurement and installation of equipment, AIRCRAFT PROCUREMENT, NAVY ligation until September 30, 2010: Provided, That appliances, and machine tools in public and pri- For construction, procurement, production, additional obligations may be incurred after vate plants; reserve plant and Government and modification, and modernization of aircraft, September 30, 2010, for engineering services, contractor-owned equipment layaway; and equipment, including ordnance, spare parts, tests, evaluations, and other such budgeted other expenses necessary for the foregoing pur- and accessories therefor; specialized equipment; work that must be performed in the final stage poses, $2,562,480,000, to remain available for ob- expansion of public and private plants, includ- of ship construction: Provided further, That ligation until September 30, 2008. ing the land necessary therefor, and such lands none of the funds provided under this heading MISSILE PROCUREMENT, ARMY and interests therein, may be acquired, and con- for the construction or conversion of any naval vessel to be constructed in shipyards in the For construction, procurement, production, struction prosecuted thereon prior to approval United States shall be expended in foreign fa- modification, and modernization of missiles, of title; and procurement and installation of cilities for the construction of major components equipment, including ordnance, ground han- equipment, appliances, and machine tools in of such vessel: Provided further, That none of dling equipment, spare parts, and accessories public and private plants; reserve plant and the funds provided under this heading shall be therefor; specialized equipment and training de- Government and contractor-owned equipment used for the construction of any naval vessel in vices; expansion of public and private plants, layaway, $9,880,492,000, to remain available for foreign shipyards. including the land necessary therefor, for the obligation until September 30, 2008. foregoing purposes, and such lands and inter- WEAPONS PROCUREMENT, NAVY OTHER PROCUREMENT, NAVY ests therein, may be acquired, and construction For construction, procurement, production, For procurement, production, and moderniza- prosecuted thereon prior to approval of title; modification, and modernization of missiles, tor- tion of support equipment and materials not

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11259 otherwise provided for, Navy ordnance (except other expenses necessary for the foregoing pur- tion until September 30, 2007: Provided, That ordnance for new aircraft, new ships, and ships poses, $996,111,000, to remain available for obli- funds appropriated in this paragraph which are authorized for conversion); the purchase of pas- gation until September 30, 2008. available for the V–22 may be used to meet senger motor vehicles for replacement only, and OTHER PROCUREMENT, AIR FORCE unique operational requirements of the Special the purchase of 9 vehicles required for physical Operations Forces: Provided further, That funds For procurement and modification of equip- security of personnel, notwithstanding price appropriated in this paragraph shall be avail- ment (including ground guidance and electronic limitations applicable to passenger vehicles but able for the Cobra Judy program. control equipment, and ground electronic and not to exceed $255,000 per vehicle; expansion of communication equipment), and supplies, mate- RESEARCH, DEVELOPMENT, TEST AND public and private plants, including the land rials, and spare parts therefor, not otherwise EVALUATION, AIR FORCE necessary therefor, and such lands and interests provided for; the purchase of passenger motor For expenses necessary for basic and applied therein, may be acquired, and construction vehicles for replacement only, and the purchase scientific research, development, test and eval- prosecuted thereon prior to approval of title; of 2 vehicles required for physical security of uation, including maintenance, rehabilitation, and procurement and installation of equipment, personnel, notwithstanding price limitations ap- lease, and operation of facilities and equipment, appliances, and machine tools in public and pri- plicable to passenger vehicles but not to exceed $21,859,010,000, to remain available for obliga- vate plants; reserve plant and Government and $255,000 per vehicle; lease of passenger motor ve- tion until September 30, 2007. contractor-owned equipment layaway, hicles; and expansion of public and private $5,293,157,000, to remain available for obligation RESEARCH, DEVELOPMENT, TEST AND plants, Government-owned equipment and in- until September 30, 2008. EVALUATION, DEFENSE-WIDE stallation thereof in such plants, erection of PROCUREMENT, MARINE CORPS For expenses of activities and agencies of the structures, and acquisition of land, for the fore- Department of Defense (other than the military For expenses necessary for the procurement, going purposes, and such lands and interests manufacture, and modification of missiles, ar- departments), necessary for basic and applied therein, may be acquired, and construction scientific research, development, test and eval- mament, military equipment, spare parts, and prosecuted thereon, prior to approval of title; re- accessories therefor; plant equipment, appli- uation; advanced research projects as may be serve plant and Government and contractor- designated and determined by the Secretary of ances, and machine tools, and installation owned equipment layaway, $14,048,439,000, to thereof in public and private plants; reserve Defense, pursuant to law; maintenance, reha- remain available for obligation until September bilitation, lease, and operation of facilities and plant and Government and contractor-owned 30, 2008. equipment layaway; vehicles for the Marine equipment, $19,301,618,000, to remain available PROCUREMENT, DEFENSE-WIDE Corps, including the purchase of passenger for obligation until September 30, 2007. motor vehicles for replacement only; and expan- For expenses of activities and agencies of the OPERATIONAL TEST AND EVALUATION, DEFENSE sion of public and private plants, including land Department of Defense (other than the military For expenses, not otherwise provided for, nec- necessary therefor, and such lands and interests departments) necessary for procurement, pro- essary for the independent activities of the Di- therein, may be acquired, and construction duction, and modification of equipment, sup- rector, Operational Test and Evaluation, in the prosecuted thereon prior to approval of title, plies, materials, and spare parts therefor, not direction and supervision of operational test $1,361,605,000, to remain available for obligation otherwise provided for; the purchase of pas- and evaluation, including initial operational until September 30, 2008. senger motor vehicles for replacement only, and test and evaluation which is conducted prior to, the purchase of 5 vehicles required for physical AIRCRAFT PROCUREMENT, AIR FORCE and in support of, production decisions; joint security of personnel, notwithstanding prior For construction, procurement, and modifica- operational testing and evaluation; and admin- limitations applicable to passenger vehicles but istrative expenses in connection therewith, tion of aircraft and equipment, including armor not to exceed $255,000 per vehicle; expansion of and armament, specialized ground handling $168,458,000, to remain available for obligation public and private plants, equipment, and in- until September 30, 2007. equipment, and training devices, spare parts, stallation thereof in such plants, erection of and accessories therefor; specialized equipment; structures, and acquisition of land for the fore- TITLE V—REVOLVING AND MANAGEMENT expansion of public and private plants, Govern- going purposes, and such lands and interests FUNDS ment-owned equipment and installation thereof therein, may be acquired, and construction DEFENSE WORKING CAPITAL FUNDS in such plants, erection of structures, and ac- prosecuted thereon prior to approval of title; re- For the Defense Working Capital Funds, quisition of land, for the foregoing purposes, serve plant and Government and contractor- $1,154,940,000. and such lands and interests therein, may be ac- owned equipment layaway, $2,572,250,000, to re- NATIONAL DEFENSE SEALIFT FUND quired, and construction prosecuted thereon main available for obligation until September 30, For National Defense Sealift Fund programs, prior to approval of title; reserve plant and Gov- 2008. ernment and contractor-owned equipment lay- projects, and activities, and for expenses of the away; and other expenses necessary for the NATIONAL GUARD AND RESERVE EQUIPMENT National Defense Reserve Fleet, as established foregoing purposes including rents and trans- For procurement of aircraft, missiles, tracked by section 11 of the Merchant Ship Sales Act of portation of things, $12,729,492,000, to remain combat vehicles, ammunition, other weapons, 1946 (50 U.S.C. App. 1744), and for the necessary available for obligation until September 30, 2008. and other procurement for the reserve compo- expenses to maintain and preserve a U.S.-flag MISSILE PROCUREMENT, AIR FORCE nents of the Armed Forces, $422,000,000, to re- merchant fleet to serve the national security For construction, procurement, and modifica- main available for obligation until September 30, needs of the United States, $579,954,000, to re- tion of missiles, spacecraft, rockets, and related 2008: Provided, That the Chiefs of the Reserve main available until expended: Provided, That equipment, including spare parts and acces- and National Guard components shall, not later none of the funds provided in this paragraph sories therefor, ground handling equipment, and than 30 days after the enactment of this Act, in- shall be used to award a new contract that pro- training devices; expansion of public and pri- dividually submit to the congressional defense vides for the acquisition of any of the following vate plants, Government-owned equipment and committees the modernization priority assess- major components unless such components are installation thereof in such plants, erection of ment for their respective Reserve or National manufactured in the United States: auxiliary structures, and acquisition of land, for the fore- Guard component. equipment, including pumps, for all shipboard going purposes, and such lands and interests DEFENSE PRODUCTION ACT PURCHASES services; propulsion system components (that is; engines, reduction gears, and propellers); ship- therein, may be acquired, and construction For activities by the Department of Defense board cranes; and spreaders for shipboard prosecuted thereon prior to approval of title; re- pursuant to sections 108, 301, 302, and 303 of the cranes: Provided further, That the exercise of serve plant and Government and contractor- Defense Production Act of 1950 (50 U.S.C. App. an option in a contract awarded through the owned equipment layaway; and other expenses 2078, 2091, 2092, and 2093), $68,573,000, to remain obligation of previously appropriated funds necessary for the foregoing purposes including available until expended. rents and transportation of things, shall not be considered to be the award of a new TITLE IV—RESEARCH, DEVELOPMENT, contract: Provided further, That the Secretary $5,068,974,000, to remain available for obligation TEST AND EVALUATION until September 30, 2008. of the military department responsible for such RESEARCH, DEVELOPMENT, TEST AND procurement may waive the restrictions in the PROCUREMENT OF AMMUNITION, AIR FORCE EVALUATION, ARMY first proviso on a case-by-case basis by certi- For construction, procurement, production, For expenses necessary for basic and applied fying in writing to the Committees on Appro- and modification of ammunition, and acces- scientific research, development, test and eval- priations of the House of Representatives and sories therefor; specialized equipment and train- uation, including maintenance, rehabilitation, the Senate that adequate domestic supplies are ing devices; expansion of public and private lease, and operation of facilities and equipment, not available to meet Department of Defense re- plants, including ammunition facilities author- $10,520,592,000, to remain available for obliga- quirements on a timely basis and that such an ized by section 2854 of title 10, United States tion until September 30, 2007. acquisition must be made in order to acquire ca- Code, and the land necessary therefor, for the pability for national security purposes. foregoing purposes, and such lands and inter- RESEARCH, DEVELOPMENT, TEST AND TITLE VI—OTHER DEPARTMENT OF ests therein, may be acquired, and construction EVALUATION, NAVY DEFENSE PROGRAMS prosecuted thereon prior to approval of title; For expenses necessary for basic and applied and procurement and installation of equipment, scientific research, development, test and eval- DEFENSE HEALTH PROGRAM appliances, and machine tools in public and pri- uation, including maintenance, rehabilitation, For expenses, not otherwise provided for, for vate plants; reserve plant and Government and lease, and operation of facilities and equipment, medical and health care programs of the De- contractor-owned equipment layaway; and $18,557,904,000, to remain available for obliga- partment of Defense, as authorized by law,

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 S11260 CONGRESSIONAL RECORD — SENATE October 7, 2005

$20,237,962,000, of which $19,345,087,000 shall be INTELLIGENCE COMMUNITY MANAGEMENT reprogrammings of funds using authority pro- for Operation and maintenance, of which not to ACCOUNT vided in this section must be made prior to June exceed 2 percent shall remain available until (INCLUDING TRANSFER OF FUNDS) 30, 2006: Provided further, That transfers among September 30, 2007, and of which up to For necessary expenses of the Intelligence military personnel appropriations shall not be $10,157,427,000 may be available for contracts Community Management Account, $413,344,000, taken into account for purposes of the limitation entered into under the TRICARE program; of of which $27,454,000 for the Advanced Research on the amount of funds that may be transferred which $377,319,000, to remain available for obli- and Development Committee shall remain avail- under this section. gation until September 30, 2008, shall be for Pro- able until September 30, 2007: Provided, That of (TRANSFER OF FUNDS) curement; and of which $515,556,000, to remain the funds appropriated under this heading, SEC. 8006. During the current fiscal year, cash available for obligation until September 30, 2007, $17,000,000 shall be transferred to the Depart- balances in working capital funds of the De- shall be for Research, development, test and ment of Justice for the National Drug Intel- partment of Defense established pursuant to sec- evaluation. ligence Center to support the Department of De- tion 2208 of title 10, United States Code, may be CHEMICAL AGENTS AND MUNITIONS fense’s counter-drug intelligence responsibilities. maintained in only such amounts as are nec- DESTRUCTION, ARMY TITLE VIII—GENERAL PROVISIONS essary at any time for cash disbursements to be SEC. 8001. No part of any appropriation con- made from such funds: Provided, That transfers For expenses, not otherwise provided for, nec- may be made between such funds: Provided fur- essary for the destruction of the United States tained in this Act shall be used for publicity or propaganda purposes not authorized by the ther, That transfers may be made between work- stockpile of lethal chemical agents and muni- ing capital funds and the ‘‘Foreign Currency tions, to include construction of facilities, in ac- Congress. SEC. 8002. During the current fiscal year, pro- Fluctuations, Defense’’ appropriation and the cordance with the provisions of section 1412 of visions of law prohibiting the payment of com- ‘‘Operation and Maintenance’’ appropriation the Department of Defense Authorization Act, pensation to, or employment of, any person not accounts in such amounts as may be determined 1986 (50 U.S.C. 1521), and for the destruction of a citizen of the United States shall not apply to by the Secretary of Defense, with the approval other chemical warfare materials that are not in personnel of the Department of Defense: Pro- of the Office of Management and Budget, except the chemical weapon stockpile, $1,430,727,000, of vided, That salary increases granted to direct that such transfers may not be made unless the which $1,241,514,000 shall be for Operation and and indirect hire foreign national employees of Secretary of Defense has notified the Congress maintenance; $116,527,000 shall be for Procure- the Department of Defense funded by this Act of the proposed transfer. Except in amounts ment to remain available until September 30, shall not be at a rate in excess of the percentage equal to the amounts appropriated to working 2008; $72,686,000 shall be for Research, develop- increase authorized by law for civilian employ- capital funds in this Act, no obligations may be ment, test and evaluation, of which $57,926,000 ees of the Department of Defense whose pay is made against a working capital fund to procure shall only be for the Assembled Chemical Weap- computed under the provisions of section 5332 of or increase the value of war reserve material in- ons Alternatives (ACWA) program, to remain title 5, United States Code, or at a rate in excess ventory, unless the Secretary of Defense has no- available until September 30, 2007; and no less of the percentage increase provided by the ap- tified the Congress prior to any such obligation. than $119,300,000 may be for the Chemical Stock- propriate host nation to its own employees, SEC. 8007. Funds appropriated by this Act pile Emergency Preparedness Program, of which whichever is higher: Provided further, That this may not be used to initiate a special access pro- $36,800,000 shall be for activities on military in- section shall not apply to Department of De- gram without prior notification 30 calendar stallations and $82,500,000 shall be to assist fense foreign service national employees serving days in session in advance to the congressional State and local governments. at United States diplomatic missions whose pay defense committees. DRUG INTERDICTION AND COUNTER-DRUG is set by the Department of State under the For- SEC. 8008. None of the funds provided in this ACTIVITIES, DEFENSE eign Service Act of 1980: Provided further, That Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity (INCLUDING TRANSFER OF FUNDS) the limitations of this provision shall not apply to foreign national employees of the Department procurement in excess of $20,000,000 in any 1 For drug interdiction and counter-drug activi- of Defense in the Republic of Turkey. year of the contract or that includes an un- ties of the Department of Defense, for transfer SEC. 8003. No part of any appropriation con- funded contingent liability in excess of to appropriations available to the Department of tained in this Act shall remain available for ob- $20,000,000; or (2) a contract for advance pro- Defense for military personnel of the reserve ligation beyond the current fiscal year, unless curement leading to a multiyear contract that components serving under the provisions of title expressly so provided herein. employs economic order quantity procurement in 10 and title 32, United States Code; for Oper- SEC. 8004. No more than 20 percent of the ap- excess of $20,000,000 in any 1 year, unless the ation and maintenance; for Procurement; and propriations in this Act which are limited for congressional defense committees have been no- for Research, development, test and evaluation, obligation during the current fiscal year shall be tified at least 30 days in advance of the pro- $926,821,000: Provided, That the funds appro- obligated during the last 2 months of the fiscal posed contract award: Provided, That no part of priated under this heading shall be available for year: Provided, That this section shall not apply any appropriation contained in this Act shall be obligation for the same time period and for the to obligations for support of active duty training available to initiate a multiyear contract for same purpose as the appropriation to which of reserve components or summer camp training which the economic order quantity advance pro- transferred: Provided further, That upon a de- of the Reserve Officers’ Training Corps. curement is not funded at least to the limits of termination that all or part of the funds trans- (TRANSFER OF FUNDS) the Government’s liability: Provided further, ferred from this appropriation are not necessary SEC. 8005. Upon determination by the Sec- That no part of any appropriation contained in for the purposes provided herein, such amounts retary of Defense that such action is necessary this Act shall be available to initiate multiyear may be transferred back to this appropriation: in the national interest, he may, with the ap- procurement contracts for any systems or com- Provided further, That the transfer authority proval of the Office of Management and Budget, ponent thereof if the value of the multiyear con- provided under this heading is in addition to transfer not to exceed $3,500,000,000 of working tract would exceed $500,000,000 unless specifi- any other transfer authority contained else- capital funds of the Department of Defense or cally provided in this Act: Provided further, where in this Act. funds made available in this Act to the Depart- That no multiyear procurement contract can be OFFICE OF THE INSPECTOR GENERAL ment of Defense for military functions (except terminated without 10-day prior notification to military construction) between such appropria- the congressional defense committees: Provided For expenses and activities of the Office of the tions or funds or any subdivision thereof, to be further, That the execution of multiyear author- Inspector General in carrying out the provisions merged with and to be available for the same ity shall require the use of a present value anal- of the Inspector General Act of 1978, as amend- purposes, and for the same time period, as the ysis to determine lowest cost compared to an an- ed, $209,687,000, of which $208,687,000 shall be appropriation or fund to which transferred: nual procurement: Provided further, That none for Operation and maintenance, of which not to Provided, That such authority to transfer may of the funds provided in this Act may be used exceed $700,000 is available for emergencies and not be used unless for higher priority items, for a multiyear contract executed after the date extraordinary expenses to be expended on the based on unforeseen military requirements, than of the enactment of this Act unless in the case approval or authority of the Inspector General, those for which originally appropriated and in of any such contract— and payments may be made on the Inspector no case where the item for which funds are re- (1) the Secretary of Defense has submitted to General’s certificate of necessity for confidential quested has been denied by the Congress: Pro- Congress a budget request for full funding of military purposes; and of which $1,000,000, to re- vided further, That the Secretary of Defense units to be procured through the contract; main available until September 30, 2008, shall be shall notify the Congress promptly of all trans- (2) cancellation provisions in the contract do for Procurement. fers made pursuant to this authority or any not include consideration of recurring manufac- TITLE VII—RELATED AGENCIES other authority in this Act: Provided further, turing costs of the contractor associated with That no part of the funds in this Act shall be the production of unfunded units to be delivered CENTRAL INTELLIGENCE AGENCY RETIREMENT available to prepare or present a request to the under the contract; AND DISABILITY SYSTEM FUND Committees on Appropriations for reprogram- (3) the contract provides that payments to the For payment to the Central Intelligence Agen- ming of funds, unless for higher priority items, contractor under the contract shall not be made cy Retirement and Disability System Fund, to based on unforeseen military requirements, than in advance of incurred costs on funded units; maintain the proper funding level for con- those for which originally appropriated and in and tinuing the operation of the Central Intelligence no case where the item for which reprogramming (4) the contract does not provide for a price Agency Retirement and Disability System, is requested has been denied by the Congress: adjustment based on a failure to award a fol- $244,600,000. Provided further, That a request for multiple low-on contract.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11261 Funds appropriated in title III of this Act may efficient and cost effective organization plan de- and mooring chain are manufactured in the be used for a multiyear procurement contract as veloped by such activity or function; United States from components which are sub- follows: (2) the Competitive Sourcing Official deter- stantially manufactured in the United States: UH–60/MH–60 Helicopters; and mines that, over all performance periods stated Provided, That for the purpose of this section C–17 Globemaster. in the solicitation of offers for performance of manufactured will include cutting, heat treat- SEC. 8009. Within the funds appropriated for the activity or function, the cost of performance ing, quality control, testing of chain and weld- the operation and maintenance of the Armed of the activity or function by a contractor would ing (including the forging and shot blasting Forces, funds are hereby appropriated pursuant be less costly to the Department of Defense by process): Provided further, That for the purpose to section 401 of title 10, United States Code, for an amount that equals or exceeds the lesser of— of this section substantially all of the compo- humanitarian and civic assistance costs under (A) 10 percent of the most efficient organiza- nents of anchor and mooring chain shall be con- chapter 20 of title 10, United States Code. Such tion’s personnel-related costs for performance of sidered to be produced or manufactured in the funds may also be obligated for humanitarian that activity or function by Federal employees; United States if the aggregate cost of the compo- and civic assistance costs incidental to author- or nents produced or manufactured in the United ized operations and pursuant to authority (B) $10,000,000; and States exceeds the aggregate cost of the compo- granted in section 401 of chapter 20 of title 10, (3) the contractor does not receive an advan- nents produced or manufactured outside the United States Code, and these obligations shall tage for a proposal that would reduce costs for United States: Provided further, That when be reported as required by section 401(d) of title the Department of Defense by— adequate domestic supplies are not available to 10, United States Code: Provided, That funds (A) not making an employer-sponsored health meet Department of Defense requirements on a available for operation and maintenance shall insurance plan available to the workers who are timely basis, the Secretary of the service respon- be available for providing humanitarian and to be employed in the performance of that activ- sible for the procurement may waive this restric- similar assistance by using Civic Action Teams ity or function under the contract; or tion on a case-by-case basis by certifying in in the Trust Territories of the Pacific Islands (B) offering to such workers an employer- writing to the Committees on Appropriations and freely associated states of Micronesia, pur- sponsored health benefits plan that requires the that such an acquisition must be made in order suant to the Compact of Free Association as au- employer to contribute less towards the premium to acquire capability for national security pur- thorized by Public Law 99–239: Provided fur- poses. ther, That upon a determination by the Sec- or subscription share than the amount that is paid by the Department of Defense for health SEC. 8017. None of the funds appropriated by retary of the Army that such action is beneficial this Act available for the Civilian Health and for graduate medical education programs con- benefits for civilian employees under chapter 89 of title 5, United States Code. Medical Program of the Uniformed Services ducted at Army medical facilities located in Ha- (CHAMPUS) or TRICARE shall be available for waii, the Secretary of the Army may authorize (b) EXCEPTIONS.— (1) The Department of Defense, without re- the reimbursement of any health care provider the provision of medical services at such facili- for inpatient mental health service for care re- ties and transportation to such facilities, on a gard to subsection (a) of this section or sub- sections (a), (b), or (c) of section 2461 of title 10, ceived when a patient is referred to a provider nonreimbursable basis, for civilian patients from of inpatient mental health care or residential American Samoa, the Commonwealth of the United States Code, and notwithstanding any administrative regulation, requirement, or policy treatment care by a medical or health care pro- Northern Mariana Islands, the Marshall Is- fessional having an economic interest in the fa- lands, the Federated States of Micronesia, to the contrary shall have full authority to enter into a contract for the performance of any cility to which the patient is referred: Provided, Palau, and Guam. That this limitation does not apply in the case SEC. 8010. (a) During fiscal year 2006, the ci- commercial or industrial type function of the of inpatient mental health services provided vilian personnel of the Department of Defense Department of Defense that— under the program for persons with disabilities may not be managed on the basis of any end- (A) is included on the procurement list estab- under subsection (d) of section 1079 of title 10, strength, and the management of such per- lished pursuant to section 2 of the Javits-Wag- United States Code, provided as partial hospital sonnel during that fiscal year shall not be sub- ner-O’Day Act (41 U.S.C. 47); care, or provided pursuant to a waiver author- ject to any constraint or limitation (known as (B) is planned to be converted to performance ized by the Secretary of Defense because of med- an end-strength) on the number of such per- by a qualified nonprofit agency for the blind or ical or psychological circumstances of the pa- sonnel who may be employed on the last day of by a qualified nonprofit agency for other se- such fiscal year. verely handicapped individuals in accordance tient that are confirmed by a health professional (b) The fiscal year 2007 budget request for the with that Act; or who is not a Federal employee after a review, Department of Defense as well as all justifica- (C) is planned to be converted to performance pursuant to rules prescribed by the Secretary, tion material and other documentation sup- by a qualified firm under at least 51 percent which takes into account the appropriate level porting the fiscal year 2007 Department of De- ownership by an Indian tribe, as defined in sec- of care for the patient, the intensity of services fense budget request shall be prepared and sub- tion 4(e) of the Indian Self-Determination and required by the patient, and the availability of mitted to the Congress as if subsections (a) and Education Assistance Act (25 U.S.C. 450b(e)), or that care. SEC. 8018. Of the funds appropriated or other- (b) of this provision were effective with regard a Native Hawaiian Organization, as defined in wise made available in this Act, a reduction of to fiscal year 2006. section 8(a)(15) of the Small Business Act (15 $591,100,000 is hereby taken from title III, Pro- (c) Nothing in this section shall be construed U.S.C. 637(a)(15)). curement, from the ‘‘Other Procurement, Army’’ to apply to military (civilian) technicians. (2) This section shall not apply to depot con- account: Provided, That within 30 days of en- SEC. 8011. None of the funds appropriated in tracts or contracts for depot maintenance as actment of this Act, the Secretary of the Army this or any other Act may be used to initiate a provided in sections 2469 and 2474 of title 10, shall provide a report to the House Committee new installation overseas without 30-day ad- United States Code. on Appropriations and the Senate Committee on vance notification to the Committees on Appro- (c) TREATMENT OF CONVERSION.—The conver- Appropriations which describes the application priations. sion of any activity or function of the Depart- SEC. 8012. None of the funds made available of these reductions to programs, projects or ac- ment of Defense under the authority provided by this Act shall be used in any way, directly or tivities within this account. by this section shall be credited toward any indirectly, to influence congressional action on SEC. 8019. None of the funds available to the competitive or outsourcing goal, target, or meas- any legislation or appropriation matters pend- Department of Defense may be used to demili- urement that may be established by statute, reg- ing before the Congress. tarize or dispose of M–1 Carbines, M–1 Garand ulation, or policy and is deemed to be awarded SEC. 8013. None of the funds appropriated by rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- under the authority of, and in compliance with, this Act shall be available for the basic pay and fles, or M–1911 pistols. subsection (h) of section 2304 of title 10, United allowances of any member of the Army partici- SEC. 8020. No more than $500,000 of the funds States Code, for the competition or outsourcing pating as a full-time student and receiving bene- appropriated or made available in this Act shall of commercial activities. fits paid by the Secretary of Veterans Affairs be used during a single fiscal year for any single from the Department of Defense Education Ben- (TRANSFER OF FUNDS) relocation of an organization, unit, activity or efits Fund when time spent as a full-time stu- SEC. 8015. Funds appropriated in title III of function of the Department of Defense into or dent is credited toward completion of a service this Act for the Department of Defense Pilot within the National Capital Region: Provided, commitment: Provided, That this subsection Mentor-Protege Program may be transferred to That the Secretary of Defense may waive this shall not apply to those members who have re- any other appropriation contained in this Act restriction on a case-by-case basis by certifying enlisted with this option prior to October 1, 1987: solely for the purpose of implementing a Men- in writing to the congressional defense commit- Provided further, That this subsection applies tor-Protege Program developmental assistance tees that such a relocation is required in the only to active components of the Army. agreement pursuant to section 831 of the Na- best interest of the Government. SEC. 8014. (a) LIMITATION ON CONVERSION TO tional Defense Authorization Act for Fiscal SEC. 8021. In addition to the funds provided CONTRACTOR PERFORMANCE.—None of the funds Year 1991 (Public Law 101–510; 10 U.S.C. 2302 elsewhere in this Act, $8,000,000 is appropriated appropriated by this Act shall be available to note), as amended, under the authority of this only for incentive payments authorized by sec- convert to contractor performance an activity or provision or any other transfer authority con- tion 504 of the Indian Financing Act of 1974 (25 function of the Department of Defense that, on tained in this Act. U.S.C. 1544): Provided, That a prime contractor or after the date of the enactment of this Act, is SEC. 8016. None of the funds in this Act may or a subcontractor at any tier that makes a sub- performed by more than 10 Department of De- be available for the purchase by the Department contract award to any subcontractor or supplier fense civilian employees unless— of Defense (and its departments and agencies) of as defined in section 1544 of title 25, United (1) the conversion is based on the result of a welded shipboard anchor and mooring chain 4 States Code or a small business owned and con- public-private competition that includes a most inches in diameter and under unless the anchor trolled by an individual or individuals defined

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 S11262 CONGRESSIONAL RECORD — SENATE October 7, 2005 under section 4221(9) of title 25, United States Civil Air Patrol for counter-drug activities in Representatives, the Armed Services Committee Code shall be considered a contractor for the support of Federal, State, and local government of the Senate, the Subcommittee on Defense of purposes of being allowed additional compensa- agencies. the Committee on Appropriations of the Senate, tion under section 504 of the Indian Financing SEC. 8028. (a) None of the funds appropriated and the Subcommittee on Defense of the Com- Act of 1974 (25 U.S.C. 1544) whenever the prime in this Act are available to establish a new De- mittee on Appropriations of the House of Rep- contract or subcontract amount is over $500,000 partment of Defense (department) federally resentatives. and involves the expenditure of funds appro- funded research and development center SEC. 8031. During the current fiscal year, the priated by an Act making Appropriations for the (FFRDC), either as a new entity, or as a sepa- Department of Defense may acquire the modi- Department of Defense with respect to any fis- rate entity administrated by an organization fication, depot maintenance and repair of air- cal year: Provided further, That notwith- managing another FFRDC, or as a nonprofit craft, vehicles and vessels as well as the produc- standing section 430 of title 41, United States membership corporation consisting of a consor- tion of components and other Defense-related Code, this section shall be applicable to any De- tium of other FFRDCs and other non-profit en- articles, through competition between Depart- partment of Defense acquisition of supplies or tities. ment of Defense depot maintenance activities services, including any contract and any sub- (b) No member of a Board of Directors, Trust- and private firms: Provided, That the Senior Ac- contract at any tier for acquisition of commer- ees, Overseers, Advisory Group, Special Issues quisition Executive of the military department cial items produced or manufactured, in whole Panel, Visiting Committee, or any similar entity or Defense Agency concerned, with power of or in part by any subcontractor or supplier de- of a defense FFRDC, and no paid consultant to delegation, shall certify that successful bids in- fined in section 1544 of title 25, United States any defense FFRDC, except when acting in a clude comparable estimates of all direct and in- Code or a small business owned and controlled technical advisory capacity, may be com- direct costs for both public and private bids: by an individual or individuals defined under pensated for his or her services as a member of Provided further, That Office of Management section 4221(9) of title 25, United States Code: such entity, or as a paid consultant by more and Budget Circular A–76 shall not apply to Provided further, That, during the current fis- than one FFRDC in a fiscal year: Provided, competitions conducted under this section. SEC. 8032. (a)(1) If the Secretary of Defense, cal year and hereafter, businesses certified as That a member of any such entity referred to after consultation with the United States Trade 8(a) by the Small Business Administration pur- previously in this subsection shall be allowed Representative, determines that a foreign coun- suant to section 8(a)(15) of Public Law 85–536, travel expenses and per diem as authorized try which is party to an agreement described in as amended, shall have the same status as other under the Federal Joint Travel Regulations, paragraph (2) has violated the terms of the program participants under section 602 of Public when engaged in the performance of member- agreement by discriminating against certain Law 100–656, 102 Stat. 3825 (Business Oppor- ship duties. types of products produced in the United States tunity Development Reform Act of 1988) for pur- (c) Notwithstanding any other provision of that are covered by the agreement, the Secretary poses of contracting with agencies of the De- law, none of the funds available to the depart- ment from any source during fiscal year 2006 of Defense shall rescind the Secretary’s blanket partment of Defense. waiver of the Buy American Act with respect to SEC. 8022. None of the funds appropriated by may be used by a defense FFRDC, through a fee such types of products produced in that foreign this Act shall be available to perform any cost or other payment mechanism, for construction of new buildings, for payment of cost sharing country. study pursuant to the provisions of OMB Cir- (2) An agreement referred to in paragraph (1) cular A–76 if the study being performed exceeds for projects funded by Government grants, for absorption of contract overruns, or for certain is any reciprocal defense procurement memo- a period of 24 months after initiation of such randum of understanding, between the United study with respect to a single function activity charitable contributions, not to include em- ployee participation in community service and/ States and a foreign country pursuant to which or 30 months after initiation of such study for a the Secretary of Defense has prospectively or development. multi-function activity. waived the Buy American Act for certain prod- SEC. 8023. Funds appropriated by this Act for (d) Notwithstanding any other provision of law, of the funds available to the department ucts in that country. the American Forces Information Service shall (b) The Secretary of Defense shall submit to during fiscal year 2006, not more than 5,500 staff not be used for any national or international the Congress a report on the amount of Depart- years of technical effort (staff years) may be political or psychological activities. ment of Defense purchases from foreign entities funded for defense FFRDCs: Provided, That of SEC. 8024. Notwithstanding any other provi- in fiscal year 2006. Such report shall separately the specific amount referred to previously in this sion of law or regulation, the Secretary of De- indicate the dollar value of items for which the subsection, not more than 1,050 staff years may fense may adjust wage rates for civilian employ- Buy American Act was waived pursuant to any be funded for the defense studies and analysis ees hired for certain health care occupations as agreement described in subsection (a)(2), the FFRDCs: Provided further, That this subsection authorized for the Secretary of Veterans Affairs Trade Agreement Act of 1979 (19 U.S.C. 2501 et by section 7455 of title 38, United States Code. shall not apply to staff years funded in the Na- seq.), or any international agreement to which SEC. 8025. The Secretary of Defense, acting tional Intelligence Program (NIP). the United States is a party. through the Office of Economic Adjustment of (e) The Secretary of Defense shall, with the (c) For purposes of this section, the term ‘‘Buy the Department of Defense, may use funds made submission of the department’s fiscal year 2007 American Act’’ means title III of the Act entitled available in this Act under the heading ‘‘Oper- budget request, submit a report presenting the ‘‘An Act making appropriations for the Treas- ation and Maintenance, Defense-Wide’’ to make specific amounts of staff years of technical ef- ury and Post Office Departments for the fiscal grants and supplement other Federal funds in fort to be allocated for each defense FFRDC year ending June 30, 1934, and for other pur- accordance with the guidance provided in the during that fiscal year. poses’’, approved March 3, 1933 (41 U.S.C. 10a et report of the Committee on Appropriations of (f) Notwithstanding any other provision of seq.). the Senate accompanying this Act, and the this Act, the total amount appropriated in this SEC. 8033. Appropriations contained in this projects specified in such guidance shall be con- Act for FFRDCs is hereby reduced by Act that remain available at the end of the cur- sidered to be authorized by law. $51,600,000. rent fiscal year, and at the end of each fiscal SEC. 8026. During the current fiscal year, the SEC. 8029. None of the funds appropriated or year hereafter, as a result of energy cost savings Department of Defense is authorized to incur made available in this Act shall be used to pro- realized by the Department of Defense shall re- obligations of not to exceed $350,000,000 for pur- cure carbon, alloy or armor steel plate for use in main available for obligation for the next fiscal poses specified in section 2350j(c) of title 10, any Government-owned facility or property year to the extent, and for the purposes, pro- United States Code, in anticipation of receipt of under the control of the Department of Defense vided in section 2865 of title 10, United States contributions, only from the Government of Ku- which were not melted and rolled in the United Code. wait, under that section: Provided, That upon States or Canada: Provided, That these procure- SEC. 8034. None of the funds in this Act may receipt, such contributions from the Government ment restrictions shall apply to any and all Fed- be used for research, development, test, evalua- of Kuwait shall be credited to the appropria- eral Supply Class 9515, American Society of tion, procurement or deployment of nuclear tions or fund which incurred such obligations. Testing and Materials (ASTM) or American Iron armed interceptors of a missile defense system. (INCLUDING TRANSFER OF FUNDS) and Steel Institute (AISI) specifications of car- SEC. 8035. None of the funds appropriated in SEC. 8027. (a) Of the funds made available in bon, alloy or armor steel plate: Provided further, this Act shall be used to study, demonstrate, or this Act, not less than $31,109,000 shall be avail- That the Secretary of the military department implement any plans privatizing, divesting or able for the Civil Air Patrol Corporation, of responsible for the procurement may waive this transferring of any Civil Works missions, func- which— restriction on a case-by-case basis by certifying tions, or responsibilities for the United States (1) $24,288,000 shall be available from ‘‘Oper- in writing to the Committees on Appropriations Army Corps of Engineers to other government ation and Maintenance, Air Force’’ to support of the House of Representatives and the Senate agencies without specific direction in a subse- Civil Air Patrol Corporation operation and that adequate domestic supplies are not avail- quent Act of Congress. maintenance, readiness, counterdrug activities, able to meet Department of Defense require- SEC. 8036. The President shall include with and drug demand reduction activities involving ments on a timely basis and that such an acqui- each budget for a fiscal year submitted to the youth programs; sition must be made in order to acquire capa- Congress under section 1105 of title 31, and here- (2) $6,000,000 shall be available from ‘‘Aircraft bility for national security purposes: Provided after, United States Code, materials that shall Procurement, Air Force’’; and further, That these restrictions shall not apply identify clearly and separately the amounts re- (3) $821,000 shall be available from ‘‘Other to contracts which are in being as of the date of quested in the budget for appropriation for that Procurement, Air Force’’ for vehicle procure- the enactment of this Act. fiscal year for salaries and expenses related to ment. SEC. 8030. For the purposes of this Act, the administrative activities of the Department of (b) The Secretary of the Air Force should term ‘‘congressional defense committees’’ means Defense, the military departments, and the de- waive reimbursement for any funds used by the the Armed Services Committee of the House of fense agencies.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11263

SEC. 8037. Notwithstanding any other provi- Capital Fund during this or any prior or subse- SEC. 8047. (a) Except as provided in subsection sion of law, funds available during the current quent fiscal year shall remain available until ex- (b) and (c), none of the funds made available by fiscal year and hereafter for ‘‘Drug Interdiction pended: Provided further, That any funds ap- this Act may be used— and Counter-Drug Activities, Defense’’ may be propriated or transferred to the Central Intel- (1) to establish a field operating agency; or obligated for the Young Marines program. ligence Agency for advanced research and de- (2) to pay the basic pay of a member of the (INCLUDING TRANSFER OF FUNDS) velopment acquisition, for agent operations, and Armed Forces or civilian employee of the depart- SEC. 8038. During the current fiscal year, for covert action programs authorized by the ment who is transferred or reassigned from a amounts contained in the Department of De- President under section 503 of the National Se- headquarters activity if the member or employ- fense Overseas Military Facility Investment Re- curity Act of 1947, as amended, shall remain ee’s place of duty remains at the location of that covery Account established by section 2921(c)(1) available until September 30, 2007. headquarters. of the National Defense Authorization Act of SEC. 8043. Notwithstanding any other provi- (b) The Secretary of Defense or Secretary of a 1991 (Public Law 101–510; 10 U.S.C. 2687 note) sion of law, funds made available in this Act for military department may waive the limitations shall be available until expended for the pay- the Defense Intelligence Agency may be used for in subsection (a), on a case-by-case basis, if the ments specified by section 2921(c)(2) of that Act. the design, development, and deployment of Secretary determines, and certifies to the Com- mittees on Appropriations of the House of Rep- SEC. 8039. (a) IN GENERAL.—Notwithstanding General Defense Intelligence Program intel- any other provision of law, the Secretary of the ligence communications and intelligence infor- resentatives and Senate that the granting of the Air Force may convey at no cost to the Air mation systems for the Services, the Unified and waiver will reduce the personnel requirements or Force, without consideration, to Indian tribes Specified Commands, and the component com- the financial requirements of the department. (c) This section does not apply to— located in the States of North Dakota, South mands. (1) field operating agencies funded within the Dakota, Montana, and Minnesota relocatable SEC. 8044. Of the funds appropriated to the National Intelligence Program; or military housing units located at Grand Forks Department of Defense under the heading ‘‘Op- (2) an Army field operating agency established Air Force Base and Minot Air Force Base that eration and Maintenance, Defense-Wide’’, not to eliminate, mitigate, or counter the effects of are excess to the needs of the Air Force. less than $10,000,000 shall be made available improvised explosive devices, and, as determined (b) PROCESSING OF REQUESTS.—The Secretary only for the mitigation of environmental im- by the Secretary of the Army, other similar of the Air Force shall convey, at no cost to the pacts, including training and technical assist- threats. Air Force, military housing units under sub- ance to tribes, related administrative support, the gathering of information, documenting of SEC. 8048. Up to $3,000,000 of the funds appro- section (a) in accordance with the request for priated in Title II of this Act under the heading, such units that are submitted to the Secretary environmental damage, and developing a system for prioritization of mitigation and cost to com- ‘‘Operation and Maintenance, Army’’, may be by the Operation Walking Shield Program on made available to contract with the Army His- behalf of Indian tribes located in the States of plete estimates for mitigation, on Indian lands resulting from Department of Defense activities. torical Foundation, a non profit organization, North Dakota, South Dakota, Montana, and for services required to solicit non-Federal dona- SEC. 8045. (a) None of the funds appropriated Minnesota. tions to support construction and operation of in this Act may be expended by an entity of the (c) RESOLUTION OF HOUSING UNIT CON- the National Museum of the United States Army Department of Defense unless the entity, in ex- FLICTS.—The Operation Walking Shield Pro- at Fort Belvoir, Virginia: Provided, That not- pending the funds, complies with the Buy Amer- gram shall resolve any conflicts among requests withstanding any other provision of law, the ican Act. For purposes of this subsection, the of Indian tribes for housing units under sub- Army is authorized to receive future payments term ‘‘Buy American Act’’ means title III of the section (a) before submitting requests to the Sec- in this or the subsequent fiscal year from any Act entitled ‘‘An Act making appropriations for retary of the Air Force under subsection (b). non-profit organization chartered to support the the Treasury and Post Office Departments for (d) INDIAN TRIBE DEFINED.—In this section, National Museum of the United States Army to the fiscal year ending June 30, 1934, and for the term ‘‘Indian tribe’’ means any recognized reimburse amounts expended by the Army pur- other purposes’’, approved March 3, 1933 (41 Indian tribe included on the current list pub- suant to this section: Provided further, That U.S.C. 10a et seq.). lished by the Secretary of the Interior under sec- any reimbursements received pursuant to this (b) If the Secretary of Defense determines that tion 104 of the Federally Recognized Indian section shall be merged with ‘‘Operation and a person has been convicted of intentionally Tribe Act of 1994 (Public Law 103–454; 108 Stat. Maintenance, Army’’ and shall be made avail- affixing a label bearing a ‘‘Made in America’’ 4792; 25 U.S.C. 479a–1). able for the same purposes and for the same time inscription to any product sold in or shipped to SEC. 8040. During the current fiscal year, ap- period as that appropriation account. propriations which are available to the Depart- the United States that is not made in America, (RESCISSIONS) ment of Defense for operation and maintenance the Secretary shall determine, in accordance SEC. 8049. Of the funds appropriated in De- may be used to purchase items having an invest- with section 2410f of title 10, United States Code, partment of Defense Appropriations Acts, the ment item unit cost of not more than $250,000. whether the person should be debarred from following funds are hereby rescinded from the SEC. 8041. (a) During the current fiscal year, contracting with the Department of Defense. following accounts and programs in the speci- none of the appropriations or funds available to (c) In the case of any equipment or products fied amounts: the Department of Defense Working Capital purchased with appropriations provided under ‘‘Other Procurement, Army, 2005/2007’’, Funds shall be used for the purchase of an in- this Act, it is the sense of the Congress that any $68,500,000; vestment item for the purpose of acquiring a entity of the Department of Defense, in expend- ‘‘Aircraft Procurement, Navy, 2005/2007’’, new inventory item for sale or anticipated sale ing the appropriation, purchase only American- $104,800,000; made equipment and products, provided that during the current fiscal year or a subsequent ‘‘Shipbuilding and Conversion, Navy, 2005/ American-made equipment and products are fiscal year to customers of the Department of 2009’’, $67,300,000; cost-competitive, quality-competitive, and avail- Defense Working Capital Funds if such an item ‘‘Other Procurement, Navy, 2005/2007’’, able in a timely fashion. would not have been chargeable to the Depart- $43,000,000; ment of Defense Business Operations Fund dur- SEC. 8046. None of the funds appropriated by ‘‘Aircraft Procurement, Air Force, 2004/2006’’, ing fiscal year 1994 and if the purchase of such this Act shall be available for a contract for $4,000,000; an investment item would be chargeable during studies, analysis, or consulting services entered ‘‘Aircraft Procurement, Air Force, 2005/2007’’, the current fiscal year to appropriations made into without competition on the basis of an un- $20,000,000; to the Department of Defense for procurement. solicited proposal unless the head of the activity ‘‘Missile Procurement, Air Force, 2005/2007’’, (b) The fiscal year 2007 budget request for the responsible for the procurement determines— $29,000,000; Department of Defense as well as all justifica- (1) as a result of thorough technical evalua- ‘‘Research, Development, Test and Evalua- tion material and other documentation sup- tion, only one source is found fully qualified to tion, Army, 2005/2006’’, $25,900,000; porting the fiscal year 2007 Department of De- perform the proposed work; ‘‘Research, Development, Test and Evalua- fense budget shall be prepared and submitted to (2) the purpose of the contract is to explore an tion, Navy, 2005/2006’’, $70,900,000; and the Congress on the basis that any equipment unsolicited proposal which offers significant sci- ‘‘Research, Development, Test and Evalua- which was classified as an end item and funded entific or technological promise, represents the tion, Air Force, 2005/2006’’, $63,400,000. in a procurement appropriation contained in product of original thinking, and was submitted SEC. 8050. None of the funds available in this this Act shall be budgeted for in a proposed fis- in confidence by one source; or Act may be used to reduce the authorized posi- cal year 2007 procurement appropriation and (3) the purpose of the contract is to take ad- tions for military (civilian) technicians of the not in the supply management business area or vantage of unique and significant industrial ac- Army National Guard, the Air National Guard, any other area or category of the Department of complishment by a specific concern, or to insure Army Reserve and Air Force Reserve for the Defense Working Capital Funds. that a new product or idea of a specific concern purpose of applying any administratively im- SEC. 8042. None of the funds appropriated by is given financial support: Provided, That this posed civilian personnel ceiling, freeze, or reduc- this Act for programs of the Central Intelligence limitation shall not apply to contracts in an tion on military (civilian) technicians, unless Agency shall remain available for obligation be- amount of less than $25,000,000, contracts re- such reductions are a direct result of a reduc- yond the current fiscal year, except for funds lated to improvements of equipment that is in tion in military force structure. appropriated for the Reserve for Contingencies, development or production, or contracts as to SEC. 8051. None of the funds appropriated or which shall remain available until September 30, which a civilian official of the Department of otherwise made available in this Act may be ob- 2007: Provided, That funds appropriated, trans- Defense, who has been confirmed by the Senate, ligated or expended for assistance to the Demo- ferred, or otherwise credited to the Central In- determines that the award of such contract is in cratic People’s Republic of North Korea unless telligence Agency Central Services Working the interest of the national defense. specifically appropriated for that purpose.

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SEC. 8052. During the current fiscal year and and roller bearings other than those produced (1) any international peacekeeping or peace- hereafter, funds appropriated in this Act are by a domestic source and of domestic origin: enforcement operation under the authority of available to compensate members of the National Provided, That the Secretary of the military de- chapter VI or chapter VII of the United Nations Guard for duty performed pursuant to a plan partment responsible for such procurement may Charter under the authority of a United Nations submitted by a Governor of a State and ap- waive this restriction on a case-by-case basis by Security Council resolution; and proved by the Secretary of Defense under sec- certifying in writing to the Committees on Ap- (2) any other international peacekeeping, tion 112 of title 32, United States Code: Pro- propriations of the House of Representatives peace-enforcement, or humanitarian assistance vided, That during the performance of such and the Senate, that adequate domestic supplies operation. duty, the members of the National Guard shall are not available to meet Department of Defense (c) REQUIRED NOTICE.—A notice under sub- be under State command and control: Provided requirements on a timely basis and that such an section (a) shall include the following: further, That such duty shall be treated as full- acquisition must be made in order to acquire ca- (1) A description of the equipment, supplies, time National Guard duty for purposes of sec- pability for national security purposes: Provided or services to be transferred. tions 12602(a)(2) and (b)(2) of title 10, United further, That this restriction shall not apply to (2) A statement of the value of the equipment, States Code. the purchase of ‘‘commercial items’’, as defined supplies, or services to be transferred. SEC. 8053. Funds appropriated in this Act for by section 4(12) of the Office of Federal Procure- (3) In the case of a proposed transfer of equip- operation and maintenance of the Military De- ment Policy Act, except that the restriction shall ment or supplies— partments, Combatant Commands and Defense apply to ball or roller bearings purchased as end (A) a statement of whether the inventory re- Agencies shall be available for reimbursement of items. quirements of all elements of the Armed Forces (including the reserve components) for the type pay, allowances and other expenses which SEC. 8060. Notwithstanding any other provi- would otherwise be incurred against appropria- sion of law, funds available to the Department of equipment or supplies to be transferred have tions for the National Guard and Reserve when of Defense shall be made available to provide been met; and (B) a statement of whether the items proposed members of the National Guard and Reserve transportation of medical supplies and equip- to be transferred will have to be replaced and, provide intelligence or counterintelligence sup- ment, on a nonreimbursable basis, to American if so, how the President proposes to provide port to Combatant Commands, Defense Agencies Samoa, and funds available to the Department funds for such replacement. and Joint Intelligence Activities, including the of Defense shall be made available to provide SEC. 8065. (a) The total amount appropriated activities and programs included within the Na- transportation of medical supplies and equip- or otherwise made available in title II of this tional Intelligence Program (NIP), the Joint ment, on a nonreimbursable basis, to the Indian Act is hereby reduced by $92,000,000 to limit ex- Military Intelligence Program (JMIP), and the Health Service when it is in conjunction with a cessive growth in the travel and transportation Tactical Intelligence and Related Activities civil-military project. of persons. (TIARA) aggregate: Provided, That nothing in SEC. 8061. None of the funds in this Act may (b) The Secretary of Defense shall allocate this section authorizes deviation from estab- be used to purchase any supercomputer which is this reduction proportionately to each budget lished Reserve and National Guard personnel not manufactured in the United States, unless activity, activity group, subactivity group, and and training procedures. the Secretary of Defense certifies to the congres- each program, project, and activity within each SEC. 8054. During the current fiscal year, none sional defense committees that such an acquisi- applicable appropriation account. of the funds appropriated in this Act may be tion must be made in order to acquire capability SEC. 8066. None of the funds available to the used to reduce the civilian medical and medical for national security purposes that is not avail- Department of Defense under this Act shall be support personnel assigned to military treatment able from United States manufacturers. obligated or expended to pay a contractor under facilities below the September 30, 2003 level: Pro- SEC. 8062. Notwithstanding any other provi- a contract with the Department of Defense for vided, That the Service Surgeons General may sion of law, each contract awarded by the De- costs of any amount paid by the contractor to waive this section by certifying to the congres- partment of Defense during the current fiscal an employee when— sional defense committees that the beneficiary year for construction or service performed in (1) such costs are for a bonus or otherwise in population is declining in some catchment areas whole or in part in a State (as defined in section excess of the normal salary paid by the con- and civilian strength reductions may be con- 381(d) of title 10, United States Code) which is tractor to the employee; and sistent with responsible resource stewardship not contiguous with another State and has an (2) such bonus is part of restructuring costs and capitation-based budgeting. unemployment rate in excess of the national av- associated with a business combination. SEC. 8055. Up to $2,000,000 of the funds appro- erage rate of unemployment as determined by SEC. 8067. None of the funds provided in this priated under the heading, ‘‘Operation and the Secretary of Labor, shall include a provision Act may be obligated to realign or relocate Maintenance, Navy’’ may be made available to requiring the contractor to employ, for the pur- forces or operational assets from bases to be con- contract for the installation, repair, and mainte- pose of performing that portion of the contract verted to enclave status until the Secretary of nance of an on-base and adjacent off-base in such State that is not contiguous with an- Defense certifies that he has sought new mis- wastewater/treatment facility and infrastructure other State, individuals who are residents of sions for these bases as mandated by the 2005 critical to base operations and the public health such State and who, in the case of any craft or Defense Base Closure and Realignment Commis- and safety of community residents in the vicin- trade, possess or would be able to acquire sion: Provided, That the Secretary of Defense ity of the NCTAMS. promptly the necessary skills: Provided, That shall report his findings to the congressional de- SEC. 8056. Notwithstanding any other provi- the Secretary of Defense may waive the require- fense committees not later than October 1, 2006. sion of law, that not more than 35 percent of ments of this section, on a case-by-case basis, in (INCLUDING TRANSFER OF FUNDS) funds provided in this Act for environmental re- the interest of national security. SEC. 8068. During the current fiscal year, no mediation may be obligated under indefinite de- SEC. 8063. None of the funds made available in more than $30,000,000 of appropriations made in livery/indefinite quantity contracts with a total this or any other Act may be used to pay the this Act under the heading ‘‘Operation and contract value of $130,000,000 or higher. salary of any officer or employee of the Depart- Maintenance, Defense-Wide’’ may be trans- SEC. 8057. (a) None of the funds available to ment of Defense who approves or implements the ferred to appropriations available for the pay of the Department of Defense for any fiscal year transfer of administrative responsibilities or military personnel, to be merged with, and to be for drug interdiction or counter-drug activities budgetary resources of any program, project, or available for the same time period as the appro- may be transferred to any other department or activity financed by this Act to the jurisdiction priations to which transferred, to be used in agency of the United States except as specifi- of another Federal agency not financed by this support of such personnel in connection with cally provided in an appropriations law. Act without the express authorization of Con- support and services for eligible organizations (b) None of the funds available to the Central gress: Provided, That this limitation shall not and activities outside the Department of Defense Intelligence Agency for any fiscal year for drug apply to transfers of funds expressly provided pursuant to section 2012 of title 10, United interdiction and counter-drug activities may be for in Defense Appropriations Acts, or provi- States Code. transferred to any other department or agency sions of Acts providing supplemental appropria- SEC. 8069. During the current fiscal year, in of the United States except as specifically pro- tions for the Department of Defense. the case of an appropriation account of the De- vided in an appropriations law. SEC. 8064. (a) LIMITATION ON TRANSFER OF partment of Defense for which the period of (TRANSFER OF FUNDS) DEFENSE ARTICLES AND SERVICES.—Notwith- availability for obligation has expired or which SEC. 8058. Appropriations available under the standing any other provision of law, none of the has closed under the provisions of section 1552 heading ‘‘Operation and Maintenance, Defense- funds available to the Department of Defense of title 31, United States Code, and which has a Wide’’ for the current fiscal year and hereafter for the current fiscal year may be obligated or negative unliquidated or unexpended balance, for increasing energy and water efficiency in expended to transfer to another nation or an an obligation or an adjustment of an obligation Federal buildings may, during their period of international organization any defense articles may be charged to any current appropriation availability, be transferred to other appropria- or services (other than intelligence services) for account for the same purpose as the expired or tions or funds of the Department of Defense for use in the activities described in subsection (b) closed account if— projects related to increasing energy and water unless the congressional defense committees, the (1) the obligation would have been properly efficiency, to be merged with and to be available Committee on International Relations of the chargeable (except as to amount) to the expired for the same general purposes, and for the same House of Representatives, and the Committee on or closed account before the end of the period of time period, as the appropriation or fund to Foreign Relations of the Senate are notified 15 availability or closing of that account; which transferred. days in advance of such transfer. (2) the obligation is not otherwise properly SEC. 8059. None of the funds appropriated by (b) COVERED ACTIVITIES.—This section applies chargeable to any current appropriation ac- this Act may be used for the procurement of ball to— count of the Department of Defense; and

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11265 (3) in the case of an expired account, the obli- defense items entered into under section 2531 of in order to acquire capability for national secu- gation is not chargeable to a current appropria- title 10, United States Code, and the country rity purposes or there exists a significant cost or tion of the Department of Defense under the does not discriminate against the same or simi- quality difference. provisions of section 1405(b)(8) of the National lar defense items produced in the United States SEC. 8079. None of the funds appropriated or Defense Authorization Act for Fiscal Year 1991, for that country. otherwise made available by this or other De- Public Law 101–510, as amended (31 U.S.C. 1551 (b) Subsection (a) applies with respect to— partment of Defense Appropriations Acts may be note): Provided, That in the case of an expired (1) contracts and subcontracts entered into on obligated or expended for the purpose of per- account, if subsequent review or investigation or after the date of the enactment of this Act; forming repairs or maintenance to military fam- discloses that there was not in fact a negative and ily housing units of the Department of Defense, unliquidated or unexpended balance in the ac- (2) options for the procurement of items that including areas in such military family housing count, any charge to a current account under are exercised after such date under contracts units that may be used for the purpose of con- the authority of this section shall be reversed that are entered into before such date if the op- ducting official Department of Defense business. and recorded against the expired account: Pro- tion prices are adjusted for any reason other SEC. 8080. Notwithstanding any other provi- vided further, That the total amount charged to than the application of a waiver granted under sion of law, funds appropriated in this Act a current appropriation under this section may subsection (a). under the heading ‘‘Research, Development, not exceed an amount equal to 1 percent of the (c) Subsection (a) does not apply to a limita- Test and Evaluation, Defense-Wide’’ for any total appropriation for that account. tion regarding construction of public vessels, new start advanced concept technology dem- SEC. 8070. Notwithstanding section 12310(b) of ball and roller bearings, food, and clothing or onstration project may only be obligated 30 days title 10, United States Code, a Reserve who is a textile materials as defined by section 11 (chap- after a report, including a description of the member of the National Guard serving on full- ters 50–65) of the Harmonized Tariff Schedule project, the planned acquisition and transition time National Guard duty under section 502(f) and products classified under headings 4010, strategy and its estimated annual and total cost, of Title 32 may perform duties in support of the 4202, 4203, 6401 through 6406, 6505, 7019, 7218 has been provided in writing to the congres- ground-based elements of the National Ballistic through 7229, 7304.41 through 7304.49, 7306.40, sional defense committees: Provided, That the Missile Defense System. 7502 through 7508, 8105, 8108, 8109, 8211, 8215, Secretary of Defense may waive this restriction SEC. 8071. (a) Notwithstanding any other pro- and 9404. on a case-by-case basis by certifying to the con- vision of law, the Chief of the National Guard SEC. 8076. (a) PROHIBITION.—None of the gressional defense committees that it is in the Bureau may permit the use of equipment of the funds made available by this Act may be used to national interest to do so. National Guard Distance Learning Project by support any training program involving a unit SEC. 8081. The Secretary of Defense shall pro- any person or entity on a space-available, reim- of the security forces of a foreign country if the vide a classified quarterly report, beginning 30 bursable basis. The Chief of the National Guard Secretary of Defense has received credible infor- days after enactment of this Act, to the House Bureau shall establish the amount of reimburse- mation from the Department of State that the and Senate Appropriations Committees, Sub- ment for such use on a case-by-case basis. unit has committed a gross violation of human committees on Defense on certain matters as di- (b) Amounts collected under subsection (a) rights, unless all necessary corrective steps have rected in the classified annex accompanying this shall be credited to funds available for the Na- been taken. Act. SEC. 8082. During the current fiscal year, re- tional Guard Distance Learning Project and be (b) MONITORING.—The Secretary of Defense, funds attributable to the use of the Government available to defray the costs associated with the in consultation with the Secretary of State, travel card, refunds attributable to the use of use of equipment of the project under that sub- shall ensure that prior to a decision to conduct the Government Purchase Card and refunds at- section. Such funds shall be available for such any training program referred to in subsection tributable to official Government travel ar- purposes without fiscal year limitation. (a), full consideration is given to all credible in- ranged by Government Contracted Travel Man- SEC. 8072. Using funds available by this Act or formation available to the Department of State any other Act, the Secretary of the Air Force, relating to human rights violations by foreign agement Centers may be credited to operation pursuant to a determination under section 2690 security forces. and maintenance, and research, development, test and evaluation accounts of the Department of title 10, United States Code, may implement (c) WAIVER.—The Secretary of Defense, after cost-effective agreements for required heating consultation with the Secretary of State, may of Defense which are current when the refunds are received. facility modernization in the Kaiserslautern waive the prohibition in subsection (a) if he de- SEC. 8083. (a) REGISTERING FINANCIAL MAN- Military Community in the Federal Republic of termines that such waiver is required by ex- AGEMENT INFORMATION TECHNOLOGY SYSTEMS Germany: Provided, That in the City of traordinary circumstances. WITH DOD CHIEF INFORMATION OFFICER.—None (d) REPORT.—Not more than 15 days after the Kaiserslautern such agreements will include the of the funds appropriated in this Act may be exercise of any waiver under subsection (c), the use of United States anthracite as the base load used for a mission critical or mission essential fi- Secretary of Defense shall submit a report to the energy for municipal district heat to the United nancial management information technology congressional defense committees describing the States Defense installations: Provided further, system (including a system funded by the de- extraordinary circumstances, the purpose and That at Landstuhl Army Regional Medical Cen- fense working capital fund) that is not reg- duration of the training program, the United ter and Ramstein Air Base, furnished heat may istered with the Chief Information Officer of the States forces and the foreign security forces in- be obtained from private, regional or municipal Department of Defense. A system shall be con- services, if provisions are included for the con- volved in the training program, and the infor- sidered to be registered with that officer upon sideration of United States coal as an energy mation relating to human rights violations that the furnishing to that officer of notice of the source. necessitates the waiver. system, together with such information con- SEC. 8077. (a) The Secretary of Defense, in co- SEC. 8073. None of the funds appropriated in cerning the system as the Secretary of Defense ordination with the Secretary of Health and title IV of this Act may be used to procure end- may prescribe. A financial management infor- Human Services, may carry out a program to items for delivery to military forces for oper- mation technology system shall be considered a ational training, operational use or inventory distribute surplus dental and medical equipment mission critical or mission essential information requirements: Provided, That this restriction of the Department of Defense, at no cost to the technology system as defined by the Under Sec- does not apply to end-items used in develop- Department of Defense, to Indian Health Serv- retary of Defense (Comptroller). ment, prototyping, and test activities preceding ice facilities and to federally-qualified health (b) CERTIFICATIONS AS TO COMPLIANCE WITH and leading to acceptance for operational use: centers (within the meaning of section FINANCIAL MANAGEMENT MODERNIZATION Provided further, That this restriction does not 1905(l)(2)(B) of the Social Security Act (42 PLAN.— apply to programs funded within the National U.S.C. 1396d(l)(2)(B))). (1) During the current fiscal year, a financial Intelligence Program: Provided further, That (b) In carrying out this provision, the Sec- management automated information system, a the Secretary of Defense may waive this restric- retary of Defense shall give the Indian Health mixed information system supporting financial tion on a case-by-case basis by certifying in Service a property disposal priority equal to the and non-financial systems, or a system improve- writing to the Committees on Appropriations of priority given to the Department of Defense and ment of more than $1,000,000 may not receive the House of Representatives and the Senate its twelve special screening programs in distribu- Milestone A approval, Milestone B approval, or that it is in the national security interest to do tion of surplus dental and medical supplies and full rate production, or their equivalent, within so. equipment. the Department of Defense until the Under Sec- SEC. 8074. None of the funds made available in SEC. 8078. None of the funds appropriated or retary of Defense (Comptroller) certifies, with this Act may be used to approve or license the made available in this Act to the Department of respect to that milestone, that the system is sale of the F–22 advanced tactical fighter to any the Navy shall be used to develop, lease or pro- being developed and managed in accordance foreign government. cure the T–AKE class of ships unless the main with the Department’s Financial Management SEC. 8075. (a) The Secretary of Defense may, propulsion diesel engines and propulsors are Modernization Plan. The Under Secretary of on a case-by-case basis, waive with respect to a manufactured in the United States by a domesti- Defense (Comptroller) may require additional foreign country each limitation on the procure- cally operated entity: Provided, That the Sec- certifications, as appropriate, with respect to ment of defense items from foreign sources pro- retary of Defense may waive this restriction on any such system. vided in law if the Secretary determines that the a case-by-case basis by certifying in writing to (2) The Chief Information Officer shall pro- application of the limitation with respect to that the Committees on Appropriations of the House vide the congressional defense committees timely country would invalidate cooperative programs of Representatives and the Senate that adequate notification of certifications under paragraph entered into between the Department of Defense domestic supplies are not available to meet De- (1). and the foreign country, or would invalidate re- partment of Defense requirements on a timely (c) CERTIFICATIONS AS TO COMPLIANCE WITH ciprocal trade agreements for the procurement of basis and that such an acquisition must be made CLINGER-COHEN ACT.—

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(1) During the current fiscal year, a major non-profit organization as may be approved by SEC. 8093. The total amount appropriated or automated information system may not receive the Chief of the National Guard Bureau, or his otherwise made available in this Act is hereby Milestone A approval, Milestone B approval, or designee, on a case-by-case basis. reduced by $100,000,000 to limit excessive growth full rate production approval, or their equiva- SEC. 8087. None of the funds appropriated by in the procurement of advisory and assistance lent, within the Department of Defense until the this Act shall be used for the support of any services, to be distributed as follows: Chief Information Officer certifies, with respect nonappropriated funds activity of the Depart- ‘‘Operation and Maintenance, Army’’, to that milestone, that the system is being devel- ment of Defense that procures malt beverages $37,000,000; oped in accordance with the Clinger-Cohen Act and wine with nonappropriated funds for resale ‘‘Operation and Maintenance, Air Force’’, of 1996 (40 U.S.C. 1401 et seq.). The Chief Infor- (including such alcoholic beverages sold by the $6,000,000; mation Officer may require additional certifi- drink) on a military installation located in the ‘‘Operation and Maintenance, Defense- cations, as appropriate, with respect to any United States unless such malt beverages and Wide’’, $45,000,000; and such system. wine are procured within that State, or in the ‘‘Operation and Maintenance, Army Re- (2) The Chief Information Officer shall pro- case of the District of Columbia, within the Dis- serve’’, $12,000,000. vide the congressional defense committees timely trict of Columbia, in which the military installa- (INCLUDING TRANSFER OF FUNDS) notification of certifications under paragraph tion is located: Provided, That in a case in SEC. 8094. Of the amounts appropriated in this (1). Each such notification shall include, at a which the military installation is located in Act under the heading ‘‘Research, Development, minimum, the funding baseline and milestone more than one State, purchases may be made in Test and Evaluation, Defense-Wide’’, schedule for each system covered by such a cer- any State in which the installation is located: $143,600,000 shall be made available for the tification and confirmation that the following Provided further, That such local procurement Arrow missile defense program: Provided, That steps have been taken with respect to the sys- requirements for malt beverages and wine shall of this amount, $70,000,000 shall be available for tem: apply to all alcoholic beverages only for military the purpose of producing Arrow missile compo- (A) Business process reengineering. installations in States which are not contiguous nents in the United States and Arrow missile (B) An analysis of alternatives. with another State: Provided further, That alco- components and missiles in Israel to meet (C) An economic analysis that includes a cal- holic beverages other than wine and malt bev- Israel’s defense requirements, consistent with culation of the return on investment. erages, in contiguous States and the District of each nation’s laws, regulations and procedures, (D) Performance measures. Columbia shall be procured from the most com- and $10,000,000 shall be available for the pur- (E) An information assurance strategy con- petitive source, price and other factors consid- pose of the initiation of a joint feasibility study sistent with the Department’s Global Informa- ered. and risk reduction activities designated the tion Grid. SEC. 8088. Up to $2,500,000 of the funds appro- Short Range Ballistic Missile Defense (SRBMD) (d) DEFINITIONS.—For purposes of this sec- priated under the heading ‘‘Operation and initiative: Provided further, That funds made tion: Maintenance, Navy’’ in this Act for the Pacific (1) The term ‘‘Chief Information Officer’’ available under this provision for production of Missile Range Facility may be made available to missiles and missile components may be trans- means the senior official of the Department of contract for the repair, maintenance, and oper- Defense designated by the Secretary of Defense ferred to appropriations available for the pro- ation of adjacent off-base water, drainage, and curement of weapons and equipment, to be pursuant to section 3506 of title 44, United flood control systems, electrical upgrade to sup- States Code. merged with and to be available for the same port additional missions critical to base oper- time period and the same purposes as the appro- (2) The term ‘‘information technology system’’ ations, and support for a range footprint expan- has the meaning given the term ‘‘information priation to which transferred: Provided further, sion to further guard against encroachment. That the transfer authority provided under this technology’’ in section 5002 of the Clinger- SEC. 8089. Funds available to the Department provision is in addition to any other transfer Cohen Act of 1996 (40 U.S.C. 1401). of Defense for the Global Positioning System authority contained in this Act. SEC. 8084. During the current fiscal year, none during the current fiscal year may be used to of the funds available to the Department of De- fund civil requirements associated with the sat- (INCLUDING TRANSFER OF FUNDS) fense may be used to provide support to another ellite and ground control segments of such sys- SEC. 8095. Of the amounts appropriated in this department or agency of the United States if tem’s modernization program. Act under the heading ‘‘Shipbuilding and Con- such department or agency is more than 90 days (INCLUDING TRANSFER OF FUNDS) version, Navy’’, $517,523,000 shall be available in arrears in making payment to the Depart- SEC. 8090. Of the amounts appropriated in this until September 30, 2006, to fund prior year ship- ment of Defense for goods or services previously Act under the heading, ‘‘Operation and Mainte- building cost increases: Provided, That upon en- provided to such department or agency on a re- nance, Army’’, $147,900,000 shall remain avail- actment of this Act, the Secretary of the Navy imbursable basis: Provided, That this restriction able until expended: Provided, That notwith- shall transfer such funds to the following ap- shall not apply if the department is authorized standing any other provision of law, the Sec- propriations in the amounts specified: Provided by law to provide support to such department or retary of Defense is authorized to transfer such further, That the amounts transferred shall be agency on a nonreimbursable basis, and is pro- funds to other activities of the Federal Govern- merged with and be available for the same pur- viding the requested support pursuant to such ment: Provided further, That the Secretary of poses as the appropriations to which trans- authority: Provided further, That the Secretary Defense is authorized to enter into and carry ferred: of Defense may waive this restriction on a case- out contracts for the acquisition of real prop- To: by-case basis by certifying in writing to the erty, construction, personal services, and oper- Under the heading, ‘‘Shipbuilding and Con- Committees on Appropriations of the House of ations related to projects described in further version, Navy, 1998/2006’’: Representatives and the Senate that it is in the detail in the Classified Annex accompanying the New SSN, $28,000,000. national security interest to do so. Department of Defense Appropriations Act, Under the heading, ‘‘Shipbuilding and Con- EC. 8085. None of the funds provided in this S 2006, consistent with the terms and conditions version, Navy, 1999/2006’’: Act may be used to transfer to any nongovern- set forth therein: Provided further, That con- LPD–17 Amphibious Transport Dock Ship mental entity ammunition held by the Depart- tracts entered into under the authority of this Program, $95,000,000; ment of Defense that has a center-fire cartridge section may provide for such indemnification as New SSN, $72,000,000. and a United States military nomenclature des- the Secretary determines to be necessary: Pro- Under the heading, ‘‘Shipbuilding and Con- ignation of ‘‘armor penetrator’’, ‘‘armor piercing vided further, That projects authorized by this version, Navy, 2000/2006’’: (AP)’’, ‘‘armor piercing incendiary (API)’’, or LPD–17 Amphibious Transport Dock Ship section shall comply with applicable Federal, ‘‘armor-piercing incendiary-tracer (API–T)’’, ex- Program, $94,800,000. State, and local law to the maximum extent con- cept to an entity performing demilitarization Under the heading, ‘‘Shipbuilding and Con- sistent with the national security, as determined services for the Department of Defense under a version, Navy, 2001/2006’’: by the Secretary of Defense. contract that requires the entity to demonstrate SEC. 8091. Section 8106 of the Department of Carrier Replacement Program, $145,023,000; to the satisfaction of the Department of Defense Defense Appropriations Act, 1997 (titles I New SSN, $82,700,000. that armor piercing projectiles are either: (1) through VIII of the matter under subsection SEC. 8096. The Secretary of the Navy may set- rendered incapable of reuse by the demilitariza- 101(b) of Public Law 104–208; 110 Stat. 3009–111; tle, or compromise, and pay any and all admi- tion process; or (2) used to manufacture ammu- 10 U.S.C. 113 note) shall continue in effect to ralty claims under section 7622 of title 10, United nition pursuant to a contract with the Depart- apply to disbursements that are made by the De- States Code arising out of the collision involving ment of Defense or the manufacture of ammuni- partment of Defense in fiscal year 2006. the U.S.S. GREENEVILLE and the EHIME tion for export pursuant to a License for Perma- SEC. 8092. Amounts appropriated in title II of MARU, in any amount and without regard to nent Export of Unclassified Military Articles this Act are hereby reduced by $265,890,000 to re- the monetary limitations in subsections (a) and issued by the Department of State. flect savings attributable to efficiencies and (b) of that section: Provided, That such pay- SEC. 8086. Notwithstanding any other provi- management improvements in the funding of ments shall be made from funds available to the sion of law, the Chief of the National Guard miscellaneous or other contracts in the military Department of the Navy for operation and Bureau, or his designee, may waive payment of departments, as follows: maintenance. all or part of the consideration that otherwise (1) From ‘‘Operation and Maintenance, SEC. 8097. None of the funds available to the would be required under section 2667 of title 10, Army’’, $36,890,000. Department of Defense may be obligated to mod- United States Code, in the case of a lease of per- (2) From ‘‘Operation and Maintenance, ify command and control relationships to give sonal property for a period not in excess of 1 Navy’’, $79,000,000. Fleet Forces Command administrative and oper- year to any organization specified in 32 U.S.C. (3) From ‘‘Operation and Maintenance, Air ational control of U.S. Navy forces assigned to 508(d), or any other youth, social, or fraternal Force’’, $150,000,000. the Pacific fleet: Provided, That the command

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11267 and control relationships which existed on Octo- make future budgetary and programming plans components, and for each appropriations ac- ber 1, 2004, shall remain in force unless changes to fully finance the Non-Line of Sight Future count: Provided further, That these documents are specifically authorized in a subsequent Act. Force cannon and resupply vehicle program shall include estimated costs for each element of SEC. 8098. Notwithstanding any other provi- (NLOS–C) in order to field this system in fiscal expense or object class, a reconciliation of in- sion of law or regulation, the Secretary of De- year 2010, consistent with the broader plan to creases and decreases for each contingency op- fense may exercise the provisions of section field the Future Combat System (FCS) in fiscal eration, and programmatic data including, but 7403(g) of title 38, United States Code for occu- year 2010: Provided, That if the Army is pre- not limited to, troop strength for each Active pations listed in section 7403(a)(2) of title 38, cluded from fielding the FCS program by fiscal and Reserve component, and estimates of the United States Code as well as the following: year 2010, then the Army shall develop the major weapons systems deployed in support of Pharmacists, Audiologists, and Dental Hy- NLOS–C independent of the broader FCS devel- each contingency: Provided further, That these gienists. opment timeline to achieve fielding by fiscal documents shall include budget exhibits OP–5 (A) The requirements of section 7403(g)(1)(A) year 2010. In addition the Army will deliver and OP–32 (as defined in the Department of De- of title 38, United States Code shall apply. eight (8) combat operational pre-production fense Financial Management Regulation) for all (B) The limitations of section 7403(g)(1)(B) of NLOS–C systems by the end of calendar year contingency operations for the budget year and title 38, United States Code shall not apply. 2008. These systems shall be in addition to those the two preceding fiscal years. SEC. 8099. Funds appropriated by this Act, or systems necessary for developmental and oper- SEC. 8109. Of the amounts provided in title II made available by the transfer of funds in this ational testing: Provided further, That the Army of this Act under the heading, ‘‘Operation and Act, for intelligence activities are deemed to be shall ensure that budgetary and programmatic Maintenance, Defense-Wide’’, $20,000,000 is specifically authorized by the Congress for pur- plans will provide for no fewer than seven (7) available for the Regional Defense Counter-ter- poses of section 504 of the National Security Act Stryker Brigade Combat Teams. rorism Fellowship Program, to fund the edu- of 1947 (50 U.S.C. 414) during fiscal year 2006 SEC. 8104. Of the funds made available in this cation and training of foreign military officers, until the enactment of the Intelligence Author- Act, not less than $76,100,000 shall be available ministry of defense civilians, and other foreign ization Act for fiscal year 2006. to maintain an attrition reserve force of 18 B–52 security officials, to include United States mili- SEC. 8100. In addition to funds made available aircraft, of which $3,900,000 shall be available tary officers and civilian officials whose partici- elsewhere in this Act, $5,500,000 is hereby appro- from ‘‘Military Personnel, Air Force’’, pation directly contributes to the education and priated and shall remain available until ex- $44,300,000 shall be available from ‘‘Operation training of these foreign students. pended to provide assistance, by grant or other- and Maintenance, Air Force’’, and $27,900,000 SEC. 8110. None of the funds appropriated or wise (such as, but not limited to, the provision shall be available from ‘‘Aircraft Procurement, made available in this Act shall be used to re- of funds for repairs, maintenance, construction, Air Force’’: Provided, That the Secretary of the duce or disestablish the operation of the 53rd and/or for the purchase of information tech- Air Force shall maintain a total force of 94 B– Weather Reconnaissance Squadron of the Air nology, text books, teaching resources), to public 52 aircraft, including 18 attrition reserve air- Force Reserve, if such action would reduce the schools that have unusually high concentra- craft, during fiscal year 2006: Provided further, WC–130 Weather Reconnaissance mission below tions of special needs military dependents en- That the Secretary of Defense shall include in the levels funded in this Act: Provided, That the rolled: Provided, That in selecting school sys- the Air Force budget request for fiscal year 2007 Air Force shall allow the 53rd Weather Recon- tems to receive such assistance, special consider- amounts sufficient to maintain a B–52 force to- naissance Squadron to perform other missions in ation shall be given to school systems in States taling 94 aircraft. support of national defense requirements during that are considered overseas assignments, and SEC. 8105. The Secretary of the Air Force is the non-hurricane season. all schools within these school systems shall be authorized, using funds available under the SEC. 8111. None of the funds provided in this eligible for assistance: Provided further, That heading ‘‘Operation and Maintenance, Air Act shall be available for integration of foreign up to 2 percent of the total appropriated funds Force’’, to complete a phased repair project, intelligence information unless the information under this section shall be available to support which repairs may include upgrades and addi- has been lawfully collected and processed dur- the administration and execution of the funds tions, to the infrastructure of the operational ing the conduct of authorized foreign intel- or program and/or events that promote the pur- ranges managed by the Air Force in Alaska: ligence activities: Provided, That information pose of this appropriation (e.g. payment of trav- Provided, That the total cost of such phased pertaining to United States persons shall only el and per diem of school teachers attending projects shall not exceed $32,000,000. be handled in accordance with protections pro- conferences or a meeting that promotes the pur- SEC. 8106. In addition to the amounts appro- vided in the Fourth Amendment of the United pose of this appropriation and/or consultant fees priated or otherwise made available elsewhere in States Constitution as implemented through Ex- for on-site training of teachers, staff, or Joint this Act, $12,850,000 is hereby appropriated to ecutive Order No. 12333. Venture Education Forum (JVEF) Committee the Department of Defense, to remain available SEC. 8112. For purposes of section 612 of title members): Provided further, That up to until September 30, 2006: Provided, That the Sec- 41, United States Code, any subdivision of ap- $2,000,000 shall be available for the Department retary of Defense shall make grants in the propriations made under the heading ‘‘Ship- of Defense to establish a non-profit trust fund to amounts specified as follows: $850,000 to the building and Conversion, Navy’’ that is not assist in the public-private funding of public Fort Des Moines Memorial Park and Education closed at the time reimbursement is made shall school repair and maintenance projects, or pro- Center; $2,000,000 to the American Civil War be available to reimburse the Judgment Fund vide directly to non-profit organizations who in Center at Historic Tredegar; $3,000,000 to the and shall be considered for the same purposes as return will use these monies to provide assist- Museum of Flight, American Heroes Collection; any subdivision under the heading ‘‘Ship- ance in the form of repair, maintenance, or ren- $1,000,000 to the National Guard Youth Founda- building and Conversion, Navy’’ appropriations ovation to public school systems that have high tion; $3,000,000 to the United Services Organiza- in the current fiscal year or any prior fiscal concentrations of special needs military depend- tion; $2,000,000 to the Dwight D. Eisenhower year. ents and are located in States that are consid- Memorial Commission; and $1,000,000 to the Iraq (TRANSFER OF FUNDS) ered overseas assignments: Provided further, Cultural Heritage Assistance Project. SEC. 8113. Upon enactment of this Act, the That to the extent a Federal agency provides (TRANSFER OF FUNDS) Secretary of Defense shall make the following this assistance, by contract, grant, or otherwise, transfer of funds: Provided, That funds so it may accept and expend non-Federal funds in SEC. 8107. The Secretary of Defense may transfer funds from any currently available De- transferred shall be merged with and shall be combination with these Federal funds to provide available for the same purpose and for the same assistance for the authorized purpose, if the partment of the Navy appropriation to any available Navy shipbuilding and conversion ap- time period as the appropriation to which trans- non-Federal entity requests such assistance and ferred: Provided further, That the amounts shall the non-Federal funds are provided on a reim- propriation for the purpose of funding ship- building cost increases for any ship construction be transferred between the following appropria- bursable basis. tions in the amounts specified: SEC. 8101. None of the funds in this Act may program, to be merged with and to be available for the same purposes and for the same time pe- From: be used to initiate a new start program without Under the heading, ‘‘Shipbuilding and Con- riod as the appropriation to which transferred: prior written notification to the Office of Sec- version, Navy, 2003/2007’’: retary of Defense and the congressional defense Provided, That all transfers under this section For outfitting, post delivery, conversions, and committees. shall be subject to the notification requirements first destination transportation, $3,300,000; SEC. 8102. The amounts appropriated in title applicable to transfers under section 8005 of this Under the heading, ‘‘Shipbuilding and Con- II of this Act are hereby reduced by $350,000,000 Act. version, Navy, 2004/2008’’: to reflect cash balance and rate stabilization ad- SEC. 8108. The budget of the President for fis- For outfitting, post delivery, conversions, and justments in Department of Defense Working cal year 2007 submitted to the Congress pursu- first destination transportation, $6,100,000; Capital Funds, as follows: ant to section 1105 of title 31, United States Code To: (1) From ‘‘Operation and Maintenance, shall include separate budget justification docu- Under the heading, ‘‘Shipbuilding and Con- Army’’, $100,000,000. ments for costs of United States Armed Forces’ version, Navy, 2003/2007’’: (2) From ‘‘Operation and Maintenance, participation in contingency operations for the SSGN, $3,300,000. Navy’’, $150,000,000. Military Personnel accounts, the Operation and Under the heading, ‘‘Shipbuilding and Con- (3) From ‘‘Operation and Maintenance, Air Maintenance accounts, and the Procurement version, Navy, 2004/2008’’: Force’’, $100,000,000. accounts: Provided, That these documents shall SSGN, $6,100,000. SEC. 8103. FINANCING AND FIELDING OF KEY include a description of the funding requested SEC. 8114. None of the funds in this Act may ARMY CAPABILITIES.—The Department of De- for each contingency operation, for each mili- be obligated for a classified program as de- fense and the Department of the Army shall tary service, to include all Active and Reserve scribed on page 18 of the compartmented annex

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to Volume IV of the Fiscal Year 2006 National ‘‘(1) the amount of basic pay which would SEC. 8118. Notwithstanding Section 101 of H.J. Intelligence Program justification book unless otherwise have been payable to such employee Res. 68, the Community Services Block Grant specifically authorized in the Intelligence Au- for such pay period if such employee’s civilian program shall be funded at the same rate of op- thorization Act for Fiscal Year 2006. employment with the Government had not been eration as in Division F of Public Law 108–447, SEC. 8115. (a) The Director of the Office of interrupted by that service, exceeds (if at all) through November 18, 2005. Management and Budget shall, in coordination ‘‘(2) the amount of pay and allowances which SEC. 8119. APPLICATIONS FOR IMPACT AID PAY- with the Secretary of Defense and the Secretary (as determined under subsection (d))— MENT.—Notwithstanding paragraphs (2) and (3) of Homeland Security, conduct a study on im- ‘‘(A) is payable to such employee for that of section 8005(d) of the Elementary and Sec- proving the response of the Federal Government service; and ondary Education Act of 1965 (20 U.S.C. to disasters. ‘‘(B) is allocable to such pay period. 7705(d)(2) and (3)), the Secretary of Education (b) The study under subsection (a) shall— ‘‘(b)(1) Amounts under this section shall be shall treat as timely filed, and shall process for (1) consider mechanisms for coordinating and payable with respect to each pay period (which payment, an application under section 8002 or expediting disaster response efforts; would otherwise apply if the employee’s civilian section 8003 of such Act (20 U.S.C. 7702, 7703) for (2) examine the role of the Department of De- employment had not been interrupted)— fiscal year 2005 from a local educational agen- fense in participating in disaster response ef- ‘‘(A) during which such employee is entitled cy— forts, including by providing planning, logistics, to reemployment rights under chapter 43 of title (1) that, for each of the fiscal years 2000 and relief and reconstruction assistance; 38 with respect to the position from which such through 2004, submitted an application by the (3) consider the establishment of criteria for employee is absent (as referred to in subsection date specified by the Secretary of Education automatically triggering the participation of the (a)); and under section 8005(c) of such Act for the fiscal Department of Defense in disaster response ef- ‘‘(B) for which such employee does not other- year; (2) for which a reduction of more than forts; and wise receive basic pay (including by taking any $1,000,000 was made under section 8005(d)(2) of (4) assess the role of the United States Geo- annual, military, or other paid leave) to which such Act by the Secretary of Education as a re- logical Survey in enhancing disaster prepara- such employee is entitled by virtue of such em- sult of the agency’s failure to file a timely appli- tion measures. ployee’s civilian employment with the Govern- cation under section 8002 or 8003 of such Act for (c) Not later than May 1, 2006, the Director of ment. fiscal year 2005; and the Office of Management and Budget shall ‘‘(2) For purposes of this section, the period (3) that submits an application for fiscal year submit to Congress a report on the study con- during which an employee is entitled to reem- 2005 during the period beginning on February 2, ducted under subsection (a), including— ployment rights under chapter 43 of title 38— 2004, and ending on the date of enactment of (1) recommendations for improving the re- ‘‘(A) shall be determined disregarding the pro- this Act. sponse of the Federal Government to disasters, visions of section 4312(d) of title 38; and SEC. 8120. Of the amount appropriated by title including by providing for greater participation ‘‘(B) shall include any period of time specified III under the heading ‘‘OTHER PROCUREMENT, by the Department of Defense in response ef- in section 4312(e) of title 38 within which an em- NAVY’’, up to $3,000,000 may be made available forts; and ployee may report or apply for employment or for the Joint Aviation Technical Data Integra- (2) proposals for any legislation or regulations reemployment following completion of service on tion Program. that the Director determines necessary to imple- active duty to which called or ordered as de- SEC. 8121. (a) RENAMING OF DEATH GRATUITY ment such recommendations. scribed in subsection (a). PAYABLE FOR DEATHS OF MEMBERS OF THE SEC. 8116. (a) From the money in the Treasury ‘‘(c) Any amount payable under this section ARMED FORCES.—Subchapter II of chapter 75 of not otherwise obligated or appropriated, there to an employee shall be paid— title 10, United States Code, is amended as fol- are appropriated to the Centers for Disease Con- ‘‘(1) by such employee’s employing agency; lows: trol and Prevention $3,913,000,000 for activities ‘‘(2) from the appropriation or fund which (1) In section 1475(a), by striking ‘‘have a relating to the avian flu epidemic during the fis- would be used to pay the employee if such em- death gratuity paid’’ and inserting ‘‘have fallen cal year ending September 30, 2006, which shall ployee were in a pay status; and hero compensation paid’’. be available until expended. ‘‘(3) to the extent practicable, at the same time (2) In section 1476(a)— (b) Of the amount appropriated under sub- and in the same manner as would basic pay if (A) in paragraph (1), by striking ‘‘a death section (a)— such employee’s civilian employment had not gratuity’’ and inserting ‘‘fallen hero compensa- (1) $3,080,000,000 shall be for the stockpiling of been interrupted. tion’’; and (B) in paragraph (2), by striking ‘‘A death antivirals and necessary medical supplies; ‘‘(d) The Office of Personnel Management gratuity’’ and inserting ‘‘Fallen hero compensa- (2) $33,000,000 shall be for global surveillance shall, in consultation with Secretary of Defense, relating to avian flu; tion’’. prescribe any regulations necessary to carry out (3) In section 1477(a), by striking ‘‘A death (3) $125,000,000 shall be to increase the na- the preceding provisions of this section. tional investment in domestic vaccine infra- gratuity’’ and inserting ‘‘Fallen hero compensa- ‘‘(e)(1) The head of each agency referred to in tion’’. structure including development and research; section 2302(a)(2)(C)(ii) shall, in consultation (4) In section 1478(a), by striking ‘‘The death (4) $600,000,000 shall be for additional grants with the Office, prescribe procedures to ensure gratuity’’ and inserting ‘‘The amount of fallen to state and local public health agencies for that the rights under this section apply to the hero compensation’’. emergency preparedness, to increase funding for employees of such agency. (5) In section 1479(1), by striking ‘‘the death emergency preparedness centers, and to expand ‘‘(2) The Administrator of the Federal Avia- gratuity’’ and inserting ‘‘fallen hero compensa- hospital surge capacity; tion Administration shall, in consultation with tion’’. (5) $75,000,000 shall be for risk communication the Office, prescribe procedures to ensure that (6) In section 1489— and outreach to providers, businesses, and to the rights under this section apply to the em- (A) in subsection (a), by striking ‘‘a gratuity’’ the American public; ployees of that agency. in the matter preceding paragraph (1) and in- (c) The amount appropriated under subsection ‘‘(f) For purposes of this section— serting ‘‘fallen hero compensation’’; and (a)— ‘‘(1) the terms ‘employee’, ‘Federal Govern- (B) in subsection (b)(2), by inserting ‘‘or other (1) is designated as an emergency requirement ment’, and ‘uniformed services’ have the same assistance’’ after ‘‘lesser death gratuity’’. pursuant to section 402 of H. Con. Res. 95 (109th respective meanings as given them in section (b) CLERICAL AMENDMENTS.— Congress); and 4303 of title 38; (1) Such subchapter is further amended by (2) shall remain available until expended. ‘‘(2) the term ‘employing agency’, as used with striking ‘‘Death gratuity:’’ each place it ap- (d) This section shall take effect on the date respect to an employee entitled to any payments pears in the heading of sections 1475 through 1480 and 1489 and inserting ‘‘ of enactment of this Act. under this section, means the agency or other Fallen hero com- ’’. SEC. 8117. Nonreduction in pay while Federal entity of the Government (including an agency pensation: (2) The table of sections at the beginning of employee is performing active service in the uni- referred to in section 2302(a)(2)(C)(ii)) with re- such subchapter is amended by striking ‘‘Death formed services or National Guard. (a) SHORT spect to which such employee has reemployment gratuity:’’ in the items relating to sections 1474 TITLE.—This section may be cited as the ‘‘Re- rights under chapter 43 of title 38; and through 1480 and 1489 and inserting ‘‘Fallen servists Pay Security Act of 2005’’. ‘‘(3) the term ‘basic pay’ includes any amount (b) IN GENERAL.—Subchapter IV of chapter 55 hero compensation:’’. payable under section 5304.’’. (c) GENERAL REFERENCES.—Any reference to a of title 5, United States Code, is amended by (c) CLERICAL AMENDMENT.—The table of sec- adding at the end the following: death gratuity payable under subchapter II of tions for chapter 55 of title 5, United States chapter 75 of title 10, United States Code, in any ‘‘§ 5538. Nonreduction in pay while serving in Code, is amended by inserting after the item re- law, regulation, document, paper, or other the uniformed services or National Guard lating to section 5537 the following: record of the United States shall be deemed to be ‘‘(a) An employee who is absent from a posi- ‘‘5538. Nonreduction in pay while serving in the a reference to fallen hero compensation payable tion of employment with the Federal Govern- uniformed services or National under such subchapter, as amended by this sec- ment in order to perform active duty in the uni- Guard.’’. tion. formed services pursuant to a call or order to ac- (d) EFFECTIVE DATE.—The amendments made SEC. 8122. Of the amount appropriated by title tive duty under a provision of law referred to in by this section shall apply with respect to pay IV under the heading ‘‘RESEARCH, DEVELOP- section 101(a)(13)(B) of title 10 shall be entitled, periods (as described in section 5538(b) of title 5, MENT, TEST, AND EVALUATION, AIR FORCE’’, up while serving on active duty, to receive, for each United States Code, as amended by this section) to $3,000,000 may be used for research and devel- pay period described in subsection (b), an beginning on or after the date of enactment of opment on the reliability of field programmable amount equal to the amount by which— this Act. gate arrays for space applications.

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SEC. 8123. Of the amount appropriated by title (b) SENSE OF SENATE.—It is the sense of the ment for high mobility multi-purpose wheeled IV under the heading ‘‘RESEARCH, DEVELOP- Senate that— vehicles), and items provided through the Rapid MENT, TEST, AND EVALUATION, ARMY’’, up to (1) any request for funds for a fiscal year Fielding Initiative of the Army, or equivalent $1,000,000 may be used for Chemical Biological after fiscal year 2006 for an ongoing military op- programs of the other Armed Forces, such as the Defense Material Test and Evaluation Initia- eration overseas, including operations in Af- advanced (on-the-move) hydration system, the tive. ghanistan and Iraq, should be included in the advanced combat helmet, the close combat optics SEC. 8124. Of the amount appropriated by title annual budget of the President for such fiscal system, a Global Positioning System (GPS) re- IV under the heading ‘‘RESEARCH, DEVELOP- year as submitted to Congress under section ceiver, a gun scope and a soldier intercommuni- MENT, TEST AND EVALUATION, ARMY’’, up to 1105(a) of title 31, United States Code; cation device. $1,000,000 may be made available for an environ- (2) the amendment to the budget of the Presi- (d) LIMITATION REGARDING AMOUNT OF REIM- mental management and compliance informa- dent for fiscal year 2006, requested by the Sen- BURSEMENT.—The amount of reimbursement pro- tion system. ate to be submitted to Congress not later than vided under subsection (a) per item of protec- SEC. 8125. Of the amount appropriated by title September 1, 2005, by section 1024(b) of Emer- tive, safety, and health equipment purchased by IV under the heading ‘‘RESEARCH, DEVELOP- gency Supplemental Appropriations Act for De- or on behalf of any given member of the Armed MENT, TEST AND EVALUATION, ARMY’’, up to fense, the Global War on Terror, and Tsunami Forces may not exceed the lesser of— $2,000,000 may be made available for medical ad- Relief, 2005, is necessary to describe the antici- (1) the cost of such equipment (including ship- vanced technology for applied emergency hypo- pated use of the $50,000,000,000 bridge fund ap- ping cost); or thermia for advanced combat casualty life sup- propriated in this Act and set forth all addi- (2) $1,100. port. tional appropriations that will be required for (e) OWNERSHIP OF EQUIPMENT.—The Secretary SEC. 8126. (a) FINDINGS.—The Senate makes the fiscal year; and shall identify the circumstances, if any, under the following findings: (3) any funds provided for a fiscal year for which the United States shall assume title or (1) The Department of Defense Appropriations ongoing military operations overseas should be ownership of protective, safety, or health equip- Act, 2004 (Public Law 108–87), the Department provided in appropriations Acts for such fiscal ment for which reimbursement is provided under of Defense Appropriations Act, 2005 (Public Law year through appropriations to specific accounts subsection (a). 108–287), and the Emergency Supplemental Ap- set forth in such appropriations Acts. (f) FUNDING.— propriations Act for Defense, the Global War on SEC. 8127. (a) REIMBURSEMENT FOR CERTAIN (1) IN GENERAL.—Except as provided in para- Terror, and Tsunami Relief, 2005 (Public Law PROTECTIVE, SAFETY, OR HEALTH EQUIPMENT graph (2), amounts for reimbursements under 109–13) each contain a sense of the Senate provi- PURCHASED BY OR FOR MEMBERS OF THE ARMED subsection (a) shall be derived from any sion urging the President to provide in the an- FORCES FOR DEPLOYMENT IN OPERATIONS IN amounts authorized to be appropriated by this nual budget requests of the President for a fiscal IRAQ AND CENTRAL ASIA.— Act. year under section 1105(a) of title 31, United (1) IN GENERAL.—Subject to subsections (d) (2) EXCEPTION.—Amounts authorized to be ap- States Code, an estimate of the cost of ongoing and (e), the Secretary of Defense shall reimburse propriated by this Act and available for the pro- military operations in Iraq and Afghanistan in a member of the Armed Forces, or a person or curement of equipment for members of the such fiscal year. entity referred to in paragraph (2), for the cost Armed Forces deployed, or to be deployed, to (2) The budget for fiscal year 2006 submitted (including shipping cost) of any protective, safe- Iraq or Afghanistan may not be utilized for re- to Congress by the President on February 7, ty, or health equipment that was purchased by imbursements under subsection (a). 2005, requests no funds for fiscal year 2006 for such member, or such person or entity on behalf (g) REPEAL OF SUPERSEDED AUTHORITY.—Sec- ongoing military operations in Iraq or Afghani- of such member, before or during the deploy- tion 351 of the Ronald W. Reagan National De- stan. ment of such member in Operation Noble Eagle, fense Authorization Act for Fiscal Year 2005 (3) According to the Congressional Research Operation Enduring Freedom, or Operation (Public Law 108–375; 118. Stat. 1857) is repealed. Service, there exists historical precedent for in- Iraqi Freedom for the use of such member in SEC. 8128. ENSURING TRANSPARENCY IN FED- cluding the cost of ongoing military operations connection with such operation if the unit com- ERAL CONTRACTING.—(a) PUBLICATION OF IN- in the annual budget requests of the President mander of such member certifies that such FORMATION ON FEDERAL CONTRACTOR MIS- following initial funding for such operations by equipment was critical to the protection, safety, CONDUCT.—The Secretary of Defense shall main- emergency or supplemental appropriations Acts, or health of such member. tain a publicly-available website that provides including— (2) COVERED PERSONS AND ENTITIES.—A person information on instances of improper conduct by (A) funds for Operation Noble Eagle, begin- or entity referred to in this paragraph is a fam- contractors entering into or carrying out Fed- ning in the budget request of President George ily member or relative of a member of the Armed eral contracts, including instances in which W. Bush for fiscal year 2005; Forces, a non-profit organization, or a commu- contractors have been fined, paid penalties or (B) funds for operations in Kosovo, beginning nity group. restitution, settled, plead guilty to, or had judg- in the budget request of President George W. (3) REGULATIONS NOT REQUIRED FOR REIM- ments entered against them in connection with Bush for fiscal year 2001; BURSEMENT.—Reimbursements may be made allegations of improper conduct. (C) funds for operations in Bosnia, beginning under this subsection in advance of the promul- (b) REPORTS ON FEDERAL NO-BID CONTRACTS in budget request of President Clinton for fiscal gation by the Secretary of Defense of regula- RELATED TO IRAQ RECONSTRUCTION.— year 1997; tions, if any, relating to the administration of (1) REPORTS REQUIRED.—Not later than 7 days (D) funds for operations in Southwest Asia, this section. after entering into a no-bid contract to procure beginning in the budget request of President (b) PROTECTIVE EQUIPMENT REIMBURSEMENT property or services in connection with Iraq re- Clinton for fiscal year 1997; FUND.— construction, the head of an executive agency (E) funds for operations in Vietnam, begin- (1) ESTABLISHMENT.—There is hereby estab- shall submit to the Secretary of Defense a report ning in the budget request of President Johnson lished an account to be known as the ‘‘Protec- on the contract. for fiscal year 1966; and tive Equipment Reimbursement Fund’’ (in this (2) CONTENT.—Each report submitted under (F) funds for World War II, beginning in the subsection referred to as the ‘‘Fund’’). paragraph (1) shall include the following infor- budget request of President Roosevelt for fiscal (2) ELEMENTS.—The Fund shall consist of mation: year 1943. amounts deposited in the Fund from amounts (A) The date the contract was awarded. (4) In section 1024(b) of Emergency Supple- available for the Fund under subsection (f). (B) The contract number. mental Appropriations Act for Defense, the (3) AVAILABILITY.—Amounts in the Fund shall (C) The name of the contractor. Global War on Terror, and Tsunami Relief, 2005 be available directly to the unit commanders of (D) The amounts awarded and obligated (119 Stat. 252), the Senate requested that the members of the Armed Forces for the making of under the contract. President submit to Congress, not later than reimbursements for protective, safety, and (E) The scope of work under the contract. September 1, 2005, an amendment to the budget health equipment under subsection (a). (3) PUBLICATION.—The Secretary of Defense of the President for fiscal year 2006 setting forth (4) DOCUMENTATION.—Each person seeking re- shall maintain a publicly-available website that detailed cost estimates for ongoing military oper- imbursement under subsection (a) for protective, lists the information provided in reports sub- ations overseas during such fiscal year. safety, or health equipment purchased by or on mitted under paragraph (1). (5) The President has yet to submit such an behalf of a member of the Armed Forces shall (4) EXECUTIVE AGENCY DEFINED.—In this sub- amendment. submit to the unit commander of such member section, the term ‘‘executive agency’’ has the (6) The Department of Defense Appropriations such documentation as is necessary to establish meaning given such term in section 4 of the Of- Act, 2006, as reported to the Senate by the Com- each of the following: fice of Federal Procurement Policy Act (41 mittee on Appropriations of the Senate on Sep- (A) The nature of such equipment, including U.S.C. 403). tember 28, 2005, contains a bridge fund of whether or not such equipment qualifies as pro- SEC. 8129. (a) PROHIBITION ON TRANSFER OF $50,000,000,000 for overseas contingency oper- tective, safety, or health equipment under sub- AUTHORITY ON TACTICAL UNMANNED AERIAL VE- ations, but the determination of that amount section (c). HICLES.—None of the funds appropriated by this could not take into account any Administration (B) The cost of such equipment. Act may be used to transfer research and devel- estimate on the projected cost of such operations (c) COVERED PROTECTIVE, SAFETY, AND opment, acquisition, or other program authority in fiscal year 2006. HEALTH EQUIPMENT.—Protective, safety, and relating to current tactical unmanned aerial ve- (7) In February 2005, the Congressional Budg- health equipment for which reimbursement shall hicles (TUAVs) from the Army. et Office estimated that fiscal year 2006 cost of be made under subsection (a) shall include per- (b) EXTENDED RANGE MULTI-PURPOSE UN- ongoing military operations in Iraq and Afghan- sonal body armor, collective armor or protective MANNED AERIAL VEHICLES.—The Army shall re- istan could total $85,000,000,000. equipment (including armor or protective equip- tain responsibility for and operational control of

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the Extended Range Multi-Purpose (ERMP) Un- (c) CONTRACT AUTHORITY.—In establishing SEC. 8145. Of the amount appropriated by title manned Aerial Vehicle (UAV) in order to sup- the civilian linguist reserve corps, the Secretary IV under the heading ‘‘RESEARCH, DEVELOP- port the Secretary of Defense in matters relating may enter into contracts with appropriate agen- MENT, TEST, AND EVALUATION, NAVY, up to to the employment of unmanned aerial vehicles. cies or entities. $2,000,000 may be used for Program Element SEC. 8130. Of the amount appropriated in title (d) FEASIBILITY STUDY.—During the course of #0603235N for the Shipboard Automated Recon- III under the heading ‘‘OTHER PROCUREMENT, the pilot program established under this section, struction Capability. NAVY’’, up to $2,000,000 may be made available the Secretary shall conduct a study of the best SEC. 8146. (a) BLAST INJURY PREVENTION, for the Surface Sonar Dome Window Program. practices to be utilized in establishing the civil- MITIGATION, AND TREATMENT INITIATIVE OF THE SEC. 8131. Of the amount appropriated by title ian linguist reserve corps, including practices ARMY.—Of the amount appropriated by title IV IV under the heading ‘‘RESEARCH, DEVELOP- regarding— under the heading ‘‘RESEARCH, DEVELOPMENT, MENT, TEST, AND EVALUATION, ARMY’’, up to (1) administrative structure; TEST, AND EVALUATION, ARMY’’, up to $1,000,000 $700,000 may be used for Medical Counter- (2) languages that will be available; may be available for Program Element #63002A measures to Nerve Agents. (3) the number of language specialists needed for far forward use of recombinant activated SEC. 8132. Of the amount appropriated by title for each language; factor VII. IV under the heading ‘‘RESEARCH, DEVELOP- (4) the Federal agencies that may need lan- SEC. 8147. Beginning with the fiscal year 2006 MENT, TEST, AND EVALUATION, DEFENSE-WIDE’’, guage services; program year, the Secretary of the Air Force is up to $5,000,000 may be used for High Perform- (5) compensation and other operating costs; strongly encouraged to exercise the option on ance Defense Manufacturing Technology Re- (6) certification standards and procedures; the existing multiyear procurement contract for search and Development. (7) security clearances; C–17 aircraft in order to enter into a multiyear SEC. 8133. Of the amount appropriated by title (8) skill maintenance and training; and contract for the procurement of 42 additional C– II under the heading ‘‘OPERATION AND MAINTE- (9) the use of private contractors to supply 17 aircraft. NANCE, ARMY’’, up to $600,000 may be made language specialists. SEC. 8148. DEPARTMENT OF DEFENSE TASK available for removal of unexploded ordnance at (e) REPORTS.— FORCE ON MENTAL HEALTH.—(a) REQUIREMENT Camp Wheeler, Georgia. (1) EVALUATION REPORTS.— TO ESTABLISH.—The Secretary of Defense shall SEC. 8134. Of the amount appropriated by title (A) IN GENERAL.—Not later than 1 year after establish within the Department of Defense a IV under the heading ‘‘RESEARCH, DEVELOP- the date of enactment of this Act, and annually task force to examine matters relating to mental MENT, TEST, AND EVALUATION, ARMY’’, up to thereafter for the next 2 years, the Secretary $4,000,000 may be used for the development of health and the Armed Forces. shall submit to Congress an evaluation report on (b) COMPOSITION.— light-weight rigid-rod polyphenylene ammuni- the pilot project conducted under this section. (1) MEMBERS.—The task force shall consist of tion. (B) CONTENTS.—Each report under subpara- not more than 14 members appointed by the Sec- SEC. 8135. Of the amounts appropriated by graph (A) shall contain information on the op- retary of Defense from among individuals de- title VII under the heading ‘‘INTELLIGENCE eration of the pilot project, the success of the scribed in paragraph (2) who have demonstrated COMMUNITY MANAGEMENT ACCOUNT’’, up to pilot project in carrying out the objectives of the $2,000,000 may be used for the Pat Roberts Intel- expertise in the area of mental health. establishment of a civilian linguist reserve corps, (2) RANGE OF MEMBERS.—The individuals ap- ligence Scholars Program. and recommendations for the continuation or SEC. 8136. Of the amount appropriated by title pointed to the task force shall include— expansion of the pilot project. (A) at least one member of each of the Army, IV under the heading ‘‘RESEARCH, DEVELOP- (2) FINAL REPORT.—Not later than 6 months Navy, Air Force, and Marine Corps; and MENT, TEST, AND EVALUATION, ARMY’’, up to after the completion of the pilot project, the Sec- (B) a number of persons from outside the De- $1,000,000 may be used for Combat Vehicle and retary shall submit to Congress a final report Automotive Technology (PE#0602601A) for the partment of Defense equal to the total number summarizing the lessons learned, best practices, of personnel from within the Department of De- Multipurpose Utility Vehicle. and recommendations for full implementation of SEC. 8137. Of the amount appropriated by this fense (whether members of the Armed Forces or a civilian linguist reserve corps. title under the heading ‘‘RESEARCH, DEVELOP- civilian personnel) who are appointed to the (f) FUNDING.—Of the amount appropriated MENT, TEST AND EVALUATION, NAVY’’, up to task force. under the heading ‘‘Operation and Mainte- $3,000,000 may be available for land attack tech- (3) INDIVIDUALS APPOINTED WITHIN DEPART- nance, Defense-Wide’’ in title II, up to nology for the Millennium Gun System. MENT OF DEFENSE.—At least one of the individ- $1,500,000 may be available to carry out the pilot SEC. 8138. Of the amount appropriated by title uals appointed to the task force from within the program under this section. IV under the heading ‘‘RESEARCH, DEVELOP- Department of Defense shall be the surgeon gen- SEC. 8140. (a) FUNDING FOR PARTICIPATION OF MENT, TEST, AND EVALUATION, ARMY’’, up to eral of an Armed Force or a designee of such VET CENTERS IN TRANSITION ASSISTANCE PRO- $2,000,000 may be used for Moldable Armor. surgeon general. GRAMS SEC. 8139. PILOT PROJECT FOR CIVILIAN LIN- .—Of the amounts appropriated or other- (4) INDIVIDUALS APPOINTED OUTSIDE DEPART- GUIST RESERVE CORPS.—(a) IN GENERAL.—The wise made available by this Act, up to $5,000,000 MENT OF DEFENSE.—(A) Individuals appointed Secretary of Defense, acting through the Chair- may be used for the participation of Vet centers to the task force from outside the Department of man of the National Security Education Board, in the transition assistance programs of the De- Defense may include officers or employees of shall, during the 3-year period beginning on the partment of Defense for members of the Armed other departments or agencies of the Federal date of enactment of this Act, carry out a pilot Forces. Government, officers or employees of State and program to establish a civilian linguist reserve (b) VET CENTERS DEFINED.—In this section, governments, or individuals from the private corps, comprised of United States citizens with the term ‘‘Vet centers’’ means centers for the sector. advanced levels of proficiency in foreign lan- provision of readjustment counseling and re- (B) The individuals appointed to the task guages, who would be available, upon request lated mental health services under section 1712A force from outside the Department of Defense from the President, to perform translation and of title 38, United States Code. shall include— other services or duties with respect foreign lan- SEC. 8141. Of the amount appropriated by title (i) an officer or employee of the Department of guages for the Federal Government. IV under the heading ‘‘RESEARCH, DEVELOP- Veterans Affairs appointed by the Secretary of (b) IMPLEMENTATION.—In establishing the Ci- MENT, TEST AND EVALUATION, AIR FORCE’’, up Defense in consultation with the Secretary of vilian Linguist Reserve Corps, the Secretary, to $2,500,000 may be available for advanced Veterans Affairs; after reviewing the findings and recommenda- technology for IRCM component improvement. (ii) an officer or employee of the Substance tions contained in the report required under sec- SEC. 8142. Of the amount appropriated by title Abuse and Mental Health Services Administra- tion 325 of the Intelligence Authorization Act IV under the heading ‘‘RESEARCH, DEVELOP- tion of the Department of Health and Human for Fiscal Year 2003 (Public Law 107–306; 116 MENT, TEST AND EVALUATION, ARMY’’ and avail- Services appointed by the Secretary of Defense Stat. 2393), shall— able for demonstration and validation, up to in consultation with the Secretary of Health (1) identify several foreign languages in which $5,000,000 may be available for the Plasma En- and Human Services; and proficiency by United States citizens is critical ergy Pyrolysis System (PEPS), Operational Gas- (iii) at least two individuals who are rep- for the national security interests of the United ification unit. resentatives of— States and the relative importance of such pro- SEC. 8143. Of the amount appropriated by this (I) a mental health policy and advocacy orga- ficiency in each such language; Act under the heading ‘‘RESEARCH, DEVELOP- nization; and (2) identify United States citizens with ad- MENT, TEST AND EVALUATION, DEFENSE-WIDE’’, (II) a national veterans service organization. vanced levels of proficiency in each foreign lan- up to $5,000,000 may be available for the rapid (5) DEADLINE FOR APPOINTMENT.—All appoint- guage identified under paragraph (1) who mobilization of the New England Manufac- ments of individuals to the task force shall be would be available to perform the services and turing Supply Chain Initiative to meet Depart- made not later than 120 days after the date of duties referred to in subsection (a); ment of Defense supply shortages and surge de- the enactment of this Act. (3) cooperate with other Federal agencies with mands for parts and equipment. (6) CO-CHAIRS OF TASK FORCE.—There shall be national security responsibilities to implement a SEC. 8144. Of the amount appropriated by title two co-chairs of the task force. One of the co- procedure for securing the performance of the IV under the heading ‘‘RESEARCH, DEVELOP- chairs shall be designated by the Secretary of services and duties referred to in subsection (a) MENT, TEST AND EVALUATION, NAVY’’, up to the Defense at the time of appointment from by the citizens identified under paragraph (2); $1,000,000 may be made available for Marine among the Department of Defense personnel ap- and Corps assault vehicles for development of carbon pointed to the task force. The other co-chair (4) invite individuals identified under para- fabric-based friction materials to optimize the shall be selected from among the members ap- graph (2) to participate in the civilian linguist cross-drive transmission brake system of the Ex- pointed from outside the Department of Defense reserve corps. peditionary Fighting Vehicle. by members so appointed.

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(c) LONG-TERM PLAN ON MENTAL HEALTH shall, in coordination with the Secretaries of the resentatives or Senate report accompanying SERVICES.— military departments, ensure appropriate access H.R. 2863 shall also be included in the con- (1) IN GENERAL.—Not later than 12 months by the task force to military installations and ference report or joint statement accompanying after the date on which all members of the task facilities for purposes of the discharge of the du- H.R. 2863 in order to be considered as having force have been appointed, the task force shall ties of the task force. been approved by both Houses of Congress. submit to the Secretary a long-term plan (re- (e) REPORT.— SEC. 8152. (a) Not later than 180 days after the ferred to as a strategic plan) on means by which (1) IN GENERAL.—The task force shall submit date of the enactment of this Act, the Secretary the Department of Defense shall improve the ef- to the Secretary of Defense a report on its ac- of Defense shall submit to the congressional de- ficacy of mental health services provided to tivities under this section. The report shall in- fense committees a report on the use of ground members of Armed Forces by the Department of clude— source heat pumps at Department of Defense fa- Defense. (A) a description of the activities of the task cilities. (2) UTILIZATION OF OTHER EFFORTS.—In pre- force; (b) The report required under subsection (a) paring the report, the task force shall take into (B) the plan required by subsection (c); and shall include— consideration completed and ongoing efforts by (C) such other mattes relating to the activities (1) a description of the types of Department of the Department of Defense to improve the effi- of the task force that the task force considers Defense facilities that use ground source heat cacy of mental health care provided to members appropriate. pumps; (2) TRANSMITTAL TO CONGRESS.—Not later of the Armed Forces by the Department. (2) an assessment of the applicability and (3) ELEMENTS.—The long-term plan shall in- than 90 days after receipt of the report under cost-effectiveness of the use of ground source clude an assessment of and recommendations paragraph (1), the Secretary shall transmit the heat pumps at Department of Defense facilities (including recommendations for legislative or report to the Committees on Armed Services and in different geographic regions of the United administrative action) for measures to improve Veterans’ Affairs of the Senate and the House of States; and the following: Representatives. The Secretary may include in (3) a description of the relative applicability of (A) The awareness of the prevalence of mental the transmittal such comments on the report as ground source heat pumps for purposes of new health conditions among members of the Armed the Secretary considers appropriate. construction at, and retrofitting of, Department (f) TERMINATION.—The task force shall termi- Forces. of Defense facilities. nate 90 days after the date on which the report (B) The efficacy of existing programs to pre- SEC. 8153. (a) Of the amount appropriated by of the task force is submitted to Congress under vent, identify, and treat mental health condi- title IV under the heading ‘‘RESEARCH, DEVEL- subsection (e)(2). tions among members of the Armed Forces, in- OPMENT, TEST AND EVALUATION, NAVY’’ up to SEC. 8149. (a) ARMY PROGRAMS.—Of the cluding programs for and with respect to for- $1,500,000 may be available for research within amount appropriated by title IV under the ward-deployed troops. the High-Brightness Electron Source program. heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND (C) The reduction or elimination of barriers to SEC. 8154. UNIFORM STANDARDS FOR THE IN- EVALUATION, ARMY’’, up to an additional care, including the stigma associated with seek- TERROGATION OF PERSONS UNDER THE DETEN- $10,000,000 may be used for Program Element ing help for mental health related conditions, TION OF THE DEPARTMENT OF DEFENSE.—(a) IN 0601103A for University Research Initiatives. and the enhancement of confidentiality for GENERAL.—No person in the custody or under (b) NAVY PROGRAMS.—Of the amount appro- members of the Armed Forces seeking care for the effective control of the Department of De- priated by title IV under the heading ‘‘RE- such conditions. fense or under detention in a Department of De- SEARCH, DEVELOPMENT, TEST, AND EVALUATION, (D) The adequacy of outreach, education, and fense facility shall be subject to any treatment NAVY’’, up to an additional $5,000,000 may be support programs on mental health matters for or technique of interrogation not authorized by used for Program Element 0601103N for Univer- families of members of the Armed Forces. and listed in the United States Army Field Man- (E) The efficacy of programs and mechanisms sity Research Initiatives. (c) AIR FORCE PROGRAMS.—Of the amount ap- ual on Intelligence Interrogation. for ensuring a seamless transition from care of (b) APPLICABILITY.—Subsection (a) shall not propriated by title IV under the heading ‘‘RE- members of the Armed Forces on active duty for apply to with respect to any person in the cus- SEARCH, DEVELOPMENT, TEST, AND EVALUATION, mental health conditions through the Depart- tody or under the effective control of the De- ment of Defense to care for such conditions AIR FORCE’’, up to an additional $10,000,000 may be used for Program Element 0601103F for partment of Defense pursuant to a criminal law through the Department of Veterans Affairs or immigration law of the United States. after such members are discharged or released University Research Initiatives. (d) DEFENSE-WIDE ACTIVITIES.—Of the (c) CONSTRUCTION.—Nothing in this section from military, naval, or air service. shall be construed to affect the rights under the (F) The availability of long-term follow-up amount appropriated by title IV under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND United States Constitution of any person in the and access to care for mental health conditions custody or under the physical jurisdiction of the for members of the Individual Ready Reserve, EVALUATION, DEFENSE-WIDE’’— (A) up to an additional $10,000,000 may be United States. and the Selective Reserve and for discharged, SEC. 8155. PROHIBITION ON CRUEL, INHUMAN, separated, or retired members of the Armed used for Program Element 0601120D8Z for the SMART National Defense Education Program; OR DEGRADING TREATMENT OR PUNISHMENT OF Forces. PERSONS UNDER CUSTODY OR CONTROL OF THE (G) Collaboration among organizations in the and UNITED STATES GOVERNMENT.—(a) IN GEN- Department of Defense with responsibility for or (B) up to an additional $5,000,000 may be used ERAL.—No individual in the custody or under jurisdiction over the provision of mental health for Program Element 0601101E for the Defense the physical control of the United States Gov- services. Advanced Research Projects Agency University ernment, regardless of nationality or physical (H) Coordination between the Department of Research Program in Cybersecurity. location, shall be subject to cruel, inhuman, or Defense and civilian communities, including (e) SENSE OF SENATE.—It is the sense of the degrading treatment or punishment. local support organizations, with respect to Senate that it should be a goal of the Depart- (b) CONSTRUCTION.—Nothing in this section mental health services. ment of Defense to allocate to basic research (I) The scope and efficacy of curricula and programs each fiscal year an amount equal to 15 shall be construed to impose any geographical training on mental health matters for com- percent of the funds available to the Depart- limitation on the applicability of the prohibition manders in the Armed Forces. ment of Defense for science and technology in against cruel, inhuman, or degrading treatment (J) Such other matters as the task force con- such fiscal year. or punishment under this section. siders appropriate. SEC. 8150. REPORT ON REVIEW AND IMPLEMEN- (c) LIMITATION ON SUPERSEDURE.—The provi- (d) ADMINISTRATIVE MATTERS.— TATION OF COMPTROLLER GENERAL REC- sions of this section shall not be superseded, ex- (1) COMPENSATION.—Each member of the task OMMENDATIONS ON TRANSITION ASSISTANCE FOR cept by a provision of law enacted after the date force who is a member of the Armed Forces or a MEMBERS OF THE NATIONAL GUARD AND RE- of the enactment of this Act which specifically civilian officer or employee of the United States SERVES.—(a) REPORT.—Not later than 30 days repeals, modifies, or supersedes the provisions of shall serve without compensation (other than after the date of the enactment of this Act, the this section. compensation to which entitled as a member of Secretary of Defense shall submit to the congres- (d) CRUEL, INHUMAN, OR DEGRADING TREAT- the Armed Forces or an officer or employee of sional defense committees a report on the status MENT OR PUNISHMENT DEFINED.—In this section, the United States, as the case may be). Other of the review of, and actions taken to imple- the term ‘‘cruel, inhuman, or degrading treat- members of the task force shall be treated for ment, the recommendations of the Comptroller ment or punishment’’ means the cruel, unusual, purposes of section 3161 of title 5, United States General of the United States in the report of the and inhumane treatment or punishment prohib- Code, as having been appointed under sub- Comptroller General entitled ‘‘Military and Vet- ited by the Fifth, Eighth, and Fourteenth section (b) of such section. erans Benefits: Enhanced Services Could Im- Amendments to the Constitution of the United (2) OVERSIGHT.—The Under Secretary of De- prove Transition Assistance for Reserves and States, as defined in the United States Reserva- fense for Personnel and Readiness shall oversee National Guard’’ (GAO 05–544). tions, Declarations and Understandings to the the activities of the task force. (b) PARTICULAR INFORMATION.—If the Sec- United Nations Convention Against Torture and (3) ADMINISTRATIVE SUPPORT.—The Wash- retary has determined in the course of the re- Other Forms of Cruel, Inhuman or Degrading ington Headquarters Services of the Department view described in subsection (a) not to imple- Treatment or Punishment done at New York, of Defense shall provide the task force with per- ment any recommendation of the Comptroller December 10, 1984. sonnel, facilities, and other administrative sup- General described in that subsection, the report SEC. 8156. None of the funds appropriated or port as necessary for the performance of the du- under that subsection shall include a justifica- otherwise made available in this Act may be ob- ties of the task force. tion of such determination. ligated or expended during fiscal year 2006 for (4) ACCESS TO FACILITIES.—The Under Sec- SEC. 8151. Any limitation, directive, or ear- paying salaries and expenses or other costs asso- retary of Defense for Personnel and Readiness marking contained in either the House of Rep- ciated with reimbursing or otherwise financially

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 S11272 CONGRESSIONAL RECORD — SENATE October 7, 2005 compensating the Government of Uzbekistan for cations capabilities for the Gulf States and key (3) The inclusion in the annual budget of the services rendered to the United States at Karshi- entities within the Northern Command Area of President for each fiscal year of the costs of an Khanabad airbase in Uzbekistan. Responsibility (AOR). increase in such end strengths will permit the SEC. 8157. SENSE OF THE SENATE REGARDING (b) IMPLEMENTATION OF LONG-RANGE WIRE- Army and Marine Corps to plan for and accom- DEPOT MAINTENANCE.—(a) FINDINGS.—The Sen- LESS CAPABILITIES.—Of the amount appro- modate the additional troops contemplated by ate finds that— priated or otherwise made available by title III such increased end strengths without reducing (1) the Depot Maintenance Strategy and Mas- under the heading ‘‘OTHER PROCUREMENT, AIR other important programs. ter Plan of the Air Force reflects the essential FORCE’’, up to $20,000,000 may be used by the (b) SENSE OF SENATE.—It is the sense of the requirements for the Air Force to maintain a United States Northern Command for the pur- Senate that the additional amounts to be re- ready and controlled source of organic technical poses of implementing IMT–2000 3G Standards quired for increases in the personnel end competence, thereby ensuring an effective and Based Communications Information Extension strengths for active duty personnel of the Army timely response to national defense contin- capabilities for the Gulf States and key entities and the Marine Corps for fiscal year 2006 should gencies and emergency requirements; within the Northern Command Area of Respon- be transferred from amounts appropriated by (2) since the publication of the Depot Mainte- sibility (AOR). title IX for the Military Personnel, Army, Mili- SEC. 8163. (a) SUBMISSION OF PROCEDURES FOR nance Strategy and Master Plan of the Air tary Personnel, Marine Corps, Operation and COMBATANT STATUS REVIEW TRIBUNALS AND AD- Force in 2002, the service has made great Maintenance, Army, and Operation and Main- MINISTRATIVE REVIEW BOARDS TO DETERMINE progress toward modernizing all 3 of its Depots, tenance, Marine Corps, and Operation and STATUS OF DETAINEES AT GUANTANAMO BAY, in order to maintain their status as ‘‘world Maintenance, Defense-Wide, accounts to the CUBA.—Not later than 180 days after the date of class’’ maintenance repair and overhaul oper- amounts appropriated for the applicable ac- enactment of this Act the President shall submit ations; counts in titles I and II. (3) 1 of the indispensable components of the to the Congressional Defense Committees and SEC. 8166. Of the amount appropriated by title Depot Maintenance Strategy and Master Plan committees on Judiciary in the House and Sen- III under the heading ‘‘OTHER PROCUREMENT, of the Air Force is the commitment of the Air ate the procedures for the Combatant Status Re- AIR FORCE’’, up to $3,000,000 may be made Force to allocate $150,000,000 a year over 6 view Tribunals and a noticed administrative re- available for the Laser Marksmanship Training years, beginning in fiscal year 2004, for recapi- view boards in operation at Guantanamo Bay, System. talization and investment, including the pro- Cuba, for determining the status of the detain- SEC. 8167. Of the amount appropriated by title curement of technologically advanced facilities ees held at Guantanamo Bay, including whether IV under the heading ‘‘RESEARCH, DEVELOP- and equipment, of our Nation’s 3 Air Force de- any such detainee is a lawful enemy combatant MENT, TEST, AND EVALUATION, ARMY’’, up to pots; and or an unlawful enemy combatant. (4) the funds expended to date have ensured (b) PROCEDURES.—The procedures submitted $5,000,000 may be used for Medium Tactical Ve- that transformation projects, such as the initial to Congress pursuant to subsection (a) shall en- hicle Modifications. implementation of ‘‘Lean’’ and ‘‘Six Sigma’’ sure that— SEC. 8168. Section 8013 of the Department of production techniques, have achieved great suc- (A) In making a determination of status under Defense Appropriations Act, 1994 (Public Law cess in dramatically reducing the time necessary such procedures, the Combatant Status Review 103–139; 107 Stat. 1440) is amended by striking to perform depot maintenance on aircraft. Tribunal and annual review boards may not ‘‘the report to the President from the Defense (b) SENSE OF THE SENATE.—It is the sense of consider statements derived from persons that, Base Closure and Realignment Commission, July the Senate that— as determined by the Tribunals or boards, by the 1991’’ and inserting ‘‘the reports to the Presi- (1) the Air Force should be commended for the preponderance of the evidence, were obtained dent from the Defense Base Closure and Re- implementation of its Depot Maintenance Strat- with undue coercion. alignment Commission, July 1991 and July egy and Master Plan and, in particular, meeting (B) The Designated Civilian Official shall be 1993’’. its commitment to invest $150,000,000 a year over an officer of the United States Government SEC. 8169. Of the amount appropriated by title 6 years, since fiscal year 2004, in the Nation’s 3 whose appointment to office was made by the IV under the heading ‘‘RESEARCH, DEVELOP- Air Force Depots; and President, by and with the advise and consent MENT, TEST, AND EVALUATION, ARMY’’, up to (2) the Air Force should continue to fully of the Senate. $1,000,000 may be used for Integrated Starter/Al- fund its commitment of $150,000,000 a year (C) MODIFICATION OF PROCEDURES.—The ternator for Up-Armored High Mobility Multi- through fiscal year 2009 in investments and re- President shall submit to Congress any modi- Wheeled Vehicles. capitalization projects pursuant to the Depot fication to the procedures submitted under sub- SEC. 8170. AVAILABILITY OF AMOUNT.—Of the Maintenance Strategy and Master Plan. section (a) no less than 30 days before the date amount appropriated by title II under the head- SEC. 8158. Of the amount appropriated by title on which such modifications go into effect. ing ‘‘OPERATION AND MAINTENANCE, DEFENSE- SEC. 8164. (a) ADDITIONAL AMOUNT FOR AIR- III under the heading ‘‘PROCUREMENT OF WEAP- WIDE’’, up to $60,000,000 may be made available CRAFT PROCUREMENT, AIR FORCE.—The amount ONS AND TRACKED COMBAT VEHICLES, ARMY’’, as follows: appropriated under the heading ‘‘AIRCRAFT up to $5,000,000 may be used for the Arsenal (A) Up to $50,000,000 may be made available PROCUREMENT, AIR FORCE’’ is hereby increased Support Program Initiative for Watervliet Arse- for childcare services for families of members of nal, New York. by $130,000,000. (b) AVAILABILITY OF AMOUNT.—Of the amount the Armed Forces. SEC. 8159. Of the amount appropriated by title appropriated under the heading ‘‘AIRCRAFT (B) Up to $10,000,000 may be made available IV under the heading ‘‘RESEARCH, DEVELOP- PROCUREMENT, AIR FORCE’’, as increased by for family assistance centers that primarily MENT, TEST, AND EVALUATION, DEFENSE-WIDE’’, subsection (a), $130,000,000 shall be available for serve members of the Armed Forces and their up to $4,000,000 may be used for Oral Anthrax/ families. Plague Vaccine Development. purposes as follows: (1) Procurement of Predator air vehicles, ini- (b) NATIONAL GUARD COUNTERDRUG SUPPORT SEC. 8160. (a) The Secretary of the Navy may, tial spares, and RSP kits. ACTIVITIES.— subject to the terms and conditions of the Sec- (2) Procurement of Containerized Dual Con- retary, donate the World War II-era marine rail- (1) AVAILABILITY OF AMOUNT.—Of the amount trol Station Launch and Recovery Elements. appropriated by title VI under the heading way located at the United States Naval Acad- (3) Procurement of a Fixed Ground Control emy, Annapolis, Maryland, to the Richardson ‘‘DRUG INTERDICTION AND COUNTER-DRUG AC- Station. TIVITIES’’, up to $40,000,000 may be available for Maritime Heritage Center, Cambridge, Mary- (4) Procurement of other upgrades to Predator land. the purpose of National Guard counterdrug sup- Ground Control Stations, spares, and signals in- port activities. (b) The marine railway donated under sub- telligence packages. (2) SUPPLEMENT NOT SUPPLANT.—The amount section (a) may not be used for commercial pur- (c) OFFSET.—(1) The amount appropriated by available under paragraph (2) for the purpose poses. title II for Operation and maintenance, Air specified in that paragraph is in addition to any SEC. 8161. The Secretary of Defense may Force is hereby reduced by $130,000,000. present promotional materials, including a SEC. 8165. SENSE OF SENATE ON TRANSFER OF other amounts available under title VI for that United States flag, to any member of an Active FUNDS FOR INCREASED PERSONNEL STRENGTHS purpose. or Reserve component under the Secretary’s ju- FOR THE ARMY AND MARINE CORPS.—(a) FIND- SEC. 8171. Of the amount appropriated by title risdiction who, as determined by the Secretary, INGS.—The Senate makes the following findings: II under the heading ‘‘OPERATION AND MAINTE- participates in Operation Enduring Freedom or (1) A long-term increase in the personnel end NANCE, DEFENSE-WIDE’’, up to $2,000,000 may be Operation Iraqi Freedom, along with other rec- strengths for active duty personnel of the Army available for the establishment, in consultation ognition items in conjunction with any week- and the Marine Corps is necessary in order to with the Reach Out and Read National Center, long national observation and day of national carry out the current missions of the Army and of a pilot project on pediatric early literacy on celebration, if established by Presidential proc- the Marine Corps and to relieve current strains military installations. lamation, for any such members returning from on Army and Marine Corps forces. SEC. 8172. INCREASE IN RATE OF BASIC PAY OF such operations. (2) The cost of the increase in such end THE ENLISTED MEMBER SERVING AS THE SENIOR SEC. 8162. (a) IMPLEMENTATION OF LONG- strengths is foreseeable and should be included ENLISTED ADVISOR FOR THE CHAIRMAN OF THE RANGE WIRELESS CAPABILITIES.—Of the amount in the annual budget of the President for each JOINT CHIEFS OF STAFF.—(a) INCREASE.—Foot- appropriated by title II under the heading ‘‘OP- fiscal year, as submitted to Congress pursuant note 2 to the table on Enlisted Members in sec- ERATION AND MAINTENANCE, AIR FORCE’’, up to to section 1105 of title 31, United States Code, in tion 601(b) of the National Defense Authoriza- $10,000,000 may be used by the United States order to provide a full and honest accounting to tion Act for Fiscal Year 2004 (Public Law 108– Northern Command for the purposes of imple- the American people of the personnel costs of 136; 37 U.S.C. 1009 note) is amended by striking menting Long-Range Wireless telecommuni- the Army and the Marine Corps. ‘‘or Master Chief Petty Officer of the Coast

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11273 Guard’’ and inserting ‘‘Master Chief Petty Offi- (i) holding meetings, camping events, or other (b) From the money in the Treasury not other- cer of the Coast Guard, or Senior Enlisted Advi- activities on Federal property; wise obligated or appropriated, there are appro- sor for the Chairman of the Joint Chiefs of (ii) hosting any official event of such organi- priated to the Office of the Inspector General of Staff’’. zation; the Department of Health and Human Services (b) PERSONAL MONEY ALLOWANCE.— (iii) loaning equipment; and $5,000,000 for oversight activities related to Hur- (1) ENTITLEMENT.—Section 414(c) of title 37, (iv) providing personnel services and logistical ricane Katrina. United States Code, is amended by striking ‘‘or support. (c) The amounts appropriated under sub- the Master Chief Petty Officer of the Coast (c) SUPPORT FOR SCOUT JAMBOREES.— section (a) and (b)— Guard’’ and inserting ‘‘the Master Chief Petty (1) FINDINGS.—Congress makes the following (1) are designated as an emergency require- Officer of the Coast Guard, or the Senior En- findings: ments pursuant to section 402 of H. Con. Res. 95 listed Advisor for the Chairman of the Joint (A) Section 8 of article I of the Constitution of (109th Congress); and Chiefs of Staff’’. the United States commits exclusively to Con- (2) shall remain available until expended. gress the powers to raise and support armies, (2) EFFECTIVE DATE.—The amendment made TITLE IX—ADDITIONAL WAR-RELATED by paragraph (1) shall take effect on April 1, provide and maintain a Navy, and make rules APPROPRIATIONS for the government and regulation of the land 2005. DEPARTMENT OF DEFENSE—MILITARY SEC. 8173. SUPPORT FOR YOUTH ORGANIZA- and naval forces. (B) Under those powers conferred by section 8 MILITARY PERSONNEL TIONS.—(a) SHORT TITLE.—This Act may be of article I of the Constitution of the United MILITARY PERSONNEL, ARMY cited as the ‘‘Support Our Scouts Act of 2005’’. States to provide, support, and maintain the (b) SUPPORT FOR YOUTH ORGANIZATIONS.— For an additional amount for ‘‘Military Per- Armed Forces, it lies within the discretion of (1) DEFINITIONS.—In this subsection— sonnel, Army’’, $5,009,420,000. (A) the term ‘‘Federal agency’’ means each de- Congress to provide opportunities to train the MILITARY PERSONNEL, NAVY partment, agency, instrumentality, or other en- Armed Forces. For an additional amount for ‘‘Military Per- (C) The primary purpose of the Armed Forces tity of the United States Government; and sonnel, Navy’’, $180,000. is to defend our national security and prepare (B) the term ‘‘youth organization’’— MILITARY PERSONNEL, MARINE CORPS (i) means any organization that is designated for combat should the need arise. (D) One of the most critical elements in de- For an additional amount for ‘‘Military Per- by the President as an organization that is pri- fending the Nation and preparing for combat is sonnel, Marine Corps’’, $455,420,000. marily intended to— training in conditions that simulate the prepa- (I) serve individuals under the age of 21 years; MILITARY PERSONNEL, AIR FORCE (II) provide training in citizenship, leader- ration, logistics, and leadership required for de- For an additional amount for ‘‘Military Per- ship, physical fitness, service to community, and fense and combat. sonnel, Air Force’’, $372,480,000. (E) Support for youth organization events teamwork; and RESERVE PERSONNEL, ARMY simulates the preparation, logistics, and leader- (III) promote the development of character ship required for defending our national secu- For an additional amount for ‘‘Reserve Per- and ethical and moral values; and rity and preparing for combat. sonnel, Army’’, $121,500,000. (ii) shall include— (F) For example, Boy Scouts of America’s Na- RESERVE PERSONNEL, NAVY (I) the Boy Scouts of America; tional Scout Jamboree is a unique training event (II) the Girl Scouts of the United States of For an additional amount for ‘‘Reserve Per- for the Armed Forces, as it requires the con- America; sonnel, Navy’’, $10,000,000. struction, maintenance, and disassembly of a (III) the Boys Clubs of America; NATIONAL GUARD PERSONNEL, ARMY ‘‘tent city’’ capable of supporting tens of thou- (IV) the Girls Clubs of America; For an additional amount for ‘‘National sands of people for a week or longer. Camporees (V) the Young Men’s Christian Association; Guard Personnel, Army’’, $232,300,000. at the United States Military Academy for Girl (VI) the Young Women’s Christian Associa- NATIONAL GUARD PERSONNEL, AIR FORCE tion; Scouts and Boy Scouts provide similar training For an additional amount for ‘‘National (VII) the Civil Air Patrol; opportunities on a smaller scale. Guard Personnel, Air Force’’, $5,300,000. (VIII) the United States Olympic Committee; (2) SUPPORT.—Section 2554 of title 10, United (IX) the Special Olympics; States Code, is amended by adding at the end OPERATION AND MAINTENANCE (X) Campfire USA; the following: OPERATION AND MAINTENANCE, ARMY ‘‘(i)(1) The Secretary of Defense shall provide (XI) the Young Marines; For an additional amount for ‘‘Operation and at least the same level of support under this sec- (XII) the Naval Sea Cadets Corps; Maintenance, Army’’, $21,915,547,000. tion for a national or world Boy Scout Jamboree (XIII) 4–H Clubs; OPERATION AND MAINTENANCE, NAVY (XIV) the Police Athletic League; as was provided under this section for the pre- For an additional amount for ‘‘Operation and (XV) Big Brothers—Big Sisters of America; ceding national or world Boy Scout Jamboree. ‘‘(2) The Secretary of Defense may waive Maintenance, Navy’’, $1,806,400,000. and (XVI) National Guard Youth Challenge. paragraph (1), if the Secretary— OPERATION AND MAINTENANCE, MARINE CORPS ‘‘(A) determines that providing the support (2) IN GENERAL.— For an additional amount for ‘‘Operation and subject to paragraph (1) would be detrimental to (A) SUPPORT FOR YOUTH ORGANIZATIONS.— Maintenance, Marine Corps’’, $1,275,800,000. the national security of the United States; and (i) SUPPORT.—No Federal law (including any ‘‘(B) reports such a determination to the Con- OPERATION AND MAINTENANCE, AIR FORCE rule, regulation, directive, instruction, or order) gress in a timely manner, and before such sup- For an additional amount for ‘‘Operation and shall be construed to limit any Federal agency port is not provided.’’. Maintenance, Air Force’’, $2,014,900,000. from providing any form of support for a youth (d) EQUAL ACCESS FOR YOUTH ORGANIZA- OPERATION AND MAINTENANCE, DEFENSE-WIDE organization (including the Boy Scouts of Amer- TIONS.—Section 109 of the Housing and Commu- For an additional amount for ‘‘Operation and ica or any group officially affiliated with the nity Development Act of 1974 (42 U.S.C. 5309) is Boy Scouts of America) that would result in Maintenance, Defense-Wide’’, $980,000,000, of amended— which up to $195,000,000, to remain available that Federal agency providing less support to (1) in the first sentence of subsection (b) by in- that youth organization (or any similar organi- until expended, may be used for payments to re- serting ‘‘or (e)’’ after ‘‘subsection (a)’’; and imburse Pakistan, Jordan, and other key co- zation chartered under the chapter of title 36, (2) by adding at the end the following: United States Code, relating to that youth orga- operating nations, for logistical, military, and ‘‘(e) EQUAL ACCESS.— other support provided, or to be provided, to nization) than was provided during the pre- ‘‘(1) DEFINITION.—In this subsection, the term United States military operations, notwith- ceding fiscal year. This clause shall be subject to ‘youth organization’ means any organization standing any other provision of law: Provided, the availability of appropriations. described under part B of subtitle II of title 36, That such payments may be made in such (ii) YOUTH ORGANIZATIONS THAT CEASE TO United States Code, that is intended to serve in- amounts as the Secretary of Defense, with the EXIST.—Clause (i) shall not apply to any youth dividuals under the age of 21 years. concurrence of the Secretary of State, and in organization that ceases to exist. ‘‘(2) IN GENERAL.—No State or unit of general consultation with the Director of the Office of (iii) WAIVERS.—The head of a Federal agency local government that has a designated open may waive the application of clause (i) to any forum, limited public forum, or nonpublic forum Management and Budget, may determine, in his youth organization with respect to each convic- and that is a recipient of assistance under this discretion, based on documentation determined tion or investigation described under subclause chapter shall deny equal access or a fair oppor- by the Secretary of Defense to adequately ac- (I) or (II) for a period of not more than 2 fiscal tunity to meet to, or discriminate against, any count for the support provided, and such deter- years if— youth organization, including the Boy Scouts of mination is final and conclusive upon the ac- (I) any senior officer (including any member America or any group officially affiliated with counting officers of the United States, and 15 of the board of directors) of the youth organiza- the Boy Scouts of America, that wishes to con- days following notification to the appropriate tion is convicted of a criminal offense relating to duct a meeting or otherwise participate in that congressional committees: Provided further, the official duties of that officer or the youth or- designated open forum, limited public forum, or That the Secretary of Defense shall provide ganization is convicted of a criminal offense; or nonpublic forum.’’. quarterly reports to the congressional defense (II) the youth organization is the subject of a SEC. 8174. (a) There are appropriated out of committees on the use of funds provided in this criminal investigation relating to fraudulent use the Employment Security Administration ac- paragraph. or waste of Federal funds. count of the Unemployment Trust Fund, OPERATION AND MAINTENANCE, ARMY RESERVE (B) TYPES OF SUPPORT.—Support described $14,000,000 for authorized administrative ex- For an additional amount for ‘‘Operation and under this paragraph shall include— penses. Maintenance, Army Reserve’’, $53,700,000.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 S11274 CONGRESSIONAL RECORD — SENATE October 7, 2005

OPERATION AND MAINTENANCE, NAVY RESERVE OTHER PROCUREMENT, ARMY OTHER DEPARTMENT OF DEFENSE For an additional amount for ‘‘Operation and For an additional amount for ‘‘Other Procure- PROGRAMS Maintenance, Navy Reserve’’, $9,400,000. ment, Army’’, $3,916,000,000, to remain available DRUG INTERDICTION AND COUNTER-DRUG CTIVITIES EFENSE OPERATION AND MAINTENANCE, MARINE CORPS until September 30, 2008. A , D RESERVE AIRCRAFT PROCUREMENT, NAVY For an additional amount for ‘‘Drug Interdic- For an additional amount for ‘‘Operation and For an additional amount for ‘‘Aircraft Pro- tion and Counter-drug Activities, Defense’’, $27,620,000. Maintenance, Marine Corps Reserve’’, curement, Navy’’, $151,537,000, to remain avail- $27,950,000. able until September 30, 2008. GENERAL PROVISIONS, TITLE IX OPERATION AND MAINTENANCE, AIR FORCE WEAPONS PROCUREMENT, NAVY SEC. 9001. Appropriations provided in this title are available for obligation until September 30, RESERVE For an additional amount for ‘‘Weapons Pro- 2006, unless otherwise so provided in this title. For an additional amount for ‘‘Operation and curement, Navy’’, $56,700,000, to remain avail- SEC. 9002. Notwithstanding any other provi- able until September 30, 2008. Maintenance, Air Force Reserve’’, $7,000,000. sion of law or of this Act, funds made available OPERATION AND MAINTENANCE, ARMY NATIONAL PROCUREMENT OF AMMUNITION, NAVY AND in this title are in addition to amounts provided GUARD MARINE CORPS elsewhere in this Act. For an additional amount for ‘‘Operation and For an additional amount for ‘‘Procurement (TRANSFER OF FUNDS) Maintenance, Army National Guard’’, of Ammunition, Navy and Marine Corps’’, SEC. 9003. Upon his determination that such $201,300,000. $48,485,000, to remain available until September action is necessary in the national interest, the OPERATION AND MAINTENANCE, AIR NATIONAL 30, 2008. Secretary of Defense may transfer between ap- GUARD OTHER PROCUREMENT, NAVY propriations up to $2,500,000,000 of the funds made available to the Department of Defense in For an additional amount for ‘‘Operation and For an additional amount for ‘‘Other Procure- this title: Provided, That the Secretary shall no- Maintenance, Air National Guard’’, $13,400,000. ment, Navy’’, $116,048,000, to remain available tify the Congress promptly of each transfer until September 30, 2008. IRAQ FREEDOM FUND made pursuant to the authority in this section: ROCUREMENT ARINE ORPS (INCLUDING TRANSFER OF FUNDS) P , M C Provided further, That the authority provided For an additional amount for ‘‘Iraq Freedom For an additional amount for ‘‘Procurement, in this section is in addition to any other trans- Fund’’, $4,100,000,000, to remain available for Marine Corps’’, $2,303,700,000, to remain avail- fer authority available to the Department of De- transfer until September 30, 2006, only to sup- able until September 30, 2008. fense and is subject to the same terms and con- port operations in Iraq or Afghanistan and clas- AIRCRAFT PROCUREMENT, AIR FORCE ditions as the authority provided in section 8005 of this Act. sified activities: Provided, That the Secretary of For an additional amount for ‘‘Aircraft Pro- Defense may transfer the funds provided herein SEC. 9004. Funds appropriated in this title, or curement, Air Force’’, $118,058,000, to remain made available by the transfer of funds in or to appropriations for military personnel; oper- available until September 30, 2008. ation and maintenance; Overseas Humani- pursuant to this title, for intelligence activities tarian, Disaster, and Civic Aid; procurement; re- MISSILE PROCUREMENT, AIR FORCE are deemed to be specifically authorized by the search, development, test and evaluation; the For an additional amount for ‘‘Missile Pro- Congress for purposes of section 504 of the Na- Defense Health Program; and working capital curement, Air Force’’, $17,000,000, to remain tional Security Act of 1947 (50 U.S.C. 414). funds: Provided further, That of the amounts available until September 30, 2008. SEC. 9005. None of the funds provided in this title may be used to finance programs or activi- provided under this heading, $2,850,000,000 shall OTHER PROCUREMENT, AIR FORCE only be for classified programs, described in fur- ties denied by Congress in fiscal years 2005 and For an additional amount for ‘‘Other Procure- ther detail in the classified annex accompanying 2006 appropriations to the Department of De- ment, Air Force’’, $17,500,000, to remain avail- this Act: Provided further, That $750,000,000 fense or to initiate a procurement or research, able until September 30, 2008. shall be available for the Joint IED Defeat Task development, test and evaluation new start pro- Force: Provided further, That funds transferred PROCUREMENT, DEFENSE-WIDE gram without prior written notification to the congressional defense committees. shall be merged with and be available for the For an additional amount for ‘‘Procurement, SEC. 9006. Notwithstanding any other provi- same purposes and for the same time period as Defense-Wide’’, $132,075,000, to remain available sion of law, from funds made available in this the appropriation or fund to which transferred: until September 30, 2008. Provided further, That this transfer authority is title to the Department of Defense for operation NATIONAL GUARD AND RESERVE EQUIPMENT in addition to any other transfer authority and maintenance, not to exceed $500,000,000 may available to the Department of Defense: Pro- For an additional amount for ‘‘NATIONAL be used by the Secretary of Defense, with the vided further, That upon a determination that GUARD AND RESERVE EQUIPMENT’’, concurrence of the Secretary of State, to train, all or part of the funds transferred from this ap- $1,300,000,000, to remain available until ex- equip and provide related assistance only to the propriation are not necessary for the purposes pended: Provided, That the amount available New Iraqi Army and the Afghan National Army provided herein, such amounts may be trans- under this heading shall be available for home- to enhance their capability to combat terrorism ferred back to this appropriation: Provided fur- land security and homeland security response and to support U.S. military operations in Iraq ther, That the Secretary of Defense shall, not equipment; Provided further, That the amount and Afghanistan: Provided, That such assist- fewer than 5 days prior to making transfers provided under this heading is designated as an ance may include the provision of equipment, from this appropriation, notify the congres- emergency requirement pursuant to section 402 supplies, services, training and funding: Pro- sional defense committees in writing of the de- of the conference report to accompany S. Con. vided further, That the authority to provide as- tails of any such transfer: Provided further, Res. 95 (109th Congress). sistance under this section is in addition to any That the Secretary shall submit a report no later RESEARCH, DEVELOPMENT, TEST AND other authority to provide assistance to foreign than 30 days after the end of each fiscal quarter EVALUATION nations: Provided further, That the Secretary of to the congressional defense committees summa- Defense shall notify the congressional defense RESEARCH, DEVELOPMENT, TEST AND committees, the Committee on International Re- rizing the details of the transfer of funds from EVALUATION, ARMY this appropriation. lations of the House of Representatives, and the For an additional amount for ‘‘Research, De- Committee on Foreign Relations of the Senate PROCUREMENT velopment, Test and Evaluation, Army’’, not less than 15 days before providing assistance AIRCRAFT PROCUREMENT, ARMY $72,000,000, to remain available until September under the authority of this section. For an additional amount for ‘‘Aircraft Pro- 30, 2007. SEC. 9007. (a) From funds made available in curement, Army’’, $348,100,000, to remain avail- RESEARCH, DEVELOPMENT, TEST AND this title to the Department of Defense, not to able until September 30, 2008. EVALUATION, AIR FORCE exceed $500,000,000 may be used, notwith- standing any other provision of law, to fund the MISSILE PROCUREMENT, ARMY For an additional amount for ‘‘Research, De- Commander’s Emergency Response Program, for velopment, Test and Evaluation, Air Force’’, For an additional amount for ‘‘Missile Pro- the purpose of enabling military commanders in $17,800,000, to remain available until September curement, Army’’, $80,000,000, to remain avail- Iraq to respond to urgent humanitarian relief 30, 2007. able until September 30, 2008. and reconstruction requirements within their PROCUREMENT OF WEAPONS AND TRACKED RESEARCH, DEVELOPMENT, TEST AND areas of responsibility by carrying out programs COMBAT VEHICLES, ARMY EVALUATION, DEFENSE-WIDE that will immediately assist the Iraqi people, For an additional amount for ‘‘Procurement For an additional amount for ‘‘Research, De- and to fund a similar program to assist the peo- of Weapons and Tracked Combat Vehicles, velopment, Test and Evaluation, Defense- ple of Afghanistan. Army’’, $910,700,000, to remain available until Wide’’, $2,500,000, to remain available until Sep- (b) QUARTERLY REPORTS.—Not later than 15 September 30, 2008. tember 30, 2007. days after the end of each fiscal year quarter REVOLVING AND MANAGEMENT FUNDS (beginning with the first quarter of fiscal year PROCUREMENT OF AMMUNITION, ARMY 2006), the Secretary of Defense shall submit to For an additional amount for ‘‘Procurement DEFENSE WORKING CAPITAL FUNDS the congressional defense committees a report of Ammunition, Army’’, $335,780,000, to remain For an additional amount for ‘‘Defense Work- regarding the source of funds and the allocation available until September 30, 2008. ing Capital Funds’’, $2,716,400,000. and use of funds during that quarter that were

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 6333 E:\CR\FM\A07OC6.010 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11275 made available pursuant to the authority pro- (i) capable of conducting counterinsurgency people I am going to name are our vided in this section or under any other provi- operations independently; staff. They work with both Senator (ii) capable of conducting counterinsurgency sion of law for the purposes of the programs INOUYE and me. We work as a seamless operations with the support of United States or under subsection (a). team in the subcommittee: Sid SEC. 9008. Amounts provided in this title for coalition forces; or operations in Iraq and Afghanistan may be used (iii) not ready to conduct counterinsurgency Ashworth, Charlie Houy, Lesley Kalan, by the Department of Defense for the purchase operations. Brian Wilson, Brian Potts, Kate of heavy and light armored vehicles for force (D) The rates of absenteeism in the Iraqi mili- Kaufer, Mark Hoaland, Alycia Farrell, protection purposes, notwithstanding price or tary forces and the extent to which insurgents Katy Hagan, Betsy Schmid, Nicole other limitations specified elsewhere in this Act, have infiltrated such forces. DiResta, Mazie Mattson, Janelle or any other provision of law: Provided, That (E) The training provided Iraqi police and Treon, Kate Fitzgerald, Jennifer the Secretary of Defense shall submit a report in other Ministry of Interior forces and the equip- ment used by such forces. Chartrand. writing no later than 30 days after the end of Let me recognize a very dedicated, each fiscal quarter notifying the congressional (F) Key criteria for assessing the capabilities defense committees of any purchase described in and readiness of the Iraqi police and other Min- wonderful staff person of our sub- this section, including the cost, purposes, and istry of Interior forces, goals for achieving cer- committee, Mazie Mattson, who is now quantities of vehicles purchased. tain capability and readiness levels (as well as going to retire after 25 years of work- SEC. 9009. During the current fiscal year, for recruiting, training, and equipping), and the ing for Congress. This is Mazie’s final funds available to the Department of Defense milestones and notional timetable for achieving Defense bill. We are extremely grateful for operation and maintenance may be used, these goals, including— to her for her sincere loyalty and tire- (i) the number of police recruits that have re- notwithstanding any other provision of law, to less efforts and very gracious support provide supplies, services, transportation, in- ceived classroom training and the duration of cluding airlift and sealift, and other logistical such instruction; she provided to each and every one of support to coalition forces supporting military (ii) the number of veteran police officers who us on both sides of the aisle on our sub- and stability operations in Iraq and Afghani- have received classroom instruction and the du- committee. She will be greatly missed. stan: Provided, That the Secretary of Defense ration of such instruction; We wish her family and her husband, shall provide quarterly reports to the congres- (iii) the number of police candidates screened Bill, all the best. We thank you very sional defense committees regarding support by the Iraqi Police Screening Service, the num- much, Mazie. Thank you very much. ber of candidates derived from other entry pro- provided under this section. The PRESIDING OFFICER (Mr. SEC. 9010. (a) Not later than 60 days after the cedures, and the success rates of those groups of candidates; ISAKSON). The majority leader. date of the enactment of this Act and every 90 Mr. FRIST. Mr. President, I ask days thereafter through the end of fiscal year (iv) the number of Iraqi police forces who 2006, the Secretary of Defense shall set forth in have received field training by international po- unanimous consent the Senate insist a report to Congress a comprehensive set of per- lice trainers and the duration of such instruc- on its amendment, request a con- formance indicators and measures for progress tion; and ference with the House, and the Chair toward military and political stability in Iraq. (v) attrition rates and measures of absenteeism be authorized to appoint conferees. (b) The report shall include performance and infiltration by insurgents. The PRESIDING OFFICER. Without standards and goals for security, economic, and (G) The estimated total number of Iraqi bat- talions needed for the Iraqi security forces to objection it is so ordered. security force training objectives in Iraq to- The PRESIDING OFFICER appointed gether with a notional timetable for achieving perform duties now being undertaken by coali- Mr. STEVENS, Mr. COCHRAN, Mr. SPEC- these goals. tion forces, including defending the borders of (c) In specific, the report requires, at a min- Iraq and providing adequate levels of law and TER, Mr. DOMENICI, Mr. BOND, Mr. imum, the following: order throughout Iraq. MCCONNELL, Mr. SHELBY, Mr. GREGG, (1) With respect to stability and security in (H) The effectiveness of the Iraqi military and Mrs. HUTCHISON, Mr. BURNS, Mr. Iraq, the following: police officer cadres and the chain of command. INOUYE, Mr. BYRD, MR. LEAHY, Mr. (I) The number of United States and coalition (A) Key measures of political stability, includ- HARKIN, Mr. DORGAN, Mr. DURBIN, Mr. advisors needed to support the Iraqi security ing the important political milestones that must REID, Mrs. FEINSTEIN, and Ms. MIKUL- be achieved over the next several years. forces and associated ministries. SKI conferees on the part of the Senate. (B) The primary indicators of a stable security (J) An assessment, in a classified annex if nec- environment in Iraq, such as number of engage- essary, of United States military requirements, f ments per day, numbers of trained Iraqi forces, including planned force rotations, through the end of calendar year 2006. DEPARTMENT OF HOMELAND SE- and trends relating to numbers and types of eth- CURITY APPROPRIATIONS ACT, nic and religious-based hostile encounters. SEC. 9011. Congress, consistent with inter- (C) An assessment of the estimated strength of national and United States law, reaffirms that 2006—CONFERENCE REPORT the insurgency in Iraq and the extent to which torture of prisoners of war and detainees is ille- Mr. FRIST. Mr. President, I ask gal and does not reflect the policies of the it is composed of non-Iraqi fighters. unanimous consent the Senate proceed (D) A description of all militias operating in United States Government or the values of the people of the United States. to the immediate consideration of the Iraq, including the number, size, equipment conference report to accompany H.R. strength, military effectiveness, sources of sup- SEC. 9012. Supervision and administration port, legal status, and efforts to disarm or re- costs associated with a construction project 2360, the Homeland Security appropria- integrate each militia. funded with appropriations available for oper- tions bill. I further ask consent that (E) Key indicators of economic activity that ation and maintenance, and executed in direct there be 30 minutes of debate equally should be considered the most important for de- support of the Global War on Terrorism only in divided, and following the use or yield- termining the prospects of stability in Iraq, in- Iraq and Afghanistan, may be obligated at the ing back of time, the Senate proceed to cluding— time a construction contract is awarded: Pro- vided, That for the purpose of this section, su- a vote on adoption of the conference re- (i) unemployment levels; port, with no intervening action or de- (ii) electricity, water, and oil production rates; pervision and administration costs include all and in-house Government cost. bate. (iii) hunger and poverty levels. SEC. 9013. Amounts appropriated or otherwise The PRESIDING OFFICER. Without (F) The criteria the Administration will use to made available in this title are designated as objection, it is so ordered. determine when it is safe to begin withdrawing making appropriations for contingency oper- The clerk will report. United States forces from Iraq. ations related to the global war on terrorism The assistant legislative clerk read (2) With respect to the training and perform- pursuant to section 402 of H. Con. Res. 95 (109th as follows: Congress), the concurrent resolution on the ance of security forces in Iraq, the following: The committee of conference on the dis- (A) The training provided Iraqi military and budget for fiscal year 2006. agreeing votes of the two Houses on the other Ministry of Defense forces and the equip- This Act may be cited as the ‘‘Department of amendment of the Senate to the bill (H.R. ment used by such forces. Defense Appropriations Act, 2006’’. 2360) ‘‘making appropriations for the Depart- (B) Key criteria for assessing the capabilities Mr. STEVENS. I move to reconsider ment of Homeland Security for the fiscal and readiness of the Iraqi military and other the vote. year ending September 30, 2006, and for other Ministry of Defense forces, goals for achieving Mr. DOMENICI. I move to lay that purposes,’’ having met, have agreed that the certain capability and readiness levels (as well motion on the table. House recede from its disagreement to the as for recruiting, training, and equipping these The motion to lay on the table was amendment of the Senate, and agree to the forces), and the milestones and notional time- agreed to. same with an amendment, and the Senate table for achieving these goals. agree to the same, signed by a majority of (C) The operational readiness status of the Mr. STEVENS. If I may have a mo- conferees on the part of both Houses. Iraqi military forces, including the type, num- ment, I thank our staff for their dedi- ber, size, and organizational structure of Iraqi cation and hard work putting this bill The PRESIDING OFFICER. Without battalions that are— together. I point out to the Senate the objection, the Senate will proceed to

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.010 S07OCPT1 S11276 CONGRESSIONAL RECORD — SENATE October 7, 2005 the consideration of the conference re- threat to us. We do not have a handle The PRESIDING OFFICER. Who port. on who and what crosses into our coun- yields time on the conference report? The Senate proceeded to consider the try everyday. This conference report The Senator from West Virginia. conference report. provides $9 billion, which funds 1,000 Mr. BYRD. Mr. President, I yield my- (The conference report is printed in new border patrol agents, 250 new in- self such time as I may consume. the House proceedings of the RECORD of vestigators, 460 new detention per- Mr. President, I thank Chairman September 20, 2005.) sonnel, and the necessary infrastruc- JUDD GREGG, the House Chairman HAR- Mr. FRIST. Mr. President, for the in- ture and training capacity to support a OLD ROGERS, Representatives MARTIN formation of colleagues, we expect this vast improvement in our border secu- SABO, Representative DAVE OBEY, and vote to be a voice vote. There will be rity. all of the House and Senate conferees no more rollcall votes today. I want to particularly single out the for their hard work on the Homeland I yield the floor. coast guard for the outstanding job Security appropriations conference re- Mr. GREGG. Mr. President, in the they have done in the gulf coast port. Senate this year, we have considered States. They exemplify a working I also commend the thousands of men this homeland security bill during two agency—one that does its job without and women who are on the front lines very different times of crisis. When the fanfare and complaint, and which pro- of Homeland Security. God bless them. bill was on the floor of the Senate in duces tremendous results in the num- I thank them. While I remain very con- July, the reprehensible train bombings ber of lives that were saved rescuing cerned that we are not giving these in London had just occurred and there over 33,520 people—as many as they men and women the tools they need to was a desire to increase funding for rail have over the past 8 years—stranded by do their job, that in no way detracts security. Now, we consider this con- Hurricane Katrina. Their superior from their commitment to serve the ference report during the immediate work day in and day out is well recog- Nation. aftershock of two damaging hurricanes nized. This conference report provides The conference agreement that is be- in the gulf coast, which demolished en- a total of $7.86 billion for the Coast fore the Senate sends a strong signal to tire cities and towns. And there has Guard for fiscal year 2006. the Department that it needs to move been a call and an urgency to provide As clearly as we saw the top perform- in a new direction. The Department Federal financial help. We have met ance of the Coast Guard during needs to be nimble and responsive, not that call through significant—very sig- Katrina, the problems in FEMA con- bureaucratic and slow. It needs to tar- nificant—supplemental emergency tinue to be highlighted. And this Com- get limited resources on future threats, mittee intends to conduct an in depth funds. While these funds need to be not simply the threats posed by the at- analysis of the Department and this monitored to make sure they are spent tacks of September 11. wisely and prudently, it is appropriate agency. At this time, putting more The conference agreement includes to help get the people in these areas money in this bill, on top of the $60 bil- numerous improvements to the Presi- lion in emergency funds already pro- back on their feet. And it is important dent’s budget, particularly with regard vided and the funds that will soon be to remember that this is an emergency, to border security, air cargo security, coming in the next supplemental, is and emergency needs are being ad- improved screening of airline pas- not the solution. dressed through tens of billions of dol- I continue to also be concerned about sengers for explosives, funds to hire lars that have been approved. the vast amount of unspent funds in firefighters, as well as funding to pro- The conference report we are consid- the Department, particularly the $6.2 tect the all-hazards Emergency Man- ering today addresses the Department billion in unspent funds for State and agement Performance Grant Program. of Homeland Security as a whole. It is local grants. For that reason, this bill The conference agreement builds on an amalgamation of 22 Federal agen- limits funding in those areas. As a part the bipartisan border security initia- cies and it encompasses the broad spec- of the National Preparedness Goal, tives I offered along with the very able trum of homeland security needs. But State and local jurisdictions are under- Senator, Mr. CRAIG, with Chairman first and foremost, the Department taking a review of their essential capa- GREGG’s support to the 2005 emergency must be focused on the national secu- bilities, to determine what has been ac- supplemental bill. Between the supple- rity of our country. complished with the funds provided so mental enacted in May and this bill, The conference report before us far. The results of this analysis will be Congress will have increased the num- builds on that. It is threat-based and used to inform future funding deci- ber of Border Patrol agents by 1,500; provides total appropriations of $31.9 sions. Congress will have increased the num- billion for the Department of Home- Interoperable communications re- ber of immigration investigators, land Security, directly focusing on two mains a significant priority. One of the agents, and detention officers by over of the most vulnerable areas of our hurdles facing communities attempt- 750; and Congress will have increased homeland security: weapons of mass ing to achieve this goal is that not all the number of detention beds by at destruction and border security. of the technical standards, known as least 1,800. As a country, we pride ourselves on Project 25, are finished. Some stand- I commend all of the conferees and in being an open and democratic society ards continue under development. particular the inimitable chairman, that affords tremendous freedoms to Overall, this conference report rep- JUDD GREGG, for that action. The inim- its citizens. Unfortunately, there are resents a responsible and targeted ap- itable chairman. Do you hear that? The terrorists who wish to prey on that proach to homeland security funding. inimitable chairman, Judd Gregg. He is trust and openness and to harm and Were we able to fully meet every need? not here, but he will hear about it. kill massive numbers of innocent civil- No, given fiscal constraints, we focused In addition, the agreement contains ians to attack our way of life. There is our limited resources on eliminating an important protection for the pri- absolutely no question that if a ter- the most serious and detrimental vacy rights of Americans. The agree- rorist gets control of a weapon of mass vulnerabilities of our homeland secu- ment would prohibit the use of com- destruction, be it biological, nuclear, rity. And we have made a significant mercial databases in the implementa- or radiological, it will be used against accomplishment in beginning to ad- tion of Secure Flight, the Depart- us and against the fundamentals of dress the major threats facing our na- ment’s proposed new airline passenger Western civilization. This conference tional security as a whole. This con- profiling system. Such commercial report provides over $2.4 billion for ference report demonstrates our strong databases are unreliable and poten- WMD and terrorism prevention and commitment to shoring up our na- tially could be used to invade people’s preparedness, including funds to assist tional security, making the Depart- privacy. State and local jurisdictions. ment of Homeland Security a better The conference agreement provides Similarly, because we seek to par- agency with a more coordinated and $30.8 billion for discretionary pro- ticipate in an open and vibrant world, cohesive approach, and ensuring we are grams, an increase of just 4.6 percent. our borders are incredibly porous and focused on the emerging threats of This is a very lean bill. The committee access into this country is easy. Re- today rather than on yesterday’s prob- was put into a difficult position as a re- grettably, that openness is now a lems. sult of the administration’s proposal to

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.011 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11277 have the Appropriations Committee in- disaster planning, predisaster mitiga- When the Madrid and London train crease the fees paid by airline pas- tion, grants to hire, equip, and train bombings proved that there is a real sengers by $1.68 billion. How about firefighters, and grants for transit, threat to our transit systems—hear that? port, and chemical security. The me, New York City—when there is a The Appropriations Committee does amendment would also have helped the real threat to our transit systems, not have jurisdiction—what is the mat- Coast Guard maintain the ships, the should Congress be providing just $150 ter with the White House?—the Appro- planes, the helicopters that they have million, when the estimated need is $6 priations Committee does not have ju- used so effectively in evacuating over billion—$6 billion. risdiction over airline fees. The White 33,000 people following Hurricane When two Russian airplanes were si- House knows that. The Budget Office Katrina and Hurricane Rita. multaneously blown out of the sky by knows that. So as a result of what the The entire bill that is before us, the terrorists 1 year ago, should we be sat- White House did, the committee was budget for the entire Department, is isfied that only 18—only 18—out of the forced to reduce spending on critical only $30.8 billion. Now, I understand 448 commercial airports in the United homeland security programs—your the need to live within limits, but States have received new checkpoint programs, your people’s programs, sometimes those limits simply do not technologies to screen passengers for your constituents’ programs. correspond to the reality that con- explosives? This ill-considered administration fronts us. Why not limit somewhere Hear me. We better act in time. proposal—hear it—this ill-considered else? Why not limit somewhere else? I believe Chairman GREGG—the inim- itable chairman, I say; he is a Repub- White House proposal resulted in real How much are we giving to Iraq? How lican, but he is a great chairman; I am cuts—real cuts—in firefighter grants, many questions do we ask, then, when proud of him—has put together a bill first responder grants, Coast Guard op- we give there? We build infrastructure that makes significant improvements erations, and in the number of airport in Iraq. How about building it here in to the President’s budget. I commend screeners. our country? Charity begins at home. Chairman GREGG for those choices. Now listen. Listen. It is regrettable In the past month, we appropriated However, as we move forward on a that the administration’s apparent $60 billion as an emergency for one Katrina supplemental bill, I hope we lack of understanding of the legislative agency that is funded by this bill, FEMA. One agency received a supple- will reconsider the investments con- process—when will they learn?—their tained in the amendment that was de- apparent lack of understanding of the mental that is double the annual budg- et of the entire Department, and yet in feated—hear me—defeated in con- legislative process will have such a di- ference. rect impact on programs that are im- this bill we fail to make the invest- ments to help us avoid future $60 bil- Sometimes I say, yes, sometimes you portant elements of our homeland se- have to spend money to save money curity strategy. How about that? Time lion supplemental bills. We should be increasing predisaster and to save lives. Let me say that and time again—time and time again— mitigation efforts. What if something again. Sometimes—sometimes, Sen- this administration has talked a good happens here in Washington? What if ators; sometimes, Mr. President; some- game on homeland security, but it has something hits Washington? There will times, I say to the White House—you not followed through with a sustained be millions of people from Washington, have to spend money to save money commitment of resources and ideas. I Virginia, and Maryland heading— and to save lives. And you do have to fear that the administration believes where?—heading westward, heading to- spend it here in America, in this coun- that it fulfilled its commitment to se- ward West Virginia, heading toward try, to save American lives. curing the homeland by creating the parts of Maryland, Pennsylvania, and I commend the staff—our wonderful staff, our great staff, our dedicated Department of Homeland Security, Virginia. Then what? Yes, what about staff—for their contributions to this which I voted against. And I am glad I that? We have seen the problems cre- important legislation. In particular, I voted against it. Well, America is not ated by Katrina. What if the terrorists thank Chairman GREGG’s staff: Re- made safer by simply reorganizing were to hit here, and then we have this becca Davies, James Hayes, Carol boxes on an organizational chart. massive, massive flow of people West- Repeatedly, the energy, the initia- Cribbs, Kimberly Nelson, Shannon ward? That is what we are talking O’Keefe, and Avery Forbes. tive, the resources, and the leadership about when we talk about predisaster for homeland security have come from And do you think I would forget my mitigation efforts. own staff? No. My own staff, I com- the Congress—the Congress. From bor- My Governor, the Governor of West mend them: Charles Kieffer—man, he is der security to transit, rail, and port Virginia, the most handsome Governor security, to air cargo security and ex- it, he is the man, Charles Kieffer—Chip in the country, Governor Joe Manchin, Walgren, Scott Nance, Drenan Dudley, plosives detection, the initiative—hear has proposed that there be more me—the initiative to fund these efforts and our Coast Guard detailee, Sean money—more money, that we need to MacKenzie. What a staff. came from—where?—the Congress, you, prepare ahead of time, that we need to this body, the other body, the people’s Finally, on a personal note, I mark pre-position medical supplies, pre-posi- the recent passing of Robert M. branch, the Congress. This conference tion gasoline, pre-position other items agreement continues in that tradition, Sempsey this past Saturday. Bob that will be needed when and if that Sempsey worked for the Congressional and I commend Chairman GREGG and disaster hits here. That is what we Budget Office for nearly 25 years. He former Chairman COCHRAN. I commend should be increasing: predisaster miti- was the principal analyst for the them for their excellent leadership. gation efforts—not cutting them. Homeland Security and Labor-HHS- However, following the terrorist at- We should be doing the disaster plan- Education appropriations bills. He was tacks on 9/11, the Madrid and London ning now so that if there is a terrorist a good friend. He was a fine teacher for train bombings, many other bombings attack in a major city such as Wash- many of our Senate staff. To his wife such as those in Bali just a few days ington, DC, that produces a mass evac- and three children, I extend my hand in ago, and Hurricane Katrina, Congress uation, there will be pre-positioned your time of grief. Bob was a fine pub- should be approving a more robust food, water, fuel, and communications lic servant. He will be sorely missed. homeland security bill. If there is one equipment to help the millions of af- With regard to the Homeland Secu- lesson we should all learn from Hurri- fected citizens evacuate safely. rity conference report, I again com- cane Katrina, it is that when you When less than 25 percent of eligible pliment the inimitable Chairman JUDD starve our Nation’s infrastructure and applications for firefighting grants GREGG. allow our emergency response capacity were approved last year, should we be I urge its adoption, and I yield the to wither on the vine, there are con- cutting firefighting funds by $105 mil- floor. sequences. There are consequences. lion? Why, that is sheer madness—mad- Mr. LIEBERMAN. Mr. President, it is There will be consequences. ness. That is sheer madness. May I say with regret that I oppose this con- In conference, I joined with Rep- to one of my favorite Senators of all ference report. resentatives OBEY and SABO in offering time, the Senator from Vermont, JIM I am a strong advocate of the need an amendment to provide $1.7 billion of JEFFORDS—one of my favorite Sen- for the Department of Homeland Secu- targeted investments for emergency ators—that is sheer madness. rity and its work. And as the ranking

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.013 S07OCPT1 S11278 CONGRESSIONAL RECORD — SENATE October 7, 2005 member of the Department’s lead au- I recognize that appropriators strug- ical equipment, especially communica- thorizing committee, I do not lightly gled with constraints imposed by the tions gear and training resources. This oppose this appropriations bill for the administration’s budget and had to is not the time to be cutting the re- Department’s vital work. But I feel I make difficult choices between many sources available for these vital pre- have no choice but to protest what I important homeland security needs. I paredness programs. consider to be dangerous and misguided appreciate that conferees fought to in- The second reason I voted against the cuts in the vital programs that help clude dedicated money for rail, transit conference report was because it adopts America’s first responders. and port security grants, as well as for a formula to distribute these funds Just weeks ago, we watched with hor- the Coast Guard’s Deepwater program. that is unbalanced, unpredictable and ror as our fellow citizens in Louisiana But I reject the premise that we must lacks accountability measures that are and Mississippi suffered the ravages of accept this as the best we can do for needed to ensure funds are spent wise- Hurricane Katrina. It was inevitable our first responders. It is not the best ly. Indeed, this conference report un- that a hurricane of that size and inten- we can do. It must not be the best we derscores the need for the bill Senator sity would cause hardship. But we can do. We know that the threats—nat- LIEBERMAN and I have developed, and know that the pain was far greater and ural or manmade—are real, and that the Senate overwhelmingly endorsed, the recovery far more daunting than it we are not yet ready to meet them. to ensure a stable level of funding for needed to have been if our Government Katrina has just underscored that les- all States. The approach taken in our had done all it could to prepare for and son. Two years ago, a distinguished bill would establish a formula that pro- respond to the catastrophe. We know task force chaired by our former col- vides a predictable level of funding— that preparedness planning was inad- league Warren Rudman told us that scaled to reflect the different needs of equate; that first responders lacked the our first responders were ‘‘drastically states—that will allow all States to equipment and communications they underfunded, dangerously unprepared’’ achieve essential preparedness and pre- needed to respond; and that first re- and that we would need close to $100 vention capabilities. sponders and officials did not have the billion over 5 years to meet critical We don’t know where the next ter- training and command structures they preparedness and response needs. Yet rorist attack will take place. There is needed to work effectively together to in the time since, we have only whit- no way to predict where the next hurri- help the many victims depending on tled away at these critical programs cane, tornado, or outbreak of pandemic them. And this for a catastrophic hur- influenza will occur. Therefore, we ricane that had been predicted in ad- rather than strengthening them. As I have said before, we have the best mili- must raise the preparedness of all vance. We can only speculate what pre- States to a minimum level of prepared- paredness and response to an unfore- tary in the world because we are will- ing to pay for it. We should not do less ness. seen catastrophic terror attack might Unfortunately, the approach taken for our defenses here at home. look like. by the conference report does not pro- We know, in short, that we have very I wish to go on record opposing this conference report because I believe we vide an adequate base level to help far to go before we are as ready as we States and localities establish min- must be for the threats ahead. So why must find a way to do more for our first responders and the communities imum levels of preparedness. Nor does are we now are asked to approve dra- it recognize, as our bill does, that some they serve. matic cuts in the very programs that States, because of larger or more dense could help strengthen these essential Ms. COLLINS. Mr. President, I rise today in opposition to the fiscal year populations, need more funding than capabilities? others to establish essential prepared- This conference report would cut the 2006 Homeland Security appropriations bill. I oppose this conference report for ness capabilities. three core first responder programs— Additionally, under the ad hoc ap- three main reasons. First, the funding the State Homeland Security Grant proach taken in this conference report, levels for first responder grants has Program, SHSGP, the Urban Area Se- States cannot count on a predictable been slashed to the lowest levels in the curity Initiative, UASI, and the Law stream of funding, which makes it im- post-9/11 era despite the evident need Enforcement Terrorism Prevention possible to implement the long-range for resources. Second, the bill adopts a Program, LETPP—by 28 percent—near- plans the DHS requires of them. We ly a third. The State homeland grants, formula for the distribution of first re- need a fair formula, in statute, that which make up the backbone of most sponder grants that is unpredictable, does not jump from year to year as is prevention and preparedness efforts, lacking in basic fiscal safeguards and currently the case. would be cut in half from fiscal year will leave many parts of this country Additionally, accountability meas- 2005 levels. And this comes on top of vulnerable. Third, this conference re- ures—like independent audits, robust several years of cuts to these accounts. port underfunds mass transit security. reporting requirements, and tying I know these cuts will leave unaccept- This conference report cuts the fund- spending to standards—are simply not able gaps in homeland security efforts ing allocation for State and local first in place. We need to adopt authorizing in my own state of Connecticut, and I responder grants from $1.1 billion en- legislation to ensure this funding is assume other States will also be unable acted in fiscal year 2005 to only $550 being properly spent. to achieve their preparedness and re- million for fiscal year 2006, an unac- It is disappointing that the appropri- sponse goals without more help from ceptable and unwise reduction. More- ators largely adopted the House posi- the Federal Government. over, the level contained in the con- tion on how to distribute this funding. By contrast, the Senate voted in sup- ference report is a full $270 million less This is particularly the case given that port of S. 21, a bill sponsored by Sen- than the amount requested in the ad- the bill Senator LIEBERMAN and I put ator COLLINS and me, to authorize a ministration’s budget request. Unfortu- together received the support of more significant increase in funding for nately, these reductions continue a than 70 Senators just this past July. these core first responder programs. downward trend. The overall amount of Finally, this conference report is The Homeland Security and Govern- homeland security funding for first re- flawed because it shortchanges vulner- mental Affairs Committee has also en- sponders and state and local needs has able areas, in particular, transit secu- dorsed legislation to create a new dedi- declined by $1.2 billion in just the past rity. The Committee on Homeland Se- cated grant program to help first re- 2 years. curity and Governmental Affairs re- sponders obtain interoperable commu- This is not the time to slash funding cently held hearings on this important nications equipment. This vital need— levels of these critical preparedness topic which revealed vulnerabilities in so painfully apparent on 9/11 and again grants. These Draconian cuts are par- our transit systems. The attacks in during Katrina and its aftermath— ticularly remarkable given the recent Madrid and London demonstrate that alone is estimated to cost billions of failures in the response to Hurricane terrorists are willing and able to at- dollars. Currently, first responders Katrina. That disaster clearly indi- tack transit systems; it is unconscion- must purchase interoperable commu- cated that this Nation is not as pre- able that we are not doing more to se- nications systems with these general pared as it must be and that Federal, cure our domestic transit systems. homeland security grants, making the State, and local first responders and Our Nation must make more progress pending cuts all the more distressing. emergency managers are lacking crit- in improving its ability to respond to

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.016 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11279 catastrophic disasters, whether natural need to increase the nationwide num- The PRESIDING OFFICER. Does any or from a terrorist attack. Congress ber to 53,000 screeners in order to keep other Member seek recognition? owes it to our constituents and to our wait times at the current average of The Senator from Wyoming. first responders to be more thoughtful about 10 minutes. Yesterday, President Mr. ENZI. Mr. President, I yield back in how we provide the resources nec- Bush in an attempt to rally public sup- time on our side. essary to improve our ability to deter, port for the war in Iraq stated that the The PRESIDING OFFICER. All time detect, and respond to threats facing Government disrupted 10 serious ter- having been yielded, the question is on our Nation. rorist plots since September 11, 2001. agreeing to the conference report. Mr. REED. Mr. President, today the Three of these plots involved hijacking The conference report was agreed to. Senate passed the Department of airplanes for suicide attacks. Yet, The PRESIDING OFFICER. The Sen- Homeland Security appropriations bill today, the Republican Congress cut the ator from Wyoming. conference report. The bill provides number of screeners serving our air- f $30.8 billion in discretionary spending ports. for the Department of Homeland Secu- Finally, the bill cuts funding for MORNING BUSINESS rity. While it is important that the first-responder grants for States and Mr. ENZI. Mr. President, I ask unani- Senate acted to pass this legislation, I local governments by about 17 percent, mous consent that there be a period of am concerned about the funding levels $680 billion less than last year, and morning business, with Senators per- provided for critical programs in this failed to include a formula to help en- mitted to speak for up to 10 minutes conference report. Specifically, the bill sure all states would receive adequate each. cuts funding for vital first-responders funding and protection. The PRESIDING OFFICER. Without grants, and fails to improve our Na- This conference report does not do objection, it is so ordered. tion’s transit and aviation security. enough to protect Americans from ter- Mr. ENZI. I suggest the absence of a I fear that we have failed to learn rorism threats or natural disasters. quorum. from the terrorist attacks in Madrid This is a continuation of the adminis- The PRESIDING OFFICER. The and London about the vulnerability of tration’s, and the leadership of this clerk will call the roll. our transit system. Yesterday’s ter- Congress, pattern of failure to learn The assistant legislative clerk pro- rorist threat against the New York from past lessons and invest in the es- ceeded to call the roll. City transit system further illustrates sential infrastructure necessary to Mrs. CLINTON. Mr. President, I ask the need to increase our efforts in this make our country safe. Is this the type unanimous consent that the order for area. Yet the conference report that we of belt-tightening the administration is the quorum call be rescinded. passed today includes only $150 million willing to accept in order to continue The PRESIDING OFFICER. Without for transit security grants. In June, to pay for irresponsible tax cuts? objection, it is so ordered. Mr. PRYOR. Mr. President. I rise Senators SHELBY and SARBANES and I today to express my displeasure with f sponsored an amendment to raise fund- the Homeland Security appropriations RELIEF FOR THE GULF COAST ing for transit security to more than $1 conference report. More specifically, Mrs. CLINTON. Mr. President, there billion. Unfortunately, the amendment the conferees’ neglect of formula based failed. But it is this level of funding, has been a lot of activity on the floor funding for State’s first responders over the last 24 hours. It has been fo- not $150 million, that is necessary to could produce dire results for small keep the Nation safe. cused on how best to help the people rural States such as Arkansas. along the gulf coast who have been dev- Every workday, 14 million Americans The conferees’ decision to cut this astated by twin natural disasters, take a train or a bus. We know that funding, by more than half, will make Katrina and Rita. There has been an transit systems and their riders are by it harder for smaller States to prevent, ongoing debate that took up the night their very nature prime terrorist tar- and more importantly, respond to here in trying to determine how best to gets. Subways, light rail, buses, and emergency situations either manmade provide the funding that the cities and ferries are designed for easy access and or natural. The events of the last 2 parishes in Louisiana and in Mis- to move large numbers of people effi- months alone go to show that first re- sissippi and Alabama and Texas need in ciently. sponders need to be prepared regardless order to begin to deal with their press- These are the facts: Numerous at- of where they are located geographi- tacks on transit; 6,000 transit systems cally. ing, urgent needs. in the U.S.; and 14 million riders every The conferees’ decision to cut first I rise because I well remember the workday. I don’t think anyone can say responder funding is even more frus- feelings that I had on this floor in the transit is not a target for terrorists trating seeing that the U.S. Senate a aftermath of the attacks we suffered on and should not be among our highest few months ago overwhelmingly passed September 11, 2001. It was an uncertain homeland security priorities. Yet the a Homeland Security appropriations and tragic time in our country. We Federal Government’s response to bill that went to great lengths to main- were attacked and we lost nearly 3,000 these facts has been underwhelming. tain a minimum base of first responder people. Eighteen acres were destroyed Indeed, the Federal Government has in- funding for all States. The formula in the heart of the financial capital of vested $9 in aviation security improve- which was created by Senators SUSAN the world. Hundreds of thousands of ments per passenger, but only $0.006 in COLLINS and JOSEPH LIEBERMAN was people lost their jobs. Businesses were public transportation security per pas- fair and would have provided stability shuttered, and there was great doubt as senger. Now, are aviation and transit to our Homeland Security appropria- to how we were going to obtain the re- the same and can we achieve the same tions process. I commend these Sen- sources to begin the recovery process. level of security in the open access en- ators for their hard work and regret I am grateful that in New York’s vironment of transit? No, but I doubt that their formula was ignored by con- hour of need, we had strong support in that the 14 million Americans who use ferees. this Chamber. I am looking at my dear transit every workday think that less The conferees’ actions will not only friend, the senior Senator from West than one cent is the appropriate do great disservice to small States’ Virginia, who came to our aid imme- amount to invest in transit security first responders this year, but they diately. In fact, he said he would be the Second, I am concerned about the have guaranteed that we will yet again third Senator from New York. cuts that the bill provides to aviation spend precious time next year working Mr. BYRD. Yes. screening. The bill would cut funding out a funding formula to allocate Mrs. CLINTON. I have never forgot- for the aviation security screener Homeland Security grant money. ten that. I am so grateful because he workforce by $125 million from the There are many other issues that we helped to shepherd through the Con- budget request. This cut will result in must tackle but an inability to reach gress the money that New York needed 2,000 fewer airport screeners nation- an understanding on this important immediately to meet its needs. wide, including cuts in the number of issue will keep us stuck in the mud and I am someone who believes that in a screeners in Rhode Island. Rather than that, Mr. President, is a disservice to time of natural or manmade disaster, cutting the number of screeners, we all States. Americans rally around each other. We

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.016 S07OCPT1 S11280 CONGRESSIONAL RECORD — SENATE October 7, 2005 take care of each other. We provided State for associated costs that could leagues from Louisiana. They are be- funds from all over the country to help not otherwise have received money tween a rock and a hard place. New York rebuild, just as we did after under the Stafford Act. This was an un- Mr. BYRD. Right. the Northridge earthquake in Cali- usual action taken at an unusual time. Mrs. CLINTON. Go home with noth- fornia, just as we did after hurricanes We had the strong support of then- ing or go home with a bad deal. in Florida, just as we did after forest chairman of the Environment and Pub- Mr. BYRD. Shame. fires in the West, just as we did after lic Works Committee, Senator JEF- Mrs. CLINTON. And a deal that has the great floods in the Middle West. FORDS, because 9/11 happened in that never been inflicted on any other city, There has never been a disaster of window when the Democrats were in State, or region in our country. the dimension of what we are facing the majority in the Senate. Chairman Mr. BYRD. What a shame. along the gulf coast. I believe I have a Jeffords stood with us to make sure we Mrs. CLINTON. Finally, Mr. Presi- small bit of understanding and empa- got what we needed without discrimi- dent, this is all being done in the name thy because of what we went through nating against New York City, without of the deficit. I know, I read the papers. in New York for what my colleagues, telling New Yorkers: You are just We have a lot of people who have dis- Senator VITTER and Senator LANDRIEU, going to have to figure out how you are covered the deficit up here. are facing. But what is becoming clear going to repay it, when you are not Mr. BYRD. Cut the funds for Iraq. Mrs. CLINTON. There are a lot of to me is that there is an effort under- even sure there is another attack com- other alternatives than imposing dis- way to make the recovery along the ing or what is going to be occurring in criminatory conditions on the Amer- gulf coast much more difficult than it the future. ican people—the American people needs to be. Mr. President, we are again facing an I have been stunned at some of the unusual time. Hurricane Katrina, and along the gulf coast. Mr. BYRD. Shame. demands that I hear coming from some then, of course, Hurricane Rita, dev- Mrs. CLINTON. Mr. President, to- of those in the Congress about what is astated New Orleans and the sur- gether we can do better than this. A expected from the people along the gulf rounding areas. The people of this re- gion deserve our full support. Instead strong America begins at home. coast and what kinds of funds can be Mr. BYRD. Right. made available to them. Like many of providing that support and helping these communities meet their needs, Mrs. CLINTON. And we should owe people, I have been touched, moved, our highest allegiance to the people and impressed by the passion and elo- the proposal before us actually re- stricts their access to funds by pre- who are in this country. And before we quence of my friend and colleague, the extend 100 billion more dollars in tax senior Senator from Louisiana, Ms. venting them from using principal for- giveness authorities that are part of cuts, and before we continue to run up LANDRIEU. She has valiantly fought for this deficit by funding the war and all the people who placed their trust in her current law. I know this has been presented appar- of the other associated expenses, let’s to come to this Capitol and represent get some responsibility back here and them in good times and bad. We are in ently by the leadership in the House as a take-it-or-leave-it deal. I know what let’s treat the people of the gulf coast a bad time. The people in Louisiana with the respect and dignity they de- and along the gulf coast need cham- a difficult position that puts our two Senators from Louisiana in because serve. pions. But no matter how eloquent a they are basically being told you can I yield the floor. single Senator is or two Senators leave here with $750 million with dis- Mr. BYRD. Hear hear. might be from a single State, they need criminatory conditions on it that make Ms. LANDRIEU. Hear hear. support on both sides of the aisle and your people second-class citizens com- The PRESIDING OFFICER. The ma- on both ends of the Capitol. pared to everybody else, or you can jority leader. We are about to be presented with leave with nothing. Well, that is a Hob- f legislation that for the life of me I can- son’s choice if there ever was one. not understand. This legislation in law COMMUNITY DISASTER LOAN ACT Mr. BYRD. Right. OF 2005 discriminates against the gulf coast. It Mrs. CLINTON. Bring nothing home says, for the first time ever, we will or bring something that is not going to Mr. FRIST. Mr. President, I ask put conditions on the Federal money help your hospitals, is not available to unanimous consent that the Senate that goes through FEMA to the people many communities because they are proceed to the consideration of S. 1858, and businesses of the gulf coast. not going to be able to borrow it in the the Vitter bill, which is at the desk, Mr. BYRD. Shame. Shame. first place because they cannot repay that the bill be read three times, Mrs. CLINTON. We will require that it. passed, and that the motion to recon- the money be repaid. As Senator Mr. BYRD. Shame. sider be laid upon the table. LANDRIEU has said in this Chamber: It Mrs. CLINTON. I came from a meet- The PRESIDING OFFICER. Is there is a little bit of a catch-22, isn’t it? You ing where a number of business execu- objection? say to hard-pressed sheriffs offices in tives along the gulf coast are des- Mr. REID. Reserving the right to ob- parishes, to municipal governments in perately trying to figure out what they ject. towns and in New Orleans and along are going to do. Entergy in New Orle- The PRESIDING OFFICER. The the gulf coast, you say to them: You ans has just taken bankruptcy. They Democratic leader. must repay this money. So before you said if they have to put the costs they Mr. REID. Mr. President, let the borrow it to keep your police and your are accruing into the rate base—which Record be spread with my admiration fire departments up and going, before they have to do under these cir- for the senior Senator from the State you borrow it to have your public util- cumstances—rates are going to rise 200 of Louisiana for her tireless work on ity departments begin to do the work percent. behalf of the people of Louisiana. I they need to to get the reimbursement What are people with no jobs and no think most all of us would agree that they require, you must have a plan in businesses—and we will not even give this bill is imperfect, and that is an un- place to repay it. them an unemployment compensation derstatement. But I so appreciate the Mr. BYRD. Shame. extension, we will not pass the Med- enthusiasm, the diligence, the hard Mrs. CLINTON. I am bewildered. I icaid emergency application process work of my friend from the State of don’t understand why we are turning which we used in New York—going to Louisiana, Senator LANDRIEU. the people of the gulf coast into sec- do? We had a one-page Medicaid eligi- Also, once this bill passes—and it ond-class citizens. bility program that got people back will pass—I think the focus then moves After 9/11, in addition to the normal into a position where they could get to the other side of the Capitol. I hope disaster relief funds provided in the their health needs met. We are not those people who are listening to this wake of that tragedy, the Federal Gov- doing any of that for people along the who have connections with the admin- ernment designated $20 billion to assist gulf. istration would assist us in getting the the New York City area. This was the Mr. BYRD. Right. House to do the right thing: not only first time FEMA received authority of Mrs. CLINTON. Mr. President, I have pass what we have done here, but hope- this type to reimburse the city and the the deepest sympathy for my col- fully take out this provision which I

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.017 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11281 think is different than the people of money to Clifton, AZ; we have lent I have been told we can always do the State of Louisiana thought they money to Albian Borough, PA; we have that; we always have that power, and would get. lent money to Vassar, MI, in my home we do. It is implicit. But I think we I hope that by the time the House State. should make it explicit to give people closes business today, we have a better There are occasions when those loans the assurance that in addition—it is product than what we have here. I also have been forgiven, and in the ones I bad enough to be victims of this hurri- think it is important for me, having just listed—and I want the majority cane; it is doubly bad to be victims of expressed my appreciation to the Sen- leader to understand the depth of the discriminatory language. And we are ator from Louisiana—I acknowledged feeling on this issue because it can hap- not going to walk down that road. We the senior Senator, but I acknowledge pen to any of us—the loans I just list- are going to hold our hand out to you the work of the junior Senator from ed, including one to my home State, and not insult or offend at the same Louisiana. They have worked together. have been forgiven when they met the time. I understand that. It is a difficult situ- conditions of the Stafford Act for for- I ask the leader whether he would ation in which we find ourselves based giving loans. amend his unanimous consent proposal on that storm none of us anticipated, But now we are telling the victims of to strike the word ‘‘not’’ on page 2, line at least I did not. the worst disaster we have had in this 10, and substitute the words ‘‘only with country that the Stafford Act provi- We are going to have to continue to the approval of the Congress’’? work our way through this. Even sions, which, under certain cir- The PRESIDING OFFICER. Does the though the devastation of the storm cumstances, could permit the forgive- majority leader so modify his request? has left the mind’s eye of most people ness of a loan, will not be available to Mr. FRIST. Mr. President, I object to momentarily—and it is only momen- them. My amendment does not turn the request. tarily—it is so easy to conjure up in this loan into a grant. The PRESIDING OFFICER. Is there If my amendment is accepted, it our minds the images we saw—we sim- objection to the majority leader’s would provide that the same terms and ply need to help those people who have original consent request? conditions under which this loan is Mr. CARPER. Reserving the right to been forced to leave their homes and made will be the terms and conditions take their children to other places. object. that have been applied to other loans. Mr. FRIST. Mr. President, regular It is a terrible situation, and we need To discriminate against these people order. to help. This is a first step in helping, who have been so victimized, to me, is The PRESIDING OFFICER. Regular even though, as the Senator from New unthinkable—that we would single order being called for, the Senator York so clearly opined, this is not the them out for discriminatory language. from Delaware must object or not ob- best solution. It is a solution. I don’t believe we can operate this way, ject. I again want the RECORD to be spread and I don’t believe the House would re- Mr. LEVIN. Parliamentary inquiry. with the fact that I appreciate the ject our language if my amendment is work of the Senators from Louisiana, The PRESIDING OFFICER. The Sen- accepted. ator from Michigan. especially my friend, Ms. LANDRIEU. The Senator from Delaware and I Mr. LEVIN. Does the Senator from Mr. LEVIN. Reserving the right to went over to the House last night. We Delaware or any other Senator not object. talked with the chairman of the Appro- have the right to reserve the right to The PRESIDING OFFICER. The Sen- priations Committee, and he indicated object? ator from Michigan. that the language which I am going to The PRESIDING OFFICER. It is not Mr. LEVIN. Mr. President, first, I suggest would be acceptable to him. He a right to reserve the right to object; it ask unanimous consent that I be al- didn’t speak for the whole House, obvi- is an indulgence of the Chair. lowed to explain an amendment which ously, and if the Senator from Dela- Mr. FRIST. Mr. President, regular I am going to ask the majority leader ware chooses to comment on this, I to accept as part of this unanimous order. think he will restate what I just stated The PRESIDING OFFICER. Is there consent request, and that I be allowed as being accurate. objection to the unanimous consent re- to proceed for 4 minutes to explain My request, my plea, is that we adopt quest by the majority leader? what this amendment does. language which strikes the discrimina- Without objection, it is so ordered. The PRESIDING OFFICER. Without tory provision which allows the Staf- The bill (S. 1858) was read three times objection, it is so ordered. ford Act forgiveness to be considered and passed, as follows: Mr. LEVIN. Mr. President, we have with these loans the way it has been all gotten up on this floor and talked considered with all other loans. That is S. 1858 about the urgent necessity of helping my plea. And my plea is incorporated Be it enacted by the Senate and House of Rep- the people of Louisiana, Alabama, Mis- in an amendment. resentatives of the United States of America in sissippi, and Texas. We have all been on My amendment, which I ask the ma- Congress assembled, this floor talking about the uniqueness jority leader to consider, would strike SECTION 1. SHORT TITLE. of the disaster which is called Katrina. This Act may be cited as the ‘‘Community the word ‘‘not’’ in the bill where it Disaster Loan Act of 2005’’. Every one of us goes back home. We re- says: SEC. 2. DISASTER LOANS. ceived into our homes, our churches, . . . that loans may not be canceled. (a) ESSENTIAL SERVICES.—Of the amounts our synagogues people who have been Strike the word ‘‘not’’ and substitute provided in Public Law 109–62 for ‘‘Disaster displaced by Katrina. Our people have the words ‘‘may be canceled pursuant Relief’’, up to $750,000,000 may be transferred responded magnificently to this dis- to the Stafford Act,’’ and with an addi- to the Disaster Assistance Direct Loan Pro- aster, to this catastrophe back home. tional requirement, ‘‘with the approval gram for the cost of direct loans as author- Now the question is whether we in of the Congress.’’ ized under section 417 of the Robert T. Staf- the Congress are going to be helpful to I suggest we add an additional safe- ford Disaster Relief and Emergency Assist- the victims in a way which we have guard, the safeguard of the Stafford ance Act (42 U.S.C. 5184) to be used to assist been helpful in so many other disasters local governments in providing essential Act, which has been applied to all services: Provided, That such transfer may be of a smaller magnitude by providing a other loans, but in addition to that, made to subsidize gross obligations for the loan so that operations can continue, add a requirement that if there is for- principal amount of direct loans not to ex- or whether we are going to incorporate giveness, it could only happen with the ceed $1,000,000,000 under section 417 of the a provision in this loan which has approval of the Congress. That is a Stafford Act: Provided further, That notwith- never been incorporated before in any double safeguard. That still would sin- standing section 417(b) of the Stafford Act, loan ever made to a community that gle them out as no others have been the amount of any such loan issued pursuant obtained a loan under this law. singled out, but at least it would keep to this section may exceed $5,000,000: Pro- We have never imposed this restric- vided further, That notwithstanding section the possibility explicit in the bill that 417(c)(1) of the Stafford Act, such loans may tion that is in this bill on any commu- under the circumstances that are pro- not be canceled: Provided further, That the nity in this country. We have lent vided for every other loan, that these cost of modifying such loans shall be as de- money to Ricksburg, ID; we have lent loans might be forgiven should Con- fined in section 502 of the Congressional money to Johnstown, PA; we have lent gress so choose. Budget Act of 1974 (2 U.S.C. 661a).

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.019 S07OCPT1 S11282 CONGRESSIONAL RECORD — SENATE October 7, 2005 (b) ADMINISTRATIVE EXPENSES.—Of the they can sustain essential services, po- these funds to $5 million per entity of amounts provided in Public Law 109–62 for lice and fire and hospitals and the like. local government. We are blowing well ‘‘Disaster Relief’’, up to $1,000,000 may be That is vitally important. past that, and there are significant transferred to the Disaster Assistance Direct When others have been filibustering, Loan Program for administrative expenses numbers of local government entities, to carry out the direct loan program, as au- making speeches, and delaying, par- such as the city of New Orleans, that thorized by section 417 of the Stafford Act. ticularly in the last 24 hours, I tried to will be able to get loans way in excess Mr. CARPER. Mr. President, I ask do something constructive. What I did of that, perhaps 10, 11, 12 times in ex- unanimous consent to address the Sen- is what I have done for the last 10 cess of that in the case of the city of ate for 5 minutes. days—working on this vital issue, try- New Orleans. That is discriminatory The PRESIDING OFFICER. The ma- ing to get something meaningful, im- because it has never happened before. jority leader. portant, and positive done. When oth- It is discriminatory in our favor be- Mr. FRIST. Mr. President, for the ers gave speeches about what the per- cause we needed it. last 24 hours, we have dealt with an fect language would be, I actually So there are many provisions in this issue that centers around the Vitter talked to other folks who were clearly version of the bill that were discrimi- bill and the proposal to appropriately going to be involved in the process at natory in our favor because these are be able to modify, increase the the White House, at OMB, and in the unusual circumstances and call for ab- amounts of loans and loan programs. House of Representatives to under- solutely dramatic action. So I am We have struggled to come to the point stand what the best language would be proud of being able to negotiate those. we have today, which maximizes our that we could hopefully pass this week. I accept this other provision because, likelihood, having just passed the I continued that work last night, again again, what is important to real people Vitter bill, to get language to the as others were giving speeches and in the real world in the real devastated House of Representatives before they holding up action. I continued that area is that we get real help to them leave today so that we can respond to work talking to dozens of people to try today—not give a speech, not fili- the very real needs of the local commu- to get something important and sig- buster, but get real help to them today nities in New Orleans. nificant done. Across the board, that and not simply pass it off for 2 weeks We have been working actually for included Members here, members of or a month. I am hopeful that is what about 10 days on the specific issue of the administration, and Members of this bill which we have just passed being able to support local govern- the House. through the Senate will do. ment, law enforcement, and hospitals. Senator LEVIN, the distinguished It has not yet cleared the House, and The step we just took in passing the Senator from Michigan, mentioned one immediately from this floor, I will go Vitter bill maximizes our chance today conversation with the chairman of the to the House and continue my discus- of getting a bill to the House, which we House Appropriations Committee. I fol- sions which were begun over a week will do, of having the House address it lowed up with the chairman of the ago with House leaders, House Mem- in the next few hours, and having this House Appropriations Committee. I bers, to try to ensure that this type of relief being made available to the peo- talked to him after that conversation, strong, effective action actually hap- ple of New Orleans. and it was crystal clear to me from my pens today. There have been a lot of suggestions conversation with him that significant I thank the Chair for his indulgence. in terms of language and changes in elements of the House of Representa- It certainly was not my plan or my ac- words, all of which is fine, and some of tives needed to see that at least at the tions which caused this 24 hours of ob- the language is even very reasonable in front end, this was a loan program. We struction, filibuster, and frustration. I terms of the language itself, but after can talk later about what we will do at share that frustration, and I thank ev- discussions with Republican leadership, the back end, how things proceed, what eryone who has worked constructively the administration having fully vetted the financial picture looks like in the on trying to get something done, ev- the language that is in the Vitter bill, future, but at least in the front end, it eryone here, everyone in the U.S. I strongly believe that this gives us the is very clear that they want to frame it House, everyone in the administration, best chance to respond to the very real as a loan program. That is the only and OMB, whose help put that to- needs of the people of New Orleans. reason I accepted that language, be- gether. The PRESIDING OFFICER. The Sen- cause I actually want to do something. I yield back my time. ator from Louisiana. I actually want to get needed help The PRESIDING OFFICER. The Sen- Mr. VITTER. Mr. President, the last today, not in 2 weeks when it will be ator from Michigan is recognized. 24 hours has been a frustrating and dis- too late for so many of those commu- Ms. STABENOW. Mr. President, I appointing time for me, quite frankly— nities and local jurisdictions of govern- rise today first to pay tribute to the frustrating because as we face an un- ment that need to preserve their po- senior Senator from Louisiana for her precedented crisis along the gulf coast, lice, fire, and hospital services. That is courage, her strength, and her resolve. some elements of the Senate have the only reason I have focused on this I have been so amazed and impressed at acted as they often do by giving particular version of the bill and that the way she has been willing to con- speeches and filibustering. particular language. tinue to be on this floor, regardless of When I ran for the Senate last year, Several speakers on the other side how tired she became, in order to fight that is what I heard the most from real called it discriminatory. Let me ex- for the people of Louisiana. I hope ev- people in real life in real towns and cit- plain a few other ways in which it is eryone in Louisiana understands what ies across Louisiana. They did not get discriminatory because it is discrimi- she is doing on their behalf and on be- that disconnect. There were real issues natory in at least three other ways, half of all of those in the entire gulf re- on the ground they had dealt with and I am pretty darn proud of being gion. every day in their lives, and yet so able to negotiate those three other dis- What is so disappointing for me is to often the response of some in the Sen- criminatory provisions. No. 1, for the see that this has not been a bipartisan ate was to give speeches, to obstruct, first time ever that I am aware of, ever effort. It seemed reasonable to me. I and to filibuster. So I have to say par- in history, we are moving emergency represent Michigan, and fortunately we ticularly in these circumstances, when Stafford Act funds that have already have not been in a situation like my my State and the gulf coast face un- been appropriated by the Congress into colleagues from New York or the gulf precedented obstacles and hurdles, it this community disaster loan program or California. So far—knock on wood— has been frustrating to get that re- under homeland security so it can be we have not had to face that kind of a sponse from the other side in the Sen- used for ongoing expenses, ongoing sal- catastrophe. But I found what the Sen- ate. But we have moved through that, aries, and other expenses of local gov- ator from Louisiana was asking for and I am glad. ernment. That has never happened be- very reasonable. Just a few minutes ago, we sent over fore. That is discriminatory, and I am On a bipartisan basis, we have appro- to the House a significant measure to proud of that discriminatory provision. priated $61 billion to be used through try to get some immediate relief to Secondly, we are lifting the cap on FEMA. We assumed it would be already local governmental entities so that this program that ordinarily limits being used for the things the Senator

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.017 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11283 talked about. I was shocked to learn what this is all about. Let me try to and unlike the loans that were ex- that those funds had not been released simplify it as best I can. tended to all the communities listed on to help local communities, as we have Over the last month or so, the Con- this sheet of paper whose loans were been told, and that the process was not gress has appropriated some $61 billion forgiven and did not even require our moving as it should when people are so to be used to assist in the reconstruc- action or OMB’s forgiveness, we say desperately in need of support, whether tion, the aid, and the housing of a lot with respect to the folks on the gulf it be the small businesses, the families, of people whose lives have been dis- coast: We are not going to forgive your the seniors, the cities. rupted and in some cases destroyed. loan. When the Senator from Louisiana There are a number of cities, towns, CARL LEVIN—Senator LEVIN—and I asked us for a very modest request of and jurisdictions within that region spent a good deal of time last night allowing $1 billion of $61 billion to be where their revenue base—the ability trying to put together a compromise. I used directly and immediately to help to raise taxes and to provide essential appreciate very much the cooperation those who have been so devastated, we services—is gone. Of that $61 billion, of Senator LANDRIEU to help find that do not have bipartisan support for FEMA is not authorized to extend or compromise and Senator VITTER and that. I was very disappointed that both lend that money to those cities or certainly Senator FRIST. Senator LEVIN Senators from Louisiana were not towns or jurisdictions without our au- and I, at the midnight hour last night, standing together for that, very sur- thorization. were down in the House and found Con- prised that instead what we see is an The legislation that is before us gressman LEWIS, the chairman of the alternative that comes back that is not today would authorize the movement Appropriations Committee, and said to only less than what is needed but has of about $750 million from FEMA to be him: What if we provide a change in restrictions that have not been put on able to lend that money to some of language in this bill so, in order to for- other States and other communities. these cities, towns, parishes, and juris- give a loan that FEMA would make The caps being talked about being dictions so that hospitals can be helped under the authorization of this bill, it raised in terms of loans have been done and police, fire services, and other would require an act of Congress? The before, but it is my understanding that services can be extended even though Senate and House and President would no community has been asked before to the revenue base has dried up under all have to concur in that forgiveness. guarantee a repayment on those loans. of this water. He said he thought that was a reason- Historically, when FEMA has been I do not know why anyone would sup- able idea and thought even the House given the authority to extend this port that kind of an effort for their might go along with that. money, to lend money to other commu- State or their communities to be treat- I am disappointed to hear this morn- nities, other cities, other States, the ed differently than other States or ing that is not going to happen. Sen- loans have in some cases been forgiven. other communities. ator FRIST, last night in conversation It did not require an act of Congress to If I were in that position, I would not after midnight with Senator LEVIN and do that. It did not require any par- want to say to my folks: I trust you me, said he thought that was a reason- ticular action by OMB or certification less than I trust the folks in New York; able idea. He couldn’t commit himself by OMB to do that. It occurred under I voted for a different set of rules for to make it happen, but he thought that the law. The loans were forgiven. what happened in New York, what hap- was a reasonable approach, and, frank- Senator LEVIN mentioned earlier ly, I do, too. For the life of me, I do not pened in relation to Washington, DC, that a number of jurisdictions, a num- see why that is not acceptable. and the Pentagon. I certainly would ber of local government borrowers bor- If we were to include language—and not want to be in a situation of saying rowed money extended through FEMA we are not going to get the chance do that I would vote for rules that were to help these communities in their this because Senator LEVIN’s amend- penalizing my own people or saying we most tough times, in Idaho, in West ment is not going to be made in order, do not trust you as much as we trust Virginia, Pennsylvania, Alabama, Ari- but if we were to include language that people in other places. So I am sur- zona, and others. They did not have to said an act of Congress was required in prised and disappointed, and I know come and ask for an act of Congress to the senior Senator from Louisiana, Ms. get that forgiveness. They didn’t have order to forgive loans made by FEMA LANDRIEU, is as concerned, surprised, to go to OMB and say please forgive to these jurisdictions in their hour of and deeply disappointed, certainly, as I this loan. The loans were forgiven. need, that is a very high standard. It is am and more than I am because she is Senator CLINTON spoke a bit earlier a standard we never set for these com- working on this every single day. as well and talked about the generous munities. It is a standard we never set I just want to indicate that we could assistance that the taxpayers of this for New York. have done better, and I believe working country provided to New York City on The greatest irony to me is, going together America can do better. I be- the heels of 9/11. Mr. President, $20 bil- back, we didn’t require an act of Con- lieve we can do better for the people of lion was the amount of money, almost gress or intervention of OMB to enable Louisiana and the gulf coast than what a direct infusion. I thought it was loan. the forgiveness of these loans. Going has been offered and passed here today. For all these years I thought it was a forward, as I read the legislation— I know the senior Senator from Lou- loan that was forgiven. I was wrong. It going forward, if you are from Dela- isiana has worked very hard in order to was a grant—just a gift to the people of ware or from Michigan or if you are put forward proposals that are better New York as they struggled to recover from Georgia and your communities and that would do better than what has from their tragedy. seek a loan from FEMA in a similar been achieved today. The tragedy that has fallen on the situation, an emergency, moneys that I commend her once again and thank folks along the gulf coast is every bit have been authorized and appropriated, her on behalf of all of us who at any as bad for a lot of them as what hap- you don’t have to get an act of Con- moment could find ourselves in the pened in New York on 9/11. Yet we are gress to have that loan forgiven. You same situation, could find ourselves not prepared to provide a grant to don’t have to get any special approval fighting for our people because of a those communities, those cities, so from OMB so the loan can be forgiven. devastating attack or natural disaster. they can provide essential services. It can be forgiven. I hope I would have the courage of con- Frankly, none of us are calling for Yet in this case, with respect to the viction, the compassion, and the doing that. Gulf Coast States, we do not allow that strength that the Senator from Lou- FEMA has all this money we pro- to happen. Going back in time and isiana has shown and I know will con- vided them. Absent some legislation going forward in time it looks to me as tinue to show. today, they are not able to extend any if we protect the rest of us. We allow I yield back. of that money to help these commu- for the loans to be forgiven for the The PRESIDING OFFICER. The Sen- nities and cities. The legislation is de- other 49 States or 48 States. But not in ator from Delaware. signed to say we are going to allow this case. That does not make sense. Mr. CARPER. Mr. President, folks FEMA to extend those loans. That does not make sense. who might be watching this debate But unlike the way we treated New As we move to pass the legislation, I across the country may be wondering York, which got a grant, not a loan, echo what some of my other colleagues

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.022 S07OCPT1 S11284 CONGRESSIONAL RECORD — SENATE October 7, 2005 have said. We can do better. When we 150 years in schools, were then thrust when a category 5 hurricane comes have an opportunity to return, in a together in the 1960s and 1970s. I be- bearing down on you—he stood there week or so, my earnest hope is that we lieved that law, and I still believe this on the bridge with me and at the mo- will do better. law, could help lift those who had lim- ment—if I could have scripted it myself In closing, I say to my friend and col- ited opportunities. I have worked with I could not have done it any better, and league, Senator LANDRIEU, it has been Senators on both sides of the aisle, for people who were not there are not an honor to stand by her side in this the 8 years that I have been here, to going to believe what I am going to say struggle. The people of Louisiana are try to craft and negotiate some of the but I have a lot of witnesses—at the fortunate to have Senators with that toughest legislation the Senate has very moment I was pointing to the kind of passion and care for them. I seen—compromise on missile defense, Leeville Bridge, a shrimp trawler came hope, as we go forward working with compromise on Corps of Engineers to in, lifted their nets up as they do—they Senator VITTER, we can get to an out- move a WRDA bill. I worked for 10 look like butterflies out on the gulf— come that is fair to the people you rep- years to compromise the Conservation they lifted their nets up and ran into resent. and Reinvestment Act where 4,500 or- the bridge, with Senator JEFFORDS on I yield the floor. ganizations in this country, from the it, and shook the bridge and shut it The PRESIDING OFFICER. The Sen- most liberal to the most conservative, down like that. ator from Louisiana. came together one time on one bill to The words had just come out of my Ms. LANDRIEU. Mr. President, I provide coastal money for all the com- mouth: Senator JEFFORDS, not only is thank, so much, the Senator from munities in the Nation: 10 years of the road a problem but when the hurri- Delaware who, before he was a Sen- meetings, 10 years of phone calls, 10 cane comes, if this bridge shuts down, ator—because he wasn’t born one ei- years of speeches, 10 years of pleas, 10 there is no way out. And the shrimp ther—was a Governor of Delaware. Be- years of press conferences, 10 years of trawler hit the bridge. fore he was Governor, he was a husband alliance building, only to get down to He said to me, laughing with his good and a father, which he still is. I know the last minute some years ago to be sense of humor: Senator, don’t you he does a magnificent job at family and told, with 72 signatures on that bill at think you went a little too far to make in the Senate because I have seen him the last minute, 5 years ago: Senator, your point? here at late hours. Last night this Senator from Dela- we cannot bring your bill up, there is And we had a big laugh about it, not ware, who does not, obviously, have a an election around the corner and it that I laughed about the shrimp trawl- dog in this hunt, stood through the may have repercussions for one or two er, but we literally cannot believe that night and negotiated with myself and people here. We can’t do it. and have talked about it for 3 years. You could have taken a knife and with my colleague from Louisiana, Our strength is found at home in our stabbed it in my heart, but I stood neighborhoods, in our churches, on cor- with Senator FRIST, with Senator REID, and we negotiated and offered one com- there and took it, not because it was ners, in our workplaces, and in our promise after another in meetings, on me but because the people I represent I places of worship. Right here is where the telephone, on the floor, when we knew were getting a bad deal. But in our strength is found—not in anyplace could speak—because speech was lim- my heart I knew that I and our delega- overseas, right here at home. ited last night. Despite the notion that tion had literally done everything we I am going to wrap up by showing is out there that Senators can speak could possibly do. When it came to the you pictures of the homes to make my any time they want, the rules of the end, the death was quick. point. This is our home on the gulf Senate actually prevent Senators from When I got back in the next session, coast. After the photographer took this speaking. So I was not able to speak as after my State had been stabbed in the picture, the commentary in the Na- much as I would have liked through heart and left for dead—which we have tional Geographic magazine was some- the night last night. When I was not died, through this hurricane—I started thing like: It looks like a weapon of able to speak on the floor, we were in putting yet another bill together be- mass destruction went off on the gulf meetings, in phone calls, speaking with cause there is nothing wrong with me coast. This is exactly what would hap- the White House and the House leader- that I don’t know how to work through pen if a weapon of mass destruction ship and Republican colleagues and difficult situations. My family has would go off, except you wouldn’t have Democratic colleagues, trying to work been doing it a very long time. the trees and maybe the beach would through this situation. I thank Senator CLINTON for her re- be a little disheveled. That is what it We put our best efforts forward. We marks. She obviously understands looks like. It was a storm of massive are now down to this time, which is ba- what the people of New York went destruction. sically the end of this debate, having through. I also thank Senator SCHU- Our strength begins at home. passed a bill by Senator VITTER and MER. Although he was not here in per- The underlying bill is sending $415 Senator FRIST that will basically allow son, he was here in spirit. He and Sen- billion overseas. We ask for a loan pro- us to have the loans we seek, loans ator CLINTON stood by the Republican gram of $1 billion already allocated that are so necessary, but a bill that mayor at the time, Rudy Giuliani, lift- under the same terms and conditions forces us to take it in a discriminatory ed him up and helped him. No second- that everyone in America has received. fashion. guessing; they helped him and they And we are told no. It was too much to I believe this Senator has shown, on lifted the city up. do. many occasions, a willingness to com- I thank Senator JEFFORDS, who has I am going to close with this. promise and to work through difficult been a champion. He stood at the This is a picture of New Orleans. It situations. I helped negotiate No Child Leeville Bridge with me. I have been on doesn’t look like this today because all Left Behind on this floor, one of the so many trips down to Louisiana I lose the water has gone down. But when premier centerpieces of the current count, but one of them I remember people say, Why can’t you be a little President’s administration, of his agen- very well. Senator JEFFORDS came bit more self-reliant, I am not sure any da, even when half of my caucus was down with me, so far to the bottom of city in America could stand itself up opposed—not sort of opposed but very Louisiana if he had taken one more by itself with no loans, no grants, with opposed. But I knew what was best for step he would have been in the Gulf of the police force being laid off, a fire de- Louisiana was to move forward because Mexico. There is not much down partment being laid off, city workers we had already gone down the road of there—no big cities, no big money, no being laid off, an electric company tak- accountability. It was showing some big press conferences. There is hardly a ing bankruptcy, no water in the pipes. results. The children in my State were camera at the end of LA–1, at Port And when we come to ask for a loan, learning. The gap between the rich and Fourchon, but Senator JEFFORDS went. we are told: Sorry, there is no money the poor was closing, not because the He stood there, and while I was ex- in the Treasury. We have made other rich were coming down but because the plaining to him the difficulty of get- arrangements for the taxes that you poor were coming up. ting people out in an evacuation for a have paid over the last 300 years. White children and Black children, hurricane on a highway that goes un- Let me submit for the RECORD a let- who had been by law separated for over derwater when there is rain, let alone ter from the U.S. Conference of Mayors

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.036 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11285 which they sent to this Senate. They make sure our cities are safe and our nation We went down to see and learn first- said: prospers. hand about Hurricanes Katrina and Sincerely, We greatly appreciate Congress’ attention Rita damage to the energy infrastruc- BEVERLY O’NEILL, ture. There is a great deal of work to to America’s cities devastated by Hurricane Mayor of Long Beach, President. Katrina, and now Hurricane Rita, and to TOM COCHRAN, be done, and there is a great deal of those cities home to hundreds of thousands Executive Director. courage and confidence that it can be of evacuees. The leadership of the U.S. Con- done. We need to find ways to make Ms. LANDRIEU. Mr. President, I ference of Mayors, convened in Long Beach that recovery go right. have shown all the pictures I can show on September 22–24, resolved that Congress Yesterday, my committee held a must pass legislation to provide direct fiscal for the week. I have done all the talk- hearing where we heard from energy assistance to cities devastated by Hurricanes ing I can do for today. But I can prom- industry witnesses who have been im- Katrina and Rita— ise you this. This talking will continue pacted by the hurricanes. The main and these meetings will continue and All cities, cities that are Republican message of that hearing was we are in this debate will continue. It is not cities and cities that are Democratic troubled energy times, particularly on going away. cities, communities that do not vote the natural gas front. The CEO of DOW The leadership of the House of Rep- for Democrats and communities that Chemical Company painted a very resentatives needs to be put on notice do not vote for Republicans—all cities. bleak picture for American industry. Most importantly, we urge the Senate to that this debate is going to go on for a Our industries that rely on natural reject language that would for the first time very long time, until we get relief, re- gas both as a fuel and a feedstock have in history remove the possibility that com- covery, respect, and the dignity that hard choices before them about how munities’ disaster loans be forgivable, if we deserve as American citizens from and where they will base their oper- needed, due to the dire situation many of the Louisiana to Texas to Alabama to Mis- ations. In the U.S., natural gas prices impacted cities will continue to face in the sissippi and the people whom we rep- months and years ahead. are close to $14. In China, it is less than resent, Black and White, rich and poor, $5. In Saudi Arabia, it is about $1. If we It goes on to say they are going to young and old, small and large busi- translated gasoline prices to the level keep a vigil. I hope somebody keeps the nesses alike, and our faith-based com- of increases faced by natural gas—we candle burning. munity, get the respect it deserves would be seeing $7-a-gallon gasoline at I ask unanimous that the letter be from the floor of this Senate and the the pump right now. printed in the RECORD. Congress of the United States, and gets At DOW’s St. Charles petrochemical There being no objection, the mate- the help it needs to get through and re- complex that I saw in Baton Rogue, I rial was ordered to be printed in the build. learned that every $1 increase in the RECORD, as follows: I assure you that we will rebuild this cost of natural gas means an additional coast. We will rebuild the gulf coast. It THE UNITED STATES $35 million a year in fuel costs for that CONFERENCE OF MAYORS, was paid for by a great President, single facility. Our manufacturers have Washington, DC, October 7, 2005. President Jefferson, at 3 cents an acre to compete in global markets. At those Hon. BILL FRIST, in 1803 where he borrowed money. He prices, they can’t. Majority Leader, U.S. Senate. knew what he was borrowing money The energy bill we just passed took Hon. HARRY REID, for. He had a good reason to borrow it, some good steps forward to address Democratic Leader, U.S. Senate. and he bought the Louisiana Purchase. DEAR SENATE LEADERS: these challenges but did not secure Andrew Jackson came and defended it. more natural gas supply that we have FISCAL AID NEEDED NOW FOR HURRICANE His statue never went underwater. available right here at home. CITIES, WITHOUT NEW STRINGS ATTACHED We will rebuild this region all In the area on the Outer Continental We greatly appreciate Congress’s attention through the gulf coast and into Lou- Shelf known as the nonleased portions to America’s cities devastated by Hurricane isiana—the ports, the energy infra- of Lease Sale 181 which is not under Katrina, and now Hurricane Rita, and to structure, turn our lights on again, and those cities home to hundred of thousands of moratorium, but which we are not al- keep the lights on all over America, to lowing leasing, there is approximately evacuees. The Leadership of The U.S. Con- try to keep people’s bills as low as we ference of Mayors, convened in Long Beach 7.2 trillion cubic feet of gas. In the on September 22–24, resolved that Congress can and keep their heat on this winter, areas more than 100 miles from any must pass legislation to provide direct fiscal which is approaching. Even if you do state coastline, 2 resources are esti- assistance to cities devastated by Hurricanes not give us one penny, even if you do mated to be approximately 6 trillion Katrina and Rita, as we stated to you in our not lend us money, we have been self- cubic feet of gas. letter of September 29. reliant for over 300 or more years. The This area can be leased administra- Most importantly, we urge the Senate to people here are pretty tough and it tively, without any legislative action. reject language that would—for the first takes a lot more than this to beat our At our committee hearing and during time in history—remove the possibility that spirit. yesterday’s press conference I urged community disaster loans be forgivable, if The bill is gone. It is the best we needed, due to the dire situation many of the the administration to reconsider this impacted cities will continue to face in the could do. It is not the best we could policy in light of our Nation’s natural months and years ahead. have done, but it is what we have. We gas crisis, which has seen a 121-percent As we learned during our recent fact-find- will live with it, but we will not stop price increase in just 1 year. ing mission to Louisiana, Mississippi and this debate. I will continue to work to cure more Alabama, the mayors of these cities have I yield the floor. domestic energy supplies, but in the lost most of their tax base and will soon be I suggest the absence of a quorum. short term all the witnesses the com- without the funds needed to pay first re- The PRESIDING OFFICER. The mittee heard from yesterday said con- sponders, public works employees, and other clerk will call the roll. servation is the most effective tool we key local personnel that are leading the re- The legislative clerk proceeded to covery effort. These local personnel are truly can use to deal with the present crisis. national assets in the recovery from Hurri- call the roll. If every American turns down their canes Katrina and Rita, and these cities Mr. DOMENICI. Mr. President, I ask thermostat just 2 degrees this winter, must not be allowed to go bankrupt. Without unanimous consent that the order for it could free up 3 billion cubic feet of a functioning local government, the private the quorum call be rescinded. gas per day. sector will be stymied in efforts to invest in The PRESIDING OFFICER. Without According to the DOW witness yes- the reconstruction effort, and it will be im- objection, it is so ordered. terday, that kind of conservation possible for volunteer relief efforts to be co- would be equal to having 3 LNG termi- ordinated and to function. f nals. In addition, we need to focus our If you would like to discuss this further, NATURAL GAS CRISIS please contact our Chief of Staff Ed Somers efforts on organizing the recovery on at (202) 861–6706 or [email protected]. Mr. DOMENICI. Mr. President, this the energy infrastructure, our wit- We look forward to working with you in week, Senator BINGAMAN, Senator nesses all stressed the need to give pri- the coming days, as together we strengthen AKAKA and I returned from Baton ority to restoration of natural gas the intergovernmental partnership needed to Rogue. processing plants.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.039 S07OCPT1 S11286 CONGRESSIONAL RECORD — SENATE October 7, 2005 The Congress and the administration gas, you convert it into the basic Let me tell you how important it is. must provide the leadership to make things that are used as feedstock for One of the largest employers in Amer- this recovery move quickly and smart- these industries. We are going to be in ica of high-paying, skilled, profes- ly. short supply in the short term because sionally trained jobs is the petro- Our witnesses all emphasized that we supply has been interrupted and the ca- chemical industry, the chemical indus- are in an energy crisis. pacity to deliver has been interrupted. try, Dow Chemical, a huge plant down Mr. President and fellow Senators, Those are going to get fixed in due there in the middle of Katrina. We the country is facing an enormous course, but in the meantime, we have went to see it. I won’t talk today about problem. I might even say, without re- dramatically used down our reserves, the heroics of trying to bring it back luctance, that it is a crisis. People because they are there to pick up when and save it and save their people. That might say: Well, Senator, you are talk- we don’t have natural supply coming. is another story. But yesterday the ing about Katrina, Rita. No. Katrina The offshore wells aren’t producing, so president and chief operating officer of and Rita have pointed out to us a crisis you have reserves to take their place. that great company came to our com- well beyond those two hurricanes, and But the reserves are being depleted, so mittee. He is reported in the morning’s that is that we have a very significant we are going to have much less reserve Washington Post in the business sec- shortfall in the natural gas that is capacity which means we may have in- tion with a detailed story about this needed to run our businesses and to use terim difficulties. crisis I am talking about. This gen- for our people during this ensuing win- But what has happened is, all of this tleman, Andrew Liveris, is a terrific ter. If something is not done, it might has pushed the price of natural gas up. executive. He gave us a very simple ex- be for a very long period of time. Believe it or not, at the beginning of ample which I want everybody to listen Now, it sounds almost impossible, if this week, the bid price was $14, where to. At this plant are 3,500 profes- just a few years ago it was $2, and 10 not incredible, that I would be here on sionally trained, skilled Americans days ago it was $7. Understand that it the floor saying this when just 4 or 5 with terrific jobs. How good? The aver- doesn’t sound like much if you are years ago, those who were in the busi- age is $70,000 plus great benefits for talking about 2 cents or 7 cents. There ness of producing natural gas and those each and every person there. They isn’t much difference between that 14 who knew about America’s energy situ- produce huge things. They gave us a ation were saying: There is plenty of cents. That is just a little change. Here is the problem: We had a hear- little box of them. They produce all natural gas. Don’t worry about that ing in the Energy and Natural Re- kinds of plastics, things you could marvelous product. sources Committee. I must say, as never imagine that they produce and So what we have done in the last 15 chairman of that committee, it lasted sell. The principal ingredient in mak- years is to say, since we don’t know 21⁄2 hours. It was probably as inform- ing their product is natural gas. how to clean up coal sufficient to meet ative a hearing as I have ever presided Without natural gas, all those work- our standards and because we worry over. Eight Senators participated. ers can go home. They can go home and about global warming, we will not They stayed there and listened to five say goodbye because they can’t oper- build any new coal-burning power- people talk about the crisis America ate, not only without natural gas, but plants. has with reference to natural gas, not if natural gas gets too high, petro- We have not built a nuclear power- only because of the aftermath of chemical plants can be located any- plant in over 20 years. So for the last 15 Katrina and Rita, but because we are where. They are not inherent to a piece years, at least 13 years, every new pow- using so much natural gas and we don’t of geography in the United States. erplant—that is these big monster pow- have enough production to meet the They are being sought after by every- erplants that generate electricity, 500 need. one in the world. That CEO told us on megawatts, 1,000 megawatts—is fueled We can’t sit around and listen to peo- the record: When I leave you, tomorrow by natural gas. Then the people of our ple who say: We don’t need any more I am going to China. You can’t tell country have found this is a marvelous supply. That is these old industry com- him: Don’t go to China. China wants to fuel for our kitchens, for houses, so panies that want to scare us, and they build a petrochemical industry. They more and more people are using nat- don’t need more supply. think the greatest in the world is this ural gas for our way of life, our great We need more supply. It is impera- one. Do you think he is going over standard of living. But what isn’t un- tive that we find more natural gas there to have a birthday party? He is derstood is that natural gas is such a some way. I will quickly tell you the going over there to talk business. great product that when you change its little bit we can do in that regard. I This is not a question of cheap labor. chemical makeup, you use it for a lot will acknowledge this hearing was at- It is a question of natural gas prices. of things. The entire fertilizer industry tended by witnesses representing the You understand, there may be natural of America is based upon natural gas as entire industry of oil and gas, a leading gas in China for $1. He is now going to one of the components. People don’t environmentalist, three other people have to pay, if this price stays where it know the entire chemical and plastic who know the problems of Katrina very was bid Monday, $14. Do you think he industry is built around and predicated well, and they were in harmony that will stay here? He can’t stay here, not and dependent upon natural gas. That we must conserve. So I don’t want any- only because he wants to go some- means not only is it imperative that body to think conservation isn’t a very where, he will go out of business here. we have it, but I am here today to sug- important part of this problem I am These are the numbers. Already 100,000 gest it is also imperative that it not be telling you about, this pending crisis of American jobs are gone, because 100,000 so high priced that it puts our busi- the rising cost of natural gas and the jobs were for their export business. nesses out of business. shortages that might occur. Every They can’t export because they are to- I had the luxury, as a Senator, to go chance I get and by every means avail- tally out of competition. The price is down and see the aftermath of Katrina able, I am going to try to remind the too high because of natural gas. So and Rita with my colleagues Senator Senate and anybody who will listen that part of American employment is BINGAMAN and Senator AKAKA of Ha- that we must understand this fantastic gone. But now there are almost 800,000 waii. We looked at the damage and the commodity called natural gas is not additional Americans. How many jobs energy infrastructure of all types that abundant in the United States. The can we lose and say it doesn’t matter? were destroyed or put out of business. price is going to go through the roof if It was suggested by this gentleman, They are going to have an immediate something isn’t done. who had a terrific analytical ability— impact because supply has been inter- I don’t have an answer right now. I he told us how all this works—if the rupted, both in the generation of elec- am working at it, but I don’t have an price of natural gas continues as we are tricity and in putting natural gas into answer. I want everybody to know, so talking about, 800,000-plus jobs will go. pipelines to deliver it to the United they are not surprised, that we under- They will not be able to stay open. States and to deliver it to our numer- stand anything that can be done should Add to that the fact that everybody ous petrochemical plants, plastics be done because the crisis is imminent. must understand you don’t see natural plants, and other things. Also the feed- If the price stays at $14, the crisis is gas on a gasoline pump. You don’t see stock, you convert things from natural imminent. day by day the price going up. When

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.019 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11287 you see gasoline go from $2 to $2.50, did not come out. So nobody has to in this country that we are great at. $2.80, $3, you say: Something is going worry about that. We can handle that. We are not going to be there very long. wrong. The increase in natural gas That is where the natural gas is. China is going to catch up, and then it price from where it was a year ago to I close by saying that we have been is not going to be cheap labor. It is where it was Monday of this week, if told by the experts that the best way going to be high technology and na- you transfer that into gasoline prices, to reduce this crisis would be to have tional gas. India is doing the same. gasoline would be priced at $7 a gallon. an immediate supply of natural gas. I was at an event last night. We used Think of what would happen to the That is not possible. We are going to to say how powerful we were. We know American economy and to everyday have to open a substantial number of where it is; it is in India. Reliance En- people if gasoline were $7. Everybody liquefied natural gas platforms or ports ergy has the largest refinery of crude who uses natural gas, in particular the around our country. And where they oil to refine into gasoline-related prod- industries that use it, are suffering are being delayed, we have tried to ucts. We sit here thinking we are the from that kind of an increase. Two solve that in our Energy bill. We are leaders of the world in everything. We years ago gasoline was at $1.69. What if going to push those local governments have been sitting somewhere for a long it went to 7? That is what has happened to quit the delay for delay sake and get time. I hate to say on what. But we to natural gas. on with letting us put some of those in surely have not been doing anything. If I am going to include in the RECORD so natural gas can come from foreign anything, we have been going back- a statement that gives further details countries, which I hate to say, but at wards. There have been no new refin- about this problem. But I suggest that least we can look at it and expect it. eries in the United States for more we must come to grips with the con- In the meantime, it is said that if we than two decades. That is almost in- servation. We are going to put some were to say to those who pay for nat- credible. ideas together. ural gas that we are opening parts of I thank the Senate for listening. I Let me say, if the American people the Outer Continental Shelf, just the will say again, this is probably the this winter were to reduce their ther- section 181 off the coast of Florida and most significant event confronting us. mostats by 2 degrees, do you think it Alabama, which I say now to the Presi- I regret to say there are no easy an- would be hard on everybody? I mean dent of the United States, Mr. Presi- swers. If there were, we would have just imagine, unless somebody is sick dent, you ought to sit down and figure done it, but we finally have come to and the doctor prescribes it, it would out a way through your Executive the understanding that it is major, it is be an enormous savings of natural gas order, through your pen, to open sec- big, it is serious. for the United States and for this pipe- tion 181, or portions of it, off the coast Mr. President, I yield the floor and line to deliver natural gas. Do you of Alabama and Florida. Do it, Mr. suggest the absence of a quorum. know the pipelines that come out of President. It might take a couple years The PRESIDING OFFICER. The Louisiana down there in that gulf, to produce. It is ready, so it will be clerk will call the roll. these two giant pipelines go all the very quick. Mr. DODD. Mr. President, I ask unan- way from Louisiana up into the United We are told that the mere fact that imous consent that the order for the States, with legs off in Ohio, all the the market understands that is ready, quorum call be rescinded. way to New York, delivering natural that huge entrance of natural gas into The PRESIDING OFFICER. Without gas from that area so loaded with hy- the areas for delivery, the pipeline sys- objection, it is so ordered. drocarbons? They put them in these tem, that it will reduce the pressure on Mr. DODD. Mr. President, what is the pipes and have generating pusher sta- the cost of natural gas. I think the oc- business before the Senate? tions all the way up into America and cupant of the Chair can understand The PRESIDING OFFICER. The Sen- deliver it. that. The marketplace will say: Oh, it ate is in morning business. If we conserve the way I have de- is not going to continue in this crisis Mr. DODD. I thank the Chair. scribed and other ways, which we are state because here comes this huge f coming to grips with, it will make a natural gas that is now released and is HOMELAND SECURITY APPROPRIA- big impact on how much those pipe- ready to come. We must do that. Until TIONS CONFERENCE REPORT lines have to deliver to meet the de- it is done, at least this Senator—I have mand. We have to find a way to do the to worry about my State, but I am also Mr. DODD. Mr. President, I rise this best we can by American industry or a Senator for America, and I am not afternoon to discuss the fiscal year 2006 they are going to close. And while we going to let up until that is done. Homeland Security appropriations con- have some natural gas to heat our Secondly, the States in this country ference report. The Senate passed this houses, we will be without jobs for the that refuse to recognize that we can measure earlier today by a voice vote. people who live in those houses. drill off their shores on land that is Frankly, I would have liked to have The one thing they all suggested, owned by the Federal Government—it had a recorded vote on this measure. If when they were sitting around that is not their land; they only have a few a recorded vote had been ordered, I table talking to us, was: There is one miles, and then it belongs to Ameri- would have expressed my opposition to major source of natural gas that is cans—you can drill way out there, do this conference report. American that we ought to get. I must no harm, and bring gas into this coun- Nevertheless, I would like to begin by say to those States who are coastal try to get us through the next 10 or 12 recognizing that the authors of this States, they must understand they are years while other sources of energy conference report, Senator GREGG and Americans first and coastal States sec- that are clean, such as nuclear and Senator BYRD, do a tremendous job ond. The largest supply of American very clean coal, come on to keep Amer- each year. I have served in the Senate natural gas is off the coasts of our ica alive. long enough to know how hard it is to country. No doubt about it. The United The next thing we are going to do is pull these types of appropriations bills States cannot sit by with the tech- to find out how we can pass legislation together. I also acknowledge the chair- nology we have developed—we can go to get those other coastal States in the man of the Appropriations Committee, way offshore so that you cannot even position where they are either willing Senator COCHRAN. It is no easy task to see them. So those States that are wor- to accommodate this in exchange for write and manage a bill that provides ried about their visibility, if they are us giving them substantially more roy- for our domestic security needs. I fur- worried about oil spills, there are no alties, or we are just going to have to ther commend all of our colleagues and oil spills from those platforms that bite the bullet. their staffs on the Homeland Security drill. It is going to come down here, and Appropriations Subcommittee for the Do you know that during the time we the people are going to have to say no, hard work they have put into this leg- had this crisis not one major oilspill or filibuster, but they are going to islation. occurred. Those giant platforms with have to know what they are doing. However, I feel compelled, notwith- 20 wells drilled underground, with drill- They are adding to the crisis status of standing these efforts, to express my ing that goes parallel and with one our country and job market and to one disappointment over the adoption of that was turned upside down, the oil of the few major industries that is left this conference report. I have very deep

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.042 S07OCPT1 S11288 CONGRESSIONAL RECORD — SENATE October 7, 2005 concerns about how this measure funds security foundation, we are letting of this body realize that we are not in- our country’s vital homeland security those cracks grow. vesting nearly enough in our homeland activities. I was particularly disturbed to see security infrastructure and our emer- In many crucial respects, I believe that the FIRE and SAFER grant pro- gency first responders? this conference report continues a pat- grams—vital firefighting assistance When it comes to meeting the secu- tern of failure on the part of the ad- initiatives that I was pleased to author rity needs of our country, this adminis- ministration and the leadership of our with Senators DEWINE, WARNER, and tration and leadership in Congress are Congress to address the acute and on- LEVIN—was cut by $60 million over fis- pursuing a policy that, at best, in my going needs of our Nation’s homeland cal year 2005 levels. As the Governor of view, can be called benign neglect. security infrastructure. my State says, funding cuts of this na- That has become painfully apparent in Allow me to read a letter I received 3 ture defy rationality when one con- light of the inadequate response to days ago from the Republican Governor siders the devastation recently meeting the needs and mitigating the of my State, a good friend and someone wrought by Hurricanes Katrina and suffering of hundreds of thousands of with whom I work all the time. I think Rita, and the unprecedented burdens people along the Gulf Coast. And it has it is important to hear—even after we placed on emergency first responders been reinforced by this conference re- adopted this measure—from a Governor who are on the domestic frontlines in port’s failure to make essential invest- of a State that is grappling with pro- the fight against terrorism. ments to keep all Americans safe from viding the necessary security to pro- For the past 3 years, I have come to the risk of terrorism. tect its citizens. the floor and offered legislation that EXHIBIT 1 I ask unanimous consent that this would implement the recommendations STATE OF CONNECTICUT, EXECUTIVE CHAMBERS, letter be printed in the RECORD at the made by the Rudman Commission. As we all know, our former colleague Hartford, CT, October 4, 2005. conclusion of my comments. HON. CHRISTOPHER J. DODD, JOSEPH I. The PRESIDING OFFICER. Without Warren Rudman, a former Republican Senator from New Hampshire, chaired LIEBERMAN, JOHN B. LARSON, ROBERT R. SIM- objection, it is so ordered. MONS, ROSA DELAURO, CHRISTOPHER SHAYS, a blue ribbon commission sponsored by (See exhibit 1.) NANCY L. JOHNSON the Council on Foreign Relations that Mr. DODD. The Governor says: DEAR CONNECTICUT CONGRESSIONAL DELE- included George Schultz, William Web- GATION: I have reviewed the Conference Re- . . . [I]n a time when the threat of ter- ster, Harold Varmus and other distin- port on H.R. 2360, the Department of Home- rorism remains elevated and natural disas- guished Americans. land Security Appropriations Act of 2006, and ters such as the recent hurricanes have re- I am deeply disturbed by the woefully inad- minded us all of the staggering power of na- The Rudman Commission concluded that our country’s homeland security equate funding the bill would provide to Con- ture, [the cuts in this bill] simply [defy] ra- necticut. tional explanation. infrastructure was ‘‘drastically under- Under the Conference Report, guaranteed The conference report inexplicably con- funded’’ and that our Nation was ‘‘dan- funding for Connecticut in Fiscal Year 2006 tains cuts that exceed those in the original gerously unprepared’’ to respond effec- would amount to barely $7.13 million. This is House or Senate bills or the President’s pro- tively to a terrorist attack. down by two-thirds from some $21 million in posed budget. Funding for the State Home- The Commission recommended that FY2005—itself a reduction from nearly $46 land Security Grant program is halved, from our Nation invest no less than $20 bil- million in FY2004. $1.1 billion to $550 million, while funding for lion a year for 5 years to take the min- This is incredibly unfair to Connecticut the Urban Area Security Initiative is re- and, in a time when the threat of terrorism duced from $885 million to $765 million. imum steps necessary to protect all remains elevated and natural disasters such Those programs, along with the Law En- Americans from natural and manmade as the recent hurricanes have reminded us forcement Terrorism Prevention Program, threats. Regrettably, this conference all of the staggering power of nature, simply have accounted for the bulk of [homeland se- report neglected to implement the rec- defies rational explanation. curity] funding that our state has received. ommendations of the Rudman Commis- The threats have not abated. Nature has Of the money available for the State sion, providing only $3.4 billion of the not gone away. The need for equitable and Homeland Security Grant program, states $20 billion that the Commission identi- sensible funding has not ended. will receive a mere 0.75 percent in guaran- The Conference Report inexplicably con- fied as essential each and every year tains cuts that exceed those in the original teed funding. The balance is to be distributed for 5 years. by the Department of Homeland Security House or Senate bills or the President’s pro- I would point out that in the last 3 posed budget. Funding for the State Home- based on risk, though how—or when—that land Security Grant (SHSG) program is assessment is to be made is not clear. years I have offered an amendment on halved, from $1.1 billion to $550 million, Under the conference report, guaranteed the Rudman Commission report, it has while funding for the Urban Areas Security funding for Connecticut in fiscal year 2006 been regrettably defeated. Initiative (UASI) was reduced from $885 mil- would amount to barely $7.13 million. This is In March of 2004, we watched the lion to $765 million. Those programs, along down by two-thirds from the $21 million in train system in Madrid, Spain, at- with the Law Enforcement Terrorism Pre- fiscal year 2005—itself a reduction from the tacked by terrorists with nearly 200 vention Program (LETPP), have accounted $46 million in 2004. dead. Earlier this year, we watched the for the bulk of funding our state has re- My Governor concludes her letter by London Underground and the double- ceived. saying: decker buses attacked by terrorists, Of the money available for the SHSG pro- The funding contained within the con- with dozens who were killed. Yester- gram, states will receive a mere 0.75 percent ference report is utterly insufficient to sup- day, the New York City subway system in guaranteed funding. The balance is to be port the actions needed to protect the people was placed on high alert. Yet in re- distributed by the Department of Homeland of our State, to say nothing of the millions sponse to this clear and present danger Security based on risk, though how—or when—that assessment is to be made is not of travelers and tons of truck, train and to our Nation’s largest transit system, barge cargo that pass through Connecticut clear. the administration today and the lead- In essence, the Conference Report reduces every year. ership of both the House and the Sen- the vast majority of homeland security fund- In an age when terrorism continues ate have, in effect, cut funding for ing to a lobbying contest. States that are to be a threat to our country, one transit security in this bill, providing most successful in making their case before would think that the Congress of the funding levels that do not keep pace the Department of Homeland Security will United States would be doing every- with expected inflation. get the bulk of the funding. Those that are thing it could to shore up our domestic not—will not. There is an added irony to all of this. This is unfortunate, to say the least. In security, to make it as impregnable as At a time when we are dealing with previous years, after guaranteed SHSG and possible against those who would do us record high gas prices and the adminis- LETPP funding was distributed the remain- harm. Yet when we look at this con- tration is encouraging Americans to der was apportioned on the basis of popu- ference report, I do not believe it does conserve energy by taking public lation. None of the UASI funding is guaran- enough to protect our people from ter- transportation when and where they teed to states, and you will recall that de- rorism. We are simply not investing in can, it is actually doing less than it did spite the obvious need—the FY2004 grant for the resources required to make this New Haven Harbor was not renewed in last year to ensure that our public FY2005. Nation as safe as possible. transit systems are as safe as possible. On September 11, 2001, America was awak- Instead of filling in the cracks that What more is it going to take before ened to the need for vigilance against secu- continue to exist within our homeland the administration and the leadership rity threats as well as natural disasters.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.044 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11289 Connecticut, as you know, contains a num- this relief: to care for the thousands of Next Saturday, the Iraqi people will ber of major highways, a nuclear power facil- displaced children, to assist people who have the chance to formally express ity, ports that are home to a regional depot lost their homes, their businesses, their support for this historic docu- for the U.S. Strategic Petroleum Reserve, their very livelihoods. Nevertheless, we ment. shipyards, cargo operations and passenger Throughout the summer, we wit- and auto ferries. are told by this administration and the The funding contained within the Con- leadership in Congress that no ade- nessed the complex and painstaking ference Report is utterly insufficient to sup- quate assistance can be provided unless nature of the constitution drafting port the actions needed to protect the people we cut vital spending elsewhere. process. These negotiations included of our state, to say nothing of the millions of If we do not have to find offsets for leaders from all of Iraq’s ethnic and re- travelers and tons of truck, train and barge rebuilding Iraq and Afghanistan, then ligious groups. The product is a result cargo that pass through Connecticut every why do we have to find offsets to re- of patience, flexibility, and com- year. build the Gulf Coast—our own soil? If promise. I am urging you to seek an increase in the As the President said yesterday in funding for Connecticut. We cannot sustain a this catastrophe were to happen in my State of Connecticut or anywhere else, his televised speech, ‘‘By any standard two-thirds reduction in federal homeland se- or precedent of history, Iraq has made curity funding. It is unfair and unwise. we would all appreciate what our col- I will be contacting you shortly to discuss league from Louisiana has gone incredible political progress—from tyr- this matter further. through and express our frustrations in anny, to liberation, to national elec- Sincerely, the same way she has. tions, to the writing of a constitution, 1 M. JODI RELL, So I join with Senator LANDRIEU and in the space of 2 ⁄2 years.’’ Governor. others who have already spoken. I am Indeed. And they have made this progress f also waiting to hear about what offsets under a hail of constant threats and vi- we are going to be forced to come up RELIEF FOR GULF COAST STATES olence from terrorist enemies within with to pay for the recovery and relief and without their borders. Mr. DODD. Mr. President, I will not efforts along the Gulf Coast. They will take as much time as others have, but American service men and women most certainly come from domestic in- have sacrificed greatly to advance I would like to commend my colleague vestments such as Medicaid that aid from Louisiana, Senator LANDRIEU, for America’s interests in Iraq, but many the poor, not from repealing the estate more Iraqis have been killed and in- her Herculean efforts over the last cou- tax or other tax cuts that have aided ple of days to try and convince this jured in the pursuit of a free and demo- only the wealthiest of Americans. cratic Iraq. body to do everything it can to provide I imagine that we will cut spending the needed relief for thousands of dis- The draft permanent constitution to services provided under Medicare lays a solid foundation for a stable and placed individuals along the Gulf and Medicaid—services that provide Coast, including, obviously, Louisiana, democratic Iraq in the heart of the basic health care coverage to the poor- Middle East. It establishes a true Mississippi, Alabama, and parts of est of our citizens who are the most de- Texas. democratic system. The voice of all pendent for their health care needs. Iraqis will be heard. Human rights will I am really stunned, in a sense, by There is a very sad irony to this. We the response we are providing to this be protected. The rule of law will be re- are going to force the poor to bear the spected. And women will be full and situation so far. greatest burden on funding recovery On average we provide $5 billion a equal participants. and relief efforts along the Gulf Coast. It is critical that Iraqis from all week to fund our ongoing efforts in In essence we are going to charge them Iraq and Afghanistan. Obviously, this walks of life and all segments of Iraq’s to pay for this. What kind of logic is diverse population participate in next funding is critical to protect our troops that? It is irrational, it is wrong, and and the work they continue to under- week’s referendum. we ought to be doing better by the peo- It is also important for Iraq’s Sunni take overseas. When the President has ple of our own country. population to support this document been asked how he plans to pay for I am disappointed that this body had and the democratic system of govern- these ongoing efforts, he says that he to rush out of town and could not spend ment that it establishes. plans to pay for them using additional the additional time necessary to get Sunni leaders have expressed strong Federal resources that are not taken this right for the people of the Gulf reservations about several aspects of out of other Federal spending prior- Coast. the constitution in recent weeks. Many ities. So I, again, applaud the Senator from will vote no; that is their right. And yet when it comes to providing Louisiana. I admire her courage. I cer- However, I believe that they also rec- the necessary relief to our own citizens tainly admire her tenacity in fighting ognize the importance of participating in Louisiana, Mississippi, Alabama, as hard as she has been for the people in the referendum. Only through par- and Texas, we are being told by the of her State. ticipation and integration into Iraq’s President that we absolutely have to I yield the floor and I suggest the ab- new democratic system can Iraq’s eth- use existing Federal resources to pay sence of a quorum. nic and religious groups ensure that for recovery and relief efforts. We are The PRESIDING OFFICER (Mr. their rights are secured and their inter- being told that Federal resources can- ALLEN). The clerk will call the roll. ests are protected. They learned this not be provided unless we reduce other The assistant legislative clerk pro- hard lesson after avoiding the January Federal spending priorities. ceeded to call the roll. vote. They will not make the same I can understand the frustration of Mr. STEVENS. Mr. President, I ask mistake again. the Senator from Louisiana. She goes unanimous consent that the order for When several of my Senate col- every week to community after com- the quorum call be rescinded. leagues and I met with Interim Presi- munity in her State and still sees the The PRESIDING OFFICER. Without dent Jalal Talabani last month, I was horrible circumstances under which objection, it is so ordered. convinced that the Iraqi people recog- thousands of people are living. Mean- f nize the magnitude of this moment. while, the Senate is about to take an- And I am confident that when the IRAQ ELECTIONS other week off. As literally hundreds of time comes next week, they will once thousands of our fellow citizens are Mr. FRIST. Mr. President, on Octo- again show their courage and deter- suffering, we are leaving town instead ber 15, one week from tomorrow, the mination. of working together to provide ade- Iraqi people will cast their votes on a The enemy will try to intimidate and quate long-term disaster assistance in new, permanent Iraqi constitution, a threaten them. But the Iraqi people are areas such as public health, education, social compact, which if ratified, will strong. housing, transportation and homeland be unique in the history of the Arab Eight and one-half million voters de- security. Middle East. fied the killers last January, and Iraqis The Senator from Louisiana took the Since the stunning January 30 elec- continue to volunteer for the Iraqi se- floor over an extended period of time to tions, Iraqi leaders have worked tire- curity forces, ready and willing to de- talk about the importance of providing lessly to draft this historic document. fend their new democracy. They do so

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.021 S07OCPT1 S11290 CONGRESSIONAL RECORD — SENATE October 7, 2005 despite the fact that security forces are serving each and every Member with and vision. When Tim began over 30 being targeted. They do so because the utmost professionalism. years ago, the Senate’s financial serv- they believe in the vision of a free and Our Senate community is privileged ices were still performed manually and democratic Iraq. to have individuals with the talent and recorded in pen and ink, without the I am confident that the Iraqi people dedication that Tim Wineman has aid of computers. Over the last three shown. He is the soul of discretion, al- will demonstrate this same fortitude in decades, through various leadership po- the referendum next Saturday. ways available to answer a question sitions, Tim has overseen the techno- And for those who vote against the and provide wise counsel, and he loves constitution, they will have the chance the Senate with all his heart. This is logical renovation of the Disbursing Of- to express themselves again in Decem- no surprise, since Tim has been famil- fice, as it almost flawlessly shifted to ber when the Iraqis go to the polls to iar with our Nation’s capital and the cover a marked increase in staff and elect a permanent government. work of the people that goes on here services. In the meantime, the Iraqis also from his earliest days. The Senate Disbursing Office handles must undertake another momentous Tim was born and raised in this area. not only the payroll of Senators and His father worked for DC Transit and task. staff, but also their retirement funds his mother, Carolyn, worked for Sears On October 19, the Iraqi Special Tri- and life and health insurance. The bunal will begin the trial of Saddam and Roebuck. Tim attended Bethesda workload is tremendous. Last year, the Hussein and some of his closest associ- Chevy Chase High School, where he Disbursing Office also approved nearly ates. The opening portion of the trial met his life-long partner and friend, his will focus on the 1982 killings of 143 wife, Pat. They just celebrated their 50,000 expense reimbursement vouchers, Shiites in the village north of Baghdad. 36th anniversary in August. They are administered the oath to over 3,200 new Saddam will also face charges of blessed with two children, Matthew Senate employees, and provided 36 human rights abuses, crimes against and Lory. training sessions to new office man- humanity, and genocide. Now that Tim is retiring from the agers, among countless other respon- In particular, Saddam Hussein will be Senate, the inevitable question arises: sibilities requiring attentiveness and required to finally answer for his use of what will he do with his spare time? I precision. chemical weapons against the civilian have it on good authority that Tim is planning to get straight down to busi- Under Tim’s leadership, these tasks Kurdish population of Hallabja in 1988, have been carried out with the utmost and the violent suppression of mass ness. He mentioned that he plans to professionalism. He has adeptly kept uprisings following the Gulf War in work on his golf game and spend time 1991. traveling with Pat. I have heard that the Senate’s financial house in order. It will be a riveting sight to see the Alaska is one of the top destinations I thank Tim for his years of dedi- justice system in the hands of the Iraqi on their list of places to visit. The first cated service to the Senate. He will be 6 months, however, he just wants to people. And to watch as they face down sorely missed. I also want to extend to the man and his minions responsible spend stress free. In the Senate, we get so involved in him and Pat, his wife for as long as he for so many hideous and barbaric the issues of the day, and as Members has served the Senate, my best wishes crimes. our days are long and busy. We often as they begin this new phase in their I am confident that the Iraqi people forget to pause for a moment and lives. will give their former oppressors a fair thank those who keep the trains run- Mr. STEVENS. Mr. President, I ask trial and that the guilty will be ning on time, and for 35 years Tim brought to justice. unanimous consent that the attached Wineman has been one of those loyal letters from various foreign officials be Step by step, the Iraqi people are on conductors. the path to democracy. And with each We thank Timothy S. Wineman for printed in the RECORD. They have all step, the terrorists are dealt a dev- his service, and we wish Tim and his sent their condolences for the Hurri- astating blow, and freedom shows once wife, Pat, a happy and content retire- cane Katrina tragedy. again its power to inspire and prevail. ment. There being no objection, the mate- The Senate stands shoulder-to-shoul- Mr. DODD. Mr. President, I rise rial was ordered to be printed in the der with the Iraqi people as they fulfill today to speak on behalf of Timothy RECORD, as follows: their democratic destiny. They deserve Wineman, who is retiring after 35 years THE SENATE OF CANADA, our deepest and most sincere support. of dedicated service to the Senate. I look forward to watching with hope SPEAKER OF THE SENATE, There are thousands of employees Ottawa, Canada, September 2, 2005. and admiration as they take to the who work behind the scenes here in the Senator TED STEVENS, polling booths once again to secure Senate, who make it possible for the President Pro Tempore of the Senate, their future as a free and prosperous Members of this body to discharge the U.S. Senate, Washington, DC. nation in the heart of the Middle East. duties of their office. It is rare that SENATOR STEVENS: On behalf of The Senate f these employees get the recognition of Canada, I join all Canadians in expressing they deserve. RETIREMENT OF TIM WINEMAN to you, your Senate colleagues, and fellow One of the greatest and longest serv- citizens our sympathy and condolences on Mr. FRIST. Mr. President, I would ing of those unsung heroes has been your country’s great loss. like to take a few minutes today to Tim Wineman, with whom I have had As we learn more about the wide-spread recognize Tim Wineman for his dedi- the honor of sharing these halls for the devastation arising from Hurricane Katrina, cated and invaluable service to the last 25 years. Over that period of time, United States Senate as he prepares to it becomes increasingly difficult to fully both my wife Jackie and I have come comprehend the extent of the tragedy. Even go into retirement. to rely on his experience and counsel. so, we extend our thoughts and prayers to all Tim has served the Senate with great We are both sad to see him go, but we the victims, their families and others hit by distinction. During his 35 years here, know as well as anyone that he has this terrible disaster. The numerous tele- he has worked in various positions certainly earned his retirement. phone calls I have been receiving from Cana- within the Senate disbursing office. Tim was hired as a payroll clerk in dians, urging us to be of whatever assistance Tim began as a payroll clerk in 1970 the disbursing office on October 19, we can to our American friends, shows how and because of his hard work won nu- 1970, while my father still served in much this tragedy has touched Canadians merous promotions. He works today as this Chamber. Six years later, Tim was personally. I assure you we will be sup- a financial clerk, one of the best the promoted to payroll supervisor. Four portive in every way we can, and are deter- Secretary’s office has been privileged years after that, he became the assist- mined to work together to help both imme- to have. Tim is one of those individuals ant financial clerk. And, in 1998, he was diately and over the long term. who come here to serve in the Sec- appointed the Financial Clerk of the I wish you great strength both now and in retary’s office not to debate policy or United States Senate. the days ahead. make political statements, but out of a He has fulfilled his duties in all of Sincerely, respect and love for the institution, those roles with efficiency, integrity, DAN HAYS.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.022 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11291 EMBASSY OF HUNGARY, SPEAKER OF A PRAYER FOR THE VICTIMS OF HURRICANE BUDGET SCOREKEEPING REPORT THE HUNGARIAN NATIONAL ASSEM- KATRINA BLY, (By Chief Israeli Rabbi, Yona Metzger) Mr. GREGG. Mr. President, I hereby Budapest, September 5, 2005. ‘‘Our Heavenly Father, Founder of the submit to the Senate the budget Hon. TED STEVENS, world and Creator of the universe, compas- scorekeeping report prepared by the President pro tempore of the Senate, Wash- sionate and merciful God, please spare and Congressional Budget Office under sec- ington, DC. show compassion to Your creatures and the EXCELLENCY: I was shocked to hear the tion 308(b) and in aid of section 311 of news about the disaster caused by the hurri- world You have created, and especially the the Congressional Budget Act of 1974, cane Katrina. We are very well aware of the inhabitants of the states among the Gulf of as amended. This report meets the re- situation in which hundreds of thousands of Mexico in the United States. Save them from every calamity, from the winds of storm and quirements for Senate scorekeeping of people are in New Orleans. The human tribu- section 5 of S. Con. Res. 32, the first lation in such a huge mass makes us word- hurricane, from the waters of the sea, and less and silent, and awake deep sorrow. The from every sorrow and evil, and send deliver- concurrent resolution on the budget for Hungarian public has been turning in these ance and redemption to all those who call 1986. days with deep sympathy to the people in upon Thy Name. Save them from the flood- waters and rescue them from the abyss, lead This report shows the effects of con- New Orleans. gressional action on the 2005 budget From my part, Your Excellency, please ac- them to a place of safety, and do not aban- cept my deepest sympathy in your bereave- don them, and in Your abundant mercy send through September 30, 2005. The esti- ment. On behalf of the National Assembly of them redemption in the measure of their mates of budget authority, outlays, Hungary I would also like to offer my condo- loss, and complete healing to the sick and and revenues are consistent with the lences to the relatives and families of the those in pain, and comfort to their souls and technical and economic assumptions of victims. In the meantime I would like to let spirit. May all the inhabitants of the Earth the 2006 concurrent resolution on the know and recognize that You are the Su- you know that you can count on our support, budget, H. Con. Res. 95. the Hungarian team of rescue is already on preme King, who rules the powers of the uni- the venue to give aid and assistance to the verse and shows mercy to His creatures, who The estimates show that current people in need, and to fight shoulder to praise Your great Name, amen.’’ level spending is over the budget reso- shoulder with your authorities. lution by $3.145 billion in budget au- I avail myself of this opportunity to renew INTER-PARLIAMENTARY UNION, to Your Excellency the assurances of my Geneva, Switzerland. thority and over the budget resolution highest consideration. Hon. DENNIS HASTERT, by $101 million in outlays in 2005. Cur- Yours sincerely, Speaker, U.S. House of Representatives, Wash- rent level for revenues is $447 million DR. KATALIN SZILI. ington, DC. above the budget resolution in 2005. Hon. TED STEVENS, PRIME MINISTER, Senate President Pro Tempore, U.S. Congress, Since my last report for fiscal year Jerusalem, Israel, September 1, 2005. Washington, DC. 2005 dated September 29, 2005, the Con- Mr. GEORGE W. BUSH, DEAR MR. SPEAKER, DEAR MR. PRESIDENT: gress has taken no action that has President, The United States of America, In the wake of Hurricane Katrina which has changed budget authority, outlays, or Washington, DC. lashed the gulf states of the United States, revenues. This is my final report for DEAR MR. PRESIDENT: On behalf of my Gov- leaving a trail of destruction and causing the fiscal year 2005. ernment and the people of Israel, I wish to loss of so many lives, we wish to express to express my sincerest condolences on the hor- the United States Congress and the people of I ask unanimous consent that the ac- rible tragedy that has befallen the United the United States of America the solidarity companying letter and material be States, especially the people of Louisiana, and heartfelt sympathy of the Inter-Par- printed in the RECORD. Mississippi and Alabama, in the wake of Hur- liamentary Union. Our deepest condolences ricane Katrina. go to the relatives of those who have lost There being no objection, the mate- I would like to offer Israel’s assistance in their lives in one of the most devastating rial was ordered to be printed in the volunteering our medical teams which in- storms in your country’s history. RECORD, as follows: clude hundreds of doctors, nurses, techni- High Consideration, cians and other experts that specialize in U.S. CONGRESS, SERGIO PAEZ VERDUGO, CONGRESSIONAL BUDGET OFFICE, trauma, natural disasters and public health. President of the Inter- We also offer field hospitals, medical kits Washington, DC, October 6, 2005. Parliamentary Hon. JUDD GREGG, and equipment for temporary housing, re-en- Union forcement for hospitals, or any other assist- Chairman, Committee on the Budget, U.S. Sen- ANDERS B. JOHNSON, ance that you may require. I was informed ate, Washington, DC. Secretary General of by my security establishment that these the Inter-Parliamen- DEAR SENATOR GREGG: The enclosed tables teams and equipment can be ready in 24 tary Union. show the effects of Congressional action on hours. the 2005 budget and are current through Sep- During these difficult times, we, the people NATIONAL ASSEMBLY, tember 30, 2005. This report is submitted of Israel, stand firmly by your side in a show under section 308(b) and in aid of section 311 of solidarity and friendship. State of Kuwait. Hon. TED STEVENS (pro tempore), of the Congressional Budget Act, as amend- Sincerely, ed. ARIEL SHARON. Speaker of the Senate, Washington, DC. The estimates of budget authority, out- AUGUST 30, 2005. DEAR MR. SPEAKER: We have been dev- lays, and revenues are consistent with the Hon. Secretary CONDOLEEZZA RICE, astated by the news of the natural disaster technical and economic assumptions for fis- Secretary of State, Department of State, (Hurricane Katrina) which hit a number of cal year 2005 that underlie H. Con. Res. 95, Washington, DC. states in the Mexican Gulf south of the the Concurrent Resolution on the Budget for DEAR SECRETARY RICE: Please allow me to U.S.A and resulted in the death of several in- Fiscal Year 2006. Pursuant to section 402 of express my condolences to you and to the nocent people and the loss of others, in addi- that resolution, provisions designated as people of the United States of America, on tion to the destruction of properties. emergency requirements are exempt from the loss of life and the terrible pain and de- On behalf of my colleagues members of the enforcement of the budget resolution. As a struction caused by Hurricane Katerina. National Assembly of Kuwait and myself, I result, the enclosed current level report ex- would like to express my deepest condo- May the families of the victims find peace cludes these amounts (see footnote 2 on lences to your Excellency and the friendly and comfort. Table 2). As we all stand in awe at the great force of people of the U.S.A. and the families of the nature unleashed on the shores of the United victims. Since my last letter, dated September 26, States, please rest assured that the people of I wish your country peace, stability, secu- 2005, the Congress has taken no action that Israel share your sorrow and extend our hand rity, and prosperity. has changed budget authority, outlays, or in comfort and friendship. We also stand Please accept the assurances of my highest revenues. This is my final report for fiscal ready to assist in any way possible. considerations. year 2005. Yours sincerely, Best regards, Sincerely, SILVAN SHALOM. JASSIM MOHAMMAD AL-KHARAFI. DOUGLAS HOLTZ-EAKIN.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.030 S07OCPT1 S11292 CONGRESSIONAL RECORD — SENATE October 7, 2005 TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2005, AS OF SEPTEMBER 30, 2005 [In billions of dollars]

Current level Budget resolu- 2 ¥ 1 Current level over/under ( ) tion resolution

On-budget: Budget Authority ...... 1,996.6 1,999.7 3.1 Outlays ...... 2,023.9 2,024.0 0.1 Revenues ...... 1,483.7 1,484.1 0.4 Off-budget: Social Security Outlays ...... 398.1 398.1 0 Social Security Revenues ...... 573.5 573.5 0 Note: * = less than $50 million. 1 H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, assumed the enactment of emergency supplemental appropriations for fiscal year 2005, in the amount of $81.8 billion in budget authority and $32.1 bil- lion in outlays, which would be exempt from the enforcement of the budget resolution. Since current level excludes the emergency appropriations in P.L. 109–13 (see footnote 2 of Table 2), the budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. 2 Current level is the estimated effect on revenue and spending of all legislation that the Congress has enacted or sent to the President for his approval. In addition, full-year funding estimates under current law are included for enti- tlement and mandatory programs requiring annual appropriations even if the appropriations have not been made. Source: Congressional Budget Office.

TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2005, AS OF SEPTEMBER 30, 2005 [In millions of dollars]

Budget au- thority Outlays Revenues

Enacted in Previous Sessions: 1 Revenues ...... n.a. n.a. 1,484,024 Permanents and other spending legislation ...... 1,109,476 1,070,500 n.a. Appropriation legislation ...... 1,298,963 1,369,221 n.a. Offsetting receipts ...... ¥415,912 ¥415,912 n.a. Total, enacted in previous sessions ...... 1,992,527 2,023,809 1,484,024 Enacted This Session: Authorizing Legislation: Surface Transportation Extension Act of 2005 (P.L. 109–14) ...... 16 0 0 TANF Extension Act of 2005 (P.L. 109–19) ...... 81 45 0 Surface Transportation Extension Act of 2005, Part II (P.L. 109–20) ...... 15 0 0 Surface Transportation Extension Act of 2005, Part III (P.L. 109–35) ...... 3 0 0 Surface Transportation Extension Act of 2005, Part IV (P.L. 109–37) ...... 5 0 0 Surface Transportation Extension Act of 2005, Part V (P.L. 109–40) ...... 2 0 0 Energy Policy Act of 2005 (P.L. 109–58) ...... 0 0 40 Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (P.L. 109–59) ...... 1,562 8 0 TANF Emergency Response and Recovery Act of 2005 (P.L. 109–68) ...... 5,067 0 0 Appropriation Acts: Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13) 2 ...... ¥1,058 4 41 Interior Appropriations Act, 2006 (P.L. 109–54) ...... 1,500 120 0 Total, enacted this session ...... 7,193 177 81 Total Current Level 23 ...... 1,999,720 2,023,986 1,484,105 Total Budget Resolution ...... 2,078,456 2,056,006 1,483,658 Adjustment to budget resolution for emergency requirements 4 ...... ¥81,881 ¥32,121 n.a. Adjusted Budget Resolution ...... 1,996,575 2,023,885 1,483,658 Current Level Over Adjusted Budget Resolution ...... 3,145 101 447 Current Level Under Adjusted Budget Resolution ...... n.a. n.a. n.a. Notes: n.a. = not applicable; P.L. = Public Law. 1 The effects of an act to provide for the proper tax treatment of certain disaster mitigation payments (P.L. 109–7) and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (P.L. 109–8) are included in this section of the table, consistent with the budget resolution assumptions. 2 Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the cur- rent level excludes: $83,140 million in budget authority and $33,034 million in outlays from the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13); $10,500 million in budget authority and $1,150 million in outlays from the Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (P.L. 109–61); $51,800 million in budget author- ity and $125 million in outlays from the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (P.L. 109–62); and $94 million in budget authority from the TANF Emergency Response and Recovery Act of 2005 (P.L. 109–68). 3 Excludes administrative expenses of the Social Security Administration, which are off-budget. 4 H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, assumed the enactment of emergency supplemental appropriations for fiscal year 2005, in the amount of $81,811 million in budget authority and $32,121 million in outlays, which would be exempt from the enforcement of the budget resolution. Since current level excludes the emergency appropriations in P.L. 109–13 (see footnote 2), the budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. Source: Congressional Budget Office.

HONORING OUR ARMED FORCES tained on July 28 when his humvee was bat operations in Ar Ramadi. He was Mrs. BOXER. Mr. President, today I involved in an accident. He was as- assigned to 1st Battalion, 5th Marine rise to pay tribute to 23 young Ameri- signed to the Army’s 4–3rd Brigade Regiment, 1st Marine Division, Camp cans who have been killed in Iraq since Troops Battalion, 3rd Infantry Divi- Pendleton, CA. During Operation Iraqi sion, Fort Stewart, GA. He was from Freedom, his unit was attached to the July 29. This brings to 457 the number Long Beach, CA. 2nd Marine Division. of soldiers who were either from Cali- Petty Officer 1st Class Thomas C. LCpl Evenor C. Herrera, age 22, died fornia or based in California that have Hull, age 41, died August 2 on board the August 10 from wounds received from been killed while serving our country aircraft carrier USS Nimitz in the Ara- the detonation of an improvised explo- in Iraq. This represents 24 percent of bian Gulf after being medically evacu- sive device while conducting combat all U.S. deaths in Iraq. ated to the carrier for a noncombat re- operations near Ar Ramadi. He was as- SGT Milton M. Monzon, Jr., age 21, lated incident. He was an operations signed to the 1st Battalion, 5th Marine died on July 24 in Baghdad where an specialist assigned to the USS Prince- Regiment, 1st Marine Division, Camp improvised explosive device detonated ton, homeported in San Diego, CA. Pendleton, CA. As part of Operation near his Bradley fighting vehicle. He LCpl Adam J. Strain, age 20, died Au- Iraqi Freedom, his unit was attached was assigned to the 3rd Squadron, 3rd gust 2 as a result of enemy small-arms to the 2nd Marine Division. Armored Cavalry Regiment, Fort Car- fire while conducting combat oper- SPC Brian K. Derks, age 21, died on son, CO. He was from Los Angeles, CA. ations in Ar Ramadi. He was assigned August 13 in Baghdad when an impro- PFC Ramon A. Villatoro, Jr., age 19 to 1st Battalion, 5th Marine Regiment, vised explosive device detonated while died on July 24 in Baghdad where an 1st Marine Division, Camp Pendleton, he was on mounted patrol. He was as- improvised explosive device detonated CA. During Operation Iraqi Freedom, signed to the 2nd Squadron, 11th Ar- near his Bradley fighting vehicle. He his unit was attached to the 2nd Ma- mored Cavalry Regiment, Fort Irwin, was assigned to the 3rd Squadron, 3rd rine Division. He was from Smartsville, CA. Armored Cavalry Regiment, Fort Car- CA. SGT Nathan K. Bouchard, age 24, son, CO. He was from Bakersfield, CA. SSG Ramon E. Gonzales Cordova, age died on August 18 in Samarra, Iraq PVT Ernesto R. Guerra, age 20, died 30, died August 8 as a result of enemy when an improvised explosive device on July 29 in Baghdad of injuries sus- small-arms fire while conducting com- detonated near his Humvee following a

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.028 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11293 mine assessing mission. He was as- Oakdale CA. He was from Fallbrook, during patrol operations. He was as- signed to the 3rd Battalion, 69th Armor CA. signed to the 2nd Battalion, 503rd In- Regiment, 1st Brigade Combat Team, SGT Paul C. Neubauer, age 40, died fantry Regiment, 173rd Airborne Bri- 3rd Infantry Division, Fort Stewart, on September 23 of injuries sustained gade, Vicenza, Italy. He was from Sac- GA. He was from Wildomar, CA. in Baghdad when an improvised explo- ramento, CA. SPC Ray M. Fuhrmann, II, age 28, sive device detonated and his patrol Mr. President, 32 soldiers who were died on August 18 in Samarra, Iraq, came under small-arms fire. He was as- either from California or based in Cali- when an improvised explosive device signed to the Army National Guard’s fornia have been killed while serving detonated near his Humvee following a 1st Battalion, 184th Infantry Regiment, our country in Operation Enduring mine assessing mission. He was as- 3rd Infantry Division, Oakdale, CA. He Freedom. I pray for these Americans signed to the 3rd Battalion, 69th Armor was from Oceanside, CA. and their families. Regiment, 1st Brigade Combat Team, SSG Daniel R. Scheile, age 37, died f 3rd Infantry Division, Fort Stewart, on September 24 of injuries sustained GA. He was from Novato, CA. in Baghdad on September 23 when an MONTANA’S PATRIOTS SGT Joseph C. Nurre, age 22, died on improvised explosive device detonated Mr. BURNS. Mr. President, this August 21 near Samarra, Iraq when an and his patrol came under small-arms week, I learned of another young per- improvised explosive device detonated fire. He was assigned to the Army Na- son from Montana who had been killed near his M916 tractor during convoy tional Guard’s 1st Battalion, 184th In- in Iraq. PFC Andrew Bedard was only operations. He was assigned to the Re- fantry Regiment, 3rd Infantry Division, 19 and died Monday when the Humvee serve’s 463rd Engineer Battalion, Oakdale, CA. He was from Antioch, CA. he was driving hit a roadside bomb. Weirton, WV. He was from Wilton, CA. SGT Brian E. Dunlap, age 34, died Andrew Bedard was from Missoula PFC Ramon Romero, age 19, died Au- September 24 from an improvised ex- and a 2004 graduate of Hellgate High gust 22 when the vehicle he was in was plosive device while conducting combat School. He joined the Marine Corps struck by an improvised explosive de- operations against enemy forces in shortly after graduation and had only vice while conducting combat oper- Taqaddum, Iraq. He was assigned to finished basic training earlier this year ations near Fallujah. He was assigned the Marine Forces Reserve’s 2nd Bat- in San Diego. He had been in Iraq for to the 2nd Battalion, 7th Marine Regi- talion, 23rd Marine Regiment, 4th Ma- close to only one month, when his life ment, 1st Marine Division, Twentynine rine Division, Los Alamitos, CA. As ended because of another improvised Palms, CA. As part of Operation Iraqi part of Operation Iraqi Freedom, his explosive device, or ‘‘IED’’ while con- Freedom, his unit was attached to the unit was attached to the 2nd Marine ducting combat operations against 2nd Marine Division. He was from Hun- Division. He was from Vista, CA. enemy forces in the Al Anbar province. tington Park, CA. PVT Elijah M. Ortega, age 19, died The military had recently launched a Cpl Timothy M. Shea, age 22, died September 26 as the result of a non- new offensive against insurgents in August 25 in Husaybah, Iraq of injuries hostile gunshot wound at Camp western Iraq. sustained when an improvised explo- Baharia, Iraq. He was assigned to the Those who knew him best describe sive device detonated near his position. 2nd Combat Engineer Battalion, 2nd Andrew as a personable, positive guy He was assigned to the Army’s 3rd Bat- Marine Division, Camp Lejeune, NC. He who was friends with most people he talion, 75th Ranger Regiment, Fort was from Oxnard, CA. ran into and cared a great deal about Benning, GA. He was from Sonoma, SPC Joshua J. Kynoch, age 23, died his family and friends. I actually met CA. on October 1 in Bayji, Iraq when an im- Andrew a few years ago when he and I Seaman Apprentice Robert D. provised explosive device detonated were involved in a fender bender in Macrum, age 22, was reported missing near his Bradley Fighting Vehicle dur- Missoula. He was courteous and re- on September 13 after failing to report ing convoy operations. He was assigned spectful, and I can say that he was a to muster formation. It was concluded to the 2nd Battalion, 7th Infantry Regi- fine young man. that he fell overboard and search and ment, 3rd Infantry Division, Fort Stew- Like me, Andrew was in the U.S. Ma- rescue attempts were unsuccessful. He art, GA. He was from Santa Rosa, CA. rine Corps. If they can find solace in was assigned to the USS Princeton, PFC Andrew D. Bedard, age 19, died anything, his loved ones must know currently deployed to the Arabian Gulf October 4 from an improvised explosive that his country is proud of his honor- conducting maritime security oper- device while conducting combat oper- able service in upholding the freedoms ations as part of the Nimitz Carrier ations against enemy forces in Ar and ideals which make this country Strike Group. The USS Princeton is Ramadi. He was assigned to the 3rd great. homeported in San Diego, CA. Battalion, 7th Marine Regiment, 1st My heart and prayers go out to the LCpl Shane C. Swanberg, age 24, died Marine Division, Twentynine Palms, Bedard family, as well as the loved September 15 from an explosion result- CA. During Operation Iraqi Freedom, ones of all others lost in this War on ing from indirect fire at Forward Oper- his unit was attached to the 2nd Ma- Terror. Private First Class Bedard, un- ation Base, Camp Ramadi, Iraq. He was rine Division. fortunately, was the 13th man with assigned to 3rd Battalion, 7th Marine Mr. President, 457 soldiers who were Montana ties to die in Iraq or Afghani- Regiment, 1st Marine Division, either from California or based in Cali- stan since 2001. Other Montanans who Twentynine Palms, CA. As Part of Op- fornia have been killed while serving have been killed in combat in Oper- eration Iraqi Freedom, his unit was at- our country in Iraq. I pray for these ation Enduring Freedom/Iraqi Freedom tached to the 2nd Marine Division. young Americans and their families. are: SGT Alfredo B. Silva, age 35, died on I would also like to pay tribute to SPC Travis Arndt of Great Falls was September 15 in Baghdad when an im- the two soldiers from or based in Cali- the 12th man with Montana ties to lose provised explosive device detonated fornia who have died while serving our his life in Iraq or Afghanistan. near his Humvee during patrol oper- country in Operation Enduring Free- Marine LCpl Nicholas Bloem of Boze- ations. He was assigned to the Army dom since July 29. man was killed in Iraq on Aug. 3, the National Guard’s 1st Battalion, 184th GySgt Theodore Clark, Jr., age 31, day after his 20th birthday, when a Infantry Regiment, 40th Infantry Divi- died August 4 when the vehicle he was roadside bomb was exploded under his sion, Modesto, CA. He was from in was struck by an improvised explo- amphibious assault vehicle. He was one Calexico, CA. sive device while conducting combat of 14 Marines killed from the Ohio- SPC Mike T. Sonoda, Jr., age 34, died operations near Gardez, Afghanistan. based 3rd Battalion, 25th Marine Divi- on September 22 in Baghdad of injuries He was assigned to the 1st Combat En- sion. sustained on September 21 when an im- gineer Battalion, 1st Marine Division, Marine Cpl Raleigh Smith, 21, of provised explosive device detonated Camp Pendleton, CA. Troy was killed two days before Christ- near his military vehicle. He was as- PVT Christopher L. Palmer, age 22, mas 2004 by enemy fire in Fallujah, signed to D Company, 1st Battalion, died on August 21 near Baylough, Af- Iraq. 184th Infantry Regiment, 29th Infantry ghanistan when an improvised explo- Marine LCpl Nathan R. Wood, 19, a Brigade, Army National Guard, sive device detonated near his Humvee Great Falls native who has moved to

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.025 S07OCPT1 S11294 CONGRESSIONAL RECORD — SENATE October 7, 2005 Kirkland, WA. He was killed Nov. 19, outstanding young man, who always ican and all Nebraskans should be 2004, as a result of enemy action in Al had a smile on his face. Like many east proud of the service of brave military Anbar Province, Iraq. Oregonians, he loved the outdoors and personnel such as LCDR Thomas E. Army SSG Aaron N. Holleyman, 26, could often be found hiking, fishing, Blake. of Glasgow was killed Aug. 30, 2004, in and camping. f Khutayiah, Iraq, when his military ve- Adrian always dreamed of flying heli- STATEMENT ON BURMA hicle hit an improvised explosive de- copters. And after he graduated from vice. high school, there was no question of Mr. MCCONNELL. Mr. President, Marine LCpl Kane M. Funke, 20, who what he wanted to do. He wanted to many of us who closely follow the attended high school in Kalispell be- serve his country. Indeed, he recently struggle for freedom in Burma have, fore moving to Vancouver, WA. He was expressed to a friend of mine how great over the years, repeatedly called upon killed Aug. 13, 2004, as a result of it was to be able to wake up in the the U.N. Security Council to discuss enemy action in Al Anbar Province, morning and do what one loves to do. and debate the dire situation in that Iraq. SGT Tane Travis Baum was 30 years country that poses an immediate dan- Marine Cpl Dean P. Pratt, 22, of Ste- old. He was married to his high school ger to the Burmese people and the en- vensville, who died Aug. 2, 2004, also as sweetheart, Tina, and they were the tire region. a result of enemy action in Al Anbar parents of two beautiful children, Our collective efforts may finally be Province. Caelan and Dyllon. Sergeant Baum also gaining steam thanks to a report com- Army PFC Owen D. Witt, 20, of Sand loved the outdoors and flying heli- missioned by former Czech President Springs was killed May 24, 2004, in Ad copters. While it was difficult for Ser- Vaclav Havel and retired South African Dawr, Iraq, when his armored high-mo- geant Baum to leave his family behind Archbishop Desmond Tutu that in bility-multipurpose-wheeled vehicle to serve his country, he carried out his painstaking detail makes the case that rolled over. duty like the true hero he was. the situation in Burma has the same Army Reserve 1 LT Edward M. Saltz, The author Herman Wouk once factors that triggered Security Council 27, of Bigfork was killed Dec. 22, 2003, wrote: consideration of tragedies in Rwanda, in Baghdad when the convoy in which Heroes are not supermen. They are good Haiti, Sierra Leone, Afghanistan, Cam- he was riding was hit by an improvised men, and embodied by the cast of destiny, bodia, Liberia, and Yemen. explosive device. the virtue of a whole people in a great hour I encourge my colleagues to read last Army Ranger PFC Kristofer T. . . . . If America is still the great beacon in Friday’s Washington Post editorial en- Stonesifer, 28, of Missoula was killed dense gloom, the promise to hundreds of mil- titled ‘‘A Plan to Free Burma,’’ which Oct. 21, 2001, in a Blackhawk helicopter lions of the oppressed that liberty exists, highlights the Havel-Tutu report and crash in Pakistan as a part of Oper- that it is the shining future, that they can the need for U.N. action on Burma. throw off their tyrants, and learn freedom While I agree that the administration ation Enduring Freedom. and cease learning war, then we still need Army 1 LT Josh Hyland, a Missoula heroes to stand guard in the night. can and should do more to support a soldier who enlisted in ROTC at the Burma initiative at the United Na- As of today, Warrant Officer Stump, University of Montana on Sept. 12, 2001, tions, I am confident that as a stalwart Sergeant Baum and more than 50 Or- was one of four Americans killed in Af- friend of freedom, Ambassador Bolton egonians have lost their lives keeping ghanistan when a bomb detonated un- will make this a priority for himself the promise of liberty to millions, the derneath a wooden bridge they were and his staff. I encourage Secretary promise our forefathers first made and passing over. Rice to continue to make this effort a the charge that is ours to keep. They This old Marine was lucky to come priority, as well. stood guard in the night and have home from service in Korea. These Let me close with a brief word urging earned the gratitude of our Nation. brave souls for whatever reason were the United Kingdom to find its voice on not. I thank them for what they did to LIEUTENANT COMMANDER THOMAS E. BLAKE Burma at the United Nations. Given protect my family and others across Mr. NELSON of Nebraska. Mr. Presi- Britain’s history with that Southeast this country and around the world. dent, I rise today to honor Navy Pilot Asian country, Prime Minister Blair They did not die in vain and will not be LCDR Thomas E. Blake of Spencer, and senior officials at the Foreign Of- forgotten. We, as a nation, mourn the NE. fice should keep in mind that Burma’s loss of every soldier, sailor, airman, Lieutenant Commander Blake was a myriad problems—including humani- and marine. selfless and honorable man whose com- tarian crises—are political in nature f mitment and service to his country and require a political solution that in- were exemplary. As a 1990 graduate of volves the active participation of the HONORING OUR ARMED FORCES Spencer-Naper High School, Blake National League for Democracy and TRIBUTE TO WARRANT OFFICER ADRIAN B. went on to earn a bachelor’s degree ethnic minorities. Let us not forget STUMP AND SERGEANT TANE TRAVIS BAUM from the University of Nebraska-Lin- that this is a country where the Global Mr. SMITH. Mr. President, the Bible coln in 1994. Blake was an 11-year vet- Fund to Fight AIDS, Tuberculosis and tells us that ‘‘Greater love than this eran of the Navy, and had been sta- Malaria had to terminate its grants be- has no man than to lay down his life tioned at Sea Control Squadron 32, cause of the obstructionist policies of for his friends.’’ I rise this morning to based at Jacksonville, Florida for the the SDPC. pay tribute to two American heroes past 6 months. I am reminded that this year marks from my home town of Pendleton, OR, On September 21, 2005, LCDR Thomas the 60th anniversary of the Burma who made the ultimate sacrifice by Blake died at the age of 33 when an S– Campaign of World War II, the longest laying down their lives for their 3B Viking jet crashed near Jackson- British battle of that war. I hope our friends, their country, and the cause of ville Naval Air Station, killing Blake allies across the Atlantic will continue freedom. and LCDR Scoot Bracher of Malverne, to show the same grit and determina- WO Adrian B. Stump and SGT Tane NY. Blake was the naval flight officer tion in supporting freedom in Burma Travis Baum were two of five soldiers and mission commander on the flight. today as they did last century. who were lost in the crash of a CH–47 Lieutenant Commander Blake is sur- f Chinook helicopter as it was returning vived by his wife Jessica, a native of from an ongoing operation in southern Gretna, NE. Thomas and Jessica are RESPECTING GUN LAWS IN DC Afghanistan. the parents of a 2-year-old son, and Mr. LEVIN. Mr. President, we owe it Warrant Officer Stump was 22 years Jessica is expecting their second child not only to the people who live and of age. He was the son of Jerry and soon. I would like to offer my sincere work in Washington, DC and the mil- Anne Stump, who instilled in Adrian condolences and prayers to the family lions who visit, but to all Americans to the values of hard work, honesty, and and friends of Lieutenant Commander do what we can to prevent gun violence integrity. He was a graduate of Pen- Blake. His noble service to the United in our nation’s capital. It is important dleton High School, and he was well States of America is to be respected that we also respect the wishes of DC known in my community for being an and remembered by all. Every Amer- residents as they work to address the

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.050 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11295 problems of gun violence in their own I ask unanimous consent that the cial Responsibility, Saferworld, States communities. Unfortunately, legisla- above-mentioned letter be printed in United to Prevent Gun Violence, and United tion introduced earlier this year would the RECORD. Church of Christ, Justice and Witness Min- There being no objection, the mate- istries; undermine both of these objectives. Unitarian Universalist Association of Con- Among other things, the misnamed rial was ordered to be printed in the gregations, United States Conference of District of Columbia Personal Protec- RECORD, as follows: Mayors, Virginians Against Handgun Vio- tion Act would repeal local laws in JULY 15, 2005. lence, Wisconsin Anti-Violence Effort, and Washington, DC that ban the sale and U.S. SENATE, Women Against Gun Violence (California). possession of unregistered firearms, re- Washington, DC. f DEAR SENATOR: We are writing to express quire firearm registration, impose our strong opposition to S. 1082, a bill that VOTE EXPLANATION common sense safe storage require- would strip the District of Columbia’s voters Mr. HATCH. Mr. President, I rise ments, and ban semiautomatic weap- and elected officials of the power to pass gun today to inform my colleagues as to ons. laws. why I missed voting on the motion to Elected officials and community The citizens of the District of Columbia should have the power to decide by demo- table Senator COBURN’s amendment No. leaders throughout Washington, DC, cratic means whether and how firearms are 2005 to the Department of Defense Ap- have made clear their opposition to regulated in the city where they live. DC’s propriations Act, 2006. At the time the this bill and any other attempt to roll current gun laws were passed almost 30 years vote occurred, I was attending the fu- back Washington’s local gun safety ago by an elected city council, and these neral of a longtime employee and laws. In recent months, many groups laws continue to enjoy broad support among friend, Shawn Bentley. around the country working to end gun business executives, law enforcement offi- Should I have been present, I would violence have also expressed strong op- cials, health care professionals, civic organi- zations, and ordinary citizens. When legisla- have voted in favor of tabling the position to the proposed repeal of local tion to repeal DC’s gun laws was introduced amendment, which would not have gun safety laws in Washington, DC. In last year, it generated widespread opposi- changed the outcome of the vote. July, 44 national, state, and local orga- tion—and attracted virtually no support— f nizations issued an open letter to Con- among DC residents. gress opposing the so called District of DC has made great strides in recent years, GI EDUCATIONAL BENEFITS Columbia Personal Protection Act. both in reducing violent crime and in en- Mr. KERRY. Mr. President, the origi- Among the groups who signed the let- couraging people to establish businesses, buy nal G.I. bill in 1944 made a sacred bar- homes, and build their lives in the city. The gain: honor our troops for their sac- ter were the United States Conference city’s finances are in order (it has an ‘‘A’’ of Mayors, the National Association for rating from bond analysts), the homicide rifice, and keep faith with our veterans the Advancement of Colored People, rate is down (by 55 percent over the past ten by helping them readjust to civilian the National Black Police Association, years), and commercial as well as residential life. Historically, G.I. bill educational Physicians for Social Responsibility, real estate markets are booming. benefits have risen and fallen—at times the Brady Campaign to Prevent Gun The city has many challenges ahead, but covering over 100 percent of the cost of its citizens and political leaders are working Violence, and the Coalition to Stop tuition, books, supplies and other edu- to build consensus and solve problems like cational costs. And we know how valu- Gun Violence. Their letter said: any other municipality in the country able its benefits have become in re- The citizens of the District of Columbia through vigorous debate, hard work, and par- should have the power to decide by demo- ticipation in democratic political institu- cruiting the world’s finest military. cratic means whether and how firearms are tions. While some members of Congress But each year, the G.I. bill covers a regulated in the city where they live. DC’s might have different ideas about what’s good little bit less of the cost of education current gun laws were passed almost 30 years for the city, we believe the choices made by in this country. It’s a cruel mathe- ago by an elected city council, and these DC citizens and their elected representatives matical calculation—the cost of a uni- laws continue to enjoy broad support among in local government should be entitled to re- versity education is growing faster business executives, law enforcement offi- spect. than the benefits provided by the G.I. The debate over S. 1082 is about democ- cials, health care professionals, civic organi- bill. Our troops in Iraq, Afghanistan zations, and ordinary citizens. When legisla- racy, not the Second Amendment. By deny- ing the citizens of DC—who have no rep- and around the world fight just as hard tion to repeal DC’s gun laws was introduced and sacrifice just as much as any in last year, it generated widespread opposi- resentation in Congress—the right to decide tion—and attracted virtually no support— how best to protect public safety and reduce American history. Yet the G.I. bill— among DC residents. violent crime, this bill would violate basic this great act of gratitude that trans- American values, and we urge you to reject formed America 60 years ago—has not While this bill has not yet been con- it. kept pace. Today, our troops return sidered in the Senate, the citizens of Sincerely, Alliance for Justice, Americans for Demo- home to a G.I. bill that covers only 63 Washington, DC, continue to face at- percent of the average price of a 4-year tempts to roll back their local gun cratic Action, American Jewish Committee, Anti-Defamation League, Brady Campaign to public secondary education. The result safety laws. During consideration of Prevent Gun Violence, Break the Cycle is veterans struggling to afford the the fiscal year 2006 District of Colum- Washington, DC, CeaseFire Maryland, education they were promised and have bia appropriations bill, the House of Ceasefire NJ, Ceasefire PA, and Children’s earned. Representatives adopted an amend- Defense Fund; The U.S. Congress should never break ment strongly supported by the Na- Coalition to Stop Gun Violence, Common promises to our veterans—like 28-year- Cause, Consumer Federation of America, DC tional Rifle Association which would old Jeff Memmer. As a member of the prohibit funds in the bill from being Action for Children, DC Democracy Fund, DC Vote, The Episcopal Church, USA, Epis- U.S. Navy, Jeff served two deployments used to enforce a local requirement copal Diocese of Washington, Florida Coali- in the Persian Gulf between 1996 and that District residents keep their fire- tion to Stop Gun Violence, and Florida Con- 2002. When he came home, he had to arms unloaded and disassembled or sumer Action Network; take out tens of thousands of dollars in bound by a trigger lock in their homes. Hoosiers Concerned About Gun Violence, emergency loans and work part time as Fortunately, the current Senate Illinois Council Against Handgun Violence, a bartender to get through school be- version of the bill does not include a Iowans for the Prevention of Gun Violence, cause costs kept outpacing benefits. He Jewish Women International, The League of similar provision and I am hopeful the said, ‘‘When I started putting a plan to- House-passed language will not become Women Voters of the United States, Legal Community Against Violence, and Maine gether in 1999, the benefit would have law. Citizens Against Handgun Violence; covered two-thirds of my tuition and The Senate should respect the will of Michigan Partnership to Prevent Gun Vio- costs. By the time I got to college, the the people of Washington, DC, with re- lence, National Association for the Advance- tuition had increased so much it only gard to local gun safety laws. I hope ment of Colored People (NAACP), National covered half, and by the time I grad- the Senate will focus its efforts on leg- Black Police Association, National Council uated it was only covering a third of islation that will help make commu- of Jewish Women (NCJW), New Yorkers my expenses.’’ We are not proposing Against Gun Violence, and North Carolinians nities across our Nation safer, not on Against Gun Violence Education Fund; that veterans live in luxury while they steps which would make our Nation’s Ohio Coalition Against Gun Violence, Or- earn their degrees. But clearly, it Capital less safe. egon Consumer League, Physicians for So- shouldn’t be this hard.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.046 S07OCPT1 S11296 CONGRESSIONAL RECORD — SENATE October 7, 2005 Take the case of Eric VonEuw, a vet- We believe receiving this report remains mestic violence, but what is also dis- eran of 4 years with the airborne infan- vital today. This country is at war. Amer- turbing is the prevalence of domestic try. Even with G.I. bill benefits, he is ican forces are serving heroically around the violence. Domestic abuse is the com- working part time to make ends meet world, in Iraq, Afghanistan, and elsewhere. mon cold of violence. According to the and cover the cost of his community The men and women of our armed forces serve for many reasons. Undoubtedly, all Journal of the American Medical Wom- college. If he is able to finish at UC serve with a sense of patriotism and duty to en’s Association, nearly one in every Davis, his benefits won’t cover half his country. But there are other important rea- three women will experience a physical bills. sons a young American chooses the military, assault by a romantic partner. And of Today’s military looks a lot different and as recently as 2004 a survey indicated this group, one in three will experience from the military I served in during that educational benefits are the primary a severe physical assault. Every day the Vietnam war. Today, almost 60 per- reason soldiers cite for their decision to en- more than three women in this country cent of enlisted men and women are list. are murdered by their husbands and It is no secret that we are today in the married. These veterans are faced with boyfriends. Children also suffer. Half of a choice: to borrow for their education midst of the most challenging recruiting en- vironment our all-volunteer military has women who report rape are under the or to take care of their families now. age of 18. Shockingly, 22 percent are The amendment I offered on the De- ever faced. The Army officially fell short of its FY2005 recruiting goals, delaying the ex- under the age of 12. And I know that vi- fense appropriations bill, cosponsored pansion of the active-duty Army. It is essen- olence against the elderly is a serious by Senator ENSIGN, would have re- tial that we continue to receive periodic up- and growing problem. quired a report on G.I. bill educational dates from the Secretary of Defense on the For the past decade, the Violence benefits—who uses them, how they are value of education benefits to new recruits, Against Women Act has provided cru- used, and how they can be improved. how these benefits are used by veterans, and cial aid to women, men, and children The report would have included cost es- recommendations about how the benefits can experiencing violence. Between 1994 timates to help us assess various op- be improved. tions for increasing the value of the Accordingly, we ask you to reauthorize 38 and 2000, Congress distributed over $3.8 education benefits so they cover more, USC Section 3036, with the minor modifica- billion to States and local commu- if not all, of the costs of a 4-year public tion of the first issuance of the report being nities to train and support police, law- required within six months of enactment of education. yers, judges, nurses, shelter directors this bill. We also ask that you consider an and advocates to end domestic violence In the course of preparing this additional modification to require that the amendment, Senator ENSIGN and I were and sexual assault. Our efforts contrib- first report include the attached provisions uted to almost a 50 percent drop in do- invited to work with the Veterans’ Af- from an amendment we offered on the De- fairs Committee to accomplish the fense Authorization bill to provide a more mestic violence. same thing. We hope this approach will accurate estimate of the costs of various pro- The Violence Against Women Act of be successful and will therefore not posals to increase GI Bill benefits. 2005 renews several successful programs bring our amendment to a vote. We appreciate your continued leadership and provides funding for training, edu- This is the start of an effort to im- on this issue. cation and outreach to protect women. prove G.I. bill educational benefits. It Sincerely, It encourages collaboration among law is not just the right thing to do; it is JOHN KERRY. enforcement, the courts, and public JOHN ENSIGN. critical to our national security. We all and private services providers to vic- know that this is the most challenging f tims of domestic and sexual violence. recruiting environment in the history VIOLENCE AGAINST WOMEN ACT It stiffens criminal penalties for repeat of the All-Volunteer military. In a 2004 Federal domestic violence offenders, survey, servicemembers reported that Mrs. CLINTON. Mr. President, I rise and updates the criminal law on stalk- the G.I. bill is the number one reason today to applaud my Senate colleagues ing to incorporate new surveillance they choose to enlist in the military. for unanimously passing legislation to technology like global positioning sys- We must make sure that we understand protect American women from domes- tems. It incorporates prevention strat- how those benefits are being used and tic violence. egies targeted at men and boys. And it what the alternatives are to improve The Violence Against Women Act ex- strengthens rape crisis centers and the them. pired this past Saturday, October 1. I health care system’s response to family I ask unanimous consent that the cosponsored the renewal of this vital violence. text of the letter I sent with Senator legislation because it strengthens Fed- The bill also addresses the special ENSIGN to the Veterans’ Affairs Com- eral and State efforts to prevent do- needs of victims who are elderly, dis- mittee, which was mentioned above, be mestic violence and assist victims of abled, children, immigrants, residents printed in the RECORD. domestic violence. It focuses resources of rural communities, and members of There being no objection, the mate- and attention on some of the most vul- ethnic and racial communities. It pro- rial was ordered to be printed in the nerable women in our society—women vides emergency leave and long-term RECORD, as follows: who too often suffer in silence. transitional housing for victims. U.S. SENATE, I am so pleased that by passing this The Violence Against Women Act of Washington, DC, October 5, 2005. bill the Senate has reaffirmed its com- 2005 will save lives. It also will save Senator LARRY CRAIG, mitment to helping women, men, and money. A 2002 university study found Chairman, children prevent and cope with domes- that money spent to reduce domestic Senator DANIEL AKAKA, tic abuse. Ranking Member, Senate Committee on Vet- violence saved nearly ten times the po- erans’ Affairs, Russell Senate Office Build- The Violence Against Women Act re- tential costs incurred between 1995 and ing, Washington, DC. sponds to an ongoing crisis within 2000 for medical, legal, and other vic- Representative STEVEN BUYER, many American families. Too many of timization costs. On an individual Chairman, our grandmothers, mothers, and daugh- level, the bill costs roughly $15.50 per Representative LANE EVANS, ters, and too many of our grandfathers, woman in the United States and saves Ranking Member, House Committee on Vet- fathers, and sons are abused at home an estimated $159 per woman. erans’ Affairs, Cannon House Office Build- by a partner or family member. Every Despite the funding provided by the ing, Washington, DC. DEAR SENATOR CRAIG, SENATOR AKAKA, day in America some women and men, Violence Against Women Act, I believe CONGRESSMAN BUYER, AND CONGRESSMAN some elderly, are beaten, have objects that reducing the scale and alleviating EVANS: As you continue negotiations on The thrown at them, suffer emotional and the human toll of domestic violence re- Veterans’ Benefits Improvement Act of 2005, verbal abuse. Teenagers suffer abusive quires stronger Federal support. In my S1235, and its companion bills in the House, dating relationships. Many victims of own State of New York, in Albany, an we write to draw your attention to 38 USC, domestic violence feel trapped and award-winning organization dedicated Section 3036, which required a biannual re- need support and assistance to leave to providing legal assistance to victims port from the Secretary of Defense on the use and adequacy of readjustment and edu- their abusers and start violence-free of domestic violence and sexual assault cational benefits for veterans. As of January lives. faces the possibility of shutting down. 2005, no additional reports are required by The image of a severely battered Just this past September, the Depart- this section. woman spurs many of us to stop do- ment of Justice informed the group,

VerDate Aug 31 2005 08:22 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.049 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11297 The Capital District Women’s Bar As- NATIONAL LATINO AIDS in the fight against HIV and AIDS. We sociation Legal Project, that its appli- AWARENESS cannot become complacent. The need is cation for continued funding had been Mr. OBAMA. Mr. President, even as great, and the time to act is overdue. denied. The Department of Justice has our Nation faces new public health f supported the CDWBA Legal Project’s challenges, it is crucial that we not NOMINATION OF WAN J. KIM efforts on behalf of battered women for lose sight of a devastating disease that nearly a decade. With this financial as- has remained a challenge for decades Mr. CORZINE. Mr. President, it is sistance, the group has provided crit- the HIV/AIDS epidemic. Over the past with great pleasure and admiration ical services for more than 4,000 poor, two decades, the Nation has witnessed that I support the nomination of Wan battered women and their children tremendous strides in the diagnosis J. Kim, of my home State of New Jer- since 1996. The program has been so and treatment of this disease, and sey, to be the Assistant Attorney Gen- successful that the United States Of- overall, affected individuals are living eral for Civil Rights at the Department fice of Justice Programs identified it in longer and in better health. Yet ap- of Justice. 2003 as a ‘‘best practices program’’ as a proximately 40,000 Americans are still Wan Kim’s life is a testament to the model for communities striving to bet- infected every year, half of whom are American dream. Mr. Kim’s father ter serve and protect victims of domes- under the age of 25, and over 1 million came to New York from South Korea in tic violence and sexual assault. Yet Americans are living with this disease. 1971, with only a few hundred dollars in this program and, Director Lisa Frisch My own State of Illinois ranks sixth in his pocket and the dream of building a told me, other programs like it, are the Nation for HIV/AIDS, and our better life for his family. He spoke no losing their funding and ability to pre- health officials and experts continue to English and he took a job washing vent abuse and assist victims. work diligently to reduce the number dishes. His wife joined him several We critically need to provide this of newly infected, as well as provide months later, and worked in a garment funding—to stop domestic violence, high quality care to those who are in- factory. In 1973, Wan Kim and his sister and aid its victims. fected. left South Korea, where they had been Domestic abuse is an ongoing crisis As with so many diseases, HIV/AIDS staying with their grandmother, to re- for many American families. It is the has had a disproportionate impact on unite with their parents on U.S. soil. common cold of violence for Americans the Latino community. While rep- Wan Kim was 5 years old at the time. today. But working together, as Fed- resenting only 14 percent of the U.S. The family soon moved to New Jer- eral, State, and local officials, as gov- population, Latinos comprise 20 per- sey, where Mr. Kim’s parents pur- ernmental and nongovernmental orga- cent of the population affected by HIV/ chased a luncheonette in Jersey City, nizations, as individuals, we can reduce AIDS. However, unlike every other ra- and later a home in Union Township. cial and ethnic group, the number of the severity and the prevalence of do- Mr. Kim’s parents worked 7 days a estimated deaths among Latinos with mestic violence. We can protect the week to provide an education and a life AIDS is actually increasing—a 17 per- most vulnerable members of our soci- of opportunity for their children. Mr. cent growth between 1999 and 2003. Kim excelled in school, graduating as ety women, the elderly, children. I ap- As the largest and fastest growing plaud Senators BIDEN, HATCH, and valedictorian of his high school class ethnic minority group in the U.S., it is and serving this country in the Army SPECTER who introduced the Violence imperative that HIV/AIDS prevention Against Women Act of 2005 in June, Reserves. He received his bachelor’s de- and treatment in the Latino commu- gree from Johns Hopkins University and the nearly 60 Senators who cospon- nity remain a top priority for our Na- sored the legislation, Members on both and his law degree from the University tion. of Chicago Law School. sides of the aisle. Their hard work I am proud to join Representative Following law school, Mr. Kim helps to strengthen American families. HILDA SOLIS, Chair of the Congres- clerked for Federal Judge James L. sional Hispanic Caucus’ Task Force on Buckley on the DC Circuit Court. He f Health, and other members of the Con- gressional Hispanic Caucus and Con- then worked as a trial attorney in the gressional Black Caucus, in recognizing Criminal Division of the Department of LOCAL LAW ENFORCEMENT Justice, where he participated in the ENHANCEMENT ACT OF 2005 October 15 as National Latino AIDS Awareness Day. On this day, we renew prosecution of the Oklahoma City Mr. SMITH. Mr. President, I rise our commitment to ending the spread bombing case. Mr. Kim later served as today to speak about the need for hate of HIV and ensuring quality of life to an assistant U.S. attorney for the Dis- crimes legislation. Each Congress, Sen- those with HIV regardless of their trict of Columbia, as counsel on the ator KENNEDY and I introduce hate country of origin or immigration sta- Senate Judiciary committee, and as a crimes legislation that would add new tus. We do this whether we are Latino, lawyer in private practice. Since Au- categories to current hate crimes law, African American, Asian, Caucasian or gust 2003, Mr. Kim has served as a dep- sending a signal that violence of any Native American. Although we all be- uty assistant attorney general of the kind is unacceptable in our society. long to separate communities, it is im- Civil Rights Division at the Depart- Likewise, each Congress I have come to portant that we stand as one commu- ment of Justice, where he is charged the floor to highlight a separate hate nity in the fight against this disease with oversight of the criminal, edu- crime that has occurred in our coun- that is rapidly targeting populations of cational opportunities, and housing try. color. and civil enforcement sections. On December 7, 2003, in Largo, FL, The numbers are growing and so If confirmed as assistant attorney Reshae McCauley, a 30-year-old should our national attention towards general, Mr. Kim will be the Nation’s transgender person, visited Z109, a the issue. The reauthorization of the top civil rights law enforcement offi- local club. The following evening Ryan White CARE Act is an example of cer. In that capacity, he will be respon- Reshae’s body was discovered near her how our Nation can help. It is also crit- sible for overseeing more than 300 at- home where she had died of severe ical to increase funding for the Minor- torneys nationwide and with ensuring upper body trauma. According to po- ity AIDS Initiative, MAI, which ad- the vigorous enforcement of this na- lice, the apparent motivation for the dresses the disproportionate impact of tion’s civil rights laws—including attack was her sexual orientation. HIV/AIDS on people of color by allo- those relating to voting rights, em- I believe that the Government’s first cating specific funds for programs ployment discrimination, human traf- duty is to defend its citizens, to defend under the Ryan White CARE Act. Pro- ficking, and police misconduct. Mr. them against the harms that come out grams like Ryan White provide our Kim will enjoy the distinction of being of hate. The Local Law Enforcement most vulnerable populations, such as the first Korean-American and the first Enhancement Act is a symbol that can HIV/AIDS-stricken Latinos, with a naturalized citizen to assume that become substance. I believe that by chance for quality health care and a post. passing this legislation and changing brighter future. The position to which Mr. Kim is current law, we can change hearts and On October 15 and every other day of nominated is one of vital importance minds as well. the year, I encourage all of us to join to our Nation. There are those who

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.030 S07OCPT1 S11298 CONGRESSIONAL RECORD — SENATE October 7, 2005 would weaken or narrow the authority ical inactivity, and tobacco. Promoting Mr. President, I would like to recog- of the Civil Rights Division, or remove proper fitness and nutrition is not only nize the American Beverage Associa- it from Congressional oversight alto- good health policy but it is also good tion and its members for being part of gether. I disagree. The Department of fiscal policy as it prevents costly hos- a solution in achieving healthy life- Justice, and the Civil Rights Division pitalization and reduces future costs to styles and in fighting childhood obe- in particular, must continue to carry the taxpayer. We must work together sity. This commonsense policy does not out its indispensable role in safe- at the Federal, State and local levels unfairly single out individual foods or guarding the civil rights of all Ameri- to encourage healthy eating and exer- beverages through wholesale bans, but cans. The Department must hold firm cise. instead provides a reasonable balance in ensuring that no person, big or I am excited that Binational Health in vending choices and complements small, strong or weak, Black or White, week encourages the people of our the industry’s school-based physical Latino or Asian, is treated with any- great nations to discuss how we can activity programs. thing less than fairness, equality, and work together to ensure that families I commend The Coca-Cola Company justice under our laws. To this end, it across North America have every op- in my home State of Georgia, and the is essential that the powers of the Civil portunity to enjoy good health and entire beverage industry for its leader- Rights Division and the oversight au- happiness. ship on this issue and for its commit- thority of this body be vigorous, and f ment to making a substantial and posi- that the Division hire only the very tive impact on the well-being of our TRIBUTE TO AMERICAN best attorneys possible to carry out its students. BEVERAGE ASSOCIATION mission. f Mr. CHAMBLISS. Mr. President, There is no doubt that the Civil HONORING FORMER GOVERNOR today I rise to report on a development Rights Division will face many chal- STAN HATHAWAY lenges in the years ahead. The office by the American Beverage Association, Mr. THOMAS. Mr. President, I rise will require a leader with a firm com- ABA, and its members who have adopt- today to pay tribute to the life and mitment to civil rights and the resolve ed a new policy aimed at helping par- memory of Stan K. Hathaway. Sadly, to place the considerable resources of ents and schools to promote healthy Stan passed away on October 4, at the the Federal Government behind the lifestyles for our Nation’s students. age of 81. protection of those fundamental rights. Recently, the association’s board of directors established new school vend- One of six children, Stan was born in Mr. Kim has an impressive record of Osceola, NE. He grew up in Huntley, public service and has earned the ing policies for its members. The pur- pose was to help parents, teachers, and WY. Stan attended the University of strong respect of his colleagues and the Wyoming until he heard the call of legal community. I am confident that children in the school environment make good lifestyle choices by pro- duty, and in 1943, he left college and Mr. Kim will do all he can to preserve joined the Army Air Corps to serve his and strengthen our civil rights protec- viding appropriate beverage choices for each grade level. country in World War II. During the tions, and that in so doing, he will con- war, he flew bomber missions. For his tinue to make his family, his home Childhood obesity is a problem facing society, and I believe that responsi- service, Stan received the French Criox State of New Jersey, and his country de Guerre, U.S. Presidential Unit Cita- proud. bility for achieving healthy lifestyles is shared by everyone, including par- tions and five air medals. f When Stan returned from his tour in ents, communities, schools, govern- Europe, he enrolled at the University BINATIONAL HEALTH WEEK ment, and industry. of Nebraska to finish his bachelor’s de- Under the new ABA policy, the bev- Mr. LUGAR. Mr. President, I appre- gree and continued on to complete his erage industry will provide the fol- ciate this opportunity to join my law degree at the same institution. lowing: One, only bottled water and 100 friends from across the United States While there, he met and married his percent juice to elementary school stu- and Mexico to celebrate the 5th Annual lovely wife Bobby. Bobby was the light dents; two, nutritious and/or lower cal- Binational Health Week. Binational in his life. Their relationship was orie beverages to middle school stu- Health Week affords us an opportunity strong and full of love. They com- to reflect upon the many successful ef- dents, such as bottled water, 100 per- plimented one another beautifully, and forts made here in the United States in cent juice, sports drinks, no-calorie together, they accomplished tremen- cooperation with Mexican consulates and low-calorie soft drinks and low-cal- dous things. to promote health and well-being orie juice drinks—no full-calorie soft Following Stan’s graduation from amongst those who might otherwise drinks or full-calorie juice drinks with law school, he and Bobby moved to lack access to important health care 5 percent or less juice will be provided Torrington. Bobby began teaching, and services and to discuss what further ef- to middle school students until after Stan established his law practice. Here, forts should be made to address short- school hours; and three, a variety of they had their two daughters, Susan comings that still exist. beverage choices to high school stu- and Sandra. In 1954, Stan was elected Binational Health Week originated as dents, such as bottled water, 100 per- Goshen County Attorney, and in 1966, an effort by Mexico’s Secretary of cent juice, sports drinks, and juice he was elected Governor. After his sec- Health to direct health care services to drinks. No more than 50 percent of the ond term as governor, President Ford underserved migrant populations here vending selections made available to appointed Stan as secretary of the in- in the United States. In October 2001, high school students will be soft terior in 1975. He was Wyoming’s first the Mexican consulates in California drinks. cabinet officer. Health issues forced his partnered with the California Depart- This new policy complements the resignation shortly after his appoint- ment of Health Services to celebrate work the Committee on Agriculture, ment, and he moved to Cheyenne to re- the first Binational Health Week in an Nutrition, and Forestry completed in sume his law practice. effort to mobilize local health clinics the 108th Congress with the Child Nu- Stan always looked toward the fu- and community organizations to pro- trition and WIC Reauthorization Act of ture, and his innumerable contribu- vide services to people of Latin origin. 2004. Under the act, local school dis- tions still resonate in our great State. Since then, Binational Health Week tricts were directed to develop wellness During his two terms as Governor, has expanded to cities across the policies, address physical activity and Stan initiated groundbreaking policy United States, Mexico, and Canada. nutrition education, and implement for Wyoming. He enacted the State’s I feel strongly that we must do all nutrition standards for all food sold on first severance tax on minerals and cre- that we can to encourage people to pur- campus. The ABA’s new vending policy ated the Permanent Mineral Trust sue healthy lifestyles. Between one- is timely and welcomed, and can serve Fund where severance tax money is in- half and two-thirds of premature as a key component for the develop- vested. The fund now totals more than deaths in the United States and much ment of local wellness policies by help- $2 billion and earns enough to run a of our health care costs are caused by ing set important nutrition standards major portion of the State’s govern- just three risk factors: poor diet, phys- for our students. ment operations.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.041 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11299 Recognizing the value of our State’s eventually becoming a partner in the These comments are completely un- natural heritage and the need for con- firm of Wilkinson, Goeller, Modesitt, acceptable. They are especially so con- servation, Stan approved Wyoming’s Wilkinson & Drummy in Terre Haute. sidering the fact that rape and other first environmental controls on its He has also offered distinguished public acts of violence against women in minerals industry. In addition to cre- service in West Central Indiana as a Pakistan are a longstanding problem. ating the State department of environ- member of the board of directors and The U.S. State Department’s Country mental quality, he signed into law the chairman of the Greater Terre Haute Report on Human Rights Practices for State air quality act in 1967 and the Chamber of Commerce, president of the 2004 reported that one out of every two State water quality act in 1968. He was Terre Haute Rotary Club, president of Pakistani women last year was the vic- also a founding member of the Wyo- the United Way of the Wabash Valley, tim of mental or physical violence. ming Heritage Society/Wyoming Herit- and a member of the board of directors That is an astounding number. Addi- age Foundation in 1979. Stan was deter- of the Indiana State University Foun- tionally, the report states that hus- mined to protect Wyoming’s natural dation. bands frequently beat and even occa- treasures while securing its economic As chairman of the board of trustees sionally kill their wives and that many future. of the National Cathedral Association, females are disfigured by intentional Governor Hathaway also had a great Craig will help to facilitate funding for burnings or attacks with acid. So love for arts. He signed the 1967 bill the Cathedral and oversee its programs called ‘‘honor killings,’’ when husbands which established the Wyoming Arts and activities. The association, with murder their wives for alleged infi- Council. He and Bobby were leading pa- some 14,000 members, provides leader- delity or other acts deemed to impugn trons of the arts, helped lead the ship and support to the Cathedral. As the man’s honor, also continue to be a charge to inaugurate public funding for one who has had the opportunity to be problem in Pakistan. Yet the perpetra- the arts in the State, and helped de- a reader at an Indiana Day observance tors of these crimes often escape pun- velop many State programs to encour- at the Cathedral, I am grateful for the ishment. Pakistani human rights orga- age art. work of the Cathedral staff and the as- nizations documented 1,458 cases of Stan believed the most important sociation. honor killings last year, and many thing Wyoming could give its youth The National Cathedral was char- more likely went unreported. A study was an education and opportunities to tered by Congress in 1893. Contruction by Human Rights Watch estimates stay in the State. In recognition of his began in 1907, when the foundation that a woman in Pakistan is raped contributions to higher education, the stone was laid in the presence of Theo- every 2 hours and that approximately 2005 Wyoming Legislature named the dore Roosevelt, and lasted for 83 years; 70–90 percent of women suffer from ‘‘Hathaway Student Scholarship En- the last finial was placed in the pres- some form of domestic violence. dowment Account,’’ a $400 million dol- ence of George H.W. Bush in 1990. The The terrible stories of two Pakistani lar endowment for academic scholar- Cathedral has been the site of two rape victims have been vividly por- ships and endowed chairs at the State’s Presidential state funerals: for Dwight trayed in moving editorials by New universities and community colleges, D. Eisenhower and Ronald W. Reagan, York Times reporter Nicholas Kristof. in Stan and Bobby’s honor. and the mausoleum is the final resting From Kristof we first learned about Governor Hathaway’s trailblazing ef- place for Woodrow Wilson. President Mukhtar Mai, who was gang-raped in forts earned him many recognitions. Eisenhower lay in repose at the Cathe- 2002 on the orders of a council of tribal Many credit him with helping Wyo- dral before lying in state. In addition, elders, and also about Dr. Shazia ming pull out of its economic depres- a memorial service for Harry Truman Khalid, a Pakistani physician who was sion during the 1950s and 1960s. In 2000, took place at National Cathedral. It raped in January 2005 by a military of- Stan was the recipient of the Mary has been the venue to national prayer ficer in her place of employment. Mead Steinhaur Heritage Award for his services following many events, most These stories are tragic. But equally achievements in public service, private recently after Hurricane Katrina and troubling is the cruel reality that sector leadership and commitment to the attacks of September 11, 2001. many rape victims in Pakistan are Wyoming’s economic growth. Stan and I commend Craig on this signal honor pressured to drop charges by the au- Bobby also received the Governor’s and wish him every continuing success thorities, as was the case for Dr. Arts Award for Excellence in the Arts in his important leadership.∑ Khalid. Many who courageously decide in 2003. f to press forward are ostracized, beaten Stan and Bobby were dear friends of or even jailed on charges of adultery or VIOLENCE AGAINST WOMEN IN fornication. What we are witnessing is my wife Susan and I. Susan’s father, PAKISTAN Harry Roberts, served in Governor an archaic and twisted judicial system ∑ Hathaway’s administration as the su- Mr. LEAHY. Mr. President, I wish to where too often the victims are pun- perintendent of public instruction. She bring attention to the appalling human ished and the culprits go free. This recalls Stan’s deep beliefs and great rights abuses against women in Paki- practice of blaming and then abusing passion. When Stan spoke, you couldn’t stan and to express my dismay with the victim is a disgrace. help but listen. He was a true leader the recent comments of President At a time when the Bush administra- and a good man. Stan will be sorely Pervez Musharraf that rape in Paki- tion is embracing President Musharraf missed. stan has become an opportunity for and giving Pakistan huge amounts of women of his country to make money aid on account of his support for the f and emigrate. Victims of rape and do- administration’s policies in Afghani- ADDITIONAL STATEMENTS mestic violence in Pakistan and around stan, it should use its influence to the world are offended by these irre- press Musharraf to act immediately to sponsible remarks. address the rampant abuse of Pakistani TRIBUTE TO CRAIG M. MCKEE On September 13 President Musharraf women. This includes abolishing the ∑ Mr. LUGAR. Mr. President, I rise stated the following in an interview Hudood Ordinances, a harsh penal code today to congratulate a distinguished with the Washington Post: ‘‘You must introduced in 1979 by then-dictator Hoosier, Mr. Craig M. McKee of Terre understand the environment in Paki- General Zia ul-Haq to Islamize the Haute, IN, who will be installed as stan . . . This has become a money- legal system. Unfortunately, President chairman of the board of trustees of making concern. A lot of people say if Musharraf has taken few concrete steps the National Cathedral Association you want to go abroad and get a visa to to protect women from this discrimina- here in Washington, DC, at an Canada for citizenship and be a mil- tory and backward legal system. Evensong service on Thursday, October lionaire, get yourself raped.’’ President As we consider the plight of women 13. Musharraf subsequently denied making in Pakistan and the tremendous obsta- Since graduating from Indiana State these remarks, but the paper posted an cles they must surmount, the U.S. University and the Indiana University audio link of the interview on its must take a hard look at the consist- School of Law in Indianapolis, Craig website, confirming that he had in fact ency of our own policies, especially has worked as a respected attorney, been accurately quoted. with respect to advancing human

VerDate Aug 31 2005 08:22 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.024 S07OCPT1 S11300 CONGRESSIONAL RECORD — SENATE October 7, 2005 rights around the globe. I was troubled Today, there are 39.9 million Latinos leged rapists. VAWA also created a to hear that the State Department de- in the United States, which is nearly 14 grant program to improve law enforce- clined to react to Musharraf’s com- percent of the total population. ment in cases of violent crimes against ments. When asked about the interview Latinos live in every State and are women, rape prevention and education by a member of the press, a Govern- vital contributors to every aspect of programs, and funds for battered wom- ment spokesman skirted the issue by the future of our Nation. My State of en’s shelters. Earlier this year, my stating that ‘‘The United States Gov- Washington is home to the 10th largest home State of Washington received a ernment speaks out very clearly that Latino population in the United grant of over $2.3 million through this violence against women, wherever it States. Fourteen percent of Latinos program to help victims of domestic vi- may occur, is unacceptable. And work in managerial and professional olence get access to needed services around the world, where this is a prob- occupations. Twenty-one percent work and to enhance the partnership be- lem, we make a point of speaking out as operators and laborers, and another tween criminal justice agencies, victim against it.’’ 22 percent work in service occupations. services providers, and community or- Unfortunately, the administration is Not only are Latinos the fastest grow- ganizations which respond to domestic not practicing what it preaches. The ing population in the United States, violence. administration missed an important they are also the fastest growing group Since passing VAWA, local commu- opportunity to speak out against a rep- amongst small business owners. In the nities around the United States have rehensible allegation that women are past two decades, the number of made significant strides toward eradi- using rape in order to make money and Latino-owned businesses has grown by cating domestic violence. Between 1993 emigrate. In his inaugural address last over 600 percent. and 2001, the rate of nonfatal domestic year, the President stated that ‘‘all Such facts about the achievements violence dropped 49 percent. States who live in tyranny and hopelessness about the Latino community should have passed over 660 laws pertaining to can know: the United States will not not be surprising, as contributions by domestic violence, stalking, and sexual ignore your oppression, or excuse your Latinos can be traced back through the assault. Yet, despite our progress, a oppressors. When you stand for your history of the United States. On March woman in the United States is still liberty, we will stand with you.’’ I urge 27, 1513, Juan Ponce de Leon’s travels more likely to be assaulted, injured, President Bush to live up to his prom- led him to a land he named ‘‘La Flor- raped, or killed by a male partner than ise to promote democracy and advance ida.’’ In 1541, Hernando de Soto became by any other assailant. Three to four human rights and to not ignore the the first European to discover the Mis- million American women continue to women of Pakistan.∑ sissippi River. Mexican and Spanish be battered by their husbands or part- f voyagers explored the Pacific North- ners every single year. At least a third west as early as 1774. Joseph Marion of all female emergency room patients IN HONOR OF HISPANIC HERITAGE Hernandez, a member of the Whig are battered women. A third of all MONTH, SEPTEMBER 15–OCTOBER party, served as the first Latino Con- homeless women and children in the 15, 2005 gressman between 1822 and 1823. In 1962, U.S. are fleeing domestic violence. At ∑ Ms. CANTWELL. Mr. President, I Cesar Cha´ vez established the National least 5,000 women are beaten to death rise today to say a few words in honor Farm Workers Association, which later each year. This is unacceptable and we of the Latino communities of the became the United Farm Workers. need to continue our efforts to eradi- United States. As my colleagues know, These examples further evidence that cate domestic violence. September 15 to October 15 each year the history of the Latinos in the As we consider all issues of domestic marks Hispanic Heritage Month. United States is an integral part of our abuse, we need to also be aware of the Throughout this month, the United history as a Nation. advent of for-profit international mar- States celebrates the history, culture, I am pleased to have this opportunity riage brokers—companies that operate and traditions of Latinos as well as of Hispanic Heritage Month to give solely to connect men and women of their contributions to the United thanks to and honor the Latino com- different nations with the intent of States. September 15 was selected as munity. The accomplishments by getting married. Today, experts put the first day for this special month be- Latinos throughout the centuries and the number of international marriage cause it marks the anniversary of inde- their significant influence on our Na- brokers at nearly 500 worldwide. Based pendence for Costa Rica, El Salvador, tion today are cause for celebration.∑ on the 1999 statistics, there are be- Guatemala, Honduras, and Nicaragua. f tween 20,000 and 30,000 women who have Mexico and Chile also commemorate entered the U.S. using an international their independence days during the IN RECOGNITION OF DOMESTIC VI- marriage broker in the past 5 years. month, on September 16 and September OLENCE AWARENESS MONTH, While many of these matches result in 18, respectively. OCTOBER 2005 long, happy unions, there is an unfortu- As we celebrate Hispanic Heritage ∑ Ms. CANTWELL. Mr. President, I nate growing epidemic of domestic Month, we must also acknowledge the rise today in recognition of Domestic abuse among couples who meet challenges faced by this community. Violence Awareness Month. As we through a broker. The risk of foreign The Latino population is extremely mark the 11th anniversary of the Vio- women being abused and in some cases vulnerable to economic downturns and lence Against Women Act, VAWA, murdered by men they meet through experience high poverty rates, particu- which has given a voice to the thou- these mail-order bride agencies is larly among working families with sands of women and children who had heightened greatly when they do not children. We must work to continue silently suffered the effects of domestic have access to vital information about providing the infrastructure to assist violence, we must continue to build on their potential husbands or their rights families by strengthening job training, these protections for victims of domes- in the United States. In my home State child care, child nutrition, and trans- tic violence and sexual assault. of Washington, we know of at least 3 portation. Furthermore, we must con- The enactment of the 1994 Violence cases of serious domestic violence, in- tinue to lift the barriers on education. Against Women Act symbolized a sig- cluding 2 murders of women who met Only 12 percent of Latinos have grad- nificant Federal response to the prob- their husbands through Internet-based uated from college. As nearly half of lem of violence against women. The brokers. the Latino population is under age 25, original act rewrote Federal criminal On October 4, my colleagues unani- it is crucial that we provide access to law in several respects, including cre- mously passed legislation to reauthor- higher educational opportunities. The ating penalties for interstate stalking ize and improve the Violence Against Latino community in the United or domestic abuse, strengthening pen- Women Act once again. This legisla- States strives to succeed in all realms. alties and requiring restitution for re- tion includes language I authored that Providing a solid educational founda- peat sexual offenders, rendering a vic- will make information available to for- tion for the younger generation will tim’s past sexual behavior inadmissible eign women about the marital and vio- ensure continued growth and accom- in Federal cases, and allowing a Fed- lent criminal history of their prospec- plishments by the community. eral judge to order HIV testing of al- tive American husbands, in addition to

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.029 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11301 requiring international marriage bro- Mr. Walsh grew up in New Bedford, tion. And, I send my best wishes to kers to provide foreign fiances with in- MA, and attended Seton Hall Univer- him, his wife Cinda, and his family as formation about the rights and re- sity. He served as a Radioman First he embarks on this new stage in his sources available to domestic violence Class in the U.S. Navy during World life. victims in the United States. Under War II. Aboard the USS Hyter, he par- f current practice, American clients can ticipated in the naval escort for Presi- ANNIVERSARY OF THE DEATH OF get all the information they want dent Franklin Roosevelt as he flew to LEON KLINGHOFFER about foreign fiance´es, while foreign the conference at Yalta. clients only receive information that After he left the Navy, Bill Walsh ∑ Mr. SCHUMER. Mr. President, 20 the Americans choose to share, and nobly dedicated his life to helping years ago this month the world have no way to make sure what they those in need of mental health services changed forever for the family of Leon are told is true. By providing foreign and those debilitated by alcohol and Klinghoffer. Mr. Klinghoffer was a 69- women who meet their potential Amer- substance abuse. For 3 years, he served year-old American Jewish retired ap- ican spouses with ability to access as the executive director of the Mental pliance manufacturer from my State of their potential spouse’s marital and Health Association of Eastern Con- New York. In October 1985, he and his criminal history, we are taking a fur- necticut, where he created community wife Marilyn were celebrating their ther step to curb domestic violence. mental health services and educational 36th wedding anniversary by taking a The decisions we in Congress chose to seminars to meet the needs of eastern vacation aboard the Achille Lauro. make concerning the Violence Against Connecticut. On October 7, 1985, four members of Women Act of 2005 sets in place the pri- And, for the last 34 years, Mr. Walsh the Palestine Liberation Front took orities and funding levels that will di- has served as the president of the control of the Achille Lauro liner off rectly affect how we respond to and Southeastern Council on Alcoholism the coast of Egypt. While these hijack- prevent domestic violence in the com- and Drug Dependence. In that position, ers held the passengers and crew hos- ing years. he oversaw the development of three tage, they directed the vessel to sail to Because of its occurrence behind halfway houses, a detoxification pro- Tartus, Syria, and demanded the re- closed doors, many Americans are un- gram, outpatient services, and commu- lease of 50 Palestinians then held in aware of the severity of this problem. nity-based education programs. He has Israeli prisons. After being refused per- While domestic violence most directly helped thousands confront the dev- mission to dock at Tartus, the hijack- affects women, it hurts us all, no mat- astating effects of drug and alcohol ers killed the wheelchair-bound Leon ter our sex, race, religion, or economic abuse and take the difficult steps to re- Klinghoffer and threw his body over- status. As our Nation recognizes Do- covery. board into the sea. mestic Violence Awareness Month, let Mr. Walsh was also a pioneer in long- Nothing can ever repair the mindless each of us consider what we can further term care in Connecticut. In 1979 he de- horror that act of terror visited upon do to prevent its continuation.∑ veloped the Lebanon Pines Treatment the innocent. Nothing can replace the love of a husband and father. Yet we f Facility for those with chronic alco- holism, who are invited to live and can learn from this cowardly act of ter- NATIONAL PAYROLL WEEK work at the rural, alcohol-free facility ror and others like it. Indeed we must ∑ Mr. CHAMBLISS. Mr. President, I for an indefinite period. This program learn from it if we are to survive as a would like to recognize National Pay- has no doubt helped hundreds of indi- free nation in a world stalked by the roll Week, which was designated by the viduals find sobriety. terrorist gun and bomb. We must un- American Payroll Association as the Bill Walsh’s selfless desire to truly derstand that terrorism has gotten week of September 5–9, 2005. This week help those in need is further evidenced more dangerous to the United States signified an important effort to recog- by the extent to which he has been since Leon Klinghoffer’s senseless mur- nize the over 156 million working willing to share the vast knowledge der. The Achille Lauro hijacking sig- Americans and the payroll profes- that he gained working on the front naled the beginning of a new era and sionals who support the American lines. Over the last five decades, he has shattered illusions that Americans economy by paying wages, reporting strenuously lobbied the Connecticut were not vulnerable to international worker earnings, and withholding Fed- legislature on behalf of those suffering terrorism. eral employment taxes. from addictions to drugs or alcohol and Mr. Klinghoffer’s widow, Marilyn and Together, this hard working group of their treatment providers. He has his two daughters courageously sought Americans contributes, collects, re- served on numerous boards and advi- to turn their grief into meaningful ac- ports, and deposits approximately $1.4 sory committees dedicated to sub- tion by speaking out against the trillion, or 71 percent, of the annual stance abuse treatment. And he has scourge of terrorism and establishing revenue of the U.S. Treasury. Payroll lectured on substance abuse and com- the Leon Klinghoffer Memorial Foun- professionals continue to play a key munity rehabilitation projects at col- dation of the Anti-Defamation League. role in maintaining the economic leges and universities in Connecticut Since Marilyn’s passing in 1986, the health of the United States by carrying and throughout our Nation. foundation that now bears both their out such diverse tasks as paying into Millions of Americans battle drug names continues to raise awareness the unemployment insurance system, and alcohol addiction every day. Bill about the growing reach, sophistica- providing information for child support Walsh has dedicated his life to making tion, and lethality of terrorism, to enforcement, and carrying out tax sure that they don’t fight alone. For identify gaps in America’s withholding, reporting, and depositing. his tireless service, Connecticut and, counterterrorism law, and to advocate Payroll professionals also work with indeed, the whole Nation owe him a for their closure. Federal and State tax officials to make tremendous debt of gratitude. Having seen firsthand the destruc- the tax system more efficient and to Next week, a dinner will be held in tion and pain caused by the murder of improve compliance. honor of Bill Walsh’s many contribu- even one victim, the Klinghoffer family National Payroll Week celebrated tions to the field of substance abuse has reached out to other victims of ter- the contributions of American workers treatment and to raise money for a ror to share their support, strength and and payroll professionals and the intri- scholarship fund to support those who experience. The Klinghoffer Founda- cate role they play in our economy and want to become substance abuse treat- tion has developed educational, polit- everyday lives.∑ ment professionals. Both the dinner ical, and legal strategies to enhance f and the scholarship fund are wonderful the fight against terror worldwide. tributes to Bill’s contributions to serv- The Senate salutes Leon and TRIBUTE TO BILL WALSH ing those who struggle each and every Marilyn’s two daughters, Lisa and Ilsa, ∑ Mr. DODD. Mr. President, I rise day with addiction. whose longtime education efforts today to honor a constituent and a pio- Once again, I thank Bill Walsh for his helped put a human face on the threat neer in substance abuse treatment, Bill years of dedicated service to his com- of terrorism long before fighting terror Walsh, who is retiring this year. munity, to Connecticut, and to our Na- became a necessary way of life for

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.026 S07OCPT1 S11302 CONGRESSIONAL RECORD — SENATE October 7, 2005 Americans, and whose advocacy has Branch, European Division, Direc- tangible and powerful symbol of the helped secure vital improvements in torate of Strategic Plans and Policy on American justice system to the people American counterterrorism policy. And the Joint Staff; Chief, Northeast Asia of the region. we join them in remembering Leon and Branch, Far East/South Asia Division, In addition to meeting the needs of Marilyn Klinghoffer.∑ Directorate of Strategic Plans and Pol- the court for additional space and re- f icy on the Joint Staff; and Deputy lated purposes, the Federal courthouse Chief Senate Liaison Office. General building will be a centerpiece and cata- IN HONOR OF MAJOR GENERAL Lorenz is also a published author pro- lyst for the continued renaissance of STEPHEN R. LORENZ viding articles to military journals on downtown Fresno. The strikingly de- ∑ Mr. ALLARD. Mr. President, I would Leadership and the Air Force resource signed courthouse stands as part of the like to take a moment today to recog- allocation process. downtown skyline that continues to nize one of the finest Air Force officers During his service to the 107th, 108th, grow. I am particularly pleased that on active duty, MG Stephen R. Lorenz. and 109th Congresses, General Lorenz the Federal Government has been an On September 6, General Lorenz left served as our principal budget liaison integral partner in downtown revital- his present position as Deputy Assist- with the Air Force, providing clear, ization with this and other projects. ant Secretary for Budget to become concise, and timely information on Together, they have brought thousands Special Assistant to the Air Force issues affecting sustainment, mod- of employees to the area. I applaud the Chief of Staff. During his time in Wash- ernization and readiness of our airmen. efforts of all those in the community ington, and especially with regard to Most importantly, he proved an essen- who, through their commitment and his work on Capitol Hill, General tial conduit between appropriators in dedication, helped make this latest ad- Lorenz personified the Air Force core Congress and frontline combat oper- dition to the downtown Fresno land- values of integrity first, service before ations during Operation Iraqi Freedom, scape a reality. self and excellence in all things. Many Operation Noble Eagle, and the global I hope this courthouse will ulti- Members and staff enjoyed the oppor- war on terrorism. In his 4 years as Di- mately be named for Senior U.S. Dis- tunity to work with him on a variety rector of Budget, he developed, advo- trict Judge Robert E. Coyle, a man who of Air Force issues and came to appre- cated, and executed over $37 billion of is widely and greatly admired and re- ciate his many talents. Today it is my warfighter requirements through sup- spected for his work as a judge. Judge privilege to recognize some of Steve’s plemental appropriations. General Coyle has had a distinguished career as many accomplishments since he en- Lorenz’s leadership, professionalism, an attorney and on the bench. Ap- tered the military 32 years ago, and to and expertise enabled him to foster ex- pointed to California’s Eastern Court commend him for the superb service he ceptional rapport between the Air in 1982, Judge Coyle has served the provided the Air Force, Congress, and Force and the Senate, and enabled Con- Eastern District for 20 years, including our Nation. gress to better understand Air Force 6 years as a senior judge. Steve Lorenz earned a bachelor’s de- priorities and programs. For over a decade, Judge Coyle has gree in international affairs from the I was pleased the President nomi- been a tireless champion of the effort U.S. Air Force Academy in 1973 and at- nated and the Senate confirmed Gen- to build this courthouse. He has been tended undergraduate pilot training at eral Lorenz for his third star with as- seen daily walking to and from the Craig Air Force Base, AL. From 1975 to signment as Commander, Air Univer- building site assuring that the job was 1980, he flew the EC–135 as aircraft sity, Air Education and Training Com- done right, which I am proud to report commander at Ellsworth AFB, SD, and mand, Maxwell Air Force Base, AL. is certainly the case. A courthouse over the course of later assignments to This higher grade and command are ex- building named in his honor will stand Wright-Patterson AFB, OH, and Castle ceptionally well deserved. I offer my as a testament to the people of Cali- AFB, CA, attained the qualification of congratulations to him, his wife Leslie, fornia of the distinguished career and KC–135 instructor pilot. General Lorenz and children, Tracy, Stephen, and the dedicated work of Judge Robert E. demonstrated his skill as an aviator in Kelly. The Congress and country ap- Coyle. the T–37, T–38, T–39, UV–18, EC–135A/G/ plaud the selfless commitment of his I am proud to commemorate the C, KC–135A/R, KC–10A, and C–141B air- entire family to the Nation in sup- dedication of the Federal courthouse craft. He is a command pilot with over porting Steve’s military career. building in Fresno, and wish its occu- 3,300 hours of flying time. I know I speak for my colleagues in pants and the people of the Fresno Di- From early in his career, General expressing my heartfelt appreciation vision of the Eastern District a bright Lorenz’s exceptional leadership skills to GEN Stephen Lorenz. He is a credit future as we continue to work to bring were evident to superiors and subordi- to both the Air Force and to the United justice and equality to all.∑ nates alike as he repeatedly proved States. We wish our friend the very f himself in numerous select command best and are confident of his continued THANKING AND CONGRATULATING positions. He has commanded an air re- success in a new command.∑ JANA DAVIS fueling squadron, the 93rd Air Refuel- f ing Squadron, Castle AFB, CA, a geo- ∑ Mr. LAUTENBERG. Mr. President, graphically separated operations CELEBRATING THE DEDICATION each year at about this time, three group, the 398th Operations Group, Cas- OF THE FEDERAL COURTHOUSE dozen or so scientists descend on Cap- tle AFB, CA and holds the distinct BUILDING IN FRESNO, CALI- itol Hill looking to work for Members honor of four Wing commands; the 22nd FORNIA of Congress or congressional commit- Air Refueling Wing, March AFB, CA, ∑ Mrs. BOXER. Mr. President, I rise to tees. They come to us offering their ex- the 722nd Air Refueling Wing, March recognize the dedication of the Federal pertise and service free of charge, cour- AFB, CA, the 305th Air Mobility Wing, courthouse building in Fresno, CA, tesy of the American Association for McGuire AFB, NJ, and the 34th Train- which is to occur October 18. the Advancement of Science, AAAS. ing Wing, United States Air Force The magnificent Federal courthouse For over 30 years now, AAAS and its Academy, Colorado Springs, CO, as the building will provide the much-needed constituent professional societies have Commandant of Cadets. Under his com- space and capacity to effectively serve provided science fellows, and Congress mand, two of those wings were recog- a region that is continuing to grow at and the Nation are better for it. nized and honored as the ‘‘Best Wings’’ a rapid rate. This building will help en- Science and technology dominate our in their respective numbered Air sure the swift and efficient administra- lives and yet there are relatively few Forces. tion of justice to the people of the scientists and engineers engaged in for- Steve Lorenz excelled in a variety of Fresno Division of the Eastern Dis- mulating public policy, either as Mem- key staff assignments. These include trict, which covers the counties of bers of Congress or as congressional serving as Director of Plans and Pro- Calaveras, Fresno, Inyo, Kern, Kings, staff. As Carl Sagan said, ‘‘We live in a grams, Headquarters U.S. Air Forces in Madera, Mariposa, Merced, Stanislaus, society exquisitely dependent on Europe; Chief, European and North At- Tulare, and Tuolumne. Furthermore, science and technology, in which hard- lantic Treaty Organization Policy this impressive edifice will be the most ly anyone knows anything about

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.037 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11303 science and technology.’’ That is why I want to thank the American Geo- values, are reclaimed—an effort on the the AAAS science fellows are so impor- physical Union for sponsoring Jana and part of the Rhode Island team to re- tant. the AAAS for sponsoring the science duce construction waste. Scientific expertise has never been fellows program. The program is in- As a design school, RISD was con- more important than it is right now. valuable because it brings talented, en- cerned about the attractiveness of the The Bush administration and its allies ergetic, and idealistic scientists like materials and design principles, which in and out of government are pursuing Jana Davis to Capitol Hill. We need will improve the marketability of solar policies that seem to depend on repudi- more people like that here in Con- home features. Function and aesthetics ating science on everything from the gress.∑ led the team to incorporate both a roof environment to biomedical research to garden and a louvered skin. The f education. Whether we are talking louvered skin is adaptable, so as to re- about global warming or stem cell re- RHODE ISLAND SCHOOL OF DE- flect heat during the day and keep in search or teaching evolution, this ad- SIGN SOLAR HOME IN SOLAR DE- heat during cold nights. Moreover, the ministration and the majority here in CATHLON 2005 skin provides ‘‘chameleon-like’’ color Congress too often ignore or dispute ∑ Mr. REED. Mr. President, from Octo- variations and graphics that add to the the solid consensus that exists in sci- ber 7 through October 16, 2005, the Na- home’s artistic style as it tracks the entific communities with regard to tional Mall will be transformed into a cycle of the sun. The roof garden brings these and other crucial issues. solar village. The Solar Decathlon 2005 an element of tranquility to the home’s For the past year, I have been fortu- will showcase 18 solar homes designed, design but is also a smart use of space nate to have Dr. Jana Davis work in built, and operated by university teams for a home designed for an urban set- my office as a AAAS science fellow. from across the United States as well ting where a lawn is hard to find. This Her tenure has come to an end and she as Canada and Spain. Each of the uni- element is one that illustrates the will soon start a new job with the Na- versity teams chosen for the decathlon team’s goal to blend the boundary be- tional Oceanic and Atmospheric Agen- competed in 10 contests that measured tween home and environment. cy, NOAA, so I would like to take this the aesthetics and livability of the The Rhode Island team also created a opportunity to thank her for her serv- solar homes as well as their capacity to home that is adapted to its sur- ice here in the Senate and to congratu- provide lighting, heat water, and run roundings. Since the home was de- late her on her new job. household appliances, including a TV, signed as an urban dwelling, it uses a Jana is a New Jersey native who refrigerator, and computer. Each team north/south orientation, allowing for went to Yale University for her under- the home to receive ample lighting if demonstrated the ability to power an graduate degree in environmental biol- serving as a townhouse between adja- electric car from the energy harnessed ogy. She received her Ph.D. in oceanog- cent homes. The RISD team took into by the solar home—an important raphy from the Scripps Institution of account the expansion of its townhouse achievement in this day of sky- Oceanography. After that, she served style to a community scale. With the rocketing fuel prices. I am proud that as a postdoctoral fellow and biologist addition of mirrored or identical units, the Rhode Island School of Design, at the Smithsonian Environmental Re- the entire lot would collectively be- known as RISD, is among the 18 par- search Center. She has held various come more energy efficient. Further- ticipating teams in the Solar Decath- teaching jobs and has a lengthy list of more, the variations in how these mod- scholarly publications to her credit. lon. ules fit together would create open The first Solar Decathlon, held on In her short time here, Jana worked spaces that provide a private haven the Mall in 2002, received more than on a number of bills and became a when juxtaposed against an urban 100,000 visitors. The decathlon, spon- trusted adviser on a range of scientific backdrop. issues, especially those which fall sored by the U.S. Department of Ener- The Rhode Island team applied great under the jurisdiction of the Com- gy’s Office of Energy Efficiency and effort to the design of the ‘‘mechanical mittee on Environment & Public Renewable Energy, aims to educate core’’ that runs the heating, cooling, Works and the Committee on Com- policymakers and the public about al- plumbing, and electricity of the house. merce, Science & Transportation—two ternative energy sources to improve Centrally located, this unit minimizes of the three committees I serve on. For building design and quality of life. The the need for ducts and piping through- instance, Jana was the principal au- competition motivates participating out the home, thereby increasing en- thor of several measures I have intro- teams to use cutting-edge solar tech- ergy efficiency throughout the struc- duced, including S. 1645, an ocean and nologies, renewable materials, and en- ture. RISD’s house is so efficient that coastal science literacy and education ergy-efficient building principles so it produces enough reserve energy from bill; S. 1635, a bill to protect deep sea that these features will become part of the sun that it will be able to power a coral habitat; S. 1619, a bill to reduce the mainstream of home design. car. pesticide use in schools; and S. Res. 99, RISD’s solar home is a team effort on Upon conclusion of the competition, a resolution urging the U.S. delegation the part of more than 60 students and several teams will offer the homes that to the International Whaling Commis- seven departments from both the they designed and built for educational sion to press for an end to dolphin Rhode Island School of Design and or living use. The RISD students in- slaughter. Jana also drafted the ‘‘Save Brown University. The team was led by tend to transport their solar home Climate SCIENCE’’—Scientific Credi- architecture faculty members, William back to Providence, RI, where it will bility, Integrity, Ethics, Non-partisan- Yoder and Jonathan Knowles. These serve as an example of smart building ship, Consistency, and Excellence— students worked for 2 years on the pro- design for the community. amendment I offered to H.R. 6, the En- duction of an environmental and en- The Solar Decathlon offers an oppor- ergy bill. And she served as my rep- ergy-smart home design while taking tunity to witness first hand the inge- resentative in Commerce Committee classes specifically geared toward this nuity of the participating teams and staff negotiations on reauthorizing the end. Last week, they transported their the innovative solutions available to Coastal Zone Management Act, ballast solar home to Washington, DC, for as- Americans to reduce our energy de- water exchange legislation, and the sembly on the National Mall. mand and propel us on a cleaner and Magnuson-Stevens Fishery Conserva- The principle behind RISD’s design is sustainable energy path. Visitors to tion and Management Act. to incorporate high-tech solar tech- the solar village will be able to tour Jana has done a superb job during nologies with low-tech materials that each of the 800 square-foot homes and her fellowship. I have relied on her sci- increase energy efficiency. Through ask the students questions regarding entific expertise and she has shown a this combination, the students illus- their solar design and technology great aptitude for public policy. I am trated that designers and homeowners choices. Workshops are scheduled grateful for her service and value her do not need to be well-versed in com- throughout the week for visitors to numerous substantive contributions. I plex technologies to incorporate solar learn how to incorporate into their regret that she is moving on but our into their homes. Furthermore, many homes both active and passive solar en- loss here in the Senate is NOAA’s gain. of the materials used in the RISD solar ergy, improved energy efficiency tech- She will do a superb job at NOAA. home, while having high insulation nologies, and biobased products. My

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.048 S07OCPT1 S11304 CONGRESSIONAL RECORD — SENATE October 7, 2005 sincere congratulations to the Rhode Public servants in his line of work nor- democracy over tyranny and oppres- Island team for a job well done.∑ mally do not receive the recognition sion. Ordinary Americans like Joseph f they deserve. Our State needs more McLachlan gave the best years of their people like Norm who dedicate their lives to the greatest mission this coun- NORMAN L. KIRKHAM entire professional careers to ensure try has ever taken on. The world owes ∑ Mr. ROCKEFELLER. Mr. President, I that people have adequate employ- them a huge debt of gratitude. rise today to recognize the many years ment, roads, water, sewage, and other After the war, McLachlan stayed in of service Norman ‘‘Norm’’ L. Kirkham services and infrastructural needs com- the military. In 1948, he flew 44 mis- has provided to the people of southern monly taken for granted. sions in the Berlin Airlift, one of the West Virginia. For the last 19 years, Always modest and never in the lime- first major crises of the Cold War. A Mr. Kirkham has held the position of light, Norm is firmly rooted in rural command pilot, McLachlan led a B–47 executive director of the West Virginia Summers County where he inherited Squadron at MacDill Air Force Base in Region I Planning and Development the values that make southern West Tampa. He was vice-commander of Council and worked tirelessly on var- Virginia a unique and wonderful area— Zaragoza Air Base in Spain and Com- ious projects during the 10 years prior service to community and nation and mander of Lincoln Air Base in Ne- to that. This organization is a non- dedication to family and neighbors. braska. He retired as Chief of Foreign profit public agency that coordinates Through his hard work and integrity, Liaison at the Pentagon. with the Federal, State, and local gov- Norm has earned the respect of every After leaving the military, Colonel ernments to provide comprehensive local official in southern West Vir- McLachlan went on to have a success- planning for the coalfields of southern ginia; Federal and State officials; Gov- ful 19-year career in the private sector. West Virginia. After numerous years of ernors, past and present; and the Mem- His greatest legacy is his large and lov- working with the citizens of McDowell, bers of the congressional delegation. ing family. He had 6 children, 10 grand- Mercer, Monroe, Raleigh, Summers, In retirement, Norm can more fully children, and 7 great-grandsons. and Wyoming Counties to improve devote himself to what he cherishes Mr. President, COL Joseph their quality of life and develop the re- most in life—his family, his Summers McLachlan was a great American. As gional economy, Norm is retiring effec- County farm and his community. He we prepare to lay his remains to rest at tive October 31, 2005. will surely be missed at Region I and Arlington, I ask my colleagues to join Many of Norm’s colleagues praise throughout all of West Virginia, but he me in honoring him and his family.∑ him for his active role as the driving leaves a career of good work that will f force behind the scenes, turning pro- last generations. posed plans and ideas into economic re- I will sincerely miss working with MESSAGES FROM THE PRESIDENT alities for southern West Virginia. One Norm but I suspect even in retirement, Messages from the President of the such example is a project to bring a some very worthwhile community United States were communicated to new Federal prison to McDowell Coun- projects are going to find themselves in the Senate by Mr. Saunders, one of his ty, West Virginia. Over the last decade, need of a seasoned volunteer just like secretaries. I have worked alongside Norm to help him. Regardless, I wish him the very f develop a site for the prison and secure ∑ best. EXECUTIVE MESSAGES REFERRED approval for the prison. As a result of f his relentless hard work and deter- As in executive session the Presiding mination, the new Federal prison will HONORING COLONEL JOSEPH Officer laid before the Senate messages create 350 high-paying jobs in an area JULIAN MCLACHLAN from the President of the United that desperately needs them. I am ∑ Mr. SALAZAR. Mr. President, I rise States submitting sundry nominations enormously proud to have worked with today to honor the life and legacy of and two withdrawals which were re- Norm on this and so many projects. COL Joseph Julian McLachlan. Colonel ferred to the appropriate committees. During his tenure as executive direc- McLachlan is a World War II hero and (The nominations received today are tor, Norm has helped to secure funds to a proud Air Force veteran who died at printed at the end of the Senate pro- provide flood relief to the flood-prone the age of 85 in late July. Next week, ceedings.) valleys and riverbanks of southern he will be interred at Arlington Na- f West Virginia, enhanced the water sys- tional Cemetery. With the honors of a MESSAGES FROM THE HOUSE tems in towns such as Princeton, full military funeral, he will take his Welch, and Union, and lobbied for rightful place alongside America’s grant money to support senior citizen greatest heroes, Medal of Honor recipi- ENROLLED BILL SIGNED centers. In addition to advancing spe- ents and veterans going back to the At 8:54 a.m., a message from the cific economic development projects, American Revolution. House of Representatives, delivered by Born in 1920, Joseph McLachlan en- Norm has helped ease access to tech- Ms. Brandon, one of its reading clerks, listed in the Army Air Corps at the nology, sewage, and other forms of in- announced that the Speaker has signed start of World War II. He completed his frastructure throughout southern West the following enrolled bill: Virginia. pilot training and was commissioned in Without a doubt, Norm has contrib- 1942. As part of the famed 368th Fighter S. 1413. An act to redesignate the Crowne Plaza in Kingston, Jamaica as the Colin L. uted a great deal to his agency and to Group, McLachlan flew two strafing Powell Residential Plaza. the people of southern West Virginia. missions in support of ground troops on The enrolled bill was signed subse- His contributions are even more im- D-Day. Six days later, he was shot quently by the President pro tempore pressive when one considers the dire down and hid behind enemy lines until (Mr. STEVENS). need for economic development in the he could rejoin American troops. Over southern West Virginia coalfields. Tra- the course of the war, he completed 91 At 12:19 p.m., a message from the ditionally, the economy of southern missions as a P–47 pilot. He earned a House of Representatives, delivered by West Virginia has relied heavily on the Silver Star, Distinguished Flying Mr. Hays, one of its reading clerks, an- coal industry. Through coordination Cross, Purple Heart, 17 Air Medals, and nounced that the Speaker has signed and planning, Norm and his agency the Legion of Merit. the following enrolled bill: have helped diversify the region’s econ- Today, more than 60 years later, it is S. 1786. An act to authorize the Secretary omy and tremendously enhance the hard to recapture the tremendous un- of Transportation to make emergency air- infrastructural needs that are vital to certainty that America faced at the port improvement project grants-in-aid development in southern West Vir- eve of the Normandy invasion. Oper- under title 49, United States Code, for re- ginia. Many successful economic devel- ation Overlord employed more than pairs and costs related to damage from Hur- opment sites can be attributed to 5,000 ships and landing craft, more than ricane Katrina and Rita. Norm’s dedication to promoting and 12,000 airplanes, and more than 150,000 The enrolled bill was signed subse- developing economic prosperity for troops. Their bravery carried the day quently by the President pro tempore every person and family in his region. and led to the victory of freedom and (Mr. STEVENS).

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.031 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11305 At 12:33 p.m., a message from the is a repository of pharmaceuticals and med- in both Iraq and Afghanistan, we are, more House of Representatives, delivered by ical supplies administered jointly by the than ever, dependent on the National Guard Ms. Brandon, one of its reading clerks, United States Department of Homeland Se- to defend the United States, both overseas announced that the House has passed curity and United States Department of and at home; and Health and Human Services; and Whereas, More than 197,000 soldiers of the the following bill, in which it requests Whereas, Currently, if an act of bioter- Army National Guard and 31,000 members of the concurrence of the Senate: rorism occurs within Mexico near the United the Air National Guard have been mobilized H.R. 3439. An act to designate the facility States border, it is up to each United States since September 11, 2001, the largest mobili- of the United States Postal Service located border state, including Texas, to request and zation of the National Guard since World at 201 North 3rd Street in Smithfield, North deploy the Strategic National Stockpile War II; and Carolina, as the ‘‘Ava Gardner Post Office’’. across the border to protect the citizens of Whereas, At this time, more than 51,000 The message also announced that the the state; and Army Guardsmen are on the ground in Iraq Whereas, Procedures for deploying Stra- and 15,000 are serving in Afghanistan, and House has agreed to the following con- tegic National Stockpile assets require the sadly, more than 100 National Guard mem- current resolutions, in which it re- affected state governor’s office to request de- bers have made the ultimate sacrifice; and quests the concurrence of the Senate: ployment from the Centers for Disease Con- Whereas, Whether serving in the Iraq and H. Con. Res. 59. Concurrent resolution rec- trol and Prevention or the Department of Afghanistan theaters or at home in the US, ognizing the contributions of African-Amer- Homeland Security; although the assets are National Guard members are operating side- ican basketball teams and players for their transferred to state and local authorities by-side with their active-duty counterparts; achievements, dedication, and contributions once they arrive at the designated receiving and to the sport of basketball and to the Nation. and storage site in the affected state, the Whereas, With a presence in more than H. Con. Res. 161. Concurrent resolution au- stockpile materials remain a federal asset; 3,000 communities across the nation, the Na- thorizing the use of the Capitol Grounds for and tional Guard is also playing a crucial role in an event to commemorate the 10th Anniver- Whereas, Deployment, which may include homeland security; and sary of the Million Man March. a mass antibiotic dispensing operation, re- Whereas, The ‘‘Guard and Reserve Readi- ness and Retention Act of 2005,’’ embodied in f quires substantial state and local resources to receive, secure, and distribute Strategic S. 337 and H.R. 558, are currently pending be- MEASURES REFERRED National Stockpile assets; staging and dis- fore the 109th United States Congress; and The following bills and joint resolu- pensing the assets in another country re- Whereas, In part, this legislation extends quires a coordinated, comprehensive ap- TRICARE coverage, the managed health care tion were read the first and the second proach that is best addressed by the federal system for the U.S. military, on a contribu- times by unanimous consent, and re- government; and tory basis, to all members of the National ferred as indicated: Whereas, The Homeland Security Act of Guard, regardless of mobilization status; and H.R. 358. An act to require the Secretary of 2002 charged the United States Department Whereas, In light of their expanded role in the Treasury to mint coins in commemora- of Homeland Security with defining the military operations overseas and national se- tion of the 50th anniversary of the desegrega- goals and performance requirements of the curity at home in our post-9/11 society, a re- tion of the Little Rock Central High School Strategic National Stockpile program as evaluation of our nation’s commitment to in Little Rock, Arkansas, and for other pur- well as managing the actual deployment of the citizen-soldiers of the National Guard is poses; to the Committee on Banking, Hous- assets; critical to the success of this initia- in order; and ing, and Urban Affairs. tive is ensuring capacity at the federal level Whereas, These brave men and women de- H.R. 3402. An act to authorize appropria- to respond to binational public health emer- serve more than our thanks, they deserve tions for the Department of Justice for fiscal gencies; now, therefore, be it more substantial personnel and readiness years 2006 through 2009, and for other pur- Resolved, That the 79th Legislature of the benefits that ensure the National Guard will poses; to the Committee on the Judiciary. State of Texas hereby respectfully request continue to attract the best and brightest, H.R. 3408. An act to reauthorize the Live- the Congress of the United States to enact from the active-duty component of the mili- stock Mandatory Reporting Act of 1999 and legislation to provide for federal deployment tary as well as the civilian population; and to amend the swine reporting provisions of of the Strategic National Stockpile within Whereas, The provision of adequate health that Act; to the Committee on Agriculture, Mexico, provided that the Mexican govern- care coverage to each and every citizen-sol- Nutrition, and Forestry. ment approves said request pursuant to trea- dier of the National Guard would repay but a H.R. 3439. An act to designate the facility ties and other agreements with the United small portion of our nation’s debt to these of the United States Postal Service located States; and, be it further exceptional men and women who are vigi- at 201 North 3rd Street in Smithfield, North Resolved, That the Texas secretary of state lantly defending our homeland, both at home Carolina, as the ‘‘Ava Gardner Post Office’’; forward official copies of this resolution to and abroad; now, therefore, be it to the Committee on Homeland Security and the president of the United States, to the Resolved by the General Assembly of the State Governmental Affairs. speaker of the house of representatives and of New Jersey: H.J. Res. 61. Joint resolution supporting the president of the senate of the United 1. This House calls upon the United States the goals and ideals of Gold Star Mothers States Congress, and to all the members of Congress to provide health care benefits for Day; to the Committee on the Judiciary. the Texas delegation to the congress with National Guard members and their families by authorizing a member to enroll, on a con- The following concurrent resolution the request that this resolution be officially entered in the Congressional Record as a me- tributory basis, for individual or family cov- was read, and referred as indicated: morial to the Congress of the United States erage under the TRICARE program, regard- H. Con. Res. 59. Concurrent resolution rec- of America. less of mobilization status. ognizing the contributions of African-Amer- 2. This House urges that the United States ican basketball teams and players for their POM–189. A resolution adopted by the Gen- Congress pass and the President of the achievements, dedication, and contributions eral Assembly of the State of New Jersey rel- United States approve the ‘‘Guard and Re- to the sport of basketball and to the Nation; ative to legislation to authorize National serve Readiness and Retention Act of 2005,’’ to the Committee on Commerce, Science, Guard members to enroll in Department of now pending in the 109th Congress as S. 337 and Transportation. Defense managed health care program; to and H.R. 558, which authorizes a member of f the Committee on Armed Services. the National Guard to enroll for individual ASSEMBLY RESOLUTION NO. 282 or family coverage under the TRICARE pro- PETITIONS AND MEMORIALS gram, a Department of Defense managed Whereas, The United States of America is health care program. The following petitions and memo- founded on the principle of citizen-soldiers rials were laid before the Senate and 3. Duly authenticated copies of this resolu- safeguarding our national security, a con- tion, signed by the Speaker of the General were referred or ordered to lie on the struct that is as essential today as it was Assembly and attested by the Clerk thereof, table as indicated: more than 368 years ago when the National shall be transmitted to the Vice President of Guard was established; and POM–188. A concurrent resolution adopted the United States, the Majority Leader of Whereas, The oldest military institution in by the Legislature of the State of Texas rel- the United States Senate, the Speaker of the the United States, the National Guard has ative to requesting the Congress of the United States House of Representatives and been, since its founding in 1636, a commu- United States to enact legislation to provide to every member of Congress elected from nity-based force composed of citizen-soldiers, for federal deployment of the Strategic Na- this State. the members of the Army and Air National tional Stockpile within Mexico; to the Com- Guard serving the nation in time of war and mittee on Armed Services. POM–190. A concurrent resolution their states in time of domestic emergency; SENATE CONCURRENT RESOLUTION 2 and adopted by the Legislature of the State Whereas, Created in 1999 to help state and Whereas, As our nation continues to fight of Texas relative to fully funding the local jurisdictions prepare for a national the War on Terrorism and our military National Aeronautics and Space Ad- emergency, the Strategic National Stockpile forces continue to be engaged in operations ministration budget request in support

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.038 S07OCPT1 S11306 CONGRESSIONAL RECORD — SENATE October 7, 2005 of the Space Exploration Vision for fis- ative to corporate average fuel economy States, and to the Administrator of the Na- cal year 2006; to the Committee on standards; to the Committee on Commerce, tional Highway Traffic Safety Administra- Commerce, Science, and Transpor- Science, and Transportation. tion. ASSEMBLY JOINT RESOLUTION NO. 5 tation. POM–192. A concurrent resolution adopted HOUSE CONCURRENT RESOLUTION Whereas, California has more than 26 mil- by the Legislature of the State of Texas rel- Whereas, The Legislature of the State of lion registered motor vehicles and ative to establishing a domestic energy pol- Texas is pleased to pay tribute to National Whereas, California represents at least 12 icy that will ensure an adequate supply of Aeronautics to Space Administration percent of the light-duty vehicle market in natural gas, the appropriate infrastructure, (NASA), whose intrepid explorations of space the United States; and and a concerted national effort to promote and important scientific discoveries have in- Whereas, Californians consume more than greater energy efficiency and that will open spired and benefited the people of our nation 18 billion gallons of motor fuel annually; and promising new areas for environmentally re- and state; and Whereas, A study adopted by the State En- sponsible natural gas production; to the Whereas, The Space Exploration Vision has ergy Resources Conservation and Develop- Committee on Energy and Natural Re- set a goal of returning the Space Shuttle to ment Commission (California Energy Com- sources. flight, completing assembly of the Inter- mission) and the State Air Resources Board SENATE CONCURRENT RESOLUTION national Space Station, developing the Crew (California Air Resources Board) projects Exploration Vehicle, returning humans to that demand for onroad gasoline fuel will in- Whereas, The price of natural gas in the the moon, and pursuing and human explo- crease by about 1.6 percent annually between United States is among the highest in the in- ration of Mars and the solar system; and now and 2020; that onroad diesel demand will dustrial world and continues to show great Whereas, NASA’s landmark achievement increase by about 2.4 percent annually be- volatility; and Whereas, Abnormally high natural gas in putting the first man on the moon, astro- tween now and 2020; and that the number of prices have been an unanticipated burden on naut Neil Armstrong, on July 20, 1969, cap- miles that Californians drive is growing at a the economy of the United States over the tured the imagination of people everywhere; rate greater than the population growth; and past 18 months; and and Whereas, California’s refineries are oper- Whereas, This new and major accomplish- Whereas, The United States is reliant on ating at near capacity, and California is im- natural gas in our national energy supply, ment ushered in new and exciting techno- porting more gasoline and diesel fuel annu- logical advances that have benefited our na- and forecasts predict a future imbalance be- ally to meet this growing demand; and tween natural gas supply and demand; and tion’s security and cellular communications; Whereas; The combination of greater de- NASA has also advanced our health care sys- Whereas, Manufacturers, farmers, small pendence on imported fuels and vulnerability tem through the development of MRI and businesses, local governments, and retailers to refinery outages exposes California’s CAT scan technology, fetal heart monitors, are struggling from the uncertainty in nat- economy to more frequent and higher fuel programmable heart pacemakers, and other ural gas prices, and thousands of jobs are price spikes; and important medical devices; and threatened because many businesses use nat- Whereas, Through education programs like Whereas, Fuel price spike vulnerability ural gas as a raw material as well as a source Texas Aerospace Scholars, the NASA Ex- creates a business climate with diminished of energy; and plorer Schools, and the Network of Educator certainty about anticipated expenses; and Whereas, The natural gas imbalance is not Astronaut Teachers, NASA is nurturing a Whereas, Petroleum extraction, refining, a free-market problem; the high price of nat- new generation of explorers and scientists and use are significant sources of pollution ural gas is created by governmental policies who can contribute to our nation’s excel- and environmental degradation in California that increase demand for natural gas while lence; and and around the world; and impeding the development of a greater sup- Whereas, NASA plays a vital role in the Whereas, Motor vehicle fuel economy dra- ply of natural gas by discouraging more ex- economy of the Lone Star State, by employ- matically affects fuel demand; and ploration and production; and ing nearly 3,000 civil servants and approxi- Whereas, A study adopted by the California Whereas, The United States needs policies mately 13,000 contractors at the Johnson Energy Commission and the California Air to encourage and ensure the safe and effi- Space Center and by awarding almost $4 bil- Resources Board determined that doubling cient domestic production and importation lion worth of NASA contracts annually; the fuel economy of the nation’s light-duty of natural gas; and small businesses across Texas with technical motor vehicle fleet is technically achievable Whereas, The State of Texas supports a challenges have benefited from the support and will result in important reductions in sound, domestic energy policy; now, there- of the aerospace industry, NASA, and the consumer demand for fuel; and fore, be it State of Texas’ support of the Technology Whereas, Only the federal government has Resolved, That the 79th Legislature of the Outreach Program, resulting in new business the authority to require motor vehicle fuel State of Texas hereby respectfully urge the ventures within the state; and economy improvements through the cor- United States Congress to enact legislation Whereas, The Space Exploration Vision has porate average fuel economy (CAFE) stand- in the 109th Congress establishing a domestic the potential to further drive innovation, de- ard; and energy policy that will ensure an adequate velopment, and advancement in the aero- Whereas, In recent years, the nationwide supply of natural gas the appropriate infra- space and other high technology industries motor vehicle fleet fuel economy has de- structure, and a concerted national effort to across the nation and in the State of Texas; clined as motor vehicles have become larger, promote greater energy efficiency and that and heavier, and less aerodynamic; and will open promising new areas for environ- Whereas, The extraordinary contributions Whereas, The United States Congress, mentally responsible natural gas production; of NASA to science and technology are the through its legislative powers, and the Presi- and, be it further pride of our state, and the Space Exploration dent of the United States, through the Presi- Resolved, That the Texas Secretary of Vision is truly deserving of legislative rec- dent’s administrative powers, are in position State forward official copies of this resolu- ognition; now, therefore, be it to require a significant increase in the CAFE tion to the President of the United States, to Resolved, That the 79th Legislature of the standard; and the Speaker of the House of Representatives State of Texas hereby respectfully urge all Whereas, The National Highway Traffic and the President of the Senate of the members of the United States Congress to Safety Administration’s current rulemaking United States Congress, and to all the mem- fully fund the National Aeronautics and raising CAFE standards for light-duty trucks bers of the Texas delegation to the Congress Space Administration budget request in sup- with the request that this resolution be offi- port of the Space Exploration Vision, as sub- and sport utility vehicles by just 1.5 miles cially entered in the CONGRESSIONAL RECORD mitted to the congress for fiscal year 2006, to per gallon above the 1996 levels, over three as a memorial to the Congress of the United enable the United States, and the State of years, bringing total requirements far below States of America. Texas, to remain leaders in the exploration requirements for passenger cars, is insuffi- cient to address the critical need to improve and development of space; and, be it further POM–193. A resolution adopted by the Gen- Resolved, That the Texas secretary of state fuel economy and reduce fuel demand; now, eral Assembly of the State of New Jersey rel- forward official copies of this resolution to therefore, be it ative to support for the Passaic River Res- the administrator of the National Aero- Resolved by the Assembly and Senate of the toration Initiative; to the Committee on En- nautics and Space Administration, to the State of California, jointly, That the Legisla- vironment and Public Works. President of the United States, to the Speak- ture of the State of California memorializes er of the House of Representatives and the the Congress and the President of the United ASSEMBLY RESOLUTION NO. 227 president of the Senate of the United States States to take necessary action to increase Whereas, The Passaic River Restoration Congress, and to all members of the Texas CAFE standards by at least 1.5 miles per gal- Initiative (PRRI), a new cooperative ap- delegation to the Congress with the request lon per annum until total average fuel econ- proach to restore the Passaic River, will uti- that this resolution be officially entered in omy for the new light-duty motor vehicle lize the leadership of the øU.S.¿ United States the Congressional Record as a memorial to fleet sold in California is double today’s av- Army Corps of Engineers, in partnership the Congress of the United States of Amer- erage; and be it further with the. øU.S.¿ United States Environmental ica. Resolved, That the Chief Clerk of the As- Protection Agency, and various concerned sembly transmit copies of this resolution to federal, state and local agencies; and POM–191. A joint resolution adopted by the the President of the United States, to all Whereas, The Passaic River and its sur- Legislature of the State of California rel- Members of the Congress of the United rounding wetlands have been degraded as a

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.080 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11307 result of øthe State’s¿ commercial growth in Whereas, The State of New Jersey recog- Whereas, It is recognized that Social Secu- the State that brought industrial develop- nizes that over 1,363,814 beneficiaries in this rity faces future challenges, but powerful ment to the øPassaic’s¿ shores of the Passaic State, including 140,693 disabled workers and members in both the President’s party and River and surrounding properties; and their families, as well as over 100,000 chil- the opposition do not find the solution in Whereas, The Passaic River, which tra- dren, receive guaranteed Social Security privatizing the most successful government verses New Jersey through Newark, is an benefits which allow them to live without program in our nation’s history; now, there- ideal pilot øfor the proposed PRRI as appro- falling into poverty or suffering from a di- fore, be it priated by Congress¿ project to showcase na- minished quality of life because of retire- Resolved, by the Senate of the State of New tionally the restoration of urban waterways, ment, disability, or the death of a parent or Jersey: wildlife habitat, and one of America’s most his- spouse; and 1. This House respectfully memorializes toric rivers; and Whereas, As of January 2005 (the most re- the Congress of the United States to reject Whereas, Under the PRRI, the øU.S.¿ cent data available) Social Security benefits the Social Security privatization proposals United States Army Corps of Engineers will for retired workers average only $965.32 per of the President’s Social Security Commis- engage in a cooperative project planning and month, which amount is barely sufficient to sion that would create private accounts, re- development process to identify and apply maintain a decent standard of living in many quire deep cuts in guaranteed Social Secu- feasible solutions to achieve environmental parts of New Jersey, especially for seniors rity benefits and lead to excessive federal restoration and economic revitalization of with relatively high health care costs; and borrowing. the Passaic River; and Whereas, The U.S. Congress has consist- 2. Duly authenticated copies of this resolu- Whereas, The results of the project devel- ently spent the Social Security surplus on tion, signed by the President of the Senate opment process will be incorporated in a re- other programs including tax cuts, which has and attested by the Secretary of the Senate, port to Congress from the Chief of Engineers created a long-term funding shortfall; and shall be transmitted to the presiding officers Whereas, In 2001 President George W. Bush as project implementation will require au- of the Congress of the United States and created the President’s Commission to thorization by Congress; and each member of New Jersey’s Congressional Strengthen Social Security (referred to in Whereas, The PRRI is related to several delegation. this resolution as the ‘‘Bush Social Security other current major federal initiatives, such Commission’’), naming as Commission mem- POM–195. A concurrent resolution adopted as those under øBrownfields Redevelopment¿ bers only those who advocated Social Secu- by the Legislature of the State of Texas rel- brownfields redevelopment, the NY/NJ Harbor rity privatization, and mandating that the ative to eliminating current caps on funded Estuary Program, and the Natural Resources proposals put forward by the Commission in- Medicare resident training positions and re- Damage Assessment and Restoration Pro- clude privatization of Social Security; and lated limits on costs per resident used to de- gram; and Whereas, The Bush Social Security Com- termine Medicare graduate medical edu- Whereas, On April 11, 2000 the Committee mission’s proposed changes could reduce So- cation reimbursement payments and to reex- on Transportation and Infrastructure in the cial Security benefits to future retirees by as amine the direct and indirect graduate med- United States House of Representatives ap- much as 46 percent; and ical education reimbursement rates for grad- proved a resolution authorizing the øU.S.¿ Whereas, Under the Bush Social Security uate medical education in Texas; to the United States Army Corps of Engineers to Commission’s proposal, the cuts in Social Committee on Finance. conduct the Passaic River Environmental Security benefits would apply to all seniors, SENATE CONCURRENT RESOLUTION Restoration reconnaissance study, which is not just those who choose to participate in Whereas, Two major phases comprise the currently underway by the øCorps’¿ New privatized accounts; and York district of the United States Army Corps Whereas, The cuts in Social Security bene- American system of medical education— of Engineers; and fits could be even deeper if individuals shift medical school, consisting of classroom and Whereas, It is in the best interest of the funds to privatized accounts; and clinical training, and the several years of State to support the enactment of the Pas- Whereas, Privatization advocates attempt graduate medical education completed dur- saic River Restoration Initiative in order to to justify cuts in Social Security benefits by ing a student’s residency, typically in an ac- restore and preserve øthe Passaic River to¿ pointing to future projected shortfalls in the credited medical education program at a healthy environmental and economic condi- Social Security trust fund, but diversion of teaching hospital or academic health center; tions in and along the Passaic River; Now, payroll tax revenues from the trust fund into and therefore, be it privatized accounts would substantially ac- Whereas, Significant funding for this post- Resolved by the General Assembly of the State celerate the date by which the Social Secu- graduate training is provided through Medi- of New Jersey: rity trust fund becomes insolvent; and care’s graduate medical education program, 1. This House urges the United States Con- Whereas, In order to avoid accelerating the whereby the federal government reimburses gress to support the Passaic River Restora- insolvency of the Social Security trust fund, teaching hospitals and certain other facili- tion Initiative in order to restore and pre- the Bush Social Security Commission was ties for a portion of the costs associated with serve the Passaic River to healthy environ- forced to propose that the Federal Govern- operating health education programs; and mental and economic conditions, and to pro- ment incur as much as $4,700,000,000,000 in Whereas, Medicare’s funding includes two vide the funding for the federal share of the Federal debt (in today’s dollars) by 2042; and categories of reimbursement payments, di- project development process and the nec- Whereas, The non-partisan Congressional rect graduate medical education payments essary study funds of the øU.S.¿ United States Budget Office (CBO) predicts that there will and indirect graduate medical education Army Corps of Engineers to advance the Pas- be no shortfall until 2052, when Social Secu- payments; direct graduate medical education saic River Restoration Initiative. rity will be able to pay only 80% of recipi- payments cover the costs of resident sti- 2. Duly authenticated copies of this resolu- ents’ benefits due to insufficient revenue pends, salaries for supervising faculty posi- tion, signed by the Speaker of the General from the payroll tax, if no action is taken in tions, and administrative expenses associ- Assembly and attested by the Clerk thereof, the meantime; and ated with the residency program; indirect shall be transmitted to the Vice President of Whereas, In the past, the Social Security graduate medical education payments cover the United States, the Speaker of the United Trust Fund has encountered similar chal- the increased operating expenses resulting States House of Representatives, the major- lenges, including larger projected shortfalls from training residents, such as greater ity and minority leaders of the United States during the 1980’s, which were resolved with- technological needs, longer patient stays, Senate and the United States House of Rep- out privatization schemes and without re- and the ordering of a greater number of resentatives, and each member of Congress ducing guaranteed benefits for the elderly, tests; and elected from this State. the disabled, and children; and Whereas, The amount of Medicare’s reim- EXPLANATION—Matter enclosed in bold- Whereas, Private accounts would not only bursement to a teaching hospital is partially faced brackets øthus¿ in the above bill is not reduce guaranteed benefits, but would also determined by the number of full-time equiv- enacted and intended to be omitted in the speed up the Social Security shortfall, caus- alent residents enrolled in the facility’s law. Italic matter that follows the bold ing recipients to receive reduced benefits by graduate medical education program; how- brackets is new matter. the year 2018 instead of 2052; and ever, in 1997, the federal Balanced Budget Whereas, The deep cuts in Social Security Act considerably reduced the amount of fed- POM–194. A resolution adopted by the Sen- benefits proposed by the Bush Social Secu- eral support for graduate medical education ate of the Legislature of the State of New rity Commission could jeopardize the finan- programs by limiting the number of full- Jersey relative to rejecting privatizing So- cial security of not only thousands of New time equivalent residents that hospitals can cial Security; to the Committee on Finance. Jersey residents but also the security of mil- use in calculating direct graduate medical lions of Americans; and education payments and indirect graduate SENATE RESOLUTION NO. 94 Whereas, Under President Bush’s proposal, medical education payments and by sched- Whereas, Social Security is based on a guaranteed Social Security protections to uling an estimated 29 percent further reduc- promise to the American people: if you work the elderly, disabled, survivors, and children tion in indirect graduate medical education hard and contribute to Social Security, you will gradually erode for future generations, payments over a five-year period; and will be able to retire and live in dignity; and driving millions of Americans into poverty Whereas, The rates of Centers for Medicare Whereas, Social Security is the primary and destroying the most successful social in- and Medicaid Services payments for direct source of income for two-thirds of American surance program ever created in the United graduate medical education in Texas are al- seniors; and States; and ready significantly lower than those in many

VerDate Aug 31 2005 08:22 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.083 S07OCPT1 S11308 CONGRESSIONAL RECORD — SENATE October 7, 2005 comparable states, largely based on histor- POM–196. A joint resolution adopted by the person to distribute to first responders in the ical differences, and the potential con- Legislature of the State of California rel- state, while other states, such as Wyoming, sequences of these caps and the resulting re- ative to port customs revenue; to the Com- received more than $38 per capita in 2004; and ductions in federal graduate medical edu- mittee on Finance. Whereas, California received only $23.71 per cation reimbursement are severe; teaching ASSEMBLY JOINT RESOLUTION NO. 21 capita in Homeland Security grant funding hospitals and the training they provide to during fiscal years 2002–03 and 2003–04, rank- Whereas, The State of California is com- physicians and other health professionals are ing 44th in the nation; and mitted to protecting and preserving its a critical component of the American health Whereas, Federal port security grants can- ports, and those employed in and around the care system—these facilities are the van- not be used for maintenance and operations ports; and guard of medical research and technology expenditures related to security, thereby Whereas, The state supports the safe and and provide a broader range of an increas- complicating emergency communications reliable transportation of goods into and ingly diverse and sicker patient care to pop- and operations duties expected of first re- through the state; and ulation than general hospitals; and sponders; and Whereas, California is home to more than Whereas, In addition, teaching hospitals Whereas, A number of ports are located on 12 percent of the nation’s population; and are a traditional fixture of the health care state tidelands and, therefore, must act as Whereas, The Ports of Los Angeles and ‘‘safety net,’’ serving uninsured and under- stewards of the land and manage those lands Long Beach, which together transport 43 per- insured patients; the importance of this serv- in a manner that benefits all Californians; cent of the nation’s trade, 1 million cruise ice to Texans is evident in light of United and passengers, and more than $200,000,000,000 in States Census Bureau reports indicating that Whereas, A shut down of the ports can re- trade annually, comprise the largest port nearly 25 percent of the state’s population is sult in an estimated loss to the national complex in the United States and the West- not covered by health insurance; and economy of more than $1,000,000,000 per day, ern Hemisphere; and Whereas, More specifically, the resident as demonstrated during the shutdown of the Whereas, California serves as an inter- caps threaten the future availability of west coast ports in 2002; and national commerce gateway between the na- health care professionals and with the popu- Whereas, California ports are responsible tion and most of its trade partners and, ac- lation of the nation aging, the demand for for $8,000,000,000 of the $20,000,000,000 that the cording to the California Transportation doctors and other health care professionals United States Customs Service collects an- Commission, California moves over is increasing; in fact, a 2003 study commis- nually in fees and duties, and none of that $400,000,000,000 in goods annually with a sioned by the United States Department of revenue is reinvested in the state’s or coun- source or destination outside of California; Health and Human Services Bureau of try’s system for moving goods because cus- and Health Professions at the National Center toms fees are deposited into the General Whereas, Forecasts predict that the for Health Workforce Analysis forecasts a Fund; Now, therefore, be it amount of trade transported through the greater need for physicians and nurses by Resolved, by the Assembly and the Senate of state’s ports will triple by 2020 if adequate 2020 if current health care consumption and the State of California, jointly, That the Legis- infrastructure improvements are completed; physician productivity remain constant; and lature of the State of California respectfully and Whereas, Furthermore, the study found memorializes the President and the Congress Whereas, California is the single largest that the health care workforce is also aging of the United States to increase federal fund- trading entity in the United States, and and will retire just as their services are most ing for California’s ports for infrastructure three of the four largest volume container needed and that the proportion of the popu- and security improvements; and be it further ports in the United States are located in lation age 18 to 30 is declining, impeding ef- Resolved, That legislation be enacted, in California; and forts to recruit an adequate number of new recognition of the unique role served by Whereas, California ports, harbors, and health care workers; and ports in California, to ensure a return of an businesses that depend on federal channels Whereas, Congress has acknowledged the equitable share of the customs revenues gen- and breakwaters contribute more than deleterious effects of the federal Balanced erated by, and collected from, this state; and $40,000,000,000 per year to national economic Budget Act caps and made bipartisan efforts be it further output, 1.6 million jobs, and approximately to diminish its effect on graduate medical Resolved, That the Legislature supports ef- $21,000,000,000 annual personal income to the education programs: the Medicare, Medicaid, forts by California’s congressional and sen- United States economy; and and State Children’s Health Insurance Pro- ate representatives to obtain an equitable Whereas, Federal grants for security up- gram (SCHIP) Balanced Budget Refinement share of federal port security and goods grades mandated by the United States De- Act of 1999 froze indirect graduate medical movement infrastructure funding and en- partment of Homeland Security amount to education payments for one year and the courages those representatives to support just over $51,000,000, while it is estimated Medicare prescription Drug, Improvement measures that will guarantee that California that these security upgrades will cost Cali- and Modernization Act of 2003 increased indi- has the funds necessary to secure and facili- fornia’s three major container ports an esti- rect graduate medical education payments tate commercial activity at its many ports; mated $200,000,000 to install; and slightly for federal fiscal years 2004 and 2005; and be it further Whereas, The American Association of and Resolved, That the Chief Clerk of the As- Port Authorities has called for the federal Whereas, Nevertheless, these measures of- sembly transmit copies of this resolution to government to provide $400,000,000 in port se- fered only brief and minor reprieves to the the President and Vice President of the curity funds annually; and dramatic reductions in indirect graduate United States, to the Speaker of the House Whereas, The United States Coast Guard medical education reimbursement payments of Representatives, to the Majority Leader of has additionally estimated that it will re- and did not directly address the issue of fed- the Senate, to each Senator and Representa- quire $7,300,000,000 in federal funds for its eral caps in resident training positions tive from California in the Congress of the own maritime security duties during 10-year though, clearly, the caps and the decreased United States, and to the Director of the De- period of 2003 to 2012, inclusive; and commitment to indirect graduate medical partment of Homeland Security. education funding continue to endanger the Whereas, Limited federal port security funds have fallen short of fully funding port entire system of medical education in the POM–197. A joint resolution adopted by the security needs throughput the nation; and United States; now, therefore, be it Legislature of the State of California rel- Resolved, That the 79th Legislature of the Whereas, On August 25, 2004, Stephen E. ative to Darfur; to the Committee on For- State of Texas hereby respectfully encourage Flynn, the Jeanne J. Kirkpatrick Senior Fel- eign Relations. the Congress of the United States to elimi- low for National Security Studies at the nate current caps on funded Medicare resi- Council on Foreign Relations testified to the ASSEMBLY JOINT RESOLUTION NO. 6 dent training positions and related limits on House Subcommittee on Coast Guard and Whereas, Sudan’s government and south- costs per resident used to determine Medi- Maritime Transportation on the risk of ter- ern rebels have come to an historic, long- care graduate medical education reimburse- rorist attacks, stating that ‘‘the risk of awaited agreement that ends Africa’s longest ment payments and to reexamine the direct harm is great or greater in the maritime and civil war and brings hope to millions of ex- and indirect graduate medical education re- surface transportation modes’’; and iled Sudanese yearning to return home; and imbursement rates for graduate medical edu- Whereas, An internal audit report pro- Whereas, Continued violence in the trou- cation in Texas; and, be it further duced by the United States Department of bled region of Darfur, Sudan, previously de- Resolved, That the Texas secretary of state Homeland Security entitled ‘‘Review of the scribed by the Bush administration as geno- forward official copies of this resolution to Port Security Grant Program’’ criticized the cide, cast a shadow over the agreement, the President of the United States, to the ineffectiveness of the federal port security which does not cover the Darfur conflict; and Speaker of the House of Representatives and grant program stating, in part, that the Whereas, Darfur, an area of 256,000 square the President of the Senate of the United ‘‘current design of the program compromises kilometers constituting the western region States Congress, and to all the members of the program’s ability to direct resources to- of the Sudan, is home to an estimated five the Texas delegation to the congress with ward the nation’s highest priorities’’; and million people, a population made up of a the request that this resolution be officially Whereas, A Public Policy Institute of Cali- complex tribal mix; and entered in the Congressional Record as a me- fornia study entitled, ‘‘Federal Formula Whereas, Large swathes of Darfur have morial to the Congress of the United States Grants and California: Homeland Security,’’ been prone to drought and desertification, of America. has found that California receives only $5 per intensifying demands on its more fertile

VerDate Aug 31 2005 08:22 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.086 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11309 lands, making areas of Darfur subject to spo- resentative from California in the Congress felt thanks to all Coloradans for their gen- radic intertribal clashes over use of re- of the United States, to the United States erous charitable donations for the victims of sources in recent decades; and Secretary of State, and to the Secretary the earthquake and tsunamis, be it further Whereas, The government of the Sudan ap- General of the United Nations. That copies of this Joint Resolution be pears to have sponsored a militia composed sent to the President of the United States, of a loose collection of fighters, apparently POM–198. A joint resolution adopted by the the President of the United States Senate, of Arab background, known as the Legislature of the State of Colorado relative the Speaker of the United States House of ‘‘Janjaweed’’; and to expressing sympathy for the victims of Representatives, and to each member of Whereas, With the active support of the the earthquake and tsunamis that occurred Colorado’s congressional delegation. regular army, the Janjaweed have attacked on December 26, 2004, and thanking Colo- POM–199. A Senate Joint Resolution adopt- villages, targeting those suspected of sup- radans for their generous charitable dona- ed by the Legislature of the State of Colo- porting the rebels and committing numerous tions; to the Committee on Foreign Rela- rado relative to a reaffirmation by the Colo- human rights violations; and tions. rado General Assembly of the strong bonds Whereas, The humanitarian consequences HOUSE JOINT RESOLUTION 05–1005 connecting the United States and the State of the situation in Darfur are grave, with an of Israel and an expression by the Colorado estimated 70,000 innocent civilians brutally Whereas, On the morning of December 26, 2004, one of the largest earthquakes in recent General Assembly of support and solidarity murdered, and according to the Office of the with the State of Israel in its struggle United Nations High Commissioner for Refu- memory registering a magnitude of 9.0 oc- curred undersea in the Indian Ocean, setting against terrorism; to the Committee on For- gees, an estimated 1,600,000 people internally eign Relations. displaced, and more than 200,000 people off one of the largest tsunamis in recorded forced from their homes and fleeing to neigh- history that killed tens of thousands of peo- SENATE JOINT RESOLUTION 05–038 boring Chad; and ple in Southeast Asia; and Whereas, On November 29, 1947, the United Whereas, The government of the Sudan Whereas, The tsunamis crossed into the Nations General Assembly voted to partition should; at the highest levels, publicly and Pacific Ocean and were recorded as far away the British mandate of Palestine and, by unequivocally condemn all violations of as New Zealand and along the west coast of that vote, created the state of Israel; and human rights and international humani- South and North America; and Whereas, On May 14, 1948, the people of the tarian law, investigate those violations, and Whereas, The earthquake and resulting state of Israel proclaimed the establishment bring the perpetrators to justice; and tsunamis affected a large number of coun- of the sovereign and independent state of Whereas, The Janjaweed and other militias tries, including Indonesia, Sri Lanka, India, Israel; and Thailand, Myanmar, Malaysia, the Maldives, should be immediately disarmed and dis- Whereas, The United States government and Somalia; and banded, and humanitarian workers must be recognized the state of Israel just minutes Whereas, At least 150,000 people have lost given full and unimpeded access to Darfur; after its declaration of independence and, at their lives in East Africa and Southeast Asia and that time, established full diplomatic rela- in the aftermath of the earthquake and re- Whereas, Refugees and displaced persons tions with the nascent state; and sulting tsunamis; and should be permitted to return to their lands Whereas, The establishment of the state of Whereas, Millions of people remain home- and homes voluntarily, and should receive Israel as a modern homeland for the Jewish less and at risk from disease: and restitution or fair compensation for their people followed the extermination of more Whereas, Thousands of people are still losses; and than six million European Jews during the missing, and the death toll continues to Whereas, Fundamental human rights must Holocaust; and be respected in times of peace and in times grow; and Whereas, Aid workers and volunteers are Whereas, Since its establishment fifty- of armed conflict; and seven years ago, the Israeli people have built Whereas, The Sudan is a party to several focused on stopping the spread of disease and a modern nation, forged a new and dynamic core human rights treaties, including the on delivering food and drinking water to sur- society, and created a unique and vital eco- International Covenant and Civil and Polit- vivors; and nomic, cultural, and intellectual life while ical Rights (ICCPR), the International Con- Whereas, Coloradans have always stepped confronting immense pressures and burdens vention on the Elimination of All Forms of forward to help in times of need by providing associated with war, terrorism, ostracism Racial Discrimination (ICERD), the Conven- financial, material, and medical assistance; from much of the international community, tion on the Rights of the Child (CRC), and and and economic boycotts; and the African Charter on Human and Peoples’ Whereas, The American Red Cross reports Whereas, In spite of this severe degree of Rights; Now, therefore, be it that emergency assessment and first-aid Resolved by the Assembly and the Senate of teams were on the ground quickly and are adversity confronting them since 1948, in- the State of California, jointly, That it is the working with local groups to support relief cluding the War of Independence, the Six- sense of the Legislature of the State of Cali- efforts; and Day War, the Yom Kippur War, and the ter- fornia that the government of the Sudan Whereas, The people of Colorado have rorist attacks of the two Intifadas, the peo- should, at the highest levels, publicly and shown their generosity by donating thus far ple of the state of Israel have established a unequivocally condemn all actions and $4.1 million statewide to the various chap- vibrant and functioning pluralistic and crimes committed by the Janjaweed, ensure ters of the American Red Cross, $3.5 million democratic political system that guarantees that all militias are immediately disarmed of which has been donated to the Mile High fundamental freedoms of speech and of the and disbanded, and pursue a policy of na- Chapter of the American Red Cross; and press, free, fair, and open elections, and re- tional reconciliation, ending impunity and Whereas, Chennai, India became Denver’s spect for the rule of law; and ensuring the rule of law and the protection 7th sister city in 1984 and has been deeply af- Whereas, At great financial and social of minorities; and be it further fected by the tsunamis in that more than cost, Israel has absorbed several millions of Resolved, That it is the further sense of the 6,000 people in Chennai were killed; and immigrants from many nations around the Legislature that humanitarian workers must Whereas, Local radio and television sta- world and has made great strides in fully in- be given full and unimpeded access to Darfur tions and various local groups are contrib- tegrating these immigrants into Israeli soci- in order to ensure that there is no blockage uting their time and efforts to help provide ety; and in the delivery of much-needed humanitarian financial assistance for areas devastated by Whereas, For over half a century, the peo- assistance; and be it further the tsunamis, including Chennai; and ple of the United States and the people of the Resolved, That it is the further sense of the Whereas, The United States government state of Israel have created and maintained a Legislature that the government of the has pledged $350 million in aid, to meet the special relationship based upon mutually Sudan should put in place measures to en- overwhelming needs of the tsunami victims; shared democratic values, common strategic sure that human rights abuses, war crimes, now, therefore, be it interests, and the bonds of friendship and and crimes against humanity are not re- Resolved, by the House of Representatives mutual respect; and peated in the future and that the rule of law of the sixty-fifth General Assembly of the Whereas, The bonds connecting the United is restored in Darfur in conformity with State of Colorado, the Senate concurring States and Israel include increased economic internationally agreed standards; and be it herein: ties between the two nations, particularly further 1. That we, the members of the Colorado increased trade between Colorado and Israel Resolved, That the Legislature respectfully General Assembly, hereby express our sorrow as evidenced by the following facts: In 2003, requests that the President and Congress of to each of the countries affected by the Colorado exported approximately $38 million the United States continue to take all pru- earthquake and tsunamis and for the terrible worth of goods to Israel; total Colorado ex- dent and necessary steps to ensure that these loss of life and suffering caused by the earth- ports to Israel have exceeded $250 million matters are addressed at the highest levels quake and tsunamis; and since 1991; in 2003, Israel ranked as Colo- of the federal government; and be it further 2. That we, the members of the Colorado rado’s 21st leading trade partner; and col- Resolved, That the Chief Clerk of the As- General Assembly, hereby offer our condo- laboration between Colorado-based and sembly transmit copies of this resolution to lences to the victims of the earthquake and Israeli business concerns is taking place in, the President and Vice President of the tsunamis and their loved ones; and among other things, the areas of advanced United States, to the Speaker of the House 3. That we, the members of the Colorado technology, telecommunications, and health of Representatives, to each Senator and Rep- General Assembly; hereby express our heart- care; and

VerDate Aug 31 2005 08:22 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.089 S07OCPT1 S11310 CONGRESSIONAL RECORD — SENATE October 7, 2005 Whereas, The bonds connecting the United Whereas, Mexico is the United States’ sec- and increase the amount of federal resources States and Israel also include greater col- ond-largest trading partner and, according to coming into Texas from the Centers for Dis- laboration between scientific researchers in the Center for Transportation Research at ease Control and Prevention; and, be it fur- both nations, including researchers in Colo- The University of Texas at Austin, 76 percent ther rado and Israel, and researchers in Colorado of all U.S. trade with, Mexico passes through Resolved, That the Texas secretary of state and Israel are collaborating on scientific Texas; and forward official copies Of this resolution to projects involving, among other things, at- Whereas, The nation’s food industry has a the President of the United States, the mospheric science, applied chemistry and pivotal role in the health and bio-security of Speaker of the House of Representatives and physics, medicine, and agriculture; and all Americans, and Texas is the nation’s sec- the President of the Senate of the United Whereas, The United States also has bene- ond largest agricultural producing state; and States Congress, and all members of the fited from the exchange of technology and Whereas, Preventing infectious livestock Texas delegation to the Congress with the expertise from Israel in the area of homeland and plant diseases and protecting our food request that this resolution be officia11y en- security, providing invaluable benefits to our supply goes a long way toward ensuring both tered in the Congressional Record as a me- nation in combating and responding to ter- human health and economic stability in morial to the Congress of the United States rorism; now, therefore, be it Texas and the United States; and of America and that copies also be forwarded Resolved by the Senate of the Sixty-fifth Gen- Whereas, Serving as an infectious disease to the secretary of the United States Depart- eral Assembly of the State of Colorado, the buffer zone for the rest of the United States, ment of Health and Human Services and the House of Representatives concurring herein: Texas faces a significant burden regarding a director of the Centers for Disease Control (1) That we, the members of the General number of diseases, with the rate of water- and Prevention. Assembly of the state of Colorado, hereby re- borne diseases such as hepatitis A and affirm the strong bonds that have connected amebiasis in the Texas counties bordering POM–201. A concurrent resolution adopted the people of the United States and the peo- Mexico that has, as an example, been re- by the Legislature of the State of Texas rel- ple of the state of Israel together through ported to be two to three times greater than ative to urging the Congress of the United turbulent times for more than half a cen- the statewide average; in 2003, the rate of tu- States to increase funding to the fully au- tury. berculosis incidence per 100,000 in population thorized level and include advance funds for (2) That we commend the people of the was nearly twice that of non-border coun- the Low Income Home Energy Assistance state of Israel for their remarkable achieve- ties; and Program and to pursue a more equitable ments in building a democratic and plural- Whereas, The condition of public health funding allocation formula for the program; istic society in the wake of almost within Texas, particularly along the inter- to the Committee on Health, Education, unrelieved adversity spanning the entirety of national border, is clearly critical to that of Labor, and Pensions. the nation’s existence. the entire country; and HOUSE CONCURRENT RESOLUTION 166 (3) That we express empathy with the peo- Whereas, With more than 22 million resi- Whereas, More than four million Texans ple of the state of Israel as they endure a dents, Texas also faces a number of other are at or below 125 percent of Federal pov- daily struggle against terrorism and violence alarming public health issues, such as obe- erty guidelines, but only 173,323, or 4.3 per- and support efforts to bring security to the sity, cardiovascular disease, and diabetes; in cent, are served by the Federal Low Income Jewish and democratic state of Israel. 2003, the Texas Department of Health re- Home Energy Assistance Program (LIHEAP), (4) That we express outrage against, and in ported that 39 percent of Texas fourth-grad- according to the Texas Department of Hous- the strongest possible terms condemn, all ers, 38 percent of eighth-graders, and 61 per- ing and Community Affairs (TDHCA), which acts of terror perpetrated against the Israeli cent of Texas adults were overweight or administers the program in our State; and people with the intent and effect of mur- obese; and Whereas, Income guidelines for LIHEAP, dering Israeli civilians, including women and Whereas, Heart disease and stroke are the which provides funding for the Weatheriza- children. number one and number three causes of tion Assistance Program and the Com- (5) That we support the brave efforts of the death in Texas, accounting for approxi- prehensive Energy Assistance Program at government and people of Israel in pursuing mately 54,000 deaths each year in Texas; and TDHCA, allow households to have income peace by way of negotiation. Whereas, The Texas Diabetes Council esti- levels of up to 125 percent of current poverty (6) That we applaud the government of mates that more than one million adults in guidelines; however, based upon 2000 census Israel’s difficult and painful decision to dis- Texas have been diagnosed with diabetes and data, Texas has more than three million per- engage from Gaza and the northern section more than 500,000 adults are believed to have sons who are at or below 100 percent of the of the West Bank in order to advance peace undiagnosed diabetes; and poverty guidelines; and negotiations. Whereas, An increased presence and re- Whereas, Home energy assistance is par- (7) That we reaffirm the commitment of sources from the Centers for Disease Control ticularly important in Texas due to the in- the American people to a just, lasting, and and Prevention could help prevent vaccine- tense heat, which is a critical health threat secure peace for the people of the state of preventable childhood and adult diseases and to the elderly, persons with disabilities, and Israel and all of the peoples of the Middle prevent and control the introduction of le- very young children; in fact, the Texas De- East, be it further thal diseases such as tuberculosis and SARS, partment of Health reports that in our State Resolved, That copies of this Joint Resolu- which could potentially lead to catastrophic more individuals die due to heart-related tion be sent to President George W. Bush, consequences in terms of morbidity, mor- stress than exposure to excessive cold; and Vice President Richard B. Cheney, Israeli tality, health care costs, and statewide im- Whereas, LIHEAP funds are distributed Prime Minister Ariel Sharon, His Excellency pact; and based on an outdated formula that dispropor- Daniel Ayalon, the Ambassador of Israel to Whereas, Partnerships and coordination tionately favors heating degree days in the United States, and to each member of between the State of Texas and the Centers northern States over cooling degree days in Colorado’s congressional delegation. for Disease Control and Prevention could southern States and does not utilize the greatly enhance protection against the most current State-specific population, in- POM–200. A concurrent resolution adopted spread of infectious disease, further obesity come, and energy price data; and by the Legislature of the State of Texas rel- prevention activities, and improve early de- Whereas, While funding was close to level ative to urging the Congress of the United tection, treatment, and self-management of from Federal fiscal year 2003 to 2005, the re- States to increase the presence of the Cen- chronic diseases such as heart disease and di- cent increase in energy costs has further re- ters for Disease Control and Prevention in abetes; and duced the already limited number of eligible Whereas, Texas’ growing population, demo- Texas, improve coordination of Centers for Texans who can be served by LIHEAP; and graphic diversity, and border with the Disease Control and Prevention programs Whereas, Current appropriations for United Mexican States present unique chal- with those operated by the Texas Depart- LIHEAP do not include advance funds, which lenges to providing quality health care to its ment of State Health Services, and increase are vital to ensuring the timely and orderly citizens; as a buffer to the remainder of the the amount of federal resources coming into delivery of services during the period after United States against infectious disease and Texas from the Centers for Disease Control funding for the program is authorized by contamination of the country’s food supply, and Prevention; to the Committee on Health, Congress and before Texas is notified of its the State of Texas merits additional re- Education, Labor, and Pensions. final appropriation level for the program sources to provide for the health of its resi- year; now, therefore, be it HOUSE CONCURRENT RESOLUTION dents and, ultimately, to safeguard the Resolved, That the 79th Legislature of the Whereas, The State of Texas is the second health of the entire United States; now, State of Texas hereby respectfully urge the most populous state in the United States and therefore, be it Congress of the United States to increase currently registers more than 1,000 births per Resolved, That the 79th Legislature of the funding to the fully authorized level and in- day; and State of Texas hereby strongly encourage clude advance funds for the Low Income Whereas, Texas has a 1,254-mile inter- the United States Congress to increase the Home Energy Assistance Program and to national border with the United Mexican presence of the Centers for Disease Control pursue a more equitable funding allocation States with millions of border crossings and and Prevention in Texas, improve coordina- formula for the program; and, be it further thousands of international flights arriving in tion of Centers for Disease Control and Pre- Resolved, That the Texas Secretary of Texas each year, and 10 percent of Texans vention programs with those operated by the State forward official copies of this resolu- living on the border with Mexico; and Texas Department of State Health Services, tion to the President of the United States, to

VerDate Aug 31 2005 08:22 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.092 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11311 the Speaker of the House of Representatives Whereas, there is a critical need to estab- Whereas, In October 1955, Dr. Saund be- and the President of the Senate of the lish a robust, collaborative, national pro- came a candidate for Congress from the 29th United States Congress, and to all the mem- gram to address the continued integration of Congressional District, facing a highly cele- bers of the Texas delegation to the Congress chiropractic health are into the Department brated opponent who had rich supporters and with the request that this resolution be offi- of Defense health care systems; and who was a personal friend of the then Presi- cially entered in the Congressional Record as Whereas, Logan College of Chiropractic dent of the United States; and a memorial to the Congress of the United and the Samueli Institute have proposed the Whereas, With the help of dedicated volun- States of America. establishment of a plan to create a new teers, Dr. Saund carried out an intensive consortial Chiropractic Center for Military campaign of voter registration, passed out POM–202. A concurrent resolution adopted Research in Chesterfield, Missouri, on the thousands of ‘‘Saund circulars,’’ visited by the House of Representatives of the Legis- campus of Logan College; and thousands of homes, and thus made a defi- lature of the State of New Hampshire rel- Whereas, the Center will facilitate develop- nite impact on voters, resulting in the elec- ative to enacting legislation to make ment of research capacity in the area of tion of the ‘‘first native of Asia’’ to the English the official language of the United musculoskeletal research, education and United States Congress on November 6, 1956; States; to the Committee on Health, Edu- training through linkages with researchers and cation, Labor, and Pensions. and scientists at chiropractic educational in- Whereas, Today, the population of Asian HOUSE CONCURRENT RESOLUTION 6 stitutions with researchers within the De- Americans in the United States is in excess Whereas, English is the national language partment of Defense and with scientists and of 10 million, and Asian Americans, and par- of the United States only by custom, not by researchers at the Samueli Institute; and ticularly Indian Americans, seeking political law; and Whereas, the research program to be pur- office invoke Dr. Saund’s name, much the Whereas, the United States is comprised of sued by the collaborative consortial Chiro- same way as Dr. Saund himself invoked individuals from many ethnic, cultural, and practic Center for Military Research will President Lincoln’s name, as a source of in- linguistic backgrounds, and continues to focus special, initial priority consideration spiration and a worthy role model; and benefit from this rich diversity; and on those musculoskeletal conditions that are Whereas, November 6, 2006, marks the 50th Whereas, these individuals, although keep- affecting those active duty military and vet- anniversary of the historic election of Dr. ing their ethnic background alive, were erans participating in or returning from Saund to the United States Congress; now, urged to take advantage of the educational combat in Afghanistan and Iraq, including therefore, be it system which taught them the English lan- the role of chiropractic manipulation in the Resolved by the Assembly and the Senate of guage and United States history; and total care of those with amputations and the State of California, jointly, That the Legis- Whereas, throughout the history of the prosthetics: Now, therefore be it lature of the State of California respectfully Unites States, the common thread binding Resolved, That the members of the Missouri memorializes the President and Congress of individuals of differing backgrounds has been Senate, Ninety-Third General Assembly, the United States to urge the Citizens’ the English language; and First Regular Session, the House of Rep- Stamp Advisory Committee and the United Whereas, command of the English language resentatives concurring therein, urge the States Postal Service to issue a commemora- is necessary to participate in, and take full United States Senate and the United States tive stamp to honor the first Asian member advantage of, the opportunities afforded by House of Representatives to authorize and of Congress, Dr. Dalip S. Saund; and be it life in the United States; now, therefore, be appropriate full funding required to establish further it the proposed Chiropractic Center for Mili- Resolved, That the Legislature urges all Resolved, by the House of Representatives, the tary Research at Logan College of Chiro- Californians to celebrate September 20 of Senate concurring: practic at its campus in Chesterfield, Mis- each year, Dalip S. Saund’s birthday, in rec- That the New Hampshire general court souri; and be it further ognition of his outstanding achievement as hereby urges the United States Congress to Resolved, That the Secretary of the Mis- the first native of Asia to be elected to Con- pass H.R. 997, ‘‘The English Language Unity souri Senate be instructed to prepare prop- gress; and be it further Act of 2003,’’ to establish English as the offi- erly inscribed copies of this resolution for Resolved, That the Chief Clerk of the As- cial language of the United States; and the Speaker of the United States House of sembly transmit copies of this resolution to That copies of this resolution be trans- Representatives, the President of the United the President and Vice President of the mitted to the President of the United States, States Senate, and each member of the Mis- United States, to the Speaker of the House the Speaker of the United States House of souri Congressional delegation. of Representatives, to the Majority Leader of Representatives, the President of the United the Senate, and to each Senator and Rep- States Senate, the Majority Leader of the POM–204. A joint resolution adopted by the resentative from California in the Congress United States Senate, and to members of the Legislature of the State of California rel- of the United States, to the Citizens’ Stamp New Hampshire congressional delegation. ative to Dr. Dalip S. Saund; to the Com- Advisory Committee, and to the United POM–203. A concurrent resolution adopted mittee on Homeland Security and Govern- States Postal Service. by the Senate of the Legislature of the State mental Affairs. of Missouri relative to urging the United ASSEMBLY JOINT RESOLUTION NO. 1 POM–205. A joint resolution adopted by the Legislature of the State of California rel- States Congress to authorize and appropriate Whereas, Dr. Dalip S. Saund immigrated to ative to ZIP Codes; to the Committee on full funding required to establish the Chiro- the United States from India at a time when Homeland Security and Governmental Af- practic Center for Military Research at Indian nationals were denied eligibility for fairs. Logan College of Chiropractic at its campus American citizenship; and in Chesterfield, Missouri; to the Committee Whereas, Thanks to his initiative and the ASSEMBLY JOINT RESOLUTION NO. 7 on Health, Education, Labor, and Pensions. help of Indians in California and New York, Whereas, Many communities in California SENATE CONCURRENT RESOLUTION NO. 7 Congresswoman Clare Booth Luce and Con- have the advantage and convenience of pos- Whereas, musculoskeletal conditions are gressman Emanuel Cellar were convinced to sessing ZIP Codes that are unique to their responsible for approximately 50 percent of jointly introduce a bill in the United States respective communities; and all health-related military disability dis- Congress to allow Indian nationals to be- Whereas, The private development sector charges and the most common non-trau- come American citizens, and after a long and measures economic feasibility for investing matic cause of functional impairment during hard struggle the bill was signed by Presi- in local communities based on data collected military operations; and dent Truman on July 3, 1946; and by ZIP Codes; and Whereas, chiropractic services often are Whereas, Though Dr. Saund had started as Whereas, Sales taxes, franchise fees, fed- used to treat musculoskeletal conditions, a farmhand, he obtained a Ph.D. from the eral funding, and other city revenue sources and Congress established chiropractic bene- University of California at Berkeley; and as are traced through ZIP Codes; and fits and services for both active duty mili- a naturalized citizen started taking an ac- Whereas, Cities who share ZIP Codes may tary within the U.S. Department of Defense tive role in the political process of his adopt- lose a portion of their revenue stream to and for veterans within the Veterans’ Affairs ed homeland; and other jurisdictions which the post office rec- health care systems; and Whereas, In June 1950, he won his first po- ognizes as the primary geographic area for Whereas, doctors of chiropractic practice litical battle when he ran for and won a seat that particular ZIP Code; and are in nearly 50 military treatment facili- on the Imperial County Democratic Central Whereas, Unique ZIP Codes help to develop ties, primarily testing musculoskeletal con- Committee; and a city’s identity so that citizens can right- ditions and slowly are being added to the VA Whereas, In November 1950, he was elected fully participate in their local election proc- health care system; and as a judge in Westmorland due to his exem- esses holding their own elected officials ac- Whereas, there currently is no enterprise plary grassroots campaign, but because he countable; and coordinating and guiding collaborative re- had not been a citizen for one full year the Whereas, Local political and fiscal ac- search efforts between preeminent chiro- judgeship was denied him; and countability is the cornerstone of democ- practic colleges, scientists, and the military Whereas, In 1952, he ran again for the racy; and researchers to address the primary questions judgeship against the incumbent and won, Whereas, The ZIP Codes have a wider ap- surrounding integration of chiropractic into serving as judge in Westmorland for four plication than the delivery of mail to the military health care environments; and years; and cities in California; and

VerDate Aug 31 2005 08:22 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.096 S07OCPT1 S11312 CONGRESSIONAL RECORD — SENATE October 7, 2005 Whereas, The United States Postal Service by enacting legislation that would allow Whereas, From 1998 through 2001, the advises residents and businesses to identify them the same six-month length of stay af- United States experienced 4 surpluses in a their address by post office address rather forded to Canadian travelers; and, be it fur- row and in 2001, the surplus reached $128 bil- than city address to ensure proper mail de- ther lion; and livery; and Resolved, That the Texas secretary of state Whereas, The last time the United States Whereas, Several cities in California also forward official copies or this resolution to had 4 surpluses in a row was over 70 years contain shared ZIP Codes and may not be the U.S. Department of Homeland Security ago, from 1927–30; and aware of the negative impact such an ar- and U.S. Department of State and to the Whereas, Since 2001, the budget surpluses, rangement may have on their community; president of the United States, to the speak- which were projected to continue until 2008, now, therefore, be it er of the house of representatives and the have disappeared, and the total budget def- Resolved by the Assembly and. the Senate of president of the senate of the United States icit for the 2004 fiscal year was about $412 the State of California, jointly, That the Legis- Congress, and to all the members of the billion; and lature urges the United States Postmaster to Texas delegation to the congress with the re- Whereas, Due to congressional over- create ZIP Codes that do not encompass quest that this resolution be officially en- spending, the budget deficit for the 2005 fis- more than one municipality; and be it fur- tered in the Congressional Record as a me- cal year could be around $394 billion, accord- ther morial to the Congress of the United States ing to the Congressional Budget Office’s Resolved, That the Chief Clerk of the As- of America. budgetary projections; and POM–207. A joint resolution adopted by the sembly transmit copies of this resolution to Whereas, President Bush’s $2.57 trillion Legislature of the State of California rel- the President and Vice President of the dollar budget request estimates a budget def- ative to the 32nd anniversary of Roe v. Wade; icit of $427 billion, which includes additional United States, to the Speaker of the House to the Committee on the Judiciary. funding for the ongoing military operations of Representatives, to the Majority Leader of Whereas, January 22, 2005, is the 32nd anni- the Senate, to the Minority Leader of the versary of the historic United States Su- in Iraq and Afghanistan; and Whereas, President Bush’s $427 billion def- Senate, to each Senator and Representative preme Court decision in Roe v. Wade (1973) from California in the Congress of the United 410 U.S. 113, guaranteeing women’s reproduc- icit estimate is approximately 17% of the States, and the United States Postmaster. tive rights, an occasion deserving of celebra- federal budget, which would be the equiva- tion and special public commendations; and lent of a $2.58 billion deficit for the state POM–206. A concurrent resolution adopted Whereas, The 1973 decision in Roe v. Wade budget if Colorado’s deficit equaled 17% of by the Legislature of the State of Texas rel- established constitutionally based limits on the state’s $15.2 billion budget; and ative to supporting parity for Mexican visi- the power of states to restrict the right of a Whereas, The federal deficit is expected to tors to the United States by enacting legisla- woman to choose to terminate a pregnancy; remain around $250 billion each year for the tion that would allow them the same six- and next 5 years, unless drastic cuts to programs month length of stay afforded to Canadian Whereas, Roe v. Wade is one of the most or significant increases to taxes are made; travelers; to the Committee on the Judici- significant Supreme Court decisions in the and ary. 20th century promoting women’s rights; and Whereas, The Congressional Budget Office Whereas, Reproductive rights are central projects a cumulative deficit of $2.6 trillion HOUSE CONCURRENT RESOLUTION 13 to the ability of women to exercise their full over the next 10 years; and Whereas, Canadian travelers to the United rights under federal and state law; and Whereas, The federal public debt has in- States may stay in this country for up to six Whereas, It is the right of every American creased and is now more than $7.6 trillion, an months, while Mexican visitors only recently woman to determine when, if, and with amount equaling approximately $121,000 for gained the right to a 30-day stay with a laser whom to have children, and how many chil- each American family or over $25,000 for visa under an expansion of the United States dren to have; and every man, woman, and child; and Visitor and Immigrant Status Indicator Whereas, Women’s ability to control their Whereas, The baby boomer generation will Technology (US–VISIT) program, which pre- reproductive lives has facilitated their equal soon retire, leaving less tax revenue and a viously limited such stays to 72 hours and no participation in the economic and social life higher drain on social services; and more than 25 miles inside the U.S. border; of the nation; and Whereas, In fiscal year 2004, $321 billion and Whereas, The state should not interfere was paid in interest on the federal debt, Whereas, Aside from adversely affecting with a woman’s decision to either bear a which is 13% of the total federal budget, the international goodwill between the United child or terminate a pregnancy through a third largest expense in the federal budget, States and its neighbors to the north and safe and legal abortion; and according to the National Debt Awareness Whereas, Women should not be forced into south by the disparate treatment of their Center; and illegal and dangerous abortions, as they citizens, this disparity also has a negative Whereas, Fiscal irresponsibility at the fed- often were prior to the Roe v. Wade decision; impact on the economic stability of the U.S.- eral level is lowering our standard of living, Mexico border; and and Whereas, During the first half of the 20th destroying jobs, and endangering economic Whereas, If Mexican tourists, century, illegal abortions accounted for opportunity now and for future generations; businesspersons, and other short-term trav- about 50 percent of all maternal deaths; and and elers received the same opportunities to visit Whereas, Roe v. Wade has significantly re- Whereas, Continued deficit spending dem- and do business in the United States as their duced the mortality rate for women termi- onstrates an unwillingness or inability of Canadian counterparts, it would facilitate nating their pregnancies; and both the federal executive and legislative business between the United States and Mex- Whereas; Roe v. Wade continues to protect branches to spend no more than available ico, boosting the U.S. and Texas economies; the health and freedom of women throughout revenues; and and the United States; now, therefore, be it Whereas, The federal government’s unlim- Whereas, El Paso and other Texas border Resolved by the Assembly and the Senate of ited ability to borrow raises questions about communities that directly benefit from the State of California, jointly, That the Legis- fundamental principles and responsibilities cross-border travel may expect a dramatic lature of the State of Califori1ia memorial- of government, with potentially profound increase in local economic development if izes the Congress and the President of the consequences for the nation and its people, the length of stay for Mexican nationals United States to protect and uphold the in- making it an appropriate subject for limita- with laser visas is extended from 30 days to tent and substance of the 1973 United States tion by the Constitution of the United six months; and Supreme Court decision in Roe v. Wade; and States; and Whereas, Local community leaders attend- be it further Whereas, The Constitution of the United ing a recent gathering of the U.S. Hispanic Resolved, That the Chief Clerk of the As- States vests the ultimate responsibility to Chambers of Commerce were assured by U.S. sembly transmit copies of this resolution to approve or disapprove constitutional amend- Department of Homeland Security Undersec- the President of the United States and to all ments with the people, as represented by retary Asa Hutchinson that the Bush Admin- Members of the Congress of the United their elected state legislatures, and opposi- istration supports treating all international States. tion in the United States Congress repeat- guests equally; and edly has thwarted the will of the people that Whereas, U.S. Senator John Cornyn and POM–208. A Senate Joint Memorial adopt- a balanced budget amendment to the Con- U.S. Representative Ruben Hinojosa, both of ed by the Legislature of the State of Colo- stitution be submitted to the states for rati- Texas, introduced legislation in the 108th rado relative to proposing an amendment to fication; now, therefore, be it Congress (S. 1908 and H.R. 3488, respectively) the United States Constitution requiring Rersolved by the Senate of the Sixty-fifth to allow Mexican nationals currently admis- that the total amount of all federal appro- General Assembly of the State of Colorado, the sible under laser visa border crossing regula- priations made by Congress for any fiscal House of Representatives concurring herein: tions to enter the United States as six- year not exceed the total of all estimated That the General Assembly of the state of month nonimmigrant visitors; now, there- federal revenues for that fiscal year; to the Colorado requests the United States Con- fore, be it Committee on the Judiciary. gress to expeditiously pass, and propose to Resolved, That the 79th Legislature of the SENATE JOINT MEMORIAL 05–007 the legislatures of the several states for rati- State of Texas hereby respectfully urge the Whereas, In 1998, the federal budget re- fication, an amendment to the United States Congress of the United States to support par- ported its first surplus, $69 billion, since 1969; Constitution requiring that, in the absence ity for Mexican visitors to the United States and of a war or national emergency, the total of

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.100 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11313 all federal appropriations made by Congress tions to veterans’ programs that would re- of reclaimed waters, and for other purposes; for any fiscal year not exceed the total of all sult in the loss of funding for the Veterans’ to the Committee on Energy and Natural Re- estimated federal revenues for that fiscal Memorial Homes in this State; and sources. year; be it further Whereas, The proposed budgetary reduc- By Mr. HARKIN (for himself, Mr. KOHL, Resolved, That copies of this Joint Memo- tions would hinder this State’s ability to op- Mr. LEVIN, and Mr. KENNEDY): rial be sent to the President and Vice Presi- erate its three Veterans’ Memorial Homes S. 1861. A bill to amend the Internal Rev- dent of the United States, the Speaker of the and may result in the closure of one or more enue Code of 1986 to restore the phaseout of House of Representatives, the Minority of the homes if an alternate funding source personal exemptions and the overall limita- Leader of the House of Representatives, the is not provided; and tion on itemized deductions; to the Com- Majority Leader of the Senate, the Minority Whereas, The three Homes currently have mittee on Finance. Leader of the Senate, and to each member of a resident population of 812 veterans and the By Mr. SMITH (for himself, Mr. JOHN- Colorado’s congressional delegation. funding reductions contained in the Presi- SON, and Mrs. FEINSTEIN): POM–209. A concurrent resolution adopted dent’s budget would [cut that population] re- S. 1862. A bill to establish a joint energy by the Legislature of the State of Texas rel- duce the number of veterans eligible for federal cooperation program within the Department ative to urging the Congress of the United funding to 159 [residents]; and of Energy to fund eligible ventures between States and the Department of Veterans Af- Whereas, Under the President’s proposed United States and Israeli businesses and aca- fairs to fulfill the department’s goal of pro- budget, the Veterans’ Memorial Homes demic persons in the national interest, and viding excellence in patient care by building would not meet the criteria for retaining fed- for other purposes; to the Committee on For- a veterans hospital in Weslaco, Texas; to the eral matching funds [for] invested in con- eign Relations. Committee on Veterans’ Affairs. struction, thereby requiring the State to re- By Mr. GREGG (for himself and Mr. HOUSE CONCURRENT RESOLUTION 138 imburse the federal government for con- KENNEDY): Whereas, Our veterans who live in South struction costs totaling approximately $53.3 S. 1863. A bill to establish the Gulf Coast Texas have served their country bravely and million; and Recovery and Disaster Preparedness Agency, risked their lives to preserve our country’s Whereas, The proposed reductions to vet- and for other purposes; to the Committee on freedom and democracy, and their sacrifices erans’ programs contained in the President’s Homeland Security and Governmental Af- in our behalf are deserving of a veterans hos- budget would negatively impact New Jer- fairs. pital to meet their health care needs; and sey’s ability to care for its veterans; now, By Mr. TALENT (for himself, Mr. Whereas, Regrettably, South Texas cur- therefore, be it CONRAD, Mr. BUNNING, Mr. CRAPO, Mr. rently lacks adequate health care resources Resolved, by the General Assembly of the HARKIN, Mrs. LINCOLN, and Mr. THOM- for these proud men and women; the sole State of New Jersey: AS): outpatient clinic in the eight-county area at 1. This House urges Congress to reject pro- S. 1864. A bill to amend the Internal Rev- the southern tip of Texas has limited hours visions in the President’s proposed federal enue Code of 1986 to treat certain farming of operation and must refer patients to other budget that would result in the loss of fund- business machinery and equipment as 5-year facilities for special tests or treatments; in ing for Veterans’ Memorial Homes in this property for purposes of depreciation; to the addition, the nearest veterans hospital to State. Committee on Finance. the region with inpatient acute medical and 2. Duly authenticated copies of this resolu- By Mrs. DOLE (for herself, Mr. BURR, surgical care and extended care is more than tion, signed by the Speaker of the General and Mr. ISAKSON): 250 miles away in San Antonio; and Assembly and attested by the Clerk of the S. 1865. A bill to establish the SouthEast Whereas, Veterans in Cameron, Hidalgo, General Assembly, shall be transmitted to Crescent Authority and for other purposes; Starr, and Willacy Counties alone number the President of the United States, the Vice- to the Committee on Environment and Pub- greater than 46,000, and a May 2004 report by President of the United States, the Speaker lic Works. the Department of Veterans Affairs (DVA) of the United States House of Representa- By Ms. COLLINS (for herself and Mr. acknowledged the need for improved and ex- tives, every member of this State’s Congres- WARNER): panded medical facilities for veterans in S. 1866. A bill to establish an Under Sec- sional delegation and the Governor. South Texas; and retary for Policy in the Department of POM–211. A resolution adopted by the Mu- Whereas, Despite this assessment, how- Homeland Security, and for other purposes; nicipal Legislature of Mayaguez, Puerto ever, the DVA has planned only the addition to the Committee on Homeland Security and Rico relative to the rejection of imposition of 10 contract beds in Harlingen’s Valley Governmental Affairs. of the death penalty for crimes committed in Baptist Medical Center; and By Mr. FEINGOLD: Puerto Rico; to the Committee on the Judi- Whereas, Weslaco is located in the center S. 1867. A bill to extend to individuals ciary. of the Rio Grande Valley, less than one evacuated from their residences as a result hour’s drive from McAllen, Harlingen, and f of Hurricane Katrina the right to use the ab- Brownsville, making it a convenient site for INTRODUCTION OF BILLS AND sentee balloting and registration procedures a hospital to serve the area’s veterans; now, available to military and overseas voters therefore, be it JOINT RESOLUTIONS under the Uniformed and Overseas Citizens Resolved, That the 79th Legislature of the The following bills and joint resolu- Absentee Voting Act, and for other purposes; State of Texas respectfully urge the Con- to the Committee on Rules and Administra- gress of the United States and the Depart- tions were introduced, read the first and second times by unanimous con- tion. ment of Veterans Affairs to fulfill the de- By Mr. SANTORUM: partment’s goal of providing excellence in sent, and referred as indicated: S. 1868. A bill to ensure gasoline afford- patient care by building a veterans hospital By Ms. LANDRIEU: ability and security to the Committee on Fi- in Weslaco, Texas, to serve the more than S. 1855. A bill to provide for community nance. 46,000 veterans in South Texas who have disaster loans; to the Committee on Home- f bravely defended and served our country; land Security and Governmental Affairs. and, be it further By Ms. LANDRIEU: SUBMISSION OF CONCURRENT AND Resolved, That the Texas secretary of state S. 1856. A bill to provide for community SENATE RESOLUTIONS forward official copies of this resolution to disaster loans; to the Committee on Home- the president of the United States, to the land Security and Governmental Affairs. The following concurrent resolutions speaker of the house of representatives and By Ms. LANDRIEU: and Senate resolutions were read, and the president of the senate of the United S. 1857. A bill to provide for community referred (or acted upon), as indicated: States Congress, to the secretary of veterans disaster loans; to the Committee on Home- By Mr. DOMENICI (for himself, Mr. affairs, and to all the members of the Texas land Security and Governmental Affairs. DODD, Mr. STEVENS, Mr. AKAKA, Mr. delegation to the congress with the request By Mr. VITTER (for himself and Mr. WARNER, Ms. LANDRIEU, Mr. DEWINE, that this resolution be officially entered in FRIST): Mr. LIEBERMAN, Mr. VOINOVICH, Mr. the Congressional Record as a memorial to S. 1858. A bill to provide for community JOHNSON, Mr. ENZI, Mr. KERRY, Mr. the Congress of the United States of Amer- disaster loans; considered and passed. COCHRAN, Mr. LEVIN, Mr. LOTT, Mr. ica. By Mr. BURR (for himself, Mr. ALLEN, BIDEN, Mr. ALLEN, Ms. STABENOW, Mr. DEMINT, and Mr. TALENT): Mr. INHOFE, Mr. DURBIN, Mr. ENSIGN, POM–210. A resolution adopted by the Gen- S. 1859. A bill to amend the Clean Air Act Mr. ROCKEFELLER, Mr. CORNYN, Mr. eral Assembly of the State of New Jersey rel- to provide for a Federal Fuels List, and for BURNS, Ms. MURKOWSKI, Mr. ALEX- ative to rejecting provisions in the Presi- other purposes; to the Committee on Envi- ANDER, Mr. TALENT, Mrs. DOLE, Mr. dent’s proposed federal budget that would re- ronment and Public Works. CRAIG, and Mr. MARTINEZ): sult in the loss of funding for Veterans’ Me- By Mr. DOMENICI (for himself, Mr. S. Res. 271. A resolution designating the morial Homes in New Jersey; to the Com- BINGAMAN, Mr. FRIST, and Mr. ALEX- week beginning October 16, 2005, as ‘‘Na- mittee on Veterans’ Affairs. ANDER): tional Character Counts Week’’; considered ASSEMBLY RESOLUTION NO. 263 S. 1860. A bill to amend the Energy Policy and agreed to. Whereas, The President’s proposed federal Act of 2005 to improve energy production and By Mr. SCHUMER (for himself, Mr. budget for fiscal year 2006 contains reduc- reduce energy demand through improved use SPECTER, Mrs. CLINTON, Mr. OBAMA,

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.103 S07OCPT1 S11314 CONGRESSIONAL RECORD — SENATE October 7, 2005 Mr. BAYH, Ms. MIKULSKI, Mr. PRYOR, setts (Mr. KENNEDY) was added as a co- Urban Development Act of 1968 to en- Mr. BINGAMAN, Mr. WYDEN, Mr. sponsor of S. 994, a bill to authorize the hance protections for servicemembers DEWINE, Mr. HARKIN, Ms. STABENOW, Attorney General to make grants to and their dependents, and for other Mr. CORZINE, Mr. DURBIN, Mr. KEN- improve the ability of State and local purposes. NEDY, Mr. LEAHY, Mr. HATCH, Mr. CRAPO, Mr. LAUTENBERG, Mr. COCH- governments to prevent the abduction S. 1828 RAN, Mr. COLEMAN, Mr. HAGEL, Mr. of children by family members, and for At the request of Mrs. CLINTON, the SALAZAR, Mr. LIEBERMAN, Mrs. FEIN- other purposes. name of the Senator from Indiana (Mr. STEIN, Mr. REID, and Mr. KERRY): S. 1086 BAYH) was added as a cosponsor of S. S. Res. 272. A resolution recognizing and At the request of Mr. HATCH, the 1828, a bill to amend the Public Health honoring the life and achievements of Con- stance Baker Motley, a judge for the United name of the Senator from New Hamp- Service Act to improve and secure an States District Court, Southern District of shire (Mr. GREGG) was added as a co- adequate supply of influenza vaccine. New York; considered and agreed to. sponsor of S. 1086, a bill to improve the f By Mr. DODD (for himself, Mr. ENSIGN, national program to register and mon- STATEMENTS ON INTRODUCED Mrs. BOXER, Ms. COLLINS, Mr. AKAKA, itor individuals who commit crimes BILLS AND JOINT RESOLUTIONS Mr. BURNS, Mr. BURR, Ms. CANTWELL, against children or sex offenses. Mr. CARPER, Mrs. CLINTON, Mr. S. 1120 By Mr. BURR (for himself, Mr. CORNYN, Mr. CORZINE, Mr. DAYTON, ALLEN, Mr. DEMINT, and Mr. Mr. DURBIN, Mr. FEINGOLD, Mrs. FEIN- At the request of Mr. DURBIN, the TALENT): STEIN, Mr. KERRY, Mr. KOHL, Ms. name of the Senator from Oregon (Mr. S. 1859. A bill to amend the Clean Air LANDRIEU, Mr. LAUTENBERG, Mr. WYDEN) was added as a cosponsor of S. LEVIN, Mr. LIEBERMAN, Ms. MIKULSKI, 1120, a bill to reduce hunger in the Act to provide for a Federal Fuels List, Ms. MURKOWSKI, Mrs. MURRAY, Mr. United States by half by 2010, and for and for other purposes; to the Com- NELSON of Nebraska, Mr. REID, Mr. other purposes. mittee on Environment and Public SALAZAR, Ms. SNOWE, Mr. SPECTER, Works. S. 1139 and Ms. STABENOW): Mr. BURR. Mr. President, I ask unan- At the request of Mr. BINGAMAN, his S. Con. Res. 58. A concurrent resolution imous consent that the text of the bill supporting ‘‘Lights On Afterschool’’, a na- name was added as a cosponsor of S. tional celebration of after school programs; be printed in the RECORD. 1139, a bill to amend the Animal Wel- There being no objection, the bill was to the Committee on Health, Education, fare Act to strengthen the ability of Labor, and Pensions. ordered to be printed in the RECORD, as the Secretary of Agriculture to regu- follows: f late the pet industry. S. 1859 ADDITIONAL COSPONSORS S. 1438 Be it enacted by the Senate and House of Rep- S. 241 At the request of Mr. CORNYN, the resentatives of the United States of America in At the request of Ms. SNOWE, the name of the Senator from North Caro- Congress assembled, name of the Senator from California lina (Mr. BURR) was added as a cospon- SECTION 1. SHORT TITLE. (Mrs. FEINSTEIN) was added as a co- sor of S. 1438, a bill to provide for im- This Act may be cited as the ‘‘Affordable sponsor of S. 241, a bill to amend sec- migration reform. and Reliable Gas Act of 2005’’. tion 254 of the Communications Act of S. 1700 SEC. 2. LIST OF FUELS. 1934 to provide that funds received as At the request of Mr. COBURN, the (a) LIST OF FUELS.—Section 211(c)(4)(C) of universal service contributions and the name of the Senator from North Caro- the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) (as amended by the Energy Policy Act of 2005 universal service support programs es- lina (Mr. BURR) was added as a cospon- (Public Law 109–58; 119 Stat. 1106)) is amend- tablished pursuant to that section are sor of S. 1700, a bill to establish an Of- not subject to certain provisions of ed by striking the second clause (v) and in- fice of the Hurricane Katrina Recovery serting the following: title 31, United States Code, commonly Chief Financial Officer, and for other ‘‘(vi)(I) The Administrator shall have no known as the Antideficiency Act. purposes. authority, when considering a State imple- S. 440 S. 1740 mentation plan or a State implementation plan revision, to approve under this para- At the request of Mr. BUNNING, the At the request of Mr. SANTORUM, his graph any fuel included in such plan or revi- name of the Senator from Nevada (Mr. name was added as a cosponsor of S. ENSIGN) was added as a cosponsor of S. sion if the effect of such approval would be 1740, a bill to amend the Internal Rev- to increase the total number of fuels ap- 440, a bill to amend title XIX of the So- enue Code of 1986 to allow individuals cial Security Act to include podiatrists proved under this paragraph as of September to defer recognition of reinvested cap- 1, 2004 in all State implementation plans. as physicians for purposes of covering ital gains distributions from regulated ‘‘(II) The Administrator, in consultation physicians services under the medicaid investment companies. with the Secretary of Energy, shall deter- program. mine the total number of fuels approved S. 1798 S. 633 under this paragraph as of September 1, 2004, At the request of Mr. CORZINE, the At the request of Mr. JOHNSON, the in all State implementation plans and shall name of the Senator from New Mexico name of the Senator from Michigan publish a list of such fuels, including the (Mr. BINGAMAN) was added as a cospon- states and Petroleum Administration for De- (Ms. STABENOW) was added as a cospon- sor of S. 633, a bill to require the Sec- sor of S. 1798, a bill to amend titles XI fense District in which they are used, in the and XVIII of the Social Security Act to Federal Register no later than 90 days after retary of the Treasury to mint coins in enactment. commemoration of veterans who be- prohibit outbound call telemarketing to individuals eligible to receive bene- ‘‘(III) The Administrator shall remove a came disabled for life while serving in fuel from the list published under subclause fits under title XVIII of such Act. the Armed Forces of the United States. (II) if a fuel ceases to be included in a State S. 1808 S. 685 implementation plan or if a fuel in a State At the request of Mr. AKAKA, the At the request of Mr. BINGAMAN, the implementation plan is identical to a Fed- name of the Senator from California name of the Senator from New York eral fuel formulation implemented by the Administrator and shall reduce the total (Mrs. FEINSTEIN) was added as a co- (Mr. SCHUMER) was added as a cospon- number of fuels authorized under the list sponsor of S. 685, a bill to amend title sor of S. 1808, a bill to amend title XIX of the Social Security Act to improve published under subclause (II) appropriately. IV of the Employee Retirement Income ‘‘(IV) Subclause (I) shall not limit the Ad- Security Act of 1974 to require the Pen- the qualified medicare beneficiary ministrator’s authority to approve a control sion Benefit Guaranty Corporation, in (QMB) and specified low-income medi- or prohibition respecting any new fuel under the case of airline pilots who are re- care beneficiary (SLMB) programs this paragraph in a State’s implementation quired by regulation to retire at age 60, within the medicaid program. plan or a revision to that State’s implemen- to compute the actuarial value of S. 1814 tation plan after the date of enactment of this Act if such new fuel completely replaces monthly benefits in the form of a life At the request of Mr. BAYH, the name a fuel on the list published under subclause annuity commencing at age 60. of the Senator from Illinois (Mr. DUR- (II). S. 994 BIN) was added as a cosponsor of S. 1814, ‘‘(V) The Administrator shall have no au- At the request of Mrs. FEINSTEIN, the a bill to amend the Servicemembers thority under this paragraph, when consid- name of the Senator from Massachu- Civil Relief Act and the Housing and ering any particular State’s implementation

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.043 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11315

plan or a revision to that State’s implemen- retary concludes that adoption of the Fed- ‘‘(3) CONDUCT OF STUDY.—In carrying out tation plan, to approve any fuel unless that eral Fuels List will result in a reduction in their joint duties under this section, the Ad- fuel was, as of the date of such consider- supply or in producibility. ministrator and the Secretary shall use ation, approved in at least one State imple- ‘‘(IV) Upon publication of the Federal sound science and objective science prac- mentation plan in the applicable Petroleum Fuels List, the Administrator shall have no tices, shall consider the best available Administrator for Defense District. However, authority, when considering a State imple- science, shall use data collected by accepted the Administrator may approve as part of a mentation plan or State implementation means and shall consider and include a de- State implementation plan or State imple- plan revisions, to approve under this sub- scription of the weight of the scientific evi- mentation plan revision a fuel with a sum- paragraph any fuel included in such plan or dence. The Administrator and the Secretary mertime Reid Vapor Pressure of 7.0 psi. In no plan revision if the proposed fuel is not one shall coordinate the study required by this event shall such approval by the Adminis- of the fuels on the Federal Fuels List; or to section with other studies required by the trator cause an increase in the total number approve a State’s plan or plan revision to act and shall endeavor to avoid duplication of fuels on the list published under subclause move from one fuel on the Federal Fuels List of effort with regard to such studies. (II) as of the date of consideration. to another unless, after consultation with ‘‘(4) RESPONSIBILITY OF ADMINISTRATOR.—In ‘‘(VI) Nothing in this clause shall be con- the Secretary, the Administrator publishes carrying out the study required by this sec- strued to have any effect regarding any in the Federal Register, after notice and op- tion, the Administrator shall coordinate ob- available authority of States to require the portunity for public comment, a finding taining comments from affected parties in- use of any fuel additive registered in accord- that, in the Administrator’s judgment, such terested in the air quality impact assess- ance with subsection (b), including any fuel plan or plan revision to adopt a different fuel ment portion of the study. The Adminis- additive registered in accordance with sub- on the Federal Fuels List will not cause fuel trator shall use sound and objective science section (b) after the enactment of this sub- supply or distribution disruptions in the af- practices, shall consider the best available clause. fected area or contiguous areas. The Admin- science, and shall consider and include a de- ‘‘(vii)(I) The provisions of clause (vi), in- istrator’s finding shall include an assessment scription of the weight of the scientific evi- cluding the limitations of the authority of of reasonably foreseeable supply or distribu- dence. the Administrator and the cap on the total tion emergencies that could occur in the af- ‘‘(5) RESPONSIBILITY OF SECRETARY.—In car- number of fuels permitted, shall remain in fected area or contiguous area and how adop- rying out the study required by this section, effect until the harmonization of fuels under tion of the particular fuel revisions would ef- the Secretary shall coordinate obtaining subclause V of this clause is accomplished. fect alternative supply options during rea- comments from affected parties interested in Once such harmonization has been accom- sonably foreseeable supply or distribution the fuel availability, number of fuel blends, plished, clause (v) shall sunset and the limi- emergencies. fuel fungibility and fuel costs portion of the tations of the authority of the Adminis- ‘‘(V) The Administrator, in consultation study. trator under subclause (IV) of this clause with the Secretary, shall develop a plan to ‘‘(6) REPORT TO CONGRESS.—The Adminis- shall apply. harmonize the currently approved fuels in trator and the Secretary jointly shall submit ‘‘(II) The Administrator, in coordination State implementation plans with the fuels the results of the study required by this sec- with the Secretary of Energy (hereinafter in included on the Federal Fuels List and shall tion in a report to the Congress not later this clause referred to as the ‘Secretary’), promulgate implementing regulations for than 12 months after the date of the enact- shall identify and publish in the Federal this plan not later than 18 months after en- ment of this Act, together with any rec- Register, within 12 months after the enact- actment of this subclause. This harmoni- ommended regulatory and legislative ment of this subclause and after notice and zation shall be fully implemented by the changes. Such report shall be submitted to opportunity for public comment, a list of 5 States by December 31, 2008.’’. gasolines and diesel fuels to be used in (b) BOUTIQUE FUELS.—Section 1541 of the the Committee on Energy and Commerce of States that have not received a waiver under Energy Policy Act of 2005 (Public Law 109–58; the House of Representatives and the Com- section 209(b) of this Act. The list shall be re- 119 Stat. 1106) is amended by striking sub- mittee on Environment and Public Works of ferred to as the ‘Federal Fuels List’ and shall section (c) and inserting the following: the Senate. include one Federal on-road diesel fuel ‘‘(c) STUDY AND REPORT TO CONGRESS ON ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— (which shall grandfather the sulfur phase BOUTIQUE FUELS.— There is authorized to be appropriated joint- down in the Administrator’s ultra low sulfur ‘‘(1) JOINT STUDY.—The Administrator of ly to the Administrator and the Secretary diesel fuel regulations in effect as of the date the Environmental Protection Agency and $500,000 for the completion of the study re- of enactment and shall permit the imple- the Secretary of Energy shall undertake a quired under this subsection.’’. mentation of one alternative diesel fuel, ap- study of the effects on air quality, on the proved under this subparagraph before enact- number of fuel blends, on fuel availability, By Mr. DOMENICI (for himself, ment of this subclause for a State that has on fuel fungibility, and on fuel costs of the Mr. BINGAMAN, Mr. FRIST, and not received a section 209(b) waiver, only in State plan provisions adopted pursuant to Mr. ALEXANDER): the State in which it was approved prior to section 211(c)(4)(C) of the Clean Air Act (42 S. 1860. A bill to amend the Energy enactment), one conventional gasoline for U.S.C. 7545(c)(4)(C)). Policy Act of 2005 to improve energy ozone attainment areas, one reformulated ‘‘(2) FOCUS OF STUDY.—The primary focus production and reduce energy demand of the study required under paragraph (1) gasoline (RFG) meeting the requirements of through improved use of reclaimed wa- subsection (k), and 2 additional gasolines shall be to determine how to develop a Fed- with Reid vapor pressure (RVP) controls for eral fuels system that maximizes motor fuel ters, and for other purposes; to the use in ozone attainment areas of varying de- fungibility and supply, preserves air quality Committee on Energy and Natural Re- grees of severity. None of the fuels identified standards, and reduces motor fuel price vola- sources. under this subclause shall control fuel sulfur tility that results from the proliferation of Mr. DOMENICI. Mr. President, near- or toxics levels beyond levels required by boutique fuels, and to recommend to Con- ly every form of energy production re- regulations of the Administrator. gress such legislative changes as are nec- quires the use of large quantities of ‘‘(III) Gasolines and diesel fuels shall be in- essary to implement such a system. The water. Electricity production, oil and cluded on the Federal Fuels List based on study should include the impacts on overall the Administrator’s analysis of their ability energy supply, distribution, and use as a re- gas production, and certain renewable to reduce ozone emissions to assist States in sult of the legislative changes recommended. energy sources are all dependent on attaining established ozone standards under The study should include an analysis of the having adequate access to water. Be- this Act, and on an analysis by the Secretary impact on ozone emissions and supply of a cause water availability, particularly that the adoption of the Federal Fuels List mandatory reduction in the number of fuel for human consumption, is an increas- will not result in a reduction in supply or in blends to 5, including one on-road Federal ingly important international and do- producibility, including that caused by a re- diesel fuel (which shall grandfather the sul- mestic issue, it is important for us to duction in domestic refining capacity as a fur phase down in the Administrator’s ultra ensure that we use our water resources result of the adoption of the Federal Fuels low sulfur diesel fuel regulations and shall List. In the event the Secretary concludes permit the implementation of, one alter- in the most efficient manner in the that adoption of the Federal Fuels List will native diesel fuel, blend approved under this production of energy. As the world’s result in a reduction in supply or in subparagraph before enactment of this sub- population grows and stores of fresh producibility, the Administrator and the clause for a State that has not received a water are depleted, finding additional Secretary shall report that conclusion to section 209(b) waiver, only in the State in sources of fresh water is vital to meet- Congress, and suspend implementation of which it was approved prior to enactment), ing our energy needs and ensuring this clause. The Administrator and the Sec- one conventional gasoline for ozone attain- peace and security domestically and retary shall conduct the study required ment areas, one reformulated gasoline (RFG) abroad. For this reason, developing under section 1541(c) of the Energy Policy meeting the requirements of subsection (k), Act of 2005 on the timetable required in that and 2 additional gasolines blends with Reid cost-effective technologies that allow section to provide Congress with legislative vapor pressure (RVP) controls for use in us better access to water for human recommendations for modifications to the ozone attainment areas of varying degrees of use and energy production is of great proposed Federal Fuels List only if the Sec- severity. significance.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.040 S07OCPT1 S11316 CONGRESSIONAL RECORD — SENATE October 7, 2005 Electricity production is entirely de- While stories are legion about the There being no objection, the bill was pendent on the availability of water, deleterious effects of the prolonged ordered to be printed in the RECORD, as regardless of fuel source. Much of our drought in the West, including my follows: fossil fuel energy production is entirely home State of New Mexico, the avail- S. 1860 dependent on having adequate access ability of water is an increasingly crit- Be it enacted by the Senate and House of Rep- to water. Sandia National Laboratories ical issue in the eastern United States. resentatives of the United States of America in estimates that for every barrel of oil Usable supplies of water in the east Congress assembled, produced, ten gallons of water are re- coast have been stretched thin. Despite SECTION 1. SHORT TITLE. quired. For this reason, ensuring an receiving substantially more rainfall This Act may be cited as the ‘‘Energy- than the western U.S., much of the east Water Efficiency Technology Research, De- adequate supply of water, coupled with velopment, and Transfer Program Act of efficient use of that water supply in coast is facing water shortages. For ex- 2005’’. our energy processes, is critical to the ample, Boston, Atlanta and much of SEC. 2. ENERGY-WATER EFFICIENCY AND SUPPLY United States’ energy portfolio. Simi- Florida are nearing the end of readily TECHNOLOGY RESEARCH, DEVELOP- larly, making water available to our available water. Just as with our cur- MENT, AND TRANSFER PROGRAM. citizens is largely dependent on energy. rent oil and natural gas energy crisis, The Energy Policy Act of 2005 (Public Law Transportation, distribution, acquisi- the answer for our looming water crisis 109–58; 119 Stat. 594) is amended by inserting after section 111 the following: tion and purification of water require is not just to produce more, but to fos- ‘‘SEC. 112. ENERGY-WATER EFFICIENCY AND SUP- large amounts of energy. ter new technologies that will both aid PLY TECHNOLOGY RESEARCH, DE- Providing water to meet population in more production, and just as signifi- VELOPMENT, AND TRANSFER PRO- growth will become increasingly im- cantly, reduce the amount of water re- GRAM. portant in the coming years. Nearly 1.2 quired for energy production and other ‘‘(a) DEFINITIONS.—In this section: billion people, roughly one fifth of the needs. ‘‘(1) ADVISORY PANEL.—The term ‘Advisory Panel’ means the Energy-Water Efficiency world’s population, live without reli- I rise today to introduce the Energy- Water Efficiency Technology Research, and Supply Technology Advisory Panel es- able access to water. It is estimated tablished under subsection (f). Development, and Transfer Program that by 2025, roughly one-third of the ‘‘(2) ENERGY-WATER EFFICIENCY AND SUPPLY world will have inadequate access to Act of 2005. The emphasis of this pro- TECHNOLOGY.—The term ‘energy-water effi- water. By 2030 there will be an addi- gram is to address the inextricable re- ciency and supply technology’ means— tional 3 billion people. By 2025, it is es- lationship between energy and water. ‘‘(A) technologies for— timated that the population of the Large amounts of water are required ‘‘(i) reducing the amount of energy re- quired to provide adequate water supplies; Arab world will reach 600 million, twice for electric generation and oil and gas production. Additionally, large ‘‘(ii) reducing water consumption in the the population of 2000. At the World production or generation of energy; Economic Forum this summer, experts amounts of energy are required for re- claiming and transporting water. ‘‘(iii) the reclamation of previously unus- testified that most of the countries in able water; the Arab world had exhausted their Water shortages impair our ability to ‘‘(iv) water reuse; water resources and that the only way meet our energy needs and conversely, ‘‘(v) agricultural, industrial, and municipal energy shortages impair our ability to to provide water is the expensive pros- efficiency and conservation; and provide adequate supplies of water. The ‘‘(vi) water monitoring and systems anal- pect of desalination. At the forum, bill would establish an ambitious pro- ysis; and former Jordanian water minister told gram within the National Laboratories ‘‘(B) any other technologies identified by those in attendance ‘‘We are not secure to develop, transfer and demonstrate in the Secretary as necessary to carry out the about water supplies. Supplies are sim- real world applications energy and program. ply not enough . . . This is a scary ‘‘(3) LEAD LABORATORY.—The term ‘lead water efficiency technologies to meet issue.’’ He went on to estimate that the laboratory’ means each of the program lead the increased demand for water inter- water deficit in the Arab world will laboratories designated under subsection nationally and domestically. The bill grow by more than 600 percent by 2025. (d)(1). establishes a merit-based competitive ‘‘(4) PROGRAM.—The term ‘program’ means The need for renewed Federal invest- grant program for research grants, pro- the energy-water efficiency and supply tech- ment to develop technologies that will vides that a set percentage of funding nology research, development, and transfer ensure efficient use of scarce water re- received by the program be used to program established under subsection (b). sources in energy production is criti- ‘‘(b) ESTABLISHMENT.—In accordance with demonstrate promising technologies, cally important for domestic growth this section, the Secretary shall establish a and provides for research undertaken and prosperity. A study by the Govern- National Laboratories energy-water effi- by our National Laboratories. Our Na- mental Accountability Office stated ciency and supply technology research, de- tional Laboratories have shown an velopment, and transfer program that pro- that ‘‘water managers in thirty-six ability to push the state of the art for- vides for the conduct of research on, and the States anticipate shortages in local- ward, furthering technologies such as development, demonstration, transfer, and ities, regions, or state-wide in the next highspeed computing, nano-technology, commercialization of, economically viable and cost-effective energy-water efficiency 10 years.’’ In the West, the competing and advanced engineering and science. demands of population growth, and supply technologies to— Federal investment in these areas has ‘‘(1) promote the sustainable use of water drought, energy resources develop- resulted in thousands of new tech- ment, agricultural needs, environ- for energy production activities, including— nologies that benefit humanity. We ‘‘(A) developing less water-intensive elec- mental needs, and tribal interests have now have the opportunity to direct a tric generation sources; and resulted in a paucity of available portion of this immense capability to ‘‘(B) developing and implementing systems water. Unbridled population growth in solve our water and related energy analyses to balance energy and water de- the western U.S. has stretched water issues. I have no doubt that this legis- mands; resources even thinner. The U.S. Cen- lation would help to push the state of ‘‘(2) facilitate the widespread commer- sus Bureau recently estimated that by cialization of newly developed energy-water the art forward to ensure that the efficiency and supply technologies for use in 2030 Nevada will have more than four world has access to this life sustaining million residents, twice as many as in real-world applications, including the con- resource for years to come. duct of an assessment of economic factors re- 2000. In a region already critically For the reasons I have articulated, lating to the introduction and adoption of short of water and subject to the un- renewed Federal investment in this energy-water efficiency and supply tech- predictable nature of an already over- area is of critical importance both do- nologies in practical applications; allocated Colorado River, even a mild mestically and abroad. I thank Senator ‘‘(3) facilitate collaboration among Federal drought could stymie growth and eco- BINGAMAN, ranking member of the En- agencies to provide for the integration of re- nomic development. For this reason, ergy and Natural Resources Com- search on, and disclosure of information re- lating to, energy-water efficiency and supply we need to investigate new tech- mittee, Majority Leader FRIST and nologies that allow us to access addi- technologies; Senator ALEXANDER for being original ‘‘(4) reclaim and improve access to pre- tional water, and just as importantly, co-sponsors of this legislation. viously unusable and nontraditional water to use water in the most efficient ways, I ask unanimous consent that the resources; and particularly in the production of all text of the bill be printed in the ‘‘(5) increase the amount of water available forms of energy. RECORD. for human use.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.042 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11317 ‘‘(c) OTHER AGREEMENTS.—The Secretary ‘‘(C) make recommendations to the Sec- the Committee on Homeland Security may enter into any grant, contract, coopera- retary for awarding research grants and and Governmental Affairs. tive agreement, interagency agreement, or demonstration project grants; and Mr. GREGG. Mr. President, our Na- other transaction, as the Secretary deter- ‘‘(D) identify legal, policy, or regulatory tion’s history is not only one of grow- mines to be necessary to carry out this sec- barriers to implementing energy-water effi- ing prosperity, opportunity, and the tion. ciency and supply technologies in real-world ‘‘(d) PROGRAM LEAD LABORATORIES.— applications. steady progress of a free and indus- ‘‘(1) IN GENERAL.—The program shall be ‘‘(g) PROGRAM GRANTS.— trious society, but it is also uniquely carried out by Sandia National Laboratory, ‘‘(1) IN GENERAL.—The Secretary shall pro- identified by the challenges that we New Mexico, Oak Ridge National Labora- vide competitive grants to entities with ex- have faced and overcome. Sometimes, tory, Tennessee, and Lawrence Livermore pertise in the conduct of energy-water effi- these challenges have been natural dis- National Laboratory, California. ciency and supply technology research, de- asters—earthquakes, floods, and hurri- ‘‘(2) SELECTION OF UNIVERSITY PARTNERS.— velopment, and demonstration projects. canes that have devastated entire Each of the lead laboratories, in consulta- ‘‘(2) REQUIREMENTS.—The grants under towns and cities, uprooted commu- tion with the Advisory Panel, shall select at paragraph (1) shall be provided— least 1 university partner to assist in car- nities, and tragically killed hundreds, ‘‘(A) in consultation with the Advisory if not thousands, of people. Disasters rying out the program. Panel; ‘‘(e) WATER SUPPLY TECHNOLOGY ASSESS- ‘‘(B) in coordination with the research, de- such as the Galveston Hurricane of MENT.— velopment, demonstration, and commer- 1900, the 1906 San Francisco earth- ‘‘(1) ASSESSMENT DUTIES.—In consultation cialization activities conducted by the lead quake, the Great Flood of 1927, and with the Secretary of Agriculture, the Ad- laboratories; and Hurricane Camille are the first ones ministrator of the Environmental Protection ‘‘(C) consistent with the technology road- that come to mind, although there are Agency, the Secretary of Defense, the Ad- map developed under subsection (e)(1)(F). ministrator of the National Aeronautics and others that we could also add to this ‘‘(3) LIMITATION.—Of amounts made avail- Space Administration, the Director of the list of superdisasters. able for grants under subsection (j)(2)(C), not National Science Foundation, the Secretary Unfortunately, it now appears that more than 25 percent shall be provided to Na- of the Interior, and other appropriate Fed- the list of these superdisasters has got- tional Laboratories and Federal agencies. eral agencies, the Secretary, acting through ten longer. In a number of respects, the ‘‘(4) CRITERIA.—The Secretary shall estab- the lead laboratories, shall— devastation inflicted by Hurricane lish criteria for the submission and review of ‘‘(A) assess energy-water efficiency and grant applications and the provision of Katrina has so far exceeded any nat- supply technology research being performed; ural disaster that our country has ‘‘(B) assess the annual amount of Federal grants under paragraph (1). ‘‘(h) PROGRAM REVIEW.— faced: the official death toll is around funding levels and authorizations for energy- ‘‘(1) IN GENERAL.—The Secretary shall water efficiency and supply technology re- 1,000 and could go higher; approxi- enter into an arrangement with the National search; mately 90,000 square miles, nearly the Academy of Sciences to conduct periodic ‘‘(C) assess the scope of the energy-water size of the United Kingdom, has been peer reviews of the program. efficiency and supply technology research impacted; a city of nearly half a mil- ‘‘(2) REQUIREMENTS.—In conducting a re- performed by other agencies; lion was almost entirely emptied; as view under paragraph (1), the National Acad- ‘‘(D) assess whether and to what extent emy of Sciences shall— many as 1 million jobs have been di- Federal energy-water efficiency and supply ‘‘(A) review the technology roadmap, tech- rectly affected; and recovery and re- technology research is duplicative; nical milestones, and plans for technology construction costs could go to as high ‘‘(E) identify energy-water efficiency and transfer developed under the program; and as $200 billion, if not more. Figures supply technology research and development ‘‘(B) assess the progress of the program in priorities; and aside, the tragic and widespread devas- achieving the technical milestones and plans ‘‘(F) develop a technology roadmap to tation that this storm has wreaked is for technology transfer. identify critical energy-water efficiency and apparent to anyone who has watched ‘‘(i) REPORT TO CONGRESS.—Not later than supply technology research, development, news footage from the golf coast re- 3 years after the date of enactment of this demonstration and commercialization ac- gion. The images are heart wrenching, section and each year thereafter, the Sec- tivities to guide program activities. retary shall submit to the Committee on En- and our prayers go out to those who ‘‘(2) REPORT.—Not later than 2 years after ergy and Natural Resources of the Senate, have suffered and have lost loved ones. the date of enactment of this section, the the Committee on Resources of the House of Weeks after Hurricane Katrina hit Secretary, acting through the lead labora- Representatives, and the Committee on En- the gulf coast region, Hurricane Rita tories, shall submit to the Committee on En- ergy and Commerce of the House of Rep- brought further devastation to areas ergy and Natural Resources of the Senate, resentatives a report that describes the ac- the Committee on Resources of the House of that were either already impacted or to tivities carried out under this section, in- Representatives, and the Committee on En- areas further south and to the west. Al- cluding the activities carried out under sub- ergy and Commerce of the House of Rep- though not as powerful as Katrina, section (f)(3)(D). resentatives a detailed report on the assess- Rita dealt a strong blow to many com- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ment conducted under paragraph (1). ‘‘(1) IN GENERAL.—There are authorized to munities. Lives were lost, entire neigh- ‘‘(f) ADVISORY PANEL.— be appropriated to the Secretary to carry borhoods were completely destroyed, ‘‘(1) IN GENERAL.—The Secretary shall es- out this section, including the completion of and many families were displaced. tablish an advisory panel, to be known as the the roadmap under subsection (e)(1)(F)— Again, we extend our prayers and wish- ‘Energy-Water Efficiency and Supply Tech- ‘‘(A) $5,000,000 for fiscal year 2006; and nology Advisory Panel’, to advise the Sec- es to those who were directly affected ‘‘(B) such sums as are necessary for each retary on the activities carried out under by this storm. fiscal year thereafter. this section. While the combined impact of Hurri- ‘‘(2) ALLOCATION.—Of amounts made avail- ‘‘(2) MEMBERSHIP.—Members of the Advi- canes Katrina and Rita is similar to able under paragraph (1) for fiscal year 2007 sory Panel shall— other superdisasters, it also unprece- and each fiscal year thereafter— ‘‘(A) have expertise in— dented in a few key aspects. In par- ‘‘(A) at least 30 percent shall be distributed ‘‘(i) energy-water efficiency and supply equally between the lead laboratories for the ticular, the Federal Government is now technology; or conduct of activities under the program; expected to play, and is playing, a sig- ‘‘(ii) legal or regulatory issues associated ‘‘(B) at least 10 percent shall be provided to nificant role in the response and recov- with adopting energy-water efficiency and the lead laboratories to carry out subsection ery efforts. This is partly due to the supply technologies in real-world applica- (b)(2); tions; and significant growth in the Federal Gov- ‘‘(C) at least 40 percent shall be made ‘‘(B) be representative of institutions of ernment over the past 100 years. Back available for program grants under sub- higher education, industry, State and local in 1900 when the Galveston Hurricane section (g)(1); and governments, international energy-water ef- occurred, there were only eight execu- ‘‘(D) not more than 15 percent shall be used ficiency and supply technology institutions, to pay the administrative costs of carrying tive departments in the entire govern- Federal agencies, and nongovernmental or- out the program, including costs to support ment—the Department of Commerce, ganizations. the activities of the Advisory Panel.’’. the Department of Labor, the Depart- ‘‘(3) DUTIES.—The Advisory Panel shall— ment of Health and Human Services, ‘‘(A) periodically assess the performance of energy-water efficiency and supply tech- By Mr. GREGG (for himself and HUD, the U.S. Coast Guard, the EPA, nology research being carried out under this Mr. KENNEDY): FEMA, and, of course, the Department section; S. 1863. A bill to establish the Gulf of Homeland Security had yet to be es- ‘‘(B) advise the Secretary on research pri- Coast Recovery and Disaster Prepared- tablished. Today, the federal govern- orities to be carried out under this section; ness Agency, and for other purposes; to ment is much more expansive than

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.041 S07OCPT1 S11318 CONGRESSIONAL RECORD — SENATE October 7, 2005 when previous superdisasters took ational, and budgetary authorities to gulf coast region will fully recover and place, and it now delivers a wide array be on the ground in the gulf coast re- thrive. Our Nation’s history has shown of services and benefits that Americans gion. We need to make sure that ac- how well Americans perform in the have come to expect. countability is clearly assigned, not face of challenges. However, we must In response, President Bush and Con- diffused. We need to make sure that not simply expect this success nor ex- gress have approved the spending of the right hand knows what the left pect that throwing around billions of billions in Federal funds, unleashing an hand is doing, so to speak, and that dollars will necessarily achieve it. In- outpouring of federal aid, assets, and federal funds are effectively being used stead, Congress must take action now manpower. Over the past 2 weeks, Con- to get the gulf coast region back on its to ensure that the recovery effort is gress already has approved over $61 bil- feet. And we need this centralized managed efficiently and effectively. By lion in supplemental appropriations, structure as soon as possible. setting into place such a management and it is contemplating the spending of As such, I am proposing the Gulf structure, I believe that we will be able additional federal funds. Almost every Coast Recovery and Preparedness Act to look back at these difficult times executive department and Federal of 2005, along with Senator KENNEDY, and be proud of how we handled the agency is taking part, taxpayer funds which establishes the Gulf Coast Re- public’s trust and the taxpayers’ are being doled out to contractors and covery and Disaster Preparedness money. This is what the American peo- State and local authorities, and the fu- Agency, a new agency that will be ple have elected us to do, and I know ture of the gulf coast region and mil- headed by a director who will oversee that it can be done if we make the lions of its residents is being shaped the entire recovery effort. The Director right choices right now. daily by this massive effort. While mis- will be the person responsible for budg- I ask unanimous consent that the takes have been made at all levels, we eting, overseeing, and executing the text of the bill be printed in the now have the opportunity to make sure entire recovery effort to the extent RECORD. that mistakes are not repeated and that Federal resources are used. The There being no objection, the bill was that we do not come out of this whole director will also regularly report to ordered to be printed in the RECORD, as experience wondering where all the Congress on how this effort is being follows: money went and whether we did the conducted and will have deputies and S. 1863 best we can to respond to this chal- support staff to keep track of how Be it enacted by the Senate and House of Rep- lenge. funds are being spent and to inves- resentatives of the United States of America in My Senate colleagues and I have been tigate any fraud, waste or abuse. Last- Congress assembled, discussing various proposals for how ly, I recognize that we do not want the SECTION 1. SHORT TITLE. the federal recovery effort should be legacy of Katrina and Rita to be an- This Act may be cited as the ‘‘Gulf Coast managed. I believe that history can be other layer of bureaucracy, so the leg- Recovery and Disaster Preparedness Act of 2005’’. of help—for instance, we can learn islation would make sure that the SEC. 2. DEFINITIONS. from the Great Flood of 1927, a natural agency and the director’s position are In this Act: disaster that killed hundreds in seven only temporary, and that it terminates (1) AGENCY.—The term ‘‘agency’’ has the states and flooded around 27,000 square within 6 years. meaning given under section 551(1) of title 5, miles. In response, President Coolidge Within the agency, there will be es- United States Code. appointed Secretary of Commerce Her- sentially a planning board—named the (2) AUTHORITY.—The term ‘‘Authority’’ bert Hoover to coordinate relief across Gulf Coast Revitalization Authority means the Gulf Coast Revitalization Author- eight different agencies, the Red Cross, that will consist of Federal, State, and ity. and other organizations. While the re- local officials, as well as representa- (3) DIRECTOR.—The term ‘‘Director’’ means the Director of Gulf Coast Recovery and Dis- lief effort had its flaws, I believe that tives from affected communities. The aster Preparedness. Coolidge’s appointment of a lead direc- board, which will be chaired by the di- (4) GULF COAST AGENCY.—The term ‘‘Gulf tor, who had substantial crisis manage- rector, will be tasked with creating a Coast Agency’’ means the Gulf Coast Recov- ment experience and public recogni- comprehensive plan for redeveloping ery and Disaster Preparedness Agency. tion, was a wise decision. By central- the entire region impacted by Hurri- (5) GULF COAST RECOVERY AND DISASTER izing oversight authority over the en- canes Katrina and Rita. The plan will PREPAREDNESS PROGRAM.—The term ‘‘Gulf tire effort under such a central person, ensure that objectives, priorities, and Coast Recovery and Disaster Preparedness Coolidge’s appointment of Hoover critical infrastructure decisions are de- Program’’ means all activities described under section 3(b)(3) (B) and (C). helped minimize friction and veloped in a thoughtful and com- SEC. 3. ESTABLISHMENT AND FUNCTIONS. discoordination across agencies, ensur- prehensive manner before federal re- (a) ESTABLISHMENT.—There is established ing that the relief response was run ef- sources and other funds are completely the Gulf Coast Recovery and Disaster Pre- ficiently. The appointment also en- committed. The authority board will paredness Agency. The Gulf Coast Recovery hanced accountability since everyone also make sure that there is substan- and Disaster Preparedness Agency is an inde- knew who was in charge. tial and meaningful public participa- pendent establishment as defined under sec- The recovery effort for Hurricanes tion, which is critical for making po- tion 104 of title 5, United States Code. Katrina and Rita is going to be much tentially difficult rebuilding and revi- (b) DIRECTOR.— (1) APPOINTMENT.— more complicated and multifaceted talization decisions. The director, who (A) IN GENERAL.—The Director of Gulf than the relief response for the Great must approve the plan after it is passed Coast Recovery and Disaster Preparedness Flood of 1927. The breadth of the de- by the authority, will be responsible shall be the head of the Gulf Coast Agency. struction and the wide array of Federal for executing it. The Director shall be appointed by the Presi- departments and agencies involved— Our Nation has been through a lot dent, by and with the advice and consent of combined with the efforts of State and since Katrina and Rita hit the gulf the Senate. local authorities, nonprofit organiza- coast, and I am continually amazed at (B) EXECUTIVE SCHEDULE LEVEL I POSI- tions, and private contractors—make the acts of heroism and charity that TION.—The Director shall be paid at the rate the potential for bureaucratic tensions, are taking place across the gulf coast of pay payable for a position at level I of the Executive Schedule under section 5312 of redundancy, confusion, and waste even region. And while the tasks ahead may title 5, United States Code. greater. I therefore believe that a cen- be less dramatic and less attention- (C) DIRECT REPORT TO PRESIDENT.—The Di- tralized management structure is as grabbing, I believe that it is how we ad- rector shall directly report to the President. necessary now as it was back in 1927. dress these challenges—in particular, (2) QUALIFICATIONS.—The individual ap- So, before Congress continues pouring the rebuilding of infrastructure, the pointed as Director shall be appointed on the billions of taxpayer dollars and adding provision of social services to evacuees basis of— additional tasks on top of the recovery scattered across the country, and the (A) demonstrated leadership, integrity, and effort, Congress should first make sure redevelopment of entire communities— experience; and (B) demonstrated experience in manage- that a centralized management struc- that will truly test our Federal Gov- ment of large organizations. ture is in place. In particular, we need ernment in ways that we have not seen (3) FUNCTIONS.—The Director shall— a person with impeccable credentials in recent memory. In the end, I am (A) be responsible for the efficient and ef- endowed with robust planning, oper- confident that we can succeed and the fective use of Federal resources relating to

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.034 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11319 the recovery from Hurricane Katrina and lers or appropriate budget execution officers siding in the area directly impacted by Hur- Hurricane Rita; shall allot, allocate, reprogram, or transfer ricane Katrina and Hurricane Rita as of the (B) exercise planning, management, and funds appropriated for the Gulf Coast Recov- date those hurricanes occurred. overall control of all Federal funding, per- ery and Disaster Preparedness Program in an (b) EMPLOYMENT REQUIREMENT.— sonnel, and assets used by Federal, State, or expeditious manner. (1) CONTRACTS.—Except as provided in sub- local government authorities for the pur- (iii) MONITORING IMPLEMENTATION.—The Di- section (c), the Director or the head of an ex- poses of— rector shall monitor the implementation and ecutive agency may not enter into a con- (i) rebuilding or responding to the damage execution of the Gulf Coast Recovery and tract to procure disaster recovery services in or destruction of private or public infra- Disaster Preparedness Program by the heads connection with Hurricane Katrina and Hur- structure caused by Hurricane Katrina and of relevant agencies. ricane Rita reconstruction efforts unless Hurricane Rita to the United States; (iv) APPORTIONMENT AND ALLOTMENT.—Ap- such contract requires that workers affected (ii) responding, supporting, or otherwise portionment and allotment of funds under by Hurricane Katrina and Hurricane Rita— assisting efforts to meet the nutritional, this paragraph shall be subject to chapter 13 (A) comprise not less than 30 percent of the health, educational, housing, transportation, and section 1517 of title 31, United States workforce employed by the contractor to employment, law enforcement, and social Code, and the Congressional Budget and Im- perform such services; and service needs of citizens who have been per- poundment Control Act of 1974 (2 U.S.C. 621 (B) comprise not less than 30 percent of the sonally displaced or otherwise adversely and et seq.). workforce employed by each subcontractor directly impacted by Hurricane Katrina and (c) OFFICERS TO ASSIST THE DIRECTOR.— at each tier in connection with such con- Hurricane Rita; (1) IN GENERAL.—The Office shall have tract. (iii) studying, planning, and preparing pub- other officers necessary to assist the Direc- (2) GRANTS.—Except as provided in sub- lic and private responses to future natural tor in carrying out the functions of the Di- section (c), the head of an executive agency disasters in the region; rector, including— may not award a grant of Federal funds to (iv) planning, building, and repairing pub- (A) overseeing recovery operations and dis- any recipient, for the purpose of providing lic infrastructure to prevent or mitigate the aster preparedness; disaster recovery services in connection with impact of future natural disasters in the re- (B) expending and obligating Federal funds Hurricane Katrina and Hurricane Rita recon- gion, including the levee system surrounding appropriated to the Gulf Coast Agency for struction efforts unless the terms of the the City of New Orleans, Louisiana; the Gulf Coast Recovery and Disaster Pre- grant require that such workers affected by (v) studying, planning, and implementing paredness Program, including specific recon- Hurricane Katrina and Hurricane Rita— environmental remediation and coastal res- struction projects; (A) comprise not less than 30 percent of the toration efforts in the region; (C) ensuring that Federal funds are pru- workforce employed by that recipient to per- (vi) studying, planning, and implementing dently spent and fully audited; and form such services; and economic redevelopment efforts in areas af- (D) investigating waste, fraud, and abuse (B) comprise not less than 30 percent of the fected by Hurricane Katrina and Hurricane in the use of Federal funds for the activities workforce employed by any indirect recipi- Rita; of the Gulf Coast Recovery and Disaster Pre- ent of such grant funds to perform such serv- (vii) ensuring the efficient and effective paredness Program. ices. use of Federal funds in all activities relating (2) DEPUTY DIRECTORS.—The Director may (3) EXCEPTION FOR PROFESSIONAL SERV- to the recovery from Hurricane Katrina and appoint no more than 5 Deputy Directors ICES.—The requirements under paragraphs Hurricane Rita; and who shall be assigned to geographic areas of (1) and (2) do not apply to the procurement of (viii) any other recovery, rebuilding, or re- the Gulf Coast region. professional services. development effort relating to the direct im- (d) LOCATION OF THE OFFICE OF THE DIREC- (c) EXEMPTIONS FOR EXCEPTIONAL CIR- pact of Hurricane Katrina and Hurricane TOR.—The Office of the Director shall be CUMSTANCES.— Rita; and physically located within the region com- (1) AUTHORITY.—The Director or the head (C) expend and obligate funds appropriated prising the gulf coast areas of the States of of an executive agency may enter into a con- to the Gulf Coast Agency for purposes de- Louisiana and Mississippi. The Director may tract or award a grant that would otherwise scribed under subparagraph (B), including establish additional office locations as nec- be prohibited under subsection (b) due to the specific reconstruction projects. essary. (4) BUDGET AUTHORITIES RELATING TO THE employment by an employer of a workforce SEC. 4. ADMINISTRATIVE AND PERSONNEL PRO- that does not meet the workforce composi- GULF COAST RECOVERY AND DISASTER PRE- VISIONS. tion requirement under such subsection if PAREDNESS PROGRAM.— (a) EMPLOYEES.—The Director may select, (A) BUDGET.—With respect to budget re- appoint, and employ such officers and em- the employer qualifies for and receives an quests and appropriations for the Gulf Coast ployees as may be necessary— exemption under paragraph (2). Recovery and Disaster Preparedness Pro- (1) in accordance with the provisions of (2) PROCEDURES FOR GRANTING EXEMP- gram, the Director shall— title 5, United States Code, including section TIONS.— (i) based on priorities set by the President, 3101 of that title; and (A) IN GENERAL.—Not later than 45 days provide to agencies performing activities of (2) without regard to chapter 51 and sub- after the date of the appointment of the Di- the Program, guidance for developing the chapter III of chapter 53 of title 5, United rector, the Director shall establish proce- Program budget pertaining to such agencies; States Code, relating to classification of po- dures for providing exemptions for employ- (ii) develop and determine an annual con- sitions and General Schedule pay rates, ex- ers who despite making reasonable efforts to solidated Gulf Coast Recovery and Disaster cept the pay of any personnel under this do so, are unable to comply with the work- Preparedness Program budget; and paragraph may not exceed the rate payable force composition requirement under sub- (iii) present such consolidated budget, to- for level V of the Executive Schedule under section (b) due to an emergency, or due to gether with any comments from the heads of section 5316 of that title. the lack of available and appropriately agencies, to the President for approval. (b) CONSULTANTS AND CONTRACTS.—The Di- qualified workers who have been affected by (B) APPROPRIATIONS.— rector may— Hurricane Katrina and Hurricane Rita. (i) IN GENERAL.—The Director shall be re- (1) obtain services as authorized by section (B) EXEMPTIONS BEFORE PROCEDURES ESTAB- sponsible for managing appropriations for 3109 of title 5, United States Code, at daily LISHED.—During the 45-day period referred to the Gulf Coast Recovery and Disaster Pre- rates not to exceed the equivalent rate pre- under subparagraph (A), the Director may paredness Program by directing the allot- scribed for grade GS–15 of the General Sched- exempt an employer as the Director deter- ment or allocation of such appropriations ule by section 5332 of title 5, United States mines necessary. through the heads of the agencies performing Code; and (d) REPORTS REQUIRED.— activities of the Program, with prior notice (2) to the extent and in such amounts as (1) IN GENERAL.—In the each report sub- (including the provision of appropriate sup- may be provided in advance by appropria- mitted under section 6, the Director shall in- porting information) to the head of the agen- tions Acts, to enter into contracts and other clude a report of the hiring of workers af- cy receiving any such allocation or allot- arrangements and to make such payments as fected by Hurricane Katrina and Hurricane ment. may be necessary to carry out the provisions Rita. (ii) ALLOCATIONS.—Notwithstanding any of this Act. (2) CONTENT.—Each report submitted under other provision of law, pursuant to relevant SEC. 5. SUPPORT FOR WORKERS AFFECTED BY paragraph (1) shall include, with respect to appropriations Acts for the Gulf Coast Re- HURRICANE KATRINA AND HURRI- the preceding fiscal quarter, information covery and Disaster Preparedness Program, CANE RITA. on— the Director of the Office of Management (a) DEFINITIONS.—In this section: (A) the total number of workers affected and Budget shall exercise the authority of (1) EXECUTIVE AGENCY.—The term ‘‘execu- by Hurricane Katrina and Hurricane Rita the Director of the Office of Management tive agency’’ has the meaning given such hired by contractors, subcontractors, or em- and Budget to apportion funds, at the exclu- term in section 4 of the Office of Federal ployers that provided disaster recovery serv- sive direction of the Director of Gulf Coast Procurement Policy Act (41 U.S.C. 403). ices in connection with Hurricane Katrina Recovery and Disaster Preparedness, for al- (2) WORKERS AFFECTED BY HURRICANE and Hurricane Rita reconstruction efforts; location to agencies performing activities of KATRINA AND HURRICANE RITA.—The term (B) the total number of individuals hired the Gulf Coast Recovery and Disaster Pre- ‘‘workers affected by Hurricane Katrina and by contractors, subcontractors, or employers paredness Program. Department comptrol- Hurricane Rita’’ means workers who were re- that provided disaster recovery services in

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.044 S07OCPT1 S11320 CONGRESSIONAL RECORD — SENATE October 7, 2005 connection with Hurricane Katrina and Hur- (A) of whom 1 shall be a local elected offi- time period for adoption of the comprehen- ricane Rita reconstruction efforts; and cial; sive plan by not more than 60 days. (C)(i) whether the Director or head of the (B) of whom 1 shall be from a nonprofit or- (h) AUTHORITY OF DIRECTOR BEFORE executive agency provided any exemptions ganization; and PLANS.—Nothing in this section shall be con- under subsection (a)(2); (C) of whom 1 shall be a leader in the pri- strued to limit the authority of the Director (ii) the total number of contractors, sub- vate sector; to approve priority projects and initiate pro- contractors, and employers provided such ex- (10) 1 resident of a community within the grams which the Director determines are emptions in each State, and the percentage area affected by Hurricane Katrina and Hur- needed before the adoption of the prelimi- they represent of all contractors, sub- ricane Rita appointed by the Governor of nary and comprehensive plans. contractors, and employers providing serv- Alabama; (i) APPROVAL OF PLANS.—Adoption of the ices; and (11) 1 resident of a community within the plans shall require approval of a majority of (iii) the total number of workers employed area affected by Hurricane Katrina and Hur- the members of the Authority and approval under contracts or grants for which an ex- ricane Rita appointed by the Governor of by the Director. After each of the plans has emption was granted and the percentage of Texas; and been adopted, individual projects authorized such workers who were workers affected by (12) 2 residents of New Orleans, Louisiana, by the Gulf Coast Agency shall be consistent Hurricane Katrina and Hurricane Rita. appointed by the Mayor of New Orleans, Lou- with that plan. (3) SOURCE OF INFORMATION.—For purposes isiana. (j) GOVERNORS APPROVAL.—Nothing in this section shall affect the authority of a Gov- of preparing a report required under para- (d) REPRESENTATIVES.— ernor to approve individual projects within graph (1), the Director or the head of an ex- (1) IN GENERAL.—Each member of the Au- ecutive agency shall require employers pro- thority described under subsection (c) (2) the State of that Governor to the extent that viding disaster recovery services in connec- through (6) may designate a representative the approval of the Governor is required by tion with Hurricane Katrina and Hurricane to attend any meeting of the Authority in law. (k) IMPLEMENTATION MODIFICATIONS.— Rita reconstruction efforts to provide to the the absence of that member. (1) IN GENERAL.—After the adoption of the agency, under penalty of perjury, informa- (2) QUORUM AND VOTING.—A representative comprehensive plan, the Authority— tion relevant to such reports. designated under this subsection— (A) shall monitor implementation; SEC. 6. REPORTS TO CONGRESS. (A) shall count for purposes of a quorum; (B) develop more detailed advisory pro- (a) IN GENERAL.—Every 3 months, for each and posals consistent with the comprehensive calendar quarter, the Director shall submit a (B) may vote on any matter of the Author- plan; and report to Congress on the progress of the ity. (C) consider and adopt such modifications Gulf Coast Recovery and Disaster Prepared- (e) APPOINTMENTS; VACANCIES; QUORUM.— ness Program, including— to the comprehensive plan as may become (1) APPOINTMENTS.—All members of the Au- necessary and appropriate. (1) any findings regarding fraud, waste, and thority shall be appointed within 14 days abuse of Federal funds, personnel, and assets; (2) MODIFICATIONS.—Modifications to the after the date of enactment of this Act. comprehensive plan shall be adopted in the and (2) PERIOD OF APPOINTMENT; VACANCIES.— (2) the status of progress toward the re- same manner as the plan. Members shall be appointed for the life of (l) CONSIDERATIONS.—In developing the building of the Gulf Coast region during the the Authority. Any vacancy in the Authority plan, the Authority shall consider— 3-month period preceding the date of submis- shall not affect its powers, but shall be filled (1) the impact of public infrastructure on sion of the report. in the same manner as the original appoint- minimizing the impact of future hurricanes; (b) FIRST REPORT.—The first report under ment. this section shall be submitted for the first (2) the impact of public infrastructure on— (3) QUORUM.—A majority of the members of (A) improving the opportunities for eco- full calendar quarter for which a Director the Authority shall constitute a quorum, but has been appointed. nomic development in the region; and a lesser number of members may hold hear- (B) enhancing public services available to SEC. 7. GULF COAST REVITALIZATION AUTHOR- ings. ITY. residents; (f) PERSONNEL MATTERS FOR AUTHORITY (a) ESTABLISHMENT.—There is established, (3) the preservation of the unique histor- MEMBERS.— within the Gulf Coast Agency, the Gulf Coast ical and cultural character of communities, (1) COMPENSATION OF MEMBERS.— Revitalization Authority. The Authority maintaining traditional styles of architec- (A) IN GENERAL.—Except as provided under shall have responsibility for the development ture, neighborhood design, and community of a comprehensive plan for rebuilding and subparagraph (B), each member of the Au- facilities wherever possible; and improving the public infrastructure of the thority described under subsection (c)(7) (4) procedures to ensure that rebuilding Gulf Coast region affected by Hurricane through (12) shall be compensated at a rate and redevelopment is carried out in an effi- Katrina and Hurricane Rita. equal to the daily equivalent of the annual cient and cost-effective manner, including (b) PURPOSE.—The purpose of the Author- rate of basic pay prescribed for level IV of efforts to promote the involvement of the ity is to develop a plan with substantial the Executive Schedule under section 5315 of private sector and nonprofit organizations. local participation to— title 5, United States Code, for each day (in- (m) OPPORTUNITY FOR PUBLIC COMMENT.— (1) rebuild and improve the public infra- cluding travel time) during which such mem- The Authority shall conduct public hearings structure of the Gulf Coast region affected ber is engaged in the performance of the du- in each of the affected States and shall en- by Hurricane Katrina and Hurricane Rita; ties of the Authority. deavor to provide substantial opportunity (2) determine how best to use available (B) FEDERAL OFFICERS AND EMPLOYEES.—All for public input, including opportunity for Federal resources; and members of the Authority who are officers or public comment on the preliminary plan be- (3) coordinate State and local government employees of the United States shall serve fore the comprehensive plan is adopted. and private sector initiatives with the Fed- without compensation in addition to that re- (n) AUTHORITY PERSONNEL.— eral effort. ceived for their services as officers or em- (1) IN GENERAL.—To develop the com- (c) COMPOSITION OF THE AUTHORITY.—The ployees of the United States. prehensive plan the Authority shall select Authority shall consist of 19 members in- (2) TRAVEL EXPENSES.—The members of the and supervise consultants and employees as cluding— Authority described under subsection (c) (7) provided under paragraphs (2) and (3) who (1) the Director, who shall serve as Chair- through (12) shall be allowed travel expenses, shall include planners, architects, engineers, person of the Authority; including per diem in lieu of subsistence, at and experts on information technology, the (2) the Governor of Louisiana; rates authorized for employees of agencies environment, and economic development. (3) the Governor of Mississippi; under subchapter I of chapter 57 of title 5, (2) PROCUREMENT OF TEMPORARY AND INTER- (4) the Governor of Alabama; United States Code, while away from their MITTENT SERVICES.—After consultation with (5) the Governor of Texas; homes or regular places of business in the the Authority, the Director shall procure (6) the Mayor of New Orleans, Louisiana; performance of services for the Authority. temporary and intermittent services under (7) 3 members appointed by the President; (g) PREPARATION OF A COMPREHENSIVE section 3109(b) of title 5, United States Code, (8) 3 residents of communities within the PLAN.— of the individuals selected by the Authority area affected by Hurricane Katrina and Hur- (1) PRELIMINARY PLAN.—Not later than 134 under paragraph (1) of this subsection. The ricane Rita appointed by the Governor of days after the date of enactment of this Act, rate of pay for any such individual may not Louisiana— the Authority shall approve a preliminary exceed the daily equivalent of the annual (A) of whom 1 shall be a local elected offi- plan for rebuilding and improving the public rate of basic pay prescribed for level V of the cial; infrastructure of the Gulf Coast region. Executive Schedule under section 5316 of (B) of whom 1 shall be from a nonprofit or- (2) COMPREHENSIVE PLAN.—Not later than title 5, United States Code. ganization; and 194 days after the date of enactment of this (3) EMPLOYEES.—After consultation with (C) of whom 1 shall be a leader in the pri- Act, the Authority shall approve a com- the Authority, the Director shall employ in- vate sector; prehensive plan for rebuilding and improving dividuals selected by the Authority under (9) 3 residents of the communities within the public infrastructure of the Gulf Coast paragraph (1). the area affected by Hurricane Katrina and region. (4) ASSISTANCE.—To the extent practicable, Hurricane Rita appointed by the Governor of (3) EXTENSION.—For good cause shown, the the consultants and employees under this Mississippi— Authority by majority vote may extend the subsection shall provide local officials with

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technical assistance and consultation on the art information technology infrastruc- (t) COLLABORATION WITH LOCAL GOVERN- local efforts. ture. MENT, NONPROFIT ORGANIZATIONS, AND PRI- (o) DETAILEES.—Any Federal employee (7) Hospitals and Other Public Health Care VATE ENTITIES.— may be detailed to the Authority with reim- Facilities: (1) IN GENERAL.—Throughout the process of bursement, and such detail shall be without (A) Design improvement standards for hos- developing a comprehensive plan, the Au- interruption or loss of civil service status or pitals that will be rebuilt that includes state thority and the planning staff of the Author- privilege. Federal agencies shall provide of the art information technology infrastruc- ity shall work with local government offi- detailees to the Authority at the request of ture. cials, nonprofit organizations and private en- the Authority to the extent feasible. (B) Design standards for health care facili- tities with a stake in the redevelopment of (p) USE OF FEDERAL AGENCY EXPERTISE.— ties to withstand and continue operation the region. The Authority shall consult with the heads during a future hurricane. (2) INDIVIDUALS AND ENTITIES.—Individuals of agencies, and other Federal officials as (8) Utility Infrastructure: A plan for work- and entities shall include— necessary in the preparation of the com- ing with private entities that serve the pub- (A) State and local government officials; prehensive plan, and the heads of those agen- lic to ensure utility coverage of redeveloped (B) community based nonprofit organiza- cies shall consult with the Authority as re- areas with telecommunication services, in- tions; quested. Federal agencies shall provide ex- cluding broadband access, and energy and (C) chambers of commerce and business pertise to the Authority to the extent fea- electricity generation and distribution. community leaders; sible. (9) Employment and Training: (D) school superintendents, parent and teacher associations; (q) AREAS ADDRESSED BY COMPREHENSIVE (A) A plan for the training of residents of (E) environmental groups; PLAN.—The comprehensive plan shall address the affected communities in job skills that (F) real estate and construction industries, the following areas of redevelopment: will be required in the region. both nonprofit organizations and for-profit (1) Water Management: (B) Priority for jobs for residents of the af- entities; (A) Design improvements and placement of fected communities created by reconstruc- (G) social service providers; water control facilities (including drainage tion programs funded by the Gulf Coast (H) emergency relief and disaster planning channels, pumping facilities, levees and bar- Agency to the extent practicable. nonprofit organizations; riers). (10) Other Public Facilities: (I) labor organizations; (B) Design improvements and repair of (A) A plan for the rebuilding of public (J) utility companies; water treatment and delivery systems and buildings and facilities, and for buildings and (K) hospital administrators and practi- sewage collection and treatment facilities. facilities of nonprofit organizations that tioners; and (2) Environmental Restoration: serve a public function open to all residents (L) insurance companies. (A) A long-term coastal restoration plan, within communities. (B) A plan for the rebuilding of museums (u) NONAPPLICABILITY OF CERTAIN PROVI- including the restoration of coastal wetlands SIONS.—The Authority shall not be construed and barrier islands that are natural flood and other facilities operated by nonprofit or- ganizations that are used to preserve and to be an agency for purposes of chapter 5 of control systems to prevent erosion and flood title 5, United States Code, and such chapter promote the historic, cultural, musical and damages. shall not be construed to apply to the Gulf artistic traditions of the affected areas. (B) Land and water resource conservation. Coast Agency with respect to the Authority. (3) Transportation: (r) EXPEDITING THE REBUILDING PROCESS.— The Federal Advisory Committee Act (5 (A) Priorities and criteria for demolishing The Authority shall— U.S.C. App.) shall not apply to the Author- and rebuilding damaged bridges, roads and (1) consider whether it is necessary to ity. highways. waive or modify any Federal, State, or local SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (B) Identification of appropriate placement law relating to the environment, land use, or There are authorized to be appropriated of bridges, roads, and highways that takes the permitting of construction projects in such sums as necessary to carry out this Act. into consideration daily traffic flow as well order to expedite reconstruction within the SEC. 9. TERMINATION OF OFFICE. as future evacuation requirements and sus- Gulf Coast region; and (a) IN GENERAL.—The Office and position of ceptibility to hurricane damage. (2) make appropriate recommendations in Director shall terminate 3 years after the (C) Adequate public transportation facili- the comprehensive plan relating to the waiv- date of enactment of this Act. ties connected to regional transportation er or modification of such laws. (b) EXTENSION OF TERMINATION.— networks that takes into consideration daily (1) IN GENERAL.—The President may extend (s) PLANNING PRINCIPLES.—In developing transportation needs of residents and evacu- the date of termination under subsection (a) ation requirements for residents without and implementing the comprehensive plan, in accordance with this subsection. personal vehicles. the Authority and the Gulf Coast Agency (2) CONDITIONS OF EXTENSION.—Any exten- (D) Airport reconstruction including run- shall take into consideration the following sion of termination under this subsection— way layouts, and connections to public tran- planning principles: (A) shall not be effective for any period oc- sit, roads and highways. (1) Provide substantial opportunities for curring 6 years after the date of enactment (E) Priorities and criteria for rebuilding area residents to participate in the planning of this Act; freight rail and freight terminals. process. (B) may not apply retroactively if the Of- (4) Ports: (2) All public structures should be designed fice and the position of Director have al- (A) Design standards for rebuilding port fa- to withstand a category 5 hurricane. ready terminated under this section; cilities. (3) Preserve the unique historical, cultural, (C) shall not be effective unless 6 months (B) A plan for working with private enti- and architectural character of communities before the date on which a termination ties to rebuild port facilities including to the maximum extent possible. would occur the President submits a notice berths, storage facilities, navigation chan- (4) Infrastructure should be developed to to Congress of a determination to extend the nels, and docks. minimize the impact of future hurricanes. termination and setting forth the length of (C) Identification of the need for improved (5) Infrastructure should be developed to the extension; and security technologies available for port secu- improve economic opportunity for the region (D) subject to subparagraph (A), may be rity screening. and its residents. made only for a 1-year period, 2-year period, (5) Housing: (6) Transportation infrastructure should be or 3-year period. (A) Criteria for demolition of damaged designed and built with future evacuation Mr. KENNEDY. Mr. President, when I housing, restoration of housing where advis- needs in mind. last spoke on the Senate floor about able, and development of newly built hous- (7) Establish systems to maintain infra- ing. structure over time and accommodate Hurricane Katrina, I spoke of my visit (B) Design improvement standards for growth in the region. to the region—to Louisiana and Mis- housing that can minimize damage from a (8) Promote access to housing, transpor- sissippi—where I witnessed first hand future hurricane. tation, jobs and schools to residents of all in- the devastation to these communities. (C) A plan for working with private enti- comes that accommodates economic and so- Entire blocks were left bare to their ties and nonprofit organizations to facilitate cial integration. foundations where families once lived. rebuilding an adequate supply of housing (9) Promote energy efficient design. Schools and hospitals were destroyed. that is affordable to residents of all incomes (10) Promote transit oriented development Power lines were draped over fallen displaced by Hurricane Katrina and Hurri- in metropolitan areas. trees and there was water everywhere. cane Rita. (11) Promote innovations in public-private Roads were washed out and bridges (6) Schools: partnerships. (A) Priorities and criteria for rebuilding (12) Promote efficient and cost-effective re- were destroyed. Much of the great city schools where advisable and construction of building efforts. of New Orleans was under water. It was replacement schools where necessary. (13) Promote involvement of the private beyond what any of us could have (B) Design improvement standards for sector and nonprofit organizations to broad- imagined. schools that need to be rebuilt that include, en participation and help control costs to Seeing the Gulf Coast in such a state where advisable and cost effective, state of the Federal Government. has deeply touched me and my family

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.044 S07OCPT1 S11322 CONGRESSIONAL RECORD — SENATE October 7, 2005 in deeply personal ways. My wife Vicki rapid response agency whose first re- experts to address rebuilding or restor- and her strong and wonderful family sponsibility is to provide relief in the ing water management facilities, envi- are from Louisiana. She went to school immediate aftermath of a disaster. ronmental restoration, transportation, in Louisiana, attending Tulane Univer- Given the enormity of the number of ports, housing, schools, hospitals, util- sity, and considers New Orleans her people displaced by Hurricanes Katrina ity infrastructure, other public facili- second home. and Rita, the rebuilding will be an all- ties, and employment and training. It has now been more than a month consuming task. And if it is to take And, while we need to build water since Hurricane Katrina first hit the place as rapidly as possible, it requires control systems and structures that Gulf Coast. Hurricane Rita wreaked the creation of a new Federal entity to will be able to withstand giant hurri- further havoc on the region. And al- be an effective partner in that effort. canes and floods in the future, it is not though the emergency phase of the re- Our bill creates a Gulf Coast Recov- just about the bricks and mortar. It is sponse may be over, we now face the ery and Disaster Preparedness Agency about promoting economic develop- extraordinary challenge of rebuilding to aid in the work of rebuilding the re- ment and improving the quality of life this region and restoring people’s lives. gion. The enormous Federal invest- for the residents of the region; it is Relief workers and agencies have ment that will be needed to revitalize about preserving the unique historical, been working tirelessly to clear debris, the region would be channeled through cultural and architectural character of and connect evacuees to services and this agency. Estimates of the cost of communities; and restoring the eco- temporary housing. Just this week, rebuilding the region are as high as logical resources of the region. It is New Orleans has finally been drained of $200 billion. We need someone who will about promoting access to housing, all water left standing in the city. be responsible for the coordinated de- transportation, jobs and schools to Health workers are working to address ployment of these dollars. residents of all incomes. the public health challenges and the The agency will be headed by a Direc- We have a chance to build the Gulf ongoing health needs of the evacuees. tor, an eminent, nonpartisan person economy of the future—and in doing so And States across the country con- with demonstrated leadership in large improve the entire Nation’s economic tinue to work with evacuees in their organizations. It will take strong lead- destiny. We have a chance to build a area to help them with housing, jobs ership that has the attention of the new economy that works for every- and services. President to coordinate redevelopment one—with diverse housing and more job Relief and recovery efforts have re- efforts and cut through the redtape to opportunities. vealed that we have our work cut out ensure that Federal funds are deployed We cannot wait any longer. The peo- for us. Thousands of homes were de- swiftly, efficiently and effectively. ple of Louisiana, the people of Mis- stroyed and more have water marks to Under our bill, the President ap- sissippi, Alabama and now Texas, and the ceilings, mold and severe struc- points the Director with the advice and the many States who have taken in tural damage are everywhere. Entire consent of the Senate. The Director evacuees, cannot wait any longer. We schools and hospitals must be rebuilt. will have overall control of Federal need to act and appoint an executive who will lead recovery and redevelop- Roads and bridges that were washed funding, personnel, and assets used for ment efforts and really listen to what out must be replaced. Museums with rebuilding the region. the residents of the Gulf Coast, its artifacts of the rich cultural tradition The Director of the Gulf Coast Re- community leaders, business leaders of the region have been damaged. Much covery and Disaster Preparedness Agency will work with an Authority, and elected officials really need. of what has made these cities and All of those who visited the region composed primarily of residents from towns vibrant has been destroyed and and those who have seen images of the the affected area, that will develop a kept residents away from their beloved devastation on TV recognize that re- communities. comprehensive plan for rebuilding the building the Gulf Coast requires an un- We need to make these communities region. precedented national effort. It must be Governors, mayors, community lead- whole again. We need to make them a principal focus of our national gov- ers, business and non-profit leaders, stronger and healthier. We need to ernment in the months ahead and it build the roads and bridges that will citizens and the Federal Government must be done in a genuine collabora- bring the many evacuees home to qual- will be able to sit around the same tion with the people of the affected re- ity, permanent homes, and get their table to develop a common blueprint gion. children back to their schools. for reconstructing their communities I want to commend my colleague We must rebuild the region thought- and their lives. Senator GREGG who has worked very fully and swiftly. We owe it to the resi- While only the Federal Government hard to ensure that we come up with a dents of the region who want to come possesses the necessary resources to re- sensible way of addressing the enor- home. And we owe it to the thousands build the devastated areas, it is essen- mous challenge of rebuilding that lies of relief workers, charities, and busi- tial that State and local officials who ahead. nesses that have come together to know the area best be full partners. We believe that a Gulf Coast Recov- make the region and its residents safe Local residents must share the deci- ery and Disaster Preparedness Director and secure. sionmaking authority. Creating this and a Gulf Coast Revitalization Au- It is up to us in Congress to ensure Authority to develop a comprehensive thority is the best way to combine the that the region is equipped to rebuild. plan for redevelopment will guarantee Federal resources and coordination The residents of the Gulf Coast and that local concerns are taken seri- with real local involvement in the deci- New Orleans take pride in their cities ously. sionmaking process. and towns and they want to lead the How to rebuild should not be deter- way in reviving their own commu- mined by the biggest, most powerful By Ms. COLLINS (for herself and nities. But they desperately need our contractors. We need to work from a Mr. WARNER): help. That is why today, Senator shared vision for the future in which S. 1866. A bill to establish an Under GREGG and I are introducing the Gulf we all do our part in rebuilding the new Secretary for Policy in the Department Coast Recovery and Disaster Prepared- Gulf Coast. of Homeland Security, and for other ness Act. The rebuilding process does not purposes; to the Committee on Home- We need a response that is as good merely involve reproducing in place land Security and Governmental Af- and generous as the American people the structures that existed prior to the fairs. but our existing disaster relief struc- hurricane and the flooding, although Ms. COLLINS. Mr. President, I rise tures are not equipped for this monu- that alone would be an enormous task. today, on behalf of myself and Senators mental task. It involves planning for the future of WARNER and COBURN, to introduce a The primary focus of our Department the affected communities. bill establishing an Under Secretary of Homeland Security is to protect the To develop this plan, the Authority for Policy within the Department of Nation from terrorism, and it is imper- will involve the best flood control engi- Homeland Security. This legislation ative for that work to go on neers, the best community and urban would meet a critical need of the De- unimpeded. And FEMA is primarily a development specialists, planners, and partment: an official at the highest

VerDate Aug 31 2005 08:22 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.033 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11323 level of the Department to develop co- range of threats to our homeland. Cre- ‘‘(D) To manage international activities herent strategies and provide com- ating an Under Secretary for Policy is within the Department in coordination with prehensive policy guidance for respond- a critical step for ensuring that our other Federal officials with responsibility ing to the full range of threats to our government has a truly capable De- for counterterrorism matters. ‘‘(4) PRIVATE SECTOR.— homeland. partment of Homeland Security. ‘‘(A) To create and foster strategic commu- This past spring, soon after being I ask unanimous consent that the nications with the private sector to enhance confirmed as the second Secretary of text of the bill establishing an Under the primary mission of the Department to Homeland Security, Secretary Chertoff Secretary for Policy within the Depart- protect the American homeland. conducted a top-to-bottom review of ment of Homeland Security be printed ‘‘(B) To advise the Secretary on the impact the Department. As Secretary Chertoff in the RECORD. of the policies, regulations, processes, and said at the launch of this ‘‘Second There being no objection, the bill was actions of the Department on the private Stage Review,’’ the Congress created ordered to be printed in the RECORD, as sector. the Department of Homeland Security follows: ‘‘(C) To interface with other relevant Fed- eral agencies with homeland security mis- S. 1866 ‘‘to do more than simply erect a big sions to assess the impact of the actions of tent under which a lot of different or- Be it enacted by the Senate and House of Rep- such agencies on the private sector. ganizations would be collected.’’ In- resentatives of the United States of America in ‘‘(D) To create and manage private sector stead, the purpose of the Department is Congress assembled, advisory councils composed of representa- to integrate the capabilities and SECTION 1. UNDER SECRETARY FOR POLICY. tives of industries and associations des- achieve unity of effort among a wide (a) SHORT TITLE.—This Act may be cited as ignated by the Secretary— range of agencies and entities that are the ‘‘Homeland Security Policy Act of 2005’’. ‘‘(i) to advise the Secretary on private sec- (b) IN GENERAL.—The Homeland Security tor products, applications, and solutions as involved in protecting our homeland. Act of 2002 (6 U.S.C. 101 et seq.) is amended— In July, Secretary Chertoff an- they relate to homeland security challenges; (1) by redesignating title VI and section 601 and nounced the results of the ‘‘Second as title XVIII and section 1801, respectively, ‘‘(ii) to advise the Secretary on homeland Stage Review’’ and proposed several or- and transferring that title to the end of the security policies, regulations, processes, and ganizational changes aimed at further Homeland Security Act of 2002; and actions that affect the participating indus- integrating the Department’s many (2) by inserting after title V, the following: tries and associations. components. Chief among these pro- ‘‘TITLE VI—UNDER SECRETARY FOR ‘‘(E) To work with Federal laboratories, posed changes was the creation of a POLICY federally funded research and development Senate-confirmed Under Secretary ‘‘SEC. 601. UNDER SECRETARY FOR POLICY. centers, other federally funded organiza- with responsibility for policy develop- ‘‘(a) IN GENERAL.—There shall be in the De- tions, academia, and the private sector to de- velop innovative approaches to address ment across the Department. partment an Under Secretary for Policy, who shall be appointed by the President, by and homeland security challenges to produce and Thus, in keeping with Secretary deploy the best available technologies for Chertoff’s proposal, this legislation with the advice and consent of the Senate. ‘‘(b) RESPONSIBILITIES.—Subject to the di- homeland security missions. would create an Under Secretary for rection, authority, and control of the Sec- ‘‘(F) To promote existing public-private Policy who is appointed by the Presi- retary, the responsibilities of the Under Sec- partnerships and develop new public-private dent with the advice and consent of the retary for Policy shall be as follows: partnerships to provide for collaboration and Senate. This Under Secretary would ‘‘(1) POLICY.— mutual support to address homeland secu- serve as the Secretary’s principal pol- ‘‘(A) To serve as the principal policy advi- rity challenges. icy advisor and enable the Department sor to the Secretary. ‘‘(G) To assist in the development and pro- motion of private sector best practices to se- to develop comprehensive policies and ‘‘(B) To provide overall direction and su- pervision for policy development to pro- cure critical infrastructure. strategies—across all of the Depart- grams, offices, and activities of the Depart- ‘‘(H) To coordinate industry efforts, with ments’ components—to meet homeland ment. respect to functions of the Department, to security challenge. The Under Sec- ‘‘(C) To establish and direct a formal pol- identify private sector resources and capa- retary’s responsibilities would cover icymaking process for the Department. bilities that could be effective in four key areas: policy development, ‘‘(D) To analyze, evaluate, and review com- supplementing Federal, State, and local gov- strategic planning, international af- pleted, ongoing, and proposed programs, to ernment agency efforts to prevent or respond fairs, and private sector outreach. The ensure they are compatible with the Sec- to a terrorist attack. ‘‘(I) To coordinate among Department op- policy development and strategic plan- retary’s priorities, strategic plans, and poli- cies. erating entities and with the Assistant Sec- ning functions are new, while the inter- ‘‘(2) STRATEGIC PLANNING.— retary for Trade Development of the Depart- national affairs and private sector out- ‘‘(A) To conduct long-range, strategic plan- ment of Commerce on issues related to the reach functions are transferred from ning for the Department. travel and tourism industries.’’. other parts of the Department in order ‘‘(B) To prepare national and Department (c) TECHNICAL AND CONFORMING AMEND- to consolidate the full range of policy- strategies, as appropriate. MENTS.—The Homeland Security Act of 2002 ‘‘(C) To conduct net assessments of issues level functions under this Under Sec- (6 U.S.C. 101 et seq.) is amended— facing the Department. retary. (1) in section 103— ‘‘(D) To conduct reviews of the Department We need no better reason to take up (A) by redesignating paragraphs (6) to ensure the implementation of this para- this bill than the tragic events of a through (10) as paragraphs (7) through (11), graph. month ago. Hurricane Katrina was a respectively; and ‘‘(3) INTERNATIONAL RESPONSIBILITIES.— (B) by inserting after paragraph (5) the fol- natural disaster, but the devastation, ‘‘(A) To promote informational and edu- lowing: suffering, and deprivation left in the cational exchange with nations friendly to ‘‘(6) An Under Secretary for Policy.’’; wake of this powerful storm were com- the United States in order to promote shar- (2) by striking section 879; ing of best practices and technologies relat- pounded by the failure of all levels of (3) by redesignating sections 880 through ing to homeland security, including— government—local, State, and Fed- 890 as sections 879 through 889, respectively; ‘‘(i) the exchange of information on re- eral—to prepare and respond in a uni- and search and development on homeland secu- fied, integrated way. Moreover, the ca- (4) in the table of contents— rity technologies; (A) by redesignating the items relating to pabilities needed to have dealt with ‘‘(ii) joint training exercises of first re- title VI and section 601 as relating to title Hurricane Katrina are in many in- sponders; and XVIII and section 1801, respectively, and stances the same capabilities that are ‘‘(iii) exchanging expertise and informa- transferring the items relating to that title needed to protect America from ter- tion on terrorism prevention, response, and and section to the end of the table of con- crisis management. rorism. tents; ‘‘(B) To identify areas for homeland secu- The governmental failures high- (B) by inserting before the item relating to rity informational and training exchange lighted by Hurricane Katrina are evi- title VII the following: dence of the need for greater integra- where the United States has a demonstrated tion and unity of effort within the De- weakness and another friendly nation or na- ‘‘TITLE VI—UNDER SECRETARY FOR tions have a demonstrated expertise. POLICY partment. At the heart of this integra- ‘‘(C) To plan and undertake international tion, the Department needs a stronger conferences, exchange programs (including ‘‘Sec. 601. Under Secretary for Policy.’’; emphasis on policy development and the exchange of scientists, engineers, and (C) by striking the item relating to section strategic planning to meet the full other experts), and other training activities. 879; and

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.046 S07OCPT1 S11324 CONGRESSIONAL RECORD — SENATE October 7, 2005 (D) by redesignating the items relating to This legislation does not mandate return to the place of residence where the in- sections 880 through 890 as relating to sec- where people should vote, nor does it dividual is otherwise qualified to vote. tions 879 through 889, respectively. place additional burdens on State elec- tion officials. It simply puts a mecha- By Mr. SANTORUM: By Mr. FEINGOLD: S. 1868. A bill to ensure gasoline af- S. 1867. A bill to extend to individuals nism in place to make sure that these voters do not lose their right to vote in fordability and security; to the Com- evacuated from their residences as a mittee on Finance. result of Hurricane Katrina the right elections simply because they are tem- porarily displaced. Mr. SANTORUM. Mr. President, I to use the absentee balloting and reg- rise today to introduce the Gasoline istration procedures available to mili- The challenges that we face in the wake of Katrina are many, and unfor- Affordability and Security, GAS, Act. tary and overseas voters under the Uni- With the average price of gasoline at formed and Overseas Citizens Absentee tunately there is some disagreement in Congress about how best to help those $2.86 a gallon in Pennsylvania and the Voting Act, and for other purposes; to national average even higher, condi- the Committee on Rules and Adminis- affected by this tragedy. This is dif- ferent. This bill is a straightforward, tions are ripe for Congress to critically tration. examine why prices are rising and act Mr. FEINGOLD. Mr. President, today simple, and direct response that will to address those factors we can control. I will introduce the Displaced Citizens help keep the electoral process acces- While we have little influence over Voter Protection Act. This bill is a sible for victims of Hurricane Katrina. OPEC, events in oil-exporting coun- companion measure to legislation in- I urge my colleagues to support this tries or growing demand in other na- troduced in the House by my friend bill. tions, we can take steps to expand our Representative ARTUR DAVIS of Ala- I ask unanimous consent that the shrunken refining capacity, diversify bama. He has been a real advocate for text of the bill be printed in the our transportation fuel supply and re- victims of Hurricane Katrina, and I RECORD. duce demand. greatly appreciate his leadership on There being no objection, the bill was Though critical for our Nation’s en- this issue. ordered to be printed in the RECORD, as We are continuing to learn more follows: ergy security, the benefits of many Federal policies will take some time to about and to grapple with the myriad S. 1867 realize. For this reason, my bill com- ways that the Hurricane Katrina dis- Be it enacted by the Senate and House of Rep- aster has affected the lives of residents resentatives of the United States of America in bines consumer protection provisions of the Gulf Coast. Hundreds of thou- Congress assembled, with proposals incentivizing innovative sands of people fled their homes, and SECTION 1. SHORT TITLE. technology and conservation. are temporarily displaced. Most of This Act may be cited as the ‘‘Displaced Consumers are understandably con- these people hope to eventually return Citizens Voter Protection Act of 2005’’. cerned that they are being taken ad- to the communities from which they SEC. 2. APPLICABILITY OF PROTECTIONS FOR vantage of at the pump. My bill will were driven, and have every intention ABSENT MILITARY AND OVERSEAS protect consumers by distinguishing VOTERS TO KATRINA EVACUEES. of rebuilding their lives there. As the retailers engaging in predatory busi- (a) RIGHT OF KATRINA EVACUEES TO USE AB- ness activities from those simply re- communities in Louisiana, Alabama, SENTEE BALLOTING AND REGISTRATION PROCE- sponding to market conditions beyond and Mississippi begin to rebuild, it is DURES AVAILABLE TO MILITARY AND OVERSEAS crucial that those who wish to return VOTERS.—In the case of any individual who their control. Under my proposal, the are able to take part in the govern- is an eligible Hurricane Katrina evacuee— Federal Trade Commission, FTC, is di- ment decisions that will have an im- (1) the individual shall be treated in the rected to define ‘‘price gouging’’ and pact on their communities and their same manner as an absent uniformed serv- set rules that they will have the au- lives. They must be able to elect the ices voter and overseas voter for purposes of thority to enforce. This provision the Uniformed and Overseas Citizens Absen- Federal leaders who will shape this re- would be effective in times of a de- tee Voting Act (42 U.S.C. 1973ff et seq.), other clared energy emergency and would not covery process. than section 103(b)(1) (42 U.S.C. 1973ff–2(b)(1)); The legislation that I will introduce and be limited to a specific geographic area today will make sure that victims of (2) the individual shall be deemed to be an in which a major disaster occurs. My Hurricane Katrina who are temporarily individual who is entitled to vote by absen- constituents can vigorously attest to displaced, and who intend to return to tee ballot for purposes of the National Voter the fact that the effects of a natural their home States, continue to be eligi- Registration Act of 1993 and the Help Amer- disaster on gasoline prices are not con- ble to vote in their States, and that the ica Vote Act of 2002. fined to that region. The damage government takes steps to inform them (b) DEFINITION.—For purposes of this sec- caused by Hurricanes Katrina and Rita of their rights in this area. It would ex- tion, the term ‘‘eligible Hurricane Katrina has affected consumers’ pocketbooks evacuee’’ means an individual— tend the same voting protections cur- (1) who certifies to the appropriate State nationwide. rently available to members of the election official that the individual is absent And to better inform consumers, the military and overseas voters to those from the place of residence where the indi- FTC will be required to make available who are displaced temporarily by vidual is otherwise qualified to vote as a re- a list disclosing the name of any entity Katrina. Individuals who are qualified sult of evacuation from an area affected by penalized under the Federal price to vote in their original place of resi- Hurricane Katrina; and gouging prohibition. dence, and who intend to return to that (2) who provides the official with an affi- Twenty-eight States currently have place in the near future, will be able to davit stating that the individual intends to price gouging laws on the books. In an return to such place of residence after the vote by absentee ballot for Federal election or elections involved. effort to further assist States to tackle elections held through 2008. Voters who (c) EFFECTIVE DATE.—This section shall this issue, the GAS Act also directs the intend to return to their original place apply with respect to elections for Federal FTC to create a task force that will aid of residence would be able to use the office held in calendar years 2006 through any state requesting assistance with forms available online that are cur- 2008. the investigation of potential price rently used by members of the military SEC. 3. REQUIRING DESIGNATED VOTER REG- gouging and provide technical assist- and other citizens who are overseas to ISTRATION AGENCIES TO NOTIFY ance in reviewing or establishing state DISPLACED INDIVIDUALS OF AVAIL- request absentee ballots from their ABILITY OF PROTECTIONS. price gouging laws. home State. Voters requesting an ab- Each motor vehicle authority in a State High prices are often not the result sentee ballot would be required to in- and each voter registration agency des- of price gouging, and consumers have a clude an affidavit certifying that they ignated in a State under section 7(a) of the right to know what they’re paying for intend to return to their home State in National Voter Registration Act of 1993 (42 in a gallon of gasoline. This informa- the near future with their ballot. The U.S.C. 1973gg–5(a)) shall take such steps as tion is available through the Energy bill also directs motor vehicle authori- may be necessary to notify individuals to Information Association, EIA. But be- whom services are provided of the protec- ties and voter registration agencies to tions provided by section 2 and of the re- cause many Americans do not have take steps to notify the public that quirements for obtaining those protections, Internet access or may not be able to this absentee ballot option is available including the requirement to submit an affi- easily extract this data, my bill en- for Katrina victims. davit stating that the individual intends to courages the EIA to disseminate, in a

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.048 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11325 manner suitable for posting, informa- S. 1868 TITLE II—INCREASING SUPPLY tion regarding the cost components of Be it enacted by the Senate and House of Rep- SEC. 201. FUEL DIVERSIFICATION. a gallon of gasoline to individuals sell- resentatives of the United States of America in Section 402 of the Energy Policy Act of ing gas or diesel fuel. Retailers may Congress assembled, 2005 (42 U.S.C. 15962) is amended— then display this information for their SECTION 1. SHORT TITLE. (1) in subsection (b)(1)(A)— customers. This Act may be cited as the ‘‘Gasoline Af- (A) in clause (iv), by striking ‘‘and’’ at the One important strategy to combat fordability and Security Act’’ or the ‘‘GAS end; Act’’. rising fuel prices is to diversify our fuel (B) by redesignating clause (v) as clause supply. This can be accomplished TITLE I—CONSUMER PROTECTION (vi); and (C) by inserting after clause (iv) the fol- through use of coal, a resource plenti- SEC. 101. PROHIBITION ON GASOLINE PRICE GOUGING. lowing: ful in my State of Pennsylvania and in (a) UNLAWFUL CONDUCT.—During the 30-day ‘‘(v) a Fischer-Tropsch technology project other regions of the country. Coal-to- period beginning on the date on which the to produce ultra-low sulfur liquid transpor- liquid fuel technology now enables us President determines the existence of condi- tation fuel; and’’; and to use this resource in an environ- tions warranting the drawdown and sale of (2) by adding at the end the following: mentally friendly way that can greatly petroleum products from the Strategic Pe- ‘‘(j) ENERGY POLICY PRIORITY.— benefit our economy and create hun- troleum Reserve under subsection (d) or (h) ‘‘(1) ESTABLISHMENT.—Not later than 90 dreds of jobs in Pennsylvania alone. I of section 161 of the Energy Policy and Con- days after the date on which the Secretary servation Act (42 U.S.C. 6241), it shall be an am proud to be a longtime supporter of provides funds for a Fischer-Tropsch tech- unfair or deceptive act or practice in viola- nology project to produce ultra-low sulfur this technology and other clean coal tion of section 5(a)(1) of the Federal Trade liquid transportation fuel under subsection initiatives. In 2001, I was able to secure Commission Act (15 U.S.C. 45(a)(1)) for any (b)(1)(A)(v), the Secretary shall establish as language to enable a Pennsylvania- person to sell gasoline or diesel fuel at a an energy policy priority the expedited, based coal and energy company to com- price which constitutes price gouging as de- large-scale commercialization of that tech- pete for a Clean Coal Power Initiative, fined by rule pursuant to subsection (b). nology to promote the supply of affordable, CCPI, grant, and I was pleased to se- (b) ENFORCEMENT.—A violation of sub- clean, domestic gasoline and diesel fuel. cure a provision in the Energy bill ear- section (a) shall be treated as a violation of ‘‘(2) SUBSEQUENT PROJECTS.— a rule defining an unfair or deceptive act or ‘‘(A) IN GENERAL.—In accordance with the lier this year that helped make this practice prescribed under section 18(a)(1)(B) project a reality. My legislation will energy policy priority established under of the Federal Trade Commission Act (15 paragraph (1), the Secretary shall provide further encourage the production of U.S.C. 57a(a)(1)(B)) and shall be enforced by funds for a subsequent Fischer-Tropsch tech- this clean fuel by dedicating funds the Federal Trade Commission in accordance nology project to produce ultra-low sulfur from the CCPI to at least one addi- with all applicable terms and provisions of liquid transportation fuel as soon as prac- tional project. the Federal Trade Commission Act. ticable after the date on which the priority Another way all Americans can help (c) PENALTIES.—Any person who violates is established. subsection (a), or the rules promulgated pur- reduce fuel prices is to reduce gasoline ‘‘(B) CRITERIA FOR SELECTION.—In carrying suant to this section, shall be subject to a out subparagraph (A), the Secretary shall se- consumption. But the reality is that civil penalty in an amount not to exceed lect the private sector recipient that is the cutting back on gas, which we need to $11,000 per day in which a violation occurs. most capable of designing and constructing a perform responsibilities as basic as (d) RULEMAKING.—Not later than 90 days after the date of enactment of this Act, the Fischer-Tropsch technology project with an going to work and getting to the gro- output of not less than 50,000 barrels per day cery store, is not easy. To help encour- Federal Trade Commission shall promulgate rules, in accordance with section 5(n) of the of ultra-low sulfur transportation fuel, as de- age conservation, I am proposing a tax termined by the Secretary.’’. credit for employees who telecommute Federal Trade Commission Act (15 U.S.C. 45(n)), that— SEC. 202. FUEL TREATMENT. from home and for employers who (1) define ‘‘price gouging’’ for purposes of Not later than 60 days after the date of en- make that possible. With today’s ad- this section; and actment of this Act, the Administrator of vanced technology, telework should be (2) carry out this section. the Environmental Protection Agency shall a part of the 21st century workplace. SEC. 102. COMPETITIVE PRICING TASK FORCE. conduct an expedited review of any fuel addi- Forty percent of our Nation’s jobs are (a) ESTABLISHMENT.—Not later than 30 days tive an application for verification for which already compatible with telecom- after the date of enactment of this Act, the has been filed in accordance with the vol- muting. It creates the best of all Federal Trade Commission shall establish a untary diesel retrofit program. worlds for both employers and employ- Competitive Pricing Task Force (referred to TITLE III—DECREASING DEMAND in this section as the ‘‘Task Force’’. SEC. 301. CREDIT FOR TELEWORKING. ees, while reducing gas consumption (b) DUTIES.—The Task Force shall provide (a) IN GENERAL.—Subpart B of part IV of and emissions. each State attorney general who requests as- subchapter A of chapter 1 of the Internal President Bush recently called on sistance from the Task Force— Revenue Code of 1986 (relating to foreign tax Federal agencies to cut back on unnec- (1) with assistance in the investigation of credit, etc.) is amended by adding at the end essary travel and look for other ways alleged price gouging affecting the con- the following new section: to conserve fuel. The legislative branch sumers of the State; and ‘‘SEC. 30D. TELEWORKING CREDIT. should make a concerted effort to do (2) such additional technical assistance as may be necessary in studying and drafting ‘‘(a) ALLOWANCE OF CREDIT.—In the case of the same. We cannot expect the Amer- an eligible taxpayer, there shall be allowed ican people to make sacrifices that we State laws to prohibit price gouging. (c) DURATION.—The Task Force shall carry as a credit against the tax imposed by this ourselves are not willing to make. Ac- out the duties described in subsection (b) chapter for the taxable year an amount cordingly, my bill includes language to during the 2-year period beginning on the equal to the qualified teleworking expenses urge Congress and legislative branch date on which the Task Force is established paid or incurred by the taxpayer during such employees to conserve transportation under subsection (a). year. fuel by whatever means practicable, SEC. 103. CONSUMER INFORMATION. ‘‘(b) MAXIMUM CREDIT.— and as a part of these efforts, promote (a) LIST.—The Federal Trade Commission ‘‘(1) PER TELEWORKER LIMITATION.—The shall publish a list on its Web site containing credit allowed by subsection (a) for a taxable teleworking. year with respect to qualified teleworking It is my hope that Congress will take the names of all persons penalized under sec- tion 101. expenses paid or incurred by or on behalf of a hard look at this country’s fuel sup- (b) INFORMATION ABOUT GASOLINE PRICES.— an individual teleworker shall not exceed— ply and will act decisively to make us The Energy Information Administration of ‘‘(A) in the case of an eligible taxpayer de- less reliant on foreign sources. This the Department of Energy shall disseminate scribed in subsection (c)(1)(A), $1,000, and Act contains steps we can take now to to all persons selling gasoline or diesel fuel ‘‘(B) in the case of an eligible taxpayer de- protect consumers and conserve fuel, to retail consumers, in a manner suitable for scribed in subsection (c)(1)(B), $2,000. while moving towards our goal of lower posting, information contained in the table ‘‘(2) REDUCTION FOR TELEWORKING LESS prices and energy independence. on the Administration’s Web site entitled, THAN FULL YEAR.—In the case of an indi- I ask unanimous consent that the ‘‘WHAT WE PAY FOR IN A GALLON OF vidual who is in a teleworking arrangement REGULAR GASOLINE’’, to inform such con- text of legislation titled: the ‘‘Gasoline for less than a full taxable year, the dollar sumers of the factors contributing to the amount referred to subparagraph (A) or (B) Affordability and Security Act’’ be price of gasoline. of paragraph (1) shall be reduced by an printed in the RECORD. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. amount which bears the same ratio to such There being no objection, the bill was There are authorized to be appropriated dollar amount as the number of months in ordered to be printed in the RECORD, as such sums as may be necessary to carry out which such individual is not in a teleworking follows: this title. arrangement bears to 12. For purposes of the

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.050 S07OCPT1 S11326 CONGRESSIONAL RECORD — SENATE October 7, 2005 preceding sentence, an individual shall be ‘‘(38) to the extent provided in section BIDEN, Mr. ALLEN, Ms. STABENOW, Mr. treated as being in a teleworking arrange- 30D(e)(1), in the case of amounts with respect INHOFE, Mr. DURBIN, Mr. ENSIGN, Mr. ment for a month if the individual is subject to which a credit has been allowed under sec- ROCKEFELLER, Mr. CORNYN, Mr. BURNS, to such arrangement for any day of such tion 30D.’’. Ms. MURKOWSKI, Mr. ALEXANDER, Mr. month. (2) Section 55(c)(3) of such Code is amended ‘‘(c) DEFINITIONS.—For purposes of this sec- by inserting ‘‘30D(d),’’ after ‘‘30(b)(3),’’. TALENT, Mrs. DOLE, Mr. CRAIG, and Mr. tion— (3) Section 6501(m) of such Code is amended MARTINEZ) submitted the following res- ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligi- by inserting ‘‘30D(e)(4),’’ after ‘‘30C(e)(5),’’. olution; which was considered and ble taxpayer’ means— (c) CLERICAL AMENDMENT.—The table of agreed to: ‘‘(A) in the case of an individual, an indi- sections for subpart B of part IV of sub- vidual who performs services for an em- chapter A of chapter 1 of the Internal Rev- S. RES. 271 ployer under a teleworking arrangement, enue Code of 1986 is amended by adding at Whereas the well-being of the Nation re- and the end the following new item: quires that the young people of the United ‘‘(B) in the case of an employer, an em- ‘‘Sec. 30D. Teleworking credit.’’. States become an involved, caring citizenry ployer for whom employees perform services with good character; under a teleworking arrangement. (d) EFFECTIVE DATE.—The amendments Whereas the character education of chil- ‘‘(2) TELEWORKING ARRANGEMENT.—The made by this section shall apply to amounts dren has become more urgent as violence by term ‘teleworking arrangement’ means an paid or incurred after the date of the enact- and against youth increasingly threatens the arrangement under which an employee ment of this Act, in taxable years ending physical and psychological well-being of the teleworks for an employer not less than 75 after such date. people of the United States; days per year. SEC. 302. EMPLOYER-PROVIDED COMPUTER Whereas more than ever, children need ‘‘(3) QUALIFIED TELEWORKING EXPENSES.— EQUIPMENT TREATED AS FRINGE strong and constructive guidance from their The term ‘qualified teleworking expenses’ BENEFIT. families and their communities, including means expenses paid or incurred under a (a) IN GENERAL.—Subsection (a) of section schools, youth organizations, religious insti- teleworking arrangement for furnishings and 132 of the Internal Revenue Code of 1986 is tutions, and civic groups; electronic information equipment which are amended by striking ‘‘or’’ at the end of para- Whereas the character of a nation is only used to enable an individual to telework. graph (7), by striking the period at the end of as strong as the character of its individual ‘‘(4) TELEWORK.—The term ‘telework’ paragraph (8) and inserting ‘‘, or’’, and by citizens; means to perform work functions, using elec- adding at the end the following new para- Whereas the public good is advanced when tronic information and communication tech- graph: young people are taught the importance of nologies, thereby reducing or eliminating ‘‘(9) qualified employer-provided computer good character and the positive effects that the physical commute to and from the tradi- equipment fringe.’’. good character can have in personal relation- tional work site. (b) QUALIFIED EMPLOYER-PROVIDED COM- ships, in school, and in the workplace; ‘‘(d) LIMITATION BASED ON AMOUNT OF PUTER EQUIPMENT FRINGE.—Section 132 of Whereas scholars and educators agree that TAX.— such Code is amended by redesignating sub- people do not automatically develop good ‘‘(1) LIABILITY FOR TAX.—The credit allow- section (o) as subsection (p) and by inserting character and that, therefore, conscientious able under subsection (a) for any taxable after subsection (n) the following new sub- efforts must be made by institutions and in- year shall not exceed the excess (if any) of— section: dividuals that influence youth, to help young ‘‘(A) the regular tax for the taxable year, ‘‘(o) QUALIFIED EMPLOYER-PROVIDED COM- people develop the essential traits and char- reduced by the sum of the credits allowable PUTER EQUIPMENT FRINGE.—For purposes of acteristics that comprise good character; under subpart A and the preceding sections this section— Whereas, although character development of this subpart, over ‘‘(1) IN GENERAL.—The term ‘qualified em- is, first and foremost, an obligation of fami- ‘‘(B) the tentative minimum tax for the ployer-provided computer equipment fringe’ lies, the efforts of faith communities, taxable year. means any computer and related equipment schools, and youth, civic, and human service ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.—If and services provided to an employee by an organizations also play an important role in the amount of the credit allowable under employer if— fostering and promoting good character; subsection (a) for any taxable year exceeds ‘‘(A) such computer and related equipment Whereas Congress encourages students, the limitation under paragraph (1) for the and services are necessary for the employee teachers, parents, youth, and community taxable year, the excess shall be carried to to perform work for the employer from the leaders to recognize the importance of char- the succeeding taxable year and added to the employee’s home, and acter education in preparing young people to amount allowable as a credit under sub- ‘‘(B) the employee makes substantial busi- play a role in determining the future of the section (a) for such succeeding taxable year. ness use of the equipment in the performance Nation; ‘‘(e) SPECIAL RULES.— of work for the employer. Whereas effective character education is ‘‘(1) BASIS REDUCTION.—The basis of any ‘‘(2) SUBSTANTIAL USE.—For purposes of based on core ethical values, which form the property for which a credit is allowable paragraph (1), the term ‘substantial business foundation of democratic society; under subsection (a) shall be reduced by the use’ includes standby use for periods when Whereas examples of character are trust- amount of such credit (determined without work from home may be required by the em- worthiness, respect, responsibility, fairness, regard to subsection (d)). ployer such as during work closures caused caring, citizenship, and honesty; ‘‘(2) RECAPTURE.—The Secretary shall, by by the threat of terrorism, inclement weath- Whereas elements of character transcend regulations, provide for recapturing the ben- er, or natural disasters.’’. cultural, religious, and socioeconomic dif- efit of any credit allowable under subsection (c) EFFECTIVE DATE.—The amendments ferences; (a) with respect to any property which ceases made by this section shall apply to taxable Whereas the character and conduct of our to be property eligible for such credit. years beginning after December 31, 2005. youth reflect the character and conduct of ‘‘(3) PROPERTY USED OUTSIDE UNITED STATES SEC. 303. SENSE OF CONGRESS. society, and, therefore, every adult has the NOT QUALIFIED.—No credit shall be allowed It is the sense of Congress that Congress responsibility to teach and model ethical under subsection (a) with respect to any and the employees of the legislative branch values and every social institution has the property referred to in section 50(b)(1) or of the Federal Government should— responsibility to promote the development of with respect to the portion of the cost of any (1) conserve gasoline, aviation, and diesel good character; property taken into account under section fuel by whatever means practicable; and Whereas Congress encourages individuals 179. (2) as a part of such conservation efforts, and organizations, especially those who have ‘‘(4) ELECTION TO NOT TAKE CREDIT.—No promote teleworking. an interest in the education and training of credit shall be allowed under subsection (a) the young people of the United States, to for any expense if the taxpayer elects to not f adopt the elements of character as intrinsic have this section apply with respect to such SUBMITTED RESOLUTIONS to the well-being of individuals, commu- expense. nities, and society; ‘‘(5) DENIAL OF DOUBLE BENEFIT.—No deduc- Whereas many schools in the United States tion or credit (other than under this section) SENATE RESOLUTION 271—DESIG- recognize the need, and have taken steps, to shall be allowed under this chapter with re- NATING THE WEEK BEGINNING integrate the values of their communities spect to any expense which is taken into ac- into their teaching activities; and count in determining the credit under this OCTOBER 16, 2005, AS ‘‘NATIONAL Whereas the establishment of National section.’’. CHARACTER COUNTS WEEK’’ Character Counts Week, during which indi- (b) CONFORMING AMENDMENTS.— Mr. DOMENICI (for himself, Mr. (1) Subsection (a) of section 1016 of the In- viduals, families, schools, youth organiza- DODD, Mr. STEVENS, Mr. AKAKA, Mr. ternal Revenue Code of 1986 is amended by tions, religious institutions, civic groups, striking ‘‘and’’ at the end of paragraph (36), WARNER, Ms. LANDRIEU, Mr. DEWINE, and other organizations would focus on char- by striking the period at the end of para- Mr. LIEBERMAN, Mr. VOINOVICH, Mr. acter education, would be of great benefit to graph (37) and inserting ‘‘, and’’, and by add- JOHNSON, Mr. ENZI, Mr. KERRY, Mr. the Nation: Now, therefore, be it ing at the end the following new paragraph: COCHRAN, Mr. LEVIN, Mr. LOTT, Mr. Resolved, That the Senate—

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.051 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11327 (1) designates the week beginning October age to do the right thing. Build a good Earlier this week I was in Con- 16, 2005, as ‘‘National Character Counts reputation. Be loyal—stand by your necticut attending an event that hon- Week’’; and family, friends and country. ored the fundamentals of character (2) calls upon the people of the United Respect: Treat others with respect; education, especially those of caring, States and interested groups to— follow the Golden Rule. Be tolerant of (A) embrace the elements of character responsibility and citizenship. In re- identified by local schools and communities, differences. Use good manners, not bad sponse to the devastation caused by such as trustworthiness, respect, responsi- language. Be considerate of the feel- the tsunami last December, Con- bility, fairness, caring, and citizenship; and ings of others. Don’t threaten, hit or necticut schoolchildren across the (B) observe the week with appropriate hurt anyone. Deal peacefully with State came together to raise money for ceremonies, programs, and activities. anger, insults and disagreements. tsunami relief. Collectively, 350 schools Mr. DOMENICI. Mr. President, I rise Responsibility: Do what you are sup- rose over $300,000 in hopes of building a today with my friend Senator DODD to posed to do. Persevere: keep on trying. school in Sri Lanka. Knowing that it introduce a resolution regarding Na- Always do your best. Use self-control. would take approximately a half mil- tional Character Counts Week. Our res- Be self-disciplined. Think before you lion dollars to rebuild one, the students olution says the week of October 16 act—consider the consequences. Be ac- also worked to find a nonprofit willing through 22 of this year will be known countable for your choices. to match their donation. They did. The across the country as National Char- Fairness: Play by the rules. Take Brother’s Brother Foundation, a non- acter Counts Week. turns and share. Be open-minded; listen profit that seeks to improve inter- I have risen many times on this Sen- to others. Don’t take advantage of oth- national health and education, brought ate floor to speak about the impor- ers. Don’t blame others carelessly. the final contribution amount to Caring: Be kind. Be compassionate tance of character in our everyday $600,000. lives. Over this past year, there have and show you care. Express gratitude. These collective dollars will be used been many instances when our indi- Forgive others. Help people in need. to build a 1,500–pupil school consisting Citizenship: Do your share to make vidual and our country’s character of four buildings, including science and your school and community better. Co- have been challenged. These situations computer labs, in Sri Lanka. But that’s operate. Get involved in community af- have compelled us to evaluate our core not all. Dedicated to their cause, these fairs. Stay informed; vote. Be a good beliefs, our ethics, but most of all our students plan to continue to donate neighbor. Obey laws and rules. Respect character. I ask that everyone take money for the next five years to fill the authority. Protect the environment. some time during October 16–22 to stop The bottom line is that I believe the Sri Lankan students’ library with and reflect upon their individual core Character Counts program is working books and to make sure that they have character beliefs. in New Mexico and other parts of the necessary school supplies. Since the The Character Counts program iden- country. Today, we salute the efforts initial fundraising effort, these same tifies the following values as the Six already underway and encourage even students have begun collecting small Pillars of Character. They are: trust- more character education across our change and checks for Katrina relief ef- worthiness, respect, responsibility, country. forts. These efforts, efforts to help stu- fairness, caring, and citizenship. Char- So today, Senator DODD and I are dents, hundreds and some times hun- acter Counts includes support from here to introduce a resolution to ac- dreds of thousands of miles away, dem- forty States and 500 municipalities, complish just that and hopefully our onstrate character at its best. school districts, and business groups. renewed effort will bring together even Schools across the country that have But not only is this program pro- more communities to ensure that char- adopted formal character education moting the six tenants nationwide, it acter education is a part of every programs report better student per- is becoming utilized on an inter- child’s life. formance, fewer discipline problems, national level as well. Last year in I hope that my colleagues will sup- and increased student involvement 2004, celebrations for Character Counts port this effort. within the community. Children want Week included Bangkok, Thailand; Mr. DODD. Mr. President, today I direction—they want to be taught Busan, Korea; and Cholutecta, Hon- join my friend and colleague from New right from wrong. The American public duras. Mexico, Senator DOMENICI, in submit- wants character education in our Since my initial involvement with ting a resolution declaring the week of schools, too. Studies show that about Character Counts in 1993, I have always October 16th ‘‘National Character 90 percent of Americans support had a specific interest in the programs Counts Week.’’ Senator DOMENICI and I schools teaching character education. run in my home State of New Mexico, have worked together for many years As all education policy should be, especially how these programs have in- on the issue of character education and character education is bi-partisan. This fluenced students. From its start in Al- hope that by designating a special year we have 26 cosponsors to our reso- buquerque, it has expanded statewide week to this cause, students and teach- lution, cosponsors on both sides of the to areas such as Grants, Shiprock, ers will come together to participate in aisle. Character education not only Roswell, Laguna, Portales, Farm- character building activities in their cultivates minds, it nurtures hearts. ington, Carlsbad, Ramah, and Los Ala- schools. In 1994, Senator DOMENICI and While our children may be one-quarter mos. I am proud to say that many of I established the Partnerships in Char- of our population, they are 100 percent the staffers in my personal office are acter Education Pilot Project and have of our future. graduates of the initial chartering pro- worked regularly since then to com- Mr. BURNS. Mr. President, I rise gram of Character Counts New Mexico. memorate National Character Counts today in support of a resolution offered It is extremely rewarding to hear how Week. I am pleased that we are con- by my colleague from New Mexico, this program impacted their lives tinuing our efforts today to help ex- Senator PETE DOMENICI. For many growing up and I look forward to con- pand States’ and schools’ abilities to years, I have supported his efforts to tinual development of this program not make character education a central identify a week in October as National only in my home State but nationally part of every child’s education. Character Counts Week. The important and internationally. Our schools may be built with the aspect of this legislation is its focus on I believe we can all learn a lot from bricks of English, math and science, children. Children growing up in these the Character Counts program. While but character education certainly is times often face much more difficult the Character Counts program specifi- the mortar. Character education means experiences and must mature more cally focuses on youth, I would like to teaching students about such qualities quickly than when I was young. One of share some of the simple lessons that as caring, citizenship, fairness, respect, fastest growing problems in Montana is are taught under the Six Pillars of responsibility, trustworthiness, and the rate of methamphetamine use and Character. These words might be sim- other qualities that their community addiction by teens. All it takes is one ple but they speak with magnitude. values. It isn’t a separate subject, but try—teens get hooked trying to recre- Trustworthiness: Be honest. Don’t part of a seamless garment of learning ate that first rush. It is vitally impor- deceive, cheat or steal. Be reliable—do providing students with a context tant to encourage young people to have what you say you’ll do. Have the cour- within which to learn. positive role models in their lives in

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.052 S07OCPT1 S11328 CONGRESSIONAL RECORD — SENATE October 7, 2005 order to develop a strong, positive American woman, and only the fifth woman, the United States have no place to go after character to avoid the temptation to appointed and confirmed for a Federal judge- school; and try meth or engage in other dangerous ship; Whereas many after school programs behaviors. I urge my colleagues to sup- Whereas in 1982, Constance Baker Motley across the United States are struggling to was elevated to Chief Judge of the United keep their doors open and their lights on: port this resolution, and I thank Sen- States District Court for the Southern Dis- Now, therefore, be it ator DOMENICI for his leadership. trict of New York, the largest Federal trial Resolved by the Senate (the House of Rep- f court in the United States; resentatives concurring), That Congress sup- Whereas Constance Baker Motley assumed ports the goals and ideals of ‘‘Lights On SENATE RESOLUTION 272—RECOG- senior status in 1986, and continued serving Afterschool!’’ a national celebration of after NIZING AND HONORING THE LIFE with distinction for the next 2 decades; and school programs. AND ACHIEVEMENTS OF CON- Whereas Constance Baker Motley passed f away on September 28, 2005, and is survived STANCE BAKER MOTLEY, A AMENDMENTS SUBMITTED AND JUDGE FOR THE UNITED STATES by her husband Joel Wilson Motley Jr., their son, Joel Motley III, her 3 grandchildren, her PROPOSED DISTRICT COURT, SOUTHERN brother, Edmund Baker of Florida, and her DISTRICT OF NEW YORK SA 2056. Mr. LEVIN submitted an amend- sisters Edna Carnegie, Eunice Royster, and ment intended to be proposed by him to the Mr. SCHUMER (for himself, Mr. Marian Green, of New Haven, Connecticut: bill S. 1858, to provide for community dis- SPECTER, Mrs. CLINTON, Mr. OBAMA, Mr. Now, therefore, be it aster loans; which was ordered to lie on the Resolved, That the Senate— BAYH, Ms. MIKULSKI, Mr. PRYOR, Mr. table. (1) extends its heartfelt sympathy to the SA 2057. Mr. STEVENS (for Mr. INHOFE) BINGAMAN, Mr. WYDEN, Mr. DEWINE, family and friends of Constance Baker Mot- proposed an amendment to the bill H.R. 3765, Mr. HARKIN, Ms. STABENOW, Mr. ley on the occasion of her passing; and to extend through March 31, 2006 the author- CORZINE, Mr. DURBIN, Mr. KENNEDY, Mr. (2) commends Constance Baker Motley ity of the Secretary of the Army to accept LEAHY, Mr. HATCH, Mr. CRAPO, Mr. for— and expend funds contributed by non-Federal LAUTENBERG, Mr. COCHRAN, Mr. COLE- (A) her 39-year tenure on the United States public entities and to expedite the proc- MAN, Mr. HAGEL, Mr. SALAZAR, Mr. District Court for the Southern District of essing of permits. LIEBERMAN, Mrs. FEINSTEIN, Mr. REID, New York; and SA 2058. Mr. STEVENS (for Mr. INHOFE) (B) her lifelong commitment to the ad- proposed an amendment to the bill H.R. 3765, and Mr. KERRY) submitted the fol- vancement of civil rights and social justice. supra. lowing resolution; which was consid- f SA 2059. Mr. STEVENS (for Mr. GRASSLEY) ered and agreed to: proposed an amendment to the bill H.R. 3971, S. RES. 272 SENATE CONCURRENT RESOLU- An act to provide assistance to individuals Whereas Constance Baker Motley was born TION 58—SUPPORTING ‘‘LIGHTS and States affected by Hurricane Katrina. in 1921, in New Haven, Connecticut, the ON AFTERSCHOOL’’, A NATIONAL f daughter of immigrants from the Caribbean CELEBRATION OF AFTER TEXT OF AMENDMENTS island of Nevis; SCHOOL PROGRAMS Whereas in 1943, Constance Baker Motley SA 2056. Mr. LEVIN submitted an graduated from New York University with a Mr. DODD (for himself, Mr. ENSIGN, amendment intended to be proposed by Bachelor of Arts degree in economics; Mrs. BOXER, Ms. COLLINS, Mr. AKAKA, him to the bill S. 1858, to provide for Whereas, upon receiving a law degree from Mr. BURNS, Mr. BURR, Ms. CANTWELL, community disaster loans; which was Columbia University in 1946, Constance Mr. CARPER, Mrs. CLINTON, Mr. CORNYN, ordered to lie on the table; as follows: Baker Motley became a staff attorney at the Mr. CORZINE, Mr. DAYTON, Mr. DURBIN, On page 2, line 10, insert before the : ‘‘Only National Association for the Advancement of Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. Colored People Legal Defense and Edu- with the approval of Congress’’ KERRY, Mr. KOHL, Ms. LANDRIEU, Mr. On page 2, line 10, strike out ‘‘not’’ cational Fund, Inc., and fought tirelessly for LAUTENBERG, Mr. LEVIN, Mr. 2 decades alongside Thurgood Marshall and SA 2057. Mr. STEVENS (for Mr. other leading civil rights lawyers to dis- LIEBERMAN, Ms. MIKULSKI, Ms. MUR- INHOFE) proposed an amendment to the mantle segregation throughout the country; KOWSKI, Mrs. MURRAY, Mr. NELSON of Whereas Constance Baker Motley was the Nebraska, Mr. REID, Mr. SALAZAR, Ms. bill H.R. 3765, to extend through March only female attorney on the legal team that SNOWE, Mr. SPECTER, and Ms. 31, 2006, the authority of the Secretary won the landmark desegregation case, Brown STABENOW) submitted the following of the Army to accept and expend funds v. Board of Education; concurrent resolution; which was re- contributed by non-Federal public enti- Whereas Constance Baker Motley argued 10 ferred to the Committee on Health, ties and to expedite the processing of major civil rights cases before the Supreme Education, Labor, and Pensions: permits’’; as follows: Court, winning all but one, including the S. CON. RES. 58 On page 2, line 10, strike ‘‘December 31, case brought on behalf of James Meredith 2007’’ and insert ‘‘March 31, 2006’’. challenging the University of Mississippi’s Whereas high quality after school pro- refusal to admit him; grams provide safe, challenging, engaging, SA 2058. Mr. STEVENS (for Mr. Whereas Constance Baker Motley’s only and fun learning experiences to help children INHOFE) proposed an amendment to the loss before the United States Supreme Court and youth develop their social, emotional, bill H.R. 3765, to extend through March was in Swain v. Alabama, a case in which the physical, cultural, and academic skills; Court refused to proscribe race-based pe- Whereas high quality after school pro- 31, 2006, the authority of the Secretary remptory challenges in cases involving Afri- grams support working families by ensuring of the Army to accept and expend funds can-American defendants and which was that the children in such families are safe contributed by non-Federal public enti- later reversed in Batson v. Kentucky on and productive after the regular school day ties and to expedite the processing of grounds that had been largely asserted by ends; permits; as follows: Constance Baker Motley in the Swain case; Whereas high quality after school pro- Amend the title so as to read: ‘‘To extend Whereas in 1964, Constance Baker Motley grams build stronger communities by involv- through March 31, 2006, the authority of the became the first African-American woman ing the Nation’s students, parents, business Secretary of the Army to accept and expend elected to the New York State Senate; leaders, and adult volunteers in the lives of funds contributed by non-Federal public en- Whereas in 1965, Constance Baker Motley the Nation’s youth, thereby promoting posi- tities and to expedite the processing of became the first African-American woman, tive relationships among children, youth, permits.’’. and the first woman, to serve as president of families, and adults; the Borough of Manhattan; Whereas high quality after school pro- SA 2059. Mr. STEVENS (for Mr. Whereas Constance Baker Motley, in her grams engage families, schools, and diverse GRASSLEY) proposed an amendment to capacity as an elected public official in New community partners in advancing the well- the bill H.R. 3971, An act to provide as- York, continued to fight for civil rights, being of the Nation’s children; sistance to individuals and States af- dedicating herself to the revitalization of the Whereas ‘‘Lights On Afterschool!’’, a na- inner city and improvement of urban public tional celebration of after school programs fected by Hurricane Katrina; as fol- schools and housing; held on October 20, 2005, promotes the crit- lows: Whereas in 1966, Constance Baker Motley ical importance of high quality after school Strike all after the enacting clause and in- was appointed by President Johnson as a programs in the lives of children, their fami- sert the following: United States District Court Judge for the lies, and their communities; SECTION 1. SHORT TITLE. Southern District of New York; Whereas more than 28,000,000 children in This Act may be cited as the ‘‘Medicare Whereas the appointment of Constance the United States have parents who work Cost-Sharing and Welfare Extension Act of Baker Motley made her the first African- outside the home and 14,300,000 children in 2005’’.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.082 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11329 SEC. 2. EXTENSION OF QI PROGRAM THROUGH (b) RESTRICTION UNDER MEDICAID.— The PRESIDING OFFICER. Without SEPTEMBER 2006. (1) IN GENERAL.—Section 1927(d)(2) of the objection, it is so ordered. (a) IN GENERAL.—Section 1902(a)(10)(E)(iv) Social Security Act (42 U.S.C. 1396r–8(d)(2)) is of the Social Security Act (42 U.S.C. amended by adding at the end the following f 1396a(a)(10)(E)(iv)) is amended by striking new subparagraph: NOTICE: REGISTRATION OF MASS ‘‘September 2005’’ and inserting ‘‘September ‘‘(K) Agents when used to treat sexual or MAILINGS 2006’’. erectile dysfunction, except that such exclu- (b) TOTAL AMOUNT AVAILABLE FOR ALLOCA- sion or other restriction shall not apply in The filing date for 2005 third quarter TION.—Section 1933(g) of such Act (42 U.S.C. the case of such agents when used to treat a mass mailings is Tuesday, October 25, 1396u–3(g)) is amended— condition, other than sexual or erectile dys- 2005. If your office did no mass mailings (1) in paragraph (2)— function, for which the agent has been ap- during this period, please submit a (A) by striking ‘‘and’’ at the end of sub- proved by the Food and Drug Administra- form that states ‘‘none.’’ paragraph (B); tion.’’. Mass mailing registrations, or nega- (B) by striking the period at the end of (2) EFFECTIVE DATE.—The amendment subparagraph (C) and inserting ‘‘; and’’; and made by this subsection shall apply to drugs tive reports, should be submitted to (C) by adding at the end the following new dispensed on or after the date that is 60 days the Senate Office of Public Records, 232 subparagraphs: after the date of enactment of this Act. Hart Building, Washington, D. C. 20510- ‘‘(D) for the period that begins on October f 7116. 1, 2005, and ends on December 31, 2005, the The Public Records office will be total allocation amount is $100,000,000; and NOTICES OF HEARINGS/MEETINGS open from 9:00 a.m. to 5:30 p.m. on the ‘‘(E) for the period that begins on January COMMITTEE ON ENERGY AND NATURAL 1, 2006, and ends on September 30, 2006, the filing date to accept these filings. For RESOURCES total allocation amount is $300,000,000.’’; and further information, please contact the (2) in paragraph (3), in the matter pre- Mr. DOMENICI. Mr. President, I Public Records office at (202) 224–0322. would like to announce for the infor- ceding subparagraph (A), by inserting ‘‘or f (D)’’ after ‘‘subparagraph (B)’’. mation of the Senate and the public (c) EFFECTIVE DATE.—The amendments that a hearing has been scheduled be- UNANIMOUS CONSENT—H.R. 3058 made by this section shall be effective as of fore the Committee on Energy and Nat- Mr. STEVENS. Mr. President, I ask September 30, 2005. ural Resources. unanimous consent that at a time to be SEC. 3. EXTENSION OF THE TEMPORARY ASSIST- The hearing will be held on Thurs- determined by the majority leader in ANCE FOR NEEDY FAMILIES BLOCK day, October 20, 2005 at 2:30 p.m. in GRANT PROGRAM, TRANSITIONAL consultation with the Democratic lead- Room SD–366 of the Dirksen Senate Of- MEDICAL ASSISTANCE, AND RE- er, on Monday, October 17, the Senate fice Building. LATED PROGRAMS THROUGH proceed to the immediate consider- MARCH 31, 2006. The purpose of the hearing is receive ation of Calendar No. 175, H.R. 3058, the (a) IN GENERAL.—Activities authorized by testimony on S. 1016, to direct the Sec- part A of title IV of the Social Security Act, retary of Energy to make incentive Transportation-Treasury appropria- and by sections 510, 1108(b), and 1925 of such payments to the owners or operators of tions bill. Act, shall continue through March 31, 2006, qualified desalination facilities to par- The PRESIDING OFFICER. Without in the manner authorized for fiscal year 2005, objection, it is so ordered. notwithstanding section 1902(e)(1)(A) of such tially offset the cost of electrical en- Act, and out of any money in the Treasury of ergy required to operate the facilities, f the United States not otherwise appro- and for other purposes; and S. 1860, to SOCIAL SERVICES EMERGENCY amend the Energy Policy Act of 2005 to priated, there are hereby appropriated such RELIEF AND RECOVERY ACT sums as may be necessary for such purpose. improve energy production and reduce Grants and payments may be made pursuant energy demand through improved use Mr. STEVENS. Mr. President, I ask to this authority through the second quarter of reclaimed waters, and for other pur- unanimous consent that the Senate of fiscal year 2006 at the level provided for poses. proceed to the immediate consider- such activities through the second quarter of Because of the limited time available ation of H.R. 3971, which was received fiscal year 2005. for the hearing, witnesses may testify from the House. (b) CONFORMING AMENDMENT.—Section 403(a)(3)(H)(ii) of the Social Security Act (42 by invitation only. However, those The PRESIDING OFFICER. The U.S.C. 603(a)(3)(H)(ii)), as amended by section wishing to submit written testimony clerk will report the bill by title. 2(b)(2)(A) of the TANF Emergency Response for the hearing record should send two The assistant legislative clerk read and Recovery Act of 2005 (Public Law 109–68), copies of their testimony to the Com- as follows: is amended by striking ‘‘December 31, 2005’’ mittee on Energy and Natural Re- A bill (H.R. 3971) to provide assistance to and inserting ‘‘March 31, 2006’’. sources, United States Senate, Wash- individuals and States affected by Hurricane (c) EXTENSION OF THE NATIONAL RANDOM ington, DC 20510–6150. Katrina. SAMPLE STUDY OF CHILD WELFARE AND CHILD For further information, please con- There being no objection, the Senate WELFARE WAIVER AUTHORITY THROUGH tact Nate Gentry (202) 224–2179 or Steve MARCH 31, 2006.—Activities authorized by proceeded to consider the bill. sections 429A and 1130(a) of the Social Secu- Waskiewicz at (202) 228–6195. Mr. STEVENS. I ask unanimous con- rity Act shall continue through March 31, f sent that the substitute amendment at 2006, in the manner authorized for fiscal year AUTHORITY FOR COMMITTEES TO the desk be agreed to, the bill, as 2005, and out of any money in the Treasury MEET amended, be read a third time and of the United States not otherwise appro- passed, the motion to reconsider be priated, there are hereby appropriated such COMMITTEE ON HOMELAND SECURITY AND laid on the table, and any statements sums as may be necessary for such purpose. GOVERNMENTAL AFFAIRS be printed in the RECORD. Grants and payments may be made pursuant Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. Without to this authority through the second quarter unanimous consent that the Com- of fiscal year 2006 at the level provided for mittee on Homeland Security and Gov- objection, it is so ordered. such activities through the second quarter of ernmental Affairs be authorized to The amendment (No. 2059) was agreed fiscal year 2005. meet on Friday, October 7, 2005, at 10 to, as follows: SEC. 4. RESTRICTION ON COVERED DRUGS AMENDMENT NO. 2059 UNDER THE MEDICAID AND MEDI- a.m. to hold a business meeting to con- CARE PROGRAMS. sider pending committee business. Strike all after the enacting clause and in- sert the following: (a) EXCLUSION UNDER MEDICARE BEGINNING Agenda IN 2007.—Section 1860D–2(e)(2)(A) of the So- SECTION 1. SHORT TITLE. cial Security Act (42 U.S.C. 1395w– Nomination This Act may be cited as the ‘‘Medicare Cost-Sharing and Welfare Extension Act of 102(e)(2)(A)) is amended by inserting ‘‘and, 1. Julie L. Myers to be Assistant Sec- only with respect to 2006, other than sub- 2005’’. retary, U.S. Department of Homeland paragraph (K) (relating to agents when used SEC. 2. EXTENSION OF QI PROGRAM THROUGH to treat sexual or erectile dysfunction, un- Security. SEPTEMBER 2006. less such agents are used to treat a condi- Legislation (a) IN GENERAL.—Section 1902(a)(10)(E)(iv) tion, other than sexual or erectile dysfunc- of the Social Security Act (42 U.S.C. tion, for which the agent has been approved 1. S. , an original bill to repeal 1396a(a)(10)(E)(iv)) is amended by striking by the Food and Drug Administration)’’ after the increased micro-purchase thresh- ‘‘September 2005’’ and inserting ‘‘September ‘‘agents)’’. old. 2006’’.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.059 S07OCPT1 S11330 CONGRESSIONAL RECORD — SENATE October 7, 2005

(b) TOTAL AMOUNT AVAILABLE FOR ALLOCA- sion or other restriction shall not apply in DEPARTMENT OF COMMERCE TION.—Section 1933(g) of such Act (42 U.S.C. the case of such agents when used to treat a Israel Hernandez, of Texas, to be Assistant 1396u–3(g)) is amended— condition, other than sexual or erectile dys- Secretary of Commerce and Director General (1) in paragraph (2)— function, for which the agent has been ap- of the United States and Foreign Commer- (A) by striking ‘‘and’’ at the end of sub- proved by the Food and Drug Administra- cial Service. paragraph (B); tion.’’. Darryl W. Jackson, of the District of Co- (B) by striking the period at the end of (2) EFFECTIVE DATE.—The amendment lumbia, to be an Assistant Secretary of Com- subparagraph (C) and inserting ‘‘; and’’; and made by this subsection shall apply to drugs merce. (C) by adding at the end the following new dispensed on or after the date that is 60 days DEPARTMENT OF THE TREASURY subparagraphs: after the date of enactment of this Act. ‘‘(D) for the period that begins on October The bill (H.R. 3971), as amended, was Emil W. Henry, Jr., of New York, to be an 1, 2005, and ends on December 31, 2005, the read the third time and passed. Assistant Secretary of the Treasury. total allocation amount is $100,000,000; and DEPARTMENT OF STATE f ‘‘(E) for the period that begins on January Thomas A. Shannon, Jr., of Virginia, a Ca- 1, 2006, and ends on September 30, 2006, the EXECUTIVE SESSION reer Member of the Senior Foreign Service, total allocation amount is $300,000,000.’’; and Class of Minister-Counselor, to be an Assist- (2) in paragraph (3), in the matter pre- ant Secretary of State (Western Hemisphere ceding subparagraph (A), by inserting ‘‘or EXECUTIVE CALENDAR Affairs). (D)’’ after ‘‘subparagraph (B)’’. Mr. STEVENS. Mr. President, I ask INTER-AMERICAN DEVELOPMENT BANK (c) EFFECTIVE DATE.—The amendments made by this section shall be effective as of unanimous consent that the Senate im- Jan E. Boyer, of Texas, to be United States September 30, 2005. mediately proceed to executive session Alternate Executive Director of the Inter- SEC. 3. EXTENSION OF THE TEMPORARY ASSIST- to consider the following nominations American Development Bank. ANCE FOR NEEDY FAMILIES BLOCK on today’s Executive Calendar: Cal- OVERSEAS PRIVATE INVESTMENT CORPORATION GRANT PROGRAM, TRANSITIONAL endar Nos. 312, 313, 314, 315, 316, 338, 339, Robert A. Mosbacher, of Texas, to be Presi- MEDICAL ASSISTANCE, AND RE- 340, 341, 342, 343, 344, 345, 346, 347, 348, LATED PROGRAMS THROUGH dent of the Overseas Private Investment Cor- MARCH 31, 2006. 349, 350, 351, 352, 353, 354, 355, 356, 357, poration. (a) IN GENERAL.—Activities authorized by 358, 359, 360, 361, 362, 363, 364, 366, 367, MILLENNIUM CHALLENGE CORPORATION part A of title IV of the Social Security Act, 368, 369, and all nominations on the John J. Danilovich, of California, to be and by sections 510, 1108(b), and 1925 of such Secretary’s desk. Chief Executive Officer, Millennium Chal- Act, shall continue through March 31, 2006, I further ask unanimous consent that lenge Corporation. in the manner authorized for fiscal year 2005, the nominations be confirmed en bloc, DEPARTMENT OF STATE notwithstanding section 1902(e)(1)(A) of such the motions to reconsider be laid upon Act, and out of any money in the Treasury of Josette Sheeran Shiner, of Virginia, to be the table, the President be imme- United States Alternate Governor of the the United States not otherwise appro- diately notified of the Senate’s action, priated, there are hereby appropriated such International Bank for Reconstruction and sums as may be necessary for such purpose. and the Senate then return to legisla- Development for a term of five years; United Grants and payments may be made pursuant tive session. States Alternate Governor of the Inter- to this authority through the second quarter The PRESIDING OFFICER. Without American Development Bank for a term of of fiscal year 2006 at the level provided for objection, it is so ordered. five years; United States Alternate Governor such activities through the second quarter of The nominations considered and con- of the African Development Bank for a term fiscal year 2005. firmed are as follows: of five years; United States Alternate Gov- ernor of the African Development Fund; (b) CONFORMING AMENDMENT.—Section DEPARTMENT OF JUSTICE 403(a)(3)(H)(ii) of the Social Security Act (42 United States Alternate Governor of the Kenneth L. Wainstein, of Virginia, to be Asian Development Bank; and United States U.S.C. 603(a)(3)(H)(ii)), as amended by section United States Attorney for the District of 2(b)(2)(A) of the TANF Emergency Response Alternate Governor of the European Bank Columbia for the term of four years, Howard, for Reconstruction and Development. and Recovery Act of 2005 (Public Law 109–68), Jr., resigned. is amended by striking ‘‘December 31, 2005’’ UNITED STATES AGENCY FOR INTERNATIONAL THE JUDICIARY and inserting ‘‘March 31, 2006’’. DEVELOPMENT Juliet JoAnn McKenna, of the District of (c) EXTENSION OF THE NATIONAL RANDOM Kent R. Hill, of Virginia, to be an Assist- SAMPLE STUDY OF CHILD WELFARE AND CHILD Columbia, to be an Associate Judge of the Superior Court of the District of Columbia ant Administrator of the United States WELFARE WAIVER AUTHORITY THROUGH Agency for International Development. MARCH 31, 2006.—Activities authorized by for the term of fifteen years. John R. Fisher, of the District of Colum- Jacqueline Ellen Schafer, of the District of sections 429A and 1130(a) of the Social Secu- Columbia, to be an Assistant Administrator rity Act shall continue through March 31, bia, to be an Associate Judge of the District of Columbia Court of Appeals for the term of of the United States Agency for Inter- 2006, in the manner authorized for fiscal year national Development. 2005, and out of any money in the Treasury fifteen years. of the United States not otherwise appro- FEDERAL LABOR RELATIONS AUTHORITY DEPARTMENT OF STATE priated, there are hereby appropriated such Colleen Duffy Kiko, of Virginia, to be Gen- John Hillen, of Virginia, to be an Assistant sums as may be necessary for such purpose. eral Counsel of the Federal Labor Relations Secretary of State (Political-Military Af- Grants and payments may be made pursuant Authority for a term of five years. fairs), vice Lincoln P. Bloomfield, Jr., re- to this authority through the second quarter DEPARTMENT OF HOMELAND SECURITY signed. of fiscal year 2006 at the level provided for Stewart A. Baker, of Virginia, to be an As- Barry F. Lowenkron, of Virginia, to be As- such activities through the second quarter of sistant Secretary of Homeland Security. sistant Secretary of State for Democracy, fiscal year 2005. Human Rights, and Labor. DEPARTMENT OF HOUSING AND URBAN SEC. 4. RESTRICTION ON COVERED DRUGS DEVELOPMENT AFRICAN DEVELOPMENT FOUNDATION UNDER THE MEDICAID AND MEDI- Jendayi Elizabeth Frazer, Assistant Sec- CARE PROGRAMS. Kim Kendrick, of the District of Columbia, retary of State (African Affairs), to be a (a) EXCLUSION UNDER MEDICARE BEGINNING to be an Assistant Secretary of Housing and Member of the Board of Directors of the Afri- IN 2007.—Section 1860D–2(e)(2)(A) of the So- Urban Development. can Development Foundation for the remain- cial Security Act (42 U.S.C. 1395w– Keith A. Nelson, of Texas, to be an Assist- der of the term expiring September 27, 2009. 102(e)(2)(A)) is amended by inserting ‘‘and, ant Secretary of Housing and Urban Develop- only with respect to 2006, other than sub- ment. DEPARTMENT OF STATE Darlene F. Williams, of Texas, to be an As- paragraph (K) (relating to agents when used Francis Rooney, of Florida, to be Ambas- sistant Secretary of Housing and Urban De- to treat sexual or erectile dysfunction, un- sador Extraordinary and Plenipotentiary of velopment. less such agents are used to treat a condi- Keith E. Gottfried, of California, to be the United States of America to the Holy tion, other than sexual or erectile dysfunc- General Counsel of the Department of Hous- See. tion, for which the agent has been approved ing and Urban Development. Alfred Hoffman, of Florida, to be Ambas- by the Food and Drug Administration)’’ after sador Extraordinary and Plenipotentiary of DEPARTMENT OF COMMERCE ‘‘agents)’’. the United States of America to the Republic (b) RESTRICTION UNDER MEDICAID.— David H. McCormick, of Pennsylvania, to of Portugal. (1) IN GENERAL.—Section 1927(d)(2) of the be Under Secretary of Commerce for Export Charles A. Ford, of Virginia, a Career Social Security Act (42 U.S.C. 1396r–8(d)(2)) is Administration. Member of the Senior Foreign Service, Class amended by adding at the end the following DEPARTMENT OF THE TREASURY of Career Minister, to be Ambassador Ex- new subparagraph: Patrick M. O’Brien, of Minnesota, to be As- traordinary and Plenipotentiary of the ‘‘(K) Agents when used to treat sexual or sistant Secretary for Terrorist Financing, United States of America to the Republic of erectile dysfunction, except that such exclu- Department of the Treasury. Honduras.

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.062 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11331 Mark Langdale, of Texas, to be Ambas- among other matters. Yet when asked UNANIMOUS CONSENT AGREE- sador Extraordinary and Plenipotentiary of at his hearing if he had emergency re- MENT—ADJOURNMENT RESOLU- the United States of America to the Republic sponse experience, he said ‘‘no.’’ He TION of Costa Rica. also admitted to having little expertise Brenda LaGrange Johnson, of New York, to Mr. STEVENS. Mr. President, I ask be Ambassador Extraordinary and Pleni- on immigration issues. unanimous consent that notwith- potentiary of the United States of America While no one could be expected to be standing the adjournment of the Sen- to Jamaica. an expert on all of the issues addressed ate, when the Senate receives from the Alexander R. Vershbow, of the District of by DHS, it makes little sense to me to House the adjournment resolution, the Columbia, a Career Member of the Senior appoint a person with no emergency re- text of which is at the desk, the con- Foreign Service, Class of Career Minister, to sponse experience to be the central be Ambassador Extraordinary and Pleni- current resolution be considered agreed player on lessons learned from Katrina, to and the motion to reconsider be laid potentiary of the United States of America or to appoint a person with little immi- to the Republic of Korea. upon the table. Patricia Louise Herbold, of Washington, to gration expertise to articulate Federal The PRESIDING OFFICER. Without be Ambassador Extraordinary and Pleni- immigration policy, especially when, objection, it is so ordered. potentiary of the United States of America over the next few years, both issues— f to the Republic of Singapore. emergency response and immigration— William Paul McCormick, of Oregon, to be will be so prominent at the Depart- FUTURE STATUS OF KOSOVO Ambassador Extraordinary and Pleni- ment. As we have learned from the Mr. STEVENS. I ask unanimous con- potentiary of the United States of America Katrina disaster, we cannot afford to sent that the Foreign Relations Com- to New Zealand, and serve concurrently and mittee be discharged from further con- without additional compensation as Ambas- have inexperienced people in senior po- sador Extraordinary and Plenipotentiary of sitions at DHS for on-the-job training. sideration and the Senate now proceed the United States of America to Samoa. to consider Senate Resolution 237. f The PRESIDING OFFICER. Without DEPARTMENT OF THE INTERIOR objection, it is so ordered. The clerk H. Dale Hall, of New Mexico, to be Director LEGISLATIVE SESSION of the United States Fish and Wildlife Serv- will report the resolution by title. ice, vice Steven A. Williams, resigned. The PRESIDING OFFICER. Under The assistant legislative clerk read the previous order, the Senate will re- as follows: NUCLEAR REGULATORY COMMISSION turn to legislative session. A resolution (S. Res. 237) expressing the Edward McGaffigan, Jr., of Virginia, to be sense of the Senate on reaching an agree- a Member of the Nuclear Regulatory Com- f ment on the future status of Kosovo. mission for the term of five years expiring June 30, 2010. (Reappointment) There being no objection, the Senate SEQUENTIAL REFERRAL OF proceeded to consider the resolution. ENVIRONMENTAL PROTECTION AGENCY NOMINATION Mr. STEVENS. Mr. President, I ask George M. Gray, of Massachusetts, to be an unanimous consent the Senate resolu- Assistant Administrator of the Environ- Mr. STEVENS. Mr. President, as in mental Protection Agency. executive session, I ask consent that tion be agreed to, the preamble be Lyons Gray, of North Carolina, to be Chief when the Committee on Homeland Se- agreed to, and the motion to reconsider Financial Officer, Environmental Protection curity and Governmental Affairs re- be laid upon the table. Agency. ports the nomination of Julie Myers, The PRESIDING OFFICER. Without NOMINATIONS PLACED ON THE SECRETARY’S the nomination then be sequentially objection, it is so ordered. DESK referred to the Judiciary Committee The resolution (S. Res. 237) was FOREIGN SERVICE for up to 30 calendar days; provided fur- agreed to. The preamble was agreed to. PN796 Foreign Service nomination of Rob- ther that if not reported by that time, ert S. Connan, which was received by the the nomination be automatically dis- The resolution, with its preamble, Senate and appeared in the Congressional charged from the Judiciary Committee reads as follows: Record of July 29, 2005. and placed on the Executive Calendar. S. RES. 237 Mr. LEVIN. Mr. President, I rise to The PRESIDING OFFICER. Without Whereas, on June 10, 1999, the United Na- address the nomination of Stewart objection, it is so ordered. tions Security Council adopted Resolution Baker to be Assistant Secretary for 1244 which authorized the Secretary-General Policy at the Department of Homeland f of the United Nations to establish an interim Security. administration for Kosovo to assume the su- AUTHORIZATION SIGNING preme legal authority in Kosovo with the Last week, when Mr. Baker’s nomi- task of promoting ‘‘substantial autonomy nation came before the Senate Com- Mr. STEVENS. Mr. President, I ask and self-governance’’ in Kosovo and facili- mittee on Homeland Security and Gov- unanimous consent that during the ad- tating a political process to determine the ernmental Affairs, I voted no. That is journment of the Senate, the majority future status of Kosovo; my position today. leader and senior Senator from Vir- Whereas, on December 10, 2003, the United Mr. Baker is an intelligent and ac- ginia be authorized to sign duly en- Nations interim administration, known as complished man, but he does not have rolled bills or joint resolutions. the United Nations Interim Administration the experience necessary to fill this Mission in Kosovo, presented the Standards The PRESIDING OFFICER. Without for Kosovo document which set out the re- important post at this important time. objection, it is so ordered. quirements to be met to advance stability in Mr. Baker is a lawyer with experience Kosovo; in national security, trade, and tech- f Whereas the Standards for Kosovo require nology. He has been widely published the establishment of functioning democratic on topics such as cyber-security and AUTHORIZATION TO MAKE institutions in Kosovo, including providing civil liberties. I understand that he ADJOURNMENT APPOINTMENTS for the holding of elections, establishing the performed capably as the general coun- Mr. STEVENS. Mr. President, I ask Provisional Institutions of Self-Government, sel of the Silverman-Robb Commission unanimous consent that notwith- and establishing media and civil society, the establishment of rule of law to ensure equal on WMD intelligence capabilities. Mr. standing the upcoming recess or ad- access to justice and to implement mecha- Baker might be well qualified for many journment of the Senate, the President nisms to suppress economic and financial positions at DHS, but he is not quali- of the Senate, the President pro tem- crime, and the establishment of freedom of fied to be Assistant Secretary for Pol- pore of the Senate, the majority and movement in Kosovo, including the free use icy. minority leaders be authorized to make of language; During his confirmation hearing be- appointments to commissions, commit- Whereas the Standards for Kosovo further fore our committee, Mr. Stewart testi- tees, boards, conferences or nonpar- require sustainable returns and the rights of fied that he expected to be the ‘‘central liamentary conferences authorized by communities and their members, improve- ments in economic and financial institu- player’’ at DHS on ‘‘lessons learned’’ law, by current action of the two tions, including the prevention of money from Hurricane Katrina, to develop Houses or by order of the Senate. laundering and the establishment of an at- emergency response policy, and to be a The PRESIDING OFFICER. Without tractive environment for investors, the es- key player on immigration reform, objection, it is so ordered. tablishment of property rights, including the

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.071 S07OCPT1 S11332 CONGRESSIONAL RECORD — SENATE October 7, 2005 preservation of cultural heritage, and the de- (4) the anticipated discussions of the long- Secretary of the Army to accept and expand velopment of a sustained dialogue, including term status of Kosovo should result in a plan funds contributed by non-Federal public en- a Pristina-Belgrade dialogue and a regional for implementing the Standards for Kosovo, tities and to expedite the processing of per- dialogue; particularly with regard to minority protec- mits.’’. Whereas the ethnic violence that occurred tions, return of property, and the develop- The bill (H.R. 3765), as amended, was in Kosovo from March 17, 2004 through March ment of rule of law as it relates to the im- read the third time and passed, as fol- 19, 2004, represented a severe setback to the provement of protection of minorities, the lows: progress the people of Kosovo achieved in return of internally displaced persons, the (The bill will be printed in a future implementing the Standards for Kosovo and return of property, and the prosecution of resulted in 20 deaths and damage to or de- human rights violations; and editing of the RECORD.) struction of approximately 900 homes and 30 (5) Kosovo, Serbia and Montenegro, and the f Serbian Orthodox churches and other reli- United Nations, during the negotiations re- gious sites; lated to the long-term status of Kosovo, NATIONAL CHARACTER COUNTS Whereas the bomb attacks against the peo- should require— WEEK ple and international institutions in Kosovo (A) increased monitoring and reporting of that occurred from July 2, 2005 through July Mr. STEVENS. Mr. President, I ask the progress on the implementation of the unanimous consent that the Senate 4, 2005, were unacceptable events that work Standards for Kosovo and any incidents of counter to the interests and efforts of the human rights violations, and should broaden now proceed to the consideration of S. majority of the people of Kosovo and signal the involvement of minorities and commu- Res. 271, which was submitted earlier that more work must be done to promote the nity-level representatives in monitoring, re- today. implementation of the Standards for Kosovo; porting, and publicizing that progress; The PRESIDING OFFICER. The Whereas the status of Kosovo, which is nei- (B) that the authorities and institutions of clerk will please report the resolution ther stable nor sustainable, is a critical issue Kosovo be given greater authority and inde- by title. affecting the aspirations of Southeast Eu- pendence in fulfilling the Standards for rope for stability, peace, and eventual mem- The assistant legislative clerk read Kosovo, including assuming the responsi- as follows: bership in the European Union; bility for any setbacks and progress and ac- Whereas the authorities and institutions of quiring experience in assuming greater au- A resolution (S. Res. 271) designating the Kosovo must be empowered to act independ- tonomy; and week beginning October 16, 2005, as ‘‘Na- ently to achieve the Standards for Kosovo so (C) a broad public awareness campaign to tional Character Counts Week.’’ that such authorities and institutions may raise awareness of both the plan to resolve There being no objection, the Senate assume responsibility for any progress or the question of the status of Kosovo and the proceeded to consider the resolution. setbacks; requirements for the transition of Kosovo to Whereas 2005 must be a year of decision for Mr. STEVENS. Mr. President, I ask a permanent status, including the impor- unanimous consent that the resolution representatives of Kosovo, Serbia and Monte- tance of the progress in implementing the negro, and the United Nations to move for- Standards for Kosovo and the necessity of be agreed to, the preamble be agreed ward on the status of Kosovo; ensuring peace and suppressing all forms of to, and the motion to reconsider be laid Whereas the basic values of multi-eth- discrimination and violence so that the re- upon the table. nicity, democracy, and market-orientation gion may move forward toward a future of The PRESIDING OFFICER. Without must remain at the heart of any effort to re- greater prosperity, stability, and lasting solve the question of the future status of objection, it is so ordered. peace. Kosovo; and The resolution (S. Res. 271) was Whereas the support of all of the people of f agreed to. Kosovo is required to achieve a successful EXTENDING AUTHORITY OF THE The preamble was agreed to. outcome that addresses those basic values: SECRETARY OF THE ARMY The resolution, with its preamble, Now, therefore, be it reads as follows: Resolved, That it is the sense of the Senate Mr. STEVENS. Mr. President, I ask that— unanimous consent that the Com- S. RES. 271 (1) the unresolved status of Kosovo is nei- mittee on the Environment and Public Whereas the well-being of the Nation re- ther sustainable nor beneficial to the Works be discharged from further con- quires that the young people of the United progress toward stability and peace in States become an involved, caring citizenry Southeast Europe and its integration with sideration of H.R. 3765 and that the with good character; Europe; Senate proceed to its immediate con- Whereas the character education of chil- (2) the leaders of Kosovo and Serbia and sideration. dren has become more urgent as violence by Montenegro and the representatives of the The PRESIDING OFFICER. Without and against youth increasingly threatens the United Nations should work toward an objection, it is so ordered. The clerk physical and psychological well-being of the agreement on the future status of Kosovo will please report the bill by title. people of the United States; and a plan for transformation in Kosovo; The assistant legislative clerk read Whereas more than ever, children need (3) such agreement and plan should— as follows: strong and constructive guidance from their (A) address the claims and satisfy the key families and their communities, including A bill (H.R. 3765) to extend through Decem- concerns of the people of Kosovo and the peo- schools, youth organizations, religious insti- ber 31, 2007, the authority of the Secretary of ple of Serbia and Montenegro; tutions, and civic groups; the Army to accept and expend funds con- (B) seek compromises from both Kosovo Whereas the character of a nation is only tributed by non-Federal public entities to ex- and Serbia and Montenegro to reach an as strong as the character of its individual pedite the processing of permits. agreement; citizens; (C) promote the integration of Southeast There being no objection, the Senate Whereas the public good is advanced when Europe with the European Union and the proceeded to consider the bill. young people are taught the importance of North Atlantic Treaty Organization; Mr. STEVENS. Mr. President, I ask good character and the positive effects that (D) reinforce efforts to encourage full co- unanimous consent that the amend- good character can have in personal relation- operation by the governments of Kosovo and ments at the desk be agreed to, the ships, in school, and in the workplace; of Serbia and Montenegro with the Inter- bill, as amended, be read a third time Whereas scholars and educators agree that national Crimes Tribunal for the Former and passed, the motions to reconsider people do not automatically develop good Yugoslavia; character and that, therefore, conscientious (E) promote stability in the region and be laid upon the table, and that any efforts must be made by institutions and in- take into consideration the stability of de- statements relating to the measure be dividuals that influence youth, to help young mocracy in Kosovo and in Serbia and Monte- printed in the RECORD. people develop the essential traits and char- negro; The PRESIDING OFFICER. Without acteristics that comprise good character; (F) promote the active participation of objection, it is so ordered. Whereas, although character development Serbians in Kosovo in elections and in the The amendments (Nos. 2057 and 2058) is, first and foremost, an obligation of fami- government of Kosovo; and were agreed to, as follows: lies, the efforts of faith communities, (G) require the fulfillment of the Standards AMENDMENT NO. 2057 schools, and youth, civic, and human service for Kosovo, the requirements that the United organizations also play an important role in (Purpose: To modify the reauthorization Nations Interim Administration Mission in fostering and promoting good character; period of a certain water resource program) Kosovo established to advance stability in Whereas Congress encourages students, Kosovo, in accordance with prior commit- On page 2, line 10, strike ‘‘December 31, teachers, parents, youth, and community ments and in support of the initiation of dis- 2007’’ and insert ‘‘March 31, 2006’’. leaders to recognize the importance of char- cussions on status with particular emphasis AMENDMENT NO. 2058 acter education in preparing young people to on the problem of human rights in minority Amend the title so as to read: ‘‘To extend play a role in determining the future of the communities; through March 31, 2006, the authority of the Nation;

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.064 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11333 Whereas effective character education is public servant, and trailblazer. Her re- On January 25, 1966, justice was at it based on core ethical values, which form the markable career reads like a civil again. It was on that date after a sto- foundation of democratic society; rights history book. ried career of educational success, fer- Whereas examples of character are trust- After earning her Bachelor of Arts vent legal advocacy, and legislative ac- worthiness, respect, responsibility, fairness, complishments that Constance Baker caring, citizenship, and honesty; degree in Economics from New York Whereas elements of character transcend University and her law degree from Co- Motley became the first African-Amer- cultural, religious, and socioeconomic dif- lumbia University, Constance Baker ican woman appointed to the Federal ferences; Motley joined Thurgood Marshall at judiciary. Judge Motley passed away Whereas the character and conduct of our the NAACP Legal Defense and Edu- on September 28, 2005, at the age of 84. youth reflect the character and conduct of cational Fund. For 2 decades, Con- She is survived by her husband Joel, a society, and, therefore, every adult has the stance Baker Motley worked closely son, three sisters and a brother. I rise responsibility to teach and model ethical with Marshall and other leading civil today to honor her and the concept of values and every social institution has the justice for which she fought all her life. responsibility to promote the development of rights lawyers to dismantle desegrega- tion throughout the country. Constance Baker was born on Sep- good character; tember 14, 1921, in New Haven, CT. Her Whereas Congress encourages individuals She was the only woman on the legal and organizations, especially those who have team that won the landmark desegre- father was a chef for an exclusive club an interest in the education and training of gation case, Brown v. Board of Edu- at Yale, and her mother was active in the young people of the United States, to cation. She went on to argue 10 major the NAACP. She graduated from New adopt the elements of character as intrinsic civil rights cases before the Supreme York University in 1943 and received to the well-being of individuals, commu- Court, winning all but one of them, in- her law degree from Columbia Univer- nities, and society; cluding James Meredith’s fight to gain sity in 1946. As a third-year student at Whereas many schools in the United States admission to the University of Mis- Columbia, Judge Motley joined the recognize the need, and have taken steps, to staff of the NAACP Legal Defense and integrate the values of their communities sissippi. In 1964, Judge Motley became the Educational Fund. She would eventu- into their teaching activities; and ally become its principal trial attor- Whereas the establishment of National first African-American woman elected ney. Character Counts Week, during which indi- to the New York State Senate, and in Judge Motley’s list of accomplish- viduals, families, schools, youth organiza- 1965, she became the first African- tions, religious institutions, civic groups, ments while working for the Legal De- American woman, and woman, to serve fense Fund is stunning. In 1950, she and other organizations would focus on char- as a city borough president, the great acter education, would be of great benefit to drafted the complaint that would be- borough of Manhattan. During this the Nation: Now, therefore, be it come Brown v. Board of Education. In Resolved, That the Senate— time, Judge Motley worked tirelessly 1957 she argued the case in Little Rock, (1) designates the week beginning October to revitalize the inner city and improve AR, which prompted President Eisen- 16, 2005, as ‘‘National Character Counts urban housing and public schools. hower to call in Federal troops to pro- Week’’; and In 1966, President Lyndon B. Johnson tect the ‘‘Little Rock Nine’’. She per- (2) calls upon the people of the United appointed Constance Baker Motley to sonally argued the 1962 case in which States and interested groups to— the Southern District of New York. (A) embrace the elements of character James Meredith won admission to the She was confirmed 9 months later, over University of Mississippi, as well as the identified by local schools and communities, the strong opposition of Southern Sen- such as trustworthiness, respect, responsi- suit that resulted in the enrollment of bility, fairness, caring, and citizenship; and ators. She rose to the position of Chief black students at the University of (B) observe the week with appropriate Judge in 1982, and assumed senior sta- Georgia. All told, Judge Motley won 9 ceremonies, programs, and activities. tus 4 years later. She served with dis- of the 10 civil rights cases she argued f tinction for nearly 4 decades, until last before the Supreme Court, an astound- week. Her passing is a great loss to RECOGNIZING AND HONORING THE ing accomplishment for that or any New York, as well as the country, and other time period. LIFE AND ACHIEVEMENTS OF for this reason her life must be remem- CONSTANCE BAKER MOTLEY After 20 years with the NAACP, bered and celebrated. Judge Motley was elected to the New Mr. STEVENS. Mr. President, I ask This resolution extends the Senate’s York State Senate and became the unanimous consent that the Senate heartfelt sympathy to Judge Motley’s first African-American woman to serve proceed to the immediate consider- friends and family and commends her in that body. Among her first tasks ation of S. Res. 272, submitted early for her 39-year tenure on the United was fighting for additional low- and today by Senator SCHUMER. States District Court for the Southern middle-income housing. In February of The PRESIDING OFFICER. The District of New York and her lifelong 1965, Judge Motley was elected to serve clerk will please report the resolution commitment to the advancement of as the President of the Borough of by title. civil rights and social justice. Manhattan, becoming the first woman The assistant legislative clerk read Mr. OBAMA. Mr. President, I rise of any race to serve in that post. And as follows: today to say that, as I have often in 1966, President Johnson helped bring A resolution (S. Res. 272) recognizing and thought, justice is a curious thing. justice’s work full circle. He appointed honoring the life and achievements of Con- She has been poked and prodded, de- Judge Motley to the Federal District stance Baker Motley, a judge for the United tained and defaced, and her piercing Court for the Southern District Court States District Court, Southern District of light is too often hidden from view. of New York, making her the first Afri- New York. Justice had a tough time in Mont- can American woman to sit on the Fed- There being no objection, the Senate gomery and Selma, and she took a sore eral bench. She served with distinction proceeded to consider the resolution. drumming alongside Susan B. Anthony in the Southern District, and became Mr. SCHUMER. Mr. President, I am and the other fighters for women’s suf- the chief judge of this court in 1982. in support of this resolution to recog- frage. If you asked Dr. Martin Luther She took senior status in 1986. nize and honor the life and achieve- King, Jr. or Ms. Fannie Lou Hamer I honor Judge Motley today. I honor ments of Constance Baker Motley, a where justice was during those cold her for her wisdom, for her tenacity, judge for the United States District nights in jail in 1963, they might have and for the fire with which she advo- Court, Southern District of New York. said that she was nowhere to be found. cated for equal rights. And, equally im- Sadly, Judge Motley passed away last But inevitably and incredibly justice portant, I honor the spirit of justice week, on September 28, 2005, at the age always seems to find her way. She that motivated Constance Baker Mot- of 84, after having lived an extraor- creeps into the dark spots of our his- ley. It spurred her on from her early dinary and exemplary life. tory. She rears her head where she is days in Connecticut to her long and Constance Baker Motley was the first not wanted. And, eventually, she distinguished tenure on the Federal African American woman, and only the causes the barriers meant to hold her bench. I ask that this body and all fifth woman, to serve on the federal ju- back to crack and crumble, under the Americans remember Judge Motley diciary. Before becoming a judge, she collective weight of those who fight for today. And I ask that we attempt to in- was a renowned civil rights lawyer, her cause. fuse the same sense of justice which

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.067 S07OCPT1 S11334 CONGRESSIONAL RECORD — SENATE October 7, 2005 guided Judge Motley into our own Whereas Constance Baker Motley assumed ther ask unanimous consent that these work, and our daily lives. senior status in 1986, and continued serving treaties be considered as having passed I am pleased to join a bipartisan with distinction for the next 2 decades; and through their various parliamentary group of my colleagues in introducing Whereas Constance Baker Motley passed stages, up to and including the presen- a resolution honoring the life of Judge away on September 28, 2005, and is survived by her husband Joel Wilson Motley Jr., their tation of the resolutions for ratifica- Constance Baker Motley and I hope son, Joel Motley III, her 3 grandchildren, her tion; that any committee conditions, this body will move swiftly to its pas- brother, Edmund Baker of Florida, and her declarations, or reservations be agreed sage. sisters Edna Carnegie, Eunice Royster, and to as applicable; that any statements Mr. STEVENS. Mr. President, I ask Marian Green, of New Haven, Connecticut: be printed in the RECORD as if read; and unanimous consent that the resolution Now, therefore, be it that the Senate take one vote on the and preamble be agreed to, en bloc, the Resolved, That the Senate— resolutions of ratification, to be con- motion to reconsider be laid upon the (1) extends its heartfelt sympathy to the sidered as separate votes; further, that family and friends of Constance Baker Mot- table, with no intervening action or de- when the resolutions of ratification are bate, and that any statements relating ley on the occasion of her passing; and (2) commends Constance Baker Motley voted upon, the motion to reconsider to the resolution be printed in the for— be laid on the table; the President be RECORD. (A) her 39-year tenure on the United States notified of the Senate’s action, and The PRESIDING OFFICER. Without District Court for the Southern District of that following the disposition of the objection, it is so ordered. New York; and treaties, the Senate return to legisla- The resolution (S. Res. 272) was (B) her lifelong commitment to the ad- tive session. agreed to. vancement of civil rights and social justice. The PRESIDING OFFICER. Without The preamble was agreed to. f The resolution, with its preamble, objection, it is so ordered. The treaties reads as follows: AUTHORIZING THE USE OF THE will be considered to have passed CAPITOL GROUNDS S. RES. 272 through their various parliamentary Whereas Constance Baker Motley was born Mr. STEVENS. Mr. President, I ask stages, up to and including the presen- in 1921, in New Haven, Connecticut, the unanimous consent that the Senate tation of the resolutions of ratifica- daughter of immigrants from the Caribbean proceed to the immediate consider- tion. island of Nevis; ation of H. Con. Res. 161, which was re- The resolutions of ratification are as Whereas in 1943, Constance Baker Motley ceived from the House. follows: graduated from New York University with a The PRESIDING OFFICER. The Bachelor of Arts degree in economics; INTER-AMERICAN CONVENTION AGAINST clerk will please report the concurrent TERRORISM (T.D.107–18) Whereas, upon receiving a law degree from resolution by title. Columbia University in 1946, Constance The assistant legislative clerk read SECTION 1. SENATE ADVICE AND CONSENT SUB- Baker Motley became a staff attorney at the JECT TO UNDERSTANDING as follows: National Association for the Advancement of Resolved (two-thirds of the Senators present A concurrent resolution (H. Con. Res. 161) Colored People Legal Defense and Edu- concurring therein), The Senate advises and authorizing the use of the Capitol Grounds cational Fund, Inc., and fought tirelessly for consents to the ratification of the Inter- for an event to commemorate the 10th Anni- 2 decades alongside Thurgood Marshall and American Convention Against Terrorism versary of the Million Man March. other leading civil rights lawyers to dis- (the ‘‘Convention’’), adopted at the thirty- mantle segregation throughout the country; There being no objection, the Senate second regular session of the General Assem- Whereas Constance Baker Motley was the proceeded to consider the concurrent bly of the Organization of American States only female attorney on the legal team that resolution. meeting in Bridgetown, Barbados, and signed won the landmark desegregation case, Brown Mr. STEVENS. Mr. President, I ask by the United States on June 3, 2002 (Treaty v. Board of Education; unanimous consent that the concur- Doc. 107–18), subject to the understanding in Whereas Constance Baker Motley argued 10 rent resolution be agreed to, the mo- Section 2. major civil rights cases before the Supreme SECTION 2. UNDERSTANDING Court, winning all but one, including the tion to reconsider be laid upon the case brought on behalf of James Meredith table, and that any statements relating The advice and consent of the Senate challenging the University of Mississippi’s to the concurrent resolution be printed under section 1 is subject to the following refusal to admit him; in the RECORD. understanding, which shall be included in Whereas Constance Baker Motley’s only The PRESIDING OFFICER. Without the United States instrument of ratification: loss before the United States Supreme Court objection, it is so ordered. The United States of America understands was in Swain v. Alabama, a case in which the The concurrent resolution (H. Con. that the term ‘‘international humanitarian Court refused to proscribe race-based pe- Res. 161) was agreed to. law’’ in paragraph 2 of Article 15 of the Con- remptory challenges in cases involving Afri- vention has the same substantive meaning as Mr. STEVENS. I suggest the absence the law of war. can-American defendants and which was of a quorum. later reversed in Batson v. Kentucky on The PRESIDING OFFICER. The SECTION 3. RESERVATIONS, UNDERSTANDING, grounds that had been largely asserted by AND DECLARATION RELATIVE TO Constance Baker Motley in the Swain case; clerk will call the roll. THE TRAFFICKING PROTOCOL The assistant legislative clerk pro- Whereas in 1964, Constance Baker Motley (a) RESERVATIONS.—The advice and consent became the first African-American woman ceeded to call the roll. of the Senate under section 1 is subject to elected to the New York State Senate; Mr. STEVENS. Mr. President, I ask the following reservations relative to the Whereas in 1965, Constance Baker Motley unanimous consent that the order for Trafficking Protocol, which shall be included became the first African-American woman, the quorum call be rescinded. in the United States instrument of ratifica- and the first woman, to serve as president of The PRESIDING OFFICER. Without tion: the Borough of Manhattan; objection, it is so ordered. (1) The United States of America reserves Whereas Constance Baker Motley, in her f the right not to apply in part the obligation capacity as an elected public official in New set forth in Article 15, paragraph 1(b), of the York, continued to fight for civil rights, EXECUTIVE SESSION United Nations Convention Against dedicating herself to the revitalization of the Transnational Organized Crime with respect inner city and improvement of urban public to the offenses established in the Trafficking schools and housing; INTER-AMERICAN CONVENTION Protocol. The United States does not provide Whereas in 1966, Constance Baker Motley AGAINST TERRORISM—TREATY for plenary jurisdiction over offenses that was appointed by President Johnson as a DOCUMENT NO. 107–18 are committed on board ships flying its flag United States District Court Judge for the or aircraft registered under its laws. How- Southern District of New York; ever, in a number of circumstances, U.S. law Whereas the appointment of Constance U.N. CONVENTION AGAINST provides for jurisdiction over such offenses Baker Motley made her the first African- TRANSNATIONAL ORGANIZED committed on board U.S.-flagged ships or American woman, and only the fifth woman, CRIME—TREATY DOCUMENT NO. aircraft registered under U.S. law. Accord- appointed and confirmed for a Federal judge- 108–16 ingly, the United States will implement ship; paragraph 1(b) of the Convention to the ex- Whereas in 1982, Constance Baker Motley Mr. STEVENS. Mr. President, I ask tent provided for under its federal law. was elevated to Chief Judge of the United unanimous consent that the Senate (2) The United States of America reserves States District Court for the Southern Dis- proceed to executive session to con- the right to assume obligations under this trict of New York, the largest Federal trial sider the following treaties on today’s Protocol in a manner consistent with its fun- court in the United States; Executive Calendar, Nos. 2 and 3. I fur- damental principles of federalism, pursuant

VerDate Aug 31 2005 08:29 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.083 S07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — SENATE S11335 to which both federal and state criminal (2) In accordance with Article 20, para- I ask unanimous consent that the laws must be considered in relation to con- graph 3, the United States of America de- above-referenced letters be printed in duct addressed in the Protocol. U.S. federal clares that it does not consider itself bound the RECORD. criminal law, which regulates conduct based by the obligation set forth in Article 20, There being no objection, the mate- on its effect on interstate or foreign com- paragraph 2. rial was ordered to be printed in the merce, or another federal interest, such as (b) UNDERSTANDING.—The advice and con- the Thirteenth Amendment’s prohibition of sent of the Senate under section 1 is subject RECORD, as follows: ‘‘slavery’’ and ‘‘involuntary servitude,’’ to the following understanding relative to U.S. DEPARTMENT OF JUSTICE, serves as the principal legal regime within the Smuggling Protocol, which shall be in- OFFICE OF LEGISLATIVE AFFAIRS, the United States for combating the conduct cluded in the United States instrument of Washington, DC. addressed in this Protocol, and is broadly ef- ratification: Hon. JEFF SESSIONS, fective for this purpose. Federal criminal law The United States of America understands U.S. Senate, does not apply in the rare case where such the obligation to establish the offenses in Washington, DC. criminal conduct does not so involve inter- the Protocol as money laundering predicate DEAR SENATOR SESSIONS: We are pleased to state or foreign commerce, or otherwise im- offenses, in light of Article 6, paragraph 2(b) have the opportunity to respond to your let- plicate another federal interest, such as the of the United Nations Convention Against ter of October 6, posing questions about the Thirteenth Amendment. There are a small Transnational Organized Crime, as requiring United Nations Convention Against number of conceivable situations involving States Parties whose money laundering leg- Transnational Organized Crime and the such rare offenses of a purely local character islation sets forth a list of specific predicate Inter-American Convention Against Ter- where U.S. federal and state criminal law offenses to include in such list a comprehen- rorism. Both Conventions are strongly sup- may not be entirely adequate to satisfy an sive range of offenses associated with smug- ported by the Administration, and we urge obligation under the Protocol. The United gling of migrants. immediate action by the Senate to provide States of America therefore reserves to the Mr. SESSIONS. Mr. President, the its advice and consent to ratification. As you obligations set forth in the Protocol to the may be aware, the first Conference of States extent they address conduct which would fall Senate is prepared to ratify two impor- Parties to the U.N. transnational organized within this narrow category of highly local- tant treaties, the Inter-American Con- crime convention will commence in Vienna ized activity. This reservation does not af- vention Against Terrorism, and the on October 10, and thus there is particular fect in any respect the ability of the United United Nations Convention Against urgency to the Senate acting today to ap- States to provide international cooperation Transnational Organized Crime. prove this treaty and thereby strengthen the to other Parties as contemplated in the Pro- As a former prosecutor, I believe United States’ ability to participate effec- tocol. these treaties will provide important tively at this meeting. (3) In accordance with Article 15, para- Your first question concerned Article 16 of graph 3, the United States of America de- tools in our war against terrorism and the U.N. Convention on transnational orga- clares that it does not consider itself bound organized crime. nized crime and its impact on our existing by the obligation set forth in Article 15, However, as chairman of the Senate bilateral extradition relations. This is a paragraph 2. Steering Committee, and as a United common provision in multilateral law en- (b) UNDERSTANDING.—The advice and con- States Senator, it is my job to care- forcement treaties, and it can strengthen our sent of the Senate under section 1 is subject fully review all legislation and treaties extradition relationships under existing bi- to the following understanding relative to to ensure that they are consistent with lateral extradition treaties by requiring that the Trafficking Protocol, which shall be in- the organized crime offenses covered by the cluded in the United States instrument of our Constitution and in the best inter- U.N. Convention be included as extraditable ratification: est of the United States. offenses under those existing treaties. This The United States of America understands In reviewing these treaties, there can be helpful with older treaties that con- the obligation to establish the offenses in were two matters I felt needed further tain a limited list of extraditable offenses. the Protocol as money laundering predicate clarification. Our treaty with Mexico, however, is not so offenses, in light of Article 6, paragraph 2(b) First, the issue of extradition. I be- limited. of the United Nations Convention Against As you suggest in your letter, a particular Transnational Organized Crime, as requiring lieve it is important that if we are going to enter into an extradition ar- concern with Mexico at this time is the im- States Parties whose money laundering leg- pact of a 2001 Mexican Supreme Court deci- islation sets forth a list of specific predicate rangement, it strengthen our hand sion which barred extradition where a de- offenses to include in such list a comprehen- with respect to nations, such as Mex- fendant would be subject to a life sentence. sive range of offenses associated with traf- ico, who have refused to extradite vio- The U.N. Convention does not resolve this ficking in persons. lent criminals to the United States for issue; at the same time it in no way en- (c) DECLARATION.—The advice and consent prosecution. It serves no purpose to dorses, or requires the United States to ac- of the Senate under section 1 is subject to quiesce in, such a limitation on extradition. the following declaration relative to the enter into treaties with no teeth. Second, the International Criminal You can be assured that resolving this prob- Trafficking Protocol: lem in our extradition relations with Mexico The United States of America declares Court: The position of the United remains a major objective of the Depart- that, in view of its reservations, current States has been firm in opposition to ments of Justice and State and is one that United States law, including the laws of the any expanded powers of the Inter- Attorney General Gonzales has raised per- States of the United States, fulfills the obli- national Criminal Court. These trea- sonally with the Mexican Attorney General gations of the Protocol for the United States. Accordingly, the United States of ties were silent on the ICC. They did and with the Mexican Foreign Minister. We America does not intend to enact new legis- not explicitly permit the ICC from ex- are hopeful that a recent decision of the lation to fulfill its obligations under the Pro- ercising jurisdiction over matters, nor Mexican Supreme Court in a domestic crimi- tocol. do they prohibit it from doing so. Were nal case may open the door to a favorable re- vision of its 2001 decision, and we are com- SECTION 4. RESERVATIONS AND UNDER- I not absolutely certain that these STANDING RELATIVE TO THE SMUG- mitted to working with Mexico to that end. treaties would provide no mechanism With respect to your question concerning GLING PROTOCOL for an overzealous ICC prosecutor to (a) RESERVATIONS.—The advice and consent potential interplay between these treaties of the Senate under section 1 is subject to assert new jurisdiction, these treaties and the International Criminal Court (ICC), I the following reservations relative to the would not be ratified today. can assure you that the Administration con- Smuggling Protocol, which shall be included However, based on an exchange of tinues to have fundamental concerns about in the United States instrument of ratifica- correspondence with the United States the ICC and would not advocate the United tion: Department of Justice, I am satisfied States joining any treaty that would expand the jurisdiction of the ICC or impose directly (1) The United States of America criminal- that there is absolutely no way the ICC izes most but not all forms of attempts to or indirectly any obligation on the United commit the offenses established in accord- may assert any new jurisdiction based States to support the ICC. The jurisdiction ance with Article 6, paragraph 1 of this Pro- upon these treaties. of the ICC is strictly defined by the Rome tocol. With respect to the obligation under I received this letter by fax within statute at Article 5. Neither of the treaties Article 6, Paragraph 2(a), the United States the last few minutes, and it is on this now being considered by the Senate extends of America reserves the right to criminalize basis that I am permitting these trea- or could extend that jurisdiction. This is attempts to commit the conduct described in ties to proceed. I am confident that clear from the text of the treaties and the in- Article 6, paragraph 1(b), to the extent that these treaties are in the interest of the tent of the negotiators. Moreover, in no re- under its laws such conduct relates to false spect will the United States becoming a or fraudulent passports and other specified United States, and this correspondence party to these two treaties affect the provi- identity documents, constitutes fraud or the will serve as legislative history with sions of the American Service-members’ Pro- making of a false statement, or constitutes respect to the concerns I just ad- tection Act of 2002 (ASPA), including its re- attempted use of a false or fraudulent visa. dressed. strictions on assistance to the ICC. We do

VerDate Aug 31 2005 07:02 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A07OC6.073 S07OCPT1 S11336 CONGRESSIONAL RECORD — SENATE October 7, 2005 not believe there is any ambiguity on these The PRESIDING OFFICER. The DEPARTMENT OF HOMELAND SECURITY points and thus no need for clarification Chair recognizes the power of the Sen- STEWART A. BAKER, OF VIRGINIA, TO BE AN ASSIST- through understandings in the resolution of ator from Alaska. ANT SECRETARY OF HOMELAND SECURITY. ratification. You and other members of the DEPARTMENT OF HOUSING AND URBAN f Senate can be confident that the Adminis- DEVELOPMENT tration shares your concerns about the ICC LEGISLATIVE SESSION and is fully satisfied that none of those con- KIM KENDRICK, OF THE DISTRICT OF COLUMBIA, TO BE The PRESIDING OFFICER. Under AN ASSISTANT SECRETARY OF HOUSING AND URBAN DE- cerns are implicated in these treaties. VELOPMENT. We have consulted with the Department of the previous order, the Senate will now KEITH A. NELSON, OF TEXAS, TO BE AN ASSISTANT SECRETARY OF HOUSING AND URBAN DEVELOPMENT. State, which concurs fully in these views, return to legislative session. DARLENE F. WILLIAMS, OF TEXAS, TO BE AN ASSIST- and hope with this letter you and your col- f ANT SECRETARY OF HOUSING AND URBAN DEVELOP- leagues will be able to vote in favor of these MENT. ORDERS FOR MONDAY, OCTOBER KEITH E. GOTTFRIED, OF CALIFORNIA, TO BE GENERAL two important treaties today. COUNSEL OF THE DEPARTMENT OF HOUSING AND URBAN Sincerely, 17, 2005 DEVELOPMENT. WILLIAM E. MOSCHELLA, Mr. STEVENS. Mr. President, I ask DEPARTMENT OF COMMERCE Assistant Attorney General. unanimous consent that the Senate DAVID H. MCCORMICK, OF PENNSYLVANIA, TO BE stand in adjournment until 2 p.m. on UNDER SECRETARY OF COMMERCE FOR EXPORT ADMIN- SENATE STEERING COMMITTEE, ISTRATION. UNITED STATES SENATE, Monday, October 17, contingent upon DEPARTMENT OF THE TREASURY Washington, DC, October 6, 2005. the Senate’s action on the adjourn- Hon. ALBERTO R. GONZALES, PATRICK M. O’BRIEN, OF MINNESOTA, TO BE ASSIST- ment resolution from the House; that if ANT SECRETARY FOR TERRORIST FINANCING, DEPART- Attorney General, U.S. Department of Justice, we do not agree to the adjournment MENT OF THE TREASURY. Washington, DC. resolution, the Senate reconvene at 12 DEPARTMENT OF COMMERCE DEAR MR. ATTORNEY GENERAL: I am writ- noon on Tuesday, October 11. I further ing regarding two critical treaties that the ISRAEL HERNANDEZ, OF TEXAS, TO BE ASSISTANT ask that following the prayer and SECRETARY OF COMMERCE AND DIRECTOR GENERAL OF Senate is considering. As a former pros- THE UNITED STATES AND FOREIGN COMMERCIAL SERV- ecutor, I believe these treaties could provide pledge on October 17, the Journal of ICE. important new tools to law enforcement. proceedings be approved to date, the DARRYL W. JACKSON, OF THE DISTRICT OF COLUMBIA, However, before we ratify them, I seek your time for the two leaders be reserved, TO BE AN ASSISTANT SECRETARY OF COMMERCE. assistance in addressing several concerns. and that there be a period for morning DEPARTMENT OF THE TREASURY 1. Article 16 of the United Nations Convention business until 3 p.m. equally divided. I EMIL W. HENRY, JR., OF NEW YORK, TO BE AN ASSIST- ANT SECRETARY OF THE TREASURY. Against Transnational Organized Crime. I am further ask that the Senate then pro- interested in learning whether or not the ex- ceed to consideration of H.R. 3058, the DEPARTMENT OF STATE tradition provisions of this treaty would THOMAS A. SHANNON, JR., OF VIRGINIA, TO BE AN AS- strengthen our current bilateral arrange- Transportation-Treasury appropria- SISTANT SECRETARY OF STATE (WESTERN HEMISPHERE ments to address problems we have had with tions bill, under the previous order. AFFAIRS). nations such as Mexico who refuse to extra- The PRESIDING OFFICER. Without INTER-AMERICAN DEVELOPMENT BANK dite dangerous criminals to the United objection, it is so ordered. JAN E. BOYER, OF TEXAS, TO BE UNITED STATES AL- States. Further, it would appear that our f TERNATE EXECUTIVE DIRECTOR OF THE INTER-AMER- moral position for extradition would be un- ICAN DEVELOPMENT BANK. dermined if we explicitly acquiesce in allow- PROGRAM OVERSEAS PRIVATE INVESTMENT CORPORATION ing the nation to consider penalties as a Mr. STEVENS. Mr. President, when ROBERT A. MOSBACHER, OF TEXAS, TO BE PRESIDENT basis for denying extradition. the Senate reconvenes on Monday, Oc- OF THE OVERSEAS PRIVATE INVESTMENT CORPORA- 2. International Criminal Court. The ICC is TION. tober 17, we will begin consideration of mentioned in neither treaty, and the Depart- MILLENNIUM CHALLENGE CORPORATION ment of Justice attorneys have maintained the Transportation-Treasury appro- JOHN J. DANILOVICH, OF CALIFORNIA, TO BE CHIEF EX- that the ICC would have no jurisdiction over priations bill. As we consider the bill, I ECUTIVE OFFICER, MILLENNIUM CHALLENGE CORPORA- matters addressed in them. However, the remind my colleagues to work with TION. main reason that the United States rejects Senators Bond and Murray, the bill DEPARTMENT OF STATE the Rome Statute is that the ICC has one managers, and to offer amendments JOSETTE SHEERAN SHINER, OF VIRGINIA, TO BE prosecutor who initiates investigations with early in the week. I alert my col- UNITED STATES ALTERNATE GOVERNOR OF THE INTER- virtually unchecked discretion. I seek fur- leagues that the first vote during Mon- NATIONAL BANK FOR RECONSTRUCTION AND DEVELOP- ther clarification from the Department on MENT FOR A TERM OF FIVE YEARS; UNITED STATES AL- day’s session will occur at 5:30 p.m. TERNATE GOVERNOR OF THE INTER-AMERICAN DEVEL- whether we can be absolutely certain that OPMENT BANK FOR A TERM OF FIVE YEARS; UNITED these treaties would not provide a vehicle for f STATES ALTERNATE GOVERNOR OF THE AFRICAN DE- a case to be brought to the ICC by an over- VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED ADJOURNMENT UNTIL TUESDAY, STATES ALTERNATE GOVERNOR OF THE AFRICAN DE- zealous prosecutor. Absent such certainty, it VELOPMENT FUND; UNITED STATES ALTERNATE GOV- would be my desire to include an under- OCTOBER 11, 2005, OR 2 P.M., ERNOR OF THE ASIAN DEVELOPMENT BANK; AND UNITED standing to the resolution of ratification MONDAY, OCTOBER 17, 2005 STATES ALTERNATE GOVERNOR OF THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. that clarifies the United States’s position Mr. STEVENS. If there is no further UNITED STATES AGENCY FOR INTERNATIONAL that the ICC may not try cases under the business to come before the Senate, I DEVELOPMENT Convention or avail itself of the Conven- ask unanimous consent that the Sen- tion’s extradition or judicial assistance pro- ate stand in adjournment under the KENT R. HILL, OF VIRGINIA, TO BE AN ASSISTANT AD- visions. We could also add an explicit under- MINISTRATOR OF THE UNITED STATES AGENCY FOR previous order. INTERNATIONAL DEVELOPMENT. standing to the resolution that ASPA shall JACQUELINE ELLEN SCHAFER, OF THE DISTRICT OF CO- govern application of the Convention by the There being no objection, the Senate, LUMBIA, TO BE AN ASSISTANT ADMINISTRATOR OF THE Executive branch. at 1:11 p.m., adjourned until Tuesday, UNITED STATES AGENCY FOR INTERNATIONAL DEVEL- Thank you for your assistance. October 11, 2005, at 12 noon, or Monday, OPMENT. Sincerely, October 17, 2005, at 2 p.m. DEPARTMENT OF STATE JEFF SESSIONS. JOHN HILLEN, OF VIRGINIA, TO BE AN ASSISTANT SEC- f RETARY OF STATE (POLITICAL-MILITARY AFFAIRS). Mr. STEVENS. Mr. President, I ask BARRY F. LOWENKRON, OF VIRGINIA, TO BE ASSISTANT for a division vote on the resolutions of NOMINATIONS SECRETARY OF STATE FOR DEMOCRACY, HUMAN ratification. Executive nomination received by RIGHTS, AND LABOR. The PRESIDING OFFICER. A divi- the Senate October 7, 2005: AFRICAN DEVELOPMENT FOUNDATION sion vote is requested. Senators in SUPREME COURT OF THE UNITED STATES JENDAYI ELIZABETH FRAZER, ASSISTANT SECRETARY OF STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE favor of the resolutions will rise and HARRIET ELLAN MIERS, OF TEXAS, TO BE AN ASSO- BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT stand until counted. CIATE JUSTICE OF THE SUPREME COURT OF THE UNITED FOUNDATION FOR THE REMAINDER OF THE TERM EXPIR- Those opposed will rise and stand STATES, VICE SANDRA DAY O’CONNOR, RETIRING. ING SEPTEMBER 27, 2009. until counted. f DEPARTMENT OF STATE On a division vote, two-thirds of the CONFIRMATIONS FRANCIS ROONEY, OF FLORIDA, TO BE AMBASSADOR Senators present and voting having TO THE HOLY SEE. Executive nominations confirmed by ALFRED HOFFMAN, OF FLORIDA, TO BE AMBASSADOR voted in the affirmative, the resolu- the Senate, Friday, October 7, 2005: TO THE REPUBLIC OF PORTUGAL. tions of ratification are agreed to. CHARLES A. FORD, OF VIRGINIA, TO BE AMBASSADOR FEDERAL LABOR RELATIONS AUTHORITY TO THE REPUBLIC OF HONDURAS. Mr. STEVENS. Mr. President, I am MARK LANGDALE, OF TEXAS, TO BE AMBASSADOR TO delighted to represent two-thirds of the COLLEEN DUFFY KIKO, OF VIRGINIA, TO BE GENERAL THE REPUBLIC OF COSTA RICA. COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHOR- BRENDA LAGRANGE JOHNSON, OF NEW YORK, TO BE Senate. ITY FOR A TERM OF FIVE YEARS. AMBASSADOR TO JAMAICA.

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ALEXANDER R. VERSHBOW, OF THE DISTRICT OF CO- LYONS GRAY, OF NORTH CAROLINA, TO BE CHIEF FI- FOREIGN SERVICE LUMBIA, TO BE AMBASSADOR TO THE REPUBLIC OF NANCIAL OFFICER, ENVIRONMENTAL PROTECTION KOREA. AGENCY. FOREIGN SERVICE NOMINATION OF ROBERT S. CONNAN. PATRICIA LOUISE HERBOLD, OF WASHINGTON, TO BE THE ABOVE NOMINATION WAS APPROVED SUBJECT TO AMBASSADOR TO THE REPUBLIC OF SINGAPORE. THE NOMINEE’S COMMITMENT TO RESPOND TO RE- f WILLIAM PAUL MCCORMICK, OF OREGON, TO BE AM- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY BASSADOR TO NEW ZEALAND, AND SERVE CONCUR- CONSTITUTED COMMITTEE OF THE SENATE. WITHDRAWALS RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS AMBASSADOR TO SAMOA. DEPARTMENT OF JUSTICE EXECUTIVE MESSAGE TRANS- DEPARTMENT OF THE INTERIOR KENNETH L. WAINSTEIN, OF VIRGINIA, TO BE UNITED MITTED BY THE PRESIDENT TO H. DALE HALL, OF NEW MEXICO, TO BE DIRECTOR OF STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA FOR THE TERM OF FOUR YEARS. THE SENATE ON OCTOBER 7, 2005 THE UNITED STATES FISH AND WILDLIFE SERVICE. WITHDRAWING FROM FURTHER NUCLEAR REGULATORY COMMISSION THE JUDICIARY SENATE CONSIDERATION THE FOL- EDWARD MCGAFFIGAN, JR., OF VIRGINIA, TO BE A JULIET JOANN MCKENNA, OF THE DISTRICT OF COLUM- LOWING NOMINATIONS: MEMBER OF THE NUCLEAR REGULATORY COMMISSION BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR FOR THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2010. COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM PHILIP D. MORRISON, OF THE DISTRICT OF COLUMBIA, ENVIRONMENTAL PROTECTION AGENCY OF FIFTEEN YEARS. TO BE AN ASSISTANT SECRETARY OF THE TREASURY, JOHN R. FISHER, OF THE DISTRICT OF COLUMBIA, TO WHICH WAS SENT TO THE SENATE ON MAY 26, 2005. GEORGE M. GRAY, OF MASSACHUSETTS, TO BE AN AS- BE AN ASSOCIATE JUDGE OF THE DISTRICT OF COLUM- TIMOTHY ELLIOTT FLANIGAN, OF VIRGINIA, TO BE SISTANT ADMINISTRATOR OF THE ENVIRONMENTAL BIA COURT OF APPEALS FOR THE TERM OF FIFTEEN DEPUTY ATTORNEY GENERAL, WHICH WAS SENT TO THE PROTECTION AGENCY. YEARS. SENATE ON JUNE 20, 2005.

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MAUDELLE SHIREK POST OFFICE Ms. Maudelle Shirek is a fearless and inspi- in the U.S. Army only to be discharged in BUILDING rational woman who for over 60 years has tire- 1964. Determined to continue his pursuit for a lessly fought to make this world a fair and just writing career, he invested in the purchase of SPEECH OF place. She has spoken for the voiceless and his first typewriter and moved into a rooming HON. BARBARA LEE has been a staunch defender of our basic civil house in Pittsburgh. To support himself he OF CALIFORNIA rights. worked a series of odd ‘‘blue collar’’ jobs, like IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask that my colleagues join short-order cook, dishwasher, porter, stock Tuesday, September 27, 2005 me today in supporting this resolution, H.R. boy, and gardener. Starting out as a poet, his 438. poems were published in the late 1960s and Ms. LEE. Mr. Speaker, I come to the floor The world would be a better place if we had early 70s in several periodicals, one being the to recognize an unsung hero and political leg- more Maudelles. Negro Digest created by the late John John- end in the East Bay area, Ms. Maudelle f son. Shirek. However, it was not until August Wilson The legislation we are considering here THE LIFE AND LEGACY OF heard the voice of legendary Bessie Smith’s today, H.R. 438, would name the post office AUGUST WILSON record ‘‘Nobody in Town Can Bake a Sweet building at 2000 Allston Way in Berkeley after Jellyroll Like Mine,’’ he realized that it was his Maudelle Shirek. responsibility to carry the torch of his ances- It would have been impossible for the HON. CHARLES B. RANGEL tors and assume the role as the representative House to consider this bill without the timely OF NEW YORK of Black American culture, telling the world our help of my colleagues, the Chairman and IN THE HOUSE OF REPRESENTATIVES history and dignifying our struggle. Hearing the Ranking Member of the House Government Friday, October 7, 2005 blues motivated, challenged, and empowered Reform Committee, Congressmen TOM DAVIS Mr. RANGEL. Mr. Speaker, I rise today to the young poet to document Black American and HENRY WAXMAN. I thank the gentlemen for pay my recognition and respect to the extraor- culture in his writings. Wilson describe this their assistance. dinary contributions of the world renowned I would also like to thank Majority Leader epiphany as the ‘‘Universe stuttered and ev- playwright August Wilson who died October 2, erything fell to a new place . . . I cannot de- TOM DELAY, Democratic Leader NANCY 2005 of liver cancer. Mr. Wilson was a Tony scribe or even relate what I felt . . . it was a PELOSI, and Democratic Whip STENY HOYER Award winner and two time Pulitzer Prize win- for their help in bringing this bill to the floor. birth, a baptism, a resurrection, and a redemp- Mr. Speaker, this special tribute is long ner whose plays not only chronicled and cap- tion all rolled up in one. It was the beginning overdue. In fact, in June 2003, the Berkeley tured the harsh realities African American fam- of my consciousness that I was a representa- City Council passed a resolution recom- ilies faced throughout the 1900s, they have tive of a culture and the carrier of some very mending the post office naming. I am pleased provided insight into Black life, depicting its valuable antecedents . . . I had been given a that we will finally honor Maudelle Shirek struggles to overcome discrimination and pov- world that contained my image . . . The ideas today. erty with dignity and nobility amidst the pain of self-determination, self-respect, and self-de- Maudelle Shirek was Berkeley’s 94-year-old and the struggle that all communities are able fense . . . are still very much a part of my life former vice mayor. Until last fall, Maudelle was to appreciate. His plays poetically depict the as I sit down and write. I have stood [these one of California’s longest-serving elected offi- effects of slavery and oppression on Black ideas] up in the world of Bessie Smith on the cials. Americans in every decade of the 20th cen- ground captured by the Blues. Having started As one of my political heroes, she continues tury, and show that despite the harshness of my beginning consciousness there, it is no to fight for equality and social justice for all. life, this crucible produced great strength and surprise that I would mature and my efforts She not only helped me get involved in politics resilience that have enabled us to overcome. would come to fruition on that same ground.’’ but also inspired my predecessor, Congress- August Wilson was born on April 27, 1945 As a result he established two organizations man Ronald V. Dellums, to run for Congress. as Frederick August Kittel, in Pittsburgh, that promoted Black American writing: the Her understanding of the importance in invest- Pennsylvania. He later changed his name Center Avenue Poets Theatre Workshop, and ing in people has won the solid support of vot- after his father left out of respect for his moth- Black Horizons. Plus, he continued writing ers in her district and admirers around the er. Mr. Wilson grew up on ‘‘the Hill,’’ which plays chronicling different experiences that world as an international leader for peace and was a predominantly Black and poor neighbor- Afiican Americans faced. justice. hood in Pittsburgh. It was the daily experi- His big break was the debut of the 1982 A granddaughter of slaves, Maudelle left her ences of this African American community that play ‘‘Ma Rainey’s Black Bottom,’’ the first of rural Arkansas home and came to California in inspired the content of his plays. At 13 years a 10-drama series that would chronicle each the middle of World War II. Before long she of age he moved to predominantly White Ha- decade of the Twentieth Century, which was campaigning for fair housing and other zelwood, but he did not forget the unique cul- premiered at Broadway’s Cort Theater on Oc- civil rights for African Americans. She helped ture of the Hill, especially when he had to suf- tober 11, 1984. Set in Chicago in 1927, the found two Berkeley senior centers, and until fer the racial taunts in Hazelwood. The racial play focuses on White record companies’ ex- her health started to slow her down, she discrimination that Wilson faced led Wilson, at ploitation of Black musicians. This play mir- helped deliver meals to shut-in seniors; or if it the age of 15 to drop out of high school be- rored the images and positions that African was a Tuesday, did all the shopping for cause his teacher couldn’t believe that a Black Americans faced in a society dominated by lunches at the New Light Senior Center, which student could create a well written term paper White racism. The beauty of the play, grabbed she founded nearly 30 years ago. and accused him of plagiarism. This however, national attention earning Mr. Wilson several Mr. Speaker, Maudelle Shirek entered elect- did not impede his thirst for knowledge or his Tony nominations, and the New York Drama ed politics in 1983 after being forced to retire love for writing. With diligence and self dis- Critics Circle Award. ‘‘Fences’’, however, a from a senior center simply for having reached cipline, August Wilson continued his education play depicting a 1950s Black family’s personal the age of 72. Soon after her election to through self-study at Carnegie Library. He and economic issues, grossed a record $11 Berkeley City Council, she helped end the dis- began reading Black literature and other Black million in a year, which broke the record for criminatory policy of mandatory retirement in works, like Richard Wright, Langston Hughes, nonmusical plays. As a result, Wilson became Berkeley city agencies. Ralph Ellison, and Arna Bontemps. The Chicago Tribune’s Artist of the Year; the Maudelle refuses to accept arbitrary limita- His hopes of becoming a writer were quickly play won the New York Drama Critics Circle tions. It is one of the things we all respect challenged when his mother urged him to be- Award for Best Play, four Tony Awards for about her. Maudelle remains one of the best come an attorney. Disapproving of his dreams Best Play, Best Director, Best Actor and Best examples of how one person can make a dif- for a writing career, his mother forced him to Featured Actress; and a Pulitzer Prize for ference. leave the house. In 1963, Mr. Wilson enlisted Drama. Finally, ‘‘The Piano Lesson,’’ inspired

∑ 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 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.001 E07OCPT1 E2046 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 by Romare Beardon’s painting illustrated fam- Seattle, where he wrote plays, big, gar- even liked to seek out actors and ask them ily conflict over an heirloom built by a slave rulous, angry, lyrical, ponderous, often beau- what else they needed from him. ancestor. This 1986 play earned the New York tiful plays, in an office in his basement. He He had a reputation for feistiness and a went public with his terminal liver cancer a certain amount of ego. The talk of the the- Drama Critics Award, the Tony for Best Play, little more than a month ago and when he ater world in 1997 was his Manhattan debate the Drama Desk Award, the American Theatre did, he came forward with a breathtaking se- with Robert Brustein, the director, critic Critics Outstanding Play Award, and the Pul- renity. He pronounced himself prepared for and founder of Harvard’s American Rep- itzer Prize for Drama. Wilson’s subsequent what was coming. ‘‘I’ve lived a blessed life,’’ ertory Theatre, over their disagreement plays continued to receive accolades and he told the Pittsburgh Post-Gazette, the about whether a theater exclusively devoted awards, solidifying his position in American paper of the city of his birth, the metropolis to Black experience is desirable. Wilson was Theatrical history. that served as backdrop for many of his a passionate advocate of Black theater, and August Wilson was not only a champion of major plays. ‘‘I’m ready.’’ the evening at Town Hall stands as the last He cannot, of course, have been content to Black America by representing and dignifying occasion on which a philosophical theater ar- leave his family, especially his 8-year-old gument grabbed headlines. African American culture during a time when it daughter, Azula, whom he proudly told me When I sat down with him late last year, wasn’t otherwise appreciated; he was a pio- last December was writing her own plays. Wilson seemed anything but combative. He neer in the world of literature and theatre. Al- Work-wise, however, he may have been ex- was in a pleasant frame of mind, as a play- though his body is no longer with us, his work pressing a measure of relief, in that he had wright might be with the work of grinding and his impact on American History will con- satisfied the exacting requirements of the out a play completed. The play was ‘‘Gem of tinue on for posterity. On October 17, Broad- towering assignment he had given himself: a the Ocean,’’ set in 1904, which as a result be- way’s Virginia Theatre will be renamed the Au- cycle of 10 plays, one set in each decade of came the prologue of the cycle he’d been the 20th century. (‘‘Radio Golf,’’ the last one, writing for much of his professional life. gust Wilson Theatre in Mr. Wilson’s honor. His has yet to reach New York; its regional As it happens, the first in the chain was final play, ‘‘Radio Golf’ is scheduled to be pro- debut comes at Center Stage in Baltimore in the last he’d ever get to see on Broadway. duced on Broadway during the 2006–2007 March.) The chain he’d long promised, and true to his season. Mr. Wilson is survived by his wife, Not that he was exactly through with writ- word, the chain he delivered. ing. In an interview over breakfast at a diner Constanza Romero; their daughter, Azula, 8, f and an adult daughter from a previous mar- in the Edison, the modest Times Square riage, Sakina Ansari. tourist hotel that was his longtime New HONORING MAUREEN BUFALINO York base, he revealed that he was working AS SHE RECEIVES THE ATHENA I submit to you an article from the October on a comedy whose milieu now seems 4, 2005 edition of the Washington Post, illus- AWARD FROM THE WILKES- heartbreakingly prescient: Pittsburgh coffin BARRE CHAMBER OF BUSINESS trating the type of man and impact August Wil- makers. son had on this country. His dramas are connected by a palpable AND INDUSTRY [From the Washington Post, Oct. 4, 2005] sense of geography, usually, a rambunctious district of Pittsburgh; by the mordant THE CYCLE OF AUGUST WILSON’S LIFE HON. PAUL E. KANJORSKI humor of characters who spit at hardship; by OF PENNSYLVANIA (By Peter Marks) an eye that seemed to see a story taking The death of August Wilson does not sim- shape in every soul. They also reveal the IN THE HOUSE OF REPRESENTATIVES ply leave a hole in the American theater, but acumen of Wilson’s ear in the cross currents Friday, October 7, 2005 a huge, yawning wound, one that will have to of language that flow from his characters as wait to be stitched closed by some expansive, if pouring out of deep, lustrous, meandering Mr. KANJORSKI. Mr. Speaker, I rise today poetic dramatist yet to emerge. canals. to ask you and my esteemed colleagues in the To say that Wilson was the greatest Afri- He wrote for authentic-sounding stage House of Representatives to pay tribute to can American playwright the nation has pro- creatures, and yet his dialogue might have Maureen Moran Bufalino, regional president of duced—as some inevitably do—is to limit the found a place in novels. ‘‘Now I’m gonna Omega Bank in Wilkes-Barre, Pennsylvania, scope of his significance as a contributor to show you how this goes, where you just a the country’s dramatic heritage. Wilson on the occasion of her receiving the pres- leftover from history,’’ Toledo, the piano tigious Athena Award presented annually by wrote scathingly about racism, yes, in ‘‘Ma player, tells the other Black musicians in Rainey’s Black Bottom,’’ and the indelible dialect in ‘‘Ma Rainey’s Black Bottom.’’ The the Wilkes-Barre Chamber of Business and In- scars of slavery, in ‘‘The Piano Lesson’’ and play, set in the 1920s, was the first of Wil- dustry. ‘‘Gem of the Ocean.’’ He also wrote about the son’s to make it to Broadway. It was an aus- Mrs. Bufalino is truly deserving of this honor Oedipal conflict of fathers and sons picious coming out. Wilson, wrote drama because throughout her career she has exem- (‘‘Fences’’) and the universal quest for the critic Frank Rich in the New York Times at plified what a true community leader should easy score (‘‘Two Trains Running’’). His con- the play’s 1984 opening, ‘‘sends the entire be. cerns were as multifaceted as the hard- history of black America down upon our As a former president of the Junior League pressed people he wrote about. heads.’’ Over the past 20 years, Wilson had staked Wilson returned again and again to the of Wilkes-Barre, Mrs. Bufalino helped develop a legitimate claim to the title of nation’s idea of Black America’s unique historical in- many young women for volunteer service with- most important dramatist. During that time heritance, to reminders of how the South’s in the community. She has served as a role he won two Pulitzers and a Tony, and among peculiar institution was not at all a dead model for businesswomen through her work in his plays he polished off at least three that memory but a living shadow. As many other the banking industry. And despite her de- will rank among the classics: ‘‘Ma Rainey,’’ characters would in the Wilson pantheon, manding business schedule, she has still ‘‘Joe Turner’s Come and Gone’’ and ‘‘The Toledo offers in ‘‘Ma Rainey’’ his own home- found the time to volunteer and serve several Piano Lesson,’’ along with what will perhaps spun history lesson about the African dias- non-profit organizations and also raise three endure as his favorite with audiences: pora: ‘‘Fences,’’ the story of an embittered former ‘‘Everybody come from different places in children. baseball prospect, played on Broadway by Africa, right? Come from different tribes and She is also a charter member of Circle 200, James Earl Jones. things. Soonawhile they began to make one a regional executive women’s networking or- All this may not have meant as much as it big stew. You had the carrots, the peas, and ganization, and is a graduate of the Leader- did in the days when playwriting giants potatoes and whatnot over here. And over ship Wilkes-Barre program. roamed the countryside, when a new play by there, you had the meat, the nuts, the okra, Mrs. Bufalino serves as vice chair of Tennessee Williams or Arthur Miller or Eu- corn . . . and then you mix it up and let it CityVest Community Development Organiza- gene O’Neill had the power to galvanize pub- cook right through to get the flavors flowing tion, a group committed to revitalizing Wilkes- lic discourse, and even land an actor on the together. Then you got one thing. You got a cover of a national magazine. We’ve moved stew.’’ Barre’s downtown. She is a graduate of King’s away, sad to say, from the era of the stage as Wilson’s own favorite playwright was College. a truly vital pulpit. In the commercial Chekhov, and you can see how their theat- Mrs. Bufalino was also named one of the realm, Wilson’s plays were usually not mon- rical stews might simmer well together. Wil- top 20 executives under the age of 40 in 2001 eymakers. But the fact that he could con- son was a conjurer of characters, not an ac- by the Northeastern Business Journal, a wide- sistently count on clicking the ‘‘send’’ but- complished spinner of plot or master of com- ly respected business periodical in north- ton and having a play end up in the in box of pression. He was, in fact, legendary for writ- eastern Pennsylvania. ing one overlong draft after another, and Broadway—even in this lean and inhos- On a personal note, I have known Maureen pitable time for serious drama—stamps him working with a director—most successfully as a theater man of nothing but con- Lloyd Richards, head for many years of the and her family for decades. I know her parents sequence. Yale School of Drama—who could help him Jack and Maureen are extremely proud of her Wilson died ludicrously young on Sunday, pare it down. A script was by no means com- success, not only as a well-respected profes- at the age of 60 in his adoptive home town of plete once rehearsals began, he told me. He sional, but also as a dedicated community

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.003 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2047 leader and loving mother. It has been a pleas- Mayor Bacci was first elected to represent to others and heart—and his legacy will for- ure to watch her develop into such a fine lead- the Village as a member of Council, a position ever resound throughout the Village of Cuya- er for the next generation. he held for 16 years. He then went on to hoga Heights, and throughout our entire com- Mr. Speaker, please join me in congratu- serve as mayor for 29 years. Titles, awards munity. lating Mrs. Bufalino on this notable occasion. and accolades held no significance for Mayor Her spirit and generosity repeatedly propels Bacci—his family, friends and Village family al- f her into positions of leadership wherever she ways did. Mayor Bacci’s easy-going nature, goes. An outstanding and highly talented kindness, limitless generosity, sense of humor, HONORING THE ACHIEVEMENTS OF woman, she is a model business and civic vision and insight drew others to him and his JUDGE FERNANDO GAITAN, JR. leader who epitomizes all the qualities re- advice was consistently sought after by every- quired for a recipient of the Athena Award. one—from the neighbor down the street, to big Our community in northeastern Pennsylvania city mayors. HON. EMANUEL CLEAVER Unlike many candidates, Mayor Bacci never is far better off because of Mrs. Bufalino’s self- OF MISSOURI less service. spent money on campaign literature. Rather, IN THE HOUSE OF REPRESENTATIVES f he discussed his intent along the sidewalks and on front porches throughout the Village, IN RECOGNITION OF THE SOUTH- offering his homegrown tomatoes and lively Friday, October 7, 2005 EASTERN MICHIGAN VETERANS conversation. Mayor Bacci was the heart and Mr. CLEAVER. Mr. Speaker, I proudly rise STAND DOWN 2005 EVENT soul of Cuyahoga Heights, and he afforded today in recognition of the achievements of every person the same respect and attention, Judge Fernando Gaitan, Jr., an important resi- HON. THADDEUS G. McCOTTER regardless of their social or political status. dent of the 5th Congressional District of Mis- OF MICHIGAN Mayor Bacci’s tireless efforts in all areas of souri, and current United States District Judge IN THE HOUSE OF REPRESENTATIVES local government served to elevate the well- for the Western District of Missouri. Judge being of every resident and business owner Friday, October 7, 2005 Gaitan was recently inducted into the Missouri within Cuyahoga Heights. His dedication to the Walk of Fame, during a reception as part of Mr. MCCOTTER. Mr. Speaker, I rise today youth of the Village was reflected throughout the Congressional Black Caucus Foundation’s to recognize the efforts of the dedicated volun- his service as council member and mayor. Annual Legislative Conference, an event held teers of the Southeastern Michigan Veterans Mayor Bacci’s work and focus on education is to honor the achievements of African-Ameri- Stand Down organization in helping homeless reflected in the students and faculty of Cuya- cans who have made significant contributions veterans. hoga Heights School District and is recognized to Missouri. Stand Down assists homeless veterans, by throughout Ohio. His creation of college schol- working with area service providers, in secur- arship programs within the district has given Judge Gaitan graduated from Pittsburg ing housing, suitable employment and training, numerous students an opportunity to achieve State University in 1970, and earned his law helping them return to the mainstream of life’s their academic goals. Cuyahoga Heights degree from the University of Missouri at Kan- day-to-day activities. School District is ranked as one of the best in sas City—where he was member of the Law On October 19–20, Southeastern Michigan Ohio. Review. Judge Gaitan served first as a state Stand Down will host a community event Mayor Bacci’s work on behalf of local and trial judge for the Sixteenth Judicial Circuit in geared towards giving homeless veterans the regional development, environmental preser- Kansas City, Missouri. He then went on to opportunity to begin the process of regaining vation and job retention has positively affected serve as an appellate judge on the Missouri their self-esteem and their hope. Organized the entire region. A founding member of the Court of Appeals-Western District. He was ele- Stand Down events across the country have Northeast Ohio Regional Sewer District vated to the federal bench in 1991 by then- helped thousands of homeless veterans since (NEORSD), Mayor Bacci was able to coalesce President George H. W. Bush. By the appoint- 1988. the commitment and support of suburban ment of then Chief Justice William Rehnquist, In conclusion, Mr. Speaker, I ask my col- mayors and county leaders to unite our region he also served in the Federal-State Jurisdic- leagues to join with me today to extend our for the common good. tion Committee of the Judicial Conference sincere appreciation and gratitude, and to rec- The long-term success of NEORSD under- from 1997–2003. ognize the outstanding and selfless volunteers scores Mayor Bacci’s strength in leadership. With a great desire to share this incalculable who organize the Stand Down events each NEORSD provides efficient and low cost sani- knowledge and experience with others in the year because they are guided by the Stand tary and water services to millions of residents community, Judge Gaitan serves as adjunct Down motto: ‘‘For Honor, Duty and Country throughout Cuyahoga County. Moreover, the professor at the University of Missouri-Kansas . . . We Leave No Veteran Behind.’’ focus of NEORSD has also extended to the City School of Law. In addition, he is a mem- restoration of our local environment by ear- f ber of many non-for-profit boards as well as marking billions of dollars to fund successful IN HONOR AND REMEMBRANCE OF cleanup projects that have succeeded in re- local, state and national bar associations. MAYOR LOUIS J. BACCI storing and preserving our local river and wet- Throughout his career, Judge Gaitan has land ecosystems. been noted for his steadfast judicial prudence. HON. DENNIS J. KUCINICH Mr. Speaker and Colleagues, please join me His rulings have been noted for their fairness OF OHIO in honor, gratitude and remembrance of Mayor and adherence to the letter and intent of the IN THE HOUSE OF REPRESENTATIVES Louis J. Bacci—an exceptional man and car- law. His scholarly approach to judicial deci- Friday, October 7, 2005 ing leader whose life profoundly affected the sions coupled with his fundamental commit- lives of millions. Mayor Bacci’s passing marks ment to equality and equity are well regarded Mr. KUCINICH. Mr. Speaker, I rise today in a deep loss for countless individuals who across the federal judiciary. honor and remembrance of Mayor Louis J. called him friend—including me. His brilliant Bacci—devoted family man, accomplished For those reasons and more, it was indeed legacy of community progress tempered with an honor and privilege to recognize Judge community leader, entrepreneur, United States preservation will be remembered always by veteran and admired friend and mentor. For Gaitan at the Missouri Walk of Fame recep- the people of Cuyahoga Heights and by peo- tion, hosted by myself and fellow colleague, 45 years, Mayor Bacci’s vision, integrity and ple in neighboring communities throughout love for his constituents reflected throughout Missouri Representative William Lacy Clay of Cuyahoga County and beyond. Moreover, it St. Louis. the Village of Cuyahoga Heights and miles be- was the power of his kindness, grace, tenacity yond. and heart that uplifted our entire community. Mr. Speaker, please join with me in ex- Mayor Bacci was born and raised in Cuya- I extend my deepest condolences to Mayor pressing our appreciation to Judge Gaitan and hoga Heights and lived in the same house his Bacci’s beloved wife, Lillian; his beloved chil- his endless commitment to serving the resi- entire life. His parents instilled in him a clear dren, Charlotte, Laura, Juliann, John, Jack, dents of the State of Missouri. He is a true sense of service to others and an unwavering and the loving memory of John Louis and role model not just to the African-American devotion to family, friends and community— Louis John; his 12 grandchildren and 10 great- community in Missouri, but to the entire Afri- qualities that defined his public service and grandchildren; and to his extended family and can American community at large. May his framed his life. He consistently went above many friends. success serve as a stepping stone for many and beyond the ‘call of duty,’ and was always Mayor Bacci’s life and good works will serve other African-Americans eager to be just as willing to assist an individual or family in need. as an ageless example of leadership, service successful in their endeavors.

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A07OC8.006 E07OCPT1 E2048 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 TRIBUTE TO MONTGOMERY NATIONAL FORESTS REHABILITA- needs to improve for the sake of protecting COUNTY TION AND RECOVERY ACT OF our communities and public lands. 2005 Mr. Speaker, the National Forests Rehabili- tation and Recovery Act represents a bal- HON. CHRIS VAN HOLLEN anced and collaborative approach to post-dis- OF MARYLAND HON. TOM UDALL OF NEW MEXICO turbance rehabilitation. I am pleased to intro- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES duce my legislation today with my colleagues Friday, October 7, 2005 Mr. NICK RAHALL and Mr. RAUL GRIJALVA. I Friday, October 7, 2005 urge my other colleagues to support this bill Mr. VAN HOLLEN. Mr. Speaker, I rise today Mr. UDALL of New Mexico. Mr. Speaker, so that we can promote a collaborative ap- to commend Montgomery County for its out- today I am introducing legislation to authorize proach to restoring forest ecosystem health standing efforts in the digital Government pro- the Forest Service and Bureau of Land Man- and diversity following unusually intense dis- gram. The Montgomery County website re- agement to carry out five collaboratively cre- turbances. cently received two awards and an honorable ated pilot projects dealing with post-disturb- mention at the Best of the Awards Ceremony f ance rehabilitation. held by the Center for Digital Government in For those communities that remain at risk PERSONAL EXPLANATION Las Vegas, Nevada. from wildland fire or other disturbances, it is The digital government program has been important to consider, in advance, scenarios HON. BARBARA LEE tremendously successful, and it continues to for rehabilitation should a wildland fire, insect OF CALIFORNIA provide County residents with easier and more infestation, hurricane, or other disturbance IN THE HOUSE OF REPRESENTATIVES convenient ways to take care of County busi- event occur. The National Forests Rehabilita- Friday, October 7, 2005 ness. tion and Recovery Act does just that—this leg- Ms. LEE. Mr. Speaker, on September 29, Mr. Speaker, Montgomery County’s website islation promotes pro-active planning and col- provides a valuable service to our community 2005 I was unable to vote during rollcall votes laboration to accelerate the approval of reha- Nos. 502 to 508 as I had to attend a funeral and I would like to thank the website team for bilitation projects following uncharacteristic dis- their service and dedication to the residents of in my district. turbance events. Had I been present, I would have voted our community. The National Forests Rehabilitation and Re- ‘‘nay’’ on H. Res. 470, H. Res. 388, and H.J. covery Act will create five pilot projects for Res. 68. I would have voted ‘‘aye’’ on H. Con. f post-disturbance rehabilitation. Federal forest Res. 178. HONORING LINO MARCHETTI AS land communities can apply to participate in Also, I would voted ‘‘nay’’ on H.R. 3824, the HE IS NAMED PERSON OF THE the pilot program by meeting a number of dif- Threatened and Endangered Species Recov- YEAR BY THE ITALIAN AMER- ferent criteria, with specific consideration given ery Act of 2005 because in reality this bill is ICAN FOUNDATION OF LUZERNE to communities that have a proven track a threat to the recovery of endangered spe- COUNTY, PENNSYLVANIA record of working in a collaborative manner to cies in our Nation. However, I would have resolve natural resource issues. voted ‘‘aye’’ on the Miller substitute to H.R. This bill includes independent, third-party 3824. HON. PAUL E. KANJORSKI monitoring of the forest areas following reha- f OF PENNSYLVANIA bilitation operations to track the short-term and IN THE HOUSE OF REPRESENTATIVES long-term impacts of logging, replanting, JIMMY CARTER—A WARNING AGAINST AN ARCTIC FOLLY Friday, October 7, 2005 stream restoration, road removal, or other re- habilitation activities. The legislation further Mr. KANJORSKI. Mr. Speaker, I rise today creates a National Oversight Committee of sci- HON. CHARLES B. RANGEL to ask you and my esteemed colleagues in the entists to provide scientific and socioeconomic OF NEW YORK House of Representatives to pay tribute to Mr. monitoring and evaluation of the pilot program. IN THE HOUSE OF REPRESENTATIVES Lino Marchetti, of Exeter, Pennsylvania, on the The National Oversight Committee will submit Friday, October 7, 2005 occasion of being named ‘‘Person of the Year’’ reports to Congress on the short and long- by the Italian American Association of Luzerne Mr. RANGEL. Mr. Speaker, I rise today to term results of the pilot project. The results of bring to your attention and strongly endorse County, Pennsylvania. this report will allow Congress to make the the position taken by former president Jimmy Born in Bologna, Italy, Mr. Marchetti is the most informed decisions on post-disturbance Carter in support of the preservation of Amer- son of the late Samuel and Sylvia Parente rehabilitation in the future. ica’s greatest wildlife preserve. President Marchetti. Community collaboration has shown great Carter’s position was stated in his opinion edi- Mr. Marchetti served in the United States promise in resolving controversial issues be- torial article ‘‘Arctic Folly’’, in the Washington Army during World War II. He worked for fore Federal agencies. While I reserved con- Post, September 13, 2005. many years at Atlas Chain in West Pittston, cerns with the Healthy Forests Restoration Act President Carter criticizes a policy advanced Pennsylvania, and is a member of the United of 2003, Public Law 108–148, one good that by the Bush administration and adopted by the Auto Workers, AFL–CIO. came out of the legislation is that it recognized Congress in the energy legislation passed ear- An accomplished musician, Mr. Marchetti the promise in collaboration by encouraging lier this session which favors increased pro- serves as president of the American Federa- the development of community wildfire protec- duction of domestic oil over the protection and tion of Musicians, Local 140. He frequently tion plans. These plans have allowed commu- preservation of the environmental treasures provides musical entertainment for residents of nities across the country to work in a collabo- contained in the Arctic National Wildlife Ref- nursing homes and for patients at veterans rative manner to resolve natural resource uge and which do nothing to encourage the hospitals. issues concerning wildfire protection. preservation of oil. He is the adjutant of the American Legion, There is no doubt that an ounce of preven- President Carter states, ‘‘Now is a time to Post 833, and he serves as vice president of tion is worth a pound of cure. When Congress speak out for the ecological integrity of this the Italian American Association of Luzerne passed the Healthy Forests Restoration Act of unsurpassed 18-million acres wilderness. If we County. 2003, Congress clearly recognized the priority do not respect those acres, many species will Mr. Marchetti and his wife have been mar- of preventing wildfires through active thinning be affected.’’ This ‘‘Frozen Desert’’ as Mr. ried for 53 years. They are the parents of two of Federal lands in the wildland-urban inter- Carter describes it, is a rich Serengeti-like daughters and the grandparents of three face. It is just common sense that we need to haven of life; serving as a nursery for Cari- grandsons. invest more on the front end in the name of bous, polar bears, walruses and millions of Throughout his life, Mr. Marchetti has been fire prevention to avert major spending post- shore birds and waterfowl. Nevertheless, Mr. a good citizen, friend and neighbor whose fire. Carter warns that ‘‘. . . In a few months deeds have touched the lives of many in a While I believe that there were inadequacies Americans could lose this special and amaz- very positive manner. with the Healthy Forests Restoration Act, I do ing place through a backdoor legislative ma- Mr. Speaker, please join me in congratu- believe that we are being penny-wise and neuver . . .’’ lating Mr. Marchetti on this special occasion pound-foolish by cheating our budget for forest I strongly support Mr. Carter’s commitment that recognizes his service to his fellow man thinning. To date, forest thinning has not been to the preservation of the Arctic National Wild- and the community at large. funded even close to the level authorized. This life Refuge and I am glad to know that he is

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.011 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2049 asserting leadership to preserve this important Each fall Congress endeavors to combine such award ever presented to a county pros- legacy for our wildlife and future generations. budgetary directives covering the nation’s ecutor by the state. $2.5 trillion dollar annual budget in a single [From the Washington Post, Sept. 13, 2005] Having established a law firm with his broth- ‘‘reconciliation’’ decision. In a tricky ploy to er, Robert, who is now a Lackawanna County ARCTIC FOLLY avoid full debate, drilling advocates have (By Jimmy Carter) buried their despoil-the-Arctic goal in this Common Pleas Judge, Mr. Mazzoni remains engaged in the practice of law at the firm of Congress is about to make one of those big mammoth measure. So, conservation-minded decisions that marks an era. Unless wiser Americans must ask our elected representa- Mazzoni and Karam. heads prevail, it may do it badly—making tives to vote down any final budget rec- A former president of the Lackawanna the wrong decision in the wrong way and onciliation bill that would allow the sac- County Bar Association, Mr. Mazzoni is mar- about the wrong place. At stake is America’s rifice of our Arctic sanctuary. ried to the former Elaine Seckary. The couple great wildlife sanctuary, the Arctic National Now is the time to speak up for the eco- has four children and 11 grandchildren. logical integrity of this unsurpassed 18–mil- Wildlife Refuge. To dissaude Congress from Mr. Speaker, please join me in congratu- this environmental tragedy, Americans must lion-acre wilderness. Many Americans will be in Washington on Sept. 20 for the Arctic lating Mr. Mazzoni on this happy occasion. rally, and quickly. The quality of life in northeastern Pennsyl- Congress had its Pyrrhic energy victory Refuge Action Day rally on the Mall and to this summer, with a new energy policy that contact congressional representatives per- vania is better today because of the contribu- ignores much-needed conservation measures sonally. tions of men like Paul Mazzoni. If we are not wise enough to protect the and gives the oil industry large new tax f Arctic refuge, future generations will con- breaks regardless of where it drills and demn us for needlessly sacrificing the wilder- pumps. Surely Congress has done more than IN RECOGNITION OF THE 100TH ness of their world to feed our profligate, enough to increase the profits of the oil in- ANNIVERSAY OF THE CITY OF short-term and shortsighted energy habit. dustry. BELLEVILLE, MICHIGAN The pathway to a better, more sustainable Yet now, in a separate decision, the White energy future does not wind through the Arc- House and Big Oil are pressuring Congress to tic National Wtldlife Refuge. allow drilling rigs to rip into the ecological HON. THADDEUS G. McCOTTER heart of America’s preeminent wildlife sanc- f OF MICHIGAN tuary. We must not confuse this with HONORING ATTORNEY PAUL IN THE HOUSE OF REPRESENTATIVES Prudhoe Bay, which lies west of the Arctic Friday, October 7, 2005 refuge and is already an industrial landscape MAZZONI AS HE IS NAMED ‘‘MAN resembling Houston more than Yellowstone. OF THE YEAR’’ BY THE COLUM- Mr. MCCOTTER. Mr. Speaker, I rise today With increasing gasoline prices bringing BUS DAY ASSOCIATION OF in tribute to the City of Belleville, Michigan, economic hardship and concern to many LACKAWANNA COUNTY, PENN- which is celebrating the 100th anniversary of Americans, we must not be misled by oil lob- SYLVANIA its incorporation. byists who are trying to convince us that our Located on the southwestern fringe of the energy security is singularly dependent on sacrificing the Arctic refuge. They promote HON. PAUL E. KANJORSKI Detroit metropolitan area, in VanBuren Town- the false premise that development will OF PENNSYLVANIA ship, the City of Belleville was originally found- touch just a few thousand acres when, in IN THE HOUSE OF REPRESENTATIVES ed in 1820. The area was a small industry- fact, it would introduce roads and pipelines Friday, October 7, 2005 trade center in the early 1800s when farming spider-webbing across hundreds of thousands Mr. KANJORSKI. Mr. Speaker, I rise today and lumbering were the main occupations. of acres on the fragile coastal plain. Today, Belleville and Van Buren Township We cannot drill our way to energy security to ask you and my esteemed colleagues in the House of Representatives to pay tribute to At- make up a diverse community of approxi- or lower gasoline prices as long as our nation mately 40,000 residents and is home to sits on just 3 percent of world oil reserves torney Paul Mazzoni, of Lackawanna County, yet accounts for 25 percent of all oil con- Pennsylvania, who has been named ‘‘Man of Wayne County’s largest inland lake. The area sumption. An obvious answer is to increase the Year’’ by the Columbus Day Association of is enhanced by its homes, schools, churches, the fuel efficiency of motor vehicles, at least Lackawanna County. shopping centers, and industrial parks. to the level we set more than a quarter-cen- Mr. Mazzoni has enjoyed a very successful Mr. Speaker, I ask my colleagues to join me tury ago. career and has distinguished himself as a dy- in congratulating the people of Belleville as Instead, the administration recently pro- they celebrate their historic past. It is my hope posed a tiny increase in gas mileage for namic crime fighter during the years he served as special assistant attorney general and as this fine community will enjoy a long and pros- SUVs, miniVans and pickups. Not effective perous future. until the 2011 models, this would save about district attorney for Lackawanna County. one month’s current consumption of fuel The son of Italian immigrants, he was born f over the next 20 years—far less than will be in Carbondale, Pennsylvania. His father IN HONOR AND RECOGNITION OF saved in just one state by a new California worked in the coal mines and his mother la- JON AND KAREN SALERNO law. The new ruling offers automobile mak- bored in the factories. ers an opportunity to avoid the reductions A graduate of the University of Scranton, he by modifying the size of various models as received his law degree from Georgetown Uni- HON. DENNIS J. KUCINICH they persist in manufacturing gas guzzlers. OF OHIO It is not a coincidence that Moody’s has just versity Law School. downgraded the debt of General Motors and After serving as Census Director for the IN THE HOUSE OF REPRESENTATIVES Ford to junk status, while makers of effi- 10th Congressional District, he was named Friday, October 7, 2005 cient vehicles prosper. special assistant attorney general. Later, he I have been to the coastal plain of the Arc- worked for the Pennsylvania Department of Mr. KUCINICH. Mr. Speaker, I rise today in tic National Wildlife Refuge to study the Labor and Industry and, after that, as a work- tribute and recognition of Jon and Karen wilderness wildlife. Far from being the fro- men’s compensation judge. Salerno, united in marriage and united in their zen ‘‘desert’’ some suggest, this is a rich, Elected to two terms as district attorney, Mr. unwavering dedication to family, faith and Serengeti-like haven of life: nursery for car- Mazzoni prosecuted more cases of election community, as they are recognized by civic ibou, polar bears, walruses and millions of law violations than any previous DA in the his- leaders, friends and family for their significant shorebirds and waterfowl that migrate annu- contributions to our entire community, includ- ally to the Lower 48. To sit, as Rosalynn and tory of Lackawanna County. He also pros- I did, watching a herd of musk oxen circle-up ecuted a murder case involving two juvenile ing the Italian American community. In honor to defend their young and then to find your- victims that attracted the attention of a na- of their volunteerism, the Salerno’s have been self literally in the midst of thousands of tional magazine. chosen to serve as Grand Marshals of the caribou streaming by is to touch in a funda- He also broke up the largest interstate crime 2005 Cleveland Columbus Day Parade. mental way God’s glorious ark of teeming ring ever to operate in northeastern Pennsyl- Jon and Karen continue to dedicate their wildlife. vania. The case involved organized crime fig- personal time and talents to the promotion and We Americans use a lot-of energy, and mil- ures from New York and New Jersey and led preservation of Greater Cleveland’s rich Italian lions of us want to do so in a more efficient to solving a murder case and scores of bur- heritage by numerous community events and way that also allows us to cherish our dis- appearing wilderness heritage. In the Arctic glaries and robberies throughout the region. programs, including the annual Cleveland Co- refuge we cannot have it both ways. In the The case sparked the book ‘‘Marked to Die’’ lumbus Day Parade. Karen has focused her next few months Americans could lose this by Michael Brown. professional vocation in working to improve special and amazing place through a back- The Commonwealth of Pennsylvania award- the lives of families and individuals who face door legislative maneuver. ed Mr. Mazzoni a certificate of merit, the first life-long challenges of living with physical,

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.015 E07OCPT1 E2050 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 mental and emotional disabilities. Karen has ground. Gayle holds a BA in Political precision spectroscopy and optical frequency worked with the Summit County Board of Sciences, a Masters in Public Administration comb technique. His innovative techniques Mental Retardation and Developmental Dis- and a Ph.D. in Management and Applied have made it possible to carry out studies in abilities for more than 25 years and is cur- Technology. Professionally, she is the Presi- the stability of the constants of nature over rently the Senior Director of Medicaid Serv- dent and owner of G & H Consulting, LLC, time and to develop extremely accurate clocks ices. Jon is also an active member with the which has been in business for over 10 years, and improved GPS technology. Summit County Board of Mental Retardation. helping clients in the public, private and non- This is the third time a NIST researcher has In the 1970s, Jon led the effort to implement profit sector with strategic planning and busi- been awarded the Nobel Prize for Physics, new legislation that gave mentally challenged ness plan development. Additionally, under and I am proud to be a strong supporter of citizens the right to vote. President Clinton, Gayle was selected as one that important agency. I applaud Dr. Hall for Jon’s interest in public service began in of a small group of individuals to represent the his outstanding achievements in physics and I 1971, when he was elected to serve as Coun- transportation industry on the President’s tran- wish him continued success in the years cil Member with the Village of Moreland Hills. sition team. ahead. Since that time, local and national political Civically, Gayle serves on twelve boards in f candidates have sought after Jon’s political the Greater Kansas City area, with diverse in- wisdom and insight. Both Karen and Jon con- terests such as issues of healthcare, edu- HONORING SENATOR RAPHAEL J. tinue to volunteer their time as active mem- cation and economic development. Gayle has MUSTO AS HE RECEIVES THE bers and leaders of many local civic organiza- been happily and eagerly ready to help our LIFETIME ACHIEVEMENT AWARD tions, including many Italian American organi- community amassing more than 70 hours of FROM THE ITALIAN AMERICAN zations. community service each month. She is also a ASSOCIATION OF LUZERNE As president of Media, Italia, Inc., Jon has member of the church I pastor, St. James COUNTY, PENNSYLVANIA produced and hosted the ‘‘Memories from Methodist Church, and finds time to serve as Italy’’ radio program for more than 25 years. chair of the Pastor Parish Staff Relations HON. PAUL E. KANJORSKI Fifteen years ago, Jon led the effort to orga- Committee. OF PENNSYLVANIA nize the first WJCU radio-thon, an event that Dr. Holliday’s work on behalf of others IN THE HOUSE OF REPRESENTATIVES has raised thousands of dollars for the college reaches from behind the scenes to the Friday, October 7, 2005 radio station every year. Jon’s outreach efforts frontlines. In all of her activities, she dem- also extend directly to our most vulnerable citi- onstrates her dedication and commitment to Mr. KANJORSKI. Mr. Speaker, I rise today zens. He is also the Board Chairman for Alter- the greater food of others. Her high energy to ask you and my esteemed colleagues in the natives Agency, a community-based correc- pace translates directly to the results she is House of Representatives to pay tribute to a tional facility in Cleveland that has been rec- able to obtain for the benefit of all in our area. former colleague and current Pennsylvania ognized for its positive impact on individuals Regardless of whether she is in the trenches State Senator Raphael J. Musto on the occa- making the transition from incarceration to or the boardroom, her poise and thoughtful- sion of receiving the ‘‘Lifetime Achievement freedom. ness is ever present. Award’’ from the Italian American Association Mr. Speaker and Colleagues, please join me Throughout her life, Gayle Holliday has ex- of Luzerne County, Pennsylvania. in honor and recognition of Jon and Karen ercised a tireless belief in the principle of put- Senator Musto has had a distinguished ca- Salerno, for their exceptional commitment, ting ‘‘other’’ before ‘‘self.’’ But what separates reer in public service dating back to 1971 leadership and service focused on uplifting the Gayle from those who simply profess to hold when he was elected to the Pennsylvania citizens and culture within our community. a belief but do nothing to promote it, is that House of Representatives in a special election Their individual and united efforts within their she has put her principles to practice, and the to fill the unexpired term of office of his father, profession, and their volunteer work on behalf effects of her efforts can be felt throughout the the late State Representative James Musto. of the Italian American community and our en- Kansas City metropolitan area. That is why it Senator Musto was subsequently re-elected to tire community, continues to enhance our soci- was indeed an honor for me to be able to rec- four consecutive terms. ety and gives us all hope for a brighter tomor- ognize her during the CBCF’s Annual Legisla- In 1980, then-State Representative Musto row. I wish Jon and Karen Salerno, and their tive Conference. It is also why I am doubly won a special election to become the Con- grown children, Anthony, Jessica and Antho- honored to be able to recognize her here gressman representing the 11th Congressional ny’s wife, Gina, an abundance of health, hap- along with my colleagues, in the U.S. House District of Pennsylvania in the United States piness and peace today and always. of Representatives. While it is but a small ac- House of Representatives. f knowledgement for all of the work she has In November, 1982, he was elected to the RECOGNIZING THE ACHIEVEMENTS done, it is a heart-felt gesture, taking strength Senate of Pennsylvania to serve the 14th Dis- OF MS. GAYLE HOLLIDAY from the myriad lives she has touched in our trict. Senator Musto was subsequently re- hometown. elected in 1986, 1990, 1994, 1998 and 2002. HON. EMANUEL CLEAVER Mr. Speaker, please join me in expressing He served as Senate Democratic Caucus Sec- our appreciation to Dr. Gayle Holliday and her retary from 1997 to 2004, a leadership posi- OF MISSOURI tion. Senator Musto also serves as Democratic IN THE HOUSE OF REPRESENTATIVES commitment to helping others. She is a living testament to the unspoken principle that de- chairman of the Senate Environmental Re- Friday, October 7, 2005 fines unsung heroes: to be a great leader you sources and Energy Committee and chairman Mr. CLEAVER. Mr. Speaker, I proudly rise must be a great servant. of the Energy and Environment Committee of today in recognition of the achievements of Dr. f the Council of State Governments’ Eastern Gayle Holliday, a constituent of the 5th District Regional Conference, which encompasses 11 of Missouri which I am honored to represent. TRIBUTE TO 2005 NOBEL PRIZE IN States, five Canadian provinces, Puerto Rico For over thirty years Gayle has dedicated her PHYSICS WINNER, DR. JOHN HALL and the Virgin Islands. life to the Greater Kansas City, MO commu- Senator Musto is a charter member of the nity, promoting and improving socio-economic HON. CHRIS VAN HOLLEN Pittston Township Lions Club, a member of conditions, political empowerment and civil OF MARYLAND the Knights of Columbus, the Italian American rights of people of color. IN THE HOUSE OF REPRESENTATIVES Association of Luzerne County, the Sons of I recently had the opportunity to pay tribute Italy, the Greater Pittston Chamber of Com- to Gayle for her extraordinary commitment to Friday, October 7, 2005 merce, King’s College Alumni Association and community service. During the Congressional Mr. VAN HOLLEN. Mr. Speaker, it is with he is a life member of the Pittston Township Black Caucus Foundation’s 35th Annual Legis- great pleasure that I rise to commend Dr. Volunteer Fire Company. lative Conference, I had the privilege of nomi- John Hall, winner of the 2005 Nobel Prize in Senator Musto was honored by both King’s nating Gayle for the Congressional Black Cau- Physics. Dr. Hall is a scientist emeritus in the College and Wilkes University when the two cus Spouses’ Celebration of Leadership Un- Quantum Physics division of the National Insti- Wilkes-Barre institutions presented him with sung Hero Award. While this award carries no tute of Standards and Technology (NIST) and honorary doctorates of humanities and hu- monetary prize, it is no less a testament to her a Fellow at the Joint Institute for Laboratory mane letters, respectively. devotion to bettering our area. Astrophysics. In 2000, he was named Conservation Legis- Helping her both personally and profes- Dr. Hall has been recognized for his con- lator of the year and he received awards for sionally is her tremendous educational back- tributions to the development of a laser based excellence and distinguished service from the

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.019 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2051 National Association of Water Companies, the tribal organizations may directly request as- Since the beginning of this pandemic, over Pennsylvania Municipal Authorities Associa- sistance. Thus, States will have the flexibility 500,000 individuals have died in the United tion, the Ford Foundation and Harvard Univer- to set income-eligibility standards similar to the States, many of whom will be forever memori- sity. current eligibility for LIHEAP. The prices at alized through the ongoing AIDS Memorial Senator Musto is married to the former which the program triggers on and subse- Quilt project. Frances Panzetta and they are the parents of quently releases will then be set for each juris- The AIDS quilt stands as testament to the four children and seven grandchildren. diction through consultation between the Sec- strength and vitality of those who were On a personal note, it has been a pleasure retary of Health and Human Services and the claimed by this dreaded disease, but it also to work with Ray Musto on many issues of im- Secretary of Energy. charts the evolution of HIV/AIDS here in the portance to our mutual constituents. He has LIGAP is not meant to be a substitute for U.S. as well. epitomized the true American success story by the long-term energy solutions we all seek for The face of AIDS has changed dramatically encompassing strong family values, dedication our Nation. Each of us understands the neces- since the early days of the epidemic, and now to his community, and commitment to the sity of a comprehensive and balanced ap- people of color are overwhelmingly rep- democratic institutions of his community, his proach to energy development, but we must resented. State, and indeed, the Nation. He has been a realize that in every State there are hard- Today, there are over 1 million people living friend for more than half my lifetime. working people and elderly individuals whose with HIV/AIDS in the United States, 42 percent Mr. Speaker, please join me in congratu- monthly budgets are being overwhelmed by of which are African Americans, 20 percent of lating Senator Musto on this special occasion the cost of gasoline. While we must approach which are Hispanic. that recognizes the contributions he has made this country’s energy demand with the willing- Every year another 40,000 individuals get throughout his distinguished career in public ness to make the tough, long-range choices infected with HIV, over 50 percent of whom service. Clearly, Senator Musto has made a demanded of us, it is equally important that are African Americans, and 15 percent of positive difference in the quality of life for the we heed the immediate damage being caused which are Hispanic. citizens of northeastern Pennsylvania and we by the current high prices. We must show a The fastest growing categories of new infec- thank him for that. willingness to provide some comfort for those tions nationally are among African American f Americans who are most at risk. women and the Hispanic community. Mr. Speaker, we all recognize that people My district in Alameda County reflects the THE LOW-INCOME GASOLINE AS- are suffering and that something must be national averages, with African Americans rep- SISTANCE PROGRAM ACT OF 2005 done to help with the high cost of gasoline. I resenting over 50 percent of all new AIDS urge my colleagues to join us in this forward cases, and Hispanics 21 percent, and over the SPEECH OF thinking and comprehensive proposal. last 8 years the numbers for Hispanics have f shot up. HON. TOM UDALL Clearly we need to work harder to get the OF NEW MEXICO MS. SOLIS’S SPECIAL ORDER ON word out about HIV/AIDS, and we need to IN THE HOUSE OF REPRESENTATIVES LATINOS AND HIV/AIDS make sure that our communities have access Friday, October 7, 2005 to the resources they need. SPEECH OF That’s why I’m a proud original co-sponsor Mr. UDALL of New Mexico. Mr. Speaker, I HON. BARBARA LEE of Ms. SOLIS’s resolution supporting National rise today to introduce the Low-Income Gaso- OF CALIFORNIA Latino AIDS Awareness Day. We need to rec- line Assistance Program Act of 2005. I want to IN THE HOUSE OF REPRESENTATIVES ognize the fact that AIDS affects everybody, thank the original House cosponsors that have and the more than 76,000 Latinos currently liv- joined in this effort. Thursday, October 6, 2005 ing with AIDS are testament to that. Recent high gasoline prices are taking a se- Ms. LEE. Mr. Speaker, I rise tonight to join At the same time we must also recognize rious toll on American’s pocketbooks. The the Gentlewoman from California, my col- the work of national and community based or- monthly budgets of hard-working, low-income league Ms. Solis, to talk about the Ryan White ganizations, like the Latino Commission on families are currently dominated by the unex- CARE Act and the devastating impact of HIV/ AIDS, that are doing the work. In my district, pected price increases at the pumps. We all AIDS upon minority communities. organizations like La Clinica de La Raza, must do our part to conserve fuel and reduce I want to thank my colleague for her leader- AIDS Project East Bay, SalvaSIDA, CALPEP, our national demand for petroleum and I ap- ship in organizing this event as we approach and SMAAC, deserve to be recognized for plaud those individuals who have begun or the third anniversary of National Latino AIDS their efforts to reach out to Hispanic and Afri- continue to walk, bike or take public transpor- Awareness Day on October 15th. As the lead- can American communities alike. tation on a daily basis. Unfortunately, not all er of the Congressional Hispanic Caucus’s It is their work that drives us here in Con- people have these options. Due to lack of Health taskforce, I know she is a forceful ad- gress to demand more funding for commu- available public transportation, people living in vocate for ending the racial and ethnic health nities of color dealing with HIV/AIDS. And rural areas are often forced to commute to ev- disparities that continue to plague both our that’s why we established the Minority AIDS eryday activities by automobile. The Low-In- communities. Initiative in 1998 with President Clinton. come Gasoline Assistance Program Act or Mr. Speaker, 15 years ago, a young and As a key complement to the Ryan White LIGAP is designed to assist American families courageous boy by the name of Ryan White CARE Act, the Minority AIDS Initiative plays a most affected by high fuel prices. inspired members of this body and people all critical role in supporting outreach and capac- LIGAP is modeled after the successful over the country to come together out of com- ity building in minority communities. LIHEAP program that helps low-income citi- passion to destigmatize HIV/AIDs, and to pro- As we work to re-authorize the CARE Act, zens pay for seasonal heating and cooling. In vide medical care and support services to we must strengthen the Minority AIDS Initia- short, LIGAP calls for qualifying recipients to people living with this dreaded disease. tive and ensure that the needs of minorities receive $25–$75 per month for 3 months to The passage of the Ryan White Com- are being met. pay for gasoline. Additionally, another 3 prehensive AIDS Resources Emergency That means we need a strong and robust months’ benefit will be made available if prices (CARE) Act in 1990 provided hope for thou- primary prevention approach that differentiates do not soften. LIGAP will allow States and trib- sands of Americans afflicted with HIV/AlDS, messages between race, ethnicity, gender, al organizations to make grants to low- and and signaled the beginning of a sustained sexual orientation and identity, and age. fixed-income individuals and families who Federal response that has now grown to over We also need to make sure to build in hous- have no option but to drive at least 30 miles $2 billion a year. ing and supportive services to provide con- a day, or 150 miles per week for work, school, The Ryan White CARE Act has been reau- tinuity of care for all individuals infected with or medical care to defray the cost of pur- thorized twice so far, first in 1996, and then in HIV—especially in minority communities. chasing gasoline. States are also encouraged 2000. Each time we have remembered Ryan That means providing convenient access to to use their welfare reform block grant to pro- for his courage and his compassion and we case management, dental care, mental health vide transportation stipends to parents who have remembered countless others who have therapy, psychosocial support, and drug and meet the same distance standards. needlessly become infected by this dev- alcohol treatment while we try and address the This measure will enable States to operate astating disease and who still needed our needs of people living with HIV/AIDS. the program through their Community Action help. As we move to re-authorize the CARE Act, agencies or welfare departments. Additionally, Now it is time to do it all over again. we must also ensure full funding for the AIDS

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.022 E07OCPT1 E2052 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 Drug Assistance Program (ADAP), the Hous- gain for better wages and improvements in Pentz graduated from Mercersburg Academy ing Opportunities for People with AIDS pro- working conditions. They wanted to unionize. and served in the United States Navy for 2 gram (HOPWA), and the Minority AIDS Initia- This was considered the first serious effort to years. tive. unionize the Pullman Company. In retaliation, He attended and graduated from Princeton Each of these programs is critical to ad- the company fired union members, put fear in University and the University of Michigan Law dressing the needs of people living with AIDS the men by threatening them with tougher as- School. and to addressing the needs of those who are signments, assignment cuts, or termination. After practicing law in New Haven, Con- most vulnerable, and they deserve our sup- However, to no avail. A. Philip Randolph and necticut, for 3 years, he moved to Monroe port. the Brotherhood of Sleeping Car Porters con- County where he later established his own law I hope that with this effort today we can tinued to fight for their right to unionize. In office in Stroudsburg where he specialized in begin to take some concrete steps to move 1935, 12 years after they started their fight real estate law, administration, corporate and forward with the re-authorization of the Ryan against the Pullman Company, the American commercial law and estate planning. White CARE Act. Federation of Labor reversed its previous posi- A member of Grace Lutheran Church where I want to thank my colleague again for orga- tion and voted to make them an international he was a former trustee and Sunday school nizing this discussion. charter. Two years later, the Pullman Com- teacher, he was the Pocono District Rep- f pany agreed to sit down with the Brotherhood resentative and District Chairman for Boy and they signed a contract. He then became Scouts of America. He is also a member of ASA PHILIP RANDOLPH heavily involved within the ranks of the AFL– the Kiwanis Club of the Stroudsburgs, the CIO, trying to build a mass movement by Monroe County Bar Association, Pennsylvania HON. CHARLES B. RANGEL working with and through trade unions. Bar Association and the American Bar Asso- OF NEW YORK The words and deeds of A. Philip Randolph ciation. IN THE HOUSE OF REPRESENTATIVES show us the unyielding strength of his lifelong Married to the former Connie Beers, of New Haven, Connecticut, the couple has three Friday, October 7, 2005 struggle for full human rights for African Amer- icans and all the disinherited of the Nation. He sons. Mr. RANGEL. Mr. Speaker, I rise today to believed that the condition of blacks in Amer- Mr. Speaker, please join me in congratu- present resolution H. Res. 179 giving homage ica were a symptom of a larger social illness, lating Mr. Pentz on this memorable occasion to one of America’s forgotten heroes, Asa an illness which is caused by an unfair dis- during which his peers are honoring him for Philip Randolph. A champion for workers’ tribution of power, wealth, and resources. Mr. his service to family and community for nearly rights and civil rights for African Americans, he Randolph left a legacy of activism and triumph a half century. The quality of life in north- has achieved many gains and survived many for all Americans to cherish. He fought long eastern Pennsylvania is enhanced by the sac- losses in his battles to achieve racial, social and hard to secure the rights of working class rifices and contributions of people like John and economic equality for all Americans. Americans regardless of race, color or creed. Pentz. Mr. Randolph was born in the post-Recon- His life and legacy was based on the principle f struction South on April 15, 1889 in Crescent that ‘‘Salvation for a race, nation or class must City, Florida. At the age of twenty-two, he come from within. Freedom is never granted; PERSONAL EXPLANATION moved to Harlem, New York to attend City it is won. Justice is never given; it is exacted College where he studied politics and eco- and the struggle must be continuous for free- HON. JEFF MILLER nomics, and soon joined the socialist party. dom is never a final fact, but a continuing OF FLORIDA During the onset of WWI, Mr. Randolph and evolving process to higher and higher social, IN THE HOUSE OF REPRESENTATIVES his friend Chandler Owen established a con- economic, political and religious relationships.’’ Friday, October 7, 2005 troversial magazine called ‘‘The Messenger,’’ A. Philip Randolph’s position, whether an at- which initiated his open stance against the titude toward the rights of workers to organize Mr. MILLER of Florida. Mr. Speaker, I would segregation of the military and other anti-war and collectively bargain for their terms and like to offer a personal explanation of the rea- sentiments. He believed that the statement conditions of employment; or his anti-war son I missed roll call Vote No. 508 on Sep- ‘‘making the world safe for democracy’’ was a stand, or a political position with an aim of tember 29, 2005. It was a suspension vote on fallacy and a tremendous offense to the intel- economic change, has consistently reflected H. Con. Res. 178, of which I am a cosponsor. ligence of Black Americans because at that his socialist ideals. He has always believed in Due to circumstances, I could not make it to time Blacks were being lynched and denied a movement based on the workers as the the floor for this vote. I respectfully request that it be entered into the right to vote, in the South especially, and main force, and has always been committed to the CONGRESSIONAL RECORD that if present, I were victims of segregation and discrimination the idea that a democratic redistribution of would have voted rollcall vote No. 508, recog- all over the Nation. WWI became the catalyst wealth is the first step toward greater freedom nizing the need to pursue research into the for his commitment to fight for the rights of all. for all people, Black as well as White. This is Although Mr. Randolph has done a lot for why I believe that Congress should support causes, treatment, and an eventual cure for the Civil Rights Movement, including initiating resolution H. Res. 179 expressing the sense idiopathic pulmonary fibrosis, supporting the the famous March on Washington which led to of the House of Representatives that A. Philip goals and ideals of National Idiopathic Pul- the signing of the Civil Rights Act of 1964, he Randolph should be recognized for his lifelong monary Fibrosis Awareness Week, ‘‘aye.’’ has done much more with concern for work- leadership and work to end discrimination and f ers’ rights and the labor movement. Employ- secure equal employment and labor opportuni- PERSONAL EXPLANATION ment, better wages and equal access are the ties for all Americans. only ways in which he believed the fight f HON. JANE HARMAN against discrimination and racism could be RECOGNIZING ATTORNEY JOHN OF CALIFORNIA won. Just before WWII, Mr. Randolph traveled PENTZ AS HE IS HONORED BY IN THE HOUSE OF REPRESENTATIVES throughout the Nation to unite African Ameri- THE MONROE COUNTY BAR AS- Friday, October 7, 2005 cans against discrimination, which shut them SOCIATION out of well-paying jobs in the factories. As a Ms. HARMAN. Mr. Speaker, due to travel result of his efforts, then President Franklin D. for official government business, I missed Roosevelt signed an order ending discrimina- HON. PAUL E. KANJORSKI votes on the House floor from Tuesday, Sep- OF PENNSYLVANIA tion in defense plant jobs. Once more in 1948, tember 27 to Thursday, September 29, 2005. IN THE HOUSE OF REPRESENTATIVES the power of persuasion and the justice of his I ask that the RECORD reflect that had I complaints convinced President Truman to Friday, October 7, 2005 been able to vote Wednesday, I would have sign an order calling for the end to discrimina- Mr. KANJORSKI. Mr. Speaker, I rise today voted ‘‘yea’’ on rollcall vote No. 501, final pas- tion not only in the armed forces, but also in to ask you and my esteemed colleagues to sage of the Department of Justice Appropria- federal and civil service jobs. pay tribute to Attorney John J. Pentz, Jr., on tions Authorization Act. His greatest accomplishment, however, has the occasion of being honored by the Monroe I also ask that the RECORD reflect that had been attributed to his leadership of the Broth- County, Pennsylvania, Bar Association for 48 I been able to vote Thursday, I would have erhood of Sleeping Car Porters. Initially, Ran- years of distinguished service. voted ‘‘yea’’ on rollcall vote No. 505, the Miller dolph was approached by a group of Black Born in Dubois, Pennsylvania, the son of amendment to improve H.R. 3824 through bi- Pullman porters who wanted the right to bar- the late Judge and Mrs. John J. Pentz, Mr. partisan compromise, and ‘‘nay’’ on rollcall

VerDate Aug 31 2005 08:33 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.025 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2053 vote No. 506, final passage of the Threatened National Latino AIDS Awareness Day is FREEDOM FOR RAU´ L ARENCIBIA and Endangered Species Recovery Act. about educating our communities and increas- FAJARDO f ing awareness. Too many Latinas in my State are not getting diagnosed until it is too late. HONORING THE 75TH ANNIVER- HON. LINCOLN DIAZ-BALART SARY OF THE HUNTING KIWANIS With increased awareness and action, we can OF FLORIDA CLUB DAY CARE CENTER save lives. IN THE HOUSE OF REPRESENTATIVES National Latino AIDS Awareness Day is a Friday, October 7, 2005 HON. NICK J. RAHALL II chance to salute the AIDS survivors, and Mr. LINCOLN DIAZ-BALART of Florida. Mr. OF WEST VIRGINIA make sure they have the services they need. Speaker, I rise today to speak about Rau´l IN THE HOUSE OF REPRESENTATIVES I urge my colleagues to reauthorize a stronger Arencibia Fajardo, a political prisoner in totali- Friday, October 7, 2005 and fully funded Ryan White CARE Act, which tarian Cuba. provides critical support for those affected by Mr. Arencibia Fajardo is a member of the Mr. RAHALL. Mr. Speaker, today, I honor a HIV/AIDS, and is often what keeps those with historic anniversary as the Kiwanis Day Care Lawton Foundation for Human Rights, the HIV/AIDS from falling through the cracks. Center in Huntington celebrates its 75th anni- Human Rights Friends Club, and a delegate of Through the help of the CARE Act, the inci- versary. This is without a doubt a one of a the 24th of February Movement. He is a dence of mothers transmitting HIV to their ba- kind day care center with a unique history. peaceful pro-democracy activist who has bies has decreased ten-fold. Almost half of all The center is the oldest day care facility in worked for basic human rights for the people West Virginia and is also the oldest contin- CARE Act beneficiaries are minorities. Without of Cuba. As an opponent of the tyrannical re- uous Kiwanis service project in the world. The a stronger commitment and increased funding, gime in Havana, he has faced constant har- Huntington chapter of the Kiwanis embodies Latinos will be left behind and lives will be assment and repression. their international motto ‘‘We Build’’ with the lost. According to Amnesty International, he was chapter’s dedication to building brotherhood, National Latino AIDS Awareness Day also arrested on December 6, 2002, along with fel- low opposition activists Dr. Oscar Elias Biscet camaraderie and community as displayed gives us a chance to thank those dedicated to and Mr. Virgilio Marante Guelmes. He was through building and maintaining a 75-year-old ending HIV/AIDS: the victims, the volunteers, summarily incarcerated in the grotesque totali- service project. The center is operated and the professionals, and the advocates. It is their tarian gulag for 3 months without trial. During sponsored by the Kiwanis Club of Huntington, tireless efforts and dedication that force our and President Bob Mauk has been doing a his unjust imprisonment, and after being re- country to be honest with itself. The progress leased, Mr. Arencibia Fajardo never wavered fantastic job for the organization. The center we have made so far would not have been started from a donated residence in 1930 and in his commitment to bring freedom, democ- possible without them, or the commitment of racy and human rights to the Cuban people. has since grown to a modern building with national and community organizations, that seven classrooms, a kitchen, offices and a Unfortunately, according to Amnesty Inter- provide culturally sensitive information and national, on May 18, 2004, Mr. Arencibia large, well equipped playground. services that are essential to helping Latinos Recently a formal ceremony was held where Fajardo was, in a sham trial, sentenced to 3 who suffer from the disease. several Kiwanian and government officials years in the totalitarian gulag for the ‘‘crimes’’ were on hand to offer congratulatory remarks But the battle against AIDS has not yet of ‘‘disrespect’’ and ‘‘resistance.’’ and give praise to the center’s 23 workers and been won. Approximately 40,000 new cases of According to CubaNetcom, Mr. Arencibia volunteers. The 72 children served daily by HIV are reported each year. Alarmingly, Con- Fajardo has a chronic cough, high fever, the Kiwanis Day Care Center were on hand to gress has slashed critical funding for programs throat infection, and has been confined in a sing Happy Birthday to the center during the that provide a comprehensive response to the cell without food and water. He is suffering in ceremony. I take great pride in knowing that a spread of the disease, and for years, our com- abhorrent conditions because he refuses to wonderful organization such as the Kiwanis munities have been asked to do more with accept the reality inflicted on the Cuban peo- has been working so hard for nearly a century less. This must stop. ple by the tyrant. Let us be very clear, the re- pression and tyranny practiced by the regime in Huntington to maintain a safe, fun and edu- A renewed investment in the fight against cational environment for the youth of the in Havana are incompatible with the demo- HIV and AIDS is critical to the future of this Mountain State. cratic values of the western hemisphere. country. Hispanic men, women, children, and Mr. Arencibia Fajardo is one of the many f families deserve better. On this National heroes of the peaceful Cuban democratic RESOLUTION RECOGNIZING THE Latino AIDS Awareness Day, let us renew our movement who are locked in the dungeons of THIRD ANNUAL NATIONAL commitment to the Latino community and to the dictatorship for their beliefs. They are sym- LATINO AIDS AWARENESS DAY ending HIV/AIDS. Let us reauthorize and fully bols of freedom and democracy who will al- fund the CARE Act, and let us give our com- ways be remembered when freedom reigns HON. ROBERT MENENDEZ munities the resources they need to fight this again in Cuba. OF NEW JERSEY disease. Mr. Speaker, Mr. Arencibia Fajardo is suf- IN THE HOUSE OF REPRESENTATIVES fering in a grotesque gulag because he be- lieves in freedom, democracy and human Friday, October 7, 2005 f rights. My Colleagues, it is absolutely unac- Mr. MENENDEZ. Mr. Speaker, today I am PERSONAL EXPLANATION ceptable that peaceful pro-democracy activists proud to rise and join my colleague, Con- are languishing in the depraved prisons of ty- gresswoman HILDA SOLIS, the chair of the rants. We must demand the immediate and Congressional Hispanic Caucus Health HON. ELTON GALLEGLY unconditional release of Rau´l Arencibia Braintrust, in recognizing the third annual Na- Fajardo and every prisoner of conscience in OF CALIFORNIA tional Latino AIDS Awareness Day, which will totalitarian Cuba. take place on Saturday, October 15, 2005. IN THE HOUSE OF REPRESENTATIVES f In my State of New Jersey, over 32,000 people are living with HIV or AIDS, and almost Friday, October 7, 2005 CELEBRATING THE OPENING OF 7,000 of them are Latinos. Unfortunately, THE NEW SAN MATEO HIGH Latinos are suffering disproportionately from Mr. GALLEGLY. Mr. Speaker, on Thursday, SCHOOL this disease. Latinos in New Jersey, like September 29, 2005, I was unable to vote on Latinos in the rest of the Nation, make up passage of H.J. Res. 68, making continuing HON. TOM LANTOS appropriations for Fiscal year 2006 (rollcall No. about 13 percent of the population, but 20 per- OF CALIFORNIA 507); and the motion to suspend the rules and cent of the AIDS cases. Many are uninsured IN THE HOUSE OF REPRESENTATIVES and unable to access adequate care due to agree to H. Con. Res. 178, recognizing the lack of transportation, language and cultural need to pursue research into the causes, Friday, October 7, 2005 barriers, or the fear of being stigmatized, treatment and an eventual cure for idiopathic Mr. LANTOS. Mr. Speaker, I rise today to among other reasons. Even more disturbing is pulmonary fibrosis (rollcall No. 508). Had I celebrate the opening of the new San Mateo the fact that 4 out of every 5 females living been present, I would have voted ‘‘yea’’ on High School and the dedication of the Thomas with HIV/AIDS are minorities. both measures. C. Mohr Clock Tower, in my Congressional

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.030 E07OCPT1 E2054 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 district. San Mateo High School has been on let us join them in their prayers for peace, jus- cisco, California. He received the Sixth Army the same property since 1927, but is being re- tice and equality. Let us not forget those of us, Commanding General’s Commendation, the built so that once again the splendor of the of all faiths, who are struggling, especially in Army Commendation Medal and the First Oak school and the extraordinary students who at- the wake of the devastating Hurricane Katrina Leaf Cluster. tend will be paired with the elegant architec- in the Gulf. Judge O’Brien practiced law at the O’Brien ture they so richly deserve. A new year is a symbol of hope and this and Miller law firm in Mount Pocono for 18 Mr. Speaker, the people of San Mateo year is no different. Today, we need to have years. His former partner, the Honorable Linda County agreed in the year 2000 that the six hope more than ever. Hope for less wars and Wallace Miller, is also a Common Pleas Judge high schools in the San Mateo Union High more diplomacy, hope for breaking racial bar- in Monroe County. School District were in need of repairs. Unfor- riers and coming together, and hope for re- As a practicing attorney, he conducted ex- tunately shortly after the renovation of San straint and modesty in the face of great chal- tensive litigation throughout 12 northeastern Mateo High School was initiated it became lenges. counties in Pennsylvania for many years. He clear that the existing structure was seis- Jewish people throughout the world join also had an extensive appellate practice in the mically unsafe. As a result of this discovery, their loved ones and friends to take part in a Supreme, Superior and Commonwealth the students and staff suddenly found them- traditional dinner where they enjoy sweet Courts. selves facing a complete reconstruction of foods such as apples and honey. These foods He was a member and chairman of a hear- their school and were moved into modular symbolize the notion of starting a new and ing committee for the Disciplinary Board of the classrooms, which have been used for the sweet year. Supreme Court from 1972 to 1980. past four years. Even many of the 10,000 Jewish Katrina In 1986, Judge O’Brien was elected to the The principal architect of the reconstruction evacuees got to celebrate this new year. In Monroe County Court of Common Pleas. He bonds for the San Mateo Union High School Houston, Rabbi Robert Loewy of Congregation was re-elected in 1996 and has presided over District and San Mateo High School is the Gates of Prayer led a service for 120 of these hundreds of civil and criminal jury trials. former superintendent Thomas C. Mohr. Now evacuees. Many of them had not seen each A member of the American Bar Association, hopefully enjoying a peaceful retirement, Su- other since the hurricane hit their communities Pennsylvania Bar Association and Monroe perintendent Mohr spent a distinguished 43- over a month ago. Such coming together after County Bar Association, he remains active in year career in public education, working as a a tremendously painful experience only serves numerous education and youth related organi- teacher, counselor, principal, district level ad- to show the resilience of America’s commu- zations in the community. ministrator and Superintendent. His strong nities and the necessity of maintaining them. Married for 43 years to his wife, Karin, the leadership and devotion to the school district I know my colleagues from both sides of the couple has seven children. led to the clock tower being named after him. aisle will join me in wishing a happy new year Mr. Speaker, please join me in acknowl- Like any construction project, there were to all Jews in my district, in our country and edging a remarkable career of public service. certainly bumps in the road during the past around the world—both in the Diaspora and in Judge O’Brien’s example of devotion to jus- four years but I was delighted to witness how Israel. May God continue to bless all of us as tice, faithfulness to family and community the whole community has come together we face some of the most difficult tests we service among our youth provides a wonderful around the school not only through voting for have ever been faced as a nation. role model for others to emulate. Judge a bond to revitalize the school but through Shana Tova Umetuka—Have a good and O’Brien can take justifiable pride in a job well groups such as the San Mateo High School sweet year! done. Foundation, Parent Teacher Organization, f f Booster Groups and Alumni, which raised funds for an open air amphitheatre and new RECOGNIZING JUDGE PETER J. INTRODUCTION OF LEGISLATION all-weather track, among other improved O’BRIEN AS HE IS HONORED TO AMEND THE INTERNAL REV- amenities. UPON HIS RETIREMENT BY THE ENUE CODE OF 1986 TO PROVIDE Mr. Speaker, I commend the community for MONROE COUNTY BAR ASSOCIA- THAT THE DEDUCTION FOR CER- undertaking the renovation and necessary TION TAIN ATTORNEY FEES SHALL BE seismic updates. The extraordinarily beautiful FULLY ALLOWABLE IN COM- building incorporates many parts of the historic HON. PAUL E. KANJORSKI PUTING BOTH TAXABLE INCOME AND ALTERNATIVE MINIMUM structure, down to murals and the ‘‘hap- OF PENNSYLVANIA TAXABLE INCOME hazardly placed bricks,’’ as the architect Paul IN THE HOUSE OF REPRESENTATIVES Bunton appropriately describes them. The new Friday, October 7, 2005 modern structure has expanded the size of the HON. WALLY HERGER school by 46,000 square feet, yet kept the his- Mr. KANJORSKI. Mr. Speaker, I rise today OF CALIFORNIA toric facade. After a somewhat arduous four to ask you and my esteemed colleagues in the IN THE HOUSE OF REPRESENTATIVES House of Representatives to join me in paying year project the 1425 students along with the Friday, October 7, 2005 faculty, staff and community as a whole tribute to the Honorable Peter J. O’Brien, from should be commended for their patience in the Court of Common Pleas, 43rd Judicial Dis- Mr. HERGER. Mr. Speaker, after 19 years seeing this important project through. On Oc- trict, Monroe County, Pennsylvania, on the oc- of legal challenges, the courts found the State tober 15, 2005, the school will officially be casion of his retirement. He is being honored of California responsible in an inverse con- dedicated and I ask my colleagues to join me by his peers at a special celebration on Sun- demnation for the failure of the Linda levee on in celebrating the opening of new San Mateo day, Oct. 16. the Yuba River, and ordered it to pay dam- High School and the Dedication of the Thom- A native of Pennsylvania, Judge O’Brien ages to victims of the 1986 Yuba County as C. Mohr Clock Tower. has been recognized by his peers as a man flood. Now, constituents in my northern Cali- who has accomplished much in his career. fornia congressional district are receiving their f Mark S. Love, president of the Monroe County long awaited just compensation. Unfortunately, CELEBRATING ROSH HASHANA Bar Association, has stated that the associa- an unforeseen consequence has arisen. De- tion is honored to be able to recognize Judge pending on the amount of an individual’s HON. CHARLES B. RANGEL O’Brien for his work and his service to the award, he or she may be subject to the alter- OF NEW YORK community. native minimum tax (AMT), due in part to the IN THE HOUSE OF REPRESENTATIVES A graduate of Villanova University, Judge portion of the individual’s judgment award paid O’Brien was admitted to the Bar of the Su- to attorneys in the form of fees. Friday, October 7, 2005 preme Court of Pennsylvania in December, Attorneys in the suit received their cut of the Mr. RANGEL. Mr. Speaker, I rise to recog- 1962. He attended Judge Advocate General’s judgment right off the top, payment for serv- nize the Jewish New Year or Rosh Hashana. School in 1963 and received his Military Jus- ices rendered, as ordered by the court’s deci- This is the 5766th year on the Jewish cal- tice Certification. He also attended several sion. The attorneys will owe regular tax on this endar. Rosh Hashana is the Hebrew phrase courses at the National Judicial College. payment. Unfortunately, the actual award re- which literally translates to ‘‘the head of the Judge O’Brien served as a captain in the cipients may also incur tax liability for this year.’’ Judge Advocate General’s Corps (U.S. Army) amount, effectively resulting in double tax- As the Jewish people of our great country from 1963 to 1966. He was Chief of Military ation—once when the attorneys pay taxes and and around the world celebrate this new year, Justice, Sixth Army Headquarters in San Fran- once if recipients incur AMT liability. Even

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K07OC8.001 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2055 though this is money my constituents never ments during their greatest time of need. Fre- from the Fish & Wildlife Service regarding the physically possessed, as currently written in quently, these loans have been forgiven and status of endangered species requirements on law no AMT relief can be granted. were treated as grants. Since this program their land. The Miller-Boehlert Substitute pro- Although there is no practical way to retro- was created in 1976, 60 loans have been dis- vides positive changes to the current ESA spectively address the tax treatment of the tributed. without reversing the progress that has been 1986 Yuba County flood victims, I believe their In 2000, arguing that they were too expen- made over the past 30 years. The bipartisan situation stands on its own as an example of sive, Congress placed a $5 million cap on substitute is not perfect legislation, but it is far the damaging impacts of the AMT on the these loans with the Disaster Mitigation Act of superior to H.R. 3824. American taxpayer. And the scope of the 2000. Needless to say, a cap of $5 million un- H.R. 3824 was introduced just last week problem is only getting worse. The AMT is not fairly penalizes larger communities or commu- and was marked up without any public hear- indexed for inflation, meaning that what was nities absolutely devastated by a disaster. ings, yet this legislation would most certainly conceived in 1969 as a way to compel the That is why we are introducing the Community rank as the most sweeping and significant wealthy to pay at least a ‘‘minimum’’ level of Disaster Loan Equity Act. This bill would re- change of environmental law in the past 3 taxes has increasingly become a burden to move the $5 million cap imposed by the Dis- decades. middle-class citizens. If the current AMT ex- aster Mitigation Act of 2000. Additionally, it I have grave concerns about provisions in emptions are allowed to expire, the number of would automatically cancel repayment of these the bill that would give political appointees the taxpayers subject to the AMT will increase loans and remove the limit of only providing power to remove species from the endangered from 3 million in 2004 to 21 million in 2006. up to 25 percent of total operating expenses list, and other drastic changes such as those Also staggering is the cost of proposed solu- if a disaster is declared an Incident of National which would take away critical habitat areas tions. In fact, the Treasury Department has es- Significance under the National Response that have been set aside for endangered spe- timated that by 2013, it would be less expen- Plan. This legislation is similar to legislation I cies. Habitat degradation is the leading cause sive to repeal the regular income tax than it introduced since the 107th Congress following of species decline, and this bill proposes to would to repeal the AMT. the major loss of tax revenues suffered by eliminate critical habitat designations. I do not Though I have long supported the outright New York City and State following 9/11. understand how eliminating protected areas repeal of the AMT, I believe it is equally im- f can result in greater protection of endangered portant to highlight the nature in which attor- species. ney fees can result in AMT liability, as they THREATENED AND ENDANGERED The Endangered Species Act may need an may for many of my constituents. For this rea- SPECIES RECOVERY ACT OF 2005 update, but we must not reverse course on son, today I am introducing two bills that significant progress and results for endan- would exempt attorney fees from the calcula- SPEECH OF gered species. We have a solemn obligation tion of AMT tax liability. The first would apply HON. BOB ETHERIDGE to maintain responsible stewardship of Amer- to AMT liability resulting from attorney fees in OF NORTH CAROLINA ica’s bounty, and this legislation would aban- don that responsibility. I urge my colleagues to certain floods that constitute natural disasters. IN THE HOUSE OF REPRESENTATIVES The second would apply to AMT liability result- vote against H.R. 3824, and to vote in favor of ing from attorney fees in general. Thursday, September 29, 2005 the balanced, bipartisan substitute legislation There is no easy fix to the problems en- The House in Committee of the Whole for ESA reform. countered by a growing number of Americans House on the State of the Union had under f due to the alternative minimum tax. It is my consideration the bill. (H.R. 3824) to amend hope that in the near future Congress will con- and reauthorize the Endangered Species Act HONORING THE LIFE AND ACCOM- structively respond to this problem, whether of 1973 to provide greater results conserving PLISHMENTS OF SAM and recovering listed species, and for other VOLPENTEST through overall repeal of this onerous tax, or purposes: through consideration of intermediate meas- ures such as these. Mr. ETHERIDGE. Mr. Chairman, today I rise HON. ADAM SMITH in opposition to H.R 3824, the Threatened and f OF WASHINGTON Endangered Species Recovery Act. Under the IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF COMMUNITY constitution, we are charged with securing this DISASTER LOAN EQUITY ACT OF country’s blessings not only for ourselves, but Friday, October 7, 2005 2005 for our posterity. This bill turns its back on our Mr. SMITH of Washington. Mr. Speaker, I posterity. rise to recognize the life and accomplishments HON. CAROLYN B. MALONEY The Endangered Species Act has been a of Sam Volpentest, who recently died after a OF NEW YORK model for the protection and preservation of lifetime of service to the citizens of Wash- IN THE HOUSE OF REPRESENTATIVES endangered species since 1973. When this ington state. legislation was first passed, many species in Although born in Seattle in 1904, Sam was Friday, October 7, 2005 this country were on the brink of extinction, best known for his work on behalf of the Tri- Mrs. MALONEY. Mr. Speaker, Representa- and many more were in severe decline. ESA Cities in the Eastern part of our state. From tives JEFFERSON, MELANCON, GRIJALVA, CROW- is essential to safeguard our natural resources the time he moved there in 1948, Sam was a LEY, SERRANO, MEEKS and I are introducing and ensure the biodiversity that is critical to a respected member of the regional community, the Community Disaster Loan Equity Act. healthy environment for all species, including operating a variety of businesses and co- We have all seen the headlines this week human beings. ESA is a great American suc- founding the Tri-Cities Nuclear Industrial that the Mayor of New Orleans has been cess story that should only be altered with the Council, now TRIDEC, to foster development forced to lay off 3,000 municipal employees greatest of care. in the Richland, Kennewick and Pasco com- because the city of New Orleans can not pay In the 30 years since the passage of the munities. He served as president of the Rich- them as a direct result of reduced tax reve- Endangered Species Act, we have seen an land Chamber of Commerce and the Richland nues following Hurricane Katrina. There are a amazing turnaround in both the population Kiwanis, and said his greatest I achievement number of other towns, counties and parishes numbers of species that were in decline, as in 40 years as a registered lobbyist was hav- up and down the Gulf Coast in similar situa- well as in the significant environmental im- ing the Pacific Northwest National Laboratory, tions. provements that have fostered their recovery. an Energy Department science lab, built in the Realizing that communities hard-hit by a I acknowledge the concerns of landowners Tri-Cities. major disaster frequently suffer a dramatic de- and fanners about the current law, and I agree Sam served as a mentor to many Members crease in tax revenues accompanied by a dra- that the current law needs to be reformed. of our state’s Congressional delegation, and I matic increase in expenses, the Robert T. This is why I support the Miller-Boehlert sub- will always remember the energy and commit- Stafford Disaster and Emergency Assistance stitute bill. The substitute helps small land- ment he demonstrated when I worked with Act allows FEMA to make loans to states and owners by dedicating funding for technical as- him as a Member of the Armed Services Com- local communities to assist with lost tax reve- sistance for private property owners, and it mittee. When I first worked with Sam, I re- nues. This act prevents a community from provides conservation grants for landowners member a man in his mid–90s who worked having to drastically cut essential services who help conserve endangered species on harder on his issues than anyone else. His en- and/or increase taxes as they recover from a their property. Finally, it provides assurances thusiasm and knowledge of the issues affect- disaster. These loans stabilize local govern- that private citizens will get timely answers ing the Tri-Cities provided this region with a

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.038 E07OCPT1 E2056 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 respected voice advocating its interests in discrimination, President John F. Kennedy ap- Res. 68. I would have voted ‘‘aye’’ on H. Con. Congress. pointed Mr. Marshall to the U.S. Court of Ap- Res. 178. Our state’s delegation will miss the insight peals for the Second Circuit. As a Federal Also, I would voted ‘‘nay’’ on H.R. 3824, the and perspectives of this community leader. Court judge Thurgood Marshall wrote over 150 Threatened and Endangered Species Recov- The Tri-Cities—and indeed all of Washington decisions including support for immigrants’ ery Act of 2005 because in reality this bill is state—will always remember the commitment rights, limiting government intrusion in cases a threat to the recovery of endangered spe- and dedication of Sam Volpentest. involving illegal search and seizure, double cies in our nation. However, I would have f jeopardy, and right to privacy issues. As U.S. voted ‘‘aye’’ on the Miller substitute to H.R. Solicitor General, Mr. Marshall won 14 of the 3824. PERSONAL EXPLANATION 19 cases he argued in front of the Supreme f Court on behalf of the government. Through HON. BOB INGLIS this position he represented and won more HONORING ST. NICHOLAS ROMAN OF SOUTH CAROLINA cases before the Supreme Court than any CATHOLIC CHURCH IN WILKES- IN THE HOUSE OF REPRESENTATIVES other American. Therefore it was befitting that BARRE, PENNSYLYANIA, AS IT Friday, October 7, 2005 in 1967 Lyndon B. Johnson appointed him to CELEBRATES ITS 150TH ANNI- VERSARY Mr. INGLIS of South Carolina. Mr. Speaker, the Supreme Court, making Thurgood Mar- on rollcall nos. 512, 513, and 514, I was un- shall the first African American to be a Su- avoidably detained. Had I been present, I preme Court Justice. HON. PAUL E. KANJORSKI Throughout his tenure as a Supreme Court would have voted ‘‘aye.’’ OF PENNSYLVANIA Justice, Marshall was a strong advocate for IN THE HOUSE OF REPRESENTATIVES f equal rights under the law. He strongly be- Friday, October 7, 2005 THE THURGOOD MARSHALL lieved that integration was the only route to COMMEMORATIVE COIN ACT achieving equal protection for all. Once indi- Mr. KANJORSKI. Mr. Speaker, I rise today vidual rights were accepted, blacks and whites to ask you and my esteemed colleagues in the HON. CHARLES B. RANGEL could rise or fall based on their own ability. House of Representatives to pay special trib- ute to St. Nicholas Roman Catholic Church of OF NEW YORK However, Justice Marshall believed that the Constitution was inherently defective in its ac- Wilkes-Barre, Pennsylvania, which is cele- IN THE HOUSE OF REPRESENTATIVES ceptance of slavery, and he made it clear that brating its 150th anniversary on Oct. 16, 2005. Friday, October 7, 2005 while legal discrimination had ended, there A century and a half ago, a small group of Mr. RANGEL. Mr. Speaker, I rise today to was more to be done to advance educational German immigrants joined together to form a ask Congress to please join me in cospon- opportunity for people who had been locked church where they could worship in the tradi- soring H.R. 1433, the Thurgood Marshall out and to bridge the wide canyon of eco- tions instilled in them by their ancestors and Commemorative Coin Act to commemorate nomic inequity between blacks and whites. provide a religious education for their children the life and legacy of the Honorable Thurgood Therefore he was a very strong advocate for and for the generations to follow. Marshall, one of America’s distinguished Civil programs such as Affirmative Action, pref- Their effort took root and quickly flourished. Rights leaders and the first black Associate erences, set-asides and other race conscious Soon, a small wooden church appeared to Justice of the Supreme Court. policies. provide a place to worship and then a school. Like Martin Luther King Jr., Malcolm X and Although Thurgood Marshall worked most of Both structures filled quickly and the need to many more, Thurgood Marshall led a civil his life on behalf of the rights of African Ameri- build even larger facilities was evident. rights revolution in the twentieth century that cans, he built a structure of individual rights In 1883, the congregation started construc- forever changed the landscape of American that became the cornerstone of protections for tion on a magnificent Gothic edifice that re- society. Working through the courts to eradi- all Americans. He succeeded in creating new mains to this day and can accommodate up to cate the legacy of slavery and destroying the protections under law for women, children, 1,200 worshippers at a given service. racist segregation system of Jim Crow, he had prisoners, and the homeless. Justice Marshall In 1913, anew, larger elementary parochial an even more profound impact on race rela- ‘‘refused to acquiesce in outdated notions of school was constructed to accommodate an tions than many of his peers in the Movement. ‘liberty’, ‘justice’ and ‘equality,’’’ and worked to ever growing number of students. A high As the leader of Legal Defense Fund of the better them. Therefore, as we now experience school was incorporated in 1928, and an audi- National Association for the Advancement of the process of appointing a new Supreme torium and gymnasium were built in 1930. Colored People (NAACP), Mr. Marshall won Court Justice, let us remember the life and The Sisters of Christian Charity, organized Supreme Court victories breaking the color legacy of Supreme Court Justice Thurgood in Germany, joined St. Nicholas Parish as the line in housing, transportation and voting, all of Marshall. For his strength and struggle has school teachers in the early 1870s and they which overturned the ‘Separate but Equal’ contributed greatly to American history and his remain in a leadership role to this day. A new apartheid, which was the oppressive reality of impact on the Supreme Court fully represents convent was built to accommodate their needs American life for Blacks from emancipation to the true essence and purpose of our Constitu- in 1963. the 1960’s. It was Marshall who was the mas- tion. The old church rectory was torn down in termind behind the strategies which won the I believe it is most appropriate at this time 1971 and a new residence was built and com- most important legal case of the century, in our national history to recognize and honor pleted by June, 1972. Brown v. Board in 1954, which ended the Thurgood Marshall in a special manner. That The parish steadily acquired adjacent prop- legal separation of black and white children in is why I have introduced a bill to authorize the erties over the years and, today, occupies public schools and initiated the dismantling of minting of a special coin in honor of Thurgood nearly an entire city block bounded by Wash- the legal framework which supported segrega- Marshall. I submit the text of my proposal leg- ington Street, Pennsylvania Avenue and the tion. The success of the Brown case sparked islation for the CONGRESSIONAL RECORD and South Street Bridge. the 1960’s Civil Rights Movement. ask for the support of its early consideration Now home to more than 1,300 families, the Marshall’s first major case in 1933 deseg- and passage. parish maintains more than 40 thriving organi- regated the University of Maryland and initi- f zations that minister to all segments of the ated his long and distinguished career as the PERSONAL EXPLANATION congregation and the larger community near- most notable civil rights attorney in American by. history. Heavily involved with the NAACP, Mr. Although in existence for 150 years, the par- Marshall navigated through the court system a HON. BARBARA LEE ish has had only six pastors, including Mon- OF CALIFORNIA series of cases to legally challenge the laws signors Peter Nagel, Charles Goeckel, Cyriac IN THE HOUSE OF REPRESENTATIVES that sought to legitimize the denial of constitu- Staib, Francis Schmitt, Joseph Meier and Jo- tionally guaranteed civil rights to African Amer- Friday, October 7, 2005 seph Rauscher. icans. He was even invited by the United Na- Ms. LEE. Mr. Speaker, on September 29, Mr. Speaker, please join me in congratu- tions and the United Kingdom to help draft the 2005, I was unable to vote during rollcall votes lating St. Nicholas Parish on the occasion of constitutions of both newly formed Ghana and Nos. 502 to 508 as I had to attend a funeral its 150th anniversary. A landmark in central Tanzania. in my district. city Wilkes-Barre for a century and a half, St. As a result of the success of many of his Had I been present, I would have voted Nicholas Church is well known for much more Supreme Court challenges to state sponsored ‘‘nay’’ on H. Res. 470, H. Res. 388, and H.J. than just a striking physical presence in the

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.041 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2057 heart of the community. It has been a shining Mr. Speaker, Felix Bedolla, a Northern Cali- Since 1996, Daly City has benefited from example of a faith community that ministers to fornia native, has served in multiple leadership the public service of Sal Torres, the city’s first its own while reaching out with a welcoming roles in the arts, education, and youth men- elected Latino official. Through his various of- hand to the larger community in a myriad of toring. Mr. Bedolla is the program director of fices in Daly City, including mayor, vice mayor ways. The pastor and parishioners of St. Nich- Aldea/Nuestra Esperanza, which is a Latino and city council member, Mr. Torres has olas Church have much about which to cele- Multi-Service Center offering drug, alcohol and shown exemplary leadership in transforming brate and be proud. We extend to them a mental health counseling and treatment serv- the city into a family and children friendly hearty wish for continued success as a bea- ices, parent support groups, Latino youth men- place. He dedicated the Bayshore Community con of spiritual inspiration to those throughout toring programs, and gang violence suppres- Center for the use of the Mid-Peninsula Boys the greater Wyoming Valley. sion programs. and Girls Club as well as several parks. Dur- f Carlotta del Portillo, the Dean of the Mission ing his years of service Daly City ranked Campus of City College of San Francisco, has among the top 10 safest cities with popu- THREATENED AND ENDANGERED facilitated access to educational opportunities lations exceeding 100,000. SPECIES RECOVERY ACT OF 2005 and has developed vocational job training pro- The efforts of Elizabeth Quiros as the Presi- grams, which have provided a great assist- dent of the San Mateo County Hispanic SPEECH OF ance to many Hispanic Americans. Through Chamber of Commerce have helped countless HON. RICHARD W. POMBO her service in city government and community Hispanic Americans in my district. Her organi- OF CALIFORNIA groups, Dr. del Portillo has had a positive and zation works as an information resource and IN THE HOUSE OF REPRESENTATIVES lasting effect on human rights, education, the provides networking and expansion opportuni- Thursday, September 29, 2005 Fire Department, the role of women in the Fire ties for all its members. The success of the Department, national parks, and so much Hispanic Chamber of Commerce in promoting The House in Committee of the Whole more. Hispanic business, under Ms. Quiros’s, influ- House on the State of the Union had under Mr. Speaker, Joel Garcia has also centered consideration the bill (H.R. 3824) to amend ence manifested in the Chamber’s recognition and reauthorize the Endangered Species Act his career on helping others. Specifically, Mr. as the 2004 Small Hispanic Chamber of the of 1973 to provide greater results conserving Garcia contributes to his community by secur- Year. Ms. Quiros has worked tirelessly to and recovering listed species, and for other ing access to health and human services to identify the needs of the Hispanic Community purposes: the needy. Joel serves as the Chief Executive and ensuring equity in the treatment of His- Mr. POMBO. Mr. Chairman, regarding the Officer of the Tiburcio Vasquez Health Center, panic Americans. Judicial jurisdiction under H.R. 3824, the Inc., a non-profit, federal-qualified community Mr. Speaker, the problems that the Hispanic United States District Court shall have jurisdic- health center that provides primary care health community faces with the Nation as a whole tion over an action by a requestor arising over services in southern Alameda County. He are daunting. According to the latest data and a written determination under Section 12(d) or plays an influential role in academia by pub- statistics from the Centers for Disease Control a claim for aid under Section 13 of the Threat- lishing research on health law, policy, and ad- and Prevention, Latinos represent 14 percent ened and Endangered Species Recovery Act, ministration. of the population of the United States but ac- including the determination of the documenta- I would like to underscore the contributions count for 20 percent—over 164,000—of AIDS tion of the foregone use and the fair market of my friend, Pedro Gonzalez, who has de- cases nationally. AIDS-related illnesses rep- value thereof. voted his life to the city of South San Fran- resent the fourth leading cause of death cisco for many years. As a public servant, he f among Latinos between 25 and 44. In order to has served as a council member and mayor. promote awareness and prevention, I support CELEBRATING HISPANIC Through his career, he has worked for afford- the 3rd Annual National Latino AIDS Aware- HERITAGE MONTH able housing, childcare assistance for low-in- ness Day on October 15, 2005. We need to come families, national parks, community continue to work toward legislation to help His- HON. TOM LANTOS service, recreation, and education among panic Americans. OF CALIFORNIA many other issues. As president and co-found- This month our Nation can take a long look IN THE HOUSE OF REPRESENTATIVES er of Historical Old Town Homeowners and back at the myriad of contributions that the Renters Association, Pedro implemented the Hispanic community has offered and continues Friday, October 7, 2005 ‘‘Siempre Adelante’’ program, an informational to offer. Hispanic Heritage Month also helps Mr. LANTOS. Mr. Speaker, I rise today to program for the community on parenting and us renew our focus on difficult issues that face honor and celebrate with my amazingly di- civic participation. this community: racial profiling, affordable verse constituents in the 12th Congressional In addition to those honored by KQED, I housing, language barriers, and unfair immi- District of California Hispanic Heritage Month. wish to further single out many other deserv- gration policy. I am grateful that September 15th through Oc- ing leaders who have contributed so much to Mr. Speaker, this vibrant part of our commu- tober 15th has been set aside to commemo- my community. These are the giants of gov- nity offers an array of perspectives that are rate the extraordinary heritage and the signifi- ernment and community service who work so firmly woven into the fabric of America, and I cant contributions that people of Hispanic de- tirelessly around the Penninsula. am extremely proud to serve as a representa- scent have made to the United States. Last year, my good friend, Jose´ Cisneros tive of a community that consists of so many Hispanic and Latino influence predates the was appointed by Mayor Gavin Newsom as great Americans. I encourage all Americans to establishment of our Nation and can be seen Treasurer for the City and County of San participate in this month of celebration. I invite in the discovery and founding, as well as the Francisco. I have known Jose´ for a long time, my colleagues to join me in recognizing the continued prosperity of America. The influence and as the City’s banker and chief investment contributions that Hispanic Americans have of Mexican Americans, Cuban Americans, and officer, the City of San Francisco is in very made to our Nation. every other American of Hispanic descent, has able hands. Jose´ Cisneros received his Bach- f enriched our country. Currently, 26 Hispanic elor of Science from Sloan School of Manage- Americans serve in the House of Representa- ment at the Massachusetts Institute of Tech- THREATENED AND ENDANGERED tives, and two serve in the Senate. In every nology (MIT) and studied for his MBA at Bos- SPECIES RECOVERY ACT OF 2005 war in American history, Hispanic Americans ton University. SPEECH OF have displayed valor and courage. Over 1.1 Mr. Speaker, the County of San Mateo is million Hispanic Americans have served in the lucky to have Ortensia Lopez. As a resident of HON. ADAM H. PUTNAM U.S. armed forces. Indeed, 41 men of His- San Mateo County since 1975 and as the Ex- OF FLORIDA panic heritage have received the Congres- ecutive Director of the Concilio of San Mateo IN THE HOUSE OF REPRESENTATIVES sional Medal of Honor. County, she has helped to improve public Thursday, September 29, 2005 KQED, a nationally recognized public broad- health, energy efficiency, employment, job caster, has awarded the following four out- training, race relations, conditions for the dis- The House in Committee of the Whole House on the State of the Union had under standing individuals for their work in the com- advantaged, banking, and commerce. Ms. consideration the bill (H.R. 3824) to amend munity through the 2005 Latino Heritage Local Lopez was the first member of her family to and reauthorize the Endangered Species Act Heroes. They are but a few of the wonderful graduate from college and has won multiple of 1973 to provide greater results conserving people who have worked to make my commu- awards, including ‘‘Woman Who Could Be and recovering listed species, and for other nity great. President’’. purposes:

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.046 E07OCPT1 E2058 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 Mr. PUTNAM. Mr. Chairman, the intent of NUCLEAR MEDICINE WEEK Treatment of thyroid diseases and certain Sec. 25 of H.R. 3824, the Relationship Be- types of cancer. tween Section 7 Consultation and Incident HON. JAMES P. MORAN Brain imaging to investigate problems within Take Authorization Under Marine Mammal OF VIRGINIA the brain itself or in blood circulation to the Protection Act of 1972 is to clarify that when IN THE HOUSE OF REPRESENTATIVES brain. regulations set forth under the Endangered Friday, October 7, 2005 Renal imaging in children to examine kidney Species Act conflict with regulations set forth function. under the Marine Mammal Protection Act dur- Mr. MORAN of Virginia. Mr. Speaker, I rise Unfortunately, funding for nuclear medicine ing the review process for issuing dock per- today to remind my colleagues that October research is in jeopardy. The President’s FY mits, it is the regulations set forth under the 2–October 8 is Nuclear Medicine Week. Cele- 2006 Budget cut the Medical Applications and Endangered Species Act that are the gov- brated at hospitals, clinics, imaging centers, Measurement Science, MAMS, Program at the erning authority. educational institutions, and corporations Department of Energy, DOE, Office of Biologi- around the world the first full week of October f cal and Environmental Research, OBER, from each year, Nuclear Medicine Week encour- $37 million to $14 million and earmarked the HONORING HIS HOLINESS ARAM I, ages members of the nuclear medicine com- remaining funds for research unrelated to nu- CATHOLICOS OF THE ARMENIAN munity to take pride in their profession. clear medicine. The DOE has funded nuclear APOSTOLIC CHURCH I am proud to note that the Society of Nu- clear Medicine is headquartered in Reston, medicine research for over 50 years. Fortu- HON. GRACE F. NAPOLITANO Virginia in my congressional district. The Soci- nately, the House Energy and Water Appro- ety is an international scientific and profes- priations Subcommittee restored $35 million OF CALIFORNIA for the MAMS Program, but the Senate En- IN THE HOUSE OF REPRESENTATIVES sional organization of more than 15,000 mem- bers dedicated to promoting the science, tech- ergy and Water Appropriations bill is silent on Friday, October 7, 2005 nology, and practical application of nuclear this matter. It is vital that this small but highly Mrs. NAPOLITANO. Mr. Speaker, I rise medicine. I commend the Society staff and its successful program receive funding at the today on behalf of the second largest Arme- professional members for their outstanding House level in conference. The MAMS Pro- nian-American community in the state of Cali- work and dedication to caring for people with gram is directly responsible for the creation of fornia to welcome His Holiness Aram I, cancer and other serious, life-threatening ill- positron emission tomography, PET, and cur- Catholicos of the Armenian Apostolic Church. nesses that are diagnosed, managed, and rent research projects will create the next gen- We are honored that His Holiness will be vis- treated with medical isotopes via nuclear med- eration imaging procedures that will save lives. iting our state during his October pontifical icine procedures. I encourage my colleagues to support Nu- travels. Nuclear medicine is a medical specialty that clear Medicine Week and to support the Catholicos Aram I has served the Armenian involves the use of small amounts of medical House funding level for the MAMS Program so Apostolic Church with distinction since he was isotopes called ‘‘tracers’’ to help diagnose and that our nation will continue to be at the cut- consecrated as spiritual leader in July of 1995. treat a variety of diseases. These tracers are ting edge of life saving nuclear medicine and His major priority has been to reorganize and introduced into the body by injection, swal- imaging research. revitalize the work of the church, particularly in lowing, or inhalation. A special camera, called f the areas of theological education, cultural ac- gamma camera, detects the medical isotope in tivities, youth outreach, and the promotion of the target organ, bone, or tissue and forms an A STATEMENT ON TAIWAN peace, justice and human rights. Additionally, image that provides data and information NATIONAL DAY he has increased the social service work of about the imaged area of the body. This is the church, improving assistance to orphans, how nuclear medicine differs an x-ray, HON. JIM COSTA to vulnerable children, to the elderly, and to ultrasound or other diagnostic test—it deter- OF CALIFORNIA the disabled. mines the presence of disease based on func- IN THE HOUSE OF REPRESENTATIVES I am particularly grateful that His Holiness tion rather than anatomy. Friday, October 7, 2005 will be visiting the 38th Congressional District Nuclear medicine tests are safe and pain- on Oct. 8th, where he will attend a ceremony less and often identify abnormalities very early Mr. COSTA. Mr. Speaker, I rise today to at the Armenian Genocide Monument at in the progression of a disease—long before congratulate the people of Taiwan on the oc- Bicknell Park in the city of Montebello. This is some medical problems are apparent through casion of National Day on October 10. the only Armenian Genocide Monument to re- other diagnostic tests. This early detection al- The Republic of China (Taiwan) is our ally side on public property in the United States. It lows a disease to be treated in its beginning in the Pacific. Although it is a small island na- is a reminder to our communities of the hor- stages, which significantly improves the odds tion, it has a growing and progressive econ- rible atrocities that befell the Armenian people of a successful outcome. omy, providing its citizens with quality edu- 90 years ago, and the world’s continuing An estimated 16 million nuclear medicine cation, health care and affordable housing. In struggle against genocide wherever it occurs. imaging and therapeutic procedures are per- a recent survey conducted by the Geneva- Mr. Speaker, it is a special privilege to serve formed on 20 million individuals each year in based World Economic Forum, Taiwan was my constituency on the Committee on Inter- the United States. These procedures are a ranked first in Asia and fifth in the world in national Relations, which recently passed H. vital tool in the diagnosis and treatment of pa- terms of growth competitiveness. With its well- Con. Res. 195, Commemorating and Recog- tients with cancers of the brain, breast, blood, educated population, Taiwan is an ideal train- nizing the Armenian Genocide, and H. Res. bone, bone marrow, liver, lungs, pancreas, ing ground and place for business entrepre- 316, Affirming the United States Record on thyroid, ovaries, and prostate, as well as car- neurship. Much of Taiwan’s economic prowess the Armenian Genocide. H. Con. Res. 195 ac- diovascular disease, neurological disorders is directly attributable to Taiwan’s political sys- knowledges the systematic and deliberate an- such as stroke and Alzheimer’s disease, and tem. nihilation of 1.5 million Armenians by the Otto- kidney disease. A vibrant democracy, Taiwan’s history of de- Some of the more frequently performed nu- man Empire, and H. Res. 316 recalls the mocratization is an important example of how clear medicine procedures include: other countries can change. In 2 decades Tai- proud history of U.S. intervention in opposition Bone scans to examine orthopedic injuries, wan has peacefully transformed its political to the Armenian Genocide. I hope the full fractures, tumors or unexplained bone pain. House will have an opportunity to vote on and Heart scans to identify normal or abnormal system, from authoritarian to democratic gov- pass these important bills. The United States blood flow to the heart muscle, measure heart ernment, providing a role model for other non- Congress must honor the many survivors of function or determine the existence or extent democratic political governments in Asia. In the Armenian Genocide who have made our of damage to the heart muscle after a heart view of China’s growing military strength and nation and my district their home. attack. intentions, the best way to safeguard Asia’s Mr. Speaker, I ask my colleagues to join me Breast scans that are used in conjunction permanent peace and prosperity is to have all in welcoming His Holiness Aram I as he visits with mammograms to more accurately detect Asian countries join forces with other demo- the Armenian Genocide Monument in and locate cancerous tissue in the breasts. cratic countries in the world to form a global Montebello, CA. This will be a rare opportunity Liver and gallbladder scans to evaluate liver community of democracies. In the meantime, for the Armenian Apostolic community in my and gallbladder function. we hope democracy will take roots in China. district to hear from their spiritual leader. My Cancer imaging to detect tumors and deter- Taiwan’s successful democratic experience district, the Los Angeles region, and the state mine the severity (staging) of various types of proves that democracy can indeed thrive on of California are deeply honored by his visit. cancer. Chinese soil.

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.048 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2059 We also hope that in the months and years at the San Diego Youth Symphony’s Concerto experience, references, education, training ahead, Taiwan and China will reach a rap- Competition, and in 1999 another First Place and contributions to the profession. Since prochement of sorts. Taiwan has made efforts at the EI Camino Youth Symphony’s Concerto 1993, the association has recognized 954 pro- to expand cross-strait exchanges in the fields Competition. fessionals with the Certified Emergency Man- of journalism, information exchange, edu- Like his older brother, 14-year-old high ager designation. Sean Hughes is the third cation, culture and trade in endeavoring to fos- school freshman Hayato has an affinity for emergency management professional in ter mutual trust. Taiwan President Chen Shui- high notes of his own. Hayato’s 2005 First Tarrant County to receive the designation. bian has adopted a policy of reconciliation and Place finish at the Young Musicians Founda- I am proud to recognize Sean Hughes for goodwill toward China. I hope Taiwan Presi- tion’s 50th Annual National Debut Competition his accomplishments and to have him rep- dent Chen Shui-bian and PRC President Hu resulted in an invitation to play with the foun- resent the North Richland Hills Community Jintao will soon meet and discuss cross-strait dation’s symphony orchestra in Los Angeles, and the 26th District of Texas. issues. A unified China under the principles of California, in October of this year and again in f freedom, democracy and prosperity is the January of 2006. Hayato tied for Second INTRODUCING A BILL DESIG- dream of all peace-loving people. Place at the California International Young Art- NATING A POST OFFICE AFTER Again, congratulations to the people of the ist Competition last April. He won a Third LILLIAN KINKELLA KEIL Republic of China on their National Day. Place Award in the San Diego Youth Sym- f phony’s 2004 Concerto Competition, and he was declared a national semi-finalist at the HON. HILDA L. SOLIS OF CALIFORNIA RECOGNIZING KEITA AND HAYATO American String Teachers Association’s 2003 IN THE HOUSE OF REPRESENTATIVES ISHIBASHI Competition in Sacramento, California. During the latter competition, Hayato performed Con- Friday, October 7, 2005 HON. RANDY ‘‘DUKE’’ CUNNINGHAM certo No.1 by Niccolo Paganini and Concerto Ms. SOLIS. Mr. Speaker, I rise today to in- OF CALIFORNIA No.1 by Max Bruch. Both were recorded on troduce a bill designating a post office after IN THE HOUSE OF REPRESENTATIVES CD and are available through recorded music Lillian Kinkella Keil, the most decorated female Friday, October 7, 2005 sources. veteran in U.S. military history. Lillian Keil was Currently, Keita is concertmaster and first a long time resident of Covina, California, in Mr. CUNNINGHAM. Mr. Speaker, I rise to chair of the chamber and symphony orches- my Congressional District. recognize 2 young men whose musical talents tras at Rancho Bernardo High School, and Lillian Keil was born in 1917 in Arcata, Cali- are exceeded only by their commitment and Hayato is a new and welcome addition to the fornia, and raised in a convent. As she dedication. As a former high school teacher school’s music department. Each of them is watched the nuns take care of the sick, she and coach, I know how important it is to rec- pursuing his dream, and in so doing each of was drawn to nursing. She became one of the ognize the achievements of our youth. Keita them is setting an example for all of us. My first generation of stewardesses for United Air- and Hayato Ishibashi are role models for all sincere congratulations go to Keita and lines when many early flight attendants were who believe that creativity and hard work lead Hayato, and I wish you both continued suc- nurses. In 1943, she joined the Army Air to the American dream of success. Both are cess throughout your academic and musical Corps (which later became the U.S. Air Force) students at Rancho Bernardo High School, careers. as a flight nurse to serve in World War II. She and both are violinists of the highest caliber. rose to rank of Captain. f Only 16 years old, Keita has appeared sev- Captain Lillian Keil has been called an ‘‘Air- eral times with the San Diego Symphony. In CONGRATULATING SEAN HUGHES borne Florence Nightingale.’’ As a flight nurse, fact, he made his career debut with the San she helped to evacuate thousands of wounded Diego Symphony at the age of 13. Keita per- HON. MICHAEL C. BURGESS U.S. troops from the battlefields during World War II and the Korean War. She flew more formed for the last five summers at the Viana OF TEXAS than 425 combat evacuation missions, res- do Castelo International Music Festival in Por- IN THE HOUSE OF REPRESENTATIVES tugal, and he performed in the summer of cuing men who fought in the Battle of Bulge 2000 at an international music festival in Friday, October 7, 2005 and in Normandy during the D-Day invasion. Saluzzo, Italy. He has a resume´ that any mu- Mr. BURGESS. Mr. Speaker, I rise today to She also was part of a team that followed sical prodigy would be proud of. The high congratulate Sean Hughes who has recently General Patton’s army across France with car- school junior began playing the violin in been recognized by the International Associa- gos of crucial supplies. Captain Lillian Keil died of cancer at the age Tokyo, Japan, at the age of three on a 1/16th tion of Emergency Managers as a Certified of 88 earlier this year. Her life and decorated size instrument. At the age of four, Keita per- Emergency Manager. The designation is the service to our country serve as an inspiration formed publicly at a concert hall in Japan highest honor of professional achievement to current and future generations of Ameri- shortly before coming to the United States available from the international association, cans, particularly women serving in the U.S. with his family. It was not long before he which has more than 2,700 members. military. Through it all, Captain Lillian Keil won began attending international music festivals in Mr. Hughes has worked for the City of North the hearts and touched the lives of countless cities that included Seattle, Washington; Santa Richland Hills, in my home district since 1987. service members and their families. She never Rosa, California; and Aspen, Colorado. He has an Associate’s Degree from questioned what she needed to do and she Meanwhile, Keita’s younger brother Hayato Clackamas Community College, a Bachelors was proud of her service. was also starting to get his musical legs. Degree from the University of North Texas After serving her country, Captain Lillian Keil Hayato began taking violin lessons in the and is currently doing graduate work towards became an active member of various vet- United States at the age of four. Soon, he, a Master of Science in Emergency Manage- erans’ organizations. She was a member of too, began participating in the same music ment. the Veterans of Foreign War 8620 in West Co- festivals as his older brother. The purpose of Mr. Hughes is a Texas Certified Emergency vina, California, and the American Legion Post the festivals is to help young artists develop Manager, Master Firefighter, Master Arson In- 790 in West Covina. She also belonged to the their musicianship through an extensive cur- vestigator, Master Instructor and Advanced Chosin Few Veterans Military Organization. riculum that includes experience with master Peace Officer. He has completed the FEMA I am pleased that my colleagues from the classes, chamber groups, and orchestras. Professional Development Series and has re- California delegation have joined me in sup- The sons of Shinji and Akemi Ishibashi have ceived numerous awards including the Fire port of this bill. This legislation also enjoys enjoyed many high notes in their young musi- Department Medal of Valor. support at the local level. Both the City of Co- cal careers, and they include numerous pres- The emergency management certification vina and West Covina have expressed their tigious competitions. Earlier this year Keita program was developed by the International support for naming the post office located at won the First Place Award in the San Diego Association of Emergency Managers with 545 North Rimsdale in Covina, California, after Symphony’s Young Artist Competition, and he funding from the Federal Emergency Manage- Lillian Kinkella Keil. received an Honorable Mention Award at the ment Agency and guidance from an advisory My heart and my prayers go out to the fam- La Jolla Symphony’s Young Artist Competi- board. Candidates for the certification are re- ily and friends of Captain Lillian Keil, as well tion. At the La Jolla Symphony competition, viewed by a Commission of 19 respected pro- as to those who have lost their loved ones Keita was the youngest participant in a field of fessionals in the field and must complete a during these turbulent times. I urge my col- 25–to–30 young musicians. The oldest was written examination and management essay. leagues to join me in recognizing Captain Lil- about 23. Last year, Keita won the blue ribbon The commission considers each candidate’s lian Keil. This bill symbolizes the gratitude and

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.052 E07OCPT1 E2060 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 admiration we have for our nation’s soldiers Israel’s future boundaries sans the Palestinian During its 50th anniversary celebration, the who risk their life to defend our country. demographic trap, signaling with sacrificial chapter will honor 7 honorees: charter mem- f acts to the Palestinian Authority Israel’s abid- ber Susie W. Francis, Frances J. Chambers, ing interest in reaching a peace agreement Gwendolyn H. Welters, Dorothy J. Fields, RECOGNIZING A STATEMENT BY and its commitment to establishing a Pales- Ph.D.; Castell V. Bryant, Ed.D., Regina J. RABBI ISRAEL ZOBERMAN, SPIR- tinian state. The Israeli military is also freed Frazier, and Senator Frederica S. Wilson. ITUAL LEADER OF CONGREGA- from the cumbersome and expensive yoke of The Greater Miami Chapter lists among its TION BETH CHAVERIM IN VIR- guarding the Gaza settlers, attempting to pre- many accomplishments programs that bolster GINIA BEACH serve the genuinely Biblically connected major the arts, promote awareness of international blocks of West Bank settlements, assuring issues and multicultural events, and assist HON. J. RANDY FORBES greater Jerusalem’s Jewish destiny. young people in reaching their full potential. OF VIRGINIA This realistic Zionist vision comes with the Nationally, The Links, Inc. has grown to 274 IN THE HOUSE OF REPRESENTATIVES heavy and traumatic price of relocating Israelis chapters and approximately 11,000 members Friday, October 7, 2005 whose majority peacefully complies albeit with who reside in 42 states, the District of Colum- some understandable legal demonstration. bia, the Bahamas, Germany and South Africa. Mr. FORBES. Mr. Speaker, I rise today in However, a hard core minority with outside Mr. Speaker, 50 years after their founding, recognition of a statement by Rabbi Israel agitators seems bent on resisting the order to the members of the Greater Miami Chapter of Zoberman, spiritual leader of Congregation evacuate in spite of offered compensation, The Links, Inc. are a powerful force for Beth Chaverim in Virginia Beach, Virginia in even as we pray that in the moment of truth change in the South Florida Community. I recognition of the hope of peace created by the tragically unacceptable scenario of Jew thank them for all of their efforts, and wish recent Middle East developments. fighting Jew will be averted. To be sure, the them another successful 50 years of making a Israel’s historic disengagement from Gaza state’s authority properly carried out should positive impact in the lives of others. and parts of the West Bank has begun on Au- prevail to safeguard its very foundation. f gust 15, 2005. These unilateral acts by a What is described as Israel’s most fateful in- democratic Israel, though coordinated with the ternal test since 1948, will hopefully prove a DAYS OF AWE: FORGIVENESS, Palestinian Authority, approved by its govern- rallying point for reordering the only Jewish ATONEMENT AND PEACE ment and Knesset, and commanding a major- state’s priorities toward applying its limited re- ity in the Israeli public, are nonetheless painful sources to pressing economic, social and edu- HON. CHARLES B. RANGEL and controversial in uprooting thousands of cational needs along with focusing on the holy OF NEW YORK Israeli settlers from areas associated with Bib- as well southern Negev and northern Galilee, IN THE HOUSE OF REPRESENTATIVES lical Israel gained following the 1967 Six-Day without which an enduring Israel is truly at Friday, October 7, 2005 War. risk, quality-wise and physically. Paradoxically, that miraculous victory by a The Palestinian Authority has a golden op- Mr. RANGEL. Mr. Speaker, I rise to wish gravely threatened Israel facilitated through a portunity and responsibility, not to be missed, L’Shanah Tova ‘‘Good Year’’ to my Jewish pre-emptive strike by the superb Israeli Air assuring that violence from its midst will not friends in Congress and to Jewish people Force that destroyed the Egyptian planes still interfere with Israel’s forthcoming move which around the world as they begin the celebration on the ground, saddled Israel with two chal- benefits both sides to this far too long and of the Days of Awe: the sacred Holy Days be- lenging dilemmas; a recalcitrant, fast growing costly entanglement. Indeed, the challenge for ginning with Rosh Hashanah continuing to the Palestinian population with its own national as- President Abbas remains to put an end to Pal- holiest day Yom Kippur, which falls on Octo- pirations and a rising messianic Judaism mes- estinian terrorism and competing organizations ber 13, 2005. To those Jews who must feel merized by a universal redemptive vision root- such as Hamas and Islamic Jihad, under- the most forgotten and alone whether in Ethi- ed in the stunning return to the ancient inherit- mining both Israel’s and his own dreams for opia, Iraq, Iran, Syria, and the remnants still ance with every inch of it consequential, flying his people. How his leadership will run the living in poverty in Poland, Russia and other in the face of classical Zionism’s operative evacuated territory will be indicative of what’s parts of Eastern Europe who can only cele- principle of compromise with the Arabs. in store for a future Palestine state. Active brate these Holy Days in their hearts, I rise to I surely sympathize with fellow Jews who American involvement and essential support say you are not forgotten. accomplished much and whose lives are now remain key for the prospect of peace and For Jewish people Rosh Hashanah and dramatically impacted with their realities and prosperity to the entire turbulent region bear- Yom Kippur as well as the days between are dreams undergoing demanding change. We ing upon the world at large these eventful the most solemn of all the Jewish Holidays also recognize that both Likkud and Labor-led times. and for some the most important. These ten governments encouraged the settlement enter- Rabbi Israel Zoberman is the spiritual leader days are sometimes known as the Days of prise as a patriotic act. How ironic and sym- of Congregation Beth Chaverim in Virginia Remembrance, the Days of Repentance and bol-laden that Prime Minister Sharon is the Beach. He grew up in Haifa, Israel. the Days of Awe. Unlike other Jewish holidays one presiding over the transfer of territory that f and festivals which are closely tied to harvests he was the grand architect of settling, and changes of seasons, the High Holy Days stamped by his unique style of charismatic CELEBRATING THE 50TH ANNIVER- are spiritual days of soul-searching and pray- leadership and pioneering zeal. I personally SARY OF GREATER MIAMI CHAP- er. witnessed during earlier missions to Israel the TER OF THE LINKS, INC. Rosh Hashanah is a beginning of a spiritual enthusiastic use of dotted maps by the once new year, when each Jew can ask forgiveness hero of the settlers’ movement and the polit- HON. KENDRICK B. MEEK for sin of conduct and of the heart, atone for ical Right who has turned into their maligned OF FLORIDA those sins and begin again asking God to in- figure, making him into the most guarded man IN THE HOUSE OF REPRESENTATIVES scribe him or her in the ‘‘Book of Life.’’ On on earth. Rosh Hashanah the Book is opened. The How history repeats itself with altered twists. Friday, October 7, 2005 Shofar, the curled ram’s horn, calls the Jewish It was Sharon who as Defense Minister or- Mr. MEEK of Florida. Mr. Speaker, I rise to people to gather together to pray on Rosh Ha- dered the destruction of Yamit in 1982 in the congratulate the Greater Miami Chapter of shanah as the Book of Life is opened, just as wake of the 1979 peace treaty with Egypt The Links, Inc., on their 50th year of out- it has for the last 3000 years. which included the Sinai Peninsula’s loss. It is standing commitment to community service. The Jewish liturgy or prayers said during this courageously transformed Prime Minister The ceremony recognizing this important mile- this holiday not only ask for forgiveness from Sharon who, following the bloody Second stone will be held on Sunday, October 16, God for sins against both of conduct and of Intifada of barbaric suicide bombings against 2005, at Florida Memorial University, Miami, the heart, the prayers remind the people that Israel’s civilian population, the death of his Florida. they cannot be forgiven by God for sins com- longstanding nemesis Chairman Arafat and The Greater Miami Chapter was chartered mitted against their fellow man. For forgive- the yet unsettling murder of Prime Minister on Saturday, November 5, 1955, when found- ness from others, they must atone by seeking Rabin by a fanatic Jew, has finally decided to ing members Maude K. Reid, Mayme E. Wil- it from the people they have hurt and doing act. liams, and Susie W. Francis brought together charity. The liturgy, both the ancient derived He thus offsets world pressure and begins 15 other charter members for an installation from many beloved psalms as well as newer to draw, with the Road Map’s backdrop, ceremony at the Carver Hotel in Overtown. liturgy, which recognizes political realities of

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.056 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2061 our time, center on ethical concerns, search- of the most important observances of this holi- ed as chair of the Women’s Caucus, and re- ing for the core of the ethical human being, day is hearing the repeated trumpeting sound ceived the highest number of votes in dele- the meaning of righteousness and good. of the Shofar in the synagogue. gate elections. For Jewish people this High Holy Day is one For most Jews the call of the Shofar is a re- Andrea served on the Santa Clara County for evaluating their conduct of the past year, minder of their rich heritage, the centuries in Board of Education, including two terms as not only toward their fellow man, but for all the a Diaspora when they had nothing but their President of the Board in 1995 and 2000. An- creatures of the earth and for the earth itself. Holy Book and their liturgy. The call of the drea spearheaded school board policy on This re-thinking of their conduct requires each Shofar reminds Jews they survived the Roman neighborhood outreach while advocating work- person to examine his or her moral and spir- Empire which burned their Holy Temple twice force education and emphasizing assistance itual values, principles, ethical standards, in and drove them to exile; survived expulsion to underrepresented students. She was also a other words the moral core of their being. The from Spain, survived pogroms, poverty and re- valued trustee of the Foothill-DeAnza Commu- Jews from ancient times valued these high strictive regulations in Russia and Eastern Eu- nity College District. holy days more than the other holidays and rope and even survived the Nazi ‘‘final solu- Most recently, Andrea was Director of Gov- traveled to the Temple in Jerusalem so the tion, genocide the murder of their men, ernment and Community Relations for Kaiser High Priests could perform the spiritual rituals women and their babies; survived to have a Permanente’s South Bay facilities, using her that would cleanse them of their sins and seek Jewish Country and flag. In all that time and experience in the public sector to promote blessings of peace for them and inscribe each through all those trials, the Jews of the world healthcare. She was a dedicated and com- with his or loved ones in the Book of Life. This have kept their Holy Days. Their Holy Book is mitted worker until the end. day is the beginning of the Jewish calendar unchanged from the day they took it into exile. Andrea Leiderman died at the very young year. It is a beginning in a spiritual sense The Jews have lived now to hear the Shofar age of 46, on September 11, 2005. When she which is more important than a change in the blown in Israel as it was before the Diaspora. passed away, our community lost one of its calendar. The liturgy has remained as it was in ancient most dynamic community activists—an advo- For the Jewish people, each Rosh Hasha- times, but in the last century prayers and re- cate of minority rights, social justice, education nah is a new year that is one more step in a membrances have been added for the victims and equality. history thousands of years long. Jewish peo- of the Holocaust. f The words of the Kaddish are a hymn that ple strive to understand the values of our fore- IN HONOR OF COACH SAM MILLS bears and build on what has gone before. praises God. It is a public declaration of the Jewish people all over the world read from the Jewish belief that God is Great and Holy and writings of the sages who wrote during the it envisions a time when Peace will be estab- HON. FRANK PALLONE, JR. long exile in Babylon a model for moral behav- lished on earth. One form of the prayer says OF NEW JERSEY ior: ‘‘may He who makes peace in heaven, make IN THE HOUSE OF REPRESENTATIVES ‘‘The one who proceeds with integrity, and peace for us.’’ Friday, October 7, 2005 takes action for justice, and speaks truth On the High Holy Days, the Days of Awe of Mr. PALLONE. Mr. Speaker, I would like to with their heart, the one who does no harm 2005, I join with my Jewish friends and wish take this opportunity to recognize a distin- to others, and does not raise trouble for their peace for us. neighbor. . . .’’ guished athlete from my district, Carolina Pan- f thers’ Linebacker Coach Sam Mills. Unfortu- On Rosh Hashanah Jews also reflect on the HONORING ANDREA LEIDERMAN nately, after fighting cancer for two years, Mr. words of Isaiah, Mills passed away on April 18, 2005 at the ‘‘Wash yourselves; make yourselves clean. age of 45. Put away the evil of your doings from before HON. MICHAEL M. HONDA Not only did Mr. Mills play in the NFL for mine eyes. Cease to do evil; learn what is OF CALIFORNIA good. Seek justice; relieve the oppressed; twelve seasons, he used his expertise to IN THE HOUSE OF REPRESENTATIVES Speak out for the orphan; advocate for the coach the Panthers’ linebackers. Sam Mills widow.’’—Isaiah, I: 16–17 Friday, October 7, 2005 played his first nine seasons with the New Or- The prayers are also a promise to God to Mr. HONDA. Mr. Speaker, I rise to honor leans Saints and his last three with the Pan- strive for peace. In this Holy Day liturgy which the life and contributions of Ms. Andrea thers. He earned five Pro Bowl selections, in- spans the millennia, the Jewish people around Leiderman who recently passed away. Andrea cluding one while playing for Carolina in 1996. the world pray for God’s peace: Bring peace, is survived by her parents and siblings, and Sam was the second member of the Panthers the Jews sing, peace to the Jews and to the her loving husband, Hayes Alexander, III. She Hall of Fame and was elected to the Sports whole world. will be sorely missed by her many friends and Hall of Fame of New Jersey in 2003. Despite The second High Holy Day, Yom Kippur, the our community. Today, I honor her energy, her injuries to two of his best linebackers last sea- Day of Atonement, is the most solemn day of determination and her life-long service to the son, Coach Mills led his linebacking corps to the Jewish year. Yom Kippur is a day of fast- Bay Area community. be an integral part of a defense that has ing, reflection and prayers. The names of this Andrea Naomi Leiderman was born on Au- ranked in the top ten for the past two seasons. John Fox, the head coach of the Carolina day in Hebrew are many: Yom HaZikkaron, gust 8, 1959 in Boston, Massachusetts, to Panthers, stated upon Mills’ passing, ‘‘... as ‘‘Day of remembrance,’’ Yom ha-Din ‘‘Day of Drs. Herbert and Gloria Leiderman. The family a coach he made the players better; as a Judgment’’, the day on which God judges all moved west when Andrea, the youngest of friend he made us all better’’. human beings by their deeds during the year four children, was four years old. Andrea grew I ask my colleagues in the United States just ended and inscribes their fate in the heav- up on the Stanford campus where her father House of Representatives to join me in ac- enly record book for the next year. Some be- is a professor emeritus, and has always been knowledging the life and work of this excep- lieve the Book of Life will close at sundown on politically active. As a child, she organized a tional individual. I wish to honor Coach Sam Yom Kippur. As the sun slowly sinks in the school grape boycott in support of the United Mills for his ability to impart his skills and intel- sky, the fasting people stand for the entire Farm Workers; as an adult, she worked on the ligence upon his players and for his out- evening service. Some believe literally, others presidential campaigns of George McGovern, standing career as both a professional player believe metaphorically, that on this day God Jimmy Carter and Alan Cranston. and coach. has determined who will live, and who will die. Andrea attended Vassar College, majoring They make a last plea for their loved ones and in political science. After college, she worked f themselves. They also pledge to live the eth- as a legislative assistant to former New York TRIBUTE TO GRANDPARENTS AND ical life they believe is required of them by Representative Matt McHugh and, later, as the OTHER RELATIVES WHO ARE soul or spirit that is the spark of God in them. LBJ Congressional Fellow to former California CAREGIVERS In Judaism, ethics are the foundation of prayer Representative Norman Mineta, currently U.S. and the theology of prayer. This is most evi- Secretary of Transportation. Andrea also HON. BOB BEAUPREZ dent on the High Holy Days. served as an aide to County Supervisor Jim OF COLORADO Yom Kippur is also called in Hebrew, Yom Beall during his tenure on the San Jose City IN THE HOUSE OF REPRESENTATIVES Teruah, ‘‘The Day of the Sounding of the Sho- Council. far’’ In the ancient past trumpet sound called Andrea was only 28 years old when she Friday, October 7, 2005 the people together to repent sins, to forsake was elected as chairwoman of the Santa Clara Mr. BEAUPREZ. Mr. Speaker, across the evil and to pursue goodness and mercy. One County Democratic Party. She was also elect- country there are more than 6 million children

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.061 E07OCPT1 E2062 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 living in grandparent and other relative headed who died in the camps and they ask us, ‘What KYRGYZSTAN LEADERSHIP ON households. About 2.5 million of these children have you done?’. . . I will say, ‘I didn’t forget GLOBAL SECURITY, DEVELOP- are living in homes without either parent you’.’’ It is important that we take another step MENT AND DEMOCRACY present. Regardless of the many reasons chil- to remember the man who would never con- dren enter relative care, including death of a sider the atrocities of the Holocaust a part of HON. GREGORY W. MEEKS parent, neglect, and substance abuse, it is the past. OF NEW YORK never, ever the fault of the child. I commend f IN THE HOUSE OF REPRESENTATIVES grandparents and other relatives who step for- Friday, October 7, 2005 ward to care for these children, keeping them DEPARTMENT OF JUSTICE APPRO- out of foster care while providing safe, stable, PRIATIONS AUTHORIZATION ACT, Mr. MEEKS of New York. Mr. Speaker, in homes, often at great personal and financial FISCAL YEARS 2006 THROUGH his September 17, 2005, address to the 60th sacrifice. 2009 session of the United Nations General Assem- Stories of a 78-year-old grandmother raising bly, Kurmanbek Bakiev, President of the SPEECH OF a four year old, a 71-year-old grandfather rais- Kyrgyz Republic, called on his fellow Heads of ing 5 teenagers, or a single grandmother rais- HON. DAVID DREIER State to join him in supporting U.N. peace keeping by fighting poverty and promoting ing more than 6 grandchildren are all too com- OF CALIFORNIA democratic development. President Bakiev mon throughout Colorado and our nation. IN THE HOUSE OF REPRESENTATIVES Grandparents and other relative caregivers told the U.N. General Assembly ‘‘it is no acci- are often the best chance for a loving and sta- Wednesday, September 28, 2005 dent that exactly in the poorest regions of the ble childhood for the children in their care, but The House in Committee of the Whole world the most serious regional conflicts their hard work and dedication often goes un- House on the State of the Union had under arise’’. noticed. Mr. Speaker, today, I offer my formal consideration the bill (H.R. 3402) to authorize Kyrgyzstan, the only state in Central Asia acknowledgement and deepest appreciation appropriations for the Department of Justice that participates in peace making efforts by for fiscal years 2006 through 2009, and for the United Nations, has directed military ob- for the ongoing service of these caregivers to other purposes: our country and our nation’s most valuable servers and staff officers to the missions of asset, our children. Mr. DREIER. Mr. Chairman, I rise in strong the United Nations in Liberia, Burundi, Sierra support of the amendment I am offering with Leone, Serbia, Kosovo, and Sudan. On Sep- f my friends Mr. KOLBE and Chairman LEWIS to tember 23, 2005, Leandro Despouy, Special HONORING THE LIFE AND WORK reauthorize the State Criminal Alien Assist- Rapporteur on the Independence of Judges OF SIMON WIESENTHAL ance Program. and Lawyers of the United Nations Commis- Illegal immigration is a critical federal re- sion on Human Rights, praised Kyrgyzstan’s SPEECH OF sponsibility and a serious local problem. Local courageous leadership in supporting the reset- HON. CAROLYN B. MALONEY law enforcement are on the front lines when it tlement of Uzbek refugees to third countries comes to keeping neighborhoods safe from il- along with its commitment to the Geneva Con- OF NEW YORK legal immigrants who commit crimes. Our offi- vention. Mr. Despouy called on international IN THE HOUSE OF REPRESENTATIVES cers are forced to shoulder the added burden donors to provide financial support for Thursday, October 6, 2005 of punishing undocumented individuals who Kyrgyzstan’s reform programs. Mrs. MALONEY. Mr. Speaker, I rise today endanger our communities. Kyrgyzstan has also been a critical ally in to join my colleagues and the world commu- The SCAAP program is designed to fulfill the international community’s efforts to rebuild nity in honoring the life and work of Simon the federal government’s responsibility to reim- and strengthen Afghanistan. It has made its Wiesenthal. Especially during the High Holi- burse states and localities for the significant territory available to the coalition to combat days, it is important and appropriate to recog- costs they incur when jailing illegal aliens. terrorism and promote regional safety and se- nize the extraordinary achievements of a man Passage of this amendment will demonstrate curity. who devoted the last 60 years of his life to the our unwavering support for local law enforce- Mr. Speaker, I would like to share with my pursuit of justice for the victims of the Holo- ment as they uphold the law and protect our congressional colleagues President Bakiev’s caust. Hitler’s Nazi regime was responsible for communities. September 17, 2005, address to the United the murders of nearly six million Jewish men, This amendment authorizes $750 million for Nations’ 60th General Assembly and ask that women, and children and more than 11 million SCAAP in fiscal year 2006, $850 million for it be printed in the CONGRESSIONAL RECORD. people overall. 2007, and $950 million for each of fiscal years Mr. Chairman, Mr. Secretary General, dear Today, the relentless efforts of Simon 2008–2011. While significant, this money rep- delegates, ladies and gentlemen, first of all, resents only a fraction of the true costs in- I would like to congratulate you, Mr. Chair- Wiesenthal have led to the conviction of more man, on your election to the responsible post than 1,000 of these Nazi war criminals. He curred by state and local governments. Cali- of Chairman of the Sixtieth Anniversary Ses- was instrumental in the captures of Adolf Eich- fornia alone spends more than $750 million sion of the General Assembly of the United mann, the architect of the Nazi plan to annihi- each year to jail criminal illegal aliens. Nations and to wish you every success in so late the European Jewish population, and Karl The amendment also adds an additional honorable and noble a mission. Let me also Silberbauer, the Gestapo officer responsible measure of accountability and oversight to the express words of gratitude to your prede- for the arrest and deportation of Anne Frank. SCAAP program. It requires the DOJ Inspec- cessor Mr. Jean Ping for the successful mod- Although Simon Wiesenthal has passed tor General to report to Congress on how ef- eration of the previous session of the Assem- bly. away, his memory will live on forever. One fectively jurisdictions that receive SCAAP Mr. Chairman, the Summit of the United way to ensure this is through the work of the funding are cooperating with the Department Nations which came to an end yesterday con- Simon Wiesenthal Center. The organization of Homeland Security on deporting criminal firmed that the United Nations Organization actively promotes awareness of anti-Semitism aliens. Clearly, it is a national security priority remains the universal organization capable while continuing to bring to justice surviving and a local necessity to deport criminal aliens. of bringing important contributions to the Nazi war criminals. Although its headquarters This measure will help keep the federal focus matters of strengthening international peace are located in Los Angeles, I am proud that on securing the borders, right where it should and security, the maintenance of sustainable my district is home to the Simon Wiesenthal be. development, and the search for adequate an- swers to new global challenges and threats. New York Tolerance Center. It is also important to note that the SCAAP In this regard, I hope that the 60th Anniver- I urge the House today to reaffirm our com- program is not only critical for border states, sary Session of the General Assembly of the mitment to the fight against anti-Semitism and such as California and Arizona, which Mr. United Nations becomes the major event in all forms of prejudice. Simon Wiesenthal’s leg- KOLBE, Mr. LEWIS and I are privileged to rep- our time, and will give to all mankind a feel- acy teaches us that the perpetrators of geno- resent. States with the highest growth in illegal ing of confidence and hope in our future. cide cannot be allowed to continue their path immigrants include North Carolina and Iowa. Rapid changes in the world have not by- of persecution. It is crucial for Congress to SCAAP has assisted all 50 states, the District passed Kyrgyzstan. Our people, not remain- ing indifferent to its own destiny, in March continue to support Holocaust organizations of Columbia, Puerto Rico and the Virgin Is- of this year have chosen the way of develop- like the Simon Wiesenthal Center so that his- lands. ment, progress and creativity. In the new tory does not repeat itself. Simon Wiesenthal Let’s stand with our local law enforcement history of Kyrgyzstan, one more page has once said; ‘‘When we come to the other world and support robust funding for SCAAP. Sup- been turned. We enter into the 21st century [after death] and meet the millions of Jews port the Kolbe/Dreier/Lewis amendment. with firm determination to realize the deep

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.065 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2063 expectations and hopes for peace, prosperity, fully international peace and security until period. Their maintenance and the preven- progress and freedom. We are confident that the basic conditions necessary for people’s tion of further potential ecological accidents the goals reflected in the Millennium Dec- existence are created. Poverty and depriva- for the entire Central Asian region are an ex- laration will be realized fully for the benefit tion often bring to escalation the infringe- cessive burden for Kyrgyzstan. We consider of each person in the Kyrgyz Republic. ments of international peace and security. It that the international community at a co- To keep the respect and to justify hopes of is no accident that exactly in the poorest re- ordinating role of the United Nations, should people, the United Nations cannot lag behind gions of the world, the most serious regional concern itself more closely to such zones of the fast and accelerated changes in the conflicts arise. Simultaneously to reach the high ecological risk and render sufficient fi- world. It should not only respond to these re- purposes of security and of development, the nancial and technical aid directed at the pre- alities, but also create more effective mecha- international community should carry out a vention of global and regional ecological dis- nisms of prevention and confrontation to more balanced policy. asters. both new challenges and risks. It is necessary for the world community to We also consider that for the decisions of a In this regard, we in Kyrgyzstan are deeply work actively in overcoming distinctions national scale, the United Nations should convinced that reform of the United Nations and inequalities between the countries of the promote more actively the participation of should be reflective of the will, the funda- North and the South. In our opinion, the the poor and developing countries regarding mental rights and interests of all states- United Nations requires the creation of such sustainable development. The presence of a members and people. interactive mechanisms which will remove big debt interferes with sustainable social In previous years, the Security Council has the problems causing the poorest countries and economic development of mountain ter- been repeatedly criticized for failures in the to drop out of universal development, and ritories. field of maintenance of international peace their participation in decision making. The In addition to wider initiatives on the and security. Therefore, for all of us, it is ex- countries of the South should become full maintenance of readiness for disasters and tremely important that the Security Council participants in the decisions involving global mitigation of their consequences, most effectively carry out the basic preser- problems. Kyrgyzstan supports initiatives on the cre- vation of peace, international order and Kyrgyzstan remains devoted to the Mon- ation of a worldwide early warning system tranquility. Kyrgyzstan consistently sup- terey Consensus according to which the de- on acts of nature. As a mountain country ports expansion of the membership of the Se- veloped countries will increase development Kyrgyzstan constantly collides with regular curity Council and reforming of its methods aid, and poor countries in their trans- and often repeating acts of nature—earth- of work so that it will become more rep- formation will use this aid more effectively. quakes, landslips, avalanches, flooding of resentative and democratic, and con- At various authoritative forums, an under- cities and settlements. Our long experience sequently more effective. It is our belief that standing of the Concepts of Sustainable Eco- on liquidation of consequences of similar dis- the reform of the Security Council should be nomic Development and Sustainable Human asters takes huge sums from economic and based on principles of universality, effi- Development has been reached. We com- social development and thus highlights the ciency and wide geographical representation. pletely support this. These concepts, with importance of strengthening ecological secu- Decisions of the Security Council should be, substantive provisions, will find reflection in rity. As a first step, Kyrgyzstan suggests the as much as possible, timely, and their imple- our national strategy and programs. At the use of its territory as a pilot area for the mentation correspondingly expeditious. same time, successful realization of national prevention and mitigation of consequences The Kyrgyz Republic shares the position programs of the various countries is directly of such kind of natural disasters. that reform of the system of the United Na- connected with regional and international Mr. Chairman, I would like to express also tions will be successful only insofar as the cooperation. On this joint interest, the role support to the proposal on the establishment reform of the Security Council will be fol- of the United Nations and its agencies, with of a Committee of the regional organizations lowed with reform of both the General As- a view of fast achievement of mutual under- under the United Nations. It will allow the sembly and the Economic and Social Coun- standing, coordination of mutual efforts involvement of unused potential of the re- cil. We support the efforts aimed at the more should be considerably strengthened. gional and sub-regional organizations in the pervasive activity of the General Assembly We support the proposal on drafting a Na- prevention and settlement of conflicts and and strengthening of coordination functions tional strategy of development and its adop- also other important regional problems. The of the Economic and Social Council. Effec- tion in 2006 and achievement by 2015 as pa- regional structures having the corresponding tive coordination between these three prin- rameters of implementation of the purposes potential and effectively acting at the cipal bodies is extremely important for the in the field of the development, formulated present moment should play a complemen- complex decision making regarding current in the Millennium Declarations. In our opin- tary role before new threats and challenges. urgent problems. ion, the United Nations should mobilize new Kyrgyzstan supports participation in work of We all realize how great and complex are resources, strengthen coordination and in- this Committee of such organizations, as the the challenges facing the United Nations in crease the contribution regarding decisions Shanghai Cooperation Organization, the Or- the area of maintenance of global peace and on problems of development. ganization of the Treaty on Collective Secu- security. In this regard, I would like to note We consider that it is time for donor coun- rity, the Euro-Asian Economic Union and that Kyrgyzstan also intends to make a con- tries to move from the declaration of obliga- the Organization of the Central Asian Co- tribution. And for the first time, it has nom- tions to concrete actions. In this regard the operation. inated its own candidature for non-perma- Kyrgyz Republic welcomes the decision of We also support the measures directed to nent membership of the Security Council for the European Union to allocate 0.7 percent of an increase of efficiency of peace-making op- the period of 2012–2013. We realize the full ex- the GDP as an official aid of development by erations; in this regard we welcome the pro- tent of membership responsibility in this 2009. Besides, the Kyrgyz Republic supports posal of the Secretary General on the estab- key body of the United Nations Organiza- the necessity of a comprehensible level of lishment of strategic reserves for activity of tion. I can assure you that Kyrgyzstan will debts and acceptance of urgent and scale the United Nations on maintenance of the use its best efforts to activate cooperation measures on the simplification of debt bur- world and reserve potential of civil police of with the member states in all regions and be- den for developing countries. the United Nations. come the reliable partner in the decisions of Kyrgyzstan is a mountain country. The The Kyrgyz Republic is the only state in global policy. mountain states are characterized by re- Central Asia that participates in peace-mak- Mr. Chairman, I would like also to note moteness, difficult accessibility, information ing efforts of the United Nations, having di- that today the United Nations and its insti- inaccessibility, severe geo-climatic condi- rected military observers and staff officers tutes are more engaged with the issues of de- tions, greater expenses for maintenance of in the Missions of the United Nations in Li- velopment than security. In a scene in which life. At the same time, receiving the finan- beria, Burundi, Sierra Leone, Serbia and many organizations of the United Nations cial aid from the developed countries Montenegro (Kosovo) and Sudan. We are system constantly deal with problems of de- Kyrgyzstan itself is the donor on rendering proud that we bring our contribution to the velopment, there is only one constantly op- eco-system services whose value yearly in- efforts of the United Nations to these coun- erating body which deals with problems of creases. So, for example, the Kyrgyz Repub- tries and are fully determined to give sup- security. In our opinion in conditions of lic is one of the basic repositories of glaciers port to such noble activity. globalization and strengthening of inter- and the supplier of fresh water in the region. Kyrgyzstan actively supports efforts of the dependence and the risks connected both Besides, within the International Convention international community on restoration and with technological and natural disasters on Preservation of Biological Variety, there strengthening of the world in Afghanistan along with international terrorism and ex- is in Kyrgyzstan the operation of a network and has given its territory for accommoda- tremism, the functions of the United Nations of biosphere territories. Kyrgyzstan emits tion of forces of the Antiterrorist coalition on maintenance of global security should be into the atmosphere much less hotbed gases and the Organization of the Contract about considerably strengthened. In this regard, than the majority of the countries of the collective safety, providing measures on along with the programs connected with de- world, and thus brings a contribution to the maintenance of safety in region. velopment, the preventive measures directed preservation of an ozone cloud of the planet. Kyrgyzstan actively supports efforts of the to security also should be strengthened. Simultaneously, to our great regret, in our international community on restoration and The history of international affairs of the territory, there are storehouses of radio- strengthening of the peace in Afghanistan second half of the last century shows that it active waste—an inheritance from a mili- and has given the territory for accommoda- is practically impossible to support success- tary-industrial complex of the former Soviet tion of forces of the Antiterrorist coalition

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.069 E07OCPT1 E2064 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 and the Organization of the Treaty on Col- paid by a partnership to its retired nonresident viding cost-of-living adjustments are permitted, lective security, providing measures on partners. Specifically, the State has construed and do not cause the periodic benefits pro- maintenance of security in region. the reference to section 3121(v)(2)(C) of the vided under the plan to fail the ‘‘substantially We remain devoted to the establishment of Code to limit the exemption to payments made equal periodic payments’’ test. It is also my in- the nuclear Free Zone in the Central Asia. Now the text of the relevant Treaty is co- only to retired employees, i.e., those individ- tent to clarify that the ‘‘substantially equal peri- ordinated by five countries of region and we uals subjected to FICA tax, since the provision odic payments’’ test is satisfied when pay- are glad that the depository of the Treaty is written in the context of employment tax- ments include components from both qualified will be the Kyrgyz Republic. We believe that ation. Under this view, nonqualified retirement and nonqualified plans. Because this legisla- it is testimony of high trust and a recogni- benefits paid by a partnership to its retired tion merely clarifies Congressional intent with tion of the contribution of our republic in partners who are not residents of the State respect to current law, it would apply as of the the implementation of the initiative estab- would not be exempt from nonresident State effective date of P.L. 104–94, that is to lishing a Nuclear-free Zone. I am firmly con- income taxation because there is no specific amounts received after December 31, 1995. vinced that the establishment of a Zone free reference to retired partners in P.L. 104–95, from nuclear weapons in our region will pro- These changes are intended to make it mote the strengthening of global security section 3121(v)(2)(C) of the Code, or subse- clear that, when Congress originally passed and regional stability. We hope to obtain quently issued Treasury Regulations for that this legislation, it did not want to allow States corresponding support of the world commu- section. to tax retirement income, other than the State nity. In addition, at least one State tax revenue where the retiree resides, whether the retire- In conclusion Mr. Chairman, I would like department has taken the position that the ment payments are made to a retired em- to note that the world community experi- periodic benefits provided under the plan fail ployee or a retired partner. The present bill ences a complex period of formation of a new the ‘‘substantially equal periodic payments’’ merely confirms Congressional intent to pro- system of international affairs. Already, it is test if the plan provides for benefit reductions clear that it will be a long process. The hibit State taxation of retirement payments pursuant to a pre-determined formula capping states—members of the United Nations made to nonresidents. total disbursements. Under a similar analysis, should affirm their readiness to achieve f practical solutions to the most essential periodic benefits that are subject to adjustment problems of our time: to struggle with pov- pursuant to a plan provision providing cost-of- HONORING WISCONSIN’S 2005 erty, famine, illnesses, to provide sustain- living adjustments could also fail to qualify as OUTSTANDING OLDER WORKER able development. The 60th session of the ‘‘substantially equal periodic payments.’’ Be- General Assembly should remain with us in cause businesses are not permitted to pre- memory as the session of reforms. Thank fund nonqualified deferred compensation ben- HON. RON KIND you for your attention. efits on a tax-favored basis, some businesses OF WISCONSIN f find it prudent to cap total disbursements IN THE HOUSE OF REPRESENTATIVES LEGISLATION TO PROHIBIT under a pre-determined plan formula, such as Friday, October 7, 2005 STATES FROM TAXING RETIRE- a percentage of the business’s overall income. This cap operates to keep retirement costs Mr. KIND. Mr. Speaker, it is with great MENT INCOME OF NON- pleasure that I rise before you today to honor RESIDENTS within a reasonable range sustainable by the business, in effect protecting the business this year’s Outstanding Older Worker for the from unusual demands triggered by demo- State of Wisconsin, Norman Gudmundson. HON. CHRIS CANNON graphic variations. Similarly, many plans pro- Continuing to work at age 78, Norm clearly deserves this recognition. OF UTAH vide for cost-of-living adjustments to retirement Norm began violin lessons at the age of IN THE HOUSE OF REPRESENTATIVES benefits. Any such adjustments made as a re- sult of a pre-determined plan formula do not eight, and like his father before him, dreamt of Friday, October 7, 2005 change the nature of the retirement benefit being a great violinist one day. Norm had 16 Mr. CANNON. Mr. Speaker, I am intro- and should not cause the retirement benefits years of private training, and by the time he ducing today legislation to clarify Public Law to fail to meet the ‘‘substantially equal periodic graduated high school, he was considered one 104–95, adopted by the Congress in 1995, payments’’ test. of the most accomplished violinists in the prohibiting States from taxing the retirement The application of the ‘‘substantially equal State of Illinois after winning the state com- income of nonresidents. Public Law 104–95, periodic payments’’ test is unclear when retire- petition. enacted in 1996, precludes States, other than ment benefits include components from both Upon his graduation from high school in the State in which a retiree resides, from tax- qualified plans (no substantially equal periodic 1945, Norm joined the U.S. Army Infantry in ing certain retirement benefits. The law de- payment requirement) and nonqualified plans. the last days of World War II. Upon war’s end, fines ‘‘retirement income’’ as any income from Consider a plan in which total annual pay- he was sent to Germany and served for 2 specified types of qualified pension plans or ments to a retiree do not change from year to years rebuilding the war-torn country. After his from a nonqualified deferred compensation year, but the payments are required to come military service, Norm received a full scholar- plan that meets certain payment requirements. first from a Keogh (i.e., qualified plan) until de- ship to play violin for the University of Miami, Nonqualified deferred compensation plans are pleted and then from the general assets of the Florida’s Orchestra. After college, Norm con- defined by reference to section 3121(v)(2)(C) business (i.e., nonqualified plan). Under a pre- tinued his career in music, playing with or- of the Internal Revenue Code (the ‘‘Code’’), determined plan formula, the total annual pay- chestras in Chicago, Denver, and Milwaukee. which relates to employment taxes. Specifi- ment remains the same and is part of a series Norm retired from the orchestra but did not cally, any income of an individual who is not of substantially equal periodic payments. How- give up working. Norm is a dead-on Santa a resident of the taxing State from any plan, ever, the sources underlying the total payment Claus, so it only seemed natural to donate his program, or arrangement described in section will change as the qualified plan is depleted time to play St. Nick at local department 3121(v)(2)(C) is exempt from that State’s in- and nonqualified payments are increased to stores around Christmas-time. come tax provided the income received from maintain annual payments at the same level. Refusing to retire, Norm has recently such plan is part of a series of substantially This legislation would clarify that States may worked for his own excavating business, re- equal periodic payments made (not less fre- not impose an income tax on retirement in- pairing telephone lines in Colorado, inspecting quently than annually) over the life expectancy come of nonresidents received under certain cranberries for Ocean Spray, and manufac- of the recipient, or for a period of not less than nonqualified deferred compensation plans, in- turing lawn equipment with Toro. Norm now 10 years. Neither the statute nor the related cluding plans for retired partners (treated as works for Cardinal IG in Tomah, WI. committee reports provide guidance as to such under applicable tax laws). This would And so I stand today to honor Wisconsin’s what constitutes a substantially equal periodic also clarify that retired partner equivalents, Outstanding Older Worker for this year, Nor- payment; they merely require that the pay- that is retired principals, will be treated as re- man Gudmundson, who truly is a Renaissance ments be made for at least 10 years. tired partners for purposes of this provision. man. For his contribution to the arts, his love Unfortunately, at least one State tax rev- This legislation would also clarify that benefit of children, and his dedication to his commu- enue department has taken the position that reductions pursuant to a pre-determined for- nity and America’s workforce, I commend Public Law 104–95 does not preclude state mula capping total disbursements, or benefit Norm for his generous spirit and remarkable taxation of nonqualified retirement benefits adjustments pursuant to a plan provision pro- commitment to service.

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A07OC8.072 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2065 PERSONAL EXPLANATION RECOGNIZING BOWATER’S RECOGNIZING THE MANY ACCOM- CATAWBA OPERATIONS PLISHMENTS OF RAUL HON. LANE EVANS RODRIGUEZ OF ILLINOIS HON. JOHN M. SPRATT, JR. IN THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA HON. HENRY CUELLAR OF TEXAS Friday, October 7, 2005 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. EVANS. Mr. Speaker, on rollcall No. Friday, October 7, 2005 512, I was unavoidably detained. Had I been Friday, October 7, 2005 present, I would have voted ‘‘yea.’’ Mr. SPRATT. Mr. Speaker, I rise to recog- Mr. CUELLAR. Mr. Speaker, I rise today to f nize Bowater’s Catawba Operations, the larg- recognize Raul Rodriguez for his work to im- est coated paper manufacturing facility in prove the quality of life in the U.S.-Mexico bor- HONORING THE MARINES OF LIMA North America. The plant makes paper used der region as he prepares to end his tenure as COMPANY FOR THEIR SERVICE in magazines, flyers, inserts, and coupons, the Managing Director of the North American IN IRAQ and I am proud to say that it is located in my Development Bank. congressional district. The NADBank is jointly operated by the HON. PATRICK J. TIBERI Fifty years ago, when Bowater chose the United States and Mexico, financing and de- OF OHIO site for a paper-making plant on the Catawba veloping needed environmental projects in the IN THE HOUSE OF REPRESENTATIVES River in York County, South Carolina, a spe- border region, such as water and wastewater Friday, October 7, 2005 cial session of our General Assembly was treatment plants. Raul has guided the expand- called to amend the state constitution so that Mr. TIBERI. Mr. Speaker, I rise to honor the ing NADBank since October of 2000. Bowater, then a British firm, could purchase Under Raul’s leadership, the NADBank has brave Marines of Lima Company, 3rd Bat- unlimited timberland acreage. talion, 25th Marine Regiment who returned grown dramatically. It now provides over $703 That plant site has proven its worth many home to Columbus, Ohio this morning after million in financing and assistance for 89 infra- times in the years since then. Now, Bowater’s deploying for ten months, eight of which they structure projects in the U.S.-Mexico border Catawba Operation has been recognized for spent in Iraq. region, including technical and financial assist- meeting and surpassing world-class standards This reserve Marine Corps infantry unit, ance projects in border communities that in manufacturing, employee programs, com- which is composed of young men from all would not otherwise have been feasible. munity outreach, and environmental steward- walks of life, left home, family, career, and col- The North American Development Bank is ship. lege to respond with honor and courage to the assisting on a set of projects whose total cost call of service issued by our great nation. Lima The Catawba plant employs 1,000 associ- is estimated at over $2.4 billion, a level of in- Company served in western Iraq in Haditha, in ates. Most live in York, Chester, and Lan- vestment that may have been impossible to al Anbar Province, one of the most dangerous caster counties. And they are the reason that achieve if not for the efforts of the NADBank. Prior to joining the NADBank, Raul was the and insurgent-infested areas of the entire the Catawba plant won Industry Week’s 2005 Executive Director of the Mexican Foreign country. They pursued their mission to seek Best Plant competition, one of just 10 plants Trade Bank, and he served as Mexico’s Trade out and engage insurgents in their strongholds out of 220 nominated. They are also the rea- Commissioner in Canada during the NAFTA to reduce the terrorists’ ability to disrupt Iraq’s son that Catawba plant was named South negotiations. Raul also served as a professor new democratically elected government. Carolina’s Manufacturer of the Year for 2004 Central Ohioans could not be more proud of by the South Carolina Chamber of Commerce for several years. Thanks in large part to the contributions of their service. These brave young Marines par- and the National Association of Manufacturers. Raul Rodriguez, the NADBank is more able to ticipated in operations ‘‘Matador,’’ ‘‘New Mar- Industry Week calls the plant a ‘‘pacesetter’’ make a positive impact in the border region ket’’ and ‘‘Quick Strike,’’ conducting house to that will ‘‘continue to lead the way in the fu- than many could have ever imagined. I thank house searches for weapons and terrorists. ture.’’ Mr. Rodriguez today for his hard work and Lima Company engaged in direct combat with Bowater’s Catawba Operations recently un- dedication, and I wish him the best as he con- the enemy and performed with great honor dertook major capital improvements, including tinues to serve our border community. and distinction fighting side by side with our the construction of a $175 million state-of-the- active duty troops. art kraft-pulping mill, along with a $106 million f It is often said that freedom is not free. No- paper machine conversion. Both were com- HONORING ST. PETER’S LU- body knows the truth of this statement better pleted while the mill maintained a full 24–hour THERAN CHURCH IN LANCASTER, than the Marines and their families of Lima production schedule. OHIO Company. In the performance of their duties, The plant’s associates and managers not Lima Company suffered grievous casualties. only work hard and smart, they work safely— HON. DAVID L. HOBSON 16 Marines lost their lives, and 34 Marines recently reaching a significant safety milestone OF OHIO were wounded. by working four million hours without a dis- IN THE HOUSE OF REPRESENTATIVES I am grateful to the Marines of Lima Com- abling or lost time injury. pany who put themselves in harm’s way to It comes as no surprise to us in South Caro- Friday, October 7, 2005 make our country safer, and to make the lina why the Catawba plant is second to none Mr. HOBSON. Mr. Speaker, I rise today to world a better place. I urge my fellow Ameri- in its class. congratulate St. Peter’s Lutheran Church in cans and this Congress to never forget the As the editors of Industry Week put it in Lancaster, Ohio, for 1 celebrating its 200th an- debt we owe these young heroes and their honoring the Catawba plant and the nine other niversary as a congregation on October 16, families. Now that they have returned, they ‘‘Best Plants’’: ‘‘These plants produce different 2005. need our help as much as ever to heal from products from one another, operate different The history of St. Peter’s began in 1804, their wounds, to reconnect with their families machinery, rely on a host of different improve- when a traveling preacher, the Reverend Jo- and resume their lives. And in the case of ment methods, and face different competitive hannes Stauch, visited Lancaster. A year later, those families whose Marine did not return challenges in their quests to excel at the jobs Reverend William Forster was sent to the terri- home, they need our support and prayers as they do. What they share, however, is a vision tory by the Ministerium of Pennsylvania to they face each new day without the one they of excellence by design, not by accident. They preach throughout the area, most notably in loved. hire the right people and train them well, and Fairfield and Perry Counties. The result was We must all work together to help these Ma- they focus continually on improvement. They the founding of St. Peter’s Evangelical Lu- rines and their families as they return to civil- have leadership that encourages input from all theran Church, which is the oldest existing Lu- ian life. To the Department of Veterans Affairs, employees and employees who take up the theran congregation in the State of Ohio. I say give these heroes the best care possible. challenge; and they look outside their four For several years, the church had no reg- I ask employers to give these young Marines walls to their upstream and downstream part- ular place of worship. A parcel of land was se- a chance to serve in your organizations. I urge ners in their efforts to be the best.’’ cured on the banks of the Old Canal, and a the people of Central Ohio to help the families Mr. Speaker, I am proud to represent cornerstone for the log cabin church was laid of the fallen. Finally to the brave Marines of Bowater’s Catawba Plant and its outstanding in 1819. The congregation worshipped at this Lima Company, I simply say thank you and associates, and honored to call them today to site until 1832, when a brick building was con- God bless you for your service to our country. the attention of the House. structed as a new home for the church. And

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.076 E07OCPT1 E2066 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 in 1882, the present building at the comer of Today, we are witnessing the greatest spread Some call this evil Islamic radicalism; oth- Broad and Mulberry Streets in Lancaster was of freedom in the history of the world. I am ers, militant Jihadism; still others, Islamo- dedicated. The current church is listed on the grateful for President Bush’s leadership and fascism. Whatever it’s called, this ideology is his continued commitment to turning Ronald very different from the religion of Islam. National Registry of Historic Places. This form of radicalism exploits Islam to Over the years, members of St. Peter’s Regan’s vision into a reality. serve a violent, political vision: the estab- Church have dedicated themselves to their Please see the following copy of President lishment, by terrorism and subversion and faith through their worship and involvement in Bush’s speech. insurgency, of a totalitarian empire that de- the community. The congregation is involved THE PRESIDENT: Thank you all. Thank you nies all political and religious freedom. in a variety of programs that help provide all. Please be seated. Thank you for the These extremists distort the idea of jihad food, clothing and shelter to those in need in warm welcome. I’m honored once again to be into a call for terrorist murder against with the supporters of the National Endow- Christians and Jews and Hindus—and also the region and throughout the State of Ohio, ment for Democracy. Since the day Presi- including the Mid-Ohio Food Bank and the against Muslims from other traditions, who dent Ronald Reagan set out the vision for they regard as heretics. church’s ‘‘We Care Corner’’. this Endowment, the world has seen the In addition, St. Peter’s church has also been swiftest advance of democratic institutions Many militants are part of global, border- a part of the Fairfield Heritage Association’s in history. And Americans are proud to have less terrorist organizations like al Qaeda, which spreads propaganda, and provides fi- annual candlelight tour of churches in down- played our role in this great story. Our nation stood guard on tense borders; nancing and technical assistance to local ex- town Lancaster. The event takes place De- we spoke for the rights of dissidents and the tremists, and conducts dramatic and brutal cember and attracts nearly 800 people each hopes of exile; we aided the rise of new de- operations like September the 11th. Other year. mocracies on the ruins of tyranny. And all militants are found in regional groups, often Mr. Speaker, I join with the residents of the the cost and sacrifice of that struggle has associated with al Qaeda—paramilitary 7th Congressional District of Ohio in congratu- been worth it, because, from Latin America insurgencies and separatist movements in lating St. Peter’s Lutheran Church for its hon- to Europe to Asia, we’ve gained the peace places like Somalia, and the Philippines, and ored history and its contributions to the reli- that freedom brings. Pakistan, and Chechnya, and Kashmir, and In this new century, freedom is once again Algeria. Still others spring up in local cells, gious and community life of the Lancaster assaulted by enemies determined to roll inspired by Islamic radicalism, but not cen- area for the past 200 years. back generations of democratic progress. trally directed. Islamic radicalism is more f Once again, we’re responding to a global like a loose network with many branches THREATENED AND ENDANGERED campaign of fear with a global campaign of than an army under a single command. Yet freedom. And once again, we will see free- these operatives, fighting on scattered bat- SPECIES RECOVERY ACT OF 2005 dom’s victory. tlefields, share a similar ideology and vision Vin, I want to thank you for inviting me for our world. SPEECH OF back. And thank you for the short introduc- HON. RICHARD W. POMBO tion. I appreciate Carl Gershman. I want to We know the vision of the radicals because welcome former Congressman Dick Gep- they’ve openly stated it—in videos, and OF CALIFORNIA hardt, who is a board member of the Na- audiotapes, and letters, and declarations, IN THE HOUSE OF REPRESENTATIVES tional Endowment for Democracy. It’s good and websites. First, these extremists want to Thursday, September 29, 2005 to see you, Dick. And I appreciate Chris Cox, end American and Western influence in the who is the Chairman of the U.S. Securities broader Middle East, because we stand for The House in Committee of the Whole and Exchange Commission, and a board democracy and peace, and stand in the way House on the State of the Union had under member for the National Endowment of De- of their ambitions. Al Qaeda’s leader, Osama consideration the bill. (H.R. 3824) to amend mocracy, for being here, as well. I want to bin Laden, has called on Muslims to dedi- and reauthorize the Endangered Species Act thank all the other board members. cate, quote, their ‘‘resources, sons and of 1973 to provide greater results conserving I appreciate the Secretary of State, Condi money to driving the infidels out of their and recovering listed species, and for others Rice, who has joined us—alongside her, Sec- lands.’’ Their tactic to meet this goal has purposes: retary of Defense Don Rumsfeld. Thank you been consistent for a quarter-century: They Mr. Chairman, the addition of paragraph (6) all for being here. I’m proud, as well, that hit us, and expect us to run. They want us to to the Endangered Species Act section 7(a) is the newly sworn-in Chairman of the Joint repeat the sad history of Beirut in 1983, and Chiefs, the first Marine ever to hold that po- Mogadishu in 1993—only this time on a larg- intended to preclude agency actions from er scale, with greater consequences. being subject to section 7(a) requirements, if sition, is with us today—General Peter Pace. I thank the members of the Diplomatic Second, the militant network wants to use those actions implement or are consistent with Corps who are here, as well. the vacuum created by an American retreat a conservation habitat plan or agreement in- Recently our country observed the fourth to gain control of a country, a base from corporated in a permit issued under section anniversary of a great evil, and looked back which to launch attacks and conduct their 10. The issuance of a section 10 permit is on a great turning point in our history. We war against non-radical Muslim govern- itself an agency action and therefore subject still remember a proud city covered in ments. Over the past few decades, radicals to section 7(a) requirements. This new para- smoke and ashes, a fire across the Potomac, have specifically targeted Egypt, and Saudi graph allows agency actions authorized in an and passengers who spent their final mo- Arabia, and Pakistan, and Jordan for poten- ments on Earth fighting the enemy. We still approved section 10 permit to transpire with- tial takeover. They achieved their goal, for a remember the men who rejoiced in every time, in Afghanistan. Now they’ve set their out having to meet further section 7(a) require- death, and Americans in uniform rising to sights on Iraq. Bin Laden has stated: ‘‘The ments. duty. And we remember the calling that whole world is watching this war and the two f came to us on that day, and continues to this adversaries. It’s either victory and glory, or hour: We will confront this mortal danger to PRESIDENT DISCUSSES WAR ON misery and humiliation.’’ The terrorists re- all humanity. We will not tire, or rest, until gard Iraq as the central front in their war TERROR AT NATIONAL ENDOW- the war on terror is won. against humanity. And we must recognize The images and experience of September MENT FOR DEMOCRACY Iraq as the central front in our war on ter- the 11th are unique for Americans. Yet the ror. evil of that morning has reappeared on other HON. JOE WILSON days, in other places—in Mombasa, and Casa- Third, the militants believe that control- OF SOUTH CAROLINA blanca, and Riyadh, and Jakarta, and ling one country will rally the Muslim IN THE HOUSE OF REPRESENTATIVES Istanbul, and Madrid, and Beslan, and Taba, masses, enabling them to overthrow all mod- Friday, October 7, 2005 and Netanya, and Baghdad, and elsewhere. In erate governments in the region, and estab- the past few months, we’ve seen a new terror lish a radical Islamic empire that spans from Mr. WILSON of South Carolina. Mr. Speak- offensive with attacks on London, and Spain to Indonesia. With greater economic er, yesterday, President Bush addressed sup- Sharm el-Sheikh, and a deadly bombing in and military and political power, the terror- porters of the National Endowment for Democ- Bali once again. All these separate images of ists would be able to advance their stated racy about the War on Terrorism. As he spoke destruction and suffering that we see on the agenda: to develop weapons of mass destruc- at the Ronald Reagan International Trade news can seem like random and isolated acts tion, to destroy Israel, to intimidate Europe, of madness; innocent men and women and to assault the American people, and to Center about our country’s continued efforts to blackmail our government into isolation. spread democracy and defeat terrorism children have died simply because they boarded the wrong train, or worked in the Some might be tempted to dismiss these around the globe, I was reminded of the tre- wrong building, or checked into the wrong goals as fanatical or extreme. Well, they are mendous parallels between the 40th and 43rd hotel. Yet while the killers choose their vic- fanatical and extreme—and they should not Presidents of the United States. tims indiscriminately, their attacks serve a be dismissed. Our enemy is utterly com- Over 20 years ago, Ronald Reagan ad- clear and focused ideology, a set of beliefs mitted. As Zarqawi has vowed, ‘‘We will ei- vanced the idea of peace through strength. and goals that are evil, but not insane. ther achieve victory over the human race or

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A07OC8.080 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2067 we will pass to the eternal life.’’ And the civ- a self-appointed vanguard that presumes to feating a broad and adaptive network re- ilized world knows very well that other fa- speak for the Muslim masses. Bin Laden says quires patience, constant pressure, and natics in history, from Hitler to Stalin to his own role is to tell Muslims, quote, ‘‘what strong partners in Europe, the Middle East, Pol Pot, consumed whole nations in war and is good for them and what is not.’’ And what North Africa, Asia and beyond. Working with genocide before leaving the stage of history. this man who grew up in wealth and privi- these partners, we’re disrupting militant Evil men, obsessed with ambition and unbur- lege considers good for poor Muslims is that conspiracies, destroying their ability to dened by conscience, must be taken very se- they become killers and suicide bombers. He make war, and working to give millions in a riously—and we must stop them before their assures them that his—that this is the road troubled region of the world a hopeful alter- crimes can multiply. to paradise—though he never offers to go native to resentment and violence. Defeating the militant network is difficult, along for the ride. First, we’re determined to prevent the at- because it thrives, like a parasite, on the suf- Like the ideology of communism, our new tacks of terrorist networks before they fering and frustration of others. The radicals enemy teaches that innocent individuals can occur. We’re reorganizing our government to exploit local conflicts to build a culture of be sacrificed to serve a political vision. And give this nation a broad and coordinated victimization, in which someone else is al- this explains their cold-blooded contempt for homeland defense. We’re reforming our intel- ways to blame and violence is always the so- human life. We’ve seen it in the murders of ligence agencies for the incredibly difficult lution. They exploit resentful and disillu- Daniel Pearl, Nicholas Berg, and Margaret task of tracking enemy activity, based on in- sioned young men and women, recruiting Hassan, and many others. In a courtroom in formation that often comes in small frag- them through radical mosques as the pawns the Netherlands, the killer of Theo Van Gogh ments from widely scattered sources, here of terror. And they exploit modern tech- turned to the victim’s grieving mother and and abroad. We’re acting, along with the nology to multiply their destructive power. said, ‘‘I do not feel your pain—because I be- governments from many countries, to de- Instead of attending faraway training camps, lieve you are an infidel.’’ And in spite of this stroy the terrorist networks and incapaci- recruits can now access online training li- veneer of religious rhetoric, most of the vic- tate their leaders. Together, we’ve killed or braries to learn how to build a roadside tims claimed by the militants are fellow captured nearly all of those directly respon- bomb, or fire a rocket-propelled grenade— Muslims. sible for the September the 11th attacks; as and this further spreads the threat of vio- When 25 Iraqi children are killed in a well as some of bin Laden’s most senior dep- lence, even within peaceful democratic soci- bombing, or Iraqi teachers are executed at uties; al Qaeda managers and operatives in eties. their school, or hospital workers are killed more than 24 countries; the mastermind of The influence of Islamic radicalism is also caring for the wounded, this is murder, pure the USS Cole bombing, who was chief of al magnified by helpers and enablers. They and simple—the total rejection of justice and Qaeda operations in the Persian Gulf; the have been sheltered by authoritarian re- honor and morality and religion. These mili- mastermind of the Jakarta and the first Bali gimes, allies of convenience like Syria and tants are not just the enemies of America, or bombings; a senior Zarqawi terrorist plan- Iran, that share the goal of hurting America the enemies of Iraq, they are the enemies of ner, who was planning attacks in Turkey; and moderate Muslim governments, and use Islam and the enemies of humanity. We have and many of al Qaeda’s senior leaders in terrorist propaganda to blame their own fail- seen this kind of shameless cruelty before, in Saudi Arabia. ures on the West and America, and on the the heartless zealotry that led to the gulags, Overall, the United States and our part- Jews. These radicals depend on front oper- and the Cultural Revolution, and the killing ners have disrupted at least ten serious al ations, such as corrupted charities, which di- fields. Qaeda terrorist plots since September the rect money to terrorist activity. They’re Like the ideology of communism, our new 11th, including three al Qaeda plots to at- strengthened by those who aggressively fund enemy pursues totalitarian aims. Its leaders tack inside the United States. We’ve stopped the spread of radical, intolerant versions of pretend to be an aggrieved party, rep- at least five more al Qaeda efforts to case Islam in unstable parts of the world. The resenting the powerless against imperial en- targets in the United States, or infiltrate militants are aided, as well, by elements of emies. In truth they have endless ambitions operatives into our country. Because of this the Arab news media that incite hatred and of imperial domination, and they wish to steady progress, the enemy is wounded—but anti-Semitism, that feed conspiracy theories make everyone powerless except themselves. the enemy is still capable of global oper- and speak of a so-called American ‘‘war on Under their rule, they have banned books, ations. Our commitment is clear: We will not Islam’’—with seldom a word about American and desecrated historical monuments, and relent until the organized international ter- action to protect Muslims in Afghanistan, brutalized women. They seek to end dissent ror networks are exposed and broken, and and Bosnia, Somalia, Kosovo, Kuwait, and in every form, and to control every aspect of their leaders held to account for their acts of Iraq. life, and to rule the soul, itself. While prom- murder. Some have also argued that extremism has ising a future of justice and holiness, the ter- Second, we’re determined to deny weapons been strengthened by the actions of our coa- rorists are preparing for a future of oppres- of mass destruction to outlaw regimes, and lition in Iraq, claiming that our presence in sion and misery. to their terrorist allies who would use them that country has somehow caused or trig- Like the ideology of communism, our new without hesitation. The United States, work- gered the rage of radicals. I would remind enemy is dismissive of free peoples, claiming ing with Great Britain, Pakistan, and other them that we were not in Iraq on September that men and women who live in liberty are nations, has exposed and disrupted a major the 11th, 2001—and al Qaeda attacked us any- weak and decadent. Zarqawi has said that black-market operation in nuclear tech- way. The hatred of the radicals existed be- Americans are, quote, ‘‘the most cowardly of nology led by A.Q. Khan. Libya has aban- fore Iraq was an issue, and it will exist after God’s creatures.’’ But let’s be clear: It is doned its chemical and nuclear weapons pro- Iraq is no longer an excuse. The government cowardice that seeks to kill children and the grams, as well as long-range ballistic mis- of Russia did not support Operation Iraqi elderly with car bombs, and cuts the throat siles. And in the last year, America and our Freedom, and yet the militants killed more of a bound captive, and targets worshipers partners in the Proliferation Security Initia- than 180 Russian schoolchildren in Beslan. leaving a mosque. It is courage that liber- tive have stopped more than a dozen ship- Over the years these extremists have used ated more than 50 million people. It is cour- ments of suspected weapons technology, in- a litany of excuses for violence—the Israeli age that keeps an untiring vigil against the cluding equipment for Iran’s ballistic missile presence on the West Bank, or the U.S. mili- enemies of a rising* * *. program. tary presence in Saudi Arabia, or the defeat And Islamic radicalism, like the ideology This progress has reduced the danger to of the Taliban, or the Crusades of a thousand of communism, contains inherent contradic- free nations, but has not removed it. Evil years ago. In fact, we’re not facing a set of tions that doom it to failure. By fearing free- men who want to use horrendous weapons grievances that can be soothed and ad- dom—by distrusting human creativity, and against us are working in deadly earnest to dressed. We’re facing a radical ideology with punishing change, and limiting the contribu- gain them. And we’re working urgently to inalterable objectives: to enslave whole na- tions of half the population—this ideology keep weapons of mass destruction out of tions and intimidate the world. No act of undermines the very qualities that make their hands. ours invited the rage of the killers—and no human progress possible, and human soci- Third, we’re determined to deny radical concession, bribe, or act of appeasement eties successful. The only thing modern groups the support and sanctuary of outlaw would change or limit their plans for mur- about the militants’ vision is the weapons regimes. State sponsors like Syria and Iran der. they want to use against us. The rest of their have a long history of collaboration with ter- On the contrary: They target nations grim vision is defined by a warped image of rorists, and they deserve no patience from whose behavior they believe they can change the past—a declaration of war on the idea of the victims of terror. The United States through violence. Against such an enemy, progress, itself. And whatever lies ahead in makes no distinction between those who there is only one effective response: We will the war against this ideology, the outcome is commit acts of terror and those who support never back down, never give in, and never ac- not in doubt: Those who despise freedom and and harbor them, because they’re equally as cept anything less than complete victory. progress have condemned themselves to iso- guilty of murder. Any government that The murderous ideology of the Islamic lation, decline, and collapse. Because free chooses to be an ally of terror has also cho- radicals is the great challenge of our new peoples believe in the future, free peoples sen to be an enemy of civilization. And the century. Yet, in many ways, this fight re- will own the future. civilized world must hold those regimes to sembles the struggle against communism in We didn’t ask for this global struggle, but account. the last century. Like the ideology of com- we’re answering history’s call with con- Fourth, we’re determined to deny the mili- munism, Islamic radicalism is elitist, led by fidence, and a comprehensive strategy. De- tants control of any nation, which they

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A07OC8.084 E07OCPT1 E2068 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 would use as a home base and a launching slavery, and that liberty, once chosen, im- against extremism, Muslim allies have stood pad for terror. For this reason, we’re fighting proves the lives of all. And so we’re con- up and joined the fight, becoming partners in beside our Afghan partners against remnants fident, as our coalition and the Iraqi people a vital cause. Afghan troops are in combat of the Taliban and their al Qaeda allies. For each do their part, Iraqi democracy will suc- against Taliban remnants. Iraqi soldiers are this reason, we’re working with President ceed. sacrificing to defeat al Qaeda in their own Musharraf to oppose and isolate the mili- Some observers also claim that America country. These brave citizens know the tants in Pakistan. And for this reason, we’re would be better off by cutting our losses and stakes—the survival of their own liberty, the fighting the regime remnants and terrorists leaving Iraq now. This is a dangerous illu- future of their own region, the justice and in Iraq. The terrorist goal is to overthrow a sion, refuted with a simple question: Would humanity of their own tradition—and that rising democracy, claim a strategic country the United States and other free nations be the United States of America is proud to as a haven for terror, destabilize the Middle more safe, or less safe, with Zarqawi and bin stand beside them. East, and strike America and other free na- Laden in control of Iraq, its people, and its With the rise of a deadly enemy and the tions with ever-increasing violence. Our goal resources? Having removed a dictator who unfolding of a global ideological struggle, is to defeat the terrorists and their allies at hated free peoples, we will not stand by as a our time in history will be remembered for the heart of their power—and so we will de- new set of killers, dedicated to the destruc- new challenges and unprecedented dangers. feat the enemy in Iraq. tion of our own country, seizes control of And yet the fight we have joined is also the Our coalition, along with our Iraqi allies, Iraq by violence. current expression of an ancient struggle be- is moving forward with a comprehensive, There’s always a temptation, in the middle tween those who put their faith in dictators specific military plan. Area by area, city by of a long struggle, to seek the quiet life, to and those who put their faith in the people. city, we’re conducting offensive operations escape the duties and problems of the world, Throughout history, tyrants and would-be to clear out enemy forces, and leaving be- and to hope the enemy grows weary of fanat- tyrants have always claimed that murder is hind Iraqi units to prevent the enemy from icism and tired of murder. This would be a justified to serve their grand vision—and returning. Within these areas, we’re working pleasant world, but it’s not the world we live they end up alienating decent people across for tangible improvements in the lives of in. The enemy is never tired, never sated, the globe. Tyrants and would-be tyrants Iraqi citizens. And we’re aiding the rise of an never content with yesterday’s brutality. have always claimed that regimented soci- elected government that unites the Iraqi This enemy considers every retreat of the eties are strong and pure—until those soci- people against extremism and violence. This civilized world as an invitation to greater vi- eties collapse in corruption and decay. Ty- work involves great risk for Iraqis, and for olence. In Iraq, there is no peace without vic- rants and would-be tyrants have always Americans and coalition forces. Wars are not tory. We will keep our nerve and we will win claimed that free men and women are weak won without sacrifice—and this war will re- that victory. and decadent—until the day that free men quire more sacrifice, more time, and more The fifth element of our strategy in the and women defeat them. resolve. war on terror is to deny the militants future We don’t know the course of our own strug- The terrorists are as brutal an enemy as recruits by replacing hatred and resentment gle—the course our own struggle will take— we’ve ever faced. They’re unconstrained by with democracy and hope across the broader or the sacrifices that might lie ahead. We do any notion of our common humanity, or by Middle East. This is a difficult and long-term know, however, that the defense of freedom the rules of warfare. No one should under- project, yet there’s no alternative to it. Our is worth our sacrifice. We do know the love estimate the difficulties ahead, nor should future and the future of that region are of freedom is the mightiest force of history. they overlook the advantages we bring to linked. If the broader Middle East is left to And we do know the cause of freedom will this fight. grow in bitterness, if countries remain in once again prevail. Some observers look at the job ahead and misery, while radicals stir the resentments May God bless you. adopt a self-defeating pessimism. It is not of millions, then that part of the world will f justified. With every random bombing and be a source of endless conflict and mounting with every funeral of a child, it becomes danger, and for our generation and the next. IN MEMORY OF WILLIAM M. more clear that the extremists are not patri- If the peoples of that region are permitted to RICKMAN ots, or resistance fighters—they are mur- choose their own destiny, and advance by derers at war with the Iraqi people, them- their own energy and by their participation selves. as free men and women, then the extremists HON. MICHAEL N. CASTLE In contrast, the elected leaders of Iraq are will be marginalized, and the flow of violent OF DELAWARE proving to be strong and steadfast. By any radicalism to the rest of the world will slow, IN THE HOUSE OF REPRESENTATIVES standard or precedent of history, Iraq has and eventually end. By standing for the hope Friday, October 7, 2005 made incredible political progress—from tyr- and freedom of others, we make our own anny, to liberation, to national elections, to freedom more secure. Mr. CASTLE. Mr. Speaker, it is with great the writing of a constitution, in the space of America is making this stand in practical sadness that I rise today to remember and two-and-a-half years. With our help, the ways. We’re encouraging our friends in the honor the life of William M. Rickman. The em- Iraqi military is gaining new capabilities Middle East, including Egypt and Saudi Ara- bodiment of the American Dream, Bill’s life and new confidence with every passing bia, to take the path of reform, to strength- month. At the time of our Fallujah oper- en their own societies in the fight against was a rags-to-riches story straight out of the ations 11 months ago, there were only a few terror by respecting the rights and choices of pages of a Horatio Alger novel. He was an Iraqi army battalions in combat. Today their own people. We’re standing with dis- avid horseman who loved thoroughbred racing there are more than 80 Iraqi army battalions sidents and exiles against oppressive re- and worked to keep the sport alive in my fighting the insurgency alongside our forces. gimes, because we know that the dissidents home state of Delaware. Progress isn’t easy, but it is steady. And no of today will be the democratic leaders of to- Bill Rickman was born July 9, 1921 in St. fair-minded person should ignore, deny, or morrow. We’re making our case through pub- Charles, Virginia. During World War II, he dismiss the achievements of the Iraqi people. lic diplomacy, stating clearly and con- served in the U.S Army and was stationed in Some observers question the durability of fidently our belief in self-determination, and Italy. In August of 1983, Bill partnered with democracy in Iraq. They underestimate the the rule of law, and religious freedom, and power and appeal of freedom. We’ve heard it equal rights for women, beliefs that are right William G. Christmas to purchase Delaware suggested that Iraq’s democracy must be on and true in every land, and in every culture. Park racetrack, which had been closed at the shaky ground because Iraqis are arguing As we do our part to confront radicalism, time due to growing competition from other with each other. But that’s the essence of de- we know that the most vital work will be racetracks in the area. The following spring mocracy: making your case, debating with done within the Islamic world, itself. And saw the reopening of Delaware Park, which those who you disagree—who disagree, build- this work has begun. Many Muslim scholars has been an integral part of the Delaware ing consensus by persuasion, and answering have already publicly condemned terrorism, economy ever since. to the will of the people. We’ve heard it said often citing Chapter 5, Verse 32 of the Koran, In addition to being remembered as a savvy that the Shia, Sunnis and Kurds of Iraq are which states that killing an innocent human too divided to form a lasting democracy. In being is like killing all humanity, and saving businessman, Bill will always be known as fact, democratic federalism is the best hope the life of one person is like saving all of hu- someone who loved horses, racing, and all of for unifying a diverse population, because a manity. After the attacks in London on July the people who worked at his track. He took federal constitutional system respects the the 7th, an imam in the United Arab Emir- great pride in both owning and breeding his rights and religious traditions of all citizens, ates declared, ‘‘Whoever does such a thing is horses. He owned over 100 horses, as well as while giving all minorities, including the not a Muslim, nor a religious person.’’ The two horse-training facilities in Maryland. Sunnis, a stake and a voice in the future of time has come for all responsible Islamic Bill considered the people who worked at their country. It is true that the seeds of leaders to join in denouncing an ideology Delaware Park as his family, and will be re- freedom have only recently been planted in that exploits Islam for political ends, and de- Iraq—but democracy, when it grows, is not a files a noble faith. membered for his kindness and generosity. He fragile flower; it is a healthy, sturdy tree. Many people of the Muslim faith are prov- had a wonderful sense of humor, joking As Americans, we believe that people ev- ing their commitment at great personal risk. around with his entire staff. His good-natured erywhere—everywhere—prefer freedom to Everywhere we have engaged the fight manner will be sorely missed.

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.087 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2069 Mr. Speaker, in closing, our thoughts and Working with Barrios Unidos Hoy gramming to over 1,900 affiliated radio sta- prayers are with Bill’s friends and family as Organizados (BUHO), Mondragon was a key tions; Salem Web Network, the leading Inter- they remember the loss of such a great man. organizer for a public meeting that brought to- net provider of Christian content and online His contributions to Delaware will live on, as gether 300 community residents to address streaming; and Salem Publishing, a leading will his memory. issues of concern such as affordable housing publisher of Christian themed magazines. f and adequate street lighting. Those who I congratulate all the listeners and employ- worked with him on the community meeting ees of KKLA-FM, who should be extremely HISPANIC HERITAGE MONTH describe Mondragon as ‘‘a true role model.’’ proud of the station they have helped to build. Mondragon is currently Commissioner of I ask this Congress to join me in wishing the HON. SUSAN A. DAVIS Community Service for the Associated Student KKLA–FM family a happy 20th anniversary. OF CALIFORNIA Body at San Diego High School. Despite all of f IN THE HOUSE OF REPRESENTATIVES his extracurricular activities, Jose has main- AZERBAIJAN tained a 3.81 GPA and hopes to attend Stan- Friday, October 7, 2005 ford University after high school. Mrs. DAVIS of California. Mr. Speaker, I rise I hope you, Mr. Speaker, and all of my col- HON. TED POE OF TEXAS today in honor of Hispanic Heritage Month, leagues will join me in honoring these extraor- IN THE HOUSE OF REPRESENTATIVES which commemorates the numerous contribu- dinary individuals and their accomplishments tions that Latinos make to our country. for the Latino community. Friday, October 7, 2005 I am proud, honored and privileged to rep- f Mr. POE. Mr. Speaker, Azerbaijan is an im- resent California’s 53rd District in Congress. portant strategic ally for the United States. The The district’s rich diversity embodies the vi- COMMEMORATING THE TWEN- Country is located in a region that can brant cultural fabric of our country. TIETH ANNIVERSARY OF KKLA– produce and transport energy products to the During this month of celebration, I would like FM West. As well as provide military and intel- to recognize the efforts of some ordinary indi- ligence capabilities to the United States. viduals who are doing extraordinary things in HON. GARY G. MILLER Azerbaijan is an emerging major non-OPEC San Diego. OF CALIFORNIA oil producer and transit country (i.e, Baku- GUS CHAVEZ IN THE HOUSE OF REPRESENTATIVES Ceyhan pipeline), which will supply 1.6 million barrels a day after being operational Decem- For thirty years, Gus Chavez helped make Friday, October 7, 2005 the dream of a college degree possible for ber 2005. This will stabilize the other energy Mr. GARY G. MILLER of California. Mr. countless students. Chavez is widely recog- producing countries (oil and gas) in the region Speaker, I rise today to pay tribute to 99.5 nized as the heart and soul of the Education and their ability to get their product to the mar- KKLA–FM, Los Angeles, California’s leading Opportunity Program (EOP) at San Diego ketplace without the dependency of Russia or Christian-teaching radio station, as it cele- State University. He transformed a pilot pro- Iran. brates 20 years of community-oriented broad- gram to attract low-income students into one Azerbaijan is a front line positioned state for casting. military and intelligence access to Iran. This of the most successful programs in the state’s And what an amazing twenty years it has will act as a stabilizing effect for the region history. been. From its humble beginnings in a small and fight off the aggressive position of Iran. It Chavez turned the department into a com- studio in Hollywood to the multimedia power- will also work against terrorist activities spread prehensive admissions outreach and retention house it is today, KKLA–FM has always striv- by fundamental terrorist who have the support program. He expanded services to include en to engage Southern California listeners of Iran. pre-collegiate recruiting and pre-admission ad- with thought-provoking discussions and family Azerbaijan is the first Muslim state to pro- vising, academic orientation, tutoring, skills de- friendly programming. In an age when our vide troops to the U.S. backed coalitions in velopment and test preparation, summer media increasingly focuses on violent and of- Iraq., Afghanistan and Kosovo. To date, they bridge programs for freshmen and transfer fensive material, KKLA–FM has consistently are the only Shiite Muslim state to provide students, career counseling and grants. remained committed to providing quality mate- troops. At his retirement words like ‘‘activist’’ ‘‘lead- rial for listeners of all ages. Azerbaijan is in the vanguard of the emerg- er’’ ‘‘mentor’’ and ‘‘advocate’’, easily rolled off Since October 15, 1985, KKLA–FM’s first ing democracies from the former Soviet Union. tongues. Indeed, many alumni cite Chavez as day on the air, the station has been dedicated Azerbaijan has parliamentary elections sched- the person who had the most impact on their to its mission of beaming the Lord’s word and uled November 6, 2005, and is moving for- educations. teachings to Southern California. But it wasn’t ward with international support to assure free ´ ALBERTO R. CORTES until 1986, with the debut of ‘‘Live from LA,’’ and fair elections. Azerbaijan has allowed op- For nearly 18 years, Alberto Corte´s has that the station moved to the national forefront position parties the right to organize, protest, been dedicated to educating people of color as the voice of Southern California’s Christian and access public television. about HIV and AIDS. He has worked as a bi- community. Today, KKLA–FM is unquestion- Azerbaijan maintains excellent relations with lingual information specialist and health edu- ably the leader of Christian-themed radio in the State of Israel, both, diplomatically and cator for the San Diego AIDS Project and vol- Southern California. economically including providing crude oil. Azerbaijan is a strong strategic partner with unteered for the San Diego AIDS Information KKLA–FM’s success was twenty years in the United States and is cooperating in United Line. Corte´s has also been active with the the making. It was the first Los Angeles radio States activities regarding Caspian regional Council of Community Clinics where he helped station and second in the nation to stream security overseeing Iran (e.g., Caspian Guards build HIV awareness and counseled individ- their programming on the Internet. And the program, radar system, fly-over rights and re- uals. station was quick to develop other radio out- fueling capacity). Presently, Corte´s serves as executive direc- lets, including News/Talk 870 KRLA–AM, 95.9 tor of Mama’s Kitchen, a nonprofit organization Azerbaijan is a strategic asset given its KFSH–FM (The Fish), News/Talk 590 KTIE– presence as a strong United States-Israel ally that prepares and delivers food to people af- AM and 1190 KXMX–AM. The development of fected by AIDS. Last year, Mama’s Kitchen next to Iran. Azerbaijan welcomes trade with these technologies has helped to grow KKLA– Israel and stronger ties between the two coun- provided more than 316,000 meals to commu- FM’s listener base and spread its message of nity members in need. tries. peace, tolerance, and love to listeners around Iran has threatened Azerbaijan due to co- This year, Corte´s was one of five San the world. operation with Israel and the United States Diegans honored as a local hero as part of the Much of KKLA–FM’s accomplishments can Iran continues to inform Azerbaijan that their Union Bank of California and KPBS Hispanic be attributed to the dedication and passion of strong relations with the United States and Heritage Month Local Heroes Awards. Award- its owner, Salem Communications Corpora- Israel will not be beneficial, as Iran is their ees are chosen for demonstrating a high level tion, the leading U.S. radio broadcaster fo- neighbor. of commitment and community participation. cused on Christian and family themes pro- The Iran military enters Azerbaijan airspace JOSE MONDRAGON gramming. The company will soon own 106 weekly and Iran has made claims on Azer- While some high school students view sum- radio stations, including 67 stations in 24 of baijan’s offshore oil and gas exploration. mer vacation as a time to relax, this 17-year- the top 25 markets. In addition to its radio Iran has attempted to spread Madrassas old used it to coordinate a community meeting properties, Salem owns Salem Radio Network, schools in Azerbaijan and Azerbaijan has re- with city council members. which syndicates talk, news and music pro- sisted.

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.089 E07OCPT1 E2070 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 Iran pressures Azerbaijan to abolish visas Hurricanes Katrina and Rita. This bill would they have worked a lifetime to purchase could between the two countries, which would lead provide a temporary refuge from payment for be taken from them when they fall behind in to less control and more Iranians infiltration those individuals and entities who are unable their mortgages. This bill provides a temporary into Azerbaijan. Azerbaijan is resisting this ef- to make their mortgage payment obligations. sanctuary from payment and stops the clock fort. Mr. Speaker, as we know, the devastation for any default or foreclosure proceedings and Occupied Azerbaijan (NK Region) is on the wreaked by Hurricanes Katrina and Rita was negative credit reporting. Iranian border, where alleged terrorist camps, of colossal proportion. The ensuing fallout of Needless to say the economic effects of the narcotic trafficking and weapons trading goes lost jobs, destroyed homes and shattered lives Hurricanes are being felt in painful increments on. Since Armenia has occupied this region of is equally devastating. nationwide. However, for the Americans forced Azerbaijan, almost 16 percent of the total Needless to say, the figures that have out of their homes by the Hurricanes, the eco- country, this activity has existed with the sup- begun to be compiled in the aftermath of the nomic effects are not coming in the form of a port of Iran. Azerbaijan is defenseless in trying storm are staggering. Analysts with the Na- trickle, but a deluge. to stop this activity, as long as Armenia occu- tional Association of Realtors are projecting The Hurricane Disaster Mortgage Morato- pies this region. that at least 200,000 homes in the Gulf Coast rium Act of 2005 will ensure that during the f region have been destroyed or will have to be moratorium, those Gulf Coast residents who demolished. The U.S. Department of Com- cannot afford to pay their mortgages will not RECOGNIZING THE EAST TEXANS merce has estimated that uninsured losses lose their homes or suffer the negative attend- AGAINST LAWSUIT ABUSE could easily exceed $100 billion. Sadly, up to ant consequences from non-payment. Let’s a million Americans were displaced by the not make these Americans suffer needlessly HON. LOUIE GOHMERT storms and many are still living in temporary by facing the prospect of losing their homes OF TEXAS shelters. twice. I urge my colleagues to support this ef- IN THE HOUSE OF REPRESENTATIVES The Department of Labor job figures re- fort. leased today show that unemployment is up to f Friday, October 7, 2005 5.1 percent for September, up from a 4.9 per- Mr. GOHMERT. Mr. Speaker, on behalf of cent pre-Katrina and Rita level and much high- ON THE 2ND PLACE FINISH OF Texas’ 1st Congressional District, I would like er than the 4.0 percent level we experienced THE EL PASO HIGH HIGH-Q to recognize the efforts of the 3,000 members during the 1990s. According to the Joint Eco- TEAM AT THE NATIONAL ACA- of the East Texans Against Lawsuit Abuse or- nomic Committee Democratic staff, the unem- DEMIC CHAMPIONSHIP ganization and the Citizens Against Lawsuit ployment rate would in fact be 9.0 percent if Abuse in promoting Texas’ fourth Lawsuit the figure included those who are marginally HON. SILVESTRE REYES Abuse Awareness Week from October 3–7, attached to the labor force and those who are OF TEXAS 2005. forced to work part-time because of the weak IN THE HOUSE OF REPRESENTATIVES East Texans Against Lawsuit Abuse economy. The Houston Chronicle on October (ETALA) is a respected and effective organi- 6, 2005 reported that as a result of Hurricanes Friday, October 7, 2005 zation that works to educate consumers about Katrina and Rita, at least 363,000 people have Mr. REYES. Mr. Speaker, on June 13, 2005 the human and financial costs associated with lost their jobs. These dismal numbers are like- a group of students from historic El Paso High frivolous lawsuits. This organization has led ly to remain constant in the short-term as our School in my district of El Paso, Texas, after successful efforts to reform our states medical nation rebuilds this region. months of grueling preparation and a hard- malpractice system, reduce the number of friv- In fact, most of those unemployed as a re- fought season, finished second at the National olous lawsuits in Texas, ensure that Texans sult of Hurricanes Katrina and Rita are ex- Academic Championship in Chicago. who are truly injured have access to our court pected to be out of work at least 6–9 months I congratulate the following El Paso High Ti- system and educate Texans about how to be- and we should only anticipate the indicators to gers for their hard work and dedication: Blain come wise legal consumers. increase. As we know, just this week we Baurngardt, Trevor Vargas, Alex Neuman, ETALA is recognized locally for their efforts heard Mayor Ray Nagin of New Orleans in- Robert Heyman, Emil Michal, and their coach, to encourage personal responsibility among form that he has to let go of 3,000 municipal named Coach of the Year by the National local school children. For the second year, employees because the City cannot afford to Academic Championship, Gerard Neuman. they are sponsoring a personal responsibility pay them. This unfortunate scenario will surely The El Paso High School High-Q Team essay-writing contest among local sixth and be repeated to some extent throughout the re- made it to the final round with a combination seventh graders. What is most interesting and gion as municipal and state coffers dwindle of intelligence, teamwork and self-discipline. encouraging is that our children seem to un- from depleted revenue bases. The team demonstrated the ability to come derstand this basic concept that has escaped Whereas the number of job losses for the from behind and showed maturity beyond their so many adults. month of September is surprisingly only years. We support ETALA in their efforts in support 35,000, the Department of Labor reported that Mr. Speaker, on June 13, 2005 the El Paso of civil justice reform and wish to thank their last week, it received an additional 74,000 hur- High Tigers gave us a preview of the excel- many supporters, board members and staff in ricane-related unemployment claims. In fact, lence we can expect from our city’s young their efforts. Through the courage and dedica- nearly one in every five unemployed people— generations and showed El Paso is home to tion of these individuals, what was once only 1.5 million Americans have been jobless for some of the best and brightest our Nation has a nice idea, has now become a reality. It has more than 26 weeks, the maximum number of to offer. I invite my colleagues to join me in been my pleasure to work with ETALA in the weeks for receiving regular unemployment in- congratulating the El Paso High-Q team on past, and I look forward to working with them surance benefits and the Hurricanes will only their second place finish at the National Aca- in the future. exacerbate these passive numbers. demic Championship. f The CBO predicts that the Hurricanes could f actually cut job growth by between 280,000 INTRODUCTION OF THE HURRI- and 400,000 jobs. Although it may sound obvi- HONORING VICTOR AND MAE CANE DISASTER MORTGAGE ous, Americans who have lost everything in a LOBUE MORATORIUM ACT OF 2005 hurricane, who are not working and have little prospects of working in the near future cannot HON. MICHAEL M. HONDA HON. ELIJAH E. CUMMINGS afford to pay their mortgages. This bill would OF CALIFORNIA OF MARYLAND provide them with a reprieve from their mort- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES gage payments. Also, as it does not mandate forgiveness of this debt, this bill reflects the Friday, October 7, 2005 Friday, October 7, 2005 shared burden that our Nation will have to Mr. HONDA. Mr. Speaker, I rise today to Mr. CUMMINGS. Mr. Speaker, I rise today shoulder temporarily during this time of re- honor two very special people, Victor and Mae to introduce The Hurricane Disaster Mortgage building. LoBue, who are celebrating seventy-five years Moratorium Act of 2005, which would provide Mr. Speaker, behind these figures are thou- of marriage on September 10, 2005. a 6-month moratorium on mortgage payments sands of home and business owners whose Victor LoBue and Mae DiSalvo were both owed by residential and commercial property entire livelihoods have been destroyed and born in 1910 in San Jose, in a neighborhood owners who reside in the disaster areas of who now face the prospect that the properties of Italian-American immigrants called ‘‘Little

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.092 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2071 Orchard’’ near the Sacred Heart Church. Both president of the Southern Illinois Editorial As- Since the early 1980s, he has led delegations of their families were in the ranching and can- sociation and the Illinois Press Association, of religious leaders to China to open a dia- ning business. Vic and Mae each have three where he played a pivotal role in establishing logue on religious freedom. siblings, who all reside in San Jose, and Mae the Illinois Press Foundation, the fund-raising Born in Vienna, Austria, in 1930, Rabbi survives her late sister, Dolly. arm of the Illinois Press Association. He con- Schneier lived under Nazi occupation in Buda- Vic and Mae have been close since child- tinues to serve as the foundation’s President pest during World War II and came to the hood when they met in elementary school. to this day. United States in 1947. He has been the Spir- The nuns at school were constantly busy try- Jerry L. Reppert first began his career in itual Leader of the Park East Synagogue in ing to interfere in the couple’s endless chase, managing newspapers by becoming editor of New York City since 1962. but to no avail! Vic would chase Mae, and the Gazette-Democrat, a community news- I hope my colleagues will join us in honoring when stopped, Mae would in turn chase Vic. paper run by his family, based in Anna, Illi- this distinguished pioneer of religious freedom The couple married on September 10, 1930, nois. Mr. Reppert greatly expanded the small, with a Congressional Gold Medal. at Sacred Heart Church in San Jose when Vic weekly newspaper into Reppert Publications, f was twenty and Mae was nineteen. They set- which published weekly newspapers through- tled into a home on Willow Street, near their out Southern Illinois, including the Cairo Cit- THREATENED AND ENDANGERED cherry orchards, where Vic worked in the fam- izen in Cairo, the Navigator-Journal and Prai- SPECIES RECOVERY ACT OF 2005 ily business. rie Post in Grayville and Albion, the Tri-County In 1966, when Vic became a partner in the Record in Dongola. Reppert Publications also SPEECH OF Indian Wells Country Club, home of the ‘‘Bob published numerous specialty publications, HON. BETTY McCOLLUM Hope Classic Golf Tournament’’, Vic and Mae several of which have received honors by the OF MINNESOTA moved to Southern California. The couple has Illinois Department of Natural Resources and IN THE HOUSE OF REPRESENTATIVES homes in Carmel Valley Ranch Country Club Illinois Governor’s Conference on Tourism. and Indian Wells Country Club. They have In addition to his pursuits in publishing, Mr. Thursday, September 29, 2005 also maintained a long-time membership to Reppert has also been successful in many The House in Committee of the Whole The Thunderbird Club in Rancho Mirage. other enterprises. He is a founder of Anna- House on the State of the Union had under Vic and Mae have one child, Victor, Jr. Vic- Jonesboro Cable TV and constructed a cable consideration the bill (H.R. 3824) to amend tor, Jr. and his wife, Jeannie, lived in Gilroy for television system for it. In 1971 he opened his and reauthorize the Endangered Species Act many years but moved to Indian Wells, Cali- own furniture company: Reppert Office Fur- of 1973 to provide greater results conserving and recovering listed species, and for other fornia in 1990. niture. He also served 20 years in the United purposes: Vic has generously contributed to the Boys States Navy Reserve and attained the rank of and Girls Clubs of San Jose throughout his lieutenant commander. Ms. MCCOLLUM of Minnesota. Mr. Chair- life. He, along with his brother, Salvador, do- Mr. Reppert and his wife, Dianne, have two man, I rise in strong opposition to H.R. 3824. nated a room at Santa Clara University. Vic daughters and two grandchildren. This legislation seeks to undermine one of the was an active member of the Jaycees, the Mr. Speaker, I ask my colleagues to join me most successful and visionary environmental San Jose Chamber of Commerce and the in an expression of congratulations to Mr. policies, the Endangered Species Act. For 32 Santa Clara County Horseman’s Association. Jerry Reppert for his election to lead the Na- years, the Endangered Species Act has been He was also a member of the Sheriff’s Posse. tional Newspaper Association and offer our a safety net for wildlife, plants, and fish that Today, Vic and Mae divide their time be- best wishes during his tenure as President. are on the brink of extinction. Since its enactment in 1973, the Endan- tween San Jose and Southern California. They f have lived a long, healthy and happy life. gered Species Act has prevented the extinc- Congratulations to Vic and Mae LoBue on CONGRESSIONAL GOLD MEDAL tion of hundreds of species. In fact, 99 percent the occasion of their seventy-fifth wedding an- FOR RABBI ARTHUR SCHNEIER of the species listed are still with us today, niversary. Their marriage is a testament to and more than two-thirds of all currently listed happiness, commitment and fulfillment: What HON. CAROLYN B. MALONEY species are improving. began as a childhood game of chase has be- OF NEW YORK Minnesotans have witnessed the success of come a lifetime of love. IN THE HOUSE OF REPRESENTATIVES this Act first hand. In Minnesota, the bald eagle population grew from a dwindling 380 f Friday, October 7, 2005 eagles in 1981 to more than 1,400 eagles HONORING JERRY L. REPPERT ON Mrs. MALONEY. Mr. Speaker, together with today. This is more than double the recovery BEING NAMED THE NATIONAL my colleagues Rep. TOM LANTOS and MICHAEL goal of 600 eagles. We have seen the gray NEWSPAPER ASSOCIATION BILIRAKIS, I am introducing a bill to award a wolf population grow from 300 in 1975 to Congressional Gold Medal to Rabbi Arthur 3,020 in 2004. Again, that is more than double HON. JERRY F. COSTELLO Schneier, in recognition of his pioneering role the recovery goal of 1,400 wolves. Minnesota OF ILLINOIS in promoting religious freedom and human is also home to the dwarf trout lily, which is IN THE HOUSE OF REPRESENTATIVES rights throughout the world, for close to half a found nowhere else in the world. century. In April 2005, many of my constituents Friday, October 7, 2005 A holocaust survivor, and the Founder and showed their support for endangered species Mr. COSTELLO. Mr. Speaker, I rise today to President of the Appeal of Conscience Foun- during Aveda Corporation’s Earth Month. In ask my colleagues to join me in recognizing dation, Rabbi Schneier has devoted his life to Aveda salons and stores across the country, Jerry L. Reppert, who recently was appointed overcoming the forces of hatred and intoler- more than 170,000 people signed petitions as president of the National Newspaper Asso- ance. asking for a strong, fully funded Endangered ciation. He has been a pioneer in bringing together Species Act. These petitions were delivered to The National Newspaper Association, cre- religious leaders to address ethnic or religious the steps of the Capitol in July. The message ated in 1885, represents owners, publishers conflicts. For example, in Bosnia in 1997, he is clear. Americans want to protect endan- and editors of America’s community news- convened government and religious leaders to gered species for future generations. papers and is the largest newspaper associa- promote healing and conciliation between Or- Unfortunately, H.R. 3824 makes it harder to tion in the United States, currently having thodox, Muslim and Jewish communities. In protect threatened and endangered species. It more than 3,200 members. As President of the Balkans, the Caucasus and Central Asia repeals one of the most important parts of the the NNA, Mr. Reppert will be responsible for he worked with the Orthodox Patriarch and the act—critical habitat protection. Habitat destruc- protecting, promoting and enhancing Amer- Turkish Government to hold the Peace and tion is the primary reason many animals end ica’s community newspapers. Tolerance Conference in 1994 and address up on the Endangered Species List. Species Prior to election as President, Mr. Reppert religious and ethnic tensions in that area. In with designated critical habitats recover at held several other positions within NNA, in- the former Yugoslavia, he mobilized religious twice the rate of endangered species without cluding Vice President, State Chairman, Re- leaders to halt the bloodshed of the early critical habitat. Yet, this bill provides no alter- gional Director and Government Affairs Direc- 1990s, holding the Religious Summit on the native to protect the places where vulnerable tor. In addition, Mr. Reppert has made impor- Former Yugoslavia and the Conflict Resolution species live. tant contributions to the newspaper publishing Conference to build support and consensus This bill also creates a new corporate wel- business in Southern Illinois, having served as among religious leaders of different faiths. fare entitlement for developers. Under this bill,

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.097 E07OCPT1 E2072 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 the U.S. Fish and Wildlife Service would have himself as an exemplary leader as well as a tinued his record as a champion debater. The only 180 days to review proposed develop- tactical expert. Civil Rights Act of 1964 had not yet been en- ments and their impact on endangered spe- Among his many achievements include de- acted during his time in college, making some cies. If an assessment cannot be reached veloping game plans that targeted narcotics of the challenges he faced in school extend within this time frame, the project is allowed to violators who utilized the Mac Arthur Park as far beyond the realm of academics. When he proceed. If it is determined that endangered a base of operations. He also planned oper- competed in the National Collegiate Debate species would be harmed by the project, the ations to address quality of life issues in and Tournament at the University of Oklahoma in Federal Government must pay the landowner around the park. His operations focused on 1961, the open and unabated racial discrimi- the value of the proposed development. This such concerns as drinking in public, illegal nation that prevailed in some parts of the would encourage speculative development street sales, and gambling. He was also country was so severe that the southern col- schemes aimed at harming endangered spe- tasked with developing and writing operations leges who were competing were instructed to cies in order to receive windfall payments from plans for special events in and around the walk out of any round in which an African the government. A frenzy of fraud and abuse park. According to superiors, his operations American was competing. Undeterred, Judge will not help responsible landowners comply plans were outstanding, covering all aspects Wheatley went on not only to win the tour- with the law, and it will not help species re- of the event from manpower to street closures nament, but to be awarded the Pi Kappa Delta cover. to tactical considerations. The reduction in gold debate key for his outstanding perform- The use of sound science is also under- crime and improvement in the quality of life in ance. Following his studies at Howard, Judge mined by this bill. It gives political appointees and around the park has been remarkable. Wheatley returned to the University of the Pa- the authority to determine the ‘‘best available The efforts of Sergeant Feliciano, as well as cific in 1960, where he graduated with a de- science’’ without having to consult with recog- those officers he supervises, has been the gree in Sociology and Psychology. Following a successful law school career at nized scientists and other experts in the field. topic of crime strategy seminars throughout Willamette University in Oregon, where he Under this bill, the use of sophisticated sci- the Los Angeles Police Department. won the school’s Moot Court Competition and entific modeling could also be banned. This Hector is a highly sought after and well-re- served as a teaching assistant before earning spected supervisor. Even under great pres- opens the door to the use of questionable his Doctor of Jurisprudence degree, Judge sure, he has repeatedly proven that his is science and politically-motivated findings. Wheatley began serving as Deputy Attorney This bill also repeals all Endangered Spe- steadfast and levelheaded. Hector has General for the State of California in 1965. He cies Act provisions related to pesticides. Pes- stepped forward to take command in many sit- later went into private practice in Oakland, ticides, such as DOT, have contributed to the uations, thus ensuring the welfare of his offi- where he engaged in general litigation practice decline of many species, including the Amer- cers and the citizens of Los Angeles. A nota- and was one of the lead attorneys in a prece- ican bald eagle. Under this bill, the Environ- ble example of this occurred on November 9, dent-setting class-action lawsuit against the mental Protection Agency can approve pes- 2004. Sergeant Feliciano employed decisive savings and loan industry. In 1972, he be- ticides without considering their impact on and heroic actions during a hostage crisis at came General Counsel for the California threatened and endangered species. Given the Mexican Consulate. His lifesaving inter- Teachers Association, representing the organi- the choice between recovery and extinction, vention resulted in the successful rescue of a zation’s 300,000 members in several note- this bill appears to favor extinction. pregnant female who was being held hostage worthy cases which resulted in precedent-set- I supported a responsible alternative aimed by a gunman. ting rulings in favor of public school teachers’ at recovering species. The Miller/Boehlert sub- Mr. Speaker, Hector Feliciano has served rights and benefits. stitute amendment contained a more flexible our community with great distinction. As a Judge Wheatley was appointed as a Judge timeline for consideration of projects, clarified husband, father, and grandparent, I feel se- of the Alameda County Municipal Court on the obligation of federal agencies, and pro- cure knowing the safety of my loved ones is July 1, 1981, by California Governor Edmond vided real landowner incentives for conserva- entrusted to such a fine individual. An officer’s G. ‘‘Jerry’’ Brown, Jr., and was elevated to the tion and species recovery. This approach re- work is never done, and because of that, our Alameda County Superior Court when all of sponded to the legitimate concerns of land- families are secure. the courts in Alameda County were unified in owners and sportsmen while continuing efforts And so, we thank Hector, with gratitude and 1998. Known for his tendency to give many to recover endangered species. Unfortunately, respect for his distinguished service. We wish young defendants the choice to ‘‘Go to school this amendment was not adopted. the very best to him, and his wife, Jeanette, or go to jail,’’ Judge Wheatley’s career on the Mr. Speaker, the Threatened and Endan- and their other family members who are here bench has been marked by his steadfast com- gered Species Recovery Act fails to protect this month in Washington, DC. God bless, and mitment to serving the young people in our vulnerable wildlife and plants and threatens to congratulations on this great honor. community who are most in need of guidance. break the federal bank with a new open-ended f Judge Wheatley’s outstanding dedication entitlement for developers. I urge my col- and accomplishments have not only impacted leagues to reject this bill and work together to HONORING JUDGE HORACE countless young lives, but have also been rec- create a strong, scientific and bipartisan En- WHEATLEY ognized by a number of the professional orga- dangered Species Act. nizations of which he is a member. He has not f HON. BARBARA LEE only been inducted into the Charles Houston OF CALIFORNIA Bar Association’s Hall of Fame, but has also SALUTING SERGEANT HECTOR R. IN THE HOUSE OF REPRESENTATIVES received its ‘‘Judicial Excellence Award.’’ In FELICIANO Friday, October 7, 2005 addition, he received the Bernard S. Jefferson Award from the California Association of Black HON. JOE BACA Ms. LEE. Mr. Speaker, I rise today to honor Lawyers as its Judge of the Year in 2001, and OF CALIFORNIA the extraordinary life and achievements of Ala- has also been named the Lend-A-Hand Foun- IN THE HOUSE OF REPRESENTATIVES meda County Superior Court Judge Horace dation’s ‘‘Man of the Year.’’ This past August, Wheatley of Oakland, California. Serving Ala- Friday, October 7, 2005 he was inducted into the National Bar Asso- meda County on the bench for almost 25 ciation’s Hall of Fame in recognition of having Mr. BACA. Mr. Speaker, I rise to salute and years, Judge Wheatley has been known practiced law for over 40 years and made sig- pay tribute to Sergeant Hector R. Feliciano, a throughout his career for his unfaltering sense nificant contributions to the cause of justice. In 22-year veteran of the Los Angeles Police De- of social justice, and for his unwavering com- addition, he was also given the A. Leon partment. Sergeant Feliciano is receiving an mitment to our young people. Today our com- Higginbotham Memorial Award by the Young honorable mention commendation for the an- munity comes together to celebrate his career Lawyers Division of the National Bar Associa- nual TOP COPS Award Ceremony, from the and achievements on the occasion of his re- tion in recognition of his intellectual accom- National Association of Police Officers. This is tirement in Oakland, California. plishments, professional achievements and a great honor, and reflects the substantial re- Judge Wheatley was born in Lake Charles, community contributions. spect and recognition accorded to Sergeant Louisiana, and raised in San Francisco’s his- Today Judge Wheatley’s family, friends and Feliciano by California and national law en- toric Fillmore district. After graduating from the colleagues come together to celebrate the im- forcement. Sergeant Feliciano represents the ‘‘old’’ Lowell High School in 1957, he went to pact of his life and work not only on the innu- very best of our outstanding law enforcement College of the Pacific, now known as Univer- merable lives, particularly young lives, he has officers, previously being selected as Rampart sity of the Pacific, later transferring to Howard touched here in Alameda County, but the last- Sergeant of the year 2004, for distinguishing University in Washington, DC, where he con- ing effects his rulings and his commitment to

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.101 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2073 true justice have had and will continue to have INTRODUCTION OF LEGISLATION REP. BARBARA LEE HONORED BY on our legal system. On behalf of the 9th Con- WITH GOVERNMENT REFORM TO THE 100 BLACK MEN OF SILICON gressional District of California, I salute and GIVE DC CITIZENS A PLACE IN VALLEY thank Judge Horace Wheatley for his invalu- STATUARY HALL able contributions to the people of Alameda HON. ZOE LOFGREN County, the 9th Congressional District, the OF CALIFORNIA State of California and our entire country. HON. ELEANOR HOLMES NORTON IN THE HOUSE OF REPRESENTATIVES f OF THE DISTRICT OF COLUMBIA Friday, October 7, 2005 CONGRATULATING NEW NMA IN THE HOUSE OF REPRESENTATIVES Ms. LOFGREN of California. Mr. Speaker, PRESIDENT DR. SANDRA L. the California Democratic Congressional Dele- GADSON Friday, October 7, 2005 gation is proud to recognize the achievements Ms. NORTON. Mr. Speaker, I am pleased of our colleague, Rep. Barbara Lee, upon the HON. JESSE L. JACKSON, JR. that Government Reform Committee Chair presentation of the Lifetime Achievement OF ILLINOIS Award by the 100 Black Men of Silicon Valley. TOM DAVIS (R–VA) and House Administration IN THE HOUSE OF REPRESENTATIVES The concept of the 100 Black Men was born Committee Ranking Member JUANITA in New York in 1963, when a group of con- Friday, October 7, 2005 MILLENDER-MCDONALD (D–CA) are introducing cerned African American men gathered to ex- a bill with me today to permit two statues hon- Mr. JACKSON of Illinois. Mr. Speaker, it is plore ways of improving conditions in their my privilege to recognize and congratulate oring citizens of the District of Columbia in community. These visionaries and industry one of my constituents and the 106th presi- Statuary Hall of the Capitol, just as statues leaders included David Dinkins, Jackie Robin- dent of The National Medical Association, Dr. honoring citizens of States are placed in the son, Nathaniel Goldston III, Andrew Hatcher Sandra L. Gadson. historic hall. This legislation would allow the and founding President Dr. William Hayling. Founded in 1895, the National Medical As- city to offer two statues to the Congress on The mission of the 100 Black Men of Silicon sociation, NMA, is the largest and oldest na- behalf of DC residents. As I introduce this bill, Valley is to improve the quality of life of our tional organization representing African Amer- as we have just honored the citizens of New citizens and enhance educational opportunities ican physicians and their patients in the United Mexico, I ask the committee to remember that for African Americans and minorities, through States. The NMA represents the interests of with the placement of their second statute, a its chapters, in all communities—with a par- more than 35,000 African American physicians bill I was pleased to support, I seek equal rec- ticular emphasis on young African American and the patients they serve and is the leading ognition for the citizens of the District of Co- males. They do this by focusing on mentoring, force for parity and justice in medicine and the lumbia. education, health and wellness, and economic elimination of health disparities. Throughout its development. history, the National Medical Association has The District of Columbia was born with the Nation itself. The city has more than two cen- It is fitting that Representative BARBARA LEE focused primarily on health issues related to is being honored for her long record of stand- African Americans and medically underserved turies of its very own rich and uniquely Amer- ican history. It goes without saying that the al- ing for youth and family issues such as crimi- populations, as well as all ethnic groups. nal justice reform as a member of the Public most 650,000 American citizens who live in Many years ago, Dr. Gadson was herself a Safety, Sentencing and Incarceration Reform the Nation’s Capital deserve the honor of hav- patient, facing a battle with colon cancer. In Caucus. Health and wellness has been at a ing two of its history makers represented in her own words, Dr. Gadson stated: ‘‘When my priority for her in Congress as well. She has patients curse a rising wave of pain or strug- the halls of the Nation’s Capital just as citizens fought to establish a United States Health gle to give voice to their suffering, I under- who live in the 50 States have long enjoyed. Service and provide health coverage for all stand because I’ve been there.’’ This experi- Our bill would allow the Mayor and the City Americans. The measure, first introduced in ence has not only influenced Dr. Gadson to be Council to devise the method for determining 1978 by her predecessor, Representative Ron a more sensitive and empathetic doctor, but it the identity of the honorees, who must be de- Dellums, has been a priority for her since her inspired her to improve the quality of service ceased. Mayor Anthony Williams has already election in 1998. Representative BARBARA LEE available to patients everywhere. agreed to find funds in the District’s budget for has also been committed to promoting eco- While working in the Emergency Room at these statues upon the passage of this legisla- nomic development and supporting those who Methodist Hospital in Gary, Indiana, Dr. tion. need it most, including working to secure in- Gadson was shocked to learn that the pre- vestment in housing, transit systems, roads, Every time we allow the District to be ex- dominately poor, African American city had a clean water, and schools to stimulate the cluded from its place among the 50 States, we high prevalence of kidney failure but no dialy- economy and create jobs. sis center. She immediately took action and undermine the Nation’s efforts to spread full We wish to thank the 100 Black Men for established the first freestanding dialysis cen- democracy around the world. While DC resi- their tireless efforts to enhance the quality of ter in northern Indiana. dents have not yet obtained the same political life for all citizens, and to Representative BAR- In her acceptance speech, Dr. Gadson said equality and voting rights as the citizens of the BARA LEE for her deeply held commitment to that as president of NMA, she will work to in- States, they have all the responsibilities of the the principle of human rights. crease its membership and mentorship, advo- States, including paying all Federal taxes and f cate for a national health plan of universal serving in all wars. Today, when our residents coverage, strengthen partnerships with are serving in Iraq, the least we should do is IN HONOR OF DON MILANESE, churches and the media to promote health to give this city its rightful and equal place in VICE PRESIDENT OF LAS awareness, and to launch initiatives in kidney the Capitol. Among our residents now serving POSITAS COLLEGE, ON THE OC- disease that encourage transplantation and their country, the District lost 44-year-old Lt. CASION OF HIS RETIREMENT organ donation. Dr. Gadson, a practicing Col. Paul W. Kimbrough, an African American nephrologist, also made note of the fact that engineer who was supporting Operation En- HON. ELLEN O. TAUSCHER African Americans make up 13 percent of the during Freedom in Afghanistan. I attended the OF CALIFORNIA U.S. population but nearly one-third of all kid- funeral of 21-year-old Specialist Darryl Dent of IN THE HOUSE OF REPRESENTATIVES ney patients. ‘‘The crisis of kidney failure in the DC National Guard who was killed in Iraq. Friday, October 7, 2005 the African American community mirrors the There are more than 100 soldiers still serving dilemma of health care disparities,’’ Dr. Mrs. TAUSCHER. Mr. Speaker, I rise today in Iraq from Specialist Dent’s 547th Transpor- Gadson stated. to honor Don Milanese, vice president of Aca- tation Company. Dr. Gadson’s contributions to the health demic Services at Las Positas College in community have been enumerable. As presi- This bill offers District residents the oppor- Livermore, who is retiring after 35 years of dent of the NMA, she will continue to help de- tunity to enjoy the same pride that all other service to the Chabot-Las Positas Community crease health disparities and increase access citizens experience when they come to their College District, the Tri-Valley community, and to high quality healthcare for all Americans. Capital—the opportunity to view memorials thousands of students. We are truly fortunate to have her as a part that commemorate the efforts of deceased Don began his career in 1964 as a graduate of our community, and I congratulate her on local residents who have made significant con- teaching assistant at the University of Cali- her achievement. tributions to American history. fornia at Davis. Following a 2-year stint in the

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.103 E07OCPT1 E2074 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 Army, he joined Chabot College as an adjunct the head of the coveted ‘‘Committee,’’ the bums and earned gold records for ‘‘Turn Me faculty member teaching political science, group of teens responsible for aiding Horn in Loose’’ and ‘‘Tiger’’ and a gold album for ‘‘The while serving as an assistant administrative the direction of the show. Jerry got into radio Fabulous Fabian.’’ In 1959, Fabian made his analyst in the education section of the Legisla- in 1962 and soon was given the title ‘‘The screen debut in ‘‘Hound Dog Man’’ opposite tive Analyst’s Office in Sacramento. In 1970, Geator With The Heator.’’ He soon coupled Carol Lynley. His role as a homicidal maniac he became the coordinator of Evening and Ex- his growing popularity on the air, which by in a TV production entitled ‘‘A Lion Walks tension Operations at Chabot College. His 1963 resulted in regional syndication of his Among Us’’ directed by Robert Altman solidly warm, supportive manner was felt throughout program on small stations throughout the established his credentials as a versatile and the campus by faculty, staff and students. Delaware Valley from Atlantic City to Allen- powerful actor. His impressive acting credits After 5 years, Don then became the assistant town, with appearances off the air at dances, include featured roles with John Wayne, dean of instruction for Evening and Extension clubs and events. It was not unusual for James Stewart, Jack Palance, Tuesday Weld, Operations at Chabot College’s Valley Cam- Blavat to see 5,000 kids a week in person in George Segal and Karen Black. pus in Livermore. It was here that Don fo- the mid sixties, nor too much of a stretch to Chubby Checker was born in South Caro- cused his talents on shaping the vision he say he would remember 3,000 of their names lina, but grew up in South Philadelphia. By the shared with other college officials: a college the following week. His appearances became time he entered high school, he had learned that would serve the Tri-Valley. His hard work, so frequent that for a time he needed to use dedication, and ability to dream helped estab- a helicopter just to make it on time from one to play the piano at Settlement Music School. lish Las Positas College. In 1992, he accepted gig to the next. Today the helicopter is gone, In June of 1959, Chubby recorded ‘‘The the position of dean of Academic Services at but the frantic schedule is still in place. Twist.’’ Fourteen months later, in the summer the College, and in 1994 the position con- Throughout the year, he can be found some- of 1960, ‘‘The Twist’’ was not only the No. 1 verted to the vice president of Academic Serv- where on virtually any night, and in the sum- song but it introduced the concept of ‘‘dancing ices. mer months he is in weekend residence at apart to the beat.’’ Mr. Speaker, Chubby Don’s talent and wisdom extend beyond Memories At Margate, the New Jersey Shore’s Checker accomplished many ‘‘firsts’’ in the community college curriculum and instruction. hottest night spot which he has owned and record industry. He is the only artist to have 5 He has used his skills to create community operated since 1972. albums in the top 12 all at once; the only artist partnerships to benefit students, the college, Al Martino will celebrate his 68th birthday on to have a song to be No. 1 twice—‘‘The Twist’’ and the community. He has been a driving October 7. The son of Italian immigrants, and the only artist to have nine double-sided force behind the Tri-Valley Educational Col- Martino worked as a bricklayer in his father’s hits. laborative, which brings together business and construction business before being encour- Bobby Rydell, unlike many of the other education leaders to address issues of mutual aged to become a singer by his friend Mario Teen Idols, was a genuine musician. At the interest. Lanza. After singing in local clubs, and win- age of 4 or 5, Bobby used to sit in front of the Above and beyond his accomplishments at ning Arthur Godfrey’s Talent Scouts, he re- TV set trying to impersonate performers like the colleges of Chabot and Las Positas, Don corded ‘‘Here In My Heart’’ for the small BBS Louis Prima, Milton Berle, and Johnny Ray. is revered for his compassionate nature, his record label. It shot to No. 1 in the U.S. chart, His father recognized Bobby’s talent and en- ability to know when to lead and when to fol- and sold over a million copies. This disc was couraged him to pursue a show business ca- low, and his sense of humor. While Don’s also the first ever record to top the New Musi- reer. At 5 he began taking lessons on the skills and knowledge will be greatly missed cal Express UK listings, inaugurated in 1952. drums. Three years later he was an accom- and will leave a void at the college, it is his He continued his illustrious career on both plished cabaret performer, playing drums and love of the college, students, faculty, and staff stage and screen. doing imitations. At 9, he was a regular on that will be missed the most. Frankie Avalon was the first and most suc- Paul Whiteman’s television show that was Mr. Speaker, I wish Don Milanese the best cessful of the teen idols from Philadelphia. He broadcast from Philadelphia and performed on of luck in retirement. I hope he finds joy in this was encouraged to perform from the time he it for 3 years. By the time he was a teen, he next chapter of his life in equal measure to the was a child, beginning from when he was tu- was playing drums in a dance band Rocco joy he has given his colleagues in his working tored on the trumpet by his father. By the time and the Saints. Rydell’s million seller, ‘‘Wild life. he was 12, he had joined Rocco and the One’’ was released in early in 1960. ‘‘Swingin’ f Saints, a dance band that featured another School’’ b/w ‘‘Ding-A-Ling’’ was a springtime boy from the CR Club, drummer Bobby Rydell. hit and third million seller. That summer A TRIBUTE TO THE PHILADELPHIA The combo played parish bazaars, shows at ‘‘Volare’’ was released. The song had been MURAL ARTS PROGRAM AND the Sons of Italy Hall, weekend sock hops in pulled from a previous unsuccessful session of THE SOUTH PHILLY MUSICIANS school gyms, and weekend dances at teen MURAL songs in a big band style to introduce Rydell clubs. ‘‘Venus’’ was Avalon’s biggest hit selling to an older audience. more than a million copies in the spring of HON. ROBERT A. BRADY 1959. Three more million sellers in a row, Mr. Speaker, Eddie Fisher received his first OF PENNSYLVANIA ‘‘Bobby Sox To Stockings,’’ ‘‘Just Ask Your wide exposure as frequent guest performer on Eddie Cantor’s early-fifties TV broadcasts. IN THE HOUSE OF REPRESENTATIVES Heart,’’ and ‘‘Why’’ followed. In 1960, he co-starred with Alan Ladd in Later responsible for million-selling records Friday, October 7, 2005 ‘‘Guns of the Timberland’’ and appeared in during the fifties, including ‘‘Any Time,’’ his Mr. BRADY of Pennsylvania. Mr. Speaker, I John Wayne’s ‘‘Alamo.’’ Appearing in a num- signature song, ‘‘O My Papa,’’ and many oth- rise to honor the Philadelphia Mural Arts Pro- ber of other films Avalon did not have a star- ers. In 1953 Eddie Fisher was given his own gram, which will dedicate the new South Phila- ring role until 1963’s ‘‘Drums of Africa.’’ In the 15-minute TV show called ‘‘Coke Time,’’ spon- delphia musicians mural at 9th and Wharton early sixties there was a nationwide surfing sored by the Coca-Cola company. This show Streets in my district on Saturday, October 8. craze and Hollywood did a number of movies proved to be so popular that Coke then of- As everyone knows, Philadelphia has long on the subject. Avalon, along with Annette fered Eddie a $1 million contract to be their been one of the capitols of popular culture. Funicello, were leading stars in these movies. national spokesperson. A deal of that mag- This mural will honor seven of the icons of Starting in 1963 he appeared in ‘‘Beach nitude was almost unheard of at this time and that culture, Jerry Blavat, Al Martino, Frankie Party,’’ ‘‘Muscle Beach,’’ ‘‘Beach Blanket helped push Fisher towards being one of the Avalon, Fabian, Chubby Checker, Bobby Bingo,’’ etc. most popular singers by 1954. At the height of Rydell and Eddie Fisher. Mr. Speaker, Avalon’s friend, Fabian was an his popularity, during the 1950s, Fisher was, Mr. Speaker, I am proud that this mural will overnight singing sensation, a film star with along with Perry Como and Elvis Presley, include one of the pioneers of rock and roll, over 30 films to his credit and the producer of RCA Victor’s top-selling pop vocalist. His my dear friend Jerry Blavat. Jerry was at- his own concert series. Fabian Forte was ac- many hits during this period, all well remem- tracted to the music business because of his tually discovered at the age of 14 sitting on his bered, include: ‘‘Anytime,’’ his first big hit, ‘‘Oh, love for the music, not for fame or wealth. He front steps in Philadelphia. At 15, he won the My Papa,’’ ‘‘Wish You Were Here,’’ ‘‘I Need was a dancer on the original Bandstand tele- Silver Award as ‘‘The Most Promising Male You Now,’’ ‘‘Dungaree Doll,’’ ‘‘I’m Walking Be- vision program, hosted by Bob Horn. He be- Vocalist of 1958.’’ By the time he was 18, he hind You,’’ ‘‘Heart,’’ ‘‘Games That Lovers came a favorite with the viewers and rose to had recorded dozens of hit singles, eight al- Play’’ and ‘‘Somebody Like You.’’

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A07OC8.107 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2075 IN HONOR OF 7TH LANCE point-blank individual weapons. On separate Walla, Washington; and Patrick Mullaly of CORPORAL JAMES R. SARGENT occasions, Marines braved the hail of gre- Kennewick, Washington. She is also survived nade fragments and automatic weapons fire by her sister, Geraldine Overton of Lakewood, to man a 4.2–inch mortar, an 81mm mortar, HON. NICK J. RAHALL II and a 30–caliber machine gun belonging to California, and by her stepchildren, Tom OF WEST VIRGINIA the Special Forces Detachment. Although Mullaly of Irvine, California; Cindy Mullaly of IN THE HOUSE OF REPRESENTATIVES continually exposed, they brought the fires Chicago, Illinois; and Scott Mullaly of San of these weapons to bear on the attacking Diego, California. Carmen is also survived by Friday, October 7, 2005 enemy and inflicted heavy casualties. a niece, Geraldine O. Wiese of Cornwall, Eng- Mr. RAHALL. Mr. Speaker, today, 7th Lance When the survivors of the detachment were land. Carmen was preceded in death by her Corporal James R. Sargent USMC, was laid to ordered to abandon their position, mute evi- stepson, Mark Mullaly, and her husband rest at Arlington Cemetery after being listed as dence of their ferocity as fighting men lay Thomas J. Mullaly. about them in the form of 31 confirmed missing in action for more than 37 years. Although my family and I mourn Carmen Lance Corporal Sargent, a native of enemy dead. The successful evacuation of the position was completed under the direct today, we are also grateful for the many happy Anawalt, WV, was a true American hero and observation and fire of the remaining enemy moments she brought into the lives of those today marks the end of a long journey for his force. Accompanied by the surviving Civilian around her. Today we mourn her death and family and friends. Irregular Defense Group forces, the men of celebrate her abundant life. Lance Corporal Sargent, like so many West the detachment marched for six hours f Virginians, answered our Nation’s call to arms. through dense enemy-infested jungle until He wore the uniform and gave his life for free- successfully extracted by helicopter. Of the RECOGNIZING THE INTER- dom’s cause. original detachment, 13 Marines were killed NATIONAL ATOMIC ENERGY Lance Corporal Sargent was part of an artil- in action and 20 were wounded in action. By AGENCY (IAEA) AND ITS DIREC- their effective teamwork, aggressive fighting lery platoon airlifted to provide support to the spirit, and individual acts of heroism and TOR GENERAL, MOHAMED 11th Mobile Strike Force, which was under daring, the artillerymen of this detachment ELBARADEI, JOINT RECIPIENTS threat of attack from North Vietnamese forces achieved an illustrious record of courage and OF THE 2005 NOBEL PEACE PRIZE near Kham Duc in South Vietnam. On May 9, skill in keeping with the highest traditions 1968, the Strike Force had been directed to of the Marine Corps and the United States HON. EDWARD J. MARKEY reconnoiter an area known as Little Ngok Naval Service. OF MASSACHUSETTS Tavak Hill near the Laos-Vietnam border, in All personnel attached to and serving with IN THE HOUSE OF REPRESENTATIVES the Kham Duc Province. Their base came Detachment, Battery D, Second Battalion, Thirteenth Marines, First Marine Division Friday, October 7, 2005 under heavy attack by North Vietnamese Army (Reinforced), during the cited action, are troops, but after a 10-hour battle, all of the hereby authorized to wear the Meritorious Mr. MARKEY. Mr. Speaker, I rise to recog- survivors were able to withdraw from the area. Unit Commendation Ribbon. nize the award of the 2005 Nobel Peace Prize LCpl, Sargent, one of 13 Marines killed in For the Secretary of the Navy, L. F. CHAP- to the International Atomic Energy Agency this battle, was awarded the Meritorious Unit MAN, JR., Commandant of the Marine Corps. (IAEA) and its Director General, Mohamed Commendation for his heroism at Ngok Tavak. f ElBaradei. Today the IAEA and Dr. ElBaradei The Bible says in the book of John, Chapter were jointly awarded this most prestigious of 15, Verse 13, ‘‘Greater love has no one than CELEBRATING THE LIFE OF CAR- awards for their active efforts against the this, than to lay down one’s life for his MEN N. CIQUEIROS TAFOYA PER- spread of nuclear arms and against the mis- friends.’’ Today we honor not only Lance Cor- KINS MULLALY use of nuclear energy for military purposes. poral Sargent, but all of the soldiers, airmen As we know, Dr. ElBaradei and the IAEA and Marines who, through commitment and HON. LUCILLE ROYBAL-ALLARD were asked by the United Nations, at the urg- courage, have answered the call to protect the OF CALIFORNIA ing of the United States, to serve the cause of ones they love. This is truly the greatest gift IN THE HOUSE OF REPRESENTATIVES world peace by engaging in a vigorous effort one can give. Friday, October 7, 2005 to find whatever evidence might exist of a Nu- I would also like to submit for the RECORD clear Weapons program in Iraq through any- The Secretary of the Navy Citation for the Ms. ROYBAL-ALLARD. Mr. Speaker, I rise time, anywhere inspections. Dr. ElBaradei and Meritorious Unit Commendation—a detailed today to take a few moments to honor my the IAEA did their jobs, and the world had an account of Lance Corporal Sargent’s heroism: cousin, Carmen N. Ciqueiros Tafoya Perkins opportunity both to serve the cause of pre- The Secretary of the Navy takes pleasure Mullaly, from Long Beach, California, whose venting weapons proliferation and heading off in presenting the Meritorious Unit Com- life was cut short on September 11, 2005. a very costly war. Unfortunately, the United mendation to: Detachment, Battery D, Sec- Carmen was born in Los Angeles, California States decided to forego this opportunity, and ond Battalion, and Thirteenth Marines, First on September 17, 1926 and was always a Marine Division (Reinforced) war ensued. proud Angeleno. She attended Hammel Ele- Now, the world is turning once again to the CITATION mentary School and Belvedere Junior High, IAEA as the only way to prevent weapons pro- For heroic achievement in action against and graduated from Roosevelt High School in enemy Viet Cong and North Vietnamese liferation in Iraq and in North Korea. Will the Los Angeles. IAEA be supported this time? The Nobel Com- forces during the defense of the Civilian Ir- Early on in life, Carmen developed a belief regular Defense Group camp known as Ngok mittee’s decision to recognize the work of the Tavak on 10 May 1968. The detachment, con- in the principles of the Democratic Party. An IAEA, and of Dr. ElBaradei, increases the like- sisting of one officer and 43 enlisted men, active member of the League of Women Vot- lihood that such support will be forthcoming. It was tasked with the mission of providing ar- ers, Carmen never missed voting in a single is needed now more than ever. tillery support to the camp. In the early election. My cousin’s enthusiasm for Election I submit below an excerpt from the press re- morning, while providing this support to a Day was an inspiration to all those around her, lease from the Nobel Committee, describing mixed force of U.S Army Special Forces and as she often opened her own home to serve Vietnamese irregulars, the detachment’s de- why the important work of the IAEA and Dr. as a polling precinct for primary and general ElBaradei is deserved of such an honor. fensive position came under attack by a de- elections. At a time when the threat of nuclear arms termined and well equipped enemy force of In addition to her allegiance to the Demo- estimated battalion size. Employing an in- is again increasing, the Norwegian Nobel tense mortar barrage, grenades and heavy cratic Party, Carmen loved being an Anaheim Committee wishes to underline that this small-arms fire, the enemy breached the Angels fan. Carmen enjoyed cheering her fa- threat must be met through the broadest outer defensive wire in two places and surged vorite team on to victory over the years at the possible international cooperation. This through the wire in superior numbers, Angel Stadium of Anaheim. principle finds its clearest expression today launching a series of assaults directly Carmen was beloved by our large family, in the work of the IAEA and its Director against the small defensive perimeter the and we all miss her since her passing. I know General. In the nuclear non-proliferation re- Marines had formed around their howitzers. that my father, former Congressman Edward gime, it is the IAEA which controls that nu- Although seriously depleted by heavy cas- clear energy is not misused for military pur- ualties, including the detachment com- R. Roybal, will especially miss his cousin. poses, and the Director General has stood mander and the platoon sergeant, the gallant Carmen is survived by her children: Virgilia out as an unafraid advocate of new measures men of the detachment steadfastly met and Goodwin of Aurora, Colorado; Jack Perkins of to strengthen that regime. At a time when contained each assault with withering fire Huntington Beach, California; Dwight Perkins disarmament efforts appear deadlocked, from automatic weapons, grenades, and of Woodburn, Oregon; Gayle Rex of Walla when there is a danger that nuclear arms

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.110 E07OCPT1 E2076 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 will spread both to states and to terrorist Id. (emphasis supplied), citing Strickland v. CONFERENCE REPORT ON H.R. 2360, groups, and when nuclear power again ap- Morton, 519 F.2d 467, 469 (9th Cir. 1975)). DEPARTMENT OF HOMELAND SE- pears to be playing an increasingly signifi- CURITY APPROPRIATIONS ACT, cant role, IAEA’s work is of incalculable im- FWS itself has taken the position that recov- 2006 portance. ery plans have no binding effect. Courts have In his will, Alfred Nobel wrote that the SPEECH OF Peace Prize should, among other criteria, be agreed with the agency’s position. For exam- awarded to whoever had done most for the ple, in Biodiversity Legal Found. v. Norton, HON. MARK UDALL ‘‘abolition or reduction of standing armies’’. 285 F.Supp. 2d 1 (D.D.C. 2003), environ- OF COLORADO In its application of this criterion in recent mental groups argued that the recovery plan IN THE HOUSE OF REPRESENTATIVES decades, the Norwegian Nobel Committee has concentrated on the struggle to diminish for the Cape Sable Seaside sparrow had a Thursday, October 6, 2005 the significance of nuclear arms in inter- binding impact to compel revisions to the spe- Mr. UDALL of Colorado. Mr. Speaker, I rise national politics, with a view to their aboli- cies’ critical habitat. FWS asserted that ‘‘ ‘the in support of the FY 2006 Homeland Security tion. That the world has achieved little in content of Recovery Plans required under Appropriations conference report. This bill this respect makes active opposition to nu- ESA § 4(f) is not binding upon the Service, so clear arms all the more important today. does not fully address our homeland security cannot create a legal duty.’’’ Id. at 13. The needs. Still, it provides vital funds to make our f district court, citing the 11th Circuit’s opinion in country safer, and so I will support it today. THREATENED AND ENDANGERED Fund for Animals (discussed above), agreed Total funding in the bill is increased from SPECIES RECOVERY ACT OF 2005 with FWS. It ruled that the sparrow’s recovery this year’s levels. Specifically, the bill in- creases funding over the requested levels for plan ‘‘was merely a guidance, which FWS had SPEECH OF immigration and for customs and border pro- discretion to follow.’’ Id. tection. The agreement also provides $1.5 bil- HON. JIM COSTA Similarly, environmental groups claimed that lion, 35 percent more than current funding, for OF CALIFORNIA the recovery plan for certain whale species science and technology programs. IN THE HOUSE OF REPRESENTATIVES was deficient because it failed to include sub- I am pleased that the conferees adopted an Thursday, September 29, 2005 stantive, mandatory requirements. The court important amendment offered by Rep. DAVID OBEY that requires the Department of Home- The House in Committee of the Whole disagreed, holding that ‘‘[c]ase law instructs land Security (DHS) to provide details on how House on the State of the Union had under that [FWS is] correct in [its] assertion that the consideration the bill (H.R. 3824) to amend money appropriated for responding to Hurri- and reauthorize the Endangered Species Act content of recovery plans is discretionary.’’ canes Katrina and Rita is spent. I am a co- of 1973 to provide greater results conserving Strahan v. Linnon, 967 F.Supp. 581, 597 sponsor of H.R. 3737, a bill that would create and recovering listed species, and for other (D.Mass. 1997), aff’d, 187 F.3d 623 (1st Cir. a Special Inspector General for Hurricane purposes: 1998). The court recognized that FWS is Katrina Recovery who would have oversight Mr. COSTA. Mr. Chairman, I rise today to under a statutory duty to develop a recovery over all federal Hurricane Katrina emergency clarify the intent and importance of language plan ‘‘to the extent that it is feasible and pos- funding. While the Obey amendment doesn’t in H.R. 3824 regarding the discretionary na- sible,’’ but that ‘‘requirement does not mean go as far as this legislation, it is a significant ture of recovery plans under the ESA. Lan- that the agency can be forced to include spe- step forward. guage in TESRA states that, ‘‘Nothing in a re- I am also pleased that the conference report covery plan shall be construed to establish cific measures in its recovery plan.’’ Id. at 598. includes funding to help states comply with the regulatory requirements.’’ This important lan- Environmental groups also argued that the re- REAL ID Act. Estimates are that complying guage will ensure that, as is currently the covery plan for the Perdido Key beach mouse with the Act will cost the states between $100 case, recovery plans cannot be used as a reg- must include an expansion of the species’ crit- million and $500 million over the next 4 years. ulatory ‘‘hammer’’ on private landowners or ical habitat. The court, aligned with all of the Since the majority saw fit to push the REAL ID others. Let me elaborate. other opinions on the topic, rejected the envi- provisions through Congress, it is important The ESA § 4(f) states that the Secretaries of ronmentalists’ argument because ‘‘the con- that Congress also provides funding to do the Interior and Commerce ‘‘shall develop and im- tents of the [recovery plan] are discretionary.’’ job. Still, I’m concerned about shortfalls in the plement recovery plans’’ for listed species, Morrill v. Lujan, 802 F.Supp. 424, 433 ‘‘unless . . . such a plan will not promote the bill. It cuts fire grants by $60 million (8 per- (S.D.Ala. 1992). conservation of the species.’’ This responsi- cent) below FY 2005, even as a recent survey bility has been delegated to the U.S. Fish and There is a strong policy justification for find- found that fire departments all over the coun- Wildlife Service (FWS) and the National Oce- ing that recovery plans are discretionary: try aren’t prepared to respond to a haz-mat in- anic and Atmospheric Administration Fisheries namely, to allow FWS to allocate its scarce re- cident and lack equipment. The bill also cuts Service (NOAA Fisheries) (collectively, the sources as it sees fit. ‘‘Congress recognized State and local domestic preparedness grants Services). that the development of recovery plans for list- by $585 million (19 percent) and Urban Area Thus, as a general matter, the ESA compels ed species would take significant time and re- Security Initiative grants by $270 million (26 percent) below FY 2005 levels. Funding for the Services to develop recovery plans. While sources. It therefore provided in the ESA that FWS and NOAA Fisheries are under a general communications equipment for first responders the Secretary could establish a priority system duty to develop a recovery plan for listed spe- is cut from the levels in the bill the House cies, the federal courts are in unanimous for developing and implementing such plans. passed in May, before Katrina struck—from agreement that the contents of a recovery This priority system allows the Secretary $27 million to $15 million. The bill does pro- plan are discretionary with the Services. Re- broad discretion to allocate scarce resources vide additional funding for border patrol, but covery plans do not impose legal obligations to those species that he or she determines the number of agents still falls 1,000 short of or requirements on anyone—not on private would most likely benefit from development of the 2,000 called for in the Intelligence Reform landowners, not on local or state government a recovery plan.’’ Oregon Natural Resources bill. Since September 11th, just 965 additional units, and not even on the federal government Council, supra, 863 F.Supp. at 1282–83 (em- border patrol agents have been hired—less than a 10 percent increase in 4 years. itself. Rather, the case law makes clear that phasis supplied). recovery plans are guidance documents. The conference report fails to provide much For example, the 11th Circuit Court of Ap- To conclude, in a rare show of agreement more than basic funding for the security of rail peals rejected the argument of an environ- among court interpretations of the ESA, the and public transportation systems because mental group that would have ‘‘elevate[d] the federal judges that have addressed this point DHS has not yet spent funds it was allocated 1987 [Florida panther] recovery plan into a have all agreed that recovery plans are simply last year. Despite the fact that passenger rail document with the force of law.’’ Fund for Ani- discretionary guidance documents, with no in the U.S. carries about five times as many mals v. Rice, 85 F.3d 535,547 (11th Cir. binding effect. It is clearly the intent of H.R. passengers each day as do airlines, this bill only includes $36 million for ground transpor- 1996). The 11th Circuit wrote that ESA § 4(f): 3824 to not only remain consistent with this ‘‘makes it plain that recovery plans are for tation security and $150 million for State established line of precedent, but to codify this grants to protect mass transit systems, as guidance purposes only. . . . By providing gen- important fact. eral guidance as to what is required in a re- compared to $4.6 billion for aviation security. covery plan, the ESA ‘breathe[s] discretion I’m very concerned that crucial security up- at every pore.’’’ grades to our rail and public transportation

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.113 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2077 systems—especially in light of the bombings in statement resolving to establish a ‘‘global part- ‘‘limited’’ abortion license, the reality is that Madrid and London—can’t move forward more nership’’ between the two nations through in- there is abortion on demand. Estimates of quickly. The bill also underfunds port security creased cooperation on a wide range of abortions run as high as 7 million a year. and does not include $50 million for chemical issues. We heartily welcome all of these ac- There are some estimates that 17 percent of plant security that was included in the House- tions. maternal deaths are due to abortion: so much passed bill. However, there is still a long road to travel. for ‘‘safe, legal and rare.’’ I’m also concerned that this bill includes Most observers have focused on the nuclear And abortion is not just at the demand of DHS Secretary Chertoff’s proposal to create a proliferation implications of our announced the mother, but often at the demand of rel- new Preparedness Directory and take that re- agreements as potential stumbling blocks to a atives who don’t want girl babies. The inci- sponsibility away from FEMA, making FEMA a true strategic partnership between the U.S. dence of ‘‘sex-selection abortions’’ has standalone office focused on response and re- and India. But as we seek to develop a stra- reached staggering proportions. As many as covery only. Secretary Chertoff’s proposal was tegic partnership, we must not lose sight of In- 50 million girls and women are missing from made in July—before Hurricane Katrina hit— dia’s serious human rights problems. These India’s population as a result of infanticide and and this bill would move it forward. This Ad- problems are amply documented in the three abortion. In most countries in the world, there ministration crippled FEMA by making it just current State Department reports: the 2004 are approximately 105 female births for every one of many organizational boxes under the Human Rights Report on India, the 2005 Re- 100 males. In India, there are less than 93 Homeland Security Department. Splitting pre- port on Trafficking in Persons, and the 2004 women for every 100 men in the population. In paredness and response and recovery tasks Report on Religious Freedom. All three are one wealthier area of the capital of New Delhi, now would weaken FEMA even further, at a massive catalogues of human rights violations the sex ratio at birth has dropped to 762 girls time when we should be focusing on how to which the Government of India condones, ig- for every 1,000 boys, one of the lowest in the learn from the lessons of Katrina. nores, and in some instances, has even pro- entire country. The problem is getting worse Instead of making these changes in FEMA, moted. as scientific methods of detecting the sex of a we should remove it from DHS and make it an To quote the 2004 Human Rights Report on baby and of performing abortions are improv- independent agency under qualified leader- India: ing. These methods are becoming increasing ship, as would happen under the bill (H.R. Security force officials who committed available even in rural areas. 3816) I introduced last month. human rights abuses generally enjoyed de India banned sex-selection abortions in Mr. Speaker, much remains to be done to facto legal impunity . . . violations included: 1996, but the health minister recently admitted improve our defenses against terrorism. I do torture and rape by police and other govern- that not a single person has ever been con- not believe this bill sets the right priorities or ment agents; . . . harassment and arrest of victed or otherwise punished for having carried human rights monitors; . . . forced prostitu- out sex selective abortions. UNICEF has provides sufficient resources, but it does fund tion; child prostitution and female infan- programs that are critical to our homeland se- ticide; trafficking in women and children; warned that unless steps are taken to address curity. The conference report is an important . . . serious discrimination and violence the problem, India will soon face severe social step, and I will vote for it. against indigenous people and scheduled problems, not least increased trafficking of f castes and tribes; widespread intercaste and women, which is already an enormous prob- communal violence; religiously motivated lem. As more and more girls are aborted or INDIA’S UNFINISHED AGENDA: violence against Muslims and Christians; and murdered after birth, more and more poor EQUALITY AND JUSTICE FOR 200 widespread exploitation of indentured, bond- women and girls will be trafficked. MILLION VICTIMS OF THE CASTE ed, and child labor. All of this background will provide the con- SYSTEM Further, the 2005 Report on Trafficking in text for today’s hearing. India’s Dalits and trib- Persons has this to say. Again I quote: al peoples are victims of all the human rights HON. CHRISTOPHER H. SMITH India is a source, transit, and destination violations prevalent in India, and to a far great- OF NEW JERSEY country for women, men, and children traf- er extent than most other Indians. ficked for the purposes of sexual and labor IN THE HOUSE OF REPRESENTATIVES According to India’s caste system, Dalits are exploitation . . . Internal trafficking . . . for impure, and even their shadow can pollute. Friday, October 7, 2005 . . . sexual exploitation, domestic servitude, bonded labor, and indentured servitude is Dalits are discriminated against, denied ac- Mr. SMITH of New Jersey. Mr. Speaker, widespread . . . the vast majority of females cess to land and forced to work in degrading yesterday the Subcommittee on Africa, Global in the Indian commercial sex industry are conditions. Dalit men, women, and children Human Rights and International Operations currently victims of sexual servitude or were numbering in the tens of millions work as agri- studied the terrible situation facing India’s originally trafficked into the sex trade. India cultural laborers for a few pounds of rice or Dalits and tribal peoples. Taken together, is also home to millions of victims of forced less than a dollar a day. Their upper-caste Dalits and tribal peoples constitute as many as or bonded labor. employers frequently use caste as a cover for 250 million people. The Dalits, whose name The Government of India does not fully exploitative economic arrangements. In India’s means ‘‘the oppressed,’’ are much better comply with the minimum standards for the own version of ‘‘apartheid,’’ entire villages in known as ‘‘untouchables,’’ although this de- elimination of trafficking. many Indian states remain completely seg- meaning name is not the one they choose for India was placed on Tier 2 Watch List for regated by caste. Dalits dare not even walk in themselves. They are also often referred to in human trafficking a second consecutive year the part of the village occupied by higher official documents as ‘‘Scheduled Castes, and in 2005. Many of us believe it should be a Tier castes. They may not use the same wells, visit occasionally as ‘‘Harijans,’’ or ‘‘Children of III country. the same temples, drink from the same cups God,’’ a name given them by Gandhi. The trib- The State Department’s 2004 Report on Re- in tea stalls, or lay claim to land that is legally al peoples are often referred to as Scheduled ligious Freedom also had many harsh words theirs. Dalit children are frequently made to sit Tribes, or Adivasis, which means indigenous for India’s respect for religious freedom. It in the back of classrooms. or aboriginal inhabitants. The Dalits and tribal noted that the Indian government, despite In- Most Dalits continue to live in extreme pov- peoples are treated as virtual non-humans, dia’s constitutional commitment to religious erty, without land or opportunities for better and suffer pervasive discrimination and viola- freedom and secular government, was often employment or education. India has a policy of tion of their human rights. lax in protecting religious minorities from at- quotas in education and government jobs to This topic has taken on a special relevance. tack, and in punishing their persecutors. Reli- benefit Dalits and tribal peoples. But most India’s reformist government has made great gious extremists have taken such laxity as a cannot afford primary education, so their lit- strides to open its economy, and improve the signal that they can attack with impunity. Mis- eracy rates remain very low and only a small lot of all its citizens. It has also played a lead- sionaries were often harassed, and the right to minority can benefit from these quotas. ing role in the Community of Democracies and freely choose one’s own religion was often Dalits are routinely abused at the hands of the U.N.’s Democracy Caucus and the U.N. violated. the police and of higher caste group that en- Democracy Fund. In June and July of this Finally, there is abortion. In theory, India joys the state’s protection. According to India’s year the U.S. and India announced a series of only allows abortions for risk to the life of the National Crime Records Bureau, in 2000, the agreements that represent a quantum leap in mother, or ‘‘grave risks’’ to her health, or for last year for which figures are available, cooperation between the world’s two most ‘‘substantial risk’’ of fetal impairment. Yet like 25,455 crimes were committed against Dalits. populous democracies after decades of es- so many countries where the absolute right to Every hour two Dalits were assaulted; every trangement during the Cold War. On July life of the unborn child has been disregarded day three Dalit women were raped, two Dalits 18th, U.S. and Indian leaders issued a joint in a misguided attempt to provide a so-called were murdered, and two Dalit homes were

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.116 E07OCPT1 E2078 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 torched. And most experts believe that these but that difficulty must be faced and overcome secure method to put patients in contact with numbers are grossly underreported, since in any nation which aspires to its rightful place scientists conducting clinical trials and sci- Dalits are afraid to report crimes to police, and as one of the great nations in the world. To entists studying the environmental and genetic when they do, police often refused to register keep nearly a quarter of one’s population in causes of ALS. or investigate their complaints. In 2001 Am- subhuman status is not only a grotesque viola- We need to provide our Nation’s research- nesty International estimated that only about 5 tion of human rights, but it is a formula for ers and clinicians with the tools and informa- percent of sexual assaults were registered, economic and political stagnation as well. tion they need to make progress in the fight and that police officers dismissed at least 30 Once in America, we deprived African Ameri- against ALS. The data made available by a percent of rape complaints as false. cans of the most basic rights and opportuni- national registry will potentially allow scientists Approximately eighty percent of the tribal ties. This was especially true in our Southern to identify causes of the disease, and maybe population lives below the poverty level. De- states, which were once a byword for poverty even lead to the discovery of new treatment, spite constitutional safeguards, the rights of in- and backwardness among people of all races. a cure for ALS, or even a way to prevent the digenous groups in the eastern parts of the For a long time we refused to act at a national disease in the first place. This is good public country are often ignored. In recent years, level to stop lynchings, often arguing that it policy. crime against the tribes has risen. Indigenous was a local problem. Yet we all suffered the The establishment of a registry will bring peoples suffer discrimination and harassment, consequences of shutting off a huge segment new hope to thousands of patients and their are deprived of their land, and subjected to of our population from equality and justice. families that ALS will no longer be a death torture and to arbitrary arrest. Mob violence, Now, after the civil rights movement ended all sentence. I strongly urge the swift consider- lynching, arson, and police atrocities against legal basis for discrimination, and lynching is ation and passage of the ALS Registry Act of tribal persons occur in many states. only a shameful memory, the Southern states 2005. Dalits and tribal peoples suffer horribly from are among the most economically dynamic in f human trafficking. Dalit girls have been forced America, and all regions of America enjoy un- to become temple prostitutes as devadasis, or precedented prosperity. By fulfilling its prom- RECOGNIZING RICHARD ‘‘NUB’’ ‘‘servants of god,’’ a practice where they are ises of equality and justice for all, India will BROWN ‘‘married’’ to a deity or temple where they are also benefit in every way imaginable. then forced to have sex with upper caste men f HON. JEB HENSARLING and are eventually sold into prostitution. In OF TEXAS INTRODUCTION OF ALS REGISTRY 2001, more than 40,000 tribal women were IN THE HOUSE OF REPRESENTATIVES forced into situations of economic and sexual ACT OF 2005 exploitation. An estimated 40 million people, Friday, October 7, 2005 most of them Dalits, are bonded workers, HON. ELIOT L. ENGEL Mr. HENSARLING. Mr. Speaker, I would many working to pay off debts that were in- OF NEW YORK like to recognize Richard ‘‘Nub’’ Brown of curred generations ago, according to a 1999 IN THE HOUSE OF REPRESENTATIVES Winnsboro, Texas, for his effort to fight crime report by Human Rights Watch. These people and support law enforcement through the Friday, October 7, 2005 work under slave-like conditions for less than Enough Is Enough Drug Task Force. U.S. $1 per day. Fifteen million are children, Mr. ENGEL. Mr. Speaker, I rise to introduce On April 18, 2005, in response to a drug-re- and according to UNICEF, the majority are the ALS Registry Act of 2005 with my es- lated tragedy in Winnsboro, Nub Brown gath- from the lowest castes. teemed colleague, LEE TERRY of Nebraska. ered over 340 members of the community in Dalits and tribal peoples are often the tar- We are proud to have the support of over 40 the high school auditorium and cried, ‘‘Enough gets of Hindu religious extremism as well. other bi-partisan members of Congress today is enough!’’ Several committees were formed Over the years, many Dalits and tribal groups as original co-sponsors of this important legis- that evening to work with city officials and law have converted from Hinduism to other faiths lation. enforcement officers to rid Winnsboro of to escape widespread discrimination and Amyotrophic Lateral Sclerosis (ALS) is a drugs. Today this program is helping educate achieve higher social status. However, such fatal, progressive neurodegenerative disease and inform the community of Winnsboro about converts often lose benefits conferred by the that affects motor nerve cells in the brain and drug awareness and to help achieve a safe Government’s affirmative action programs be- spinal cord. While the great baseball player, and drug-free environment. cause these, according to the Constitution, are Lou Gehrig, put a national face on ALS over Nub Brown is an active member of his com- reserved only for those having scheduled 65 years ago, my own family was devastated munity, serving as the Youth and Education caste status. Converts to Christianity are par- by the death of my grandmother, Dora Engel, Minister of Pine Street Baptist Church since ticularly targeted. who passed away from ALS in her 50s. Unfor- 1997. He is also an active member of his Christian missionaries have been operating tunately, families across the Nation face the community, speaking on drug and alcohol schools and medical clinics for many years in challenges and experience the suffering asso- awareness in many schools, civic clubs, youth tribal areas and among the very poor, and trib- ciated with ALS every single day. 5,600 peo- groups and churches, as well as serving the al peoples and Dalits have made great strides ple in the U.S. are diagnosed with ALS each prison ministry at the Clyde M. Johnston Unit as a result. Hindu extremists resent these year, and it is estimated that as many as in Winnsboro. gains for disturbing the traditional social order, 30,000 Americans have the disease at any As the father of two children, I appreciate since better educated Dalits and tribals no given time. The average life expectancy for a the leadership of Nub Brown and his commit- longer accept their disadvantaged status as person with ALS is two to five years from the ment to rid his community of drugs. Today, I readily as they once did. Some Hindu groups time of diagnosis. The causes of ALS are not would like to thank him for his public service fear that Christians may try to convert large well understood and there is no known cure. and for the outstanding contributions he has numbers of lower caste Hindus, using eco- We must provide hope to change this tragedy made to make his community and his country nomic or social welfare incentives. Many acts today. a better place. of violence against Christians stem from these Surprisingly, a single national patient reg- f fears, and most go unpunished. Many states istry which collects and stores information on have also adopted anti-conversion laws, in the prevalence and incidence of ALS does not 70TH ANNUAL TUSKEGEE- violation of India’s constitutional protection for currently exist in the United States today. The MOREHOUSE FOOTBALL CLASSIC religious freedom. legislation I am introducing with Congressman In many cases, India has very good laws to TERRY, would create an ALS registry at the HON. SANFORD D. BISHOP, JR. protect the human rights of its citizens, al- Centers for Disease Control and Prevention OF GEORGIA though new and tougher legislation against and will aid in the search for a cure to this IN THE HOUSE OF REPRESENTATIVES trafficking is clearly necessary. But the best devastating disease. The registry will collect laws in the world are useless unless there is data concerning: the incidence and prevalence Friday, October 7, 2005 vigorous enforcement, and all too often, en- of ALS in the United States; the environmental Mr. BISHOP of Georgia. Mr. Speaker, this forcement of laws protecting human rights is and occupational factors that may contribute Saturday, October 8, 2005, the Golden and weak or non-existent. As an American I can to the disease; the age, race or ethnicity, gen- Maroon Tigers will face each other on the field easily understand the difficulty in a demo- der and family history of individuals diag- at McClung Stadium in Columbus, Georgia for cratic, federal system of confronting deeply in- nosed; and other information essential to the the 70th Annual Tuskegee-Morehouse Foot- grained social prejudices against a minority, study of ALS. The registry will also provide a ball Classic.

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.119 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2079 The historic clash of these two titans of col- Mr. Speaker, I would also take this oppor- been tasked with the most strategic yet risky lege football, is more than just a ball game be- tunity to praise the good work of Taiwan Rep- assignments, often moving from town to town, tween two rivals, the event itself, themed a resentative David Tawei Lee. He is a fine dip- door to door, in search of armed insurgents ‘‘salute to our military troops’’ is an opportunity lomat who has kept those of us in Congress along the Euphrates River. And as desperate for us to pause and celebrate the tremendous well informed and well briefed on all of the lat- insurgents have been staging more frequent role that we as African Americans and as est developments in Taiwan. and deadly attacks on our armed forces, Lima former, current and future leaders of men and Again, congratulations to the people of Tai- Company endured the brunt of these attacks women play in the success of our great na- wan on their Independence Day and I wish the on that fateful day in August and laid to rest tion. 23 million people of Taiwan continued nine brave soldiers. As many of you know, African-Americans progress and prosperity. When confronted with a loss as great as have a proud and rich tradition of service to f this, we all search for some perspective, trying our nation. From Crispus Attucks, born a to balance the sacrifices made by these brave slave, who was the first casualty of the Revo- TRIBUTE TO STEVE SLIGER Marines with the vital mission our soldiers are lutionary War to the oldest Buffalo Soldier and carrying out in both Iraq and Afghanistan. We Calveryman, Sergeant Mark Matthews, who HON. JOHN L. MICA take some solace in knowing that because of fought under General Pershing in the Spanish OF FLORIDA the commitment and dedication to freedom by American War and recently died at age 111; IN THE HOUSE OF REPRESENTATIVES America’s soldiers and those of our allies, from the Black Union Soldiers who volun- more people in the Middle East region are liv- teered and fought in America’s Civil War, to Friday, October 7, 2005 ing in freedom under democratically elected July 19, 1941, when during World War II, a Mr. MICA. Mr. Speaker, my good friend and governments than at any point in the history of program began in Alabama to train black an outstanding Central Florida businessman, this region. We have witnessed free elections Americans as military pilots, a squadron of Stephen Blair Sliger, passed away on October in Palestine and the election of a leader com- fighter pilots that we now know as the 4, 2005. mitted to achieving lasting peace. Saudi Ara- Tuskegee Airmen. He is a native of Deland, Florida where was bia has held elections, and Syria has ended We honor and recognize those African- he born on November 21, 1952. Steve Sliger its occupation of Lebanon. Libya’s nuclear pro- American servicemen and women who have was preceded in death by his brother, Gus A. gram has been dismantled, and Egypt is al- served in the Korean War, Vietnam, and Oper- Sliger. Gus, also a close friend, lost his life 10 lowing for challengers to compete in a public ation Desert Storm, as well as the brave sol- years ago in a tragic motorcycle accident. election against the sitting president. This diers, sailors and marines who continue to Steve headed Sliger and Associates of Port democratic domino effect portends a safer, serve in our Nation’s global war on terror. Offi- Orange, FL. founded by his late brother. freer future for the people of the Middle East cers and soldiers trained by institutions such A wonderful father and husband, he was and the rest of the world. as Morehouse College and Tuskegee Univer- dedicated to his family, his community, and his As Lima Company returns home to Ohio, sity have and continue to fight for freedom. business. the Iraqi people are about to embark on a We pay tribute to them today, as we honor the To Steve’s wife, Sonia, his sons Adam and monumental endeavor—casting a vote on their courageous men and women, here at Fort Noah, his father Gus A. Sliger, II and all of his very own Constitution—drafted by officials Benning and around the world who dedicate family, we extend our deepest sympathy. They they selected just ten months ago in a free their lives for their country. have lost a loved one. I have lost a good and fair election. I have to think that the cross- Therefore, I invite my colleagues in the U.S. friend and our community has lost a great ing of these two meaningful events is not coin- House of Representatives, as well as those American. cidental. There is far too much symbolism. present at this year’s 70th Annual Tuskegee- f This Constitution is a tangible and lasting sym- Morehouse Football Classic to join me in sa- bol of freedom and liberty in a part of the luting our military troops. We pause in celebra- HONORING LIMA COMPANY, 3RD world that for centuries has known neither, yet tion and in recognition of their service and BATTALION, 25TH REGIMENT without the brave sacrifices of Lima Company, sacrifice on our behalf. UPON THEIR RETURN HOME and all of America’s armed forces, they would f FROM IRAQ probably never know. Thank you, Lima Com- pany, for your bravery, heroism, and sacrifice. IN RECOGNITION OF TAIWAN HON. DEBORAH PRYCE We welcome you home. HON. MICHAEL M. HONDA OF OHIO f OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES RECOGNIZING MELVIN KREB OF IN THE HOUSE OF REPRESENTATIVES Friday, October 7, 2005 HUMBOLDT COUNTY, CALIFORNIA Friday, October 7, 2005 Ms. PRYCE of Ohio. Mr. Speaker, through- Mr. HONDA. Mr. Speaker, I rise today to out Operation Iraqi Freedom and Operation HON. MIKE THOMPSON celebrate the anniversary of the Republic of Enduring Freedom in Afghanistan, Ohio has OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES China’s (Taiwan) Independence Day, a day shouldered an enormous share of the sac- commonly referred to as Double 10 Day. Dou- rifice, but no one has shouldered a greater Friday, October 7, 2005 ble 10 Day celebrates the start of the share than the Marines and families of Lima Mr. THOMPSON of California. Mr. Speaker, Wuchang Uprising on October 10, 1911, which Company, 3rd Battalion, 25th Regiment, I rise today to recognize Melvin Horton Kreb, led to the collapse of the Qing dynasty. It is based in my hometown of Columbus. On Au- deputy director of the California Conservation therefore also known in Chinese as National gust 3, 2005, this brave group of soldiers lost Corps and a distinguished citizen of Humboldt Celebration Day. I am proud to join with the nine of their brethren in western Iraq. Since its County, CA. He is being honored for his con- people of Taiwan and their leader President deployment in March, Lima Company has lost tribution to one of our Nation’s most precious Chen Shui-bian in commemorating the Chi- fifteen of its 160 men. rights—participation in the political system. His nese people’s struggle for independence. The 3rd Battalion, 25th Marines’ reputation commitment to the preservation of our political Double 10 Day offers those of us in Con- is legendary. First activated on May 1, 1943, liberty is worthy of appreciation and recogni- gress an opportunity to recognize Taiwan’s ‘‘3/25’’ captured a key airfield at the Batte of tion. friendship and unwavering alliance with the Iwo Jima in the Pacific. The battalion fought Mr. Kreb, a graduate of Humboldt State Uni- United States. This strong alliance is predi- heroically in the battles of Kwajalein Atoll, versity, has served with distinction at the Cali- cated in part on shared values. In fact, Taiwan Saipan, Tinian, and Colonel Justice Marino fornia Conservation Corps since 1980. He has nurtured a stable democracy and vibrant Chambers received the Congressional Medal began his career as a conservation adminis- economy that encourages the entrepreneurial of Honor for his bravery as Commander of the trator and spent many years as the district di- spirit. Taiwan has also become a model soci- 3/25 at Iwo Jima. After being deactivated at rector for northern California. In the past year ety. It has excellent schools, outstanding med- the end of WWII, the battalion was reactivated he was singled out to become the chief deputy ical care, a strong economy, and many of its in January of this year, and headed to Iraq in director in the State of California. people enjoy one of the highest standards of March. Mel was a founding member of the Eel living. Taiwan’s social welfare programs have It truly is impossible for us to fully com- River Watershed Improvement Group and the been making laudable efforts to raise the prehend the dangerous mission these valiant Salmonid Restoration Federation. He has re- standard of living for all. Marines have undertaken in Iraq. They’ve ceived numerous awards for his restoration

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.123 E07OCPT1 E2080 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 work, including the Renew America Founda- Gendron, 3 great-grand-children, Julia and thing. There was no problem that seemed too tion Award and the Chevron Times Mirror Hannah Cochran and Alex Tirado, and many big, no hurdle that seemed too high, nothing Conservation Award. From the Salmonid Res- nieces and nephews. we couldn’t accomplish. Because our founda- I ask unanimous consent to enter into the tion was strong—Mom was always there to toration Federation he was presented with the support and encourage us. distinguished Nat Bingham Restorationist of CONGRESSIONAL RECORD the eloquent words Mom taught us many things. She taught us the Year award. that Steven Gendron, Mary’s son, wrote and about love and commitment through her re- Mel Kreb has been unflagging in his com- delivered at his Mother’s funeral. lationship with my father. For 60 years most mitment to his community. In addition to his It is an honor for me to stand here today everybody knew her as half of either Mary & long and distinguished career in the California and share the collective reflections of my Arthur, Ma & Dad or Nana & Grampy. It was Conservation Corps, Mel has served on nu- brother and sisters, Gerry, Billy, Patty, a true lifelong love story. She waited for him while he fought the Nazis, and when he re- merous boards of directors, including the Chrissie and me, about the life of my Mom. I have to tell you, that everyone of us want- turned there was no turning back. Oh, don’t Humboldt State Alumni Association, the ed to do this, but, I’m the baby, and I usually get me wrong, they had trying moments like Backcountry Horsemen of California and the get my way. any couple, but in the end they cared more Humboldt Democratic Central Committee. He I stopped into a photo store a couple days about each other than they did themselves. was a charter member of the Fortuna Certified ago to get copies of some pictures that we And there was never any question that they Farmer’s Market and is active in the Fortuna wanted to display at the wake and funeral. I would be together to the end. Kiwanis as well as serving as the chair of the explained to the saleswoman what I wanted, Mary was truly a professional wife and and I didn’t notice an old acquaintance of mother. She had all the qualifications: Redcrest Volunteer Fire Department. Cooking: Mary would best be termed an Mel’s dedication to his community has been mine standing at the counter just a few feet away. When the sales lady stepped away, the Irish Cook. There was never a recipe book in shared by his wife Hollis and passed along to old friend surprised me by saying ‘‘Are you our house, yet there was always a stew or their children Gabriel and Helena. having a celebration Steve?’’ ‘‘Oh Hi,’’ I re- spaghetti in the big silver pot on the stove, Mel is being recognized this year for his out- plied, ‘‘No, actually, my Mom passed away and if a few extra people showed up, well a standing contributions to the political process yesterday and we just wanted to display can of soup and a bottle of ketchup could some pictures at the wake.’’ Now the woman stretch it a long way. by the Humboldt County Democratic Central And you know, Arthur was one of those felt bad and said, ‘‘oh, I’m sorry to hear Committee as the ‘‘Democrat of the Year, guys who expected dinner to be on the table that.’’ The sales lady returned and I finished 2005.’’ and hot when he arrived home from work. In my business, and as I walked out of the Mr. Speaker, it is appropriate at this time the morning, coffee was to be percolated, store, the old friend said, ‘‘Steve, you know, never that instant stuff. Well, Billy tells the that we recognize Melvin Horton Kreb for his it will be a celebration . . . a celebration of story of how one morning he caught Mom contribution to the ideals and traditions that her life.’’ I was touched by the comment and have made our country a great nation. reaching deep into the cabinet for a bottle of I said, ‘‘you’re right, it will be a celebra- Taster’s Choice. She gave him a wink and a f tion.’’ ‘‘Shhh’’ as she poured it into the coffee pot. So, we’re happy to see all of you here That morning, and every morning, Arthur TRIBUTE TO MARY RITA GENDRON today, to help us celebrate the life of a thought the coffee was delicious. I wonder woman we all loved. how many times it really was fresh brewed. And Mary loved to celebrate. She loved to Sewing: Mom’s sewing machine was always HON. MARTIN T. MEEHAN dance, and she loved to sing. We can all re- OF MASSACHUSETTS humming, but her sewing skills mirrored her member her singing around the house all the cooking skills. She was no seamstress but IN THE HOUSE OF REPRESENTATIVES time. I have a vivid memory of her when I had functional sewing skills. She was good at Friday, October 7, 2005 was about 6 years old, one of those memories modifying what she had, Gerry remembers that is so clear it’s like a little video clip in her hemming and altering everything, and it Mr. MEEHAN. Mr. Speaker, I rise today to you’re mind. She’s walking across the kitch- wasn’t uncommon for this year’s new dress pay my respects to Mary Rita Downing en, while I’m eating breakfast, snapping her to be an updated version of last year’s. Gendron. Mary passed away on Wednesday, fingers and singing, ‘‘Nothing could be finer, Ironing: You haven’t worn a shirt until September 14, 2005, at the age of 84. Mary than to be in Carolina, in the morning’’. I you’ve worn one ironed by Mary Gendron. was born in Lowell on December 24, 1920, don’t think she’d ever been to Carolina, ex- Never a wrinkle. She even put starch in your cept maybe for a stopover on the drive down underwear. Except there was the time that the daughter of John and Rose Purcell Down- to Florida, but she liked the song, singing it ing. For 60 years, she was the beloved wife of she burned an iron-sized hole into Chrissie’s made her happy, and it made us happy too. bridesmaid dress, 2 days before Patty’s wed- the late Arthur W. Gendron, a former Lowell And she loved to be with her friends. Back ding. Fortunately her functional sewing firefighter. in the old days there were the Bon Ton Girls, skills kicked in and she patched it up, and Mrs. Gendron is survived by three daugh- a group of high school friends that would nobody knew the difference. ters and two sons, Geraldine R. McSwiggin hang together and go to dances. I saw a few Home Decorating: With the change of sea- and her husband Jack of Dracut, William A. of the Bon Ton Girls last night, and one of sons Mom would make new curtains, rear- Gendron and his wife Paula Skrekas, Patricia them told me how they would run their own range the furniture or paint the room. It fundraisers, to rent a place at the beach dur- A. Tobin and her husband Kevin, Christine G. used to drive my Father crazy because she’d ing the summer. Kay McCabe can give you usually end up painting the windows shut. Florence and her husband William, and Ste- more details on that little group if you’re in- Shopping: Mom was the ultimate bargain phen J. Gendron and his wife Katherine terested. hunter. She loved nothing more to spend the Kijanka, all of Lowell, as well as a son-in-law And then there was the ‘‘Club,’’ the group days with Mrs. Barrows or one of her other Bruce G. Johnson, also of Lowell. of Gendron sisters-in-law, and a few hon- ‘‘chums’’, as she would call them, out sifting She is also survived by four sisters-in-law, orary sisters-in-law, that would get together through the bins in search of a good deal. and three brothers-in-law, Barbara on Saturday evenings when the boys were off She was always in search of something nice playing cards. We can remember them meet- McSweeney Downing, formerly of Lowell, Leo for her kids or grandkids at a price that fit ing in the ‘‘parlor’’, or front room, of our her budget. and Terry Gendron, Francis and Jane house on A Street. They’d bring their knit- Typing: My mother was actually an accom- Gendron, both of Lowell, and Gerald and ting, they’d sit, they’d chat and laugh up a plished secretary. She could type like the Terry Gendron of Salem, NH. storm. wind and she was an excellent speller. She She was the mother of the late Mary R. And then later in life there was the Clark never obtained a college degree, but based on Gendron Johnson, sister of the late John W. Rd. knitting group that would get together the number of college papers she proofread Downing, Harold Downing, Christine Downing for much the same type of thing on a regular and typed, we figure she’s earned at least six. basis. Mom was so proud of her kids and her Lisien, Gertrude and Madeline Downing, and Mom was completely, and totally dedi- grandkids. She’d beam when she told you the sister-in-law of the late Elizabeth Arm- cated to her family. She could teach our that we were all college educated and suc- strong Downing, Walter Lisien, Gladys politicians a few things about family values. cessful in our careers. And her pride only in- Gendron Lowell, Leighton, Leonard and Ray- And she probably learned those from her own creased as our own families began to blos- mond Gendron. close family growing up. Her brother Johnny som. She treated her daughters and sons-in- Mrs. Gendron leaves 20 grandchildren, Mer- was like a father to her, and Uncle John and law as if they were her own, and she always edith Johnson Wall, Kirsten Johnson, Katie Aunt Sis were like grandparents to us. She made time for each of her 20 grandchildren McSwiggin Cochran, Laurie McSwiggin Tirado, adored her sister Tina, and her brother Har- and 3 great-grandchildren, making each one old meant the world to her. of them feel special. Maureen and John McSwiggin, Daniel, Tricia In our family, she was our foundation; al- As you all know, for the last 10 years or so, and Kristina Tobin, William, Maggie and Pat- ways in the background—always there to my mother has been a victim of Alzheimer’s rick Florence, Kathleen, Elena, William, Paul, support us. Growing up my brother and sis- Disease. It is a terrible disease that my fa- Stephen, Matthew, Michael and Christopher ters and I never really worried about any- ther once termed a ‘‘living death’’. At first,

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0626 Sfmt 0634 E:\CR\FM\A07OC8.127 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2081 the symptoms she exhibited are those that the woman who may well have left us with award named in his honor as part of the an- most people are familiar with, such as for- words from the song that my sisters chose nual American Psychological Association con- getfulness and disorientation. But as the for the back of the program today: vention. symptoms become more debilitating, she be- I hope you still feel small when you stand be- Ted was perhaps best known for pioneering came harder and harder to care for. Thank side the ocean. God for my Dad, who truly rose to the occa- work he did on the subject of gays in the mili- Whenever one door closes, I hope that one tary. From 1987 until just before his death, sion, keeping her at home much longer than more opens. would normally have been possible. But ulti- Promise me that you’ll give faith the fight- Ted was a researcher for the Defense Per- mately, we were forced to provide profes- ing chance. sonnel Security Research and Education Cen- sional care for her. And if you get the chance to sit it out or ter at the Naval Postgraduate School in Mon- This is when we found Life Care Center of dance. terey, California. The Department of Defense the Merrimack Valley. I have to tell you, our I hope you dance. founded the Center to study the impact of psy- first impression of the place was not good. In fact, it was horrible. Mom’s transition was f chology on national security in the wake of its discovery of a spy ring embedded in the Navy. painful. She fought every step of the way. IN HONOR OF TED SARBIN There were many tears. But slowly, Mom He had been at the Center less than a year and the rest of us began to grow accustomed when he co-authored a report which found no to her new environment. HON. SAM FARR evidence to support the idea that gay and les- Slowly, we began to learn about the later OF CALIFORNIA bian soldiers pose a security risk. The report stages of this disease and how to cope with IN THE HOUSE OF REPRESENTATIVES later became public in 1990 when it was pub- it. We learned that Mom and the other resi- dents of the unit, while trapped inside their Friday, October 7, 2005 lished under the title ‘‘Gays in Uniform: The Pentagon’s Secret Reports.’’ own bodies, could give you a glimpse of their Mr. FARR. Mr. Speaker, I rise today to personalities if you worked at it. Slowly, all The Report’s publication propelled Ted into of us, children, spouses and grandchildren, honor my dear friend Ted Sarbin, who recently the spotlight. However, despite its notoriety, learned not to be afraid of these patients, passed away at his Carmel home in my Cen- the ‘‘Gays in Uniform’’ report simply reflected but instead to embrace them and try to tral California district. He was 94. I knew Ted the theme of Ted’s life work: Listen to others make their lives just a little more pleasant. first as a friend of my late father, but the aca- and refrain from judgment in reporting the In doing so, we all made new friends. We demic world knew Dr. Sarbin as a pioneering facts. Ted called this narrative psychology— can’t say enough about the caregivers at Life research psychologist who helped shape the Care. They treat each resident with respect listen to what the patient has to say rather modern science of psychology. than rush to characterize them. and dignity, while somehow maintaining Born Theodore Ray Sarbin on May 8, 1911, their sense of humor. They are truly doing Ted had a devoted following of former stu- God’s work on earth. Mom had found a new Ted rose from humble beginnings in Cleve- dents and colleagues. He established a cus- family there, and so had we. land, Ohio, as one of six children of Russian tom 40 years ago of hosting an annual party So, in the final years of her life, nearly immigrant parents. As a young man, he rode where he would present his own award ‘‘Role helpless, and unable to communicate, Mom the rails as a hobo, an experience he later Theorist of the Year,’’ to one of those gath- still had something else to teach us. This said helped him identify with people on the time she taught us about compassion. ered. He presided over these celebrations with margins of society. In 1941, he earned a grace and wit. This past August, he hosted his And do you know, that even in her chal- Ph.D. from Ohio State University and did fur- lenged condition, she could spell almost any final such banquet which drew over sixty par- word you asked, she could recite the Lord’s ther post doctorate work at the University of ticipants. Prayer in its entirety, and she could still Chicago. His dissertation used data gathered Ted bought a vacation home in Carmel in sing. She could sing When Irish Eyes are at the University of Minnesota to examine the the 1950s. He moved to my hometown for Smiling from beginning to end, Let me call relative accuracy of statistical versus clinical good in the 1970s. He loved to golf and you Sweetheart and yes, ‘‘Nothing could be prediction of undergraduate success. During played almost every Monday, always aiming to Finer than to be in Carolina in the Morn- this time he also collaborated on research to shoot his age, which he achieved at 89. He ing.’’ I guess some memories never fade. measure hypnotic depth. This work pioneered In the end, Mary became as comfortable at and his wife, Genevieve, often hosted elabo- Life Care as anyone could in her condition. research in these fields and framed the ques- rate costume parties where he always played She became known around the nursing home tions for hundreds of subsequent studies by the part of Don Quixote—a role he often as Mary, the girl who liked to dance. The psychologists. played in his professional life. last time I saw her, just a week ago, my son In 1949, after a short stint as a clinical psy- Ted is survived by his sons Jim Allen, Ron- Mike and I walked her up and down the halls chologist in Illinois and Los Angeles, he joined ald Allen, and Theodore Sarbin; sister Ruth of the nursing home. At least 15 employees the faculty at UC Berkeley. In 1969, he left UC stopped us along the way and gave her a big Landy; domestic partner Karen Sobeck; four Berkeley to join the faculty at UC Santa Cruz. grandchildren: Mathew Allen, Chelsea Allen, hello, and some did a little dance with her. During these academic years, he gained the Mary gave them all a smile, and it prompted Park Allen, and Link Allen; and two great Mike to say, ‘‘Boy Dad, Nana’s really pop- reputation as an energetic teacher and grad- grandchildren: MacKenzie Allen and Delaney ular.’’ In fact, one of the nurses told me last uate student mentor, supervising more stu- Allen; and numerous people who still love and night that Mary, was. dents than any other faculty member in his de- cherish him. His late wife Genevieve Sarbin, In closing, I have to say how proud I am to partment. He also gained the reputation as a died in 1999. be a part of this family. During both Mom prolific author of studies and journal articles. f and Dad’s illness, everybody stepped up to He focused his work on psychopathology—the the plate. Thank God Chrissie chose to pur- study of anti-social behavior and its root IN HONOR OF THE UKRAINIAN sue the medical profession, she was always AMERICAN VETERANS, POST #24 the first phone call, and always there to put causes and effects. He became known as the medical jargon in laymans terms. We ‘‘Mr. Role Theory,’’ defending the unorthodox OF PARMA, OHIO truly valued her advice. And Gerry is just al- view that the label ‘‘mental illness’’ was often ways there. Whatever you need, whatever used as a moral judgment to express or exert HON. DENNIS J. KUCINICH you want, Gerry will get it for you, even if it social power over those whose conduct was OF OHIO means great inconvenience to her own fam- perceived as unwanted or dangerous. IN THE HOUSE OF REPRESENTATIVES ily. Billy was the father-figure, always there In the course of his academic career, Ted for the heavy lifting, and to take care of the published over 250 scientific articles and book Friday, October 7, 2005 business end of things. And Patty was the principal, the peacemaker, always keeping chapters. He received scores of honors, in- Mr. KUCINICH. Mr. Speaker, I rise today in the communication lines open, and keeping cluding both Fulbright and Guggenheim fellow- tribute and recognition of the Ukrainian Amer- us sane. As Chrissie put it, everybody con- ships. He received the Morton Prince Award ican Veterans, Post #24, of Parma, Ohio, as tributed, and nobody wimped out. I think from the Society for Clinical Experimental Hyp- they will preside over the blessing of a com- Mom and Dad are proud of us today. nosis, as well as the Henry Murray Award memorative monument anchoring the ‘‘Walk- When you leave today, if you should think from the American Psychological Association. way of Remembrance’’ within the Ohio West- about Ma, or Mary, or Nana in the future, we In 2001, the Western Psychological Associa- ern Reserve National Cemetery in Rittman, hope you don’t think about the woman af- flicted with Alzheimer’s Disease. We hope tion recognized him with a lifetime achieve- Ohio. you think about the woman who enjoyed the ment award. Although Ted officially retired in The newly erected monument will forever simple things in life, a woman content to be 1976, he never stopped working. He continued symbolize the bravery and sacrifice of the men the quiet foundation of the family, a woman to teach and write throughout his life. Recently and women of Ukrainian heritage who heeded who would sing while serving breakfast, and in Washington, D.C., Ted presented a new the call of duty on behalf of our country. The

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.131 E07OCPT1 E2082 CONGRESSIONAL RECORD — Extensions of Remarks October 7, 2005 individual and collective service of these vet- URGING CONGRESS TO SUPPORT its mission and for being recognized as an erans continues to play a key role in pro- DEMOCRATIC ELECTIONS IN Intel School of Distinction. tecting our democracy, during times of peace COTE D’IVOIRE f and times of war. PERSONAL EXPLANATION American veterans of Ukrainian descent HON. EDOLPHUS TOWNS continue to be a vital source of strength in OF NEW YORK HON. BARBARA LEE IN THE HOUSE OF REPRESENTATIVES every branch of the United States military, dat- OF CALIFORNIA ing back to the dawn of America. The deep Friday, October 7, 2005 IN THE HOUSE OF REPRESENTATIVES dedication to justice and significant contribu- Mr. TOWNS. Mr. Speaker, democracy has Friday, October 7, 2005 tion to American society by Ukrainian Amer- begun to take hold in Afghanistan and Iraq re- ican veterans has been, and continues to be, Ms. LEE. Mr. Speaker, on September 29, cently, and today the United States has an op- 2005, I was unable to vote during rollcall vote a vital strength within our community, and portunity to affirm democracy and democratic within our Nation. No. 504 as I had to attend a funeral in my Dis- principles in another country—Cote d’ivoire. trict. Had I been present, I would have voted Mr. Speaker and colleagues, please join me Congress, along with the Bush administra- against H. Con. Res. 245. in honor of the Ukrainian Veterans of America, tion, must commit the resources that are I am increasingly concerned that resolutions Post #24, as they commemorate the unwaver- needed to ensure that this strong U.S. ally can like H. Con. Res. 245 are being used to score ing service reflected by veterans of Ukrainian hold its election at the earliest possible date. political points, rather than resolutions that heritage; their honorable service within the Just 5 years ago, 85 percent of the Ivorian could be well-intended expressions of reason- United States Armed Forces will be remem- people approved a Constitution mandating that able patriotism and commitment to our na- bered always. Let us also recognize United Cote d’ivoire’s President remain in office until tional identity. States veterans of every ethnic background, an election result. Similarly, in the last Congress, we consid- whose united commitment serves to strength- Violating this critical provision of the Con- ered legislation (H.R. 2028) that would strip en our entire Nation. stitution could render the rest of the document the Federal Courts of jurisdiction over cases null and void and throw the country into further involving the Pledge of Allegiance. Though the chaos. f legislation was intended to ostensibly deal with Postponing the election would also reward the ‘‘under God’’ controversy, which was bad CELEBRATING AND SUSTAINING Cote d’ivoire’s anti-government rebels, who enough considering the important role that the CHINESE AND AMERICAN CUL- have waged a brutal campaign of fear and in- Courts play in ensuring that our legislative en- TURAL CONTRIBUTIONS timidation. Any peace plan must include the actments are permissible in light of the Con- disarmament of these rebels. stitution’s protections of our citizens, it unfortu- Supporting democracy and democratic prin- nately also had broad implications on cases in HON. DONALD A. MANZULLO ciples is of particular importance in Cote which individuals, especially members of reli- d’ivoire, which is the economic anchor of West gious minorities, would seek enforcement of OF ILLINOIS Africa. their constitutional right for religious practice. IN THE HOUSE OF REPRESENTATIVES I am today introducing a Sense of Congress I voted against that legislation because it Resolution urging the Bush Administration and threatened the separation of powers estab- Friday, October 7, 2005 the Congress to declare, unequivocally, that lished in our Constitution and undermined the the United States supports a free and fair constitutionally established function of the Mr. MANZULLO. Mr. Speaker, I rise today presidential election in Cote d’ivoire at the ear- to recognize the Festival of China taking place Federal Courts to interpret the law, a principle liest possible date, and I encourage my col- established in Marbury v. Madison two cen- at the Kennedy Center. This festival is the leagues to cosponsor this measure. turies ago. I believe that H. Con. Res. 245 largest in the history of the Kennedy Center Supporting democracy, not thwarting it, would similarly be incompatible with the First and the largest celebration of Chinese per- must be a guiding principle of America’s rela- Amendment’s religious protections and would forming arts ever undertaken in the United tions with nations throughout the world. thereby harm religious minorities for whom the States. Indeed, the Kennedy Center is coordi- f recitation of the Pledge is a violation of their nating the performances of more than 800 art- faith. ists from China and the United States and is CONGRATULATING CRESTHILL MIDDLE SCHOOL Mr. Speaker, it is the responsibility of Con- hosting more than 50 events associated with gress to protect the rights of all of our citizens the month-long celebration. and to pass laws consistent with that great Mr. Speaker, it is well known that significant HON. THOMAS G. TANCREDO document, The Constitution of the United OF COLORADO differences exist between the United States States, not pass laws that flout its principles. IN THE HOUSE OF REPRESENTATIVES and China in some areas of current policy and I believe that H. Con. Res. 245 deviates from practices. This is why it remains important that Friday, October 7, 2005 those responsibilities and that is why, had I our government fosters cooperative artistic Mr. TANCREDO. Mr. Speaker, I rise today been able to attend the day’s proceedings, I interaction between our two countries. I am to congratulate Cresthill Middle School in would have voted, ‘‘no.’’ pleased to commend the Kennedy Center and Highlands Ranch Colorado. Cresthill has been f the Chinese Ministry of Culture for collabo- named an Intel School of Distinction in Profes- BROCK PETERS IN MEMORIAM rating in this vein. sional Development. This award recognizes Mr. Speaker, I also want to draw this body’s schools in which teachers, administrators, and HON. DIANE E. WATSON staff work together to continuously improve attention to the important role that these cul- OF CALIFORNIA student learning. tural exchanges play in the overarching rela- IN THE HOUSE OF REPRESENTATIVES The Intel School of Distinction award adds tionship between China and the United States. Friday, October 7, 2005 As Chairman of the US-China Interparliamen- to the list of honors bestowed upon Cresthill tary Exchange, I know that it is important that Middle School, which has also been named a Ms. WATSON. Mr. Speaker: the United States and China continue to work Blue Ribbon School of Excellence. These hon- Whereas, It was with great sadness and a ors reflect the school’s extraordinary commit- to understand each other on a variety of lev- deep sense of loss that word was received of ment to education and speak to the dedication els. Mutual cooperation, particularly through the death in Los Angeles of Brock Peters on of the teachers, students, and parents. August 23, 2005, one of America’s most dis- U.S.-China exchange programs and cultural Mr. Speaker, schools such as Cresthill Mid- tinguished actors of stage and screen, whose events, brings about a deeper understanding dle School that foster academic excellence for deeds in life merit the respectful acknowledge- and, in turn, can strengthen our bilateral rela- its students and professional development for ment of his community and nation; and tionship, so we can resolve our differences. its teachers, deserve recognition. In its mis- Whereas, he was born George Fisher on Mr. Speaker, I applaud this exposition as it sion statement, Cresthill Middle School cham- July 2, 1927 in New York City, the child of works to deepen our appreciation for some of pions all students in the quest toward achieve- Sonny and Alma A. Fisher, following a year at China’s unique cultural treasures and enhance ment and responsible citizenship. I am proud the University of Chicago in 1944 and under- the friendship between our two countries. to congratulate the school both for living up to graduate study at the City College of New

VerDate Aug 31 2005 08:21 Oct 08, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A07OC8.135 E07OCPT1 October 7, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2083 York from 1945 to 1947, he worked as a Resolved, by U.S. Representative Diane E. Despite rhetoric to the contrary, the Presi- YMCA and Parks Department instructor, hos- Watson, that the outstanding artistic achieve- dent’s actions will prove just as devastating to pital orderly and shipping clerk in New York ments and exemplary civic contributions of workers in the Gulf region as the destruction while studying for the acting and singing ca- Brock Peters be Saluted and Memorialized in wrought by the hurricanes. Mr. Speaker, I ask reer which was the object of his life-long the Annals of the Congress of these United unanimous consent that this Post article be dreams; and States of America, with most sincere condo- printed in the RECORD in its entirety. Whereas, Brock first took the stage at the lences to his bereaved family and prayers that [From the Washington Post, Oct. 7, 2005] his soul may now rest in eternal peace. age of 15 in the 1943 Broadway production of SMALL BUSINESSES LOSE KATRINA CLEANUP Gershwin’s Porgy and Bess, sang bass with Attested this 27th Day of August in the Year CONTRACTS TO LARGE FIRMS the DePaur Infantry Chorus, joined a traveling 2005. (By Jonathan Weisman) cabaret act that played in American and Cana- f dian clubs, and was among the first African When Al Knight received notice Friday TAIWAN’S NATIONAL DAY that his small company’s contract to help Americans to break through in television when wire Louisiana’s storm-damaged Alvin he sang on The Arthur Godfrey Talent Scouts Callendar Naval Air Station had been in 1953; and HON. DAVID WU abruptly canceled, he could not have known Whereas, Brock’s film career flowered when OF OREGON the reverberations would reach Washington he breathed life into some of the most memo- IN THE HOUSE OF REPRESENTATIVES within days. rable roles in American cinema, playing ‘‘Ser- Friday, October 7, 2005 But the plight of little Knight Enterprises geant Brown’’ in Otto Preminger’s Carmen LLP has several compelling factors: a minor- Mr. WU. Mr. Speaker, on October 10, 2005, Brown in 1954 and ‘‘Crown’’ in the 1959 film ity owned small business in New Orleans los- Taiwan’s National Day, I offer my best wishes version of Porgy and Bess, yet these vil- ing out to a big, national firm; local work- and congratulations to the people of Taiwan ers, mainly African American, first dev- lainous portrayals nearly stalled Brock’s career for building a democratic, peaceful and pros- astated by Hurricane Katrina and then sup- until he garnered his most famous role in perous island. Taiwan witnessed the first ever planted by out-of-state, low-wage replace- 1962, that of the innocent but falsely accused peaceful transition of political power in Chi- ments; questions over White House wage ‘‘Tom Robinson’’ vindicated by Gregory Peck’s nese cultural history in 2000. policies; and a name that has haunted the Oscar-award winning performance in To Kill A Bush administration since the invasion of Taiwan is also an island with a significant Mockingbird, henceforth Brock’s film char- Iraq—Halliburton. Little wonder that Sen. population and a prosperous economy. The acters varied between the noble and the noto- Carl M. Levin (D-Mich.) highlighted it yes- two peoples, both Taiwanese and Americans, rious, including ‘‘Johnny’’ in 1962’s The L- terday as he grilled the Federal Emergency share a common belief in democracy, the ad- Management Agency’s acting director, R. Shaped Room and ‘‘Rodriguez’’ in 1965’s The herence of human rights and the rule of law. David Paulison, on the Bush administra- Pawnbroker, and more than a dozen other I believe it is important that we maintain a free tion’s hurricane recovery contracts. films including The Incident (1967), Soylent and open relationship. The United States After Katrina hit, most of Knight’s elec- Green (1972), Lost in the Stars (1974), Two- should remain committed to stability in the re- tricians found themselves with nothing: Minute Warning (1976), Star Trek IV (1986) gion. I believe the United States must continue homeless, jobless and broke. But when Ala- and Star Trek VI (1991), in between which bama-based BE&K landed a subcontract to to play a role in guaranteeing the peaceful Brock had a significant television career, play- help rebuild the naval air station, it turned resolution any destabilizing issues between ing featured or recurring roles in Roots: The to Knight for electricians—he says 75, BE&K Taiwan and the People’s Republic of China. says 59 at the peak of work. Next Generation (1979), Battlestar Galactica It is my hope that there will be enduring (1979) and the musical Polly! (1989) as well BE&K was working for Kellogg, Brown & peace and stability in the Asia Pacific region, Root, a subsidiary of Halliburton Co., Vice as scores of guest show appearances and film especially in the Taiwan Strait. It is also my President Cheney’s former company. voice-overs, yet Brock never abandoned live hope that both Taiwan and the People’s Re- When BE&K came to him, Knight said he theater, where he starred in such hits as public of China will soon resume their dia- was told his work would run well into the Othello (1963), My Children, My Africa (1990), logue, as it is my belief that negotiation is im- millions of dollars and stretch out as long as and the stage versions of The Great White perative to any resolution. 20 months. His men would be paid the pre- Hope (1971), Driving Miss Daisy (1989) and vailing union wage of $22.09 an hour, plus Lost in the Stars; and f health benefits. Whereas, having married Delores ‘‘DiDi’’ DAVIS-BACON SUSPENSION After three weeks, the initial work was 60 Daniels in 1961, the couple sustained a tire- LEAVES LOCALS JOBLESS IN percent completed. Then, on Friday, Knight received a letter informing him that BE&K less parallel career as advocates for African GULF workers—largely from out of state and, ac- American drama and craftsmanship, together cording to Knight, earning $14 to $15 an hour founding Delbro Enterprises which produced HON. MAJOR R. OWENS without benefits—could take over from Five on the Black-Hand Side (1973), and the OF NEW YORK there. PBS documentary This Far by Faith (1975), Susan Wasley, a BE&K spokeswoman, said IN THE HOUSE OF REPRESENTATIVES and directing an actors studio specializing in Knight’s crew was always there merely to African and African American theater, Brock Friday, October 7, 2005 augment the company’s own staff of 45 elec- also became a co-founder of the Dance The- Mr. OWENS. Mr. Speaker, the indefinite tricians. Knight Enterprises was let go be- ater of Harlem; such artistic leadership gar- suspension of Davis-Bacon by President Bush cause its work was done. nered numerous honors for Brock Peters in- Knight did not blame BE&K for his dis- has destroyed the hopes of local residents in appointment. Instead, he pointed to Presi- cluding Presidency of the California Arts Com- the Gulf region—many of whom had already dent Bush’s decision last month to suspend mission, induction in the Black Filmmakers lost everything in the wake of Hurricanes the so-called Davis-Bacon federal law that Hall of Fame, the Best Actor in a Musical Katrina and Rita. Now Gulf residents who mandates that workers on federal projects be Award from the Drama Desk and Outer Critics work in construction have to contend with paid the average wage of an area, often the Circle Awards, nomination for a Tony Award, wages even lower than those normally pre- union wage. Once BE&K was forced to com- and receipt of awards from the National Film vailing in Louisiana, Mississippi, Alabama, and pete with nonunion companies for KBR con- Society and the Screen Actors Guild, and; several counties in Florida. As documented by tracts, they could not afford the union elec- tricians that dominate Louisiana, he said. ‘‘I Whereas, Brock Peters, preceded in death an article which appeared in today’s Wash- can tell you this for sure,’’ Knight said. ‘‘If by his beloved wife DiDi in 1990, leaves to ington Post, the President’s suspension of Davis-Bacon wage rates were left alone, then cherish his memory his beloved daughter Lisa Davis-Bacon and clear preference for political you’d have local Louisiana people working Jo Peters and a host of family, friends, col- cronies also appears to make Gulf residents on local projects, and we would be working leagues and fans; Now, therefore, be it last on the list for Katrina reconstruction jobs. today.’’

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HIGHLIGHTS Senate passed H.R. 2368, Department of Defense Appropriations. Senate agreed to the conference report to accompany H.R. 2360, Home- land Security Appropriations. The House passed the following measure, ‘‘Gasoline for America’s Secu- rity Act of 2005.’’. Senate agreement on the future status of Kosovo, and the Chamber Action resolution was then agreed to. Pages S11331–32 Routine Proceedings, pages S11247–S11337 Permit Processing Fund Extension: Committee Measures Introduced: Fourteen bills and three res- on Environment and Public Works was discharged olutions were introduced, as follows: S. 1855–1868, from further consideration of H.R. 3765, to extend S. Res. 271–272, and S. Con. Res. 58. through March 31, 2006, the authority of the Sec- Pages S11313–14 retary of the Army to accept and expend funds con- Measures Passed: tributed by non-Federal public entities and to expe- dite the processing of permits, and the measure was Department of Defense Appropriations: By a then passed, after agreeing to the following amend- unanimous vote of 97 yeas (Vote No. 254), Senate ments proposed thereto: Page S11332 passed H.R. 2863, making appropriations for the Stevens (for Inhofe) Amendment No. 2057, to Department of Defense for the fiscal year ending modify the reauthorization period of a certain water September 30, 2006, as amended. Pages S11247–75 resource program. Page S11332 Senate insisted on its amendment, requested a Stevens (for Inhofe) Amendment No. 2058, to conference with the House thereon, and the Chair amend the title. Page S11332 was authorized to appoint the following conferees on the part of the Senate: Senators Stevens, Cochran, National Character Counts Week: Senate agreed Specter, Domenici, Bond, McConnell, Shelby, Gregg, to S. Res. 271, designating the week beginning Oc- Hutchison, Burns, Inouye, Byrd, Leahy, Harkin, tober 16, 2005, as ‘‘National Character Counts Dorgan, Durbin, Reid, Feinstein, and Mikulski. Week’’. Pages S11332–33 Page S11275 Honoring Judge Constance Baker Motley: Senate Community Disaster Loans: Senate passed S. agreed to S. Res. 272, recognizing and honoring the 1858, to provide for community disaster loans. life and achievements of Constance Baker Motley, a Pages S11280–85 judge for the United States District Court, Southern District of New York. Pages S11333–34 Social Services Emergency Relief and Recovery Act: Senate passed H.R. 3971, to provide assistance Use of Capitol Grounds: Senate agreed to H. to individuals and States affected by Hurricane Con. Res. 161, authorizing the use of the Capitol Katrina, after agreeing to the following amendment Grounds for an event to commemorate the 10th An- proposed thereto: Pages S11329–30 niversary of the Million Man March. Page S11334 Stevens (for Grassley) Amendment No. 2059, in Department of Homeland Security Appropria- the nature of a substitute. Pages S11329–30 tions—Conference Report: Senate agreed to the Kosovo: Committee on Foreign Relations was dis- conference report to accompany H.R. 2360, making charged from further consideration of S. Res. 237, expressing the sense of the Senate on reaching an D1030

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Boyer, of Texas, to be United States Alter- Authorizing Leadership To Make Appoint- nate Executive Director of the Inter-American Devel- ments—Agreement: A unanimous-consent agree- opment Bank. ment was reached providing that notwithstanding Israel Hernandez, of Texas, to be Assistant Sec- the adjournment of the Senate, the President of the retary of Commerce and Director General of the Senate, the President pro tempore, and the Majority United States and Foreign Commercial Service. and Minority Leaders be authorized to make ap- Charles A. Ford, of Virginia, to be Ambassador to pointments to commissions, committees, boards, the Republic of Honduras. conferences, or interparliamentary conferences au- John R. Fisher, of the District of Columbia, to be thorized by law, by concurrent action of the two an Associate Judge of the District of Columbia Houses, or by order of the Senate. Page S11331 Court of Appeals for the term of fifteen years. Adjournment Resolution: A unanimous-consent Kenneth L. Wainstein, of Virginia, to be United agreement was reached providing that, notwith- States Attorney for the District of Columbia for the standing the adjournment of the Senate, when the term of four years. Senate receives from the House of Representatives Kent R. Hill, of Virginia, to be an Assistant Ad- the adjournment resolution, the concurrent resolu- ministrator of the United States Agency for Inter- tion be agreed to and the motion to reconsider be national Development. Colleen Duffy Kiko, of Virginia, to be General laid on the table. Page S11331 Counsel of the Federal Labor Relations Authority for Transportation/Treasury Appropriations—Agree- a term of five years. ment: A unanimous-consent agreement was reached David H. McCormick, of Pennsylvania, to be providing that at 3 p.m. on Monday, October 17, Under Secretary of Commerce for Export Adminis- 2005, Senate begin consideration of H.R. 3058, tration. making appropriations for the Departments of Trans- Darryl W. Jackson, of the District of Columbia to portation, Treasury, and Housing and Urban Devel- be an Assistant Secretary of Commerce. opment, the Judiciary, District of Columbia, and John Hillen, of Virginia, to be an Assistant Sec- independent agencies for the fiscal year ending Sep- retary of State (Political-Military Affairs). tember 30, 2006. Page S11329 Kim Kendrick, of the District of Columbia, to be Nomination—Joint Referral: A unanimous-consent an Assistant Secretary of Housing and Urban Devel- agreement was reached providing that when the opment. Committee on Homeland Security and Governmental Patrick M. O’Brien, of Minnesota, to be Assistant Affairs reports the nomination of Julie L. Myers, of Secretary for Terrorist Financing, Department of the Kansas, to be an Assistant Secretary of Homeland Se- Treasury. curity, the nomination be referred sequentially to the Robert A. Mosbacher, of Texas, to be President of Committee on the Judiciary for up to 30 calendar the Overseas Private Investment Corporation. days, provided further, that if the nomination is not Mark Langdale, of Texas, to be Ambassador to the reported by that time it be discharged automatically Republic of Costa Rica. from the Committee on the Judiciary and placed on Keith A. Nelson, of Texas, to be an Assistant Sec- the Executive Calendar. Page S11331 retary of Housing and Urban Development. Treaties Approved: The following treaties having Patricia Louise Herbold, of Washington, to be passed through their various parliamentary stages, up Ambassador to the Republic of Singapore. to and including the presentation of the resolution Stewart A. Baker, of Virginia, to be an Assistant of ratification, upon division, two-thirds of the Sen- Secretary of Homeland Security. ators present having voted in the affirmative, the res- H. Dale Hall, of New Mexico, to be Director of olutions of ratification were agreed to: the United States Fish and Wildlife Service. Inter-American Convention Against Terrorism Darlene F. Williams, of Texas, to be an Assistant (Treaty Doc. 107–18) with one understanding; and Secretary of Housing and Urban Development.

VerDate Aug 31 2005 05:49 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORDCX\T37X$J0E\D07OC5.REC D07OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE D1032 CONGRESSIONAL RECORD — DAILY DIGEST October 7, 2005 Keith E. Gottfried, of California, to be General A routine list in the Foreign Service. Counsel of the Department of Housing and Urban Pages S11330–31, S11336–37 Development. Nominations Received: Senate received the fol- Alfred Hoffman, of Florida, to be Ambassador to lowing nomination: the Republic of Portugal. Harriet Ellan Miers, of Texas, to be an Associate Emil W. Henry, Jr., of New York, to be an As- Justice of the Supreme Court of the United States. sistant Secretary of the Treasury. Page S11336 Edward McGaffigan, Jr., of Virginia, to be a Member of the Nuclear Regulatory Commission for Nominations Withdrawn: Senate received notifica- the term of five years expiring June 30, 2010. tion of withdrawal of the following nominations: George M. Gray, of Massachusetts, to be an As- Philip D. Morrison, of the District of Columbia, sistant Administrator of the Environmental Protec- to be an Assistant Secretary of the Treasury, which tion Agency. was sent to the Senate on May 26, 2005. Barry F. Lowenkron, of Virginia, to be Assistant Timothy Elliott Flanigan, of Virginia, to be Dep- Secretary of State for Democracy, Human Rights, uty Attorney General, which was sent to the Senate and Labor. on June 20, 2005. Page S11337 William Paul McCormick, of Oregon, to be Am- Messages From the House: Pages S11304–05 bassador to New Zealand, and serve concurrently and Measures Referred: Page S11305 without additional compensation as Ambassador to Petitions and Memorials: Pages S11305–13 Samoa. Francis Rooney, of Florida, to be Ambassador to Additional Cosponsors: Page S11314 the Holy See. Statements on Introduced Bills/Resolutions: Josette Sheeran Shiner, of Virginia, to be United Pages S11314–28 States Alternate Governor of the International Bank Additional Statements: Pages S11299–S11304 for Reconstruction and Development for a term of five years; United States Alternate Governor of the Amendments Submitted: Pages S11328–29 Inter-American Development Bank for a term of five Notices of Hearings/Meetings: Page S11329 years; United States Alternate Governor of the Afri- Authority for Committees to Meet: Page S11329 can Development Bank for a term of five years; United States Alternate Governor of the African De- Record Votes: One record vote was taken today. velopment Fund; United States Alternate Governor (Total—254) Page S11256 of the Asian Development Bank; and United States Adjournment: Senate convened at 8:15 a.m. and Alternate Governor of the European Bank for Recon- adjourned at 1:11 p.m., until 2 p.m., on Monday, struction and Development. October 17, 2005, contingent on the action of the Lyons Gray, of North Carolina, to be Chief Finan- Senate on the adjournment resolution from the cial Officer, Environmental Protection Agency. House of Representatives, that if the Senate does not Jacqueline Ellen Schafer, of the District of Colum- agree to the adjournment resolution, the Senate will bia, to be an Assistant Administrator of the United reconvene at 12 noon on Tuesday, October 11, 2005. States Agency for International Development. (For Senate’s program, see the remarks of the Acting Brenda LaGrange Johnson, of New York, to be Majority Leader in today’s Record on page S11336.) Ambassador to Jamaica. Alexander R. Vershbow, of the District of Colum- Committee Meetings bia, to be Ambassador to the Republic of Korea. Thomas A. Shannon, Jr., of Virginia, to be an As- (Committees not listed did not meet) sistant Secretary of State (Western Hemisphere Af- fairs). BUSINESS MEETING John J. Danilovich, of California, to be Chief Ex- Committee on Homeland Security and Governmental Af- ecutive Officer, Millennium Challenge Corporation. fairs: Committee ordered favorably reported the fol- Jendayi Elizabeth Frazer, Assistant Secretary of lowing business items: State (African Affairs), to be a Member of the Board An original bill to repeal the increased micropur- of Directors of the African Development Foundation chase threshold; and for the remainder of the term expiring September The nomination of Julie L. Myers, of Kansas, to 27, 2009. be an Assistant Secretary of Homeland Security.

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VerDate Aug 31 2005 05:49 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORDCX\T37X$J0E\D07OC5.REC D07OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE D1034 CONGRESSIONAL RECORD — DAILY DIGEST October 7, 2005 House of Representatives Rejected the Bishop motion to recommit the bill Chamber Action to the Committee on Energy and Commerce with Public Bills and Resolutions Introduced: 44 pub- instructions to report the same back to the House lic bills, H.R. 4012–4055; 1 private bill, H.R. forthwith with amendments (by a recorded vote of 4056; and 8 resolutions, H. Con. Res. 264–266; and 200 ayes to 222 noes, Roll No. 518). Pages H8788–91 H. Res. 486–490, were introduced. Pages H8807–09 Pursuant to the rule the amendment in the nature Additional Cosponsors: Pages H8809–10 of a substitute recommended by the Committee on Reports Filed: Reports were filed today as follows: Energy and Commerce, now printed in the bill and S. 1339, to reauthorize the Junior Duck Stamp modified by the amendment printed in part A of H. Conservation and Design Program Act of 1994 Rept. 109–245, shall be considered as adopted. (Rept. 109–246). Page H8807 Page H8756 Chaplain: The prayer was offered today by Rev. Rejected: Henry Holley, Director of Asian Affairs, Billy Stupak amendment in the nature of a substitute Graham Evangelistic Association, Marietta, Georgia. (printed in part B of H. Rept. 109–245) that sought Page H8737 to give explicit authority to the FTC to define price gouging. It preserves the FTC’s existing civil penalty Journal: Agreed to the Speaker’s approval of the authority and authorizes new civil penalties of up to Journal by a yea-and-nay vote of 348 yeas to 63 three times the amount of unjust profits gained by nays, Roll No. 516. Pages H8737, H8749–50 companies who engage in price gouging. It also in- Permitting individuals to be admitted to the creases our nation’s refinery capacity by establishing Hall of the House in order to obtain footage of a federal Strategic Refinery Reserve which would the House in session for inclusion in the orienta- build upon the success of the Strategic Petroleum tion film to be shown to visitors at the Capitol Reserve (SPR) by creating a natural extension of the Visitor Center—Order of Business: The House SPR—a refinery reserve (by a recorded vote of 199 agreed that (1) it shall be in order at any time to ayes to 222 noes, Roll No. 517). Pages H8778–88 consider H. Res. 480, permitting individuals to be H. Res. 481, the rule providing for consideration admitted to the Hall of the House in order to obtain of the bill was agreed to by a yea-and-nay vote 216 footage of the House in session for inclusion in the yeas to 201 nays, Roll No. 515, after agreeing to orientation film to be shown to visitors at the Cap- order the previous question without objection. itol Visitor Center; (2) the resolution be considered as read; (3) the previous question shall be considered Pages H8739–49 as ordered on the resolution to its adoption without Agreed by unanimous consent that H. Res. 481 intervening motion except ten minutes equally di- be considered as amended by striking the number vided and controlled by the chairman and ranking 3983 and inserting in lieu thereof the number 3893 minority member of the Committee on Rules. in the text. Page H8739 Page H8739 Agreed to amend the title so as to read ‘‘Pro- viding for the consideration of the bill (H.R. 3893) Permitting individuals to be admitted to the to expedite the construction of new refining capacity Hall of the House in order to obtain footage of in the United States, to provide reliable and afford- the House in session for inclusion in the orienta- able energy for the American people, and for other tion film to be shown to visitors at the Capitol purposes.’’. Page H8749 Visitor Center: The House agreed to H. Res. 480, to permit individuals to be admitted to the Hall of Suspensions: The House agreed to suspend the rules the House in order to obtain footage of the House and pass the following measure which was debated in session for inclusion in the orientation film to be on Thursday, October 6: shown to visitors at the Capitol Visitor Center, with Honoring the life and work of Simon no objections. Page H8739 Wiesenthal and reaffirming the commitment of Gasoline for America’s Security Act of 2005: The Congress to the fight against anti-Semitism and House passed H.R. 3893, to expedite the construc- intolerance in all forms, in all forums, and in all tion of new refining capacity in the United States, nations: H. Con. Res. 248, to honor the life and to provide reliable and affordable energy for the work of Simon Wiesenthal and reaffirming the com- American people (by a recorded vote of 212 ayes to mitment of Congress to the fight against anti-Semi- 210 noes, Roll No. 519). Pages H8750–93 tism and intolerance in all forms, in all forums, and

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, October 17 2 p.m., Monday, October 17

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 3 p.m.), Senate will begin consideration of H.R. 3058, Transportation, Treasury, HUD, Judiciary, DC Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Herger, Wally, Calif., E2054 Norton, Eleanor Holmes, D.C., E2073 Hobson, David L., Ohio, E2065 Owens, Major R., N.Y., E2083 Baca, Joe, Calif., E2072 Honda, Michael M., Calif., E2061, E2070, E2079 Pallone, Frank, Jr., N.J., E2061 Beauprez, Bob, Colo., E2061 Inglis, Bob, S.C., E2056 Poe, Ted, Tex., E2069 Bishop, Sanford D., Jr., Ga., E2078 Jackson, Jesse L., Jr., Ill., E2073 Pombo, Richard W., Calif., E2057, E2066 Brady, Robert A., Pa., E2074 Kanjorski, Paul E., Pa., E2046, E2048, E2049, E2050, Pryce, Deborah, Ohio, E2079 Burgess, Michael C., Tex., E2059 E2052, E2054, E2056 Putnam, Adam H., Fla., E2057 Cannon, Chris, Utah, E2064 Kind, Ron, Wisc., E2064 Rahall, Nick J., II, W.Va., E2053, E2075 Castle, Michael N., Del., E2068 Kucinich, Dennis J., Ohio, E2047, E2049, E2081 Rangel, Charles B., N.Y., E2045, E2048, E2052, E2054, Cleaver, Emanuel, Mo., E2047, E2050 Lantos, Tom, Calif., E2053, E2057 E2056, E2060 Costa, Jim, Calif., E2058, E2076 Lee, Barbara, Calif., E2045, E2048, E2051, E2056, E2072, Reyes, Silvestre, Tex., E2070 Costello, Jerry F., Ill., E2071 E2082 Roybal-Allard, Lucille, Calif., E2075 Cuellar, Henry, Tex., E2065 Lofgren, Zoe, Calif., E2073 Smith, Adam, Wash., E2055 Cummings, Elijah E., Md., E2070 McCollum, Betty, Minn., E2071 Smith, Christopher H., N.J., E2077 Cunningham, Randy ‘‘Duke’’, Calif., E2059 McCotter, Thaddeus G., Mich., E2047, E2049 Solis, Hilda L., Calif., E2059 Davis, Susan A., Calif., E2069 Maloney, Carolyn B., N.Y., E2055, E2062, E2071 Spratt, John M., Jr., S.C., E2065 Diaz-Balart, Lincoln, Fla., E2053 Manzullo, Donald A., Ill., E2082 Tancredo, Thomas G., Colo., E2082 Dreier, David, Calif., E2062 Markey, Edward J., Mass., E2075 Tauscher, Ellen O., Calif., E2073 Engel, Eliot L., N.Y., E2078 Meehan, Martin T., Mass., E2080 Thompson, Mike, Calif., E2079 Etheridge, Bob, N.C., E2055 Meek, Kendrick B., Fla., E2060 Tiberi, Patrick J., Ohio, E2065 Evans, Lane, Ill., E2065 Meeks, Gregory W., N.Y., E2062 Towns, Edolphus, N.Y., E2082 Farr, Sam, Calif., E2081 Menendez, Robert, N.J., E2053 Udall, Mark, Colo., E2076 Forbes, J. Randy, Va., E2060 Mica, John L., Fla., E2079 Udall, Tom, N.M., E2048, E2051 Gallegly, Elton, Calif., E2053 Miller, Gary G., Calif., E2069 Van Hollen, Chris, Md., E2048, E2050 Gohmert, Louie, Tex., E2070 Miller, Jeff, Fla., E2052 Watson, Diane E., Calif., E2082 Harman, Jane, Calif., E2052 Moran, James P., Va., E2058 Wilson, Joe, S.C., E2066 Hensarling, Jeb, Tex., E2078 Napolitano, Grace F., Calif., E2058 Wu, David, Ore., E2083

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