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

Home , Anna Lucasta (play), Father Divine, Lee Archer (pilot), Percy Sutton, She Hate Me

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

Vol. 151 WASHINGTON, WEDNESDAY, FEBRUARY 9, 2005 No. 13 House of Representatives The House met at 10 a.m. and was hearing us, and granting our many pe- pursued his calling. He has been the called to order by the Speaker pro tem- titions. In Jesus’ name we pray. Amen. Pastor of Welcome Baptist Church for pore (Mrs. EMERSON). f the past 12 years. f Pastor Allen is the Vice Moderator THE JOURNAL and District Missionary of the Winding DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. The Gulf District Association. He has PRO TEMPORE Chair has examined the Journal of the served as Supply Minister to many The SPEAKER pro tempore laid be- last day’s proceedings and announces area churches and does extensive work fore the House the following commu- to the House her approval thereof. in the evangelistic field. nication from the Speaker: Pursuant to clause 1, rule I, the Jour- Pastor Allen is also the founding WASHINGTON, DC, nal stands approved. Bishop of Tsidkenu Ministries, a State- February 9, 2005. f chartered outreach ministry. In addi- I hereby appoint the Honorable JO ANN tion, Pastor Allen is the President of EMERSON to act as Speaker pro tempore on PLEDGE OF ALLEGIANCE the Christian Ministers Alliance of this day. The SPEAKER pro tempore. Will the Beckley, West Virginia, and vicinity. J. DENNIS HASTERT, gentleman from Indiana (Mr. PENCE) He is married to Gloria J. Allen, who Speaker of the House of Representatives. come forward and lead the House in the is with us today, and they are the f Pledge of Allegiance. proud parents of five children and grandparents to five grandchildren. PRAYER Mr. PENCE led the Pledge of Alle- giance as follows: Pastor Allen states that he is a God- The Reverend David F. Allen, Pastor, I pledge allegiance to the Flag of the called, spirit-filled preacher of God’s Welcome Baptist Church, Beckley, United States of America, and to the Repub- Word. West Virginia, offered the following lic for which it stands, one nation under God, Madam Speaker, again it is an honor prayer: indivisible, with liberty and justice for all. for me to introduce and welcome to the Almighty God, creator of the uni- f U.S. House of Representatives the Rev- verse and maker of this free and great erend David F. Allen, Pastor of the WELCOMING THE REVEREND Nation in which we live, it is once Welcome Baptist Church in Beckley, DAVID F. ALLEN again that a few of Your humble serv- West Virginia, to deliver our opening ants have come before Your throne in (Mr. RAHALL asked and was given prayer. Thank you. prayer. We come first of all to ask permission to address the House for 1 f Your divine forgiveness for all of our minute and to revise and extend his re- transgressions, and to thank You for marks.) MTV’s PROGRAMMING HURTS KIDS how You have blessed and showed favor Mr. RAHALL. Madam Speaker, it is (Mr. PITTS asked and was given per- to the United States of America. indeed a high honor for me to rise mission to address the House for 1 Heavenly Father, we pray that You today to introduce our guest chaplain, minute and to revise and extend his re- would forever keep us mindful of what the Reverend David F. Allen, Pastor of marks.) the scripture says, ‘‘Righteousness the Welcome Baptist Church, located Mr. PITTS. Madam Speaker, it seems exalteth a nation, but sin is a reproach in my Third Congressional District in that Music Television plays a lot more to any people.’’ my hometown of Beckley, West Vir- than music these days. From reality Great Jehovah, we ask You to bless ginia. TV to tasteless dramas, MTV has be- all of our leaders, and we ask special Pastor Allen was born and raised in come one of cable’s largest purveyors blessings upon this 109th Congress. Greenstown, West Virginia, and is one of smut. Lord, give them great wisdom to deal of eight children raised by his mother, A report released by the Parents Tel- with hindsight as well as a super- a single parent. He was educated in the evision Council found that the level of natural ability to deal with foresight. Fayette County public school system sex and foul language on MTV is far God, lead us in the paths that You and holds several teaching certificates higher than anything found on adult- would have us to go and direct Con- and certifications through the National targeted television. The report says gress in every decision that they must Baptist Convention. that children watching MTV view an make. Pastor Allen received his call to the average of nine sexual scenes, 18 sexual Father, we will gladly give Your preaching ministry at the age of 14, depictions and 17 instances of sexual name the praise for being so good to us, and since that time he has actively dialogue and innuendo per hour.

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 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H418 CONGRESSIONAL RECORD — HOUSE February 9, 2005 A study done by RAND last year ment accounts to give Americans the We need to protect and preserve Social shows that kids this age often adopt opportunity to make the same amount Security not just for the next election, the sexual behaviors and attitudes of of dollars work harder for them in the but for the next generation. I beg my their favorite TV characters. By glam- future. Democrat colleagues to put a plan on orizing drug and alcohol abuse, sexual President Franklin Roosevelt, on the table. We will not boo. We will look promiscuity and violent behavior, MTV January 17, 1935, said in a speech to at it and take the best of your ideas lies to our kids. Instead of making Congress about Social Security that its and combine them with the best ideas them cool, MTV is often harming our second wave would be ‘‘compulsory, of the Senate, the House and the White kids. contributory annuities which in time House. Many say this is no big deal, but they will establish a self-supporting system We all seem to agree, in the year are wrong. MTV reaches 73 percent of for those now young and for future gen- 2018, more money will be going out of boys, 78 percent of girls ages 12 to 19. erations.’’ President Roosevelt’s vision the trust fund than is going in. We all That is why this study and this report for Social Security was right for the agree in the year 2042, if we do not are so disturbing and so important. 20th century, and his second vision is whack benefits 27 percent, the program f right for the 21st. will be going bankrupt. We all agree that in the 1950s, there were 16 workers IRAQ OIL PROCEEDS f for every one retiree, and today there $750 BILLION ‘‘ROUNDING ERROR’’ (Mr. KUCINICH asked and was given are 3.3 workers for every retiree. And permission to address the House for 1 (Mr. EMANUEL asked and was given we all know this because the Demo- minute and to revise and extend his re- permission to address the House for 1 crats participate in the Federal Em- marks.) minute and to revise and extend his re- ployee Thrift Savings accounts, which Mr. KUCINICH. Madam Speaker, marks.) allow them to choose interest-earning prior to invading Iraq, looking for Mr. EMANUEL. Madam Speaker, we accounts similar to the personal ac- weapons of mass destruction, this ad- have all done it. We all make mistakes. counts the President has proposed. ministration looked the other way at They are unavoidable. Yesterday we Madam Speaker, I again ask the illegal shipments of Iraqi oil to Jordan, learned that the White House budget Democrats, Please put your ideas on Syria and Turkey, which earned at made a tiny little mistake, a $750 bil- the table; we will not boo. least $8.5 billion for Saddam Hussein’s lion ‘‘rounding error.’’ f regime. Now the administration cannot According to the President’s budget, account for an additional $9 billion the new Medicare prescription drug HONORING RALPH LOPEZ from Iraqi oil proceeds which was sup- benefit is now going to cost the tax- (Mr. CUELLAR asked and was given posed to go to help the Iraqi people. payers $1.2 trillion, not the $400 billion permission to address the House for 1 While Congress busies itself about they told us just last year. That is minute and to revise and extend his re- how $2 billion was illegally diverted to quite a difference from last year when marks.) Saddam from the U.N.’s Oil-For-Food the White House budget director, the Mr. CUELLAR. Madam Speaker, I Program, it would also be instructive man responsible for the money, assured rise today to recognize the many ac- to find out why it was apparently ad- everybody, ‘‘The Congressional Budget complishments of Ralph Lopez as the ministration policy to let Saddam Hus- Office estimate for the prescription sheriff of Bexar County. Sheriff Lopez sein earn four times that amount drug bill was and remains $395 billion.’’ was reelected to serve the people of through illegal oil shipments. And lest we forget, last year during Bexar County for a fourth term this Before Congress gives another $80 bil- debate on the Medicare benefit, our past November, 2004. He has dutifully lion for the war in Iraq, the American distinguished colleague, the gentle- served the people as sheriff since 1993, people would find it instructive for woman from Connecticut (Mrs. JOHN- and continues to excel as one of Bexar Congress to ask what happened with SON), chairman of a House sub- County’s most memorable sheriffs. the unaccounted-for $9 billion which committee on Ways and Means, ‘‘I am Before serving as sheriff, he was a also came from Iraq oil proceeds. pleased that the President has pro- decorated member of the San Antonio Madam Speaker, before the war, Iraq posed to strengthen Medicare with a Police Department for 35 years, and was about oil. As the war continues, it $400 billion plan which adds prescrip- was a cofounder of the Crime Stoppers is about billions in unaccounted-for oil tion drug coverage.’’ Program in 1983. revenues which the U.S. had custody Well, the joke is on the taxpayers While a member of the San Antonio of, responsibility for; and now nobody and the senior citizens of America. Police Department, Sheriff Lopez knows nothing. Rather than funding $400 billion, it is a worked towards receiving a bachelor’s f $1.2 trillion ‘‘rounding error.’’ What is degree and a master’s degree from St. worse, this mammoth new program Mary’s University in San Antonio. MODERNIZING SOCIAL SECURITY does nothing to reduce the cost of pre- Since the early 1990s, Sheriff Lopez (Mr. PENCE asked and was given per- scription drugs. We need reimportation has received numerous awards, includ- mission to address the House for 1 legislation to deal with the affording the Outstanding Political Service minute and to revise and extend his re- ability and cost of prescription drugs. Award from the Texas Public Workers marks.) These are the same individuals who Association in 1996 and the Barbara Mr. PENCE. Madam Speaker, 1 week are now trying to sell Americans on Jordan Award for Excellence in Public ago in this Chamber the President of their fix for Social Security. Service in 1995. the United States began a national f Along with his many accomplish- conversation about modernizing Social ments for the people of Bexar County, SOCIAL SECURITY NEEDS Security. I think there are a few things Sheriff Lopez has been married to his BIPARTISAN REFORM every American needs to know about lovely wife, Nancy, for 46 years. I ask Social Security reform. (Mr. KINGSTON asked and was given that we honor Sheriff Lopez, who ex- First and foremost, if you are over permission to address the House for 1 emplifies what is the best of San Anto- the age of 55, Social Security reform minute and to revise and extend his re- nio. will not affect you. marks.) f Secondly, to every working family, Mr. KINGSTON. Madam Speaker, small business and family farm, we will last week the Democrats booed when YUCCA MOUNTAIN PROJECT bring about this reform without raising the President laid out his plan for So- RIDDLED WITH PROBLEMS payroll taxes on working Americans. cial Security. I promise one thing: I (Ms. BERKLEY asked and was given The third thing we need to know is, will not boo when and if they lay out permission to address the House for 1 the current system cannot afford to their plan. minute and to revise and extend her repay promised benefits to younger I welcome the Democrats’ ideas on marks.) workers, so we have to bring the new Social Security. I think it is very im- Ms. BERKLEY. Madam Speaker, I and powerful idea of personal retire- portant to make a bipartisan reform. rise today in strong opposition to the

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H419 $651 million included in the President’s The SPEAKER pro tempore. Without the concurrent resolution (H. Con. Res. budget for the Yucca Mountain project. objection, the resignation is accepted. 6) expressing the sense of the Congress An increase in funds for the Yucca There was no objection. that the Department of Defense should project that is consistently riddled f continue to exercise its statutory au- with problems is ridiculous. thority to support the activities of the Last year the Department of Energy RESIGNATION AS MEMBER OF Boy Scouts of America, in particular faced insurmountable hurdles it was COMMITTEE ON GOVERNMENT the periodic national and world Boy unable to overcome, resulting in its REFORM Scout Jamborees. failure to submit its license applica- The SPEAKER pro tempore laid be- The Clerk read as follows: tion on time. The second highest court fore the House the following resigna- H. CON. RES. 6 in the United States ruled that the tion from the Committee on Govern- Whereas the Boy Scouts of America was in- Yucca Mountain radiation standards ment Reform: corporated on February 8, 1910, and received were inadequate to protect the health HOUSE OF REPRESENTATIVES, a Federal charter on June 15, 1916, which is and safety of the American people and Washington, DC, February 8, 2005. currently codified as chapter 309 of title 36, United States Code; that the EPA knowingly ignored the Hon. J. DENNIS HASTERT, Whereas section 30902 of title 36, United scientists’ recommendations. We are Office of the Speaker, U.S. Capitol, Washington, DC. States Code, states that it is the purpose of talking about the harmful effects of ra- the Boy Scouts of America to promote, DEAR MR. SPEAKER: I respectfully resign diation being underestimated by a through organization, and cooperation with mere 290,000 years. from the Committee on Government Reform, effective immediately. other agencies, the ability of boys to do The Nuclear Regulatory Commission, things for themselves and others, to train Sincerely, them in scoutcraft, and to teach them patri- to its credit, refused to rubber-stamp KATHERINE HARRIS, otism, courage, self-reliance, and kindred an electronic database required for li- Member of Congress. virtues; censing the Yucca repository, and ex- The SPEAKER pro tempore. Without pressed serious concerns about the lack Whereas, since its inception, millions of objection, the resignation is accepted. Americans of every race, creed, and religion of information supplied in the license There was no objection. have participated in the Boy Scouts, and the application. Boy Scouts of America, as of October 1, 2004, f Instead of dumping even more money utilizes more than 1,200,000 adult volunteers into a $9 billion hole in the Nevada ELECTION OF MEMBERS TO COM- to serve 2,863,000 youth members organized desert, we should be investing in clean, MITTEE ON HOMELAND SECU- in 121,051 units; renewable energy sources and moving RITY Whereas the Department of Defense and members of the Armed Forces have a long toward energy independence. Instead, Mr. KINGSTON. Madam Speaker, by the President is slashing critical fund- history of supporting the activities of the direction of the Republican Conference, Boy Scouts of America and individual Boy ing for renewable energy while adding I offer a privileged resolution (H. Res. Scout troops inside the United States, and $651 million to the Yucca Mountain de- 73) and ask for its immediate consider- section 2606 of title 10, United States Code, bacle. ation. enacted in 1988, specifically authorizes the Fraud, waste and abuse in govern- The Clerk read the resolution, as fol- Department of Defense to cooperate with and ment, look at the Yucca Mountain assist the Boy Scouts of America in estab- lows: project. It is the poster child. lishing and providing facilities and services H. RES. 73 for members of the Armed Forces and their f Resolved, That the following named Mem- dependents, and civilian employees of the b 1015 bers be, and are hereby, elected to the fol- Department of Defense and their dependents, at locations outside the United States; RESIGNATION AS MEMBER OF lowing standing committee of the House of Representatives (with previously elected Whereas sections 4682, 7541, and 9682 of title COMMITTEE ON TRANSPOR- members restated for the purpose of rank- 10, United States Code, authorize the Depart- TATION AND INFRASTRUCTURE ing): ment of Defense to sell and, in certain cases, The SPEAKER pro tempore (Mrs. Committee on Homeland Security: Mr. donate obsolete or excess material to the Boy Scouts of America to support its activi- EMERSON) laid before the House the fol- Young of Alaska; Mr. Smith of Texas; Mr. ties; and lowing resignation from the Com- Weldon of Pennsylvania; Mr. Shays; Mr. King of New York; Mr. Linder; Mr. Souder; Whereas since Public Law 92–249, enacted mittee on Transportation and Infra- Mr. Tom Davis of Virginia; Mr. Lungren; Mr. on March 10, 1972, and codified as section 2554 structure: Gibbons; Mr. Simmons; Mr. Rogers of Ala- of title 10, United States Code, the Depart- HOUSE OF REPRESENTATIVES, bama; Mr. Pearce; Ms. Harris; Mr. Jindal; ment of Defense has been specifically au- Washington, DC, February 8, 2005. Mr. Reichert; Mr. McCaul; and Mr. Dent. thorized to make military installations Hon. J. DENNIS HASTERT, The resolution was agreed to. available to, and to provide equipment, Speaker, House of Representatives, transportation, and other services to, the Washington, DC. A motion to reconsider was laid on Boy Scouts of America to support national DEAR SPEAKER HASTERT: Effective imme- the table. and world gatherings of Boy Scouts at events diately I am resigning my position on the f known as Boy Scout Jamborees: Now, there- House Transportation and Infrastructure fore, be it Committee. ANNOUNCEMENT BY THE SPEAKER Resolved by the House of Representatives (the It has been a pleasure to serve on the Com- PRO TEMPORE Senate concurring), That it is the sense of the mittee, and I will continue to support the Congress that the Department of Defense Committee to achieve its legislative goals. The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, the Chair should continue to exercise its long-standing However, because of my recent appointment statutory authority to support the activities to the House Financial Services Committee will postpone further proceedings of the Boy Scouts of America, in particular and the House Homeland Security Com- today on each motion to suspend the the periodic national and world Boy Scout mittee as well as my continued service on rules on which a recorded vote or the Jamborees. the House Resources Committee, it is nec- yeas or nays are ordered, or on which The SPEAKER pro tempore. Pursu- essary for me to resign from the Transpor- the vote is objected to under clause 6 of ant to the rule, the gentleman from tation and Infrastructure Committee. Mr. Speaker, thank you for appointing me rule XX. Colorado (Mr. HEFLEY) and the gen- to the House Financial Services and Home- Any record vote on postponed ques- tleman from North Carolina (Mr. land Security Committees. I look forward to tions will be taken later today. BUTTERFIELD) each will control 20 min- these new Committee assignments and work- f utes. ing to advance the Majority agenda. Your The Chair recognizes the gentleman EXPRESSING SENSE OF CONGRESS help was critical and I greatly appreciate from Colorado (Mr. HEFLEY). THAT DEPARTMENT OF DE- your effort on my behalf. GENERAL LEAVE Thank you for your support and for accept- FENSE CONTINUE TO EXERCISE Mr. HEFLEY. Madam Speaker, I ask ing my resignation from the House Transpor- ITS AUTHORITY SUPPORTING AC- tation and Infrastructure Committee. If you unanimous consent that all Members TIVITIES OF BOY SCOUTS OF may have 5 legislative days within have any questions, please contact me. AMERICA Sincerely, which to revise and extend their re- STEVAN PEARCE, Mr. HEFLEY. Madam Speaker, I marks on the concurrent resolution Member of Congress. move to suspend the rules and agree to under consideration.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H420 CONGRESSIONAL RECORD — HOUSE February 9, 2005 The SPEAKER pro tempore. Is there young men have gone on to become no- $160,000 in court costs, $950,000 from the objection to the request of the gen- table world figures. Let me give some taxpayers. The gentleman from Indiana tleman from Colorado? examples: Neil Armstrong, Hank (Mr. HOSTETTLER) has introduced a bill There was no objection. Aaron, Sam Walton, President Gerald to not make the taxpayers pay those Mr. HEFLEY. Madam Speaker, I Ford. And this is just a few. types of legal fees. We should pass that yield myself such time as I may con- Madam Speaker, the traditions of the type of bill. sume. Boy Scouts have been under attack for But above all, the first good start is Madam Speaker, once again we find years by liberal groups. The DOD has to pass this resolution, and I urge my the Boy Scouts of America under at- been authorized to support the Boy colleagues to support this resolution tack from the American Civil Liberties Scouts for over 30 years, and any move and express our very strong support for Union. This time the ACLU has set its to threaten this relationship is simply one of the most outstanding organiza- sights on the Department of Defense, unconscionable. My resolution encour- tions in this country today, the Boy challenging its longstanding support of ages the DOD to continue to exercise Scouts of America. the Boy Scouts. its statutory authority in its long- Mr. SKELTON. Madam Speaker, I In 1999 the ACLU of Illinois sued the standing and successful relationship ask unanimous consent to control the DOD, the Department of Housing and with the Boy Scouts of America. time of the gentleman from North Urban Development, and the Chicago Madam Speaker, I reserve the bal- Carolina (Mr. BUTTERFIELD) in his ab- Board of Education for sponsoring Boy ance of my time. sence. Scout programs because participation Mr. BUTTERFIELD. Madam Speak- The SPEAKER pro tempore. Is there in Boy Scouts includes an oath to God. er, I reserve the balance of my time. objection to the request of the gen- Ultimately, the Chicago Board of Edu- Mr. HEFLEY. Madam Speaker, I tleman from Missouri? cation suspended its sponsorship of yield such time as he may consume to There was no objection. scouting activities, and on Tuesday, the gentleman from Tennessee (Mr. Mr. SKELTON. Madam Speaker, I yield myself such time as I may con- November 16, 2004, the Department of DUNCAN). Defense agreed to issue a worldwide di- Mr. DUNCAN. Madam Speaker, I rise sume. Today I rise in support of the resolu- rective to all its military facilities in strong support of this resolution, tion introduced by the gentleman from that the Department and its personnel and I want, first of all, to commend the Colorado (Mr. HEFLEY), my good friend. gentleman from Colorado (Mr. HEFLEY) may not sponsor Boy Scout units in an I wholeheartedly endorse this resolu- for introducing this resolution. official manner. tion, which expresses the sense of Con- Madam Speaker, it is already the pol- The Boy Scouts emphasize God and gress that the Department of Defense icy of the Department of Defense not family and country, and I will tell the should continue to provide assistance to sponsor any private non-Federal or- Members this: there are many fine and support to one of America’s most charitable religious and civic organiza- ganization including the Boy Scouts of treasured institutions, the Boy Scouts tions in this country, but I do not see America. The Department does, how- of America. ever, provide support to the Boy Scouts how there could be any that are finer The Boy Scouts of America is one of with use of bases and facilities and do- than the Boy Scouts of America. the finest organizations in our country. 1 nations and the use of surplus equip- I spent 7 ⁄2 years as a criminal court Countless young men have learned the ment. judge before I came to Congress, trying values of God, home, and country as Currently, the DOD spends $2 million felony criminal cases. I was told on the young scouts, and the Boy Scout every 4 years to prepare Fort A.P. Hill, first day that I was judge that 98 per- motto, ‘‘Be Prepared,’’ has inspired a Virginia military base, for the Boy cent of the defendants in felony cases generations of youths to prepare for Scouts’ national jamboree. The Depart- came from broken homes. I went and lead full and productive lives. ment also makes an annual allocation through 10,000 cases in that time, and I One of the most significant lessons of $100,000 to support Boy Scout units read thousands of times reports saying taught by the Boy Scouts is the impor- on military bases overseas and another defendant’s father left home when the tance of being a patriotic American. To $100,000 to improve Boy Scout prop- defendant was 2 and never returned, de- call into question the status of the Boy erties such as summer camps. This sup- fendant’s father left home to get a Scout organization and potentially deport, and not the Department’s spon- pack of cigarettes and never came prive young men who are military de- sorship, asserts the ACLU, is in viola- back. And I know that many out- pendents of the opportunity to partici- tion of the establishment clause of the standing people come from broken pate in Boy Scout troops on their mili- first amendment to the Constitution, homes, but I also know that there are tary bases, is an absolute shame. and is the basis for the lawsuit. many young boys growing up in this I was fortunate as a boy, as a lad, to However, since March 10, 1972, the country today without a good male join the Boy Scouts when I was grow- Department of Defense has been spe- role model in their lives. ing. I still remember how proud my cifically authorized to make military In fact, I remember one Friday after- mother and my father were when I at- installations available to, and to pro- noon going to National Airport after tained the rank of Eagle Scout. I re- vide equipment, transportation, and one of the horrible school shootings member it as if it were yesterday. The other services to the Boy Scouts of that we had in another part of the sponsor of my Eagle Scout class was America in support of national and country where a junior high school boy Dr. Milton Eisenhower, and as I mount- world gathering, including events like had shot up a school, and the national ed the podium with the other branded their jamborees. The Department has head of the YMCA was on the CBS na- Eagle Scouts and a rose was handed to also been given authority under title 10 tional news saying that children were me, which I was to hand to my mother, of the U.S. Code to sell and in certain being neglected in this country today which I did, and Dr. Eisenhower, after cases donate obsolete or excess mate- like never before. I do not know if that hearing my name called off, my first rial to the Boy Scouts. is true and I hope it is not, but cer- name being Ike, he leaned over to me, While the Pentagon’s directive will tainly it is an epidemic-type problem shook hands with me, and said, ‘‘That not impair their continued support for that the Boy Scouts are in the fore- is what they used to call me, Ike.’’ So the Boy Scouts, the ACLU lawsuit front of working against, of fighting, of evidently all the Eisenhower boys were quite frankly threatens it. Since its in- trying to make sure that boys are called by that name. ception, millions of Americans of every growing up with good male role models Madam Speaker, later I was an as- race, creed, and religion have partici- and are growing up with good guidance sistant scout master. I later was the pated in the Boy Scouts of America. As in their lives and are not being ne- cub master of a cub troop in my home- of October 1, 2004, the Boy Scouts uti- glected as never before like the na- town. I am enormously proud of our lize more than 1.2 million adult volun- tional head of the YMCA said. family who also participated in the teers to serve 2.863 million youth mem- Also, the gentleman from Colorado scouting program, one of our sons of bers organized in 121,051 units. With mentioned the ACLU. I know in the course being an Eagle Scout. I am hon- the help of agencies like the Depart- lead case brought by the ACLU, they ored to have continued the association ment of Defense, many of these fine received $690,000 in legal fees and with Boy Scouts of America to today.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H421 So I call on my colleagues to join us that teach the kids so many good in- the tools to become moral, responsible, and in voting for this concurrent resolu- structional values as they grow up, and ethical adults. By its actions, the Department tion, for standing up for the young have these things hosted on military of Defense is not only defying the law, but men, Boy Scouts of America, who are bases when practical and necessary. also turning its back on these outstanding really the future leaders of our coun- The SPEAKER pro tempore (Mrs. young men. try. EMERSON). Without objection, the Let me be very clear, the Boy Scouts of Madam Speaker, I reserve the bal- Chair recognizes the gentleman from America is the Nation’s foremost youth pro- ance of my time. North Carolina (Mr. BUTTERFIELD) for gram of character development and values- Mr. HEFLEY. Madam Speaker, I the balance of his time. based leadership training. yield myself such time as I may con- There was no objection. In addition, the Boy Scouts of America of- sume. Mr. BUTTERFIELD. Madam Speak- fers young people responsible fun an adven- The gentleman from Missouri (Mr. er, I yield back the balance of my time. ture, and in the process, it instills lifetime val- Mr. HEFLEY. Madam Speaker, I SKELTON) knows firsthand the impact ues and helps to develop ethical character. It of the Boy Scouts in the lives of a yield 2 minutes to the gentleman from is also an organization that promotes family young boy, and I appreciate very much Indiana (Mr. HOSTETTLER). values and service to country. (Mr. HOSTETTLER asked and was his statement. I urge my colleagues to pass this resolution. given permission to revise and extend Madam Speaker, I yield 2 minutes to Mr. KLINE. Madam Speaker, I rise today to his remarks.) the gentleman from Georgia (Mr. KING- express my strong support for the Boy Scouts Mr. HOSTETTLER. Madam Speaker, of America and the right of the Department of STON). I thank the gentleman for yielding me Defense to continue their support of this proud Mr. KINGSTON. Madam Speaker, I time. thank the gentleman for yielding me organization. Madam Speaker, I rise in strong sup- The Boy Scouts of America enjoys a long this time. port of H. Con. Res. 6 and America’s tradition of excellence. For nearly a century I stand in enthusiastic support of H. Boy Scouts. Unfortunately, the assault young men have joined the scouts, and have Con. Res. 6, which urges the Depart- on the Boy Scouts of America con- come away with essential life skills and char- ment of Defense to continue to exercise tinues. In the name of tolerance and acter building experiences. Many of my col- its statutory authority to support the acceptance, some would force the De- leagues here today claim alumni status in the activities of Boy Scouts of America, partment of Defense to abandon Amer- Boy Scouts and credit their scouting experi- and particularly letting them have ica’s Boy Scouts. Rather than allow ence in the development of a commitment to jamborees on military posts and bases. this private organization to continue civic responsibility. I am proud to include my- When we look at the name Boy receiving support from the Department self in this group. And, I am especially proud Scout, to call somebody a Boy Scout in of Defense, they would rather compel that my son, now a major in the U.S. Army is society today, it is a term that one the Department of Defense to termi- an Eagle Scout. would say this guy is squeaky clean. nate the relationship between military The Department of Defense has long This is a good kid. This is a hard work- families and this important quality-of- shared in the support of the Boy Scouts and er. This is somebody who likes his fam- life program. their mission of preparing young people to ily. Indeed, if we step back and see It is a shame that the U.S. Congress make ethical and moral choices over their life- what the Boy Scout organization is even has to consider this bill, yet here times. Unfortunately, a small group threatens about, there are strong things of God, we are actually debating whether such to put in jeopardy the well-being of this out- family, and country, which of course an organization that instills service standing organization for the purposes of polit- the ACLU cannot stand. The ACLU and integrity in our Nation’s boys is ical grandstanding. seems to wake up in the morning and worthy of support from the Depart- I stand today with my colleagues to encour- look for ways to tear down great insti- ment of Defense. age the Department of Defense to continue tutions in our society; so it is no won- The Scout’s Law says that Scouts their critical support of the Boy Scouts of der they would again attack another must be trustworthy, loyal, helpful, America, and protect their constitutional right one, with the Boy Scouts being their friendly, courteous, kind, obedient, to free speech. goal. cheerful, thrifty, brave, clean and rev- Mr. DINGELL. Madam Speaker, I rise in What do kids learn in Boy Scouts? erent. We can only hope that all Amer- strong Support of H. Con. Res. 6 and the Boy The gentleman from Tennessee (Mr. icans would ascribe to such a code of Scouts of America. I would like to thank my DUNCAN) just talked about how it can morality. Imagine the effect on our colleague, Representative JOEL HEFLEY, for in- help kids who do not have fathers, who culture if all of us resolved to commit troducing this important resolution to support may have had a broken home and a to the Boy Scouts Oath. Rather than the Boy Scouts of America and their Jam- hard life. What does it teach them? It condemn the Boy Scouts for such a borees. teaches them the value of hard work. It code, this organization deserves our To all Scouts everywhere, I say continue to teaches them goal-setting. It teaches whole-hearted support. live your life according to the Scout law, and them team effort, community service. In closing, Madam Speaker, I urge you will find that you will go far in life. It is open to all. It teaches them re- the Boy Scouts to remain unwavering To those adults involved in the Scouts, I spect for one another. in their principles as expressed in the say, thank you. Thank you for your work to Boy Scouts is a good organization, Scout Law and Oath. Likewise, I urge mold young people into fine citizens that will and in our society in order for a rep- my colleagues to continue to support do great things for our country. resentative democracy to thrive as it this fine organization by voting in The Scout leaders who teach Scouts about has, we need good civic clubs like Ro- favor of H. Con. Res. 6. self respect, self reliance, and the wonders of tary and Kiwanis. Mr. BUYER. Madam Speaker, I rise in our natural world do our nation a great serv- strong support of H. Con. Res. 6, a concurrent ice. Without the Boy Scouts and others who b 1030 resolution expressing the sense of Congress have worked to instill these values in our soci- We need good nonprofit institutions that the Department of Defense should con- ety, many in this institution would not be able like the Cancer Society and the Heart tinue to exercise its statutory authority to sup- to carry on the hard work to protect our nat- Fund and the United Way. We need port the activities of the Boy Scouts of Amer- ural resources and wild lands. good churches and good synagogues. ica, in particular the periodic national and Last Congress, I introduced H.R. 5428 But for children, young people growing world Boy Scout Jamborees. which, if passed, would restore the ability of up, these things start out with youth Title 10 of the United States Code, specifi- our armed forces to directly support Scout groups at church, 4–H Clubs, Girl cally authorizes the DOD to make military in- troops and ensure that the Scouts will con- Scouts, Camp Fire Girls, Young Life, stallations available to, and to provide equip- tinue to have the use of Fort A.P. Hill and the YMCA and, of course, the Boy Scouts. ment, transportation, and other services to, the assistance of our armed forces for its jam- This is about the United States of Boy Scouts of America to support national and boree. I intend to work with my colleagues to America and developing good citizens. world gatherings of Boy Scouts at events introduce similar legislation again in this Con- So I urge the passage of H. Con. Res. known as the Boy Scout Jamboree. gress. 6, so that the Boy Scouts can continue For almost 100 years, the Boy Scouts of Madam Speaker, I grew up a Boy Scout, to have these important jamborees America has given generations of young men became a Scoutmaster, and watched proudly

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H422 CONGRESSIONAL RECORD — HOUSE February 9, 2005 as both my sons became Scouts. I will con- principles today that they did at the time of A motion to reconsider was laid on tinue to protect the Scouts from those that their founding or incorporation. The Boy the table. wish to harm this fine organization. Scouts of America are not an organization that f I urge all of my colleagues to vote for H. has changed its core values in order to main- HONORING THE TUSKEGEE Con. Res. 6. tain a sense of political correctness in an age AIRMEN Mr. STARK. Madam Speaker, I rise to op- of vanishing values. pose H. Con. Res. 6, a resolution expressing, There are not many organizations that exist Mr. ROGERS of Alabama. Madam the sense of Congress that the Department of today, like the Boy Scouts of America that are Speaker, I move to suspend the rules Defense should continue to exercise its statu- willing to stand up and tell young men that and agree to the concurrent resolution tory authority to support the activities of the they should strive to be: (H. Con. Res. 26) honoring the Tuskegee Boy Scouts of America. Courteous, Kind, Obedient, Cheerful, Airmen for their bravery in fighting for I do not oppose the Boy Scouts. However, Thrifty, Brave, Clean and Reverent. our freedom in World War II, and for I do oppose the Federal Government using its Those are the principles of the Boy Scout their contribution in creating an inte- resources to support an organization that bla- Law. And it is my sense, and I believe the grated United States Air Force. tantly discriminates against various groups. sense of my constituents and those of the rest The Clerk read as follows: As a private organization, the Boy Scouts of America, that Congress continue to support H. CON. RES. 26 may exclude individuals from membership the Boy Scouts of America. Whereas the United States is currently based on their sexual orientation, religion, or The Boy Scouts will be gathering this sum- combating terrorism around the world and is gender. I disagree with that decision, but it is mer at Fort A.P. Hill in Virginia, and Congress highly dependent on the global reach and their right. should resolve to encourage in strong terms presence provided by the Air Force; But I oppose a resolution commending any that the Department of Defense continue its Whereas these operations require the high- part of our government—even the Department support of the Scouts today, for the coming est skill and devotion to duty from all Air Force personnel involved; of Defense—for supporting the Boy Scouts or national jamboree, and in the future. any other organization that promotes active Whereas the Tuskegee Airmen proved that Mr. HEFLEY. Madam Speaker, I such skill and devotion, and not skin color, discrimination. yield back the balance of my time, and The author of this resolution may be con- are the determining factors in aviation; encourage everyone to support this res- Whereas the Tuskegee Airmen served hon- cerned that courts are calling into question the olution. orably in the Second World War struggle appropriateness of the support the Department The SPEAKER pro tempore. The against global fascism; and of Defense provides to the Boy Scouts. I hope question is on the motion offered by Whereas the example of the Tuskegee Air- the courts do move forward to end this explicit the gentleman from Colorado (Mr. men has encouraged millions of Americans of every race to pursue careers in air and government support of discrimination. We HEFLEY) that the House suspend the should do that here in Congress, but instead rules and agree to the concurrent reso- space technology: Now, therefore, be it my Republican colleagues are trying to hinder Resolved by the House of Representatives (the lution, H. Con. Res. 6. Senate concurring), That it is the sense of the courts from enforcing civil rights. The question was taken. Ms. WOOLSEY. Madam Speaker, today I Congress that the United States Air Force The SPEAKER pro tempore. In the should continue to honor and learn from the voted against H. Con. Res. 6, because I am opinion of the Chair, two-thirds of example provided by the Tuskegee Airmen as disappointed with the Boy Scouts of America’s those present have voted in the affirm- it faces the challenges of the 21st century exclusionary policies that prevent gay boys ative. and the war on terror. and teens from participating in scouting. While Mr. HEFLEY. Madam Speaker, on The SPEAKER pro tempore. Pursu- the Boy Scouts’ positive work within our Na- that I demand the yeas and nays. ant to the rule, the gentleman from tion’s communities is notable, the message The yeas and nays were ordered. Alabama (Mr. ROGERS) and the gen- that the organization sends to gay youth by The SPEAKER pro tempore. Pursu- tleman from North Carolina (Mr. shutting them out diminishes its greater goals ant to clause 8 of rule XX and the BUTTERFIELD) each will control 20 min- of teaching respect, personal honor, and serv- Chair’s prior announcement, further utes. ice. proceedings on this motion will be The Chair recognizes the gentleman It is important to encourage and support all postponed. from Alabama (Mr. ROGERS). of our children and by excluding gay youth the f GENERAL LEAVE Boy Scouts of America is preventing some Mr. ROGERS of Alabama. Madam young men from experiencing the positive ELECTION OF MEMBERS TO CER- Speaker, I ask unanimous consent that benefits Scouting can offer. TAIN STANDING COMMITTEES OF Mr. BLUMENAUER. Madam Speaker, I THE HOUSE all Members may have 5 legislative days within which to revise and extend have long admired the services of the many Mr. MENENDEZ. Madam Speaker, by Boy Scout volunteers and have benefited from their remarks on H. Con. Res. 26. direction of the Democratic Caucus, I The SPEAKER pro tempore. Is there the organization myself. It is sad that their offer a privileged resolution (H. Res. 74) objection to the request of the gen- good works have been clouded by a policy and ask for its immediate consider- tleman from Alabama? that governs who can participate in the organi- ation. There was no objection. zation. Until the organization changes that pol- The Clerk read the resolution, as fol- Mr. ROGERS of Alabama. Madam icy, I do not feel comfortable voting for resolu- lows: Speaker, I yield myself such time as I tions such as this. H. RES. 74 I look forward to the day the Boy Scouts of may consume. Resolved, That the following named Mem- Madam Speaker, in March of 1942, America can better represent their commu- bers and Delegates be and are hereby elected five young men at a rural Army airbase nities by extending membership to all persons to the following standing committees of the in Tuskegee, Alabama, graduated from who abide by the Boy Scout creed. House of Representatives: aviation cadet class in the Army Air Mr. FITZPATRICK of Pennsylvania. Madam (1) COMMITTEE ON THE BUDGET.—Ms. Speaker, I rise in support of H. Con. Res. 6— Schwartz of Pennsylvania (to rank imme- Corps. These men, like other World Sense of Congress that the Department of De- diately after Mr. Cuellar). War II fighter pilots, accepted extraor- fense should continue its support of the Boy (2) COMMITTEE ON THE JUDICIARY.—Mr. dinary risks to carry out their mis- Scouts of America. Smith of Washington, Mr. Van Hollen. sions. They were brave and patriotic. I rise as a life-long member of the Scouts, (3) COMMITTEE ON HOMELAND SECURITY.— Hailing from towns and cities across Ms. Loretta Sanchez of California, Mr. Mar- America, these young soldiers came to and a proud Eagle Scout. key, Mr. Dicks, Ms. Harman, Mr. DeFazio, This week marks the 95th anniversary of the Tuskegee, Alabama, with the dream of Mrs. Lowey, Ms. Norton, Ms. Zoe Lofgren of serving our Nation in the air. They incorporation of the Boy Scouts of America. California, Ms. Jackson-Lee of Texas, Mr. Madam Speaker, the Boy Scouts stand for Pascrell, Mrs. Christensen, Mr. Etheridge, would graduate with honors as cap- something—they stand for what we want all Mr. Langevin, Mr. Meek of Florida. tains and lieutenants. young Americans to be. (4) COMMITTEE ON STANDARDS OF OFFICIAL From 1942 to 1946, 992 fighter pilots To be Trustworthy, Loyal, Helpful and CONDUCT.—Mrs. Jones of Ohio, Mr. Gene would graduate from this rural Army Friendly. Green of Texas, Ms. Roybal-Allard, Mr. airbase in central Alabama. Their mis- There are not many organizations, Madam Doyle. sions would be over enemy territory in Speaker, that stand for the same values and The resolution was agreed to. Italy and North Africa, some of the

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H423 most challenging assignments of the the Tuskegee Airmen as shining exam- devotion to duty. The men who partici- war, and some of them would not re- ples of the perseverance and strength pated in this great experiment were turn. Yet many did. Those who did sur- of the U.S. Air Corps as they faced the dedicated young men, possessing the vive those battles lived to claim un- challenges of 21st century. It is fitting strong personal desire to serve the precedented records of success and high that we recognize such an outstanding United States of America at their best. honors for their bravery. group of individuals who were pioneers They enlisted at a time when this But we all know World War II was in integrating the Army Air Corps and, country was engaged in enormous con- not their only battle. These proud sol- eventually, the Air Force as we cele- flict, but they took on the challenge diers, the Tuskegee Airmen, were the brate Black History Month. and they took on the responsibility and first African Americans ever to serve The Tuskegee Airmen overcame prej- served with distinction. our Nation as Army fighter pilots. udice and discrimination to become Today we honor their achievements They were true leaders, men who bat- some of the most highly respected air- and all of those who have taken the tled our enemies oversees while fight- men of World War II. Until 1941, Afri- oath to defend this great country. ing bigotry and racism at home. can Americans were denied the oppor- Madam Speaker, I urge my col- Madam Speaker, as we debate today’s tunity to become leaders in the mili- leagues to support this resolution. resolution honoring the Tuskegee Air- tary and they were prohibited from fly- Madam Speaker, I reserve the bal- men, we will hear of their struggles. ing because it was believed that Afri- ance of my time. We will hear their stories of being can Americans lacked the qualifica- Mr. ROGERS of Alabama. Madam turned away at the officers’ clubs be- tions for such noble combat duty. Speaker, I yield 5 minutes to the my cause of their race, and we will hear of African Americans have played a sig- friend, the distinguished gentleman the prejudices they faced overseas. nificant role in the history of our mili- from the First District of Alabama Yet they did not give up. They per- tary over the past 300 years, and it was (Mr. BONNER). severed, and along with others from absurd to suggest that the ability was Mr. BONNER. Madam Speaker, I our greatest generation, joined with lacking. African Americans soldiers thank my friend from Alabama, and I our allies across the globe and helped have fought in every war and have con- want to give my sincerest congratula- defeat the forces of tyranny. tributed so much of themselves to en- tions to him for providing this leader- The Tuskegee Airmen are symbols of sure this country’s reputation as a su- ship in bringing this issue, this discus- America, Madam Speaker, strong perpower. The refusal to allow for sion, to the American people today. through difficult times and courageous black pilots was simply rank racism. Madam Speaker, as we celebrate our in the face of adversity. In the month when our Nation cele- It was the unshakeable belief by so Nation’s 79th annual Black History brates the contributions of African many that this obvious bigotry was Month, it is only appropriate to reflect Americans to our Nation’s history, it is wrong that finally gave way to the his- on the accomplishments of Alabama’s important we take this time to honor torical beginning of the integrated Tuskegee Airmen. These brave soldiers their bravery. Their courage and per- United States Air Force. Distinguished came from every corner of the United sistence are examples for all of us to men such as Booker T. Washington and States with the ambition of serving follow. We have much to learn from General Benjamin O. Davis, Jr., came their country to the best of their abil- their service and much to honor for to Macon County, Alabama, and reality ity. their contributions to our civil rights created the legend that we know today. The Tuskegee Airmen were com- Booker T. Washington founded the legacy. mitted and capable. Their success dem- As our military continues to fight Tuskegee Institute, which established onstrated that a soldier’s ability is de- the war on terror overseas, we should a well-respected aeronautical engineer- termined by his skill and persistence, pause to remember the battles fought ing program; and thousands of stu- not by creed or color. long ago by these proud Americans. dents, including student officer Cap- Tuskegee’s established airfield and Not only is our world freer because of tain Benjamin Davis, who was in the proven civilian pilot training program their courage, but our Nation is strong- first pilot class, went through the in- made it an obvious choice for the loca- er because of their sacrifices. stitute’s flight program and became tion of a center to instruct America’s I want to thank my colleagues for known as the Tuskegee Airmen. first African American military avi- being here today to honor the The Tuskegee Airmen included not ators. Upon receipt of the contract Tuskegee Airmen, and I look forward only over 1,000 fighter pilots, but they granted by the U.S. Army Air Corps, to doing what I can to keep their leg- also included navigators, bombardiers Tuskegee Institute began the training acy strong so future generations may and maintenance and support per- of America’s original black aviators in also share in their accomplishments. sonnel that ultimately comprised the 1941. famed 99th Fighter Squadron and the I would also like to add, Madam b 1045 Speaker, that as part of my efforts to 332nd Fighter Group. honor the Tuskegee Airmen, I have During World War II, the 99th Fight- The first cadets accepted their silver been leading an initiative to help build er Squadron, led by the late General wings in March of 1942. a National Park Service museum in Benjamin Davis, was originally sent to In recalling the 15,000 missions com- Tuskegee, Alabama, to memorialize North Africa, but moved to the Euro- pleted by the Tuskegee Airmen, we these brave Americans. pean continent and flew over Italy in note a distinguished record of service. Obviously, on this important occa- 1944. The 99th held the record of 200 The airmen destroyed over 1,000 Ger- sion I would welcome any and all sup- combat missions without losing a sin- man aircraft, one enemy destroyer, and port from Members that would join me gle bomber to enemy fire, a record for many enemy installations. They also in this initiative, and would answer a squadron. boast the extraordinary record of fly- any questions later. It is therefore only fitting, Madam ing over 200 bomber escort missions Madam Speaker, I reserve the bal- Speaker, that the Congress takes the over Europe without the loss of a sin- ance of my time. time today to appropriately recognize gle bomber to enemy fire. Mr. BUTTERFIELD. Madam Speak- the men who participated in the The accomplishments of the er, I yield myself such time as I may Tuskegee Experiment. No standards Tuskegee Airmen did not go unnoticed consume. were lowered for the pilots or any of by their peers and associates. They re- Madam Speaker, I rise today in sup- the others who trained in operations, turned home bearing the honor they port of House Concurrent Resolution in meteorology, in intelligence, in en- deserved, including 150 Distinguished 26, introduced by the gentleman from gineering, medicine or any of the other Flying Crosses, 744 Air Medals, 8 Pur- Alabama (Mr. ROGERS). This resolution officer fields. ple Hearts, and 14 Bronze Stars. recognizes the Tuskegee Airmen for The Tuskegee Airmen proved without Their triumphs in the air exhibited their brave and honorable service dur- a doubt that loyalty, bravery and sac- undaunted courage and capacity that ing World War II. rifice were not based on the ethnicity were certainly to equal that of any The story of the Tuskegee Airmen is of an individual, but on their indi- pilot prior to or certainly thereafter. a phenomenal story, and it highlights vidual motivation, determination and With the assistance of the men and

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H424 CONGRESSIONAL RECORD — HOUSE February 9, 2005 women of the Army Air Corps, the chief historian. Others have taught fly- Under the command of Colonel Ben- Tuskegee Airmen made integration ing skills to underprivileged youth, and jamin Davis, Jr., these warriors fought into our military possible. still others have worked as mentors. over North Africa, Sicily and Europe. In 1948, President Harry Truman en- We have a great active group of By the way, Colonel Davis would go on acted Executive Order Number 9981, Tuskegee Airmen in the City of Chi- to be the Air Force’s first African which directed equality of treatment cago, the DODO Chapter, and they are American general. and opportunity in all of the United still teaching young people how to fly. How good were these Tuskegee Air- States Armed Forces. In time, order They have a Young Eagles program. men? In a book entitled ‘‘Mustang Aces 9981 led to the end of racial segregation One of my proudest possessions is a of the 9th and 15th Air Forces,’’ one in our military. jacket that I have that the Tuskegee pilot bomber recalled that the Madam Speaker, on behalf of my con- Airmen’s DODO Club has given to me. Tuskegee pilots had earned great re- stituents in Alabama, I ask my col- So I join with all of us as we extol spect from the bomber pilots they pro- leagues to join me in celebrating the the virtues of those brave men and now tected. Here is a direct quote: ‘‘The achievements and the legacy of the women who are members of the Red Tails were always out there when Tuskegee Airmen. Their successful en- Tuskegee Airmen who continue the we wanted them to be,’’ he said. ‘‘We deavor into military flight provided in- great tradition of providing the great- had no idea they were black; it was the spiration to a new generation of avi- est of service and tremendous aviation. Army’s best kept secret.’’ ators. Mr. ROGERS of Alabama. Madam Today, the Tuskegee Airmen and On March 24, 1945, the 332nd Fighter Speaker, I yield 4 minutes to the gen- their record of success is no secret. Group received the Presidential Unit tleman from Nebraska (Mr. TERRY), my Throughout the war, not a single Citation for its longest bomber escort friend and colleague. bomber protected by the Red Tails was mission to Berlin, Germany. On the (Mr. TERRY asked and was given ever shot down by enemy aircraft. By permission to revise and extend his re- 50th anniversary of such an accom- the war’s end, the Tuskegee Airmen marks.) plishment, I rise to honor these men had flown over 15,000 sorties, completed Mr. TERRY. Madam Speaker, I rise who succeeded not only in great mili- today as a cosponsor of this resolution, over 1,500 missions, destroyed more tary feats, but also in breaking down and I thank the gentleman from Ala- than 260 enemy aircraft, and more than the barriers and boundaries of racial bama for offering it. 1,000 enemy vehicles on the ground; and segregation. It is an honor for me to be part of been awarded 744 Air Medals, 150 Dis- As Tuskegee University’s President this recognition of the Tuskegee Air- tinguished Flying Crosses, 14 Bronze Dr. Benjamin Payton said, ‘‘The men, members of the Greatest Genera- Stars, and 8 Purple Hearts. Tuskegee Airmen story is about much tion who fought fascism abroad and Of the estimated 450 who saw combat, more than flying airplanes, it is about overcame discrimination at home to 150 lost their lives while on combat teaching people to soar.’’ become one of our Nation’s most suc- flights or in training, including Colonel Madam Speaker, I thank the gen- cessful military units. Their story de- Lane’s childhood friend, John Squires. tleman who is proud to represent serves to be told often, not just in Feb- I join my House colleagues in salut- Tuskegee University in his congres- ruary, to remind all Americans how far ing the Tuskegee Airmen 60 years after sional district, the third district of we have come to honor the many sac- they first donned the Nation’s uniform. Alabama. rifices made along the way. They have secured their place in his- Mr. BUTTERFIELD. Madam Speak- I have the privilege of representing tory as American heroes. We are proud er, I yield 2 minutes to the gentleman four Tuskegee Airmen who reside in of them all. We thank them for their from Illinois (Mr. DAVIS). Nebraska’s Second Congressional Dis- service to this great country. I thank (Mr. DAVIS of Illinois asked and was trict: Robert Holts, Ralph Orduna, and the gentleman from Alabama for his given permission to revise and extend Charles Lane, all of Omaha and just work and for this worthy tribute. his remarks.) south of Omaha in Bellevue, Harry Mr. BUTTERFIELD. Madam Speak- Mr. DAVIS of Illinois. Madam Speak- Tull. Another Airman, Paul Adams, er, I yield 2 minutes to the gentleman er, I rise today in support of H. Con. lives in nearby Lincoln. from New York (Mr. TOWNS). Res. 26 honoring the heroic accomplish- I am especially proud to note that (Mr. TOWNS asked and was given ments of the Tuskegee Airmen. At a Colonel Lane of Omaha was the young- permission to revise and extend his re- time when race narrowed the horizons est black fighter in World War II. His marks.) and limited the opportunities of many daughter, Karen Davis, is a longtime Mr. TOWNS. Madam Speaker, many Americans, the Tuskegee Airmen member of my congressional staff and people indicated earlier on that the soared high above the low expectations she does a wonderful job; and Colonel blacks did not have the intelligence to of the day. Lane can be as proud of her, as we are be able to be involved in aviation; and, The Tuskegee Airmen served their of him. of course, after a short period of time, country with great valor and distinc- I also want to mention Omaha native they were proven wrong. I think about tion and set in motion the movement Alphonza Davis, a graduate of Omaha some of our great leaders who actually to desegregate the Armed Forces, a Tech High School and Omaha Univer- were a part of the Tuskegee Airmen. I crucial moment in the civil rights sity, who finished first in his class at think about Percy Sutton who was a struggle. Black History Month is a Tuskegee and was chosen squadron great leader in the New York area and, good time to remember the American leader. He was killed in combat in 1944 of course, has done so many things for heroes that were not given the full rec- while over Germany. Today, the local people. I think it came from his in- ognition that they were due. The Tuskegee Airmen chapter is named in volvement with the Tuskegee Airmen Tuskegee Airmen are deserving of all his honor. and his being involved in Tuskegee of the praise that they will surely re- The story of the Tuskegee Airmen is University. Then Rosco Brown, who ceive today. All took great risks for unfortunately rooted in the racial seg- was known as one of the world’s great- their country and some made the ulti- regation that still existed in our coun- est educators, a person who headed one mate sacrifice. Americans remember try during World War II. As a result, of our universities for a period of time; our heroes and hold a special place in African Americans who wanted to fly and I think about how all of them were their hearts for the Tuskegee Airmen. in the military were trained at a sepa- involved with the Tuskegee Airmen. Those that are still with us have con- rate location near Tuskegee, Alabama. So there was no question about it. tinued to serve their country on the The Tuskegee Airmen, or Red Tails as There were many that were qualified to home front in various ways and have they were called because of the crim- do it, and they did a magnificent job. received not all of the attention. How- son tails on their aircraft, were the Their performance was unmatched, and ever, a friend of mine from Chicago, first squadron of African American I am so proud that this House today is Rufus Hunt, who served with the combat pilots in the U.S. military. By recognizing them. Tuskegee Airmen, has helped to keep the end of the war, nearly 1,000 men I just want to say to the people who the memory and spirit of these brave had graduated from pilot training at actually brought forth this resolution, Americans alive by serving as their Tuskegee. I want to commend them on H. Con.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H425 Res. 26, because I think the time has At this moment I would like to rec- and women serving bravely to bring come when we recognize the out- ognize my uncle, John Mosely, who was liberty to the oppressed, I think it is standing work of the Tuskegee Airmen. a Tuskegee Airman and who was re- only fitting that we remember these We should not just do it during the cently honored by his community of members of the greatest generation, month of February because, first of all, Aurora, Colorado. He is one of the lead- the Tuskegee Airmen. when we think about their accomplishing citizens of that community, having Madam Speaker, today I rise in support of ments, February is the shortest month worked for the Urban League and many H. Con. Res. 417 honoring the Tuskegee Air- of all. That within itself is sort of self- other programs. I dedicate this resolu- men and their amazing contributions during ish. But the point is I think we need to tion to him and his wife, Edna Mosely. World War II and their impact creating an inte- do it 365 days a year, and if there is a Fifty years later, however, at the Tuskegee grated United States Air Force. I am honored leap year, we need to do it 366 days, be- Airmen National Convention in Atlanta, Geor- for this opportunity to speak during Black His- cause the job that they did and the gia, 15 of the original 103 officers that were tory Month on this important resolution. things that they did on behalf of this arrested received official notification that their As the first African-American combat unit in country is something that we should military records had been purged of any ref- the Army Air Corps, the Tuskegee Airmen continue to talk about daily. erence to the Freeman Field incident. Also, helped shatter stereotypes by fighting for free- Mr. ROGERS of Alabama. Madam Mr. Terry’s court martial conviction had been dom both abroad and here at home. Through Speaker, I reserve the balance of my reversed and his military record cleared. The their heroism in the skies above North Africa time. remaining officers received instruction for and Europe, the Airmen demonstrated that Af- Mr. BUTTERFIELD. Madam Speak- clearing their records. rican-Americans could be effective members er, I yield 2 minutes to the gentle- Madam Speaker, the legacy of the of the military. Completing over 500 missions woman from California (Ms. WATERS). Tuskegee Airmen is not the Freeman Field in- during the war, the Tuskegee Airmen de- Ms. WATERS. Madam Speaker, I cident; instead their legacy is that of serving stroyed over 250 enemy aircraft without losing thank the gentleman for yielding me their country with distinction which helped the a single American bomber. Their individual this time, and I thank the gentleman U.S. Armed Forces and the United States inte- and collective acts of courage helped pave the from Alabama (Mr. ROGERS) for intro- grate in the years following World War II. way for the desegregation of the Army in ducing this important legislation. Madam Speaker, I am pleased to support 1948. Madam Speaker, as the country cele- this legislation and urge all of my colleagues I would also like to take this opportunity to brates Black History Month, it is im- to support it as well. recognize four members of the Tuskegee Air- portant to take time to honor the Mr. ROGERS of Alabama. Madam men with ties to my hometown of Baltimore, Tuskegee Airmen who, despite signifi- Speaker, I continue to reserve the bal- Maryland. Alfred L. Woolridge, Gordon T. cant racism targeted at African Ameri- ance of my time. Boyd, Leroy A. Battle, and Alfred McKenzie cans, strove to serve their country and Mr. BUTTERFIELD. Madam Speak- were four individuals with separate lives and defend its freedoms during World War er, I yield 2 minutes to the gentleman histories. Each brought unique skills to their II. from Maryland (Mr. RUPPERSBERGER). service and each helped to form this historic The story of the Tuskegee Airmen is (Mr. RUPPERSBERGER asked and group of Tuskegee Airmen. I would like to take familiar to many of us. On July 19, was given permission to revise and ex- this opportunity to speak briefly about each of 1941, the U.S. Air Force began a pro- tend his remarks.) these incredible men and share a bit about gram at the Tuskegee Army Airfield them with you. 1100 located in Alabama to train black b Mr. Alfred L. Woolridge, a Baltimore resi- Americans as military pilots. The pro- Mr. RUPPERSBERGER. Madam dent, joined the Tuskegee Airmen after enlist- gram started with only 13 men; but by Speaker, today I rise in support of H. ing in the Army in 1942 and being assigned to its conclusion, it graduated nearly 1,000 Con. Res. 26, honoring the Tuskegee the Tuskegee Army Air Field in Alabama. A men who became the Nation’s first Airmen and their amazing contribu- scientist with a master’s degree in chemistry black airmen. tions during World War II, and their and mathematics, Mr. Woolridge worked as an Many of the graduates of the impact in creating an integrated aircraft engineering officer ensuring that the Tuskegee program were sent overseas United States Air Force. I am honored planes were safe to fly every morning. After for combat assignment, either in the for this opportunity to speak during leaving the Army in 1946, Mr. Woolridge 99th Pursuit Squadron or the 332nd Black History Month on this important worked as an analytical chemist in Maryland Fighter Group, both of which were hon- resolution. until 1974. He remained an active member of ored for their service. In fact, the 99th As the first African American com- his Baltimore community until his death in Fighter Squadron received two Presi- bat unit in the Army Air Corps, the March of 1998. dential Unit citations for outstanding Tuskegee Airmen helped shatter After being inducted into the Army Air Corps tactical air support in aerial combat, stereotypes by fighting for freedom during World War II, Mr. Gordon T. Boyd Jr. and the 332nd Fighter Group received both abroad and here at home. Their became a bombardier and a navigator. He one Presidential Unit citation for its individual and collective acts of cour- joined the Tuskegee Airmen after being as- longest bomber escort mission to Ber- age helped pave the way for the deseg- signed to the Tuskegee Institute in Alabama. lin, Germany, where they destroyed regation of the Army in 1948. Mr. Boyd ascended to the rank of first Lieuten- three German jet fighters and damaged I would also like to take this oppor- ant and is credited with helping newer cadets five additional jet fighters without los- tunity to recognize four members of adjust to military life. After being honorably ing any of the bombers or any of its the Tuskegee Airmen with ties to the discharged in 1946, Mr. Boyd worked as a own fighter aircraft to enemy aircraft. Second Maryland Congressional Dis- management specialist for the U.S. Census Unfortunately, despite their out- trict. Alfred L. Woolridge, Gordon T. bureau until his retirement in 1979. Before his standing service, the Tuskegee Airmen Boyd, Leroy A. Battle, and Alfred death on May 5, 1995, Mr. Boyd became a experienced a great deal of racism. The McKenzie were four individuals with charter member of the East Coast Chapter racism directed at the airmen came to separate lives and histories. Each D.C. Tuskegee Airmen Inc. a head in early 1945 when black officers brought unique skills to their service Mr. Leroy A. Battle was a jazz musician who tried to enter the Freeman Field Club, and each helped form this historic played with Billie Holliday before he was draft- an officers’ club in Indiana, against di- group of this Tuskegee Airmen. On be- ed into the Army in 1943. He volunteered to rect orders for them to stay out. half of a grateful Nation, I thank them join the Tuskegee Airmen and soon became a Madam Speaker, 103 officers were ar- for their contribution and service. bombardier and a navigator. On April 5, 1945, rested, charged with insubordination, These gentlemen exemplified the Mr. Battle along with 100 other airmen, defied and ordered to face court-martial. bravery of the legendary Tuskegee Air- orders by attempting to desegregate the offi- Fortunately, the court-martial pro- men. They served their country, both cer’s club at Freeman Field in Seymour, Indi- ceedings were quickly dropped against on the battlefield and off, and were val- ana. The Freeman Field Incident played an 100 of the officers; two officers eventu- uable members of their Maryland com- important role in African-American attempts to ally had their charges dropped; and one munities. combat racism in the Armed Forces and even- officer, Lieutenant Roger ‘‘Bill’’ Terry, Madam Speaker, at a time of war tually paved the way for President Truman’s was convicted. with a new generation of service men order to desegregate the Army in 1948. After

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H426 CONGRESSIONAL RECORD — HOUSE February 9, 2005 being honorably discharged from the Army, take steps to have the remaining in- train black pilots. He was the lead instructor of Mr. Battle spent 29 years teaching before retir- stances of discrimination in the armed an extraordinary group of African American ing in 1978. He continues to be an active services eliminated as rapidly as pos- young men led by General Benjamin O. Davis member of this community by speaking out sible.’’ Jr. After enduring months of training, these about his experiences as a Tuskegee Airman. Even in the dark and demeaning dun- men defied their critics and earned their wings Mr. Alfred McKenzie joined the Tuskegee geons of discrimination, the Tuskegee to become the 99th Pursuit Squadron. The Airmen after being drafted into the Army in Airmen served with dignity. president of Tuskegee tried to persuade the 1942. After completing advanced training, Mr. Mr. ROGERS of Alabama. Mr. Speak- U.S. War Department to use its airmen as McKenzie became a B–25 pilot. He was sent er, how much time is remaining? combat pilots as World II loomed, but the to Freeman Field in Indiana where he later The SPEAKER pro tempore (Mr. Army resisted, alleging that African Americans joined Mr. Battle and 100 other airmen in at- LATHAM). The gentleman from Ala- lacked the intelligence and discipline to fly air- tempting to desegregate the officer’s club. bama (Mr. ROGERS) has 91⁄2 minutes re- planes. A turning point came in 1931 when the After World War II ended, Mr. McKenzie con- maining. The gentleman from North first lady, Eleanor Roosevelt, visited Tuskegee tinued to fight for the cause of civil rights. After Carolina (Mr. BUTTERFIELD) has 61⁄2 and went on an aerial tour with Chief Ander- being passed over for a promotion numerous minutes remaining. son. times at the Government Printing Office, Mr. ROGERS of Alabama. Mr. Speak- Months later, the 99th Pursuit Squadron, McKenzie filed a class action law suit. The suit er, I yield 3 minutes to the gentleman based out of North Africa, was flying combat resulted in an order to end discrimination in from North Carolina (Mr. missions over Italy. In their first escort mis- promotions and a $2.4 million award back pay BUTTERFIELD) for purposes of control. sion, the 38 fighters of the 99th held off more to over 300 people. He continued to work for Mr. BUTTERFIELD. Mr. Speaker, I than 100 German attackers. On the 4th of July various civil rights causes until his death on yield 2 minutes to the gentleman from 1943, the New York Times ran this article from March 30, 1998. Georgia (Mr. BISHOP). the Allied Headquarters, in North Africa; an These gentlemen exemplified the bravery of (Mr. BISHOP of Georgia asked and American Negro fighter squadron escorting the legendary Tuskegee Airmen. They served was given permission to revise and ex- bombers yesterday over Sicily destroyed a their country both on the battlefield and off tend his remarks.) Focke-Wulfe 190 to score the formations first and were valued members of their Maryland Mr. BISHOP of Georgia. Mr. Speaker, victory. General Dwight D. Eisenhower was on communities. Mr. Speaker, at a time of war, I rise today in honor of the courageous the airfield to congratulate First Lieutenant with a new generation of servicemen and men of the 332nd Fighting Group, the Charles Hall of the 99th Pursuit Squadron women serving bravely to bring liberty to the Tuskegee Airmen. when he returned after shooting down the oppressed, I think it is only fitting that we re- In 1940, Charles ‘‘Chief’’ Anderson led plane. In perhaps their most spectacular mis- member these members of the Greatest Gen- a cadre of instructors to train an ex- sion, then Colonel Davis led the Tuskegee Air- eration—the Tuskegee Airmen. traordinary group of African American men on a 1,600-mile escort mission to Berlin. Mr. ROGERS of Alabama. Mr. Speak- young men led by General Benjamin O. Until that day, the Allies had shot down only er, I reserve the balance of my time. Davis, Jr. After enduring months of two of the new German jet fighters. But on Mr. BUTTERFIELD. Mr. Speaker, I training, these men defied their critics that day alone, Colonel Davis and his yield 11⁄2 minutes to the gentleman and earned their wings to become the Tuskegee Airmen downed three. In combat from Missouri (Mr. CLEAVER). 99th Pursuit Squadron and would later over Europe, the Tuskegee Airmen shot down Mr. CLEAVER. Mr. Speaker, I rise in form the 332nd Fighter Group. or damaged more than 400 German aircraft, support of House Concurrent Resolu- The 332nd was based out of North Af- winning 150 Distinguished Flying Crosses and tion 26, honoring the Tuskegee Airmen. rica and flew combat missions over 744 Air Medals. The 332nd Fighter Group was When Tuskegee’s first school offi- Italy. Most notable, on the 4th of July the only escort group of the U.S. Army Air cially opened on July 4, 1881, Booker T. 1943, the New York Times reported Forces never to lose a bomber. Their record Washington became the first principal from North Africa that ‘‘An American is as remarkable as it is renowned. and was the first of many magnificent Negro fighting squadron escorting The men of the 99th were both warriors and leaders of that institution. bombers yesterday over Sicily de- patriots who fought for equality and liberty at Due to the rigid racial segregation in stroyed a Focke-Wulfe 190 to score the home and abroad. I was blessed to know sev- the United States during World War II, formation’s first victory.’’ In combat eral of the early Tuskegee Airmen, including over 966 black military aviators were over Europe, the Tuskegee Airmen shot my childhood neighbor, Mr. William Gordon, trained. And one of those men, I am down or damaged more than 400 Ger- Sr., a pilot, an educator and a distinguished proud to say, was my father’s older man aircraft, winning 150 Distin- business man. It is fitting that we remember brother, my uncle, LeRoy Cleaver, Jr., guished Flying Crosses and 744 Air them today as our young men and women of of Wichita Falls, Texas. Medals. The 332nd was the only escort the Air Force support the Global War on Ter- My uncle and others served here at group in the U.S. Army Air Force ror throughout the Air Force’s global reach home, in North Africa, Sicily, and Eu- never to lose a bomber. Their record is and presence. Today, I salute the Tuskegee Airmen, Amer- rope. They proved that they were not as remarkable as it is renowned. ican heroes, for their courageous and distin- only some of the Air Force’s best men The men of the 332nd were both war- guished service to this great nation. but the military’s best men. riors and patriots who fought for equal- Mr. ROGERS of Alabama. Mr. Speak- On October 9, 1943, Tuskegee’s 99th ity and liberty at home and abroad. er, I reserve the balance of my time. Pursuit Squadron was paired with the I was blessed to know several of the Mr. BUTTERFIELD. Mr. Speaker, I all-white 79th Fighter Group. These early Tuskegee Airmen, including my yield 2 minutes to the gentleman from groups were integrated and no longer neighbor growing up, Mr. William Gor- Alabama (Mr. DAVIS). restricted to being escorts; instead, don, Sr., a pilot, an educator, a mentor Mr. DAVIS of Alabama. Mr. Speaker, they were assigned to the highly haz- and a distinguished businessman. I thank the gentleman from North ardous duty of bombing key German It is altogether fitting that we re- Carolina (Mr. BUTTERFIELD) for yield- strongholds. member them together during Black ing me time. Tuskegee Airmen destroyed over History Month and as our young men Let me begin by thanking my good 1,000 Germany aircraft and received and women of the Air Force support friend, the gentleman from the State of some of our Nation’s most prestigious the global war on terror through the Alabama (Mr. ROGERS). We are both military honors, including 150 Distin- Air Force’s global reach and presence. Alabama native sons. What a testa- guished Flying Crosses, 744 Air Medals, Today, I am proud that we salute the ment to the Tuskegee Airmen that eight Purple Hearts, and 14 Bronze Tuskegee Airmen, American heroes, for today a white Alabamian and a black Stars; and they never lost a single ship. their courageous and distinguished Alabamian stand here to pay tribute to On February 2, 1948, President Harry service to this great Nation. their remarkable work. Truman of my district in Missouri did Mr. Speaker, I rise today in honor of the So much has been said about their re- what no previous President had dared. courageous men of the 332nd Fighter Group, markable accomplishments, and I will He announced courageously in a special the Tuskegee Airmen. not repeat any of that, but something message to Congress that he had ‘‘in- In 1940, Charles ‘‘Chief’’ Anderson, a self- needs to be said about the origins of structed the Secretary of Defense to taught pilot, went to the Tuskegee Institute to these men.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H427 When they were born every single with dignity in uniform they stood riers for those who came after them. One of one of them was born in a segregated strong. They loved their country, and the things that stood out was a question that society that was dedicated to the prop- they trained young airmen who later Lt. Col. Charles McGee posed before leaving osition that men and women are un- became generals of our Armed Forces. the students: ‘‘Think about this, you are going equal and created unequally. When They were known in World War II to to be responsible for what happens in this every single one of these men was born, be the battalion that never turned country for the next 15 or so years . . . What they lived in a world that doubted back. They joined their colleagues, ir- will you contribute to it?’’ their value, that doubted their worth, respective of their color. They went I highlighted this question because it is very that doubted their potential to con- after those who needed to be saved and applicable to the current situation that we face tribute to this country, and yet they they did it with valor. Even though in Abu Ghraib. We must be accountable for rose above it. They worked and prac- they came back to the Nation as sec- the way we treat our brothers as well as our ticed in an Army, for that matter, that ond-class citizens, they always lived foreign neighbors. The human rights element was segregated. Yet they somehow rose their lives as Tuskegee Airmen. of the civil rights struggle for African Ameri- above it. I salute the city of Tuskegee and I cans can be used to guide our actions today There are young men and women who salute Alabama for hosting these in Iraq and every day. Because of the fortitude are listening to us right now, Mr. young families. My mother-in-law and commitment shown by the Tuskegee Air- Speaker, and I hope that they will take lived, of course, as a young bride in men, our Armed Forces have the talent and this lesson from our standing here and Tuskegee, Alabama. It was that chari- skill that allows us to sleep at night knowing saluting these airmen today: That even table atmosphere, of course, for those that we are in the most capable hands. if you are born in a condition and cli- young men that allowed them to be A program began on July 19, 1941, in Ala- mate that holds you back, even if you able to train and to be excellent. bama to train black Americans as military pi- are born in conditions of the inner city So today I rise with my colleagues to lots. Flight training was conducted by the Divi- and rural parts of the South that would support and applaud this resolution sion of Aeronautics of Tuskegee Institute, the seem to tell you what you cannot do, and to be able to say that we together famed school of learning founded by Booker look up to the Tuskegee Airmen, be- now in a bipartisan manner and, of T. Washington in 1881. Once a cadet com- cause they are an example of human course, with all of our diversity and pleted primary training at Tuskegee’s Moton beings rising to their highest potential our appreciation for what America Field, he was sent to nearby Tuskegee Army against all kinds of odds. really stands for, we stand here today Air Field for completion of flight training and I close, Mr. Speaker, simply by say- on February 9, 2005, united as an Amer- for transition to combat type aircraft. The first ing again, as a son of Alabama, that ica that loves its United States mili- classes of Tuskegee airmen were trained to this is the progress that our State has tary, but we will never forget the brave be fighter pilots for the famous 99th Fighter made. When the history of the last cen- men who, against all odds, stood as Squadron, slated for combat duty in North Afri- tury is finally written and the history regal Tuskegee Airmen, making a dif- ca. Additional pilots were assigned to the 332d of human progress is written, let it be ference in this valiant effort. Fighter Group which flew combat along with said that these brave men came to my Mr. Speaker, I thank the gentleman the 99th Squadron from bases in Italy. State of Alabama to learn about serv- from Alabama (Mr. ROGERS) for allow- In September 1943, a twin-engine training ing their country and that they learned ing us the opportunity to debate this, program was begun at Tuskegee to provide a talent that helped keep our country but more importantly, for cementing bomber pilots. However, World War II ended free. May we draw some inspiration the history at this very important before these men were able to get into com- from that. time. bat. By the end of the war, 992 men had grad- I thank all of the outstanding Mem- Mr. Speaker, I rise in strong support of the uated from pilot training at Tuskegee. 450 of bers who have spoken on this bill resolution currently on the floor under suspen- these men were sent overseas for combat as- today. sion of the rules, H. Con. Res. 26. This bill signment. Approximately 150 lost their lives Mr. ROGERS of Alabama. Mr. Speak- was introduced by our colleague from Ala- while in training or on combat flights. More er, I reserve the balance of my time. bama, Mr. ROGERS, and the Committee on men were trained at Tuskegee for aircrew and Mr. BUTTERFIELD. Mr. Speaker, I Armed Services and honors the heroic and re- ground crew duties—flight engineers, gunners, yield 2 minutes to the gentlewoman nowned Tuskegee Airmen for their sacrifices mechanics, and armorers. from Texas (Ms. JACKSON-LEE). in World War II as well as for their contribution Mr. Speaker, as we move forward in the (Ms. JACKSON-LEE of Texas asked to the Civil Rights movement. international fight against terrorism, the spirit and was given permission to revise and I joined our colleague from Nevada, Mr. and tenacity of the Tuskegee Airmen must in- extend her remarks.) PORTER, to speak about his resolution, H. spire us to fight terror together as a team. The Ms. JACKSON-LEE of Texas. Mr. Con. Res. 417, that honored the Tuskegee team must be comprised of all of our inter- Speaker, I thank the distinguished gen- Airmen and their contribution in creating an in- national neighbors. I support this resolution tleman from North Carolina (Mr. tegrated United States Air Force. At the time and am honored to share these words. BUTTERFIELD) for yielding me time, we supported that resolution, this Nation dealt Mr. ROGERS of Alabama. Mr. Speak- and I thank the sponsoring Member, with a very serious human rights crisis that er, I yield 3 minutes to the gentleman the gentleman from Alabama (Mr. ROG- was partially perpetrated by our own military from North Carolina (Mr. ERS) for his kindness. personnel in the Iraq region. However, the BUTTERFIELD) for purposes of control. Mr. Speaker, I was introduced to the Tuskegee Airmen represented a positive ex- Mr. BUTTERFIELD. Mr. Speaker, I Tuskegee Airmen through my father in ample of a respect for human rights as well as yield 2 minutes to the gentleman from law, Phillip F. Lee, who spent many civil rights at the highest level. the State of Georgia (Mr. BARROW). hours and many moments with the Five members of the Tuskegee Airmen Mr. BARROW. Mr. Speaker, I rise family telling us about not only the group visited middle and high school students this afternoon to speak of bravery, of history, but the compassion and the at the M. O. Campbell Educational Center in courage, and of a war that was fought character of these brave men. Houston’s Aldine Independent School District on two fronts, at home and abroad. Might I say that although we applaud in conjunction with the ‘‘Wings Over Houston Over 60 years ago America was at war the United States military for being Air Show.’’ That event left an indelible mark on with totalitarianism and fascist forces one of the first institutions in the the youths of Houston who look up to our men spreading across Europe and the Pa- United States to integrate its services and women in uniform. cific. And here at home, our country and its forces, let me try to paint for Lt. Col. Lee Archer, Lt. Col. Charles McGee, was training and building an army to you very briefly the kind of atmos- Dr. Roscoe C. Brown, Jr., Lt. Col. Herbert answer the call, an army with a history phere that these young black men en- ‘‘Gene’’ Carter and George Watson, Sr. visited of excluding African Americans from tered into. with Leadership Officer Training Corps (LOTC) aviation training. It was an enormously segregated and Junior Reserve Officers’ Training Corps That was the case until just 3 months America, an America that had recently (JROTC) students to talk about their roles as after the attack on Pearl Harbor, when come through a challenging depression, pilots and ground support personnel during a class of five aviation candidates fin- and an armed services that did not con- World War II and how their presence in the ished training at the Tuskegee Army front them or view them as equal, yet armed forces helped to break down racial bar- Airfield on the campus of the Tuskegee

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H428 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Institute in Alabama, soon becoming History Month to put forth such out- Connecticut, who went on to become one of the Nation’s first African American standing legislation. the first members of the 99th Fighter Squad- fighter pilots. They were George S. Mr. Speaker, 2 weeks ago, I was in ron. The United States sent the 99th Fighter Roberts, Benjamin O. Davis, Jr., the country of Iraq and, in fact, visited Squadron to North Africa and later Europe, Charles H. BeBow, Jr., Mac Ross, and with the current 332nd Fighter Group, where the Tuskegee Airmen proved to be val- Lemuel R. Custis. the original Tuskegee Airmen; and uable to the Allied Forces. By the end of the These were the original five there is a mural honoring their proud war, 992 men had graduated from pilot train- Tuskegee Airmen, pilots who entered heritage displayed at their base. ing at Tuskegee, of which, 450 were assigned into combat at a critical part of the This group is so important to our to combat oversea. In total, the Tuskegee Air- war and was instrumental in helping to current activity in Iraq, this is the men of the 99th, 100th, 301st and 302nd turn the tide. group at Blaad Air Force Base that Fighter Squadrons distinguished themselves Between 1941 and 1945, over 1,000 avi- transfers injured soldiers from the field with 1,578 missions. The 332nd earned a ators trained at the Tuskegee Army in stable intensive care environments Presidential Unit Citation for ‘‘outstanding Airfield. Together, fighting alongside back to Ramstein, Germany, and then courage, aggressiveness, and combat tech- hundreds of thousands of their fellow back to the United States. This out- nique’’ while escorting heavy bombers over citizens, they helped defeat the threat standing group of men and women serv- Germany. of fascism, proving that America is ing today have transferred over 19,000 Mr. Speaker, I urge my colleagues to join strongest when they are not divided by patients with only one intertransfer me today in honoring the outstanding record bigotry, prejudice, or racism. death, truly an outstanding record. of the Tuskegee Airmen who proudly de- The military record of these distin- The SPEAKER pro tempore. The gen- fended our Nation and paved the way for full guished airmen speaks for itself, 15,500 tleman from Alabama (Mr. ROGERS) integration of the U.S. military. Their achieve- missions completed, 260 enemy aircraft has 31⁄2 minutes remaining. The gen- ments and bravery represent the best qualities destroyed, one enemy destroyer sunk, tleman from North Carolina (Mr. of America, and we all owe them our appre- an unprecedented record of flying more BUTTERFIELD) has 41⁄2 minutes remain- ciation for their valiant contribution to this than 200 bomber escort missions with- ing. county. out the loss of a single bomber to Mr. ROGERS of Alabama. Mr. Speak- Mr. PORTER. Mr. Speaker, the storied his- enemy aircraft. er, I reserve the balance of my time. tory of our Nation’s Armed Forces was written The Tuskegee Airmen returned home Mr. BUTTERFIELD. Mr. Speaker, I by the great men and women who served our with Distinguished Flying Crosses, Le- yield myself such time as I may con- country with honor and bravery. gions of Merit, Purple Hearts and Sil- sume. Among the most courageous was a group of ver Stars, but beyond the medals and Mr. Speaker, I want to first of all men who defied both fascism abroad and rac- accolades, these men paved the way to thank the gentleman from Alabama ism at home while establishing a record as an important and long-overdue victory, (Mr. ROGERS) for bringing forward this one of the most successful fighting units in the full integration of the U.S. mili- resolution and for sharing his time dur- American history. tary. That is the lesson of the ing this debate and discussion today. Mr. Speaker, in the 108th Congress I was Tuskegee Airmen, that love of country, Mr. Speaker, of the Tuskegee Airmen honored to sponsor House Concurrent Resolu- skill, and daring are qualities that deserve every accolade that this body tion 417 honoring the Tuskegee Airmen and I transcend race or skin color. can possibly extend. I want to say to am again delighted to stand here today in sup- Today, as we face new threats from the Tuskegee Airmen, if you are watch- port of House Concurrent Resolution 26 hon- abroad, let us learn from the courage ing this by television, to the families of oring the Tuskegee Airmen for their bravery and example set by the Tuskegee Air- the Tuskegee Airmen, this country and sacrifice. men. Let us recommit ourselves to put- owes to each of you a great, great debt My first experience with the Tuskegee Air- ting old and inexcusable divisions be- of gratitude. men occurred through one of my former staff hind us. America’s strength lies in our b 1115 members, Traci Scott. Her father, Captain unity, and to move forward, we must Jesse H. Scott was an original member of the work together as one nation, whether May God continue to bless each one Airmen and was so eager to join that he even it be on foreign battlefields or in our of you and may God bless your fami- lied about his age to be accepted into the local communities. lies. Tuskegee Airmen. Mr. ROGERS of Alabama. Mr. Speak- Mr. Speaker, I yield back the balance I also had the opportunity to meet with Mr. er, I yield such time as he may con- of my time. George Sherman, a former Tuskegee Airman sume to the gentleman from Texas (Mr. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that currently resides in Las Vegas. I was priv- BURGESS.) The SPEAKER pro tempore (Mr. ileged to hear first hand accounts and see Mr. BURGESS. Mr. Speaker, I also LATHAM). The gentleman is reminded photos that provided a glimpse of what it must want to make a few remarks on this to address his comments to the Chair have been like to be a Tuskegee Airman. legislation before us, the Tuskegee Air- rather than the viewing audience. The Tuskegee Airmen were a group of dedi- men Act, and I want to speak on that MR. ROGERS of Alabama. Mr. cated and determined young men who en- because this is so personal to me. My Speaker, I would also like to thank the listed to become America’s first African-Amer- mayor of Highland Village, Texas, a gentleman from North Carolina for his ican airmen. These airmen were trained at city that is central to my district, my participation and the kind words from Tuskegee Army Air Field in Tuskegee, Ala- mayor, Bill Lawrence, is the son of one all of those who spoke here today bama beginning in 1941. of the original Tuskegee Airmen. about this very important recognition. The airmen trained at Tuskegee received Today, I will be happy to vote for Mr. LARSON of Connecticut. Mr. Speaker, I two Presidential Unit Citations for outstanding this legislation honoring a proud group rise today in support of H. Con. Res. 26 to tactical air support and aerial combat, and of African American heroes of World honor and pay tribute to the valiant efforts of they established the incredible and unprece- War II. The House of Representatives the Tuskegee Airmen of World War II, who de- dented record of flying more than 200 bomber should pass H. Con. Res. 26 to honor the fended the freedom of the United States and escort missions without the loss of a single Tuskegee Airmen for their bravery in the World while breaking down the racial bar- bomber to enemy aircraft. fighting for our freedom in World War riers of the U.S. military. I encourage my colleagues on both sides of II and for their contribution in cre- In the midst of World War II, the U.S. Army the aisle to join me in recognizing the accom- ating an integrated U.S. Air Force. Air Corps began a program to expand the role plishments of this unique group of American The Tuskegee Airmen are the fighter of African Americans in the military. In July heroes. pilots of the 99th Pursuit Squadron, 1941, 13 men started the first aviation cadet As our nation engages in combating ter- which was later incorporated into the class at Tuskegee Army Field in Tuskegee, rorism around the world, we rely upon the 332nd Fighter Group, who fought dur- Alabama. After 9 months of vigorous flight global reach and presence provided by our Air ing World War II in the U.S. Army Air training, five men successfully completed the Force. The example set by the Tuskegee Air- Corps and were trained at Tuskegee program and graduated from the Tuskegee men encouraged millions of Americans of Army Field in Tuskegee, Alabama. No Flying School. These five airmen included every race to pursue careers in air and space better time exists than during Black Captain Lemuel R. Custis of my home State of technology. The Tuskegee Airmen proved that

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H429 skill and determination, not skin color, are the flew in 15,500 missions and destroyed over chapter is named after Mac Ross, a Dayton determining factors in aviation. 260 German aircraft. They were awarded for native, and one of the first five African-Amer- As we celebrate Black History Month this their ‘‘extraordinary heroism’’ with 850 medals, ican airmen to become Air Corps pilots in February, it is important that we remember not including numerous purple hearts and silver 1942. It serves as a reminder to all of us of just the historical circumstances that divided stars. the heroic tale of these airmen who fought in our nation, but we must also remember those Mr. Speaker, the Tuskegee Airmen flew a world war, and at home, for freedom. individuals that helped push the Civil Rights under the leadership of a great man, Ben As a proud Daytonian, I am pleased to join Movement forward. We are forever indebted to Davis, Jr. Ben Davis knew he wanted to fight my colleagues in honoring the Tuskegee Air- those men who silently risked their lives to for his country and he knew he wanted to fly. men, pioneers who braved prejudice at home protect a country that, at the time, did not nec- A passionate pilot, Ben Davis, Jr. made sac- and combat abroad and as a result did their essarily appreciate, nor recognize, their brave rifices for his dreams. When he set his mind part in winning World War II and creating an sacrifice. on attending West Point, he was told that he integrated Air Force. Ms. ROS-LEHTINEN. Mr. Speaker, I am would face discrimination there. Undeterred, Mrs. JONES of Ohio. Mr. Speaker, I rise honored and grateful for the opportunity today he decided to attend the prestigious academy today to express my support for H. Con. Res. to recognize the inspirational challenges that anyway. Throughout his time at the famed 26, Honoring the Contributions of the the Tuskegee Airmen courageously embraced school, he was forced to live by himself and Tuskegee Airmen. and surmounted as the first African-American eat alone. The Tuskegee Airmen were a group of dedi- pilots in our Nation’s distinguished Armed But, Mr. Speaker, for Ben Davis, the sac- cated and determined young men who en- Forces. rifices were worth it. As commander of the Air- listed to become America’s first African-Amer- I commend my colleague, MIKE ROGERS, for men, he never lost a single Bomber to enemy ican Airmen and earned their silver wings to introducing H. Con. Res. 26, that recognizes fire. He became the first African American to become the Nation’s first Black military pilots the invaluable contributions that these valiant hold the title of Major General and Lieutenant in March of 1942. I would like to recognize men made to our country and the significant General of the Armed Forces. Tuskegee Airmen Richard Enty, Charles example that they continue to offer us today. Mr. Speaker, when Ben Davis and the McGee, and Eugene Guyton who were born in An illustrious group of men who served the Tuskegee Airmen alighted from their planes at Cleveland, OH, and were among the most ad- United States with honor and bravery, the the end of World War II, they returned to mired and respected African-American pilots in Tuskegee Airmen defied both fascism abroad America as heroes on two counts. Not only the country. As we celebrate Black History and racism at home, as they proved deter- had they helped to ensure the defeat of tyr- Month, it is only proper to remember the cou- mined to defend our families, communities, anny overseas, but they had won a decisive rageous and historic accomplishments of and Nation as a whole throughout the course battle for racial equality at home. These men these brave pilots. of the Second World War. were an inspiration for generations of aspiring The military selected Tuskegee Institute to As the only unit ever to secure the impres- black soldiers. They should serve as models train pilots because of its commitment to aero- sive and unprecedented record of flying over to the many soldiers fighting bravely and nautical training, and between 1941 and 1945, 200 escort missions without the loss of a sin- proudly in Afghanistan and Iraq today. trained over 1,000 Black aviators for the war gle bomber aircraft to the enemy, the Mr. TURNER. Mr. Speaker, I rise today in effort. The Tuskegee Airmen, under the com- Tuskegee Airmen confirmed, without a doubt, strong support of H. Con. Res. 26, honoring mand of COL Benjamin O. Davis, Jr., flew that skill and determination, not skin color, are the Tuskegee Airmen for their bravery in fight- successful missions over Sicily, the Mediterra- the determining factors not only in aviation, ing for our freedom in World War II, and for nean, and North Africa. but in anything we endeavor to achieve yes- their contribution in creating an integrated The Airmen completed 15,500 missions, de- terday and today. United States Air Force. I thank my friend and stroyed over 260 enemy aircraft, sank one The example set by these individuals en- colleague, MIKE ROGERS of Alabama, for intro- enemy destroyer, and demolished numerous couraged millions of Americans of every race ducing this legislation. enemy installations. In addition, these brave to pursue careers in air and space technology. Dayton, OH, which I am proud to represent pilots destroyed more than 1,000 German air- But it extends even further then this. in Congress is the home of the pioneers craft while accumulating an unprecedented The extraordinary feat of the Tuskegee Air- Orville and Wilbur Wright, and is the birthplace record of flying more than 200 bomber escort men to overcome segregation and prejudice to of aviation. The Wright Brothers were pioneers missions over central and southern Europe go on and become one of the most highly re- of flight, as were the Tuskegee Airmen. But without the loss of a single bomber to enemy spected fighter groups of World War II estab- before they could fly, the Tuskegee Airmen aircraft. Over the course of World War II, the lished the possibility for all Americans—de- had to overcome racial prejudice and segrega- Tuskegee Airmen returned home with some of spite race, culture, religion or gender—to tion. And overcome they did. These brave our Nation’s highest military honors including achieve their own dreams and aspirations. Americans went on to become one of the 150 Distinguished Flying Crosses, 744 Air Their courage to confront the constraints of most respected fighting units of World War II. Medals, 8 Purple Hearts, and 14 Bronze American society contributed to the courage of Nicknamed the ‘‘Red Tails’’ because of the red Stars. others to confront the dangers of the war, and tail markings on their aircraft, the tenacious The accomplishments of the Tuskegee Air- today continues to contribute to the courage of bomber escort cover provided by the men proved that they were highly disciplined Americans to persevere and succeed in the Tuskegee Airmen often discouraged enemy and capable fighters, and through their exam- face of adversity and hardships. fighter pilots from attacking bombers they es- ple, millions of Americans of every race were Once again, I express my utmost sincere corted. encouraged to pursue careers in air and gratitude and admiration for the courage of the The Tuskegee Airmen passed on the les- space technology. Tuskegee Airmen and hope that our col- sons they learned in flight to those who came Mr. Speaker, I reiterate my strong support leagues here today will join in this much de- after them: between 1941 and 1945, the for H. Con. Res. 26. served recognition of their sacrifices and con- Tuskegee Airmen trained over 1,000 black avi- Mr. SERRANO. Mr. Speaker, I rise today in tribution. ators for the war effort. The bravery and dedi- support of the concurrent resolution honoring Mr. CUMMINGS. Mr. Speaker, I rise today cation of these airmen can be appreciated by the Tuskegee Airmen for their bravery in fight- to honor the Tuskegee Airmen for their brav- their enviable service record of over 15,500 ing for our freedom in World War II, and for ery and for their patriotism. The Tuskegee Air- missions, in which over 260 enemy aircraft their contribution to creating an integrated U.S. men blazed trails as they grazed the clouds were destroyed, one enemy destroyer was Air Force. high above the Mediterranean. They fought on sunk, and numerous enemy installations were The Tuskegee Airmen were the first African the frontlines of two wars simultaneously, and damaged. The Tuskegee Airmen served with Americans to be trained by the U.S. Military to they were victorious in both. These pilots, distinction and earned over 850 medals and be pilots in the U.S. Army Air Corps. Due to navigators, and bombardiers helped save Eu- throughout their storied history, the Airmen did the rigid pattern of racial segregation that pre- rope from the murderous clutch of Adolf Hitler not lose a single bomber to enemy fire in vailed in the United States during World War and the Nazis. They also won a crucial battle more than 200 combat missions—a record II, Black military aviators were forced to serve in the war for racial equality in America. that is unmatched by any other fighter group. in segregated units and not allowed to train or The first African American air squadron, the There is a local chapter of an organization fight alongside their white countrymen. Despite Tuskegee Airmen were an elite flight unit, named for the Tuskegee Airmen at Wright initial obstacles, 445 went oversees as combat known as the Red Tail Angels and as the Patterson Air Force Base in Dayton, Ohio: The pilots in the Europe, North Africa and the Med- Black Bird Men. These fearless fighter pilots Mac Ross Chapter of Tuskegee Airmen. The iterranean. Flying ‘‘bomber escort’’ and ground

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H430 CONGRESSIONAL RECORD — HOUSE February 9, 2005 attack missions on 15,533 sorties and 1578 Through their World War II service, the Air- retary of Defense to take steps to have the re- missions between May, 1943 and June 9, men would earn 150 Distinguished Flying maining instances of discrimination in the 1945, the Tuskegee Airmen compiled the envi- Crosses, 744 Air Medals, 8 Purple Hearts, and armed services eliminated as rapidly as pos- able Air Force record wherein none of the 14 Bronze Stars. At the war’s end they had sible.’’ bombers they escorted was lost to enemy not only helped to defeat the Germans, they The Tuskegee Airmen helped our Nation fighters, they destroyed 251 enemy aircraft helped to set in motion the eventual desegre- walk forward toward equality. Today, we honor and won more than 850 medals. Their record gation of the Armed Services a few years them, including my Uncle Reverend LeRoy was not withont losses, however, with 32 later—the first real victory of the civil rights Cleaver, Jr., because they remain among the POWs and 66 Tuskegee Airmen killed in ac- movement. best advocates, soldiers, and examples in our tion. The Tuskegee Airmen belong to a group of Nation’s history in that noble pursuit. Mr. Speaker, we all remember President African-American military heroes whose belief Mr. ROGERS of Alabama. Mr. Speak- Kennedy’s famous call to all Americans: ‘‘Ask in themselves, and in their country, gave them er, I have no further requests for time, not what your country can do for you but what the strength to overcome incredible obstacles and I yield back the balance of my you can do for your country.’’ Some 20 years and reach unprecedented heights. In so doing time. earlier this group of brave soldiers went above they have given hope and pride to the genera- The SPEAKER pro tempore. The and beyond that call in fighting for a country tions that have followed them. They also gave question is on the motion offered by that at the time refused to fight for them. Their hope to a young kid from Harlem, as he set the gentleman from Alabama (Mr. ROG- heroism on the battlefield not only helped to out to fight in Korea. The example they left ERS) that the House suspend the rules defeat oppression in Europe but also helped served me well in that war, and in life. and agree to the concurrent resolution, to push their own nation to confront its crimes I would personally like to honor three indi- H. Con. Res. 26. of oppression. viduals from the 15th district of New York: The question was taken. The Tuskegee airmen also known as the Percy Sutton, Roscoe Brown, and Lee Archer. The SPEAKER pro tempore. In the ‘‘Red Tails’’, because of the bright red spin- They all served their country as Tuskegee Air- opinion of the Chair, two-thirds of ners and tails they painted on their planes, are men, and they have all gone on to make tre- those present have voted in the affirm- national heroes and therefore deserve the mendous contributions to the community of ative. thanks and gratitude of this nation. I ask my Harlem. Mr. ROGERS of Alabama. Mr. Speak- colleagues to join me in honoring the I sincerely thank Congressman ROGERS for er, on that I demand the yeas and nays. Tuskegee Airmen. this resolution because the Tuskegee Airmen The yeas and nays were ordered. Mr. RANGEL. Mr. Speaker, I rise today in are a group especially deserving of our praise. The SPEAKER pro tempore. Pursu- support of H. Con. Res. 26, honoring the John F. Kennedy once said that, ‘‘A nation re- ant to clause 8 of rule XX and the Tuskegee Airmen, a courageous and pio- veals itself not only by the men it produces, Chair’s prior announcement, further neering group of Americans who are appro- but also the men it honors, the men it remem- proceedings on this motion will be priately being remembered, and their contribu- bers.’’ The Tuskegee Airmen are products of postponed. tion celebrated, today by the House of Rep- America. We honor them to today, and we will resentatives. f Before 1940, African-Americans were barred remember them forever. Mr. CLEAVER. Mr. Speaker, I rise in sup- SUPPORTING GOALS AND IDEALS from flying for the U.S. military. However, the port of House Concurrent Resolution 26 hon- OF NATIONAL BLACK HIV/AIDS great threat posed by the Nazi’s, and the de- oring the Tuskegee Airmen. AWARENESS DAY mands of Black Americans for full citizenship, When Tuskegee’s first school officially including the right to fight for their country as Mr. DEAL of Georgia. Mr. Speaker, I opened on July 4, 1881, Booker T. Wash- patriots, persuaded the American Government move to suspend the rules and agree to ington became the first principal and was the to provide an opportunity for African-Ameri- the concurrent resolution (H. Con. Res first of many Tuskegee leaders. Due to the cans to serve, even though in segregated 30) supporting the goals and ideals of units. rigid racial segregation in the United States National Black HIV/AIDS Awareness Soon, hundreds of young men from around during World War II, over 966 Black military Day, as amended. the country were signing up to become Airmen aviators were trained at Tuskegee. One of The Clerk read as follows: these men, I am proud to say, was my uncle, in the 332nd, the Black-only air wing created H. CON. RES. 30 for them. Barred from restaurants, theaters, the Reverend LeRoy Cleaver, Jr. My Uncle LeRoy and others serving in North Whereas the Centers for Disease Control and libraries in their hometowns, these young (‘‘CDC’’) has stated that, at the end of 2003, men found in the skies the freedom that elud- Africa, Sicily, and Europe proved that they over 172,000 African Americans were living ed them on land. were not only some of the Air Force’s best with AIDS, representing 42 percent of all The Tuskegee Airmen overcame segrega- men, but the Military’s best men. cases in the United States; tion and prejudice to become one of the most On October 9, 1943, Tuskegee’s 99th Pur- Whereas the CDC has further stated that, highly respected fighter groups of World War suit Squadron was paired with the all-White in 2003, African Americans accounted for 50 II. In so doing, they brought the racist concep- 79th Fighter Group. These groups were inte- percent of all new HIV infections, despite representing only about 12.3 percent of the tions of their time crashing to the ground. grated and no longer restricted to being escorts; instead, they were assigned to the population (according to the 2000 Census); Under the able command of COL Benjamin Whereas the CDC estimates that, in 2003, O. Davis, Jr., who himself became the first Af- hugely hazardous duty of bombing key Ger- African American women represented 67 per- rican-American Air Force General, the Airmen man strongholds. cent of all new AIDS cases among women, of the 332nd established themselves over the Tuskegee Airmen destroyed over 1,000 and were 23 times more likely to be infected skies of Sicily, the Mediterranean, and North German aircraft and received some of our Na- than white women; Africa, fighting and dying for freedom just as tion’s most prestigious military honors, includ- Whereas the CDC estimates that 69 percent their white brethren. ing: 150 Distinguished Flying Crosses, 744 Air of all children born to HIV infected mothers The Germans feared and respected the Medals, 8 Purple Hearts, and 14 Bronze in 2003 were African American; 332nd, referring to them as the Black Bird- Stars. Whereas the CDC has determined that the men. Their respect was warranted. The Air- In January 1948, President Harry S. Tru- leading cause of HIV infection among Afri- can American men is sexual contact with men completed 15,500 missions, destroyed man, favorite son of Independence, Missouri other men, followed by intravenous drug use 260 enemy aircraft, sank one enemy de- and Missouri’s Fifth District, decided to end and heterosexual contact; stroyer, and demolished numerous enemy in- segregation in the Armed Forces and civil Whereas the CDC has determined that the stallations. service, due in part to the tremendous suc- leading cause of HIV infection among Afri- They were also known as the ‘‘Red Tail An- cesses of groups like the Tuskegee Airmen. can American women is heterosexual con- gels’’ by American bomber crews because of President Truman issued Executive Order tact, followed by intravenous drug use; the red paint on their planes’ tails, and the 9981, calling for ‘‘all persons in armed serv- Whereas, in 2000, AIDS was among the top outstanding aerial protection they provided to ices without regard to race, color, religion, or three causes of death for African American men in the age group 25 through 54, and Afri- these crews. Indeed, the Tuskegee Airmen national origin.’’ can American women in the age group 35 would have the WWII distinction of never los- On February 2, 1948, President Truman did through 44; ing a bomber under their escort, despite flying what no previous President had dared, he an- Whereas the CDC estimates that, since in some of the enemies’ most heavily denounced, courageously, in a special message 1994, African Americans have the poorest fended areas. to Congress, that he had ‘‘instructed the Sec- survival rates of any racial or ethnic group

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H431 diagnosed with AIDS, with 55 percent sur- The SPEAKER pro tempore. Is there sponsors and deserves the support of all viving after 9 years compared to 61 percent objection to the request of the gen- the Members of the House. of Hispanics, 64 percent of whites, and 69 per- tleman from Georgia? Mr. Speaker, National Black HIV/ cent of Asian Pacific Islanders; There was no objection. AIDS Awareness Day was held on Feb- Whereas, in 1998, the Congress and the Clinton Administration created the National Mr. DEAL of Georgia. Mr. Speaker, I ruary 7 in cities and towns all over this Minority AIDS Initiative to help coordinate yield myself such time as I may con- country, including Atlanta, Baltimore, funding, build capacity, and provide preven- sume. Chicago, Cleveland, Dallas, Detroit, tion, care, and treatment services within the Mr. Speaker, I am pleased that the Houston, Los Angeles, Miami and New African American, Hispanic, Asian-Pacific House will consider H. Con. Res. 30. Orleans, New York of course, Philadel- Islander, and Native American communities; This resolution supports the goals and phia, Washington, D.C., and many, Whereas, in 1999, the CDC provided funding ideals of National Black HIV/AIDS many, more. This annual observance to five national nonprofit organizations Awareness Day. known as the Community Capacity Building was created to encourage African Coalition (‘‘CCBC’’): Concerned Black Men, The HIV/AIDS epidemic in the United Americans across the United States to Inc. of Philadelphia; Health Watch Informa- States has changed dramatically over get educated, get tested, and get in- tion and Promotion Services, Jackson State the past 2 decades. In 1981 when pa- volved in the fight against HIV/AIDS. University—Mississippi Urban Research Cen- tients were first diagnosed with AIDS, Now, some people may wonder, why ter; National Black Alcoholism & Addictions they typically only survived a few is it necessary to have a day to reach Council; and National Black Leadership months. Today, new treatments pro- out to the African American? And let Commission on AIDS; long life for HIV/AIDS patients and can me indicate to those that raise that Whereas the CCBC assists with leadership even prevent transmission of the virus development of community-based organiza- question that I wish it was not nec- tions (‘‘CBOs’’), establishes and links pro- from mother to child. Research and de- essary to have this kind of targeted vider networks, builds community preven- velopment activities at the National outreach effort. But, unfortunately, it tion infrastructure, promotes technical as- Institutes of Health, in addition to sig- is not only necessary; it is vital to us sistance among CBOs, and raises awareness nificant investments in the private sec- that we do this. It is just so important. among African-American communities; tor, have transformed how we treat It is of vital importance because Whereas, on February 23, 2001, the CCBC this disease. every day in this country 72 African organized the first annual National Black As the newly appointed chairman of Americans are infected with HIV. Ac- HIV/AIDS Awareness Day, whose slogan is the Subcommittee on Health, I look cording to the Centers For Disease ‘‘Get Educated, Get Involved, Get Tested’’; and forward to working with Members on Control, African Americans make up Whereas February 7 of each year is now both sides of the aisle to continue the approximately 13 percent of the popu- recognized as National Black HIV/AIDS progress we have made in responding to lation of the United States, but they Awareness Day: Now, therefore, be it the HIV/AIDS epidemic. That includes represent 40 percent of the total AIDS Resolved by the House of Representatives (the examining programs to ensure that we cases reported in this country. In 2003, Senate concurring), That the Congress— are adequately responding to this epi- CDC revealed that more African Amer- (1) supports the goals and ideals of Na- demic, especially in communities dis- icans were reported to have AIDS than tional Black HIV/AIDS Awareness Day and recognizes the fifth anniversary of observing proportionately affected by the dis- any other racial or ethnic group. In my such day; ease. Too many Americans are still in- own congressional district, the largely (2) encourages State and local govern- fected with this deadly disease, when African American neighborhoods of Ft. ments, including their public health agen- we know there are proven ways to pre- Greene and East New York continue to cies, to recognize such day, to publicize its vent its transmission. experience the highest incidence of importance among their communities, and One project that I intend to work on HIV/AIDS in New York City. to encourage individuals to undergo testing will be the reauthorization of the Ryan In the United States, nearly 406,000 for HIV; White CARE Act programs. Congress people were living with AIDS at the (3) encourages national, State, and local media organizations to carry messages in invests approximately $2 billion in end of 2003, and African Americans ac- support of National Black HIV/AIDS Aware- Ryan White CARE Act programs. Be- counted for half of these AIDS cases. ness Day; fore reauthorizing these programs, we Among women, rates of HIV/AIDS diag- (4) commends the President for high- will evaluate how program dollars are nosis in African American women are lighting HIV/AIDS in the State of the Union allocated so that taxpayer resources 19 times higher than those of white address; for emphasizing the importance of are indeed providing critical treatment women and five times higher than addressing the HIV/AIDS epidemic among services to those areas with the great- those of Hispanic women. Sadly, Afri- the African American community, especially est needs. Legislation we advance will can Americans also suffer the vast ma- among African American women; as well as international efforts to address the global incorporate changes to strengthen jority of deaths caused by AIDS, ac- HIV/AIDS epidemic; these programs so that better results counting for more than half of all U.S. (5) encourages enactment of effective HIV are achieved. AIDS-related deaths in 2003. prevention programs, including ABC pro- As we recognize and encourage others While these statistics are tragic, we grams like those implemented in Uganda, to participate in the activities this must never shrug our shoulders and say which recognizes abstinence and being faith- week to raise awareness about HIV/ nothing can be done. ful to one’s lifetime partner as effective AIDS, I would also like to draw special We must remember HIV/AIDS is to- ways to prevent HIV; and attention to President Bush for his ef- tally preventable. So in the face of this (6) encourages States to enact HIV surveil- forts to address the HIV/AIDS epi- immense human tragedy, we cannot lance programs consistent with recognized give up. We must embrace the oppor- infectious disease control methods to ensure demic, both in the United States and accurate data, better targeting of resources, around the world. President Bush has tunity to encourage people to get edu- and improved delivery of health services to proven time and again his commitment cated, get tested, and get involved in those living with HIV. to improving the lives of those im- the fight against AIDS. We must never The SPEAKER pro tempore. Pursu- pacted by HIV/AIDS and deserves our forget that apathy and silence lead to ant to the rule, the gentleman from support for these endeavors. ignorance, and ignorance leads to Georgia (Mr. DEAL) and the gentleman I encourage my colleagues to adopt death. Members of this Congress must from New York (Mr. TOWNS) each will this resolution stand together to break the silence and control 20 minutes. Mr. Speaker, I reserve the balance of reject the ignorance which is leading to The Chair recognizes the gentleman my time. the death of ordinary people in count- from Georgia (Mr. DEAL). Mr. TOWNS. Mr. Speaker, I yield my- less communities all over this land. GENERAL LEAVE self as much time as I might consume. Mr. Speaker, we must not only use Mr. DEAL of Georgia. Mr. Speaker, I I want to thank my colleague, of the well of the House as a forum; we ask unanimous consent that all Mem- course, the gentlewoman from Cali- must, as I said, we must use our budget bers may have 5 legislative days within fornia (Ms. LEE), who has really distin- process to provide the necessary fund- which to revise and extend their re- guished herself in this body as a real ing for this as well. That is why I hope marks and include extraneous material leader for introducing this bill. This that this body will move expeditiously on this legislation. bill has the bipartisan support of 52 co- on the reauthorization of the Ryan

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H432 CONGRESSIONAL RECORD — HOUSE February 9, 2005 White CARE Act. Down through the were born to African American moth- catastrophic. Pediatric AIDS cases will years, this act has provided the pri- ers. continue to soar. We cannot ignore the mary source for HIV/AIDS treatment Behind each statistic, of course, is a reality of this situation any more. and prevention. We need to ensure that real human being with family and Mr. Speaker, we need a comprehen- these funds will continue to be avail- friends who care about them. So we are sive solution. Now, I commend Presi- able to meet the needs of those who are here today for all of them, but we are dent Bush for mentioning this in his affected by this disease. also here to raise awareness among de- State of the Union speech, but it is not Mr. Speaker, I urge my colleagues to cision-makers in Congress and in the enough for the President to talk about support this bill and to remember, administration. AIDS in the State of the Union. We more funding will save many more Many of my colleagues and I quite have to follow through, and he has to lives and stop the spread of AIDS. frankly were outraged last year during follow through with the funding to Mr. Speaker, I reserve the balance of the Vice Presidential debates when combat it. The budget which the Presi- my time. Gwen Ifill asked both candidates to dent submitted included a $10 million Mr. DEAL of Georgia. Mr. Speaker, I comment on the fact that black women increase for the Ryan White CARE Act am pleased to yield 2 minutes to the between the ages of 25 and 44 are 13 next year, but this will not really cut gentleman from Texas (Mr. BURGESS), times more likely to die of AIDS than it. We need a realistic level of funding my colleague. their counterparts and both candidates that meets the need and provides at Mr. BURGESS. Mr. Speaker, I want were really quite frankly unaware of least $513 million more, a realistic to thank the gentleman for bringing this. level of funding. this legislation before us today, and let So, Mr. Speaker, today I want to say Let me just say in conclusion that we me just say that I agree with the gen- it loud and clear so there is no mis- need a comprehensive approach that tleman from New York (Mr. TOWNS), understanding. AIDS is a public health embraces abstinence, A; being faithful, that we need to be sure that people are emergency for African Americans. The B; and if you do not do either, use a educated, tested, and treated because, Congressional Black Caucus was out condom. That is ABC. We have to stop certainly, no other area of AIDS treat- front of this epidemic 6 years ago when the misguided ideological attack on ment has seen the success of pre- we worked with the Clinton adminis- prevention methods that work and that venting the transmission of AIDS from tration to create the Minority AIDS have been proven to work. An absti- a mother to a newborn if that mother Initiative, and I want to recognize and nence-only approach will not work. is tested, identified, and treated during thank our colleague, the gentlewoman Again, it is abstain, it is be faithful, and if you do not do either, you use a her pregnancy. from California (Ms. WATERS), for her Mr. TOWNS. Mr. Speaker, I yield 6 passionate and dedicated work as condom. This is not an ideological issue. We minutes to the distinguished gentle- chairman of the CBC then in putting all have constituents affected by this woman from California (Ms. LEE). together the Minority AIDS Initiative disease. So let us come together and Ms. LEE. Mr. Speaker, let me thank in 1998. the gentleman for his leadership and support a comprehensive response. his assistance and his commitment to b 1130 Again, this is about life and death. We addressing this pandemic and also for She convened a national meeting cannot keep our heads in the sand. yielding me the time. here in Washington, D.C., and sounded Mr. Speaker, I want to thank Chairman BAR- Also, let me just thank the gen- the clarion call for all of us. Out of TON and Ranking Member DINGELL of the En- ergy and Commerce Committee and their tleman from Georgia (Mr. DEAL). I that effort, we declared in my district would like to thank the gentleman 6 years ago, as it relates to African staffs for helping me bring this bill to the floor today. And I also want to thank the leadership from Texas (Chairman BARTON) and the Americans, a state of emergency. gentleman from Michigan (Ranking Nationally, African American women staff for their help. Mr. Speaker, two days ago, on February Member DINGELL) of the Committee on are increasingly becoming more in- 7th, we commemorated the 5th National Black Energy and Commerce and also their fected. Let us be for real. There has HIV/AIDS Awareness Day—a day when we staffs for helping us bring this bill to been a lot of discussion about many urged African Americans and all Americans to the floor today. facts and a lot of individuals and com- ‘‘Get Educated, Get Involved, and Get Test- I want to especially thank our lead- munities really heap a lot of blame on ed’’. National Black HIV/AIDS Awareness Day ership staff and Christos Tsentas of my men who are considered on the ‘‘down was created in 2001 by a coalition of five na- office, who worked day and night to low.’’ Now, this is defined as men who tional non-profit organizations to raise aware- lead secret double lives having sex with make sure that the resolution became ness about the growing HIV/AIDS epidemic other men on the side. Some people a bipartisan resolution. among the African-American community. Mr. Speaker, 2 days ago, on February feel that the down low is contributing The numbers are startling, Mr. Speaker. 7, we commemorated the fifth National to these statistics. But the truth is, we Over 42 percent of all people living with HIV/ Black HIV/AIDS Awareness Day, a day just do not know. AIDS are African American, even though we when we urged African Americans and We have to be honest with each only represent only about 13 percent of the all Americans to get educated, to get other. This is not new. But we must population. That’s about 172,000 people. Each involved, and get tested. National break the silence, for if we do not, the year, African Americans make up over half of Black HIV/AIDS Awareness Day was disease will continue to spread. We all new HIV/AIDS cases diagnoses in the U.S. created in 2001 by a coalition of five na- must respect each other’s individual In 2003, 67 percent of all women diagnosed tional nonprofit organizations to raise personal views, but this is a public with AIDS were African American. And 69 per- awareness about the growing HIV/AIDS health issue that requires a frank and cent of all pediatric AIDS cases were born to epidemic among the African American open discussion about sex and sexu- African American mothers. community. ality. We insist that leaders in Africa Behind each statistic is a real human being, The numbers are startling, Mr. speak up frankly to discuss the pan- with family and friends who care about them. Speaker. Over 42 percent of all people demic on the continent. We applaud So we are here today for all of them. But we living with HIV and AIDS are African President Museveni. We must demand are also here to raise awareness among deci- American, even though, as my col- our leadership on all levels break the sion-makers in Congress and the Administra- league from New York pointed out, we silence. It is about life and death, not tion. only represent about 13 percent of the about personal views of morality. Many of my colleagues and I were outraged population. That is about 172,000 peo- The HIV/AIDS rate in our prisons is last year during the Vice Presidential debates ple. 10 times higher than in the general when Gwen Ifill asked both candidates to Each year, African Americans make public. Ten times. And most of those comment on the fact that black women be- up over half of all new HIV/AIDS cases incarcerated are African Americans tween the ages of 25 and 44 are 13 times diagnosed in the United States. In 2003, and Latinos. What happens when over more likely to die of AIDS than their counter- 67 percent of all women diagnosed with 70 percent of them return to their com- parts and both were unaware of this. So, Mr. AIDS were African American and 69 munities next year? Talk about a pub- Speaker, today I want say it loud and clear so percent of all pediatric AIDS cases lic health disaster. This is going to be there is no misunderstanding.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H433 AIDS is a public health emergency for Afri- constituents that are affected by this disease. a phenomenon called ‘‘concurrence.’’ can Americans. Let’s come together to support a comprehen- Until we can get at that issue appro- The Congressional Black Caucus was out in sive response. Again, this is about life or priately, we are not going to really de- front of this epidemic six years ago, when we death. We cannot keep our heads in the sand. feat this challenge. worked with the Clinton Administration to cre- Mr. DEAL of Georgia. Mr. Speaker, I I was very glad that the gentle- ate the Minority AIDS Initiative. And I want to am pleased to yield 5 minutes to the woman mentioned ABC. There is too recognize and thank my colleague, Rep. MAX- gentleman from Florida (Mr. WELDON). much of an emphasis on the C and not INE WATERS, for her passionate and dedicated Mr. WELDON of Florida. Mr. Speak- enough on the A and the B, and I en- work as Chair of the CBC in putting together er, I thank the gentleman from Georgia courage all of my colleagues to look at the Minority AIDS Initiative in 1998. She con- for yielding me this time and providing what happened in Uganda in the 1980s, vened a national meeting here in Washington, me the opportunity to speak on this the late 1980s and the early 1990s. They DC and sounded the clarion call for all of us. important issue. I want to commend lowered their AIDS rate from 17 per- Out of that effort, we declared a State of the gentlewoman from California for cent, 16 percent, down to about 5 or 6 Emergency in my district six years ago, as it her leadership in this arena. percent with no condoms being shipped relates to the African American community, As I have spoken about many times in from Europe and other places. No because in Alameda County, our statistics are on the floor of the House, prior to help from the United States, Europe, or nearly identical to the national averages. being elected to the Congress, I used to NATO. The Ugandans did it on their Nationally, African American women are be- take care of AIDS patients; and I and own. And what was it? It was A, B, C, coming increasingly infected. Most of these my colleagues in the field began to see with an emphasis on abstinence. women get infected through heterosexual con- in the 1980s the very disturbing trend The statistics from this we should tact, while most African American men get HIV lines in the black community; and in- never discount. People are smarter from sex with other men. That is a fact. So deed now, today, those trend lines con- than a lot of the experts give them let’s be for real. tinue going up and up and up, and we credit for. You give them the facts, There’s been a lot of discussion about these have a very significant crisis. they can change their behavior. Faith- facts, and a lot of blame heaped on men who The President asked me several years fulness in marriage and abstinence edu- are on the ‘‘down low’’, defined as men who ago to assist him in getting his African cation had a profound impact in Ugan- lead secret double lives having sex with other AIDS initiative through the House and da. We need to stress that throughout men on the side. Some people feel that the getting it enacted into law, and I was the African continent; and most impor- down low is contributing to these statistics, but very pleased to be able to help in that tantly, our pastors in the black com- the truth is we just don’t know. But let’s be arena. I had the opportunity to go to munities need to start getting that out honest with each other. This is not new. But Africa twice in 2003 to actually look at to their congregations and public we must break the silence, for if we don’t, this what was going on in Africa, what was health officials. disease will continue to spread. working and what was not working. I believe we can turn this challenge We must respect each other’s personal Since that time, I have met with around. I commend the gentlewoman views, but this is a public health issue that re- many of the black ministers in my con- and the Black Caucus leadership on quires a frank and open discussion about sex gressional district. Florida has had a this issue. It is really a problem, and I and sexuality. We insist that leaders in Africa problem with AIDS literally from the think if we do more, we can get a lot of speak up frankly to address the pandemic on getgo. We were one of the States with good things done. the continent—we must demand that our lead- the higher prevalence rates. Close to I used to take care of these patients. ership on all fronts begin to break this silence. 95,000 people in Florida currently live It is very, very tragic; and I believe It is about life and death, not personal views with HIV or AIDS, which is about 10 or that the costs associated with this are of morality. Look at our prison system. 11 percent of the national total. The going to be huge in the years ahead. So The HIV rate in our prisons is ten times Miami-Dade, Palm Beach, and Broward if you are not motivated by compas- higher than in the general public. Most of County areas tend to be the most ad- sion, look at the dollars. We should all those incarcerated are African Americans and versely affected areas. African Ameri- be motivated, white, black, Democrat, Latinos. What happens when over 70 percent cans, Haitians, and other people from Republican, to get engaged on this and of them return to their communities next year? the Caribbean islands make up a dis- do something. Talk about a public health disaster—this will proportionately high number. It is Mr. TOWNS. Mr. Speaker, how much be catastrophic. Pediatric AIDS cases will con- roughly half of all HIV/AIDS cases, but time do we have left? tinue to soar. We can’t afford to ignore the re- they are only 14 percent of the popu- The SPEAKER pro tempore (Mr. alities of this situation any longer. lation. LATHAM). The gentleman from New Mr. Speaker, we need a comprehensive so- What is particularly disturbing, and I York has 91⁄2 minutes remaining. lution. I commend President Bush for men- think the gentlewoman from California Mr. TOWNS. Mr. Speaker, I yield 3 tioning this in his State of the Union Speech. touched on this, is that black women minutes to the gentleman from Illinois It’s not enough for the President to talk about are becoming disproportionately in- (Mr. RUSH). AIDS in the State of the Union Address, how- volved. Seventy-two percent of both (Mr. RUSH asked and was given per- ever—he’s got to follow through with funding HIV and AIDS cases in Florida’s black mission to revise and extend his re- to combat it. The Budget which the President community involve women. So this is a marks.) submitted includes a $10 million increase for disproportionately large number of Mr. RUSH. Mr. Speaker, first of all I the Ryan White CARE Act next year. That black Americans and a disproportion- want to thank my friend, the gen- won’t cut it. We need a realistic level of fund- ately large number of women. tleman from New York (Mr. TOWNS), ing that meets the need, and provides at least It is estimated that one in 47 black for yielding me this time; and I want to $513 million more for Ryan White, for a total Floridians have HIV/AIDS compared to commend him for his many, many of $2.6 billion. And we need to rapidly in- one in 176 Hispanics and one in 346 years of outstanding leadership not crease funding for the Minority AIDS Initiative, whites. CDC reports that HIV/AIDS only on the issue of HIV/AIDS but on to at least $610 million this year. We cannot transmission among African American other issues that face the American accept another year of flat funding from this men is mostly due to men having sex people. Administration. with men, but among African Amer- I want to thank my colleague, the And as far as prevention is concerned, we ican women it is through heterosexual gentlewoman from California (Ms. need a comprehensive approach that em- contact. LEE), a person I have known for many braces the ABCs, Abstain, Be Faithful, use a Now, I can get into a lot of the med- years; and I commend her for her lead- Condom if you don’t do either. We’ve got to ical details here, but it is really not ership not only on this issue but on stop this misguided, ideological attack on pre- the appropriate environment, so I will many issues facing the American peo- vention methods that work, and that have just throw out that from an epidemio- ple. I want to thank her for intro- been proven to work. logic perspective, part of the problem ducing this fine piece of legislation, An Abstinence-only approach will not work in the black community is similar to this resolution supporting the goals of by itself. Again Abstain, Be Faithful—if you what was the problem in the gay com- the National Black HIV/AIDS Aware- don’t do either, use a Condom. We all have munity in the 1980s, and it is actually ness Day.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H434 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Mr. Speaker, if you take a look at on prevention, and we must focus on cated, Get Involved, Get Tested’’. I am proud the AIDS crisis today, you will find changing and altering lifestyles. to have joined individuals in my congressional some startling, disturbing, and, quite Mr. Speaker, America has within it district last year on Worlds AIDS Day and got frankly, unacceptable statistics. Even the resources to really deal with this tested. I am also very excited and pleased though African Americans only make issue; we just need the will. I commend that the AIDS Foundation of Chicago, AFC, in- up 12.3 percent of the population, they the gentlewoman from California for troduced its new Faith in Prevention initiative account for 3 percent of all AIDS cases her leadership and all of those who last year, which aims to include 12 churches since the epidemic began. Black women have pledged to do what they can. I and faith-based organizations to reduce the have been hit the hardest, absolutely also commend all of those individuals impact of HIV and AIDS on the health of Afri- the hardest, with 72 percent of all AIDS in my community. I have been publicly can-American men and women in Chicago. cases for women being African Amer- tested three times to help convince in- Each received a leadership grant to support ican. The worst statistic of all, how- dividuals to be tested, to do the things activities such as HIV outreach and education, ever, is that black Americans have the that are necessary. Churches are get- HIV prevention Ministries, support groups and worst survival rate among all racial ting more involved, as they should. We awareness events. and ethnic groups, with only a 55 per- must continue. Again, I support this legislation and thank cent survival rate after 9 years, com- Mr. Speaker, according to the 2000 Census, the gentlewoman from California for her dedi- pared with 64 percent survival rates for African Americans make up 12.3 percent of cation to HIV/AIDS and for bring this legisla- whites. the Nation’s population but account for 40 per- tion to the floor. But I remind our country— Mr. Speaker, these statistics illus- cent of the estimated AIDS cases diagnosed more needs to be done. since the epidemic began. Through science, trate in the starkest terms that racial b 1145 disparities continue to exist when it research, and medical advancements, there comes to HIV/AIDS. This is a crisis are better treatments, prevention efforts, and a Mr. DEAL of Georgia. Mr. Speaker, I within my community and it needs to decline in AIDS diagnoses and deaths, except reserve the balance of my time. be addressed, and it needs to be ad- for African Americans. Between 1999 and Mr. TOWNS. Mr. Speaker, I yield 3 dressed with urgency, and it needs to 2003, AIDS diagnoses among African-Ameri- minutes to the gentlewoman from the be addressed with speed. cans increased by 7 percent, compared to a 3 Virgin Islands (Mrs. CHRISTENSEN). Black Americans continue to suffer percent decline among White Americans. (Mrs. CHRISTENSEN asked and was from unequal access to quality health Deaths among African Americans remained given permission to revise and extend care. Moreover, it is vitally important fairly stable but declined by 18 percent among her remarks.) that black Americans undergo testing White Americans over this period. In 2003, 59 Mrs. CHRISTENSEN. Mr. Speaker, I for HIV in order to detect the virus children younger than 13 years of age in our thank the gentleman from New York early and to prevent its spread within country had a new AIDS diagnosis, 40 of the (Mr. TOWNS) for yielding me this time the community. 59 were African-American. Of the 90 infants and for his leadership on this impor- National Black HIV/AIDS Awareness reported as having HIV/AIDS in 2003, 62 of tant issue. Day is celebrating its fifth anniver- the 90 were African-American. I rise to support this resolution. sary, and I think it is a good public re- It is important Congress takes time to focus Monday of this week was National lations campaign to encourage exactly and support January 7th as National Black Black HIV and AIDS Awareness and In- this type of early testing and interven- HIV/AIDS Awareness Day, especially since formation Day. It is timely for us to tion. The gentlewoman from California the startling statistics continue. In 2002–2003, consider this resolution, but this can needs to be thanked again and again the HIV/AIDS rates for African-American fe- only be the beginning. and again for introducing this resolu- males were 19 times the rates for White fe- Today, African American women tion. I admire her courage and her males and 5 times the rate for Hispanic fe- have a 23 times greater AIDS rate than commitment and her compassion. males. Although African-American teens ages white women, and African American But, Mr. Speaker, we need more than 13–19 represent only 15 percent of the teen- men almost nine times greater rate of just talk and good will; we need action. agers in our Nation, they accounted for 65 AIDS than their white counterparts. It We need ABC, abstinence, faithfulness, percent of new AIDS cases reported among was my honor, along with the gentle- and condoms. Mr. Speaker, I hope that teens in 2002. woman from California (Ms. LEE), this this Congress will address this issue In Illinois and Chicago, we also continue to Monday to host the Howard University with resources and conviction. lose our African-American mothers, sisters National AIDS Education and Training Mr. DEAL of Georgia. Mr. Speaker, I and young people—the future generation—in- Center here on Capitol Hill for a brief- reserve the balance of my time. credibly more than any other group in Amer- ing on where we are in the epidemic Mr. TOWNS. Mr. Speaker, I yield 2 ican to AIDS. Approximately 66 percent of Illi- and the outstanding work they have minutes to the gentleman from Illinois nois women living with HIV are African-Amer- been able to do in providing technical (Mr. DAVIS). ican, while African Americans only make up assistance, training and support to cen- (Mr. DAVIS of Illinois asked and was 15 percent of the Illinois female population. In ters and providers around our country given permission to revise and extend Chicago, African-American women are 12 that serve minority populations with his remarks.) times that of White women and 4 times that of HIV and AIDS. Mr. DAVIS of Illinois. Mr. Speaker, I Hispanic women to have AIDS. In Illinois, Afri- It was great to hear and see the Mi- want to thank the gentleman for yield- can-Americans accounted for 58 percent of re- nority HIV/AIDS Initiative funding ing me this time. ported AIDS cases among teens ages 13 to doing exactly what it was intended to Mr. Speaker, we have heard statistic 19. do, build capacity in heavily affected after statistic. We have heard number Mr. Speaker, I stand here today rattling off communities and improve culturally after number. It is very clear that HIV/ statistic after statistic because HIV/AIDS is and linguistically concordant commu- AIDS is indeed an emergency situation plaguing and destroying African-American nity-driven services. in the African American community. It communities. Yet, I wonder how many of my Later on in the evening of Black is a real problem across the country in colleagues or how many Americans, including AIDS Day, I joined New York City all communities. The question that African-Americans, know how devastating and Council Speaker Gifford Miller and comes is: What do we really do about destructive this disease is on one population Councilman Al Vann in recognizing it? in our country. It leads to the questions, why several community activists for their I commend the President for men- is more not being done? Why has this not work. We also honored Debra Fraser tioning in his State of the Union ad- been considered a national public health Howze, the founder and president of the dress an additional focus on the issue. emergency? With more African-American National Black Leadership Commission I agree with my friend from Florida males in prison, more African-American fe- on AIDS, who chaired the day’s activi- who suggests that we need abstinence males living and dying with HIV/AIDS, what is ties nationally. Debra was also one of and education information, but we to happen to the African-American children the moving forces behind the creation really need a comprehensive approach and families? of the Minority HIV/AIDS Initiative, to the problem. We must have enough We all must get behind the National Black and we take this opportunity to recog- resources for treatment, we must focus HIV/AIDS Awareness Day slogan ‘‘Get Edu- nize her contribution.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H435 I also want to talk about some of the at least $610 million, while increasing Black HIV/AIDS Awareness Day. African threats that are increasing the risk of overall budget for the Ryan White Americans—particularly women—have been HIV and AIDS, especially in women. CARE Act to fully cover treatment and vulnerable to HIV and AIDS infections. The First are the cuts in the President’s eliminate waiting lists for Centers for Disease Control reported that Afri- budget in AIDS programs and all of antiretroviral drugs. We must increase can Americans accounted for about half of all health, but also the cuts in education, funding for the Ryan White CARE Act new HIV infections, although they represent housing, and economic opportunity by $513 million. just over 12 percent of the population. programs which will fuel the spread of We have a moral imperative to fight HIV/AIDS cases reported for African-Amer- this disease. AIDS. We have a moral imperative to ican women in the Houston area from 27 per- Second is the misguided decision on join with the African-American com- cent to 53 percent. National statistics show the the part of the department not to tar- munity in doing so. same trends. Data from the Center for Dis- get funding of the small initiative to Mr. DEAL of Georgia. Mr. Speaker, I ease Control reported that African-American the indigenous community and faith- reserve the balance of my time. women diagnosed with AIDS increased 53 based organizations in the most se- Mr. TOWNS. Mr. Speaker, I yield 2 percent to 67 percent as a fraction of all verely impacted communities of color. minutes to the gentlewoman from women diagnosed with AIDS from 1985 to We have to empower our communities Texas (Ms. JACKSON-LEE). 2002. CDC data from 2002 indicate for women (Ms. JACKSON-LEE of Texas asked to be able to effect change. diagnosed with AIDS, African-American and was given permission to revise and Third is the ideological intrusion women account for 50 cases per 100,000 pop- into good science and documented ef- extend her remarks.) Ms. JACKSON-LEE of Texas. Mr. ulation—nearly five times greater than for the fective preventive practices. My col- Speaker, I thank the gentleman for his next ethnic group most affected by AIDS. leagues, we cannot bury our heads in CDC data for the year 2002 for men diag- commitment to this issue, and I thank the sand and deny the effectiveness of nosed with AIDS show that African Americans as well the author, sponsor and leader have the highest instance of reported cases condoms for the sexually active, and on this issue in this Congress, the gen- neither can you insist that abstinence- with 111.9 cases per 100,000 population. The tlewoman from California (Ms. LEE). only programs be used when they ig- Sometimes the Lees are walking on Houston Department of Health and Human nore the reality of situations of the the same pathway, and I certainly ap- Services provided me with some local data for people who need to be protected and preciate the fact I have been able to HIV and AIDS. While the overall number of whose lives we need to save. walk with her on this avocation in rec- AIDS and HIV cases reported have remained So this resolution is important, and I ognizing the devastation of HIV/AIDS more or less constant—or even declined— want to join everyone in applauding as relates to the African-American from 1999 to 2003, there have been increases the gentlewoman from California (Ms. community; and I thank the gentle- over that time period for African Americans. LEE) for her leadership and her firm woman for allowing us to join her as The newest HIV and AIDS therapies have stance in not allowing the sense of the original cosponsors on this legislation. proven effective in controlling the progression resolution to be diluted, and all on this Mr. Speaker, let me indicate that al- of the disease. However we all know about side and the other side of the aisle who though we have heard from speakers the high cost of these miracle drugs, which supported her. But it can only be a be- all over the country, it needs to be said denies many African Americans their life sav- ginning; we have a lot more to do, and over and over again, this is not an iso- ing benefit. A recent report from the U.S. Cen- we will be calling on our colleagues to lated question dealing with HIV/AIDS. sus Bureau indicates that around 20 percent join us in doing what we must to win It is an epidemic. It is nationwide. It is of the Nation’s African Americans are unin- the war against this epidemic that has worldwide. sured. That same report indicated that the come to devastate so many commu- HIV/AIDS cases reported for African- poverty rate for African Americans was around nities of color, HIV and AIDS. American women in particular have 24 percent—higher than any other ethnic Mr. DEAL of Georgia. Mr. Speaker, I grown in numbers in the Houston area group identified in the study. ask unanimous consent to yield 3 min- from 27 percent to 53 percent. National One group that is helping address the avail- utes to the gentleman from New York statistics show the same trend. Data ability of HIV and AIDS treatments for the poor (Mr. TOWNS) and that he may control from the Centers for Disease Control is Dr. Joseph Gathe, one of Houston’s best- that time. reported that African-American women known AIDS doctors, and his colleagues. Dr. The SPEAKER pro tempore (Mr. diagnosed with AIDS increased 53 per- Gathe and his colleagues established the LATHAM). Is there objection to the recent to 67 percent as a fraction of all Donald R. Watkins Memorial Foundation in quest of the gentleman from Georgia? women diagnosed with AIDS from 1985 Houston in 1996—a tax exempt clinic devoted There was no objection. to 2002. CDC data for 2002 indicate Afri- to providing quality HIV and AID therapies to Mr. TOWNS. Mr. Speaker, I yield 1 can-American women diagnosed with the underserved and uninsured in the Houston minute to the gentleman from Ohio AIDS account for 50 cases per 100,000 area. On this National Black HIV/AIDS Aware- (Mr. KUCINICH). population, nearly five times greater ness Day we want to recognize and honor Mr. KUCINICH. Mr. Speaker, I want than the next ethnic group most af- people like Dr. Gathe and his co-workers who to join with my African American col- fected by AIDS. have devoted their professional lives to treat- leagues in asking and appealing to the I cite those numbers not to ignore ing underserved patients with HIV and AIDS. American people to understand that the plight of others impacted by HIV/ HIV and AIDS are communicable diseases HIV/AIDS is devastating to the Afri- AIDS, the Hispanic and Asian commu- and effective treatment of all infected patients can-American community. The Centers nities, African-American males, and is a national public health priority. I hope that for Disease Control and Prevention certainly as was indicated on this you will all join me in the continued support for have estimated that of all Americans floor, a lot of the transmission to Afri- facilities like the Donald R. Watkins Memorial living with HIV/AIDS, African Ameri- can-American women comes from het- Foundation and physicians like Dr. Gathe. cans represent 42 percent of those erosexual sex. But we realize this im- Mr. TOWNS. Mr. Speaker, I yield my- cases. The same is true in my State of pacts all populations, regardless of self the balance of my time. Ohio, but the rate for blacks in Cleve- one’s sexual orientation, and HIV/AIDS Mr. Speaker, I would just like to say land is even higher, 56 percent. is a disease of America. It is important that I really appreciate the work of the We have to attack the stigmatization to emphasize this day, to salute those gentlewoman from California (Ms. LEE) of the disease among African Ameri- who continue to focus on the question and all the other Members that worked cans. We must start by focusing on pre- of HIV/AIDS in our community. This on this, including the chairman of the vention, which is consistent with CDC resolution continues to tell cities to Subcommittee on Health, the gen- guidelines, emphasizing and identi- promote this. tleman from Georgia (Mr. DEAL), the fying HIV positives, and we must push Mr. Speaker, I conclude by saying ranking member of the Subcommittee for a comprehensive prevention policy that we ask for a national summit on on Health, the chairman of the full that includes condoms and does not ig- this issue. I join my colleagues in en- committee and of course the ranking nore science at the expense of ideology. suring that happens. member of the full committee and all We must commit to increasing fund- Mr. Speaker, I join my colleagues today to of the staff for all of the work they ing for the Minority AIDS Initiative to support H. Con. Res. 30 highlighting National have done.

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This is an area that we really need to plaud the efforts of Representative LEE from As a father, I know that talking with our chil- focus on. We need to work together on California in bringing this important resolution dren about their personal lives can be a dif- this issue to be able to see what we can to the floor. ficult and uncomfortable duty—but we have no do to bring it under control. It has Mr. Speaker, this day is unfortunately very choice. been said over and over again that this necessary. It deserves the attention of this Eight out of every ten American women and is a disease that can be dealt with. The Congress and our Nation because the face of children infected by the HIV virus since 1981 only thing we have to do is put some HIV/AIDS is changing. Since the onslaught of have been people of color—and one of the resources there and also work together. HIV in the early 80s, the face of HIV/AIDS has most cruel aspects of this plague is its pref- I think if we do that, we can bring this become increasingly more African-American erence for the young. horrible disease under control. and more female. It has become the second leading killer of I want to thank all of those who In fact, HIV/AIDS is the leading cause of young black women—and the current trends worked so hard to make us focus on death for African Americans between the ages offer no comfort. this because this is something that we of 25–44. Of the 40,000 new HIV infections reported cannot ignore. Some things you can ig- Also, while African Americans represent nationally during 1999–2000, fully one-half in- nore and they will go away. If we ig- only 12 percent of the population, we account volved young people under the age of 24. nore this, it is going to get bigger and for 49 percent of all reported cases of AIDS Three-quarters of those new victims have bigger and bigger. The time is now to reported among adults and adolescents and been young people who look like us. put the resources behind it and deal the AIDS diagnosis rate among African Ameri- When we confront these appalling facts, with it. cans was almost 11 times the rate among each of us who is a parent or grandparent is Mr. Speaker, I yield back the balance whites. faced with a difficult question. of my time. For African-American women the figures are What do we say to our young people that Mrs. JONES of Ohio. Mr. Speaker, I rise even more shocking as they account for 67 will help them protect themselves from this today to express my support for H. Con. Res. percent of all new HIV cases. Needless to say plague? 30, supporting the goals and ideals of National these figures are appalling and indicate we Dr. Ligia Peralta, Director of the Adolescent Black HIV/AIDS Awareness Day. need to face this pandemic with all due ur- AIDS Clinic at the University of Maryland The HIV/AIDS epidemic is not over. Accord- gency. School of Medicine, suggests that our private ing to the Centers for Disease Control and I think there are many things that we can do conversations with our children empower them Prevention, African-Americans make up 12 to help alleviate the problem, but there are two to take control of their own health. percent of the U.S. population, and account pressing items that come to mind: ‘‘For young women, in particular’’ she infor half of the new HIV cases reported in the First, each of us must be willing to have a forms us, ‘‘the greatest risk of contracting HIV/ United States. HIV/AIDS is devastating Black difficult conversation with people we love AIDS comes from an intimate relationship with people in Africa and America, and we must about protecting themselves from AIDS. Hav- someone she loves. Theoretically, she under- act now to turn this epidemic of our time ing these difficult conversations can save stands the risk of sexually-transmitted infec- around. lives. tion. Personally, though, she may not connect Overall, it is estimated that half of new HIV Second, we must work together to fight the that risk with her man.’’ infections occur among teenagers and young virus where it is having its most deadly impact. ‘‘If her young man is not an intravenous adults aged 25 years and younger. Numerous Federal dollars for HIV/AIDS prevention, diag- drug user,’’ Dr. Peralta continues, ‘‘a young studies suggest that African-American young nosis, and treatment should follow the epi- woman in love may think that she is safe from people represent the majority of these infec- demic and reach those who are most affected. HIV/AIDS. She doesn’t even think about the tions. Something must be done, and we must Needless to say, more Federal funding is possibility that he may have been infected by all do our part. needed to accomplish this goal. another woman, or by another man.’’ In the early 1980s, HIV/AIDS was primarily I applaud the President for mentioning this Therein lies their danger. In our private con- considered a gay white disease in the United HIV/AIDS problem during his State of the versations with our children about protecting States. Today, however, the HIV epidemic in- Union Address. themselves from HIV/AIDS, we should counsel fects and affects African-Americans more than However, the meager increase in the Bush abstinence. As a practical matter, however, it any other population. It’s not who you are, but budget for the Ryan White AIDS program at is wise to discuss all of their options, including what you do that puts you at risk for HIV/ $2.1 billion is a good start, but, sadly not condoms. AIDS. enough. That is why full funding for the Minor- With Federal help, local health departments African Americans suffer the ‘‘vast majority’’ ity Aids Initiative, spearheaded by MAXINE WA- now offer free, anonymous HIV/AIDS coun- of deaths from AIDS-related causes, according TERS and the Congressional Black Caucus in seling and testing. Sexually active young peo- to a Health and Human Services report. More 1998 is so important. ple should take advantage of that service— than half of the new HIV/AIDS diagnoses in 32 Mr. Speaker, in 1998, I received some local and insist that their partners do so as well. states between 2000 and 2003 were among criticism for speaking out about HIV/AIDS in Talking candidly with our children about inti- African-Americans, although African-Ameri- Baltimore. To this day, I occasionally am told mate matters can be difficult. cans represented only 13 percent of the popu- that highlighting the health crisis devastating It is those private conversations, however, lations of those States, according to the Cen- Baltimore’s African-American community rein- that will save the lives of those we love. Si- ters for Disease Control and Prevention’s Mor- forces negative stereotypes about African- lence about HIV/AIDS feeds the destroyer of bidity and Mortality Weekly report. Americans. lives. During the same period, 69 percent of Nationally, however, the Centers for Dis- Mr. MORAN of Virginia. Mr. Speaker, I rise women who tested HIV-positive were African- ease Control and Prevention inform us that in strong support of this measure, which sup- American, and the HIV/AIDS prevalence rate more than one-half of the adult American men ports the goals and ideals of National Black among African-American women is 18 times infected during the last 20 years have been HIV/AIDS Awareness Day, which was Feb- the rate among non-Hispanic white women. In people of color. ruary 7, 2005. This measure recognizes the addition, African-American men in 2003 had Remaining silent about a threat of such fifth anniversary of National Black HIV/AIDS the highest rate of new HIV/AIDS diagnoses magnitude would be an unthinkable moral Awareness Day and encourages the President than any other racial/ethnic group, about error. to emphasize the importance of addressing seven times the rate among white men and In the Congress, our public conversation the HIV/AIDS epidemic among the African- twice the rate among African-American about the adequacy of America’s response to American community, especially among Afri- women. AIDS will continue as long as Federal policy can-American women. Mr. Speaker, I rise to reiterate my support fails to adequately protect our health. The statistics on HIV/AIDS in the African- for H. Con. Res. 30, National Black HIV/AIDS We already know, however, that public pol- American community are alarming. Over Awareness Day. Something must be done, icy and Federal funds alone will not fully safe- 172,000 African-Americans are living with and we must all do our part. guard those we love. AIDS and this population represents 42 per- Mr. CUMMINGS. Mr. Speaker, today I rise In every household, church and school, cent of all cases in the United States. The to recognize National Black HIV/AIDS Aware- Americans must find the will to talk candidly Centers for Disease Control and Prevention ness Day. This is a day intended to raise with each other about protecting ourselves. also estimate that 69 percent of all children awareness and visibility of HIV/AIDS preven- No one else will value our lives more than born to HIV-infected mothers were African- tion efforts among African Americans. I ap- we do. American. On a whole, African-Americans

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It also highlights the postponed. percent of Hispanics, 64 percent of whites, need to build awareness and education f and 69 percent of Asian Pacific Islanders. among African-American communities as we RESIGNATION AS MEMBER OF Another goal of National Black HIV/AIDS work to reduce this dangerous disease among COMMITTEE ON VETERANS’ AF- Awareness Day is to encourage State and the families and communities across the Na- FAIRS local governments, including their public health tion. agencies, to recognize this day and to pub- As we acknowledge the awareness and The SPEAKER pro tempore laid be- licize its importance among their communities education efforts signified by National Black fore the House the following resigna- as well as to encourage individuals to undergo HIV/AIDS Awareness Day, I am committed to tion as a member of the Committee on testing for HIV. working with our community and national Veterans’ Affairs: At this time, I am particularly pleased to rec- groups as they focus on preventing this seri- HOUSE OF REPRESENTATIVES, Washington, DC, February 9, 2005. ognize the city of Alexandria and Wholistic ous disease and reducing the impact it has on Hon. DENNIS J. HASTERT, Family Agape Ministries Institute for hosting a individual communities and states, and on our House of Representatives, city of Alexandria Unified Outreach Event in entire Nation. Washington, DC. recognition of National Black HIV/AIDS Aware- Mr. LANTOS. Mr. Speaker, I rise in support DEAR SPEAKER HASTERT: I hereby resign ness Day. In the Commonwealth of Virginia, of H. Con. Res. 30, supporting the goals and from the Committee on Veterans’ Affairs to African-American females account for 76.5 ideals of National Black HIV/AIDS Awareness accept my appointment to the Committee on percent of the female cases and African-Amer- Day. HIV/AIDS is having a devastating affect Homeland Security. Also, I ask that you consider my request ican males account for 55.1 percent of the on the African American community. The sta- for a leave of absence from the VA Com- cases. On February 7, Mayor Bill Euille, on tistics given by the Center for Disease Control mittee. I have been privileged to serve as behalf of the Alexandria City Council, issued a and Prevention (CDC) are staggering. The Chairman of the Health Subcommittee and proclamation urging all citizens to take part in cold numbers reveal the stunning human cost hope to return to the Committee sometime activities and observances designed to in- of the disease. in the future. crease awareness and understanding of HIV/ While African Americans make up less than Thank you for giving me an opportunity to AIDS as a global challenge, to take part in 13 percent of the population in the United serve our nation as a member of the new, permanent Homeland Security Committee. I HIV/AIDS prevention activities and programs, States, they represent almost 40 percent of appreciate all of your support. and to join the local and global effort to pre- the diagnosed cases of AIDS since the epi- All the best, vent the further spread of HIV and AIDS. demic started. In 2003, African Americans ac- ROB SIMMONS, The Wholistic Family Agape Ministries Insti- counted for almost 50 percent of the estimated Member of Congress. tute and the city of Alexandria should be com- cases diagnosed. African American women The SPEAKER pro tempore (Mr. mended for their efforts to provide information are currently the most at risk of contracting LAHOOD). Without objection, the res- and support to the Alexandria community and HIV/AIDS. The rate of AIDS cases among ignation is accepted. help to lower the percentage of African-Amer- black women is 19 times higher than white There was no objection. ican individuals contracting HIV and AIDS. women and five times the infection rate of f Mr. ROGERS of Michigan. Mr. Speaker, Latinas. The infection rate among black men, today the House of Representatives will vote while lower, is no less troubling. In 2003, 44 PROVIDING FOR CONSIDERATION on House Concurrent Resolution 30 sup- percent of the AIDS cases diagnosed among OF H.R. 418, REAL ID ACT OF 2005 porting the goals and ideals of National Black men were African American males. Mr. SESSIONS. Mr. Speaker, by di- HIV/AIDS Awareness Day, which has been These numbers are painful to listen to and rection of the Committee on Rules, I observed in February the past 5 years. to read. The painful realities of this world do call up House Resolution 71 and ask for Last year, I brought together a number of not always make front-page news, but this its immediate consideration. African-American community leaders in Lan- issue must be addressed. We must join to- The Clerk read the resolution, as fol- sing, MI, with an expert on HIV/AIDS issues in gether in a bi-partisan, bi-cameral effort to lows: the Black community. That gathering brought eradicate this epidemic. H. RES. 71 to light the sad statistics on this disease I am pleased to join with my esteemed col- Resolved, That at any time after the adop- among African Americans across the Nation league Ms. LEE in this effort and commend her tion of this resolution the Speaker may, pur- and right in my own community. distinguished and dedicated leadership on this suant to clause 2(b) of rule XVIII, declare the The more than 172,000 African Americans issue. Mr. Speaker, thousands of African House resolved into the Committee of the Whole House on the state of the Union for living with AIDS in the United States rep- Americans are suffering from HIV/AIDS. On consideration of the bill (H.R. 418) to estab- resents about 42 percent of cases in the Na- this day, National Black HIV/AIDS Awareness lish and rapidly implement regulations for tion. and Information Day, we must make a con- State driver’s license and identification doc- Estimates put the Michigan HIV-infected certed effort to ensure that education, aware- ument security standards, to prevent terror- population at more than 16,000, with African- ness and prevention are a priority in the 109th ists from abusing the asylum laws of the American men, at 44 percent, and African- Congress. United States, to unify terrorism-related American women, at 20 percent, outnum- Mr. DEAL of Georgia. Mr. Speaker, I grounds for inadmissibility and removal, and bering two-to-one all cases in white men—25 thank the gentleman from New York to ensure expeditious construction of the San Diego border fence. The first reading of percent—and women—5 percent—and those (Mr. TOWNS) for his handling of the res- the bill shall be dispensed with. All points of of other ethnicity. Ingham County in the Eighth olution on the floor today. I urge adop- order against consideration of the bill are Congressional District is among the 15 Michi- tion of this resolution, and I yield back waived. General debate shall be confined to gan counties that account for 84 percent of all the balance of my time. the bill and shall not exceed one hour and 40 cases of HIV/AIDS in the State. The SPEAKER pro tempore. The minutes, with 40 minutes equally divided and Across the Nation, in 2003, African Ameri- question is on the motion offered by controlled by the chairman and ranking mi- cans accounted for half of all new HIV infec- the gentleman from Georgia (Mr. nority member of the Committee on the Ju- tions, even though they make up only slightly DEAL) that the House suspend the rules diciary; 40 minutes equally divided and con- over 12 percent of the Nation’s entire popu- and agree to the resolution, H. Res. 30, trolled by the chairman and ranking minority member of the Committee on Govern- lation. The U.S. Centers for Disease Control as amended. ment Reform; and 20 minutes equally divided tell us that African-American women account The question was taken. and controlled by the chairman and ranking for 67 percent of all new AIDS cases among The SPEAKER pro tempore. In the minority member of the Committee on women, and AIDS is one of the top three lead- opinion of the Chair, two-thirds of Homeland Security. After general debate the ing causes of death among African-American those present have voted in the affirm- Committee of the Whole shall rise without women ages 35 through 44. ative. motion. No further consideration of the bill Among African-American men, AIDS also Mr. TOWNS. Mr. Speaker, on that I shall be in order except pursuant to a subse- falls in the top three of causes of death among demand the yeas and nays. quent order of the House. those ages 25 through 54. The yeas and nays were ordered. POINT OF ORDER Today’s vote highlights the need to support The SPEAKER pro tempore. Pursu- Ms. JACKSON-LEE of Texas. Mr. the goals and ideals of National Black HIV/ ant to clause 8 of rule XX and the Speaker, I raise a point of order.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H438 CONGRESSIONAL RECORD — HOUSE February 9, 2005 The SPEAKER pro tempore. The gen- which CBO estimates will cost an addi- up for the rights of their home States’ tlewoman will state her point of order. tional $80 million over 3 years. In addi- legislature, Governor, and local gov- Ms. JACKSON-LEE of Texas. Mr. tion, by necessary implication, the bill ernments, along with the people of the Speaker, pursuant to section 426 of the would require States to develop new United States. Congressional Budget Act of 1974, I standards for the issuance of birth and Mr. Speaker, I reserve the balance of make a point of order against consider- death certificates which CBO has esti- my time. ation of the rule, H. Res. 71. mated would cost States $460 million Mr. SESSIONS. Mr. Speaker, I yield Line 10 on page 2 of H. Res. 71 states, over the next 5 years. There is over- myself such time as I may consume. ‘‘All points of order against consider- whelming evidence before us today I will perhaps apologize to the gentle- ation of the bill are waived.’’ The rule that this bill, which has bypassed the woman from Texas. I had thought that makes in order H.R. 418, the REAL ID committee process, denies Members the minority was well equipped to have Act of 2005, which contains a large un- the opportunity to hear expert testi- a document which I will enter into the mony on the impact of these sweeping funded mandate on State governments RECORD from the Congressional Budget changes or to determine alternatives to in violation of section 425 of the Budget Office, a cost estimate dated February ensure that all of us are on the same Act. Section 426 of the Budget Act spe- 7, 2005, concerning H.R. 418, the REAL cifically states that the Rules Com- page in the war against terrorism. The opportunity to determine ID Act of 2005, which is a summary of mittee may not waive section 425, and the issues that the gentlewoman from therefore this rule violates section 426. changes to current law or to offer amendments to the proposed legisla- Texas is bringing up. The SPEAKER pro tempore. The gen- The information that the gentle- tlewoman from Texas makes a point of tion was not given to us, and it will impose overwhelming costs on State gov- woman is referencing is addressed order that the resolution violates sec- within this document by the CBO. If I tion 426(a) of the Congressional Budget ernments already struggling to meet the growing costs of local law enforce- could, I would like to summarize for Act of 1974. the gentlewoman, pending such time as In accordance with section 426(b)(2) ment’s role in securing the homeland. Even further, this bill was drafted we get her a copy of this, and I apolo- of the Act, the gentlewoman has met without any input from the Governors gize that evidently one has not been the threshold burden to identify the and State legislatures and even ex- provided to her. And I quote: ‘‘As a re- specific language in the resolution on cludes the States from the standard- sult, the additional costs that would be which the point of order is predicated. setting process despite States’ historic imposed by H.R. 418, the REAL ID Act Under section 426(b)(4) of the Act, the roles as the issuers of driver’s licenses of 2005, would not exceed the annual gentlewoman from Texas (Ms. JACK- and other identification data. We must threshold established in the Unfunded SON-LEE) and the gentleman from be in partnership with our States if we Mandates Act, $62 million in 2005,’’ Texas (Mr. SESSIONS) each will control are going to have a real war against which is the annual adjustment rate 10 minutes of debate on the question of terror in the United States. for inflation. This bill authorized ap- consideration. For these reasons, the Nationals Gov- propriations for grants to States and Pursuant to consideration 426(b)(3) of ernors Association, as I indicated; the appropriations would be under that the Act, after that debate, the Chair American Association of Motor Vehicle amount. And I would be pleased to will put the question of consideration, Administrators; and the National Con- make sure that the gentlewoman has to wit: ‘‘Will the House now consider ference of State Legislatures all that at this time. the resolution?’’ strongly oppose this legislation in its CONGRESSIONAL BUDGET OFFICE COST ESTIMATE The Chair recognizes the gentle- present form. In a letter issued yester- H.R. 418—REAL ID Act of 2005 woman from Texas (Ms. JACKSON-LEE). day, the National Governors Associa- 1200 tion, American Association of Motor Summary: H.R. 418 would authorize the ap- b propriation of such sums as necessary for fis- Vehicle Administrators say that they Ms. JACKSON-LEE of Texas. Mr. cal years 2005 through 2009 for the Depart- Speaker, I yield myself such time as I are in opposition to the driver’s license ment of Homeland Security (DHS) to make may consume. provision in both H.R. 418 and H.R. 368, grants to states to cover the costs of improv- Section 425 of the Budget Act states stating the costs of implementing such ing the security of driver’s licenses as re- standards and verification procedures quired by the bill. The legislation also would that a point of order lies against legis- for the 220 million driver’s licenses by make changes to current immigration law lation which imposes an underfunded States represents a massive unfunded that aim to prevent the entry of suspected mandate against State or local govern- mandate. This does not say that in a terrorists into the United States. CBO esti- ments more than 62 million per year bipartisan manner reasoned out mates that implementing H.R. 418 would cost over 5 years. At the very least, Mr. about $100 million over the 2005–2010 period, through committee process done very Speaker, we have before us today an assuming appropriation of the necessary quickly that some addressing of this unfunded mandate that will cost State amounts. Enacting the bill would not affect question cannot be properly answered. direct spending or receipts. governments between $660 million and The National Conference of State $780 million over the next 5 years H.R. 418 contains several intergovern- Legislatures also has voiced strong op- mental mandates as defined in the Unfunded alone. It has come to my attention position, stating that NCSL is opposed Mandates Reform Act (UMRA). CBO esti- that the National Governors Associa- to any further Federal attempts inmates that those mandates would impose in- tion is opposed to this legislation for cluding coercion or direct preemption cremental costs on state, local, and some that very fact. to usurp State authority over the driv- tribal governments above what they will Specifically, subparagraphs b, c, d, er’s license process or diminish the va- likely spend under current law. CBO esti- and e of section 202 of H.R. 418 requires lidity or usefulness of licenses awarded mates that costs to those governments will State governments to comply with new total more than $100 million over the 2005– at the State level. NCSL urges the Fed- 2009 period under current law. By compari- Federal driver’s license requirements eral Government to respect the provi- and to verify and store additional person, we estimate that such costs would total sions and intent of the Unfunded Man- about $120 million (over the 2006–2010 period) sonal identification records, which the dates Reform Act of 1995. under H.R. 418. As a result, the additional Congressional Budget Office, CBO, in What we have here today is an as- costs that would be imposed by H.R. 418 its latest estimate projects to cost $120 sault on federalism in the legislative would not exceed the annual threshold estab- million over the next 5 years, but last process. The point of order is not about lished in UMRA ($62 million in 2005, adjusted estimated costs States $240 million whether one agrees or disagree with annually for inflation). The bill would au- over 5 years. There have been no sub- the sweeping policy changes of the thorize appropriations for grants to states to cover their costs. stantive changes since last year’s to REAL ID Act. This point of order is imply that this bill would not cost the This bill contains no new private-sector about the farce before us that has mandates as defined in UMRA. States at least $240 million as esti- trampled States’ rights and inflated Estimated cost to the Federal Govern- mated by the last Congress. the burden on our local governments ment: The estimated budgetary impact of The above sections also require without their input. H.R. 418 is shown in the following table. The States to participate in an interstate I urge Members to vote ‘‘no’’ on con- costs of this legislation fall within budget database to share driver information, sideration of the resolution and stand function 750 (administration of justice).

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By fiscal year, in millions of dollars— about three miles of this barrier have been costly to implement than the requirements completed. Since February 2004, completion of this bill. 2005 2006 2007 2008 2009 2010 of the barrier has been delayed because of en- In contrast, the provisions of H.R. 418 are CHANGES IN SPENDING SUBJECT TO APPROPRIATION vironmental conflicts with the Coastal Zone more specific and likely would go beyond Estimated Authoriza- Management Act (CZMA). H.R. 418 would what will be required under current law. Spe- tion Level ...... 0 40 25 25 5 5 permit DHS to waive this act and any other cifically, state-licensing agencies would be Estimated Outlays ..... 0 40 25 25 5 5 laws as necessary to complete construction required to verify with the issuing agency of the barrier. (many that charge a fee for such Basis of estimate: The Intelligence Reform DHS estimates that it has spent about $30 verifications) each document presented as and Terrorism Prevention Act of 2004 (Pub. million thus far on the barrier and that it proof of identification, residency, and citi- L. 108–458) authorized the appropriation of will cost an additional $32 million to com- zenship status. Those state agencies also such sums as necessary for fiscal years 2005 plete the project. The agency has less than $2 would have to upgrade computer systems to through 2009 for the Department of Transpor- million in unspent funds, which are cur- verify documents and to digitize and store tation to make grants to states to cover the rently being used to identify acceptable al- electronic copies of all source documents. Fi- costs of improving the security of driver’s li- ternative plans to complete the barrier. In nally, certain states that do not currently censes as required by that act. H.R. 418 addition, the CZMA already enables the require background checks for certain em- would repeal those provisions of Public Law President under certain circumstances to ployees would face additional costs to com- 108–458, shift the responsibility of admin- waive laws as necessary to complete projects plete those checks. istering this program from the Department deemed of paramount interest to the United CBO estimates that these additional re- of Transportation to DHS, and require state States. quirements in H.R. 418 would impose costs and local governments to comply with more Other provisions above those that will be imposed by the man- stringent provisions than under current law. dates in current law. The incremental addi- H.R. 418 would authorize the appropriation of Finally, CBO estimates that the bill’s pro- tional costs, however, are unlikely, by them- such sums as necessary for fiscal years 2005 visions, designed to prevent the entry of sus- selves, to exceed the annual threshold estab- through 2009 for DHS to make grants to pected terrorists into the United States, lished in UMRA in any one year. states to cover the costs of complying with would have no significant costs because the bill’s provisions. similar screening procedures already exist. Mandates with no significant additional costs Estimated impact on state, local, and trib- Requirements for driver’s licenses and identi- The bill also contains several other inter- al governments: Procedures for processing governmental mandates. CBO expects, how- fication cards and issuing driver’s licenses and identifica- Public Law 108–458 created federal stand- ever, that these requirements would prob- tion cards under current law are in the proc- ably not impose significant additional costs ards for issuing driver’s licenses and identi- ess of changing due to federal legislation en- fication cards and also imposed intergovern- on state, local, or tribal governments. Spe- acted in December 2004. The Intelligence Re- cifically, the bill would: mental mandates on state, local, and some form and Terrorism Prevention Act of 2004 tribal governments. That law, however, gave Authorize the Secretary of the Department created federal standards for states to follow of Homeland Security to waive any laws nec- broad authority to the Department of Trans- in issuing driver’s licenses and identification portation to negotiate the specific require- essary to complete construction of a phys- cards. CBO considers these standards to be ical barrier between the United States and ments of those standards. Based on informa- mandates because any driver’s licenses or tion from federal, state, and local agencies, Mexico near San Diego, California, and pro- identification cards issued after that time hibit any court from having jurisdiction to CBO assumes that the process for a nego- would be invalid for federal identification tiated rulemaking will give state and local hear claims or ordering relief for damage re- purposes unless they met those require- sulting from the waiver of such laws. This governments the opportunity to help shape ments. CBO estimates that those enacted federal standards; those standards are thus provision would preempt state authority. mandates will impose costs on state, local, Require states to implement training likely to be less costly to implement than and some tribal governments over the 2005– classes for employees to identify fraudulent the requirements of H.R. 418. 2009 period totaling more than $100 million In contrast, the provisions of H.R. 418 are documents; and require documents and sup- and will exceed the annual threshold estab- plies to be securely stored. According to more specific and likely would go beyond lished in UMRA ($62 million in 2005, adjusted what will be required under current law. Spe- state officials, it is likely that states cur- annually for inflation) in at least one of rently comply with those requirements. cifically, state-licensing agencies would be those years. Public Law 108–458 also author- required to verify the documents presented Prohibit states from accepting any foreign ized appropriations for grants to states to document, other than an official passport, as proof of identification, residency, and citi- cover such costs. zenship status. Many of the agencies that for identification purposes for the issuance New mandates with significant additional costs issue those documents charge a fee for of driver’s licenses. Currently, at least 10 verification services. Licensing agencies also H.R. 418 would repeal Public Law 108–458 states accept identification cards issued by would have to upgrade computer systems to and replace it with several new and more foreign governments, such as the ‘‘matricula verify documents and to digitize and store stringent intergovernmental mandates for consular’’ issued by Mexico. This prohibition electronic copies of all source documents. Fi- processing and issuing driver’s licenses and would preempt state authority. nally, some states that do not currently re- identification cards. Based on information Require states to resolve any discrepancies quire background checks for certain employ- from federal agency and state representa- that arise from verifying Social Security ees would face additional costs to complete tives, CBO estimates that those mandates numbers, though the language is unclear as those checks. would impose incremental costs on state, to what specific actions would be required. CBO estimates that these additional re- local, and some tribal governments above Currently, at least two states prohibit their quirements in H.R. 418 would impose costs what they will likely spend under current employees from enforcing immigration laws, above those incurred under current law. law. CBO estimates that costs to those gov- and many of those discrepancies may be re- Based on information from state representa- ernments will total more than $100 million lated to immigration. This requirement tives, CBO estimates that DHS would spend over the 2005–2009 period under current law. might preempt those state laws. about $20 million over the five-year period to By comparison, we estimate that such costs Require that driver’s licenses and identi- reimburse states for the cost of complying would total about $120 million (over the 2006– fication cards be valid for no more than with the legislation, subject to appropriation 2010 period) under H.R. 418. As a result, the eight years. Currently two states, Arizona of the necessary amounts. additional costs that would be imposed by and Colorado, are valid for longer than eight years. These provisions would preempt those Driver license agreement H.R. 418 would not exceed the annual threshold established in UMRA ($62 million in 2005, state laws and impose two to four years of In addition, H.R. 418 would require states adjusted annually for inflation). The bill additional staff costs to reissue the licenses to participate in the Driver License Agree- would authorize appropriations for grants to sooner than expected. Those costs would not ment, an interstate database to share driver states to cover their costs. be incurred until eight years after the bill is information that was not included in Public Public Law 108–458 created federal stand- enacted. In addition, four other states—Mon- Law 108–458. Based on information from the ards for issuing driver’s licenses and identi- tana, New Mexico, Oregon, and Wisconsin— Government Accountability Office and the fication cards and also imposed intergovern- issue driver’s licenses and identification American Association of Motor Vehicle Ad- mental mandates on state, local, and some cards that are valid for eight years. The bill ministrators, CBO estimates that it would tribal governments. That law, however, gave authorizes the Secretary to further limit the cost $80 million over three years to reim- broad authority to the Secretary of the De- validity of licenses and these states, as well burse states for the cost to establish and partment of Transportation to negotiate the as others, may be affected if the Secretary maintain the database. specific requirements of those standards. exercises such authority. This provision Barriers at U.S.-Mexico border Based on information from state and local would preempt state authority. The Illegal Immigration Reform and Immi- government representatives, CBO assumes Authorize the Secretary to prescribe the gration Responsibility Act provided for the that the process for a negotiated rulemaking design formats of driver’s licenses and iden- construction of a series of roads and fences will give state and local governments the op- tification cards to protect national security along the U.S.-Mexico border near San Diego portunity to help shape federal standards; and allow for clear visual differentiation be- to deter entry of illegal immigrants. All but those standards are thus likely to be less tween levels and categories of documents.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H440 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Such design has traditionally been deter- Mr. SESSIONS. Mr. Speaker, I yield told what the numbers would be. It was mined by states and under current law; any myself such time as I may consume. not under $62 million. In fact, it was $80 standards developed under the provisions of Mr. Speaker, I do appreciate and re- million every single year, making it Public Law 108–458 may not require a single spect the gentleman from Michigan’s design. This provision would preempt state $400 million of unfunded mandates. authority. joining with the gentlewoman from What has happened here is that in the Other impacts on state and local governments Texas in bringing this issue before the new report, our colleagues on the other In addition to the other requirements of House today. I would offer perhaps a side of the aisle have gotten the CBO the bill, states would be required to partici- different vision or view of the words to, in essence, underestimate, fudge the pate in the Driver License Agreement, an that the gentleman has spoken. I be- numbers by leaving out some of the interstate compact to share driver informa- lieve that the Republican majority did language in the bill, but the plan is to tion. Any costs to state governments would sponsor the legislation for the Un- still put on the backs and burdens of be incurred voluntarily as a condition of re- funded Mandates Act; however, I be- the local jurisdictions and State juris- ceiving federal assistance. lieve at the time that was done, there Estimated impact on the private sector: dictions the responsibility of the birth This bill contains no new private-sector was a general understanding that un- certificate document. So I beg to differ mandates as defined in UMRA. funded mandates would have a thresh- with my colleague, and I think that Estimate prepared by: Federal Costs: Mark old that was necessary to be met so our colleagues should, with their eyes Grabowicz; Impact on State, Local, and Trib- that we would have to appropriately open, vote on this question. al Governments: Melissa Merrell; and Impact understand those items when we would Mr. Speaker, I reserve the balance of on the Private Sector: Paige Piper/Bach. have an unfunded mandate that would Estimate approved by: Peter H. Fontaine, my time. Deputy Assistant Director for Budget Anal- be necessary for us to understand what Mr. SESSIONS. Mr. Speaker, I yield ysis. we were placing upon the States or mu- myself such time as I may consume. Mr. Speaker, I reserve the balance of nicipalities that we would not then ap- Mr. Speaker, the gentlewoman from my time. propriate money to. Texas has politely articulated some- Ms. JACKSON-LEE of Texas. Mr. The gentleman is at least correct thing that I believe is misguided and Speaker, I yield 3 minutes to the gen- that the Republican majority did intro- inappropriate. tleman from Michigan (Mr. CONYERS), duce this legislation and pass it. How- The Congressional Budget Office is a distinguished ranking member of the ever, the threshold that was estab- professional organization that assists full House Committee on the Judiciary. lished at that time, now as a result of the United States Congress in knowing Mr. CONYERS. Mr. Speaker, I thank inflation several years later, we are in a nonpartisan way those impacts of the gentlewoman from Texas for yield- aware of, and that is why we have made the laws that we pass, and I have re- ing me this time. sure to ask the question about what we spectfully made sure that the gentle- I would like to join in the point that are imposing on States for this very woman had a copy and had been ad- is being made by the gentlewoman important issue that is within the ju- vised that before she came to the floor, from Texas to remind all of our friends risdiction of these States, but as a re- evidently, the minority was in posses- that when Republicans took power in sult of the needs of this great Nation to sion of this new document of 2005. And 1994, they made a solemn promise to address driver’s license inconsistencies the Committee on Rules, in a meeting the States that they would make sure and the integrity behind those. that we had yesterday where we con- that there would be no imposition of We believe it is necessary. So for the sidered this legislation, had to under- unfunded mandates on those States, gentleman to bring this point of order stand the implications or some of the and today we have a chance to redeem with the gentlewoman from Texas, implications as it related to this act, that promise by voting ‘‘no’’ on consid- purely appropriate, I would remind all and we rely upon the current informa- eration of this rule, which waives the of my colleagues that we have ad- tion that has come from the Congres- unfunded mandate requirement. dressed this issue, that CBO has been sional Budget Office. The majority may, if they have not very clear that we do not reach those So I am very disappointed that my already, attempt to argue that it is a thresholds which would trigger this colleague has chosen to think that we minor mandate and show new and im- sort of point of order. So I would ask have placed pressure upon this profes- proved CBO estimates showing that the that my colleagues would pay atten- sional organization, that we have cost of this bill is only $125 million tion not only to this argument but to fudged the numbers; and I would say to over the next 5 years; and, therefore, I understand that we have not violated the gentlewoman from Texas that that, think this warrants at minimum com- any rule as it relates to the unfunded I believe, is not only an unfair accusa- mittee hearings in markups that has so mandate. tion to this Member but, more specifi- far been denied this Congress. Mr. Speaker, I reserve the balance of cally, to the Congressional Budget Of- So we are not asking a lot this after- my time. fice, which I believe is a professional noon. And I am impressed by the Gov- Ms. JACKSON-LEE of Texas. Mr. organization, delivers a product that ernors Association. Their letter points Speaker, I yield myself such time as I they put their name on and makes out that while they commend the gen- may consume. available to all who might read it. tleman from Michigan (Chairman SEN- I thank my colleague from Texas for b 1215 SENBRENNER) and the gentleman from his comments. I think I can start out Virginia (Mr. TOM DAVIS) for their by saying that we come from a State So I respectfully disagree with the commitment to driver’s license integ- that is very diligent and as well very gentlewoman, do not accept the char- rity, they find that those bills would astute on their Members of Congress acterization that she has given to this impose technological standards and supporting unfunded mandates to a Member or to the Congressional Budget verification procedures on States, burdened and already overworked Office, and would hope that the gentle- many of which are beyond the current State budget in a growing State that woman would find the time perhaps capacity of even the Federal Govern- would have added responsibilities with later in the day to bring this issue up ment. this enormous burden that this REAL upon full scrutiny of the documenta- Moreover, the cost of implementing ID bill would exercise against it. tion to recognize that, in fact, the pro- such standards and verification proce- Let me just say to the gentleman fessional conduct of the Congressional dures for the 220 million driver’s li- from Texas (Mr. SESSIONS), because I Budget Office was correct in their as- censes issued by the States represents know his commitment to fiscal respon- sertion. a massive unfunded mandate. So they sibility, let me refer him back to the Mr. Speaker, I reserve the balance of close by urging us to allow the provi- CBO report of 2004. We appreciate the my time. sions of the Intelligence Reform Act of CBO, but we know what happened; and Ms. JACKSON-LEE of Texas. Mr. 2004 to work. I think it is more important to know Speaker, I yield myself such time as I So I commend the gentlewoman from what the impact will be on the States may consume. Texas (Ms. JACKSON-LEE) for making on the basis of the National Governors Mr. Speaker, my good friend knows such a very timely and important point Association and State legislatures. In we all have the greatest respect for the of order, and I support her in it. 2004, on this very same bill, the CBO CBO, but the CBO analyzes what they

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H441 are given. I might invite my colleague committee process, denying Members the op- fice; and I would ask that they would to read the CBO estimate, which clear- portunity to hear expert testimony on the im- support our position, knowing that we ly states that this is going to cost pact of these sweeping changes to current law have fallen within the rules of the more than is indicated by this rule and or to offer amendments to the proposed legis- House. by the legislation. In fact, it is clear lation—will impose overwhelming costs on Mr. Speaker, as a result of this, I that in addition, by necessary implica- State governments already struggling to meet would simply say that our position is, tion, the bill would require States to the growing costs of local laws enforcement’s we value and hold and believe we are develop new standards for the issuance role in securing the homeland. well within the rules of the House of of birth and death certificates, which Even further, this bill was drafted without Representatives. CBO has estimated would cost States any input from Governors and State legisla- Mr. Speaker, I yield back the balance $460 billion over the next 5 years. tures and even excludes the States from the of my time. I would venture to say the standard-setting process despite States’ his- The SPEAKER pro tempore (Mr. competents of the CBO could be put on toric roles as issuers of driver’s licenses and LAHOOD). All time for debate has ex- the witness stand, and they would at- other identification data. For these reasons the pired. The question is, Shall the House test to the fact that this is what it was National Governors Association, American As- now consider the resolution? going to cost. So this is not in any way sociation of Motor Vehicle Administrators, and The question was taken; and the casting aspersions on their good work. the National Conferences of State Legislatures Speaker pro tempore announced that It is what has been presented to them, all strongly oppose this legislation. the ayes appeared to have it. and they have analyzed it. It is not an In a letter issued yesterday the National Ms. JACKSON-LEE of Texas. Mr. accurate picture, what has been pre- Governors Association and the American As- Speaker, on that I demand the yeas sented to them this year, because they sociation of Motor Vehicle Administrators stat- and nays. documented that this is a more than ed their opposition to the drivers license provi- The yeas and nays were ordered. $450 million program. sions in both H.R. 418 and H.R. 368, stating: The vote was taken by electronic de- Mr. Speaker, this violates the rule, vice, and there were—yeas 228, nays and it violates the waiver where, in es- The cost of implementing such standards and verification procedures for the 220 mil- 191, not voting 14, as follows: sence, the Republicans indicated in lion driver’s licenses by states represent a [Roll No. 23] their early beginnings in the majority massive unfunded mandate that they would not allow unfunded YEAS—228 The National Conference of State Legisla- mandates to go forward on this floor. I Aderholt Ferguson Linder tures also has voiced its strong opposition, joined them in that. Akin Fitzpatrick (PA) LoBiondo stating that: Alexander Flake Lucas I ask my colleagues to support this Bachus Foley Lungren, Daniel point of order, so we stand here united NCSL is opposed to any further federal at- Baker Forbes E. in a bipartisan way not to support an tempts including coersion or direct preemp- Barrett (SC) Fortenberry Mack tion, to usurp state authority over the driv- unfunded mandate. Bartlett (MD) Fossella Manzullo er’s license process or diminish the validity Barton (TX) Foxx Marchant The actual merits of the bill, Mr. or usefulness of licenses awarded at the state Bass Franks (AZ) McCaul (TX) Speaker, can be discussed, as my col- level. NCSL urges the federal government to Beauprez Frelinghuysen McCotter league has said, later on during the respect the provisions and intent of the Un- Biggert Gallegly McCrery day. We are discussing at this moment Bilirakis Garrett (NJ) McHenry funded Mandates Reform Act of 1995. Bishop (UT) Gerlach McHugh the value of this bill. It is excessive. It What we have before us today is an assault Blackburn Gibbons McKeon is burdensome. It is an unfunded man- on federalism and the legislative process. This Blunt Gilchrest McMorris date, and it might hamper our war Boehlert Gillmor Mica point of order is not about whether you agree Boehner Gingrey Miller (FL) against terrorism and the protection of or disagree with the sweeping policy changes Bonilla Gohmert Miller (MI) our homeland. Let us try to do this in of the REAL ID Act. This point of order is Bonner Goode Miller, Gary a more effective way. about the farce before us that has trampled Bono Goodlatte Moran (KS) Mr. Speaker, I raise my point of Boozman Granger Murphy States’ rights and inflated the burden on our order, and ask my colleagues to sup- Boustany Graves Musgrave local governments. I urge members to vote Bradley (NH) Green (WI) Myrick port it. ‘‘no’’ on consideration of the resolution and Brady (TX) Gutknecht Neugebauer Section 425 of the Budget Act states that a Brown (SC) Hall Ney stand up for the rights of your home States’ point of order lies against legislation which im- Brown-Waite, Harris Northup legislatures, Governors and local govern- Ginny Hart Nunes poses an unfunded mandate against State or Burgess Hastings (WA) Nussle local governments more than $62 million per ments. Mr. SESSIONS. Mr. Speaker, I yield Burton (IN) Hayes Osborne year over 5 years. At the very least we have Buyer Hayworth Otter myself such time as I may consume. before us today an unfunded mandate that will Calvert Hefley Oxley Camp Hensarling Paul cost State governments between $660 million Mr. Speaker, we have had an opportunity to hear from the gentlewoman Cannon Herger Pearce and $780 million over the next 5 years alone. Cantor Hobson Peterson (PA) Specifically, subparagraphs (b), (c), (d), and from Texas about a document that is Capito Hoekstra Petri (e) of section 202 of H.R. 418 require State old, that contained the best estimate Carter Hostettler Pickering and work at the time from the Con- Castle Hulshof Pitts governments to comply with new Federal driv- Chabot Hunter Platts er’s license requirements and to verify and gressional Budget Office. I have made Chocola Hyde Poe store additional personal identification records, available to the gentlewoman from Coble Inglis (SC) Pombo which the Congressional Budget Office, CBO, Texas and for each and every Member Cole (OK) Issa Porter of this body to see that the Congres- Conaway Istook Portman in its latest estimate, projects to cost States Cox Jenkins Price (GA) $120 million over the next 5 years, but last sional Budget Office has very clearly Crenshaw Jindal Pryce (OH) year estimated cost States $240 million over 5 talked about the costs that would be Cubin Johnson (CT) Putnam associated with what might be known Culberson Johnson (IL) Radanovich years. There have been no substantive Cunningham Johnson, Sam Ramstad changes since last year’s estimate to imply as an unfunded mandate. We believe, Davis (KY) Keller Regula that this bill would not cost the States at least and they have concurred from the Con- Davis (TN) Kelly Rehberg $240 million as estimated last Congress. gressional Budget Office that we are Davis, Jo Ann Kennedy (MN) Reichert well within budgetary amounts to Davis, Tom King (IA) Renzi The above sections also require States to Deal (GA) King (NY) Reynolds participate in an interstate database to share where we would not trigger this un- DeLay Kingston Rogers (AL) driver information, which CBO estimates will funded mandate clause. Dent Kirk Rogers (KY) cost an additional $80 million over 3 years. In I think it is important that we do Diaz-Balart, L. Kline Rogers (MI) Diaz-Balart, M. Knollenberg Rohrabacher addition, by necessary implication, the bill have this law. I am glad we have de- Doolittle Kolbe Ros-Lehtinen would require states to develop new standards bates over how much burden we are Drake Kuhl (NY) Royce for the issuance of birth and death certificates, placing upon States or municipalities, Dreier LaHood Ryan (WI) but in this case, I would urge my col- Duncan Latham Ryun (KS) which CBO has estimated would cost States Ehlers LaTourette Saxton $460 million over the next 5 years. leagues to understand that we have the Emerson Leach Schwarz (MI) There is overwhelming evidence before us official document that is as of yester- English (PA) Lewis (CA) Sensenbrenner today that this bill—which has bypassed the day by the Congressional Budget Of- Everett Lewis (KY) Sessions

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H442 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Shadegg Sullivan Wamp Mrs. MUSGRAVE changed her vote that the rule of law is respected by Shaw Sweeney Weldon (FL) from ‘‘nay’’ to ‘‘yea.’’ those who come to our Nation. Shays Tancredo Weldon (PA) Sherwood Taylor (NC) Weller So the question of consideration was The narrowly constructed legislation Shimkus Terry Westmoreland decided in the affirmative. by the gentleman from Wisconsin (Mr. Shuster Thomas Whitfield The result of the vote was announced SENSENBRENNER) accomplishes this Simmons Thornberry Wicker as above recorded. goal by focusing on four common-sense Simpson Tiahrt Wilson (NM) Smith (NJ) Tiberi A motion to reconsider was laid on areas: implementing much-needed driv- Wilson (SC) Smith (TX) Turner Wolf the table. er’s license reform, closing the asylum Sodrel Upton Young (AK) Stated against: loopholes, defending our borders, and Souder Walden (OR) Stearns Walsh Young (FL) Mr. SCHIFF. Mr. Speaker, on rollcall No. 23, strengthening our deportation laws. had I been present, I would have voted ‘‘nay.’’ Implementing the driver’s license re- NAYS—191 The SPEAKER pro tempore (Mr. forms included in H.R. 418 will provide Abercrombie Green, Gene Napolitano LAHOOD). The gentleman from Texas greater security for the American peo- Ackerman Grijalva Neal (MA) (Mr. SESSIONS) is recognized for 1 hour. Allen Gutierrez Oberstar ple because lax standards and loopholes Andrews Harman Olver Mr. SESSIONS. Mr. Speaker, for the in the various current State issuance Baca Hastings (FL) Ortiz purposes of debate only, I yield the cus- processes allow terrorists to obtain a Baird Herseth Owens tomary 30 minutes to the gentleman driver’s license, often multiple drivers’ Baldwin Higgins Pallone Barrow Hinojosa Pascrell from Florida (Mr. HASTINGS), pending licenses from different States, and Bean Holden Pastor which I yield myself such time as I abuse these fake identities for illegal Becerra Holt Payne may consume. During consideration of and harmful purposes. The September Berkley Honda Pelosi this resolution, all time yielded is for Berman Hooley Peterson (MN) 11 hijackers had within their position Berry Hoyer Pomeroy the purposes of debate only. at least 15 valid driver’s licenses and Bishop (GA) Inslee Price (NC) This general debate rule provides for numerous State-issued identification Bishop (NY) Israel Rahall 1 hour and 40 minutes of general de- cards listing a wide variety of address- Blumenauer Jackson (IL) Rangel Boren Jackson-Lee Reyes bate, with 40 minutes equally divided es. Boswell (TX) Ross and controlled by the chairman and These terrorists were able to exploit Boucher Jefferson Rothman ranking minority member of the Com- many of the benefits conferred upon Boyd Johnson, E. B. Roybal-Allard mittee on the Judiciary, 40 minutes them by the possession of these cards, Brady (PA) Jones (OH) Ruppersberger Brown (OH) Kanjorski Rush equally divided and controlled by the such as enabling the bearer to acquire Brown, Corrine Kaptur Ryan (OH) chairman and ranking minority mem- other corroborating identification doc- Butterfield Kennedy (RI) Sabo ber of the Committee on Government uments, transfer funds to U.S. bank ac- Capps Kildee Salazar Capuano Kilpatrick (MI) Sa´ nchez, Linda Reform, and 20 minutes equally divided counts, obtain access to Federal build- Cardin Kind T. and controlled by the chairman and ings, purchase a firearm, rent a car or Cardoza Kucinich Sanchez, Loretta ranking minority member of the Com- board a plane, just to name a few. Carnahan Langevin Sanders mittee on Homeland Security. By establishing minimum document Carson Lantos Schakowsky Case Larsen (WA) Schwartz (PA) It waives all points of order against and issuance standards for the Federal Chandler Larson (CT) Scott (GA) consideration of the bill, and provides acceptance of driver’s licenses, requir- Clay Lee Scott (VA) that after general debate the Com- ing applicants to prove that they are in Cleaver Levin Serrano mittee of the Whole shall rise without Clyburn Lewis (GA) Sherman the country legally, and requiring iden- Conyers Lofgren, Zoe Skelton motion and no further consideration tification documents to expire simulta- Cooper Lowey Slaughter shall be in order except by subsequent neously with the expiration of lawful Costa Lynch Smith (WA) order of the House. entry status, this legislation will en- Costello Maloney Solis Cramer Markey Spratt Mr. Speaker, we are here today to sure that individuals harboring mali- Crowley Marshall Stark begin the debate on fulfilling cious intent who have illegally entered Cuellar Matheson Strickland Congress’s promise to the American or who are unlawfully present in the Cummings McCarthy Tanner people made in the wake of the tragedy Davis (AL) McCollum (MN) Tauscher United States, cannot have access to Davis (CA) McDermott Taylor (MS) of September 11, 2001, that our govern- these valuable and sensitive docu- Davis (FL) McGovern Thompson (CA) ment will do everything it can to pro- ments. DeFazio McIntyre Thompson (MS) tect them from another deadly attack Closing the asylum loopholes identi- Delahunt McKinney Tierney DeLauro McNulty Towns on our homeland. This promise was fied by H.R. 418 will provide greater se- Dingell Meehan Udall (CO) made in the days immediately fol- curity for the American people because Doggett Meek (FL) Udall (NM) lowing September 11 when President as the 9/11 Commission staff report Doyle Meeks (NY) Van Hollen Bush committed to the American peo- noted, ‘‘A number of terrorists . . . Edwards Melancon Vela´ zquez Emanuel Menendez Visclosky ple that the full force of American abused the asylum system.’’ By Engel Michaud Wasserman power would be used to bring terrorists strengthening judges’ ability to deter- Etheridge Millender- Schultz and their sponsors to justice. mine whether asylum-seekers are Evans McDonald Waters Farr Miller (NC) Watson This promise was continued by the truthful and credible, we will be able to Fattah Miller, George Watt efforts of the September 11 Commission prevent future terrorists from gaming Filner Mollohan Waxman and the subsequent efforts of Congress the system by applying for asylum as a Ford Moore (KS) Weiner to study the frailties and oversights of means to avoid deportation after all Frank (MA) Moore (WI) Wexler Gonzalez Moran (VA) Woolsey our national security system that the other recourses for remaining in the Gordon Murtha Wu 9/11 terrorists were able to identify, ex- United States have been denied to Green, Al Nadler Wynn ploit and use against us. And this them. This will prevent abuses to the NOT VOTING—14 promise will continue again today system like the case of the ‘‘Blind Davis (IL) Hinchey Pence through the consideration of the REAL Sheik’’ Abdul Rahman, who was able to DeGette Jones (NC) Schiff ID Act of 2005, which has been authored stay in the United States and force an Dicks Lipinski Snyder by my good friend, the chairman of the immigration judge to hold a hearing on Eshoo Norwood Stupak Feeney Obey Committee on the Judiciary, the gen- the asylum claim only weeks before his tleman from Wisconsin (Mr. SENSEN- followers bombed the World Trade Cen- BRENNER). ter. b 1253 This legislation continues the reform Defending our physical borders, as Messrs. OWENS, BRADY of Pennsyl- mission begun by Congress in the 9/11 provided for in the Real ID bill, will vania, LARSON of Connecticut, Recommendations Implementation provide greater security for the Amer- BUTTERFIELD, BERRY, CUELLAR, Act. By implementing the additional ican people. We know from the 9/11 Ms. SCHWARTZ of Pennsylvania, security measures including the REAL Commission that the hijackers had 25 CLAY, TAYLOR of Mississippi and ID Act, Congress will help to ensure contacts with consular officers and 43 Mrs. CAPPS changed their vote from that our borders are secure, that ter- contacts with immigration and cus- ‘‘yea’’ to ‘‘nay.’’ rorists cannot travel to America, and toms authorities. As a result, the 9/11

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H443 Commission and Congress have rec- shutting America out with reference to This bill establishes strong security ommended and taken a number of ap- this debate. standards for the issuance of driver’s propriate actions that have made it b 1300 licenses that all States must comply more difficult for terrorists to enter with to eliminate weak links in iden- the United States through the visa or We are here today without a final tity security. other legal immigration process; and rule because of a lack of agreement on The nineteen 9/11 hijackers had 63 this bill will go even further toward at- which amendments to allow. Well, I validly issued driver’s licenses and taining that goal. But closing down have a simple solution, one that should other forms of identification between only the legal means by which they be obvious to all of us. I say, allow all them, and they were using these IDs to will try to enter and infiltrate our amendments to be brought to the floor move around the country undetected, country is simply not enough. for a full and free debate by the House plotting and planning. In fact, eight of Because increased vigilance has made of Representatives as envisioned by them were even registered to vote. entering the country through normal, this Nation’s Founding Fathers who They then used the bogus licenses that regular channels more difficult, we were immigrants. Let Congress work they had to board U.S. planes. must also be increasingly prepared for its will on this legislation. H.R. 418 cracks down on asylum fraud the certainty that terrorists will try to To stifle debate on a bill as ill con- by ensuring all terrorism-related use illegal, clandestine methods to ceived as H.R. 418 is undemocratic to grounds of inadmissibility are grounds enter our country and to do us harm, the core. Mr. Speaker, there is no rea- for deportation. The Blind Sheik, Omar and we must now take steps to close son for hesitation. This is the only bill Abdel Rahman, who led a plot to bomb those gaps in our border security where of substance on the House’s agenda this New York City landmarks, used an asy- we are most vulnerable. week. We have the opportunity to con- lum application to avoid his deporta- Finally, strengthening our deporta- duct an open debate on each radical tion. It is a fact that terrorists have tion laws as provided for by H.R. 418 section of this bill. As a country that continued to use and abuse asylum will provide greater security for the prides itself on spreading democracy laws to stay in our country. American people. Currently, although throughout the world, we must prac- As the 9/11 Commission found, abus- it seems unbelievable, not all ter- tice what we preach. Allow the people ing our asylum law is ‘‘the primary rorism-related grounds for keeping an to have their say by bringing H.R. 418 method,’’ in their words, used by ter- alien out of the U.S. are also grounds to the floor with an open rule. Do not rorist aliens, like the 1993 World Trade for deportation. This means that ter- shut America out. Center bombers Ramzi Yousef and rorists and their closest advocates can The changes to asylum law contained Ahmad Ajaj, to remain in the United be denied entry to the United States in H.R. 418 will not improve our home- States. Both, in the words of the 9/11 for their actions in support of ter- land security. Terrorists do not have Commission, ‘‘concocted bogus polit- rorism, but if they are able to make it the right to seek asylum in our coun- ical asylum stories when they arrived to our shores, we cannot deport them try and are already prohibited from in the United States.’’ So if we want to for those same actions. doing so, but those who would legiti- make it harder for terrorists like The REAL ID Act would bring some mately seek refuge at our shores ought Yousef and Ajaj to abuse our asylum common sense to this troubling over- not to be turned away from our golden system, support this counterterrorism sight and make the law consistent by door through this bill’s misguided at- bill. providing that all terrorist-related of- tempt at curbing immigration. The ninth circuit created an ex- fenses that make aliens inadmissible Nor will erosion of our personal pri- tremely disturbing precedent that has would also be grounds for deportation. vacy improve our security. The collec- made it easier for suspected terrorists It would also provide that any alien tion of unnecessary personal informa- to receive asylum. The circuit has held contributing funds to a terrorist orga- tion by State agencies in an attempt to that if a foreign government harasses nization would also be deportable. discern each and every person’s immi- an alien because he has been affiliated Mr. Speaker, this rule is intended to gration standard goes against the very with a terrorist group, the alien is eli- allow debate to begin on this impor- freedom this Nation was founded on by gible for asylum because he could be tant legislation and to give Members immigrants and must be rejected. persecuted on account of the political an opportunity to come to the floor Our Nation’s security is of para- opinion of that terrorist group. Since and to voice their support or concerns mount importance; but in an effort to members of terrorist organizations are about its contents as the Committee on achieve that goal, let us, a thriving Na- eligible to receive asylum, under this Rules finalizes an appropriate rule for tion of immigrants, not turn our backs doctrine an alien could receive asylum consideration of possible amendments. on our history and our future. So be- expressly because he was an admitted I encourage all of my colleagues to im- fore we replace the Statue of Liberty’s member of a terrorist organization. prove America’s national security by torch with a ‘‘Do Not Enter’’ sign, let The bill returns the law to its origi- supporting this rule to begin the de- us reconsider in the most open of de- nal understanding and overturns this bate on this legislation. bates what that says about our great ninth circuit precedent by requiring Mr. Speaker, I reserve the balance of Nation. that asylum applicants establish that my time. Mr. Speaker, I reserve the balance of race, religion, nationality, membership Mr. HASTINGS of Florida. Mr. my time. in a particular social group, or polit- Speaker, I yield myself such time as I Mr. SESSIONS. Mr. Speaker, I yield 3 ical opinion was or will be a central may consume, and thank the gen- minutes to the gentleman from Cali- reason for their claimed persecution. tleman from Texas (Mr. SESSIONS) for fornia (Mr. ROYCE). These are commonsense changes to yielding me time. Mr. ROYCE. Mr. Speaker, I rise in national security and to border secu- Mr. Speaker, I rise today to oppose strong support of this rule to provide rity. this rule and H.R. 418. The anti-immi- for consideration of this counterterror- Mr. HASTINGS of Florida. Mr. grant provisions contained in this bill ism bill of which I am an original co- Speaker, I am privileged to yield 4 are unconscionable. We are a nation of sponsor. minutes to the gentleman from Massa- immigrants, a nation that people, from This is the REAL ID Act. It closes, chusetts (Mr. MCGOVERN), my very time immemorial, have journeyed to among other things, the 3-mile hole in good friend who serves on the Com- for freedom. As Ronald Reagan said, the fortified U.S.-Mexico border fence mittee on Rules with me. ‘‘America is a shining light on the near San Diego. Border security must Mr. MCGOVERN. Mr. Speaker, I hill.’’ Well, apparently, Mr. Speaker, be a pillar of our national security pol- thank the gentleman from Florida for today that light is red. icy. Recent press accounts have re- yielding me the time. We find ourselves in the second week ported that al Qaeda operatives have Mr. Speaker, I rise to express my of the second month of this legislative joined forces with alien smuggling deep frustration with the process being session, and we have yet to have a bill rings like MS–13 in order to enter the used by the Republican leadership in come to the floor with an open rule. United States, particularly through this House. The bill before us today And I remind the majority that that is our porous southern border. radically changes, among other things,

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H444 CONGRESSIONAL RECORD — HOUSE February 9, 2005 the asylum law of this country. Reli- issue. The least we can do is give this Of the 19 terrorists on 9/11, they had gious groups, civil rights groups, bill an open rule. This is the very least five dozen driver’s licenses between human rights groups have all expressed we can do given the lousy process that them and used those driver’s licenses grave concerns with this legislation. we have been shown. to get on the planes that crashed into There are serious and legitimate con- What we should do, however, is send the World Trade Center, the Pentagon, cerns with this bill, but the chairman this bill back to committee, allow the and a field in Pennsylvania. of the Committee on the Judiciary did committee to hold hearings and discuss This act would require identity docu- not hold a single hearing or markup in this thoughtfully. Let us hear from the ments to expire at the same time a visa the 109th Congress. In fact, the bill by- experts. Let us all understand the im- expires, so that someone who is here on passed the Committee on the Judiciary pact of this bill. Let the committee do an appropriate 6-month visa, as, in completely. Despite the chairman’s a markup and send the bill to the full fact, much to our amazement, some of rhetoric, there are provisions included House for a vote. the 9/11 terrorists were, are not given a in this bill that were never considered We can do better, and I would appeal 6-years’ driver’s license when the docu- in the last Congress. to my colleagues on the other side of ments they do produce say they can le- The pattern of abuse by the Repub- the aisle to urge their leadership to gally be here for 6 months. lican leadership continues unchecked. stop trashing the rules, procedures, and This bill also tightens the process of Major bills are being rushed to the traditions of this House. No matter applying for asylum in the United floor without even a passing glance by what our views are on this bill, no mat- States to close loopholes in the system the committee of jurisdiction. Bills are ter what a person’s political party or that have been taken advantage of by being brought up without Members get- ideology is, all of us I hope can agree terrorists. This issue was widely de- ting the chance to read them. Thought- that the current process undercuts debated on the floor last year. The exam- ful amendments are routinely denied mocracy and diminishes this great ple I gave was the terrorist who was an opportunity even to be debated. House of Representatives. here from Jordan who had bombed an The rule that we are considering Mr. SESSIONS. Mr. Speaker, I yield 3 international school in Jordan full of right now provides for only general de- minutes to the gentleman from Mis- American kids. Well, that terrorist had bate. Later today, the Committee on souri (Mr. BLUNT), our whip. not committed a crime in this country Rules will meet again on H.R. 418 to de- Mr. BLUNT. Mr. Speaker, I thank and under the current law was allowed cide whether the amendment process the gentleman for yielding the time. to stay here unsupervised in a country will be open or closed. Mr. Speaker, I am here to support full of American kids. Certainly that is Yesterday, among several other the rule and encourage this body to not acceptable. That person should amendments, our colleagues, the gen- move forward with legislation that we have had to have a hearing. This legis- tleman from New York (Mr. NADLER) have already debated many times in lation requires that. and the gentleman from Florida (Mr. the last Congress and legislation that I urge that we adopt the rule and the MEEK), testified that they believed the really solves a problem. legislation. asylum provisions in this bill will I do suggest that using terms like Mr. HASTINGS of Florida. Mr. make it harder for a persecuted person ‘‘immigrant hater’’ does not help this Speaker, I am privileged to yield 3 to gain asylum in the United States. debate. This is about border security. minutes to the gentlewoman from Cali- They have an amendment to strike It is not about those of us who reach fornia (Ms. HARMAN), my good friend, that language from the bill, and I hope out to help immigrants, particularly the ranking member of the Permanent the House will have an opportunity to those immigrants who are here legally Select Committee on Intelligence. consider that amendment. and lawfully all the time. It is not even Ms. HARMAN. Mr. Speaker, I thank Those who gain asylum are legiti- about whether they are disadvantaged my colleague who ably serves on the mately fleeing from persecution in by people who are here illegally. Permanent Select Committee on Intel- their home countries. They are fleeing This is about three significant border ligence, as well as the Committee on for their lives; but under this bill, a security issues. One is ID and clearly Rules, for the time. woman forced by her government to ID issued by States is important and Mr. Speaker, as the lead conferee on have an abortion who tries to flee from significant. The bipartisan commission the intelligence reform bill, I oppose such oppression will be forced to return that looked into 9/11 dealt specifically the rule on H.R. 418 and the underlying to her home country. I cannot believe with this issue, something that has bill because they will not make us that the United States Government been overlooked in much of our debate safer. What H.R. 418 will do is under- would be that cruel and we would turn now, the almost-sanctified 9/11 Com- mine several key provisions of the Bi- our backs on people who need asylum mission. That commission said travel partisan Intelligence Reform and Ter- in order to truly be free from torture documents are as important as weap- rorism Prevention Act, which Congress and persecution. ons and urged the Congress to do some- passed and the President signed into Let me be clear. Every one of us thing about travel documents that did law just 2 months ago. wants to make this country safer and not reflect the true status of individ- Those who claim that the so-called more secure and prevent any further uals. REAL ID Act will enhance national se- attacks, but this bill is not going to do In fact, on September 11, driver’s li- curity are flat wrong. Remember, all of it. Asylum already is a highly scruti- censes became weapons of mass de- the September 11 hijackers entered this nized process and is very difficult to struction. country with legal immigration docu- get. By law, terrorists are already In the United States today, a driver’s ments. Legislation prohibiting illegal barred from gaining asylum. What we license is all it takes to transfer money immigrants from obtaining driver’s li- need is better enforcement of the laws to a bank account, to enter a Federal censes would not have stopped a single we already have, not a bill that re- building or other vulnerable facility, to 9/11 hijacker. stricts the flow of the persecuted just board a train or an airplane. Lax stand- We dealt with this issue responsibly because a few in this body either do not ards and loopholes in the current in the intelligence reform legislation. like immigrants or feel the need to issuance processes allow terrorists to The law establishes tough minimum pander to political pressures from im- obtain driver’s licenses, often multiple Federal standards for driver’s licenses migrant haters in their districts. licenses from different States. so that all driver’s licenses have cer- As I said, there are other amend- In southwest Missouri, where I am tain key security features. ments that were offered last night in from and right in the middle of the the Committee on Rules by both Demo- country, of the 1,387 people who were b 1315 crats and Republicans, a total of 14. detained by the office there who were The law also requires the Transpor- They are all important. They are all illegally in the country in the year tation Security Administration to set relevant to this bill. They all should be that ended September 30, 50 percent of newer standards within 6 months for considered. those people had a state-issued driver’s identification documents which may be Mr. Speaker, this is an important license or state-issued ID card, not at used to board commercial airplanes. issue. For many, it is a life or death all difficult to get. These provisions are much stronger

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H445 than what is being proposed by H.R. dency required to take their written then plowed into the Armstrongs’ car, shov- 418, yet H.R. 418 would repeal these tests. In Wisconsin, the written tests ing it under another large truck. critical new security upgrades. were given in English, Spanish, and ‘‘We believe there are up to 1,000 suspect li- Mr. Speaker, I wholeheartedly agree Russian. People who spoke other lan- censes, and this shows the risk inherent in each of those,’’ U.S. Attorney Steve Biskupic that if we want to cut down on illegal guages had to bring their own inter- said Tuesday. immigration, we must improve border preters. Some of the interpreters A Milwaukee investigation parallel to the security. Just 2 weeks ago, an astute helped the clients cheat on the tests. one in Chicago is continuing, he said. crane operator at the Port of Los Ange- In some cases, the sponsors accom- Both probes center on foreign nationals. les discovered 32 Chinese stowaways in panied the clients to a private facility According to court records in the Chicago a container that had just been un- that has a contract with the State to case, the scheme worked like this: loaded from a Panamanian freighter. conduct road tests. Employees there The foreign nationals paid sponsors in the Chicago area up to $2,000 for help getting a The State of California already pro- accepted payments that ensured that commercial driver’s license. hibits illegal immigrants from getting the clients passed the test whether or Several Wisconsin residents were paid a a driver’s license, but that did not dis- not they knew how to drive a truck. one-time fee for use of their addresses. courage these stowaways from trying Now, because Wisconsin does not re- Clients were transported from Chicago via to sneak into California and the United quire proof of legal residency in the van to banks in Milwaukee, where they used States. United States in order to get a driver’s the Wisconsin addresses to open checking ac- The people at our ports and our bor- license, whether it is a regular license counts. ders are our first line of defense. That or a commercial driver’s license, Mr. After the checks were printed, the clients brought them to the Division of Motor Vehi- is why the Intelligence Reform bill in- Nazov got a license validly issued by cles as the proof of residency required to cluded authorization for 10,000 new bor- the Wisconsin Department of Motor take their written tests. der guards, 40,000 new detention beds to Vehicles, and 3 days later killed a fam- In Wisconsin, the written tests are given in hold people awaiting deportation, and ily of four on a highway in Tennessee English, Spanish or Russian. People who 4,000 new immigration inspectors. Yet with a truck he did not know how to speak other languages must bring their own the President’s 2006 budget does not in- drive. interpreters. Some of the interpreters helped clude funding for any of these new se- Now, legislation like this would have the clients cheat on the tests. been a key move in preventing an ille- In some cases, the sponsors accompanied curity improvements. If we are going the clients to a private facility that has a to serious about border security, we gal alien from getting this driver’s li- contract with the state to conduct road need more resources and more people cense, a driver’s license he could not tests. Employees there accepted payments at the border. have gotten in the State of Illinois. I that ensured the clients passed their tests, I urge my colleagues to retain the think this proves that there is more in- whether or not they knew how to drive a REAL ID provisions in the Intelligence volved to this than border security. truck. Reform bill and reject this imposter. There is an issue of public safety. And The Wisconsin rules for licensing are less We already have the tools for securing if you do not believe that, ask the fam- strict than those in Illinois. There, written driver’s licenses, and our borders that tests are offered only in English, and trans- ily of the people who were killed in lators are not allowed. Road tests in Illinois will truly make our country safer. Tennessee. must be conducted at state offices, not pri- Mr. SESSIONS. Mr. Speaker, I yield 3 Mr. Speaker, I submit for the RECORD vate facilities. minutes to the gentleman from Wis- the story from the Milwaukee Journal Nazov listed an address in the 4200 block of consin (Mr. SENSENBRENNER), chairman Sentinel entitled ‘‘Tennessee Deaths W. Loomis Road in Greenfield on his driver’s of the Committee on the Judiciary. Bring New Charge.’’ license application, according to the charg- Mr. SENSENBRENNER. Mr. Speak- TENNESSEE DEATHS BRING NEW CHARGE: ing documents. He testified before a grand er, I thank the gentleman for yielding TRUCKER ILLEGALLY OBTAINED LICENSE HERE jury in June 2004 that he had lived there for a few months with his girlfriend. He told fed- me this time. (By Gina Barton) Much has been and will be said about eral investigators he remembered only her A man who got a commercial truck driv- first name, Julie, and that she has since left this bill’s impact on making it more er’s license illegally in Wisconsin killed a the country. He could not provide them with difficult for terrorists to get identifica- family of four on a Tennessee freeway, then a description of the building, according to tion to conduct their terrorist activi- lied about his actions, according to a crimi- the documents. ties and the reform of the asylum laws nal compliant unsealed Tuesday in federal The owner of the building said he had and the plugging of the fence south of court in Chicago. never rented an apartment to Nazov or to a Nasko Nazov, an illegal immigrant from San Diego. However, there is an issue woman named Julie. The owner also found Macedonia, is charged with lying to a federal letters from the Wisconsin Department of of public safety involved in this bill as grand jury during an offshoot of ‘‘Operation well. Transportation addressed to Nazov and four Safe Road,’’ the federal investigation that other people at the building, according to Yesterday, a criminal complaint was ultimately led to criminal charges against the documents. The owner, who told inves- unsealed in the Federal Court in Chi- former Illinois Gov. George Ryan. The investigations he had not authorized anyone to cago which showed that there was a tigation also revealed that in Wisconsin at use the address, has not been charged. huge scam in getting Wisconsin driv- least 600 people from other states cheated on Nazov, who speaks Macedonian, took his er’s licenses for illegal aliens to drive written exams, bribed officials administering written test with the help of an interpreter, trucks. And in at least one instance, road tests or lied about their residency to according to court records. get truck driver’s licenses, according to the case of Nasko Nazov, who is an ille- court records. Mr. HASTINGS of Florida. Mr. gal alien from Macedonia, 3 days after If convicted, Nazov, 45, of Downers Grove, Speaker, I yield 5 minutes to the gen- he obtained this driver’s license, he Ill., faces a maximum penalty of five years tleman from California (Mr. BERMAN), killed four people, a family of four, in in prison, a fine of up to $500,000 and deporta- my very good friend. a truck-car accident in Baileyton, Ten- tion. He also is wanted in Tennessee on reck- Mr. BERMAN. Mr. Speaker, I thank nessee. less homicide charges, said Randall Sanborn, very much my friend from Florida for Now, the criminal complaint says spokesman for the U.S. attorney’s office in yielding me this time. Chicago. Mr. Speaker, my opposition to H.R. that the scam worked as follows: For- Nazov—who has never lived in Wisconsin— eign nationals paid sponsors in Chicago received a Wisconsin commercial driver’s li- 418 is for two reasons, one that is up to $2,000 for help in getting a com- cense on March 4, 2003, according to court broader in the context of the problems mercial driver’s license. Several Wis- records. Three days later he caused a fatal we face, and one is specific to asylum. consin residents were paid a one-time wreck on I–81 near Baileyton, Tenn., accord- I am just going to address the former fee for use of their addresses. The cli- ing to media reports. Edward Dean Arm- on the issue of debating essentially an ents were transported from Chicago to strong III; his wife, Melissa; his 10-year-old unobjectionable rule that simply al- Milwaukee via van to banks in Mil- daughter, Brittany; and his 6-year-old son, lows for general debate and urge oppo- Dean, all were killed. The family was return- sition on that ground alone. waukee, where they used the Wisconsin ing home to Virginia after visiting family in addresses to open checking accounts. Knoxville, Tenn., according to the reports. The placement of the bill on this After the checks were printed, the Their 1998 Saturn was stuck in traffic be- agenda at this particular time is a clients brought them to the Division of cause of an earlier accident. Nazov, who was manifestation of the triumph of ide- Motor Vehicles as proof of their resi- driving a tractor-trailer, first hit a pickup, ology over common sense, and it is a

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H446 CONGRESSIONAL RECORD — HOUSE February 9, 2005 response to spasms of anger rather Senator CORNYN, the new chairman they are terrorists.’’ The bipartisan 9– than a reflection of sober analysis. of the Subcommittee on Immigration 11 Commission called for this legisla- Contrary to the arguments of the Re- and Claims, no liberal he, realizes that tion. publicans, including my friend, the the strategy of the gentleman from Just a moment ago I heard one of my chairman of the committee, including Wisconsin is a mistake. He said it pret- colleagues say this legislation does not the majority leader of this House, the ty specifically, ‘‘I don’t believe we can improve upon the bill we passed deal- issues of immigration reform, border deal with border security and home- ing with the issue just a few months security, national security, and public land security without dealing with im- ago. I beg to disagree. Her point was, it safety are inextricably linked. But we migration reform.’’ does not address the issue of those who hear not one word or hint of any inten- Aside from the asylum provisions, I are here illegally, yet it very much tion on the part of the majority in this do not have any heartburn about these, does so. A provision of this bill pushed House, in contrast with both the Presi- of course, in a world where we have by my colleague, the gentleman from dent and the leadership in the Senate, fixed the system so it does not have 8 Arizona (Mr. FLAKE), for a number of of ever dealing with the fundamental to 14 million people here out of status, years, provides that a driver’s license issue. illegally, undocumented, and people may not have an expiration date be- Our immigration system is broken. who should not get driver’s licenses. yond the date upon which someone’s The results of that breakdown endan- But this will not solve the problem. visa expires. That would specifically go ger American security. Between 8 and There will be people who are not going to people here illegally. 14 million people are in this country to be here legally, who will have driv- Let me point out how it would have without legal status. They live in our er’s licenses after this bill passes, and applied to the 9/11 hijackers. Looking shadows. They utilize false documents. there will be people with false IDs after at Nawaf Alhazmi, his visa expired in Their true identity is unknown. For this bill passes; and you will not have January of 2001, yet he got a Florida’s the most part, they work and pay dealt with the fundamental issue. driver’s license in June of 2001, he got taxes. And, except for their illegal sta- For that reason, more than any a Virginia ID card in August of 2001, tus, they observe our laws. other, although the fundamental and he got a reissued Virginia ID card They provide the overwhelming pro- change of the asylum system that is in September of 2001. portion of the workforce in critical in- going to keep people fleeing persecu- A second hijacker, Hani Hanjour was dustries. They are located throughout tion from finding their historic asylum in the same situation. He was in viola- the country and they are subject to all in this country, without dealing any- tion of his visa when he obtained a Vir- kinds of exploitation, but for a variety thing with terrorists who are already ginia State ID in August of 2001 and a of reasons, they have no intention of eligible for asylum, is another reason Maryland ID in September of 2001. leaving this country. A few among to oppose this bill, and I urge opposi- These are critical reforms to making them, without doubt, a few among tion on it. America safer. I urge my colleagues to them mean harm to Americans and are Mr. SESSIONS. Mr. Speaker, I would vote for both the rule and the under- plotting terrorist acts. The status quo like to inquire of the time remaining lying legislation. is simply intolerable. for both sides. Mr. HASTINGS of Florida. Mr. But where the proponents of this bill The SPEAKER pro tempore (Mr. MIL- Speaker, I am very pleased to yield 2 are so wrong, so self-defeating, is in LER of Florida). The gentleman from minutes to my very good friend, the thinking that piecemeal fixes like this Texas (Mr. SESSIONS) has 13 minutes re- gentleman from Texas (Mr. GENE have anything to do with protecting maining, and the gentleman from Flor- GREEN). Americans against those who are plot- ida (Mr. HASTINGS) has 14 minutes re- Mr. GENE GREEN of Texas. Mr. ting to harm us. Only a comprehensive maining. Speaker, I thank my classmate and approach that deals with issues like de- Mr. SESSIONS. Mr. Speaker, I yield 2 colleague for yielding me this time, fense, like a nonforgeable identifier, a minutes to the gentleman from Ari- and I rise in opposition to this legisla- nonforgeable Social Security card, ef- zona (Mr. SHADEGG), the chairman of tion. fective enforcement, and coming to the Republican Policy Committee. It is interesting that we are dis- terms with the status of the 8 to 14 mil- Mr. SHADEGG. Mr. Speaker, I thank cussing the driver’s license the day lion people who are working and linked the gentleman for yielding me this after the President’s budget was re- to working and have committed no time, and I rise in strong support both leased that did not fund the border pa- other crimes, getting them out of the of this rule and the underlying bill, the trol officers we authorized 2 months shadows so we can know who they are, REAL ID Act. I also want to thank the ago. Instead of 2,000, the President only we can fingerprint them and match gentleman from Wisconsin (Mr. SEN- wants to authorize 200 new border offi- them to watch lists. That is the only SENBRENNER) for his effort in bringing cers. We are attacking the driver’s li- way to deal with the problem. this legislation to the floor. cense issue, which seems strange, when Look at our situation. The majority All of the reforms contained in the we should be attacking the person who leader says ‘‘This bill is a border secu- REAL ID Act are crucial to our na- may be getting it. rity bill. It is a Homeland Security bill. tional security interests, and all of I always hear that ‘‘Guns don’t kill Immigration reform is a completely them will help make America less vul- people, people do.’’ Well, that driver’s different subject.’’ nerable to terrorist attack. The bill’s license does not kill anybody. It is the The chairman of our committee, the provisions include long-overdue and person who does it. Let us go after that gentleman from Wisconsin (Mr. SEN- very common-sense safeguards that person. And that is what those 2,000 SENBRENNER), says ‘‘It is to everybody’s were recommended specifically by the border patrol officers for the next 2 best interest to separate out the secu- 9/11 Commission. Let me point out just years are supposed to do. rity questions from the immigration one of those. questions.’’ But you cannot. President ‘‘Secure identification should begin b 1330 Bush knows that. He realizes that in the United States,’’ wrote the bipar- You know, building a fence is a good these gentlemen are wrong, that this tisan 9/11 Commission. They went on to idea. But, again, I think it ought to be analysis is wrong, that this piecemeal say, ‘‘The Federal Government should built like other construction projects, approach is not going to do the job; and set standards for the issuance of birth subject to competitive bidding and en- he has repeatedly called for a com- certificates and sources of identifica- vironmental concerns. There is bound prehensive reform of our immigration tion, such as driver’s licenses. Fraud in to be a way we can build a fence that system because ‘‘The current system identification documents is no longer is environmentally safe along the results in diverting homeland security just a problem of theft. At many entry desert in Southern California. resources to chasing people who are points to vulnerable facilities, includ- I have a district in Texas, and I know here because they want to put food on ing gates for boarding aircraft, sources that we need secure identification their table. They take resources away of identification are the last oppor- cards that are used like driver’s li- from catching criminals and terror- tunity to ensure that people are who censes. But we have one of the largest ists.’’ That is the President. they say they are and to check whether minority immigrant populations in the

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H447 country, and more people immigrate to ing in do not mean us harm, then the And I guess I know, Mr. Speaker, it is the United States through Texas every more liberties we are going to lose in a violation to address the TV audience, day. Having secure ID cards not only this country. and I will not do so. But I will express helps protect our homeland, but also So it is important that we make sure the hope that if there are any members helps our law enforcement keep our we have that water metaphorically of the Iraqi Provisional Assembly roads safer and enables them to do a flowing into this lake to give it life, watching this, they understand the better job. That is why we addressed but it is even more important that we message that is very important. Please this issue 2 months ago and required, restrict those who would harm us from do not try this at home. Do not, in the under the Intelligence Reform Act, the coming in, as they would. Iraqi assembly, show disrespect for the Department of Homeland Security to Mr. HASTINGS of Florida. Mr. rights of the minority. establish standards, guidelines for ID Speaker, before yielding to my good That is the hallmark of this out- cards. friend from Massachusetts, I yield my- rageous procedure. And why are we The REAL ID Act goes far beyond self such time as I may consume. doing it? that. That is what I am concerned I would say to my colleague from It is 1:35 on Wednesday. We are going about. This legislation even goes be- Texas (Mr. GOHMERT) I have not had an to finish this debate, general debate yond this by preventing any form of ju- opportunity to talk to him, and I sim- and have the rest of the day to do noth- dicial review to such waivers. ply want to point out to him that all of ing, tomorrow then maybe debate one Our government was founded on us that have feelings regarding States’ or two amendments. There is no reason checks and balances. And as much as a rights line up in many respects alike. why. Member of Congress would like to But the gentleman needs to know that You know what? eliminate the Supreme Court or the the National Governors Association What about an open rule? court system, you can not do it. The and the American Association of Motor What about democracy? What about bringing a complicated Constitution makes sure that we are Vehicle Administrators, the National bill to the floor and letting Members equal branches of government. Conference of State Legislators all op- offer amendments and the majority And, again, I support barriers. I sup- pose this legislation. And the primary will win. port tightening security. I support ad- reason that they do would be, had I You are not afraid, apparently, of ditional border patrol, but attacking known the gentleman 20 years ago, or losing the vote. You are afraid of losing driver’s licenses is the wrong effort. 10 years ago, he would have been argu- the argument. And I understand why. Mr. SESSIONS. Mr. Speaker, I yield 2 ing that the Federal Government is Let me talk now about asylum. This minutes to the gentleman from Texas, sending unfunded mandates to the Congress created the United States (Mr. GOHMERT). States. Commission on International Religious Mr. GOHMERT. I thank the gen- Well, welcome to the Federal Govern- Freedom in 1998. That commission just tleman from Texas (Mr. SESSIONS) for ment. This is an unfunded mandate. issued a very lengthy report, very crit- yielding me this time. Mr. Speaker, I am privileged to yield ical of the inhumane aspects of our Mr. Speaker, I do rise to address sup- 4 minutes to my very good friend, the asylum operation. port for the rule and the underlying gentleman from Massachusetts (Mr. Mr. Speaker, I include for the legislation and, specifically, a few of FRANK). RECORD the article from the New York the allegations that have been made (Mr. FRANK of Massachusetts asked Times, documenting that report at this about this legislation. First of all, and was given permission to revise and point. there has been an allegation made that extend his remarks, and include extra- [From the New York Times, Feb. 8, 2005] this violates States’ rights. Many of us neous material.) ASYLUM SEEKERS TREATED POORLY, U.S. are firm believers and supporters of Mr. FRANK of Massachusetts. Mr. PANEL SAYS States’ rights, and the fact is, the Speaker, first we have to talk about (By Nina Bernstein and Marc Santora) States have the right to give a driver’s the procedure. This is a complicated Thousands of people who come to the license to whomever they wish. That is bill. It includes several different sub- United States saying they are seeking refuge their State’s right. jects, asylum, identification, a fence, from persecution are treated like criminals However, this legislation says, if you yet apparently the majority is contem- while their claims are evaluated—strip- are going to use that identification plating, at most, one amendment. searched, shackled and often thrown into card to get on transportation that is in This is legislation by hostage-taking. solitary confinement in local jails and fed- interstate commerce or otherwise, then You put a whole bunch of things to- eral detention centers—a bipartisan federal it is going to have to meet certain min- gether, including several that are con- commission found in a report to be released today. imum standards. So you have the troversial, so if Members oppose any The report, by the United States Commis- States’ rights. However, this Federal one of them, they will be extorted into sion on International Religious Freedom, an Government has the obligation to pro- voting for the whole package. agency created by Congress in 1998, describes tect its citizens, and it is something We are in the process now, after the an ad hoc system run by the Department of that should not and will not be taken election in Iraq, of trying to persuade Homeland Security that has extreme dispari- lightly. the Shiia, who will be in the over- ties in who is released or granted asylum, de- As regards another aspect, asylum, whelming majority, to practice democ- pending on whether someone seeks refuge in we have a situation in which a legisla- racy, not to abuse their majority, but Texas or New York, comes from Iraq or Haiti, or is represented by a lawyer. tive body, as it has come to be, that is in fact to encourage members of the The New York metropolitan region ranks also known as the Ninth Circuit Court minority to participate. It is essential among the harshest in terms of the condi- of Appeals, has enacted legislation that for us to be able to salvage what is tions of detention centers, with constant overcomes and overwhelms a judge’s going on in Iraq for there to be an surveillance, stark quarters and degrading right and ability to judge credibility as agreement on the part of the Sunni treatment. Those awaiting a court decision it should. That has to be overcome by Muslims to participate. on asylum are also less likely to be freed. this legislative body, trumping that In other words, we are telling the For example, 3.8 percent of asylum seekers legislative body called the Ninth Cir- people of Iraq that to practice democ- were freed from the detention center in Eliz- abeth, N.J., compared with 94 percent in San cuit. That is what we are trying to do. racy means respect for minority rights. Antonio. There were 8.4 percent released I have heard friends across the aisle And here we have the majority in the from the detention center in Queens, while say that Americans have journeyed House of Representatives, a fairly nar- in Chicago 81 percent were let go. freely in the past and that this goes row majority, apparently contem- One of the experts who examined the cen- against the very freedoms which this plating forcing an up-or-down vote on ters for the commission, Craig Haney, a psy- Nation was founded on. But the truth controversial legislation, maybe allow- chologist who briefed the Senate Judiciary is, try getting on an airplane. We do ing one amendment, clearly repressing Committee on the subject yesterday, said he was shocked by what he found. not have freedom anymore. And the the strong desire of the minority to be ‘‘I was taken aback by the severity of con- more liberties that we forgo with- able fully to debate it. In the end, the ditions, the severity of deprivations and, drawing at the border, and restricting majority will decide, but they don’t frankly, the expense,’’ he said in an inter- and making sure people who are com- even want the debate. view. He said that one of 19 centers examined

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H448 CONGRESSIONAL RECORD — HOUSE February 9, 2005 handled asylum seekers differently from use the toilet and little chance to exercise to me that kind of cafeteria approach criminals—in Broward County, Fla., where outdoors. Detainees are allowed to work but to religion is something the majority many seeking refuge are from Cuba and paid $1 a day. has adopted. Here we have it in Leviti- Five of the 19 detention centers examined where former Cuban refugees form a potent cus. This is undoubtedly why the political force. At $83 a day, the Florida cen- had mental health staff, and none had guards ter costs less than half the $200 per detainee trained to work with victims of torture or Catholic bishops have spoken out of the Queens detention center, though both repression. In most places the treatment for against this bill and have asked some are run by the same company. those considered suicidal was solitary con- of us to oppose it. But again, religion is The report said that women and children finement. A footnote pointed out that isola- to be invoked selectively so religious seeking asylum, ‘‘whose trauma histories tion was ‘‘likely to exacerbate depression,’’ values are for another time, not when and emotional needs may be more severe and not prevent suicide. there is political hay to be made by require more specialized training,’’ were at ‘‘The whole detention system is there to taking this popular stance. greater risk of harm. break you down further,’’ one former de- Among other recommendations, the com- tainee told interviewers in the report. ‘‘You What we have is an undemocratic mission urged that a high-level protector of are not even allowed to cry. If you do, they procedure being mobilized to suppress, refugees be appointed to monitor the system take you to isolation.’’ even debate, and an opportunity to and correct inequities. Cut off from the outside world and not al- consider the report of this commission Manny Van Pelt, a spokesman for Immi- lowed incoming calls, even from a lawyer, in the service of a doctrine which gration and Customs Enforcement, an agen- the detainees are at high risk for depression, would seem to me to violate some fun- cy within Homeland Security that oversees the commission said, and some even said the detention of asylum seekers, defended they gave up their quest for asylum because damental religious principles. I guess the system. of the unbearable conditions. the majority has the votes to do that if ‘‘We have a robust inspections program Since the 1996 change in immigration law, they want to, but they have a day to that conducts audits of our detention facili- critics have complained that the system is reconsider, and I hope perhaps some- ties nationwide, and our detention facilities subjecting those fleeing torture and repres- thing will change their minds. are accredited and subjected to regular in- sion to harsh conditions in detention that Mr. SESSIONS. Mr. Speaker, I yield 2 spection by the U.N. High Commission for can drag on for years. But this is the first bi- minutes to the gentleman from Geor- Refugees,’’ he said in an interview. ‘‘They partisan examination based on an inside are clean and they are safe environments. view. gia (Mr. GINGREY), one of the bright Even better, the detention system protects One of the Republican commission mem- new members of the Committee on the public.’’ bers, Michael K. Young, the president of the Rules. The commission had been asked by Con- University of Utah and an adviser to Presi- Mr. GINGREY. Mr. Speaker, I thank gress to examine the effectiveness of the na- dent George H. W. Bush, said great pains my colleague on the Committee on tion’s asylum regulations, created in part as were taken to make the two-year effort po- Rules. I rise in full support of the rule a response to the 1993 World Trade Center litically balanced. ‘‘That is one of the things and the underlying bill. bombings, in an effort to balance the coun- that gives this report real strength,’’ he said. try’s desire to shelter those suffering from Preeta D. Bansal, a Democrat who chaired I remind my colleagues on the other persecution abroad with its need to keep out the commission, said more research is need- side of the aisle, who keep saying, we criminals and terrorists. ed, especially on the reasons for the sharp are not given enough time and we are The system, known as expedited removal, drop in asylum seekers. ‘‘We have been told rushing all of these complicated issues requires those seeking asylum at airports that in foreign countries the Department of that we have not discussed, but these and borders to be sent back immediately un- Homeland Security is being employed to pre- provisions I remind my colleagues, less they are found to have a ‘‘credible fear’’ vent people from even getting on board air- they were in the original bill that we of persecution when questioned by immigra- planes,’’ said Ms. Bansal, a former solicitor tion officers. Those who pass the test—a vast general of New York State. ‘‘We think fur- passed on the House side, the Intel bill. majority—are then detained until an immi- ther follow-up needs to be done.’’ Unfortunately, they were taken out by gration judge decides the validity of their The report comes the same week that asy- the Senate conferees. claim. Unless they are released pending a de- lum legislation is to be introduced in the We are asking to do the things that cision, the average detainee is held for 64 House by Representative F. James Sensen- the 9/11 Commission, all 10 of them, in days and a third stay more than 90 days— brenner Jr., a Wisconsin Republican and their unanimous report, asked us to do. some even years, the report found. chairman of the Judiciary Committee. Listen to this: ‘‘If terrorist travel op- The number of asylum seekers, and the Among other visions, the bill, known as the rate at which they are freed, have both Real ID Act, would make it harder for refu- tions are reduced, they may be forced dropped sharply since the terrorist attacks gees to get asylum. to rely on means of interaction which of 2001, the study showed. But rates of asy- So we have a bipartisan Committee can be more easily monitored and to lum also differed sharply by national groups on International Religious Freedom resort to travel documents which are between 2000 and 2004, with more than 80 per- more readily detectable.’’ cent of Cubans given a permanent right to critical of our denial of asylum rights. And what is the response of the major- The 9/11 Commission Report, page 65, stay, along with more than 60 percent of ‘‘All but one of the 9/11 hijackers ac- Iraqis. By contrast, just more than 10 per- ity? Let us make a bad situation worse. cent of those from Haiti and fewer than 5 Mr. Speaker, why not an open quired some form of United States percent of those from EI Salvador were amendment procedure so those of us identification document, some by granted asylum. Detainees represented by who have paid attention to this report fraud.’’ Acquisition of these forms of lawyers were up to 30 times more likely to could offer amendments that embody identification would have assisted gain asylum, but in some places fewer than it? Why will we not be allowed to offer them in boarding commercial flights, half the detainees had lawyers. amendments from this interreligious renting cars, and other necessary ac- With the exception of the operation at tivities. George Bush Intercontinental Airport in commission, and it is an interreligious Houston, the report found that asylum seek- commission. The 9/11 Commission Report, page ers were not pressed to withdraw their asy- I know one of the problems the ma- 390, ‘‘My daughter worked at the Re- lum claims before the interview, nor were jority has, and I sympathize, but ap- publican Convention this summer. I claims summarily denied. But it found that parently somebody has Bowdlerized worried about her. Unbeknownst to me, judges often wrongly used airport state- their Bibles. And I sympathize; these during the convention an illegal alien ments to deny asylum later. are people who have Bibles, but their from Pakistan was picked up and ar- Before the change in the law, only asylum rested for attempting to bomb the Her- seekers with criminal records were detained. Bibles have big things missing. For ex- Now, nearly all are locked up with ordinary ample, we often hear Leviticus quoted ald Square subway station. She rode on criminals. In 2003, 5,585 men and 1,015 women on the floor of the House. Leviticus 19, that subway every day going back and seeking asylum were jailed. To cut down on chapters 33 and 34, ‘‘When an alien forth to work.’’ He was quoted as say- that number, the commission recommended lives with you in your land, do not mis- ing, ‘‘I want at least 1,000 to 2,000 to die that the airport interviewers, and not just treat him. The alien living with you in a single day.’’ And that alien had ap- immigration judges, be given the authority must be treated as one of your native- plied for asylum. to grant asylum on the spot when warranted. Mr. Speaker, these are sensible provi- Severe psychological damage is among the born. Love him as yourself, for you effects of throwing people seeking refuge to- were aliens in Egypt.’’ sions. We are completing the work of gether with criminals in ‘‘stark conditions,’’ Now, that is in Leviticus. I know Le- the Intel bill, and I support it. We need the report said, describing 24-hour lights, viticus gets turned on and off here like to get it done and we need bipartisan chained walks to go eat, no privacy even to an electric bulb, but it does now seem support.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H449 Mr. HASTINGS of Florida. Mr. identification documents. In fact, the cards necessary to gain access to Fed- Speaker, I yield myself such time as I 19 hijackers had 63 driver’s licenses eral facilities; two, establishing identi- may consume. among them. These licenses assisted fication procedures to board a plane; Mr. Speaker, I ask the gentleman the terrorists in boarding commercial and, three, mandating a GAO study on from Georgia (Mr. GINGREY) whether he flights, renting cars and other activi- potential weaknesses in the U.S. asy- is on the Committee on the Judiciary. ties necessary to carry out their hor- lum system. Mr. GINGREY. Mr. Speaker, will the rible plans. The REAL ID Act attempts to shift gentleman yield? the burden of immigration enforce- b 1345 Mr. HASTINGS of Florida. I yield to ment to the States, and immigration is the gentleman from Georgia. This legislation ensures that terror- a Federal responsibility. It is time for Mr. GINGREY. Mr. Speaker, I am not ists will not be able to game our sys- us to take that responsibility seriously on the Committee on the Judiciary. tem any longer and we cannot allow and pass real comprehensive immigra- Mr. HASTINGS of Florida. Mr. mass murderers into our country any tion reform. Speaker, the gentleman from Georgia longer. I strongly urge my colleagues to op- and I are on the Committee on Rules, Mr. Speaker, according to the U.S. pose H.R. 418, the REAL ID Act. and we know this measure did not Immigration and Customs Enforcement Mr. SESSIONS. Mr. Speaker, I re- come up until 2 hours just before we Agency, more than 3 million illegal serve the balance of my time. went in there. We also know there were aliens came across our border last Mr. HASTINGS of Florida. Mr. no hearings. We also know that the 9/11 year, and I bet probably more than Speaker, I yield myself such time as I Commission went much further than that. We have no idea where they are may consume. what the gentleman presented here or where they are from. However we do I remind my colleagues that there today. know that during the 9-month period was no hearing with reference to this Mr. Speaker, I yield 1 minute to the from October, 2003, through June, 2004, matter. There are 43 new Members in gentleman from California (Mr. BER- over 44,000 non-Mexican aliens were the House of Representatives who have MAN), a member of the Committee on caught trying to cross the northern absolutely no opportunity to have the Judiciary, to give a more exem- and southern U.S. borders. Among voiced themselves regarding this mat- plary outline of what transpired. these aliens, several hundred were from ter. There is a new Committee on Mr. BERMAN. Mr. Speaker, what I the Mideast countries unfriendly to the Homeland Security that is now perma- would have asked the gentleman from United States. Without this legisla- nent, rightly so. There was no hearing Georgia (Mr. GINGREY), had he been tion, many more will come; and this is there. The gentleman from Wisconsin’s willing to yield some time, was to show a risk we cannot afford to take. (Mr. SENSENBRENNER) manager’s me where in the 9/11 Report it makes Mr. HASTINGS of Florida. Mr. amendment came to the Committee on any reference to making any of the Speaker, I gather those unfriendly na- Rules 2 hours before we had an oppor- changes in the asylum law that are tions were like Saudi Arabia where 15 tunity to see it, and I would urge in the being proposed by the majority here in of the 19 hijackers came from. House how many have read it even at this bill. There is no reference to that Mr. Speaker, I yield 2 minutes to the this point. whatsoever, because the 9/11 Commis- gentleman from Texas (Mr. HINOJOSA), More importantly, Mr. Speaker, the sion knew that terrorists and threats who lives in south Texas and is on the Immigration and Naturalization Serv- to national security cannot get asy- Texas-Mexican border and may have ice, BICE, in the authorized budget lum. some experiences in this regard. that we presented to the President, it Instead, the majority, because it does Mr. HINOJOSA. Mr. Speaker, I rise required 800 new officials for that agen- not agree with the Commission on Re- in opposition to H.R. 418, the REAL ID cy. Only 143 are in the President’s ligious Freedom, because it does not Act. I do come from south Texas, and I budget. accept fundamental traditions of peo- was born and raised in the area, and I I also include for the RECORD the Na- ple who have a well-founded fear of per- can speak to this situation. tional Conference of State Legisla- secution based on their political atti- The REAL ID Act turns its back on tures’ letter in opposition and the Na- tudes or their ethnicity or their reli- American values. If this act were to tional Governors Association and gion or their gender, they do not want pass, America would no longer be the American Association of Motor Vehicle to make sure they are able to get asy- beacon of hope for individuals fleeing Administrators’ opposition to this lum, they dump a whole bunch of persecution. Instead, it would block measure. things that have nothing to do with victims of torture and other forms of Additionally, there are others who terrorism in here, not recommended by persecution from being granted refugee are too numerous to mention without the 9/11 Commission Report, and then status in the United States and will de- great prolixity, but I will cite in the try to claim we are simply fulfilling port them into the hands of their per- RECORD some of the organizations that the 9/11 Commission recommendations. secutors. oppose this measure: the AFL–CIO; the Mr. SESSIONS. Mr. Speaker, I yield 2 The asylum process already includes American Jewish Committee; the Anti- minutes to the gentleman from Okla- extensive security checks, and asylum Defamation League; the Asian Amer- homa (Mr. SULLIVAN). applicants are checked against data ican Legal Defense and Education Mr. SULLIVAN. Mr. Speaker, I rise banks with DHS, with FBI, the State Fund; Catholic Charities USA and in strong support of this rule and H.R. Department, and with the CIA. Catholic Bishops; Hebrew Immigrant 418, the REAL ID Act of 2005. The 9/11 Today’s Washington Post reports Aid Society; the Irish American Unity Commission Report stated that the that individuals seeking asylum in this Conference; the Korean American Coa- abuse of the immigration system and a country are often mistreated and in- lition; the Mexican American Legal lack of interior immigration enforce- carcerated with criminals in the name Defense and Educational Fund, and a ment were unwittingly working to- of security as their cases are being footnote, all of the colleagues in the gether to support terrorist activity. processed. Our national policy must House that are Latino and African This bill will establish common-sense not be to add to the sufferings of refu- American have signed on to a letter op- requirements for proof of identification gees. This legislation will compound posing this measure; the National Con- for all driver’s licenses and State- the problem. ference of State Legislatures that I issued identification cards. This would This legislation undermines the bi- just mentioned; the National Council stop the abuse of our asylum system by partisan Intelligence Reform and Ter- of La Raza; the Service Employees terrorist aliens and finish construction rorism Protection Act that we passed International Union; the Arab-Amer- of a border fence that will secure one of just a few months ago. It deletes secu- ican Anti-Discrimination Committee. the most trafficked corridors for illegal rity provisions of the Intelligence Re- And, Mr. Speaker, the Republican Lib- aliens and safeguard the United States form Act that had the overwhelming erty Caucus opposes this measure. Naval base in San Diego, California. support of both parties, including, one, And in addition, thereto, in case We know that all but one of the 9/11 establishing minimum standards for someone thinks that there are a whole hijackers acquired some type of U.S. driver’s licenses and identification bunch of left wing crazies that are out

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H450 CONGRESSIONAL RECORD — HOUSE February 9, 2005 here trying to protect the personal consumers, taxpayers, business concerns and H.R. 418, the ‘‘Improved Security For Driv- rights of individuals, the Gunowners of privacy, all of which must be taken into ac- er’s Licenses and Personal Identification America Association opposes this count while enhancing security and public Cards’’ provision, and H.R. 368, the ‘‘Driver’s measure and the American Conserv- safety. Any federal standards should be nar- License Security and Modernization Act’’. rowly limited to those areas enumerated in While Governors and motor vehicle adminis- ative Union. I would think, then, that the federal Act and should in no way limit trators share your concern for increasing the those 100-plus organizations should the ability of states to innovate to strength- security and integrity of the driver’s license give us a lot of food for thought before en the integrity of document verification and state identification processes, we firmly we proceed. and issuance. believe that the driver’s license and ID card IDENTITY SECURITY, DRIVER’S LICENSES AND NCSL supports the innovative efforts at provisions of the Intelligence Reform and STATE IDENTIFICATION CARDS the state level to address security concerns Terrorism Prevention Act of 2004 offer the with driver’s license issuance. Currently, in- OFFICIAL POLICY STATEMENT best course for meeting those goals. dividual states are considering legislative The ‘‘Driver’s Licenses and Personal Iden- States traditionally have maintained au- and regulatory actions, interstate compacts, tification Cards’’ provision in the Intel- thority over the issuance of driver’s licenses model legislation, intergovernmental agree- ligence Reform Act of 2004 provides a work- and state identification cards. The principal ments, data sharing, standards development able framework for developing meaningful purpose of the driver’s license is to certify through recognized standards-developing en- standards to increase reliability and security individuals to operate a motorized vehicle tities, and enhanced legislative and execu- of driver’s licenses and ID cards. This frame- and to secure automobile insurance. Driver’s tive branch coordination. NCSL will provide work calls for input from state elected offi- licenses also are used for numerous other organizational support to states as they opt cials and motor vehicle administrators in purposes, including proof and verification of to pursue any or all of these or other avenues the regulatory process, protects state eligi- identity and as documents to qualify for a to reform. NCSL will oppose any federal leg- bility criteria, and retains the flexibility variety of commercial, financial, edu- islative or regulatory effort to require states necessary to incorporate best practices from cational, governmental and other services. to adopt specific model legislation or partici- around the states. We have begun to work The driver’s licensing process and related pate in an interstate compact. with the U.S. Department of Transportation regulatory activities are crucial for main- NCSL believes that the federal government to develop the minimum standards, which taining public safety, bolstering security, does have a significant role in assisting must be completed in 18 months pursuant to and reducing fraud and counterfeiting. states with matters regarding non-citizens the Intelligence Reform Act. States have renewed their scrutiny of driv- and their qualification for and use of state- We commend Chairman Sensenbrenner and er’s licenses and have enacted and considered issued driver’s licenses and identification Chairman Davis for their commitment to legislation to strengthen application proc- cards. States need direct links to verifiable, driver’s license integrity; however, both H.R. esses, require expanded proof of identity, timely and accurate date regarding status, 418 and H.R. 368 would impose technological modify qualifications for license and identi- duration of stay, application for change in standards and verification procedures on fication card approval, deter fraudulent ac- status and related information. The expand- states, many of which are beyond the cur- tivity, and bolster privacy protections. ing number of visas, backlogs on applica- rent capacity of even the federal govern- Although states retain authority over the tions for status changes and inability to ei- ment. Moreover, the cost of implementing driver’s license application and issuance ther access or navigate Department of Home- such standards and verification procedures processes, Congress recently passed the In- land Security data systems are among the for the 220 million driver’s licenses issued by telligence Reform and Terrorism Prevention problems requiring resolution so that states states represents a massive unfunded federal Act of 2004 to overhaul the nation’s intel- can administer non-citizen applications for mandate. ligence systems. This legislation included driver’s licenses and identification cards. Our states have made great strides since federal standards for state issued driver’s li- Without these changes, states cannot be ex- the September 11, 2001 terrorists attacks to censes and personal identification cards that pected to, nor be held accountable for, pro- enhance the security processes and require- the states must enact or face the refusal of viding enhanced security in their driver’s li- ments for receiving a valid driver’s and ID federal agencies to accept these documents cense application and issuance processes.* card. The framework in the Intelligence Re- for any official purpose. Although NCSL op- This discussion has rekindled debate and form Act of 2004 will allow us to work coop- posed this federal mandate, NCSL worked concern about the development of a national eratively with the federal government to de- with Congress to ensure that state elected identification card or national driver’s li- velop and implement achievable standards to officials are included on a negotiated rule- cense. NCSL continues to believe that there prevent document fraud and other illegal ac- making committee, which will devise the is no compelling reason to establish such na- tivity related to the issuance of driver’s li- federal standards, to apply the standards tional cards or licenses and will work with censes and ID cards. only to newly issued documents, and to re- Congress and federal officials to ensure that We urge you to allow the provisions in the quire the Secretary of the Department of such an establishment is not achieved—ei- Intelligence Reform Act of 2004 to work. Transportation to identify the cost of the ther intentionally or unintentionally— Governors and motor vehicle administrators federal standards on states prior to their im- through legislation, regulation or rule- are committed to this process because it will plementation. making process. NCSL is committed to preserving the con- allow us to develop mutually agreed-upon NCSL believes that states must establish standards that can truly help create a more gressional intent of the Act by ensuring that am ore cooperative working relationship on state legislatures are represented on the ne- secure America. this issue with the federal government. Sincerely, gotiated rulemaking committee. NCSL Therefore, NCSL supports a federal role in strongly believes that the negotiated stand- RAYMOND C. SCHEPPACH, providing technical support, highlighting Executive Director, ards should provide states with maximum successful models, facilitating discussion flexibility within the framework of the fed- National Governors and providing necessary funding for changes Association. eral Act to implement the standards. NCSL made at the discretion of the states. LINDA R. LEWIS, encourages the Secretary of Transportation NCSL is opposed to any further federal at- President and CEO, to exercise his authority under the Act to tempts including coercion or direct preemp- American Associa- grant states extensions of the effective date tion, to usurp state authority over the driv- tion of Motor Vehi- if they make reasonable efforts to comply, er’s license process or diminish the validity cle Administrators. and NCSL is committed to working with or usefulness of licenses awarded at the state Congress and the Secretary to delay the im- level. NCSL urges the federal government to The SPEAKER pro tempore (Mr. MIL- plementation of the Act if Congress fails to respect the provisions and intent of the Un- LER of Florida). The time of the gen- appropriate funds to implement the stand- funded Mandates Reform Act of 1995. tleman from Florida (Mr. HASTINGS) ards. NCSL further encourages the Secretary has expired. to exercise his authority under the Act to in- AMERICAN ASSOCIATION OF Mr. SESSIONS. Mr. Speaker, I yield clude individuals from organizations that OTOR EHICLE DMINISTRATORS M V A , such time as he may consume to the represent civil liberties and privacy interests February 8, 2005. on the negotiated rulemaking committee. Hon. J. DENNIS HASTERT, gentleman from California (Mr. Although there is a need to strengthen the Speaker, House of Representatives, DREIER), the favorite son from San driver’s license application process and to Washington, DC. Dimas, chairman of the Committee on address inadequacies, states remain best po- Hon. THOMAS DELAY, Rules. sitioned to accomplish these goals. States Majority Leader, House of Representatives, Mr. DREIER. Mr. Speaker, I rise in have direct experience with driver’s license Washington, DC. strong support of this rule, which will formatting, identity verification procedures Hon. NANCY PELOSI, simply allow us to consider general de- and systems, customer service, qualifying Minority Leader, House of Representatives, bate, and in 7 minutes we are going to and insuring drivers, testing potential and li- Washington, DC. censed drivers, and driver training. State DEAR MR. SPEAKER, REPRESENTATIVE be up in the Committee on Rules con- laws and regulations guide these activities. DELAY AND REPRESENTATIVE PELOSI: We sidering a number of those issues that States also are mindful of needs to protect write to express our opposition to Title II of the gentleman from Florida just raised,

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H451 deciding what it is that we will debate who are here in this country illegally. As part of today’s debate, we must realize here on the House floor tomorrow. So And, yes, I am opposed to granting that the Congress needs to address the other the process is still ongoing and Mem- blanket amnesty, as is President Bush, issues with immigration reform now. bers are involved in that, and it is one but I do believe that moving in the di- Broader immigration reform has been out- that we look forward to considering be- rection of some sort of worker program lined by President Bush. I commend him for fore too long. is something that we must look at and his act of leadership. I want to congratulate the gentleman must address. But we are taking a He has outlined the solution and now Con- from Dallas, Texas (Mr. SESSIONS) for proper step in finally doing what we gress must act quickly in crafting legislation. his very strong commitment to all wanted to have incorporated in the 9/11 This bill is our first step in a long journey to homeland security issues, a top pri- Commission package that we passed restore public confidence in an open, wel- ority. out of here, and I congratulate all my coming immigration code. And I will say, Mr. Speaker, that bor- colleagues who have been involved in LET US GIVE THANKS TO OUR IMMIGRANTS der security is a critically important this. [From the Wall Street Journal, Nov. 24, 2004] aspect of the number one priority that Mr. CANNON. Mr. Speaker, I rise today in (By Rupert Murdoch) we have at the Federal level. The five support of the rule on H.R. 418. When B.C. Forbes sailed for America from most important words in the middle of Our Nation’s immigration policy has been of Scotland in 1904, he was following a course the preamble of the U.S. Constitution top concern in recent years, and for good rea- well worn by generations of Scots. are ‘‘provide for the common defense,’’ son. With between eight and twelve million il- I know how the founder of Forbes maga- and securing our borders is a priority, zine must have felt. The Murdochs originally legal aliens in the United States, it is obviously hail from the same part of Scotland. Today, and it should be of any sovereign na- a problem out of control. we are part of the most recent wave of immi- tion. We need to increase border security and fix grants attracted by the bright beacon of The gentleman from Wisconsin (Mr. our immigration laws. We need a system that American liberty. SENSENBRENNER) and I had the privi- will encourage well-intentioned, contributing These days, it’s not always easy to talk lege of serving as conferees last fall as aliens out of the shadows and allow them to about the benefits of immigration. Espe- we sought to implement the rec- pay a reasonable penalty so they can come cially since 9/11, many Americans worry ommendations of the 9/11 Commission. into compliance with the law. about borders and security. These are legiti- Unfortunately, our friends in the other mate concerns. But surely a nation as great Americans are rightly concerned about the as America has the wit and resources to dis- body decided not to include provisions security and the integrity of the Nation’s bor- tinguish between those who come here to de- that would provide guidelines to ensure ders because the system is broken. Some are stroy the American Dream—and the many that the likes of Mohammed Atta who concerned about the possibility of terrorists millions more who come to live it. flew a plane into the World Trade Cen- crossing our borders and coming into our cit- The evidence of the contributions these ter just days before he was to appear in ies. immigrants make to our society is all court because of a traffic violation that But we cannot effectively fight terrorism if around us—especially in the critical area of he had had with a driver’s license, that we fail to make the distinction between them education. Adam Smith, another Scotsman, was something that we felt strongly knew that without a decent system of edu- and busboys and housekeepers. cation, a modem capitalist society was com- should have been incorporated to rec- From 1990 to 2000, the number of U.S. Bor- mitting suicide. Well, our modern public tify that in the 9/11 Commission rec- der Patrol agents nearly tripled, but illegal im- school systems simply are not producing the ommendations. Unfortunately, our col- migration increased by as much as 5.5 million. talent the American economy needs to com- leagues in the other body chose to ig- Increasing enforcement resources to keep pete in the future. And it often seems that it nore that. out willing immigrant workers, as we did is our immigrants who are holding the whole The gentleman from California (Mr. throughout the 1990s, has not worked. It has thing up. In a study on high school students released OSE) worked hard to ensure that we failed, and we need enforcement to be much this past summer, the National Foundation would be able to complete the 31⁄2-mile more narrowly focused on criminals and po- for American Policy found 60 percent of the gap through what is known as Smug- tential terrorists. top science students, and 65 percent of the glers Gulch, an area that is today dev- Today, we are considering H.R. 418. This top math students, are children of immi- astated environmentally because peo- legislation begins the debate on the enforce- grants. The same study found that seven of ple cross the border illegally. Unfortu- ment aspects of immigration and addresses the top award winners at the 2004 Intel nately, our colleagues in the other the narrow issue of driver license security. Science Talent Search were immigrants or body refused to accept that. I have reservations about the gradual move children of immigrants. This correlates with Both of those things were issues that toward what could become a National ID card, other findings that more than half of engi- were of concern to the 9/11 Commission; but this legislation begins to address issues neers—and 45 percent of math and computer scientists—with Ph.D.s now working in the and if we look at the 9/11 Commission necessary to focus efforts in enforcement. U.S. are foreign born. report, they make it very clear that we Mr. Speaker, I intend to vote in favor of H.R. It’s not just the statistics. You see it at need to address these kinds of issues as 418, but while doing so, I suggest that en- our most elite college and university cam- they relate to border security. forcement, border security and immigration re- puses, where Asian immigrants or their chil- So what we decided, of course, at the form must be worked on together. dren are disproportionately represented. And end, as we prepare to implement that, In fact, fixing the broken system requires a a recent study of 28 prestigious American was that we would, as soon as the 109th broader strategy that includes both enforce- universities by researchers from Princeton Congress convened, proceed with pas- and the University of Pennsylvania found ment and the creation of adequate legal chan- something startling: that 41 percent of the sage of this very important aspect of nels for immigration that serve the Nation’s in- black students attending these schools de- our border security and, by virtue of terests. scribed themselves as either immigrants or that, our national security. That is By creating legal channels for those looking children of immigrants. why I think this measure should enjoy for a better life and looking to fill jobs that The point is that by almost any measure of strong bipartisan support. This is an Americans will not fill, we enhance our en- educational excellence you choose, if you’re issue that Democrats and Republicans forcement efforts. The responsible authorities in America you’re going to find immigrants alike can come together on to ensure can focus their resources first on the worst ac- or their children at the top. I don’t just that we do, we do, secure our borders. mean engineers and scientists and techni- tors. cians. In my book, anyone who comes here So I think that we have a wonderful Our immigration laws and policies must re- and gives an honest day’s work for an honest opportunity here to deal with border flect the realities we face today. Our economy day’s pay is not only putting himself closer security. demands workers, but our national security to the American Dream, he’s helping the rest The issue of immigration reform is demands that we identify those lurking in the of us get there too. another question. I am supporting this shadows. As Ronald Reagan said at the Statue of effort on border security in part be- Enhanced enforcement must be the top pri- Liberty, ‘‘While we applaud those immi- cause I am convinced that we will be ority for immigration policy. grants who stand out, whose contributions are easily discerned, we know that America’s able to, down the road and I hope soon, The American people are not anti-immi- heroes are also those whose names are re- address the immigration reform ques- grant. We are concerned about the lack of co- membered by only a few.’’ tion. I happen to believe that it is im- herence in our immigration policy and enforce- Let me share some of these names with portant for us to identify the people ment. you.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H452 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Start with Eddie Chin, an ethnic Chinese Mr. Murdoch is chairman and chief execu- laborers but be unwilling to extend to them Marine who was born a week after his family tive of News Corporation. This is adapted the protection of the law. The undocumented fled Burma. You’ve all seen Cpl. Chin. Be- from a speech he gave last Thursday, in ac- are not ‘‘breaking’’ the law as much as they cause when Baghdad fell, he was the Marine ceptance of the 2004 B.C. Forbes Award. are being ‘‘broken’’ by the law. we all watched shimmy up the statue of Sad- After our country’s unhappy experience dam Hussein to attach the cable that would [From the Orlando Sentinel, Jan. 2, 2005] with Jim Crow ‘‘laws’’ that resulted in the pull it down. IMMIGRATION REFORM: A 3-LEGGED STOOL creation of a large black underc1ass, we Or Lance Cpl. Ahmad Ibrahim. His family (By Bishop Thomas Wenski) should not repeat the same mistake in toler- came to the U.S. from Syria when the first ating the creation of a large immigrant Gulf War broke out. Now Cpl. Ibrahim hopes While not a major theme of last fall’s cam- underc1ass by not affording legal remedies to be deployed to Iraq—also as a Marine—to paign, a debate on immigration reform will that would afford them the protection of law put his Arabic language skills in the service be front and center in the early days of the and the opportunity for upward mobility. of Corps and Country. new Bush administration. Early last year, We applaud the president for recognizing Or what about Cpl. Jose´ Gutierrez, who President Bush acknowledged that our immi- how the present immigration regime hurts was raised in Guatemala and came to Amer- gration system is broken and needs to be both Americans and undocumented immi- ica as a boy—illegally! Cpl. Gutierrez was fixed. For this he deserves credit. Recog- grants in America. The new Congress should one of the first Marines killed in action in nizing that there is a problem is a critical work with President Bush to enact a com- Iraq. As his family told reporters, this young first step toward finding a solution. prehensive solution to our immigration cri- In the past 10 years, more than $20 billion immigrant enlisted with the Marine Corps sis. Only such a ‘‘three-legged’’ comprehen- has been spent on adding Border Patrol because he wanted to ‘‘give back’’ to Amer- sive approach will protect human rights and agents, building fencing and employing tech- ica. prepare our nation for the challenges of the nology to prevent border crossings. During So here we have it—Asian Marines, Arab future. Marines, Latino Marines—all united in the roughly the same period, however, estimates mission of protecting the rest of us. Isn’t on the net number of undocumented entering [From the Sun-Sentinel, Jan. 9, 2005] this what Reagan meant when he said that the country have risen from about 300,000 per FOR DOABLE POLICY the bond that ties our immigrants together— year to about 500,000 per year. More dis- what makes us a nation instead of a collec- turbing is that, in the past five years, more Resolving the dilemma posed by many mil- tion of individuals—is ‘‘an abiding love of than 2,000 migrants have lost their lives per- lions of ‘‘undocumented’’ workers in Amer- liberty’’? So the next time you hear people ishing in remote portions of the American ica requires compromise that few will find whining about what a ‘‘drain’’ on America Southwest. completely satisfying. Temporary work per- our immigrants are, it might be worth ask- And yet those who survive the gauntlet of mits will please neither those who want all ing if they consider these Marines a drain. a dangerous border crossing find work in illegal immigrants deported nor those who Maybe this is more clear to businessmen short order. Our economy needs their man- want another round of amnesty. because of what we see every day. My com- power: the Labor Department projects that, Amnesty is politically untenable, and de- pany, News Corporation, is a multinational by the year 2008, there will be 6 million more porting millions of people is not doable. It company based in America. Our diversity is low-skilled jobs available than Americans would require enormous amounts of money based on talent, cooperation and ability. able to fill them. At the same time, these and manpower from a government that is al- Frankly it doesn’t bother me in the least workers contribute billions to the tax and ready strapped to meet current social obliga- that millions of people are attracted to our Social Security systems. tions and international commitments. shores. What we should worry about is the Truth be told, our current system, instead President Bush told reporters recently day they no longer find these shores attrac- of discouraging undocumented migration, that he wants U.S. Border Patrol agents tive. In an era when too many of our pundits makes it inevitable because adequate provi- chasing ‘‘crooks and thieves and drug-run- declare that the American Dream is a fraud, sions in law do not exist to match up willing ners and terrorists, not good-hearted people it is America’s immigrants who remind us— workers from other countries with unfilled who are coming here to work.’’ The president by dint of their success—that the Dream is jobs here. Work visas for unskilled workers is seeking levelheaded immigration legisla- alive, and well within reach of anyone will- are absurdly small compared to the de- tion that could improve domestic security ing to work for it. mand—5,000 in the permanent system and up and put policy in line with the needs of the We are fortunate to have a president who to 66,000 in the temporary one. Family-unity globalized American economy. understands that. Only a few days ago, the visas can be even scarcer, with waiting times The most sensible approach would offer le- White House indicated that it intended to reas long as 10 years for Mexican families to be gitimacy to those who have worked dili- vive an immigration reform which the presi- reunited with a relative who is a U.S. citizen gently in America, while imposing and en- dent had first offered before 9/11 and tried to or legal resident. forcing tough employer sanctions against revive back in January. We need immigration reform legislation companies that continue to employ undocu- Politically speaking, a guest-worker plan with three major components, akin to a mented workers. This would weaken the so- is no easy thing. But as President Bush real- three-legged stool. The administration plan called magnet effect that lures otherwise izes, we’ll never fix the problem of illegal im- proposed last January addresses only one law-abiding people to jump the border. migration simply by throwing up walls and leg—employment—which is insufficient to Such a policy requires several key provi- trying to make all of us police them. We’ve support the weight on the system. sions. One would obligate illegal immigrants tried that for a decade or so now, and it’s First, any new proposal should feature to come out of the shadows to prove their been a flop. What we need to do first is to means for undocumented long-term residents identities in return for some form of legiti- make it easier for those who seek honest to access permanent residency. Legalization mate status. work to do so without having to disobey our does not necessarily mean amnesty. It can be This type of trade-off serves U.S. interests laws. Fundamentally that means recognizing conditioned on any number of criteria in- by identifying those who are here ‘‘to work,’’ that an economy as powerful as ours is al- cluding—for example, ‘‘sweat equity’’ the un- as the president has said. Bringing them out ways going to have a demand for more work- documented have already accrued through of the woodwork would allow law enforce- ers. their work in the United States. Such a legal ment agents to focus more sharply on catch- Such a policy would benefit us all: It would remedy would stabilize both immigrant fam- ing those who are here to do harm. help those who want nothing more than to ilies and the labor force. A reform bill should take into account the work legally move out of the shadows. It Second, it should reform the employment- brainpower needs of the U.S. economy. There would help our security forces stop wasting based legal immigration system in a way are untold numbers of people around the resources now spent on hunting down Mexi- that increases legal avenues to work while world who are standing in line to legally can waitresses and start devoting them to protecting the rights of both foreign-born enter the United States, and many of these tracking the terrorists who really threaten and U.S. workers. This would permit future would-be immigrants possess skills that us. It would help the economy by providing flows of workers to enter safely and legally American employers need. America with the labor and talent it needs. and reduce deaths at the border. Since the Sept. 11 attacks, this process has Given the tremendous pressures on Presi- Third, the plan should shorten waiting become cumbersome and counterproductive. dent Bush and the considerable opposition times under the family reunification system. Immigration reform should streamline the from within his own ranks, the politically Too often, our current system separates hus- process for granting skilled foreigners access expedient thing for him to do would be to bands from wives and parents from children, to the United States, particularly those well- drop it. But he hasn’t, and I for one am en- a morally unacceptable outcome in a nation suited for workplaces that have a tough time couraged by his refusal to give in. built upon the strength of the family. finding qualified hands. The immigrant editor B.C. Forbes spent Anti-immigrant polemicists ignore the There’s no reason the United States can’t much of the 20th century championing the human tragedy and familial dislocation en- have a policy that promotes safety while glories of American opportunity. We who abled by the status quo, while discounting meeting the needs of the workplace. have arrived more recently likewise will the invaluable contributions immigrants Congress and the White House can find never forget our debt we owe to this land— make to our nation. Americans are, as a suitable resolutions to the security, social and the obligation to keep that same oppor- whole, fair-minded people. We cannot con- and labor quandaries posed by immigration tunity alive in the 21st. tinue to accept the benefits of undocumented if prejudices and stigmas are shoved aside in

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H453 favor of rational proposals that bolster U.S. and prevents the 9th Circuit from further un- from the President of the United security and global competitiveness. dermining our national security. States; which was read and, together Ms. HART. Mr. Speaker, the REAL ID Act DEFENDING BORDERS with the accompanying papers, without completes the mission of the 9/11 Commission In 1996 Congress approved building the 14 objection, referred to the Committee recommendations by implementing common mile long San Diego Border Fence on the on International Relations: sense reforms to strengthen our borders secu- Mexico-U.S. border, right next to a major U.S. To the Congress of the United States: rity and better protect our homeland. Navy base. Consistent with section 1205 of the IMPLEMENTING MUCH NEEDED DRIVER’S LICENSE The San Diego Sector covers an area of National Defense Authorization Act for REFORMS more than 7,000 square miles and contains 66 Fiscal Year 2003 (Public Law 107–314), I Driver’s licenses have become the primary linear miles of international border with Mex- am providing a report prepared by my identification document in the United States, ico. Directly to the south of the San Diego Administration on implementation enabling individuals to get other identity docu- Sector area of responsibility lie the Mexican during 2003 of the plan for securing nu- ments, transfer funds to a U.S. bank account, cities of Tijuana and Tecate, which have a clear weapons, material, and expertise obtain access to federal buildings and other combined population of more than two million. of the states of the former Soviet vulnerable facilities, purchase a firearm, rent a For decades, this area had been the pre- Union. car and board a plane. ferred corridor for entry into the United States GEORGE W. BUSH. Lax standards and loopholes in the current by unknown or undocumented persons due to THE WHITE HOUSE, February 8, 2005. issuance processes allow terrorists to obtain the highly populated cities north and south of f driver’s licenses—often multiple licenses from the border, as well as relatively quick access GENERAL LEAVE different states—and abuse the license for to national transportation hubs such as LAX. identification purposes. Construction of the fence was halted when Mr. SENSENBRENNER. Mr. Speak- The Sept 11th hijackers had, within their radical environmentalists claimed that the area er, I ask unanimous consent that all possession, at least 15 valid drivers licenses was a habitat of a rare bird. As a result, eight Members may have 5 legislative days and numerous State issued identity cards with years later, the fence remains incomplete and within which to revise and extend their a large variety of addresses. is an opportunity for aliens to cross the border remarks and include extraneous mate- Identification documents are the last oppor- illegally. rial on H.R. 418, soon to be considered. tunity to ensure that people are who they say This incomplete fence allows border security The SPEAKER pro tempore. Is there they are and to check whether they are terror- gaps to remain open. We must close these objection to the request of the gen- ists. gaps because they remain a threat to our na- tleman from Wisconsin? The REAL ID Act would require applicants tional security. There was no objection. to provide proof they are in the country legally. The REAL ID Act will require the completion f Currently, eleven states do not have such a of this important security fence. requirement, meaning a majority of states REAL ID ACT OF 2005 have already recognized the need for tighter STRENGTHENING DEPORTATION LAWS The SPEAKER pro tempore. Pursu- standards, but unnecessary and dangerous Under current immigration laws, prohibitions ant to House Resolution 71 and rule gaps in the system still exist. on some terrorist-related activities only apply XVIII, the Chair declares the House in The REAL ID Act would require identity doc- to aliens who are trying to enter the U.S., but the Committee of the Whole House on uments to expire at the same time as the expi- not to those who already reside within our bor- the State of the Union for the consider- ration of lawful entry status, preventing those ders. Therefore, if an alien seeking a visa has ation of the bill, H.R. 418. been found to participate in certain terrorist-re- who have illegally entered or are unlawfully b 1359 present in the U.S. from having valid identi- lated activity, he/she is prohibited from enter- fication documents. ing the U.S. But if an alien is found to have IN THE COMMITTEE OF THE WHOLE States would still issue driver’s licenses and participated in the same terrorist activity in the Accordingly, the House resolved identification cards and would control their U.S., he/she may not be deportable. itself into the Committee of the Whole own driver database. The REAL ID Act would finally make the House on the State of the Union for the CLOSING ASYLUM LOOPHOLES laws consistent by providing that all terrorist- consideration of the bill (H.R. 418) to The 9–11 Commission’s staff report on ‘‘9– related offenses and making aliens inadmis- establish and rapidly implement regu- 11 and Terrorist Travel’’ found that ‘‘a number sible which would also be grounds for their de- lations for State driver’s license and of terrorists . . . abused the asylum system’’. portation. identification document security Examples of Terrorists Abusing Our Asylum The REAL ID Act provides that any alien standards, to prevent terrorists from Laws: contributing funds to a terrorist organization abusing the asylum laws of the United The ‘‘Blind Sheik’’, Sheik Omar Abdel would be deportable. States, to unify terrorism-related Rahman, led a plot to bomb New York City Mr. SESSIONS. Mr. Speaker, I yield grounds for inadmissibility and re- landmarks. Rahman used an asylum applica- back the balance of my time, and I moval, and to ensure expeditious con- tion to avoid deportation to Egypt after all move the previous question on the res- struction of the San Diego border other means of remaining in the U.S. failed. olution. fence, with Mr. CULBERSON in the chair. The 9/11 Commission staff report noted The previous question was ordered. The Clerk read the title of the bill. than an immigration judge held a hearing on The resolution was agreed to. The CHAIRMAN. Pursuant to the Rahman’s asylum claim weeks before his fol- A motion to reconsider was laid on rule, the bill is considered as having lowers bombed the WorId Trade Center. the table. been read the first time. During the Republican Convention last Au- f General debate shall not exceed 1 gust, an illegal alien from Pakistan was picked hour and 40 minutes, with 40 minutes MESSAGE FROM THE PRESIDENT up and arrested for attempting to bomb the equally divided and controlled by the Herald Square subway station and plotting to A message in writing from the Presi- chairman and ranking minority mem- bomb the Verrazano Narrows bridge. He was dent of the United States was commu- ber of the Committee on the Judiciary; quoted as saying that ‘‘I want at least 1,000 to nicated to the House by Ms. Wanda 40 minutes equally divided and con- 2,000 to die in one day.’’ The alien had ap- Evans, one of his secretaries. trolled by the chairman and ranking plied for asylum. f minority member of the Committee on A number of courts, specifically the 9th Cir- Government Reform; and 20 minutes cuit Court has severely undermined current PLAN FOR SECURING THE NU- equally divided and controlled by the authorities by limiting the factors that judges CLEAR WEAPONS, MATERIAL, chairman and ranking minority mem- can consider when assessing the credibility of AND EXPERTISE OF THE STATES ber of the Committee on Homeland Se- an alien seeking asylum. This impairment en- OF THE FORMER SOVIET curity. courages asylum fraud. UNION—MESSAGE FROM THE The gentleman from Wisconsin (Mr. The REAL ID Act would strengthen judges’ PRESIDENT OF THE UNITED SENSENBRENNER) and the gentleman ability to determine whether the asylum seeker STATES from Michigan (Mr. CONYERS) each will is truthful. This provision codifies the factors The SPEAKER pro tempore laid be- control 20 minutes of debate from the immigration judges use to assess credibility fore the House the following message Committee on the Judiciary.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H454 CONGRESSIONAL RECORD — HOUSE February 9, 2005 The Chair recognizes the gentleman ists and criminals who falsely claim Congressional Record during consideration from Wisconsin (Mr. SENSENBRENNER). persecution. of H.R. 418 on the House floor. Mr. SENSENBRENNER. Mr. Chair- Liberal activist judges in the Ninth Sincerely, man, I yield myself such time as I may Circuit have been overturning clearly F. JAMES SENSENBRENNER, Jr., Chairman. consume. established precedent and are preventing immigration judges from deny- b 1400 HOUSE OF REPRESENTATIVES, ing bogus asylum applications by Mr. Chairman, in December, the COMMITTEE ON ENERGY AND COMMERCE, aliens who are clearly lying. If crimi- Washington, DC, February 8, 2005. President signed into law legislation nal juries can sentence a defendant to Hon. F. JAMES SENSENBRENNER, Jr., intended to respond to the rec- life imprisonment or execution based Chairman, Committee on the Judiciary, Wash- ommendations of the 9/11 Commission. on adverse credibility determinations, ington, DC. Unfortunately, the legislation that was certainly an immigration judge can DEAR CHAIRMAN SENSENBRENNER: I under- enacted failed to include several key deny an alien asylum on this basis. It stand that you will shortly bring H.R. 418, provisions critical to addressing is one of the foundations of our system the REAL ID Act of 2005, to the House floor. vulnerabilities found in both the 9/11 of jurisprudence that juries and trial This legislation contains provisions that fall Commission Report and of the 9/11 staff judges should be able to decide cases on within the jurisdiction of the Committee on report on terrorist travel. To that end, the basis of credibility or lack of credi- Energy and Commerce. on January 26th of this year, I intro- bility of witnesses. This bill will again Section 102 of the bill provides the Sec- retary of Homeland Security with the au- duced H.R. 418, the REAL ID Act. The allow immigration judges to deny asy- thority to waive applicable environmental bill, which now has 139 cosponsors, en- lum claims based on the lack of credi- law, such as the Resource Conservation and compasses four of the most important bility. Recovery Act (RCRA) and the Comprehen- border and document security provi- The bill also overturns an even more sive Environmental Response, Compensa- sions that the House overwhelmingly disturbing Ninth Circuit precedent tion, and Liability Act CERCLA, for the pur- approved as a part of H.R. 10 last year. that has made it easier for terrorists to pose of building roads and barriers. As you The goal of the REAL ID Act is receive asylum. The circuit has actu- know, Rule X of the Rules of the House of straightforward. It seeks to prevent an- ally held that an alien can receive asy- Representatives gives the Committee on En- lum on the basis that his or her gov- ergy and Commerce jurisdiction over these other 9/11-type terrorist attack by dis- statutes. ernment believes that the alien is a rupting terrorist travel. The 9/11 Com- I recognize your desire to bring this legis- mission terrorist travel report stated terrorist. lation before the House in an expeditious that ‘‘Abuse of the immigration system Third, the REAL ID Act will waive manner. Accordingly, I will not exercise my and the lack of interior enforcement Federal laws to the extent necessary to Committee’s right to a referral. By agreeing were unwittingly working together to complete gaps in the San Diego border to waive its consideration of the bill, how- support terrorist activities.’’ security fence which is still stymied 8 ever, the Energy and Commerce Committee The report further states that ‘‘Mem- years after congressional authoriza- does not waive its jurisdiction over H.R. 418. bers of al Qaeda clearly valued freedom tion. Neither the public safety nor the In addition, the Energy and Commerce Com- of movement as critical to their ability environment are benefiting from the mittee reserves its right to seek conferees on current stalemate. any provisions of the bill that are within its to plan and carry out the attacks prior jurisdiction during any House-Senate con- to September 11th.’’ Finally, the REAL ID Act contains a common-sense provision that helps ference that may be convened on this or Finally, the report observed, ‘‘If ter- similar legislation. I ask for your commit- rorist travel options are reduced, they protect Americans from terrorists who ment to support any request by the Energy may be forced to rely on means of have infiltrated the United States. Cur- and Commerce Committee for conferees on interaction which can be more easily rently, certain terrorism-related H.R. 418 or similar legislation. monitored and to resort to travel docu- grounds of inadmissibility to our coun- I request that you include this letter in the ments that are more easily detect- try are not also grounds for deporta- Congressional Record during consideration able.’’ tion of aliens already here. The REAL of H.R. 418. Thank you for your attention to ID Act makes aliens deportable from these matters. The REAL ID Act contains four pro- Sincerely, visions aimed at disrupting terrorist the United States for terrorism-related offenses to the same extent they would JOE BARTON, travel. First, the legislation does not, Chairman. does not, try to set States’ policy for be inadmissible to the United States to begin with. The act provides that any Mr. Chairman, I reserve the balance those who may or may not drive a car, alien who knowingly provides funds or of my time. but it does address the use of a driver’s other material support to a terrorist license as a form of identification to a Mr. CONYERS. Mr. Chairman, I yield organization will be subject to immi- Federal official such as an airport myself such time as I may consume. gration consequences. screener at a domestic airport. Mr. Chairman, I rise, regrettably in The REAL ID Act will make America American citizens have the right to opposition to this anti-immigrant leg- a safer place. It is even endorsed by the know who is in their country, that the islation. 9/11 Families for a Secure America, an people are who they say they are, and Mr. Chairman, if we truly believe in association of family members of 9/11 that the name on the driver’s license is all we have heard about the importance victims. of freedom and liberty from our Presi- the real holder’s name, not some alias. I urge my colleagues to support this Second, this legislation will tighten dent and others, then we have no other bill. choice but to vote down this bill which our asylum system, which has been HOUSE OF REPRESENTATIVES, denies so much freedom and liberty to abused by terrorists. The 9/11 Commis- COMMITTEE ON THE JUDICIARY, sion staff report on terrorist travel Washington, DC, February 9, 2005. the immigrants in our own country. states that ‘‘Once the terrorists had en- Hon. JOE BARTON, H.R. 418 includes provision after pro- tered the United States, their next Chairman, House Committee on Energy and vision limiting the rights of refugees, challenge was to find a way to remain Commerce, Washington, DC. imposing onerous new driver’s license here.’’ Their primary method was im- DEAR CHAIRMAN BARTON: Thank you for requirements on the States, unfunded your letter, dated February 8, 2005, regarding mandates, making it easier to deport migration fraud. H.R. 418, the ‘‘REAL ID Act.’’ As you noted, Irresponsible judges have made asy- some of the provisions of the bill contained legal immigrants, waiving all Federal lum laws vulnerable to fraud and in section 102 fall within the Rule X jurisdic- laws concerning construction of bar- abuse. We will end judge-imposed pre- tion of the Committee on Energy and Com- riers and fences anywhere within the sumptions that benefit suspected ter- merce. I appreciate your willingness to forgo United States and denying immigrants rorists in order to stop providing a safe consideration of the bill, and I acknowledge long-standing habeas corpus rights. haven to some of the worst people on that by agreeing to waive its consideration This is a work of art that has to be ex- Earth. The REAL ID Act will reduce of the bill, the Committee on Energy and amined very, very carefully and very Commerce does not waive its jurisdiction critically. the opportunity for immigration fraud over these provisions. so that we can protect honest asylum Pursuant to your request, I will include a If this measure becomes law, this will seekers and stop rewarding the terror- copy of your letter and this response in the close America’s doors to Cubans fleeing

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H455 from their country, religious minori- Finally, Mr. Chairman, this legisla- Supporters of H.R. 418 are afraid that ties attempting to escape religious per- tion strengthens our ability to deport terrorists are using our asylum laws as secution, women fleeing from sex traf- terrorists. Current law makes terror- a means of entering and remaining in ficking, rape or forced abortions. ists inadmissible for certain offenses the United States. This fear has to be Unfortunately, in our history, there but not deportable for those same of- put into perspective. Terrorists are have been a number of examples of this fenses. statutorily barred from asylum eligi- overreaction in the past. For example, Congress can improve homeland secu- bility, and it is not apparent why they during the Civil War, General Ulysses rity by passing this legislation. But if should choose such a complicated, Grant, no less, sought to expel the the administration wants to continue time-consuming method for entering Jews from the South. The aftermath of to protect the lives of Americans, it and remaining in the United States, in World War I brought the notorious Red can also take immediate steps to any event. In addition, large numbers scare, and the very long remembered change policies that have encouraged of advocates, religious organizations anti-immigrant Palmer raids from the illegal immigration. It should start by and others who understand asylum attorney general of that era. Of course, requesting funding for all of the border laws and realize that there are still re- World War II gave us the searing mem- enforcement positions that Congress ligious and political persecution today, ory of the unconscionable internment authorized last year. The President’s realize that this bill is misdirected. of Japanese Americans. budget only requests enough funds for As we stand here on the floor, the In the wake of the 9/11 tragedy, and 210 new border patrol agents, even Committee on Rules is determining even after the PATRIOT Act, which did though Congress authorized 2,000 new whether the Nadler amendment will be its share of violating the rights of agents. admitted that responds to the crisis we those who were in this country, this Further, the administration must face in the asylum laws if this bill is to legislation would even further target start fining employers for hiring illegal be passed in its present form. immigrants for crimes they have not immigrants. Last year it did not fine a We know that the 9/11 hijackers en- committed and for which they are not single employer. The administration tered and remained in the United responsible. also should change its policy of recog- States as nonimmigrant visitors. Vis- At some point we have to treat ter- nizing consular identification cards itor visas only require a 2-minute rorism as a problem that requires in- issued by other countries. These cards interview with an American Consulate telligent response, as opposed to an ex- are simply not secure or reliable. They office. The applicant just has to estab- cuse to scapegoat immigrants. give terrorists and illegal aliens an- lish that he will return to his country For all these reasons, there are so other way to remain undetected in the at the end of the authorized period of many groups lined up behind the Amer- United States. stay. This is much easier than the ican Civil Liberties Union to oppose Mr. Chairman, the REAL ID Act steps required for obtaining asylum. the bill: immigration rights groups, marks the beginning of an effort to I too want to have a kind of orga- civil rights groups, civil liberty organi- make America safer. I hope the admin- nized system that bars terrorists, but zations, private rights groups, labor or- istration will fully support us in this putting into effect a national ID card is ganizations, environmental groups, Na- effort. not what the 9/11 Commission said. In tive American rights, States’ rights Ms. JACKSON-LEE of Texas. Mr. fact, they made it very clear. This leg- and international human rights groups. Chairman, I yield myself such time as islation will force the United States in So, I urge us in good conscience and I may consume. its national database and in its re- serious concern over the direct and the Mr. Chairman, I believe that what we quirement standardizing ID driver’s li- subtle import of this legislation, do today is a matter that could have censes and birth certificates which please, we cannot and should not close been approached in a bipartisan man- puts us on that road without hearings, ourselves off to the most vulnerable ner. As I look at the Members on the without oversight, and without ques- members of our society. floor of the House, each and every one tion of America’s civil liberties. Mr. Chairman, I ask unanimous con- is sincere in their commitment to the I know that the polls and all the sent that the gentlewoman from Texas war on terrorism. And let me applaud phone calls in Members’ offices have (Ms. JACKSON-LEE) be permitted to them for that. I applaud the chairman said we do not want illegal aliens driv- manage the bill on this side of the of the full Committee on the Judiciary. ing cars. Well, do you want individuals floor. Let me applaud the ranking member. A on our highways and byways that are The CHAIRMAN. Is there objection number of Members who are here on not licensed? Are you taking away the to the request of the gentleman from the floor are Committee on the Judici- 10th amendment of the United States Michigan? ary members. I want to applaud them to allow them to be able to standardize There was no objection. for the work that has been done on this those documents? I do believe that we Mr. SENSENBRENNER. Mr. Chair- issue. can standardize them by a biometric man, I yield 21⁄2 minutes to the distin- That is why I believe that the REAL system, but we have intruded on the guished gentleman from Texas (Mr. ID Act could have been addressed in rights of States when they too can SMITH). regular order, the regular order of com- work with the Federal Government Mr. SMITH of Texas. Mr. Chairman, I mittee hearings, the regular order of making the system work. thank the gentleman from Wisconsin taking testimony from governors and I think there are valuable aspects of (Chairman SENSENBRENNER) for yield- legislators and local government offi- this bill; not using certain ID for cer- ing me time. cials. But now the REAL ID Act is an tain Federal purposes, which may in Mr. Chairman, this bill is the first attempt to breathe life into immigra- fact include travel. But the overbroad- step back on the long road to real tion provisions that were stripped from ness of this particular legislation, bar- homeland security. First, this bill pre- the Terrorism Reform and Prevention ring any laws to be utilized in the vents terrorists and others from get- Act. These provisions were viewed as building of a fence, eliminating envi- ting driver’s licenses by requiring ap- controversial then and they are no less ronmental laws, work laws, criminal plicants to prove that they are in the controversial now. laws is overbroad. country legally. Driver’s licenses can Opposition to this legislation at this Lastly, I would say, we are the land be used to board an aircraft, open a time is by no means a reflection on of the free and the brave. We have al- bank account and get a job. To pre- anyone’s commitment to the war on ways welcomed those fleeing from per- serve our security, we must deny ter- terrorism, but the REAL ID Act should secution. This legislation bars that op- rorists the ability to obtain this form have been subjected to hearings and portunity, and I would ask my col- of identification. markups before being brought to this leagues to oppose it and for us to go In addition, this legislation makes it floor. back to the drawing board and work for harder for terrorists to exploit our asy- freedom and the war against terrorism lum system. It also requires the com- b 1415 in a bipartisan way. pletion of the 14-mile San Diego border First of all, it is an unfunded man- Mr. Chairman, I reserve the balance fence, which Congress approved in 1996. date of almost $500 million. of my time.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H456 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Mr. SENSENBRENNER. Mr. Chair- job in 2006 as promised in landmark in- terrorist-related offenses as those that man, I yield 1 minute to the gentleman telligence reforms passed last year and would prevent them from being admit- from Ohio (Mr. CHABOT), the chairman endorsed by the 9/11 Commission. In- ted to the United States in the first of the Subcommittee on the Constitu- stead, the President’s budget provides place. tion. funding for a mere 210 agents, a 90 per- Another deficiency in current law is Mr. CHABOT. Mr. Chairman, I rise in cent cut over the 9/11 Commission rec- based on a flawed understanding of how strong support of the REAL ID Act, ommendations. terrorist organizations operate. and I want to thank the distinguished The truth of the matter is that Re- The Immigration and Nationality chairman of the Committee on the Ju- publicans are using national security Act now reads that if an alien provides diciary, the gentleman from Wisconsin as a facade to alienate law-abiding, funding or other material support to a (Mr. SENSENBRENNER), for his efforts in hard-working, and tax-paying immi- terrorist organization, the alien can es- this matter. It is very important. grants. There are 8 million undocu- cape deportation if they can show that This bill is about common sense. It is mented immigrants in this country he did not know that the funds or sup- about protecting our borders and mak- who are cleaning our offices, caring for port would further the organization’s ing our country safer. The 9/11 Commis- our children and elderly, and picking terrorist activity; i.e., his donation did sion report revealed many dis- the fruits and vegetables that we con- not immediately go to buying explo- concerting facts, none more unnerving sume. Most of these jobs most Ameri- sives. than the fact that all but one of the 9/ cans do not want. Without these immi- As Kenneth McKune, former asso- 11 hijackers who were here temporarily grants, our economy would falter. ciate coordinator for Counterterrorism obtained valid driver’s licenses, ena- What we should be doing is allowing at the State Department, explained, bling them to travel freely about the immigrants a path to citizenship and ‘‘Given the purposes, organizational country. That is absurd, and the Amer- access to driver’s licenses so they be- structure, and clandestine nature of ican people know it. This bill finally come a part of our American system. foreign terrorist organizations, it is does something about that absurdity. This will make our country safer, and highly likely that any material sup- We cannot continue to let our laws be it will strengthen our national secu- port to these organizations will ulti- exploited and circumvented by future rity. mately inure to the benefit of their terrorists to further their plans of vio- We need comprehensive reform that criminal, terrorist functions, regard- lence, destruction, and murder. With supports our economy and values our less of whether such support was osten- the REAL ID Act in place, we can bet- immigrants. If the REAL ID Act is sibly intended to support nonviolent, ter prevent future tragic events from passed today, it will deny driver’s li- nonterrorist activities.’’ occurring. censes to those immigrants and slam Money given to terrorist organiza- Mr. Chairman, I urge my colleagues the door shut on refugees seeking asy- tions is fungible. Senator DIANE FEIN- to pass this critical piece of legisla- lum from blood-thirsty regimes. STEIN has rightly stated that ‘‘I simply America is a country built by immi- tion. do not accept that so-called humani- Ms. JACKSON-LEE of Texas. Mr. grants, and we should remain a coun- tarian works by terrorist groups can be Chairman, I am very pleased to yield 3 try that is opening and welcoming to kept separate from their other oper- minutes to the gentlewoman from Cali- those who seek freedom. It is a sad day ations. I think the money will ulti- fornia (Ms. LINDA T. SA´ NCHEZ), a distin- when Republicans use the pretext of mately go to bombs and bullets rather guished member of the House Com- national security to attack immigrants than babies, or, because money is fun- mittee on the Judiciary. who pose no real threat to our security. gible, it will free up other funds to be (Ms. LINDA T. SA´ NCHEZ of Cali- Americans deserve better, and I urge used on terrorist activities.’’ fornia asked and was given permission my colleagues to vote ‘‘no’’ on H.R. 418. to revise and extend her remarks.) Mr. SENSENBRENNER. Mr. Chair- The REAL ID Act is written so that Ms. LINDA T. SA´ NCHEZ of Cali- man, I yield 2 minutes to the gen- an alien who provides funds or other fornia. Mr. Chairman, I am a proud tleman from Indiana (Mr. material support to a terrorist organization would be deportable unless he daughter of immigrants who is honored HOSTETTLER), the distinguished chair- to serve my country. I consider it a man of the Subcommittee on Immigra- did not know and should not reason- privilege to be able to give something tion. ably have known that the organization back to this country that has given so Mr. HOSTETTLER. Mr. Chairman, I was a terrorist organization. much opportunity to generations of rise in support of H.R. 418, the Real ID Mr. Chairman, I urge the support and immigrants over the years. Act. passage of H.R. 418. Like millions of immigrants here The REAL ID Act incorporates four Ms. JACKSON-LEE of Texas. Mr. today, my family came to this country of the 9/11 Commission recommenda- Chairman, it is my pleasure to yield 3 in search of the American Dream: a tions that are necessary to effectively minutes to the distinguished gen- better life for their children so that protect our constituents from terror- tleman from New York (Mr. NADLER), a their children could receive a quality ists seeking to exploit loopholes in our strong advocate for preserving the Con- education, some day own a home, and immigration system. This bill will stitution. earn a fair wage. close several of those dangerous loop- Mr. NADLER. Mr. Chairman, the sup- I stand before my colleagues today holes. porters of this legislation are com- angered and outraged that under the In addition to providing important pletely correct that obviously real ter- guise of national security, the Repub- Federal security guidelines for driver’s rorist threats exist and we must act lican Party is trying to punish those licenses, the REAL ID Act also in- forcefully to safeguard our national se- seeking the same dreams that my par- cludes other important homeland secu- curity. But this bill is really three or ents sought. If the Republicans and rity measures, including the deport- four or five separate bills entirely, this administration really want to ability of terrorists, preventing terror- some of them unexceptional, some of strengthen national security, they ists from gaming the asylum system, them very questionable. should start, I would think, by pro- and implementing border security Under the excuse of national secu- viding full funding for the Department measures in San Diego. rity, for example, the asylum provi- of Homeland Security. Instead, the ad- Currently, the terrorists and their sions in this bill completely gut the ministration’s budget slashes funding supporters can be kept out of the possibility of many legitimate victims for the COPS program by $480 million United States; but as soon as they set of persecution to be granted asylum. and guts funding for local firefighters foot into the U.S. on tourist visas, we Asylum law is supposed to be about by $215 million. This leaves our first re- cannot deport them for many of the protecting individuals, including sponders without the critical resources very same offenses. This hinders our women and children, from serious they need. ability to protect Americans from human rights abuses; it is not supposed The administration’s budget also those alien terrorists who have infil- to be about seizing on any possible breaks the promise of putting an addi- trated the United States. H.R. 418 basis to deny a claim or return people tional 2,000 border patrol agents on the makes aliens deportable for the same to persecution.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H457 Proponents of this bill have been ing about border security. Sixteen ranking minority member of the Sub- making dramatic claims about terror- years ago, when I left this Chamber, we committee on the Constitution of the ists abusing the asylum system to get were speaking about border security; Committee on the Judiciary. into this country to perform acts of and here we are again. Mr. Chairman, how much time re- terrorism. But since 9/11, in fact, since A fundamental aspect of national mains? the 1996 act, most asylum-seekers are sovereignty is that a nation is able to The Acting CHAIRMAN (Mr. SIMP- in jail while resolution of their cases control its own borders. The nature of SON). The gentlewoman from Texas are pending so they cannot pose a this requirement is of particular im- (Ms. JACKSON-LEE) has 51⁄2 minutes re- threat. What this bill does is to change portance in the post-9/11 environment maining. The gentleman from Wis- the standards by which the judgment is in which we must all live. In years consin (Mr. SENSENBRENNER) has 8 min- made as to whether they should get past, when those of us on the Sub- utes remaining. asylum; but while it is being judged, committee on Immigration confronted Ms. JACKSON-LEE of Texas. Mr. 1 they are in jail. So this has nothing to this challenge, there were traffickers Chairman, I yield 1 ⁄2 minutes to the do with alleviating a threat to this and human cargo and narcotics and the distinguished new member from the country. increasing problem of criminal gangs great State of Florida (Ms. WASSERMAN For example, one provision would who profit from such enterprises. SCHULTZ). Ms. WASSERMAN SCHULTZ. Mr. change current law to require that the Today, however, we must deal with the Chairman, the most troubling aspect of applicant prove that his or her race, re- additional worry that these channels of ligion, et cetera is a central reason in- this bill is that related to asylum. illicit commerce may also include Today’s laws for seeking asylum are stead of merely a major reason for the those who enter our country to kill in- legitimate fear of persecution in order the result of lessons learned after nocent Americans and the related con- World War II. After the war, America to get asylum. This would force asylum cerns of weapons of mass destruction. applicants to prove the state of mind of reflected with shame on how this shin- The Real ID Act, introduced by the ing beacon of democracy and freedom their persecutors. What is the central gentleman from Wisconsin (Chairman reason of several different reasons? It turned its back on 1,000 Jews who fled SENSENBRENNER), is an important step for their lives on the ship called the St. makes it almost impossible to grant in meeting this challenge. In conjunc- asylum. Louis. We turned the St. Louis away, tion with the additional border patrol not even allowing it to dock in Amer- Now, this was not, and some of the positions authorized by this body at points in the manager’s amendment ica. It is estimated that over half of the close of the last Congress, H.R. 418 those refugees eventually died. were not in the bill before us last year. will remove the impediments to com- No one has ever seen some of these pro- Today, in Haiti, Cuba and other pleting the fence along the San Diego visions until yesterday. This provision, countries, thousands face death, reli- corridor of our southern border. at least, and I am gratified that the gious persecution, torture and property Committee on Rules made the amend- b 1430 confiscation. This bill virtually closes ment to be in order by me and the gen- I want to commend my predecessor the door to those who might seek asy- tleman from Florida (Mr. MEEK) and in the Third Congressional District in lum in America. Let us not forget the lessons of his- the gentlewoman from Texas (Ms. California, Mr. Doug Ose, who worked tory. I urge my colleagues to keep the JACKSON-LEE) to strike this section of hard to remove the regulatory obsta- doors open to those seeking justifiable the bill, and in order for it to be passed cles to completion of the fence. refuge. tomorrow so that the Committee on In today’s post-9/11 environment, it is Regarding driver’s licenses, the 9/11 the Judiciary can properly vet this bill one component in an integrated U.S. tragedy has been referred to here on or the asylum provisions can be prop- border security system. There is sim- this floor referencing the terrorists erly looked at and we can deal with it ply no excuse for the failure to com- who obtained driver’s licenses. Let me adequately. plete the remaining 31⁄2 miles of the se- remind my colleagues that this bill This section, in my judgment, would curity fence. The language offered by would not affect that situation at all, subject hundreds, maybe thousands, of our colleague from Wisconsin would as all of the terrorists were in this people to being tortured or abused or allow us to do so. country legally and could have ob- shot because of their race, color, reli- In our system of governance, the tained driver’s licenses regardless of gion, creed, or opposition to a dictato- United States Government and specifi- rial regime back home, because it this law. cally the Congress have given us what We should heed what Florida Gov- would make it impossible for them to is tantamount to plenary jurisdiction get asylum. I think when this House ernor Jeb Bush said last year when he over immigration law. As a former at- was talking about driver’s licenses for examines this carefully, and when the torney general in my State, I can make committee examines this carefully, it illegal immigrants. He said, ‘‘We the observation that in most areas of shouldn’t allow them to come into the will come to that conclusion. Maybe we the law enforcement, the States and out to change the asylum provisions, country to begin with, but once they’re local governments have primary juris- but we ought to do it after careful con- here, what do you do? Do you basically diction. That is not the case with im- sideration. say that they are lepers to society, So I hope that this bill will not be migration enforcement. As a former that they do not exist?’’ passed in its current form, and that my President of the other party put it in a He concluded by saying, ‘‘A policy amendment will be passed so that we different context, ‘‘The buck stops that ignores them is a policy of de- can give proper consideration to some here.’’ nial.’’ I agree and I urge my colleagues of these provisions that do not really Although I am a committed believer to vote against this bill. aid the national security, but do gut in federalism, the nature of the task Mr. SENSENBRENNER. Mr. Chair- protection for people who need those and the language of Article I, section 8, man, I yield 1 minute to the gentleman protections. are clear. While this bill in no way pre- from Indiana (Mr. PENCE). Mr. SENSENBRENNER. Mr. Chair- empts State law with respect to the (Mr. PENCE asked and was given per- man, I yield 2 minutes to the gen- issuance of driver’s licenses, it does en- mission to revise and extend his re- tleman from California (Mr. DANIEL E. tail a modest notion that the immigra- marks.) LUNGREN), our recently returned prodi- tion laws enacted by this body ought to Mr. PENCE. Mr. Chairman, I rise in gal son. mean something. strong support of the REAL ID Act and (Mr. DANIEL E. LUNGREN of Cali- Ms. JACKSON-LEE of Texas. Mr. with a particular sense of gratitude to- fornia asked and was given permission Chairman, I yield myself such time as ward the gentleman from Wisconsin to revise and extend his remarks.) I may consume. (Mr. SENSENBRENNER), who has dog- Mr. DANIEL E. LUNGREN of Cali- Mr. Chairman, I am delighted that gedly brought this legislation to the fornia. Mr. Chairman, I rise in support the gentleman from New York (Mr. Hill for one reason and one reason of H.R. 418. NADLER) has indicated that the amend- only. Twenty-six years ago, when I first ment has been made in order, and I do 9/11 is not theoretical for me. I was came to this Chamber, we were speak- want to acknowledge that he is the here. I was on the Capitol grounds, and

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H458 CONGRESSIONAL RECORD — HOUSE February 9, 2005 my family during the school year lives This multitiered fence, road building, to our colleagues that this legislation in the Washington D.C., area, and like cut and fill, shaving down of mountains is legislation that relates and responds millions of other families in New York will destroy, as I said, an environ- to the crisis in the war on terror. We and Washington, D.C., was imperiled. mentally sensitive area, violate several all are united in that war, but this is As the 9/11 Commission Report stat- sections of the Coastal Act and destroy an immigration bill, and I do believe ed, ‘‘For terrorists, travel documents acres of sensitive habitat and wetlands we should do immigration in a bipar- are as important as weapons.’’ On page and coastline. tisan manner. 390 of the report they point out that This sensitive habitat plays a vital Let me make it very clear, the 9/11 ‘‘All but one of the 9/11 hijackers ac- role in the sustainability of the bina- terrorists would not have been thwart- quired some form of U.S. identification tional ecosystem. Vote down this bill. ed by this legislation. In fact, all 19 of by fraud and that acquisition of these Mr. SENSENBRENNER. Mr. Chair- the 9/11 hijackers had documents to forms of identification assisted them in man, I yield 2 minutes to the gen- enter the country legally. And under boarding commercial flights.’’ tleman from Virginia (Mr. FORBES). this particular legislation, the terror- By bringing this legislation today, Mr. FORBES. Mr. Chairman, I rise ists would not have been prevented the gentleman from Wisconsin (Mr. today in support of the REAL ID Act, from using these documents to obtain SENSENBRENNER) is making my family and I thank the chairman for his cour- driver’s licenses. safer in this post-9/11 America, and also age and hard work on this vital meas- I think the real crux is as was quoted closing asylum loopholes, strength- ure. in the words of Governor Jeb Bush, ening our deportation laws. It is time Over a decade ago, the ability of ‘‘What do you do with them?’’ illegal for Congress to get real and pass the Ramzi Yousef, the mastermind behind aliens who are working in our hotels REAL ID Act and make our families the 1993 World Trade Center bombing and factories, who are working every and our Nation safer. to be granted asylum and to move free- Ms. JACKSON-LEE of Texas. Mr. day in our States and our cities and ly in the country should have signaled our counties? Chairman, I yield 2 minutes to the dis- that something was terribly wrong tinguished gentleman from California The last thing, Mr. Chairman: Do we with our system. It did not, and 8 years remember Bosnia and Kosovo? These (Mr. FILNER), who has been able to de- later, 19 terrorists collectively car- termine the difference between immi- were people seeking asylum. I think we rying a total of 63 valid U.S. driver’s li- have to judge ourselves by reason and gration laws and laws to fight ter- censes, boarded planes to finish rorism; and also his district contains reasonable policy. I join my colleagues Yousef’s work. in working together to secure the the discussed fence. It is now over 3 years since that trag- Mr. FILNER. Mr. Chairman, I thank homeland, but in this instance, this ic September 11th. Today, we are con- does not follow the 9/11 recommenda- the gentleman from Wisconsin (Mr. sidering a vital piece of legislation to SENSENBRENNER) and all of those on the tions. This commission did, in fact, say address three key failures of current Republican side who are so concerned that they wanted secure documents, security policy. First, the REAL ID about my district. I represent the Cali- and identification should begin in the Act mandates standards to obtain driv- fornia border between Mexico and the United States. It did not document or er’s licenses; second, it tightens our United States. indicate in which manner we should be This so-called fence that you want to Nation’s asylum laws, which easily able to do that. allow suspected terrorists into our Na- put in my district is really a giant pub- I would have hoped that H.R. 620, the tion; and finally, it addresses the need lic works project that does enormous Security Measures Feasibility Act, harm. I wish you were equally con- to secure our borders. These concepts are not rocket which would ask the hard questions of cerned about the 50 million gallons of how and what is the best vehicle in sewage that flows into my district that science. The need for these reforms has been reiterated over and over, and in order to be able to establish these se- we should be treating. I wish you were cure documents, would have been the concerned about the legal border cross- expert testimony, in anecdotal evidence from security professionals, in better approach. Now we undermine ings, that take four or five hours some the States’ ability for safety and secu- days. I wish you would be concerned scholarly research and in evidence presented from our Nation’s justice and rity in their own States, and we under- about my local health facilities who mine the very principles of this Nation, treat the undocumented and refund military personnel. But the fact of the matter is, the most compelling reason which are to open the doors for those those dollars. fleeing persecution both in terms of re- But, no, you want to put a public to pass this bill is just plain old common sense. ligious and political persecution. works project in that waives all exist- What about the Cubans? What about ing environmental laws necessary to We can not repeat enough what the 9/11 Commission said: ‘‘For terrorists, the Haitians, the Liberians, the Suda- ensure the construction of roads, bar- nese, the Bosnians? What about those riers, cut and fills, taking down moun- travel documents are as important as weapons.’’ They are right. They also fleeing, as my colleague has indicated, tains. This would result in an enor- our Jewish individuals who were flee- mous waste of millions of Federal and said, ‘‘It is elemental to border secu- ing persecution? I simply say that we State dollars that have already been rity to know who is coming into the have a better way of doing this. I wish contributed to restore and protect this country.’’ we could do it together. area in San Diego, its historical, its Today, more than 9 million people cultural, its environmental resources. have entered the United States outside I hope my colleagues will oppose this Ironically, the United Nations the legal immigration system. The se- bill so we might do this effort in a bi- Ramsar Convention recently bestowed curity chain protecting America is partisan manner. the prestigious label of ‘‘Wetlands of only as good as its weakest link. It Mr. Chairman, I rise in opposition to H.R. International Importance’’ on this does not take a congressman or a na- 418, the REAL ID Act. The REAL ID Act is an 2,500-acre national wildlife refuge and tional security expert to tell you this. attempt to breathe life into immigration provi- state park that you are going to de- Most Americans know that despite the sions that were stripped from the Intelligence stroy. rhetoric we hear against this bill, as Reform and Terrorism Prevention Act. These Now, we know we have to have border long as we ignore the need for border provisions were viewed as controversial then, security. We live right there. You security, we place them and their fami- and they are no less controversial now. The think we want to be overrun with ter- lies at risk. REAL ID Act should have been subjected to rorists? We know what it takes. We I strongly urge my colleagues to vote hearings and markups before being brought to know what a smart border is. And what in favor of the REAL ID Act. the floor. you are suggesting is not a smart bor- Ms. JACKSON-LEE of Texas. Mr. The supporters of the H.R. 418 are afraid der. For a minimal security benefit and Chairman, I yield myself the balance of that terrorists are using our asylum laws as a maximum dollars spent, you will do ir- my time. means of entering and remaining in the United reparable damage to areas along the Mr. Chairman, we are on the floor States. This fear has to be put into perspec- western portion of the U.S.-Mexico bor- today because the representation has tive. Terrorists are statutorily barred from asy- der. been made to the American people and lum eligibility, and it is not apparent why they

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H459 would choose such a complicated, time con- deported as a terrorist. The broad net this study of the consequences that would result suming method for entering and remaining in would create would ensnare innocent people from forcing millions of undocumented aliens the United States in any event. who have made donations or been involved in to drive without drivers’ licenses. The 9/11 hijackers entered and remained in some other way with organizations they did Sheriff Timothy Bukowski of Kankakee, Illi- the United States as nonimmigrant visitors. not know were terrorist organizations. The de- nois, has made an important observation on Visitors’ visas only require a two-minute inter- fense to removal on that basis would be to this matter. According to Sheriff Bukowski, the view with an American Consulate Officer. The demonstrate by clear and convincing evidence issuance of drivers’ licenses is a safety issue, applicant just has to establish that he will re- that you did not know, and should not reason- not an immigration issue. I agree with Sheriff turn to his country at the end of the authorized ably have known, that the organization was a Bukowski, a driver’s license is more than just period of stay. This is much easier than the terrorist organization. This can be an impos- a privilege to the driver, it also is a device that steps required for obtaining asylum, which, sible burden to meet. For instance, how would the States use to make our highways safer. among other things, require the applicant to you prove by clear and convincing evidence Austin Assistant Chief of Police Rudy establish a well-founded fear of persecution on that you did not notice a person who entered Landerso explains it this way. ‘‘[W]e strongly account of race, religion, nationality, member- this room 5 minutes ago? believe it would be in the public interest to ship in a particular social group, or political The REAL ID Act also includes sections on make available to these communities the abil- opinion. security measures for drivers’ licenses and ity to obtain a driver’s license. In allowing this The Intelligence Reform and Terrorism Pre- identification cards. We have already enacted community the opportunity to obtain driver’s li- vention Act established a study to find out the legislation to improve security measures for censes, they will have to study our laws and extent to which terrorists are attempting to use drivers’ licenses and identification cards. The pass a driver’s test that will make them not our asylum laws to enter and remain in the Intelligence Reform and Terrorism Prevention only informed drivers but safe drivers.’’ I would United States and what weaknesses they are Act we just enacted requires the Secretary of just add that it also requires them to have in- exploiting. We need to wait for that information Transportation, in consultation with the Sec- surance. before we consider any bills on revising our retary of Homeland Security, to promulgate The REAL ID Act contains a provision that asylum laws. Changes should be designed to regulations establishing minimum standards would provide the Secretary of Homeland Se- deal specifically with weaknesses that we for driver’s licenses or personal identification curity with authority to waive all laws he know are being exploited. cards issued by a State for use by Federal deems necessary for the expeditious construc- The approach in the REAL ID Act is to raise agencies for identification purposes. Before tion of the barriers authorized to be con- the bar on the burden of proof, which would being published as proposed regulations, the structed by section 102 of the Illegal Immigra- result in a denial of relief to bona fide asylum standards would be subjected to a negotiated tion Reform and Immigration Responsibility seekers without any assurance that the rule making committee that would include the Act of 1996, IIRIRA. To my knowledge, a changes would discourage terrorists from affected stakeholders such as State elected waiver this broad is unprecedented. It would seeking asylum. For instance, in addition to officials and State motor vehicle departments. waive all laws, including laws protecting civil showing that the alleged persecution would be The recommendations of this committee are rights; laws protecting the health and safety of ‘‘on account of’’ one of the enumerated required to include an assessment of the ben- workers; laws, such as the Davis-Bacon Act, grounds, the applicant would have to establish efits and the costs of the measures in the pro- which are intended to ensure that construction that the persecution was or will be ‘‘a central posed regulations. workers on federally-funded projects are paid reason for persecuting the applicant.’’ In ef- In contrast, the REAL ID Act would impose the prevailing wage; environmental laws; and fect, the asylum applicant would have to es- specific requirements on the States now, with- laws respecting sacred burial grounds. It so tablish what was in the mind of the persecutor. out giving the States and the other stake- broad that it would not just apply to the San It is not apparent how this would discourage holders an opportunity to provide input on Diego border fence that is the underlying rea- terrorists from fabricating asylum claims. The what these requirements should be, and with- son for this provision. It would apply any other only certainty is that it would make it more dif- out an assessment of the benefits and costs barrier or fence that may come about in the ficult for bona fide asylum seekers to meet of the measures. If the security measures future. At the very least, we should have a their burden of proof. The unfairness of this were to prove to be impossible or too costly to hearing to consider the consequences of such approach is illustrated by a comment that the implement, it would require an act of Congress a drastic waiver. Honorable Sandra Day O’Connor made re- to change them. I am concerned also by the piecemeal ap- cently about the asylum laws of our country. Before we can address the merits of the se- proach that the REAL ID Act is taking to immi- She said: curity measures that would be required by the gration reform. We need comprehensive immi- The United States offers protection in the REAL ID Act, we need answers to the fol- gration reform, not fixes for a few specific form of asylum to individuals fleeing perse- lowing questions. (1) Are the States capable problems. This view is shared by our col- cution in other nations. In most cases, how- of establishing and implementing the security leagues on the Senate side. Senator JOHN ever, asylum seekers find themselves alone, measures Mr. SENSENBRENNER is proposing? destitute and facing deportation. Asylum MCCAIN has expressed the need to have com- law is governed by a labyrinth of statutes, For instance, his bill calls for two categories of prehensive immigration reform. I have heard regulations, and case law, but, unlike crimi- drivers’ licenses, one for citizens and perma- that he will be working on comprehensive im- nal defendants, only those asylum seekers nent residents and another for aliens who migration legislation with Senator EDWARD who can afford to hire an attorney or who have nonimmigrant status. The licenses for KENNEDY. We can do the same thing in the are fortunate enough to secure pro bono nonimmigrants would be tied to periods of law- House of Representatives. I invite my col- counsel are represented. ful status and extensions of the status. Can leagues who are supporting the REAL ID Act The REAL ID Act would codify the stand- the State motor vehicle departments handle to work with me on comprehensive immigra- ards that adjudicators use in making credibility this increased work load? Will the States be tion reform. In the meantime, however, pas- findings in asylum proceedings. The codifica- able to provide the training needed to evaluate sage of this piece-meal, ill-advised bill would tion would encourage adverse credibility find- the many immigration documents that reflect be a step backwards. I urge you to vote ings against asylum applicants who cannot lawful nonimmigrant status? (2) How much against it. produce corroborating evidence of their ac- would it cost to establish, implement, and The Acting CHAIRMAN. The time of count, or whose demeanor is inconsistent with maintain these security measures? We do not the gentlewoman from Texas (Ms. an immigration judge’s preconceived expecta- have unlimited resources. We cannot evaluate JACKSON-LEE) has expired. tions. This can be very unfair. People fleeing whether these safety measures are worth Mr. SENSENBRENNER. Mr. Chair- persecution often lack the opportunity and the what they would cost unless we know what man, I yield 2 minutes to the gen- ability to secure the legal evidence needed to they would cost. (3) How long would it take to tleman from Iowa (Mr. KING). corroborate their claims, and demeanor is a establish and implement these security meas- Mr. KING of Iowa. Mr. Chairman, I function in some cases of cultural background ures? I have introduced a bill that would es- thank the chairman for yielding me rather than credibility. For instance, it is con- tablish a study to find the answers to these time. I thank the chairman for leading sidered rude in some cultures to stare into an- questions, ‘‘The Security Measures Feasibility on this most important issue. other person’s eyes during a conversation, but Act.’’ On September 11, our Nation suffered the failure to look someone in the eyes indi- The REAL ID Act also would restrict the the most horrible attack ever on Amer- cates deception in this country. privilege of obtaining a driver’s license to ican soil at the hands of those with a The REAL ID Act also would expand the aliens who have lawful status. My Security deep-seated, enduring hatred for free- categories of people who can be excluded or Measures Feasibility Act would establish a dom. Since that day, we have made

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H460 CONGRESSIONAL RECORD — HOUSE February 9, 2005 great strides in improving our Nation’s porary visa will have their driver’s li- The Acting CHAIRMAN. All time for security, but several gaps leave our Na- cense expire as to the date of their debate by this committee has expired. tion vulnerable to attacks, just like visa. For what purpose does the gentle- those we suffered that day. Now, Mohammed Atta, who is the woman from Texas rise? The REAL ID bill would close loop- ring leader of 9/11 murderers, entered Ms. JACKSON-LEE of Texas. Mr. holes and make Americans more se- the United States on a 6-month visa. Chairman, do I have time for a unani- cure. The situation in California where That visa expired on July 9, 2001. He mous consent request? a State environmental commission is got a driver’s license from the State of The Acting CHAIRMAN. The gentle- blocking a national security barrier Florida on May 5, 2001. That was a 6- woman may make a unanimous con- from being finished must be remedied. year driver’s license. Had this bill been sent request. A 3-mile gap remains in a fence which in effect at the time, that driver’s li- Ms. JACKSON-LEE of Texas. Mr. would prevent people from crossing cense would have expired on July 9, Chairman, I yield to the gentlewoman over our southern border in an area and he would not have been able to use from California (Ms. SOLIS) for a unani- that is home to a military base. Half a that driver’s license to get on a plane mous consent request. million people are caught there each because it was an expired ID. Read the (Ms. SOLIS asked and was given per- year trying to get across, and that does bill. mission to revise and extend her re- not include those who get on through. Secondly, relative to the asylum marks.) They are their own environmental issue, what this bill does is two things. Ms. SOLIS. Mr. Chairman, I would problem as well. First of all, it says the burden of proof simply like to submit my statement The REAL ID bill would give the Sec- is on the applicant for asylum to prove for the RECORD on this particular issue retary of Homeland Security the au- that they qualify. What is wrong with in opposition to the REAL ID Act. thority he needs to ensure that our na- that? The burden of proof is on any- Mr. Chairman, I rise today in strong opposi- tional security is not compromised for body who is the plaintiff or an appli- tion of the REAL ID Act. H.R. 418 is mean- dubious environmental concerns. cant in any type of proceeding. They spirited legislation that threatens our national Our asylum system presently wel- have got to prove that they are enti- security by depriving law enforcement officials comes fraud by those who seek to do tled to the relief that they are request- of critical information on many adults who are our Nation harm. The REAL ID bill ing, and I will just read from page 3 of physically present in the United States. The would allow our immigration judges to the bill. driver’s license REAL ID Act will also impose use common sense to protect Ameri- In General. The burden of proof is on additional requirements on states, without pro- cans while still providing a safe harbor the applicant to establish that the ap- viding funding, and interfere with what is inher- for those who truly need refuge in our plicant is a refugee, within the mean- ently a state responsibility. The REAL ID Act country. ing of the law. To establish that the will also raise insurmountable hurdles for refu- It is outrageous that we can keep applicant is a refugee, the applicant gees seeking asylum. people out of this country based upon must establish that race, religion, na- This bill will negatively affect women refu- terrorist links, but the minute they are tionality or membership in a particular gees seeking asylum from honor killings, rape in this country, we cannot deport social group or political opinion was or and sex trafficking, since most women cannot them. The REAL ID bill would fix this will be the central reason for perse- provide direct proof of torture. I do not under- problem, which poses a great danger to cuting the applicant. stand how supporters of this bill can turn their our citizens. So nobody, nobody who falls under backs on victims of sex trafficking in the name Perhaps most importantly, our Na- that definition will be denied asylum of protecting homeland security. tion’s security will remain at risk so under this bill. Finally, I am particularly disappointed that long as we give validity to those who Secondly, it says that in sustaining the authors of this bill have ignored real secu- are in our Nation illegally in the form the burden, it allows the trier of fact, rity threats. Like the need to upgrade the safe- of State driver’s licenses and other the immigration judge in this case, to ty of our chemical and nuclear plants. Instead ID’s. Driver’s licenses in our country determine the credibility of the wit- they have introduced a sweeping new law that are de facto ID cards. They allow peo- nesses. Now, the trier of the fact, allows the Department of Homeland Security ple to blend in, move freely, rent apart- whether it is a judge or a jury in any to unilaterally strip away civil rights, labor, ments, go to work, board airplanes. If other legal proceeding, bases deter- health and environmental laws to build a bor- States do not require some valid form minations on the credibility of the wit- der fence. This will be done without any re- of U.S. Government-issued ID to get a nesses as to what verdict is reached. course for the average American citizen im- driver’s license, any person could walk Without this bill, a person can come pacted by the construction. This doesn’t make in off the street and claim to be a legal before an immigration judge, be deter- our country safer, it just takes away the lib- alien in search of a license, and be mined by that judge that they are erties that make America a model for the granted one. lying through their teeth, and still get world. To say that this is not an issue of na- asylum. That is just flat out wrong, I strongly urge all Members to vote ‘‘no’’ on tional security is beyond the limits of and it is a distortion of the type of ju- H.R. 418. reasonability. The REAL ID bill would risprudence that we have had where The Acting CHAIRMAN. The gen- ensure those to whom we issue govern- court proceedings are supposed to de- tleman from Virginia (Mr. TOM DAVIS) ment IDs and driver’s licenses are in termine exactly what the truth is. and the gentlewoman from the District the U.S. legally and make it more like- There is no one who is lying through of Columbia (Ms. NORTON) each will ly that those to whom we issue ID’s do their teeth that should be able to get control 20 minutes of debate from the not intend to harm Americans. We relief from the courts, and I would just Committee on Government Reform. must close these loopholes. point out that this bill would give im- The Chair recognizes the gentleman I thank the chairman and I ask the migration judges the tool to get at the from Virginia (Mr. TOM DAVIS). Congress to act. Blind Sheik who wanted to blow up Mr. TOM DAVIS of Virginia. Mr. landmarks in New York, the man who Chairman, I yield myself such time as b 1445 plotted and executed the bombing of I may consume. Mr. SENSENBRENNER. Mr. Chair- the World Trade Center in New York, I rise today in support of H.R. 418. I man, I yield myself the balance of the the man who shot up the entrance to want to thank my colleague from Wis- time. the CIA headquarters in northern Vir- consin for his leadership and tireless Mr. Chairman, several speakers on ginia, and the man who shot up the El efforts to secure our Nation’s borders. the other side said that if this bill was Al counter at Los Angeles Inter- Last year, the Congress passed the law at the time of 9/11, it would not national Airport. Every one of these Intelligence Reform and Terrorism have made any difference on what ID non-9/11 terrorists who tried to kill or Prevention Act, enacting into law the terrorists used to get on the planes. did kill honest, law-abiding Americans many of the recommendations made by That is flat out wrong. was an asylum applicant. We ought to the 9/11 Commission. What the bill say is that anyone who give our judges the opportunity to tell Unfortunately, not all of the rec- is admitted to this country on a tem- these people no and to pass the bill. ommendations were included in the

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H461 first round of legislation, which is why standards for Federal acceptance of of H.R. 418. Simply stated, the bill im- we are here today. The gentleman from driver’s licenses and state-issued per- poses costly new requirements on Wisconsin (Chairman SENSENBRENNER) sonal identification cards. The legisla- States that simply cannot be achieved and I committed to working together tion would provide 3 years for States to in 3 years allotted by the bill; and to make sure that one of the first or- come into compliance with these while States may attempt to comply, ders of business considered by the standards if their driver’s licenses are the bill’s unreasonable deadlines and House in the 109th Congress would be to be recognized for Federal Govern- inadequate funding will create confu- to address some of the recommenda- ment purposes and their documents as sion and frustrate the public. tions in our jurisdictions that the Con- proof of an individual’s identity. Congress previously recognized that gress failed to address last year. As the 9/11 Commission concluded, States should play an integral role in I want to use my time today to dis- fraud in identity documents is no implementing new driver’s license cuss the provisions contained in H.R. longer just a problem of theft. As we standards. That is why the 9/11 legisla- 418 that fall within the jurisdiction of continue to strengthen our intelligence tion that we passed just 2 months ago the Committee on Government Reform function to better identify and track directed the Department of Homeland which I chair: security measures for terrorists, those individuals will be Security to consult with the States Federal acceptance of state-issued forced to find ways to conceal their first and then issue appropriate regula- driver’s licenses and personal identi- identity in order to avoid detection. tions. H.R. 418 repeals this sound regu- fication cards, commonly referred to as We know that the 9/11 hijackers used latory approach and leaves the States identity security. the United States as their staging area without a voice. Last year’s 9/11 Commission report for training and preparation in the One of the biggest problem areas is identified a number of gaps and weak- year prior to the attacks, traveling that the bill requires State depart- nesses in our Nation’s intelligence and into and out of and around the country ments of motor vehicles to verify the homeland security systems, providing with little fear of capture. In fact, sev- issuance, validity, and completeness of recommendations for Congress to con- eral of the hijackers lived less than 15 birth certificates with issuing agen- sider in fixing these problems. One of miles away from this building while cies. Currently, birth certificates are the most pressing recommendations making final preparations for their at- not issued or maintained in a uniform proposed by the commission and one tack. We are dedicated to making sure manner. States, counties, cities and lo- that fell within the jurisdiction of the we do not provide such a hospitable en- calities all across the country issue Committee on Government Reform ap- vironment in the future. birth certificates. In fact, experts esti- pears on page 390 of the 9/11 Commis- As chairman of the committee that mate that up to 14,000 jurisdictions sion report. It is the following: oversees federalism issues, I am mind- within the United States currently Secure identification should begin in the ful of concerns about the Federal Gov- issue birth certificates. Many of these United States. The Federal Government ernment imposing burdens on States, jurisdictions do not have automated should set standards for the issuance of birth so-called unfunded mandates. My re- records but keep paper copies at the certificates and sources of identification, sponse is threefold. One is that this is local courthouse. Even if they were to such as driver’s licenses. Fraud in identity a national security issue that requires begin automated records of new births, documents is no longer just a problem of theft. At many entry points to vulnerable fa- a unified national response rather than they would still need to automate mil- cilities, including gates for boarding air- 50 separate responses. Secondly, the lions of preexisting birth certificates. craft, sources of identification are the last legislation authorizes grants to States H.R. 418 also requires States to verify opportunity to ensure that people are who to conform to the minimum standards the issuance, validity and complete- they say they are and to check whether they set forth in the act. Third, I am con- ness of various other documents with are terrorists. fident that these minimum standards various Federal agencies that do not For terrorists, travel documents are will not be a heavy lift for a majority yet have fully automated systems in as important as weapons. The 9/11 hi- of the States in our Nation. It is the place. jackers relied on a wide variety of handful of States that continue to have These requirements will be expensive fraudulent documents. We know that lax security standards more than 3 and time-consuming. Ultimately the the 19 hijackers held 63 driver’s li- years after 9/11 that may have the most databases will be built that will allow censes or ID cards. work to do. States to conduct rapid verification of Based upon guidelines proposed by It is crucial that we do everything we these birth certificates and other docu- State motor vehicle administrators can to enhance the security of the ments; but in most States and local- and adopted by a number of States American people, and this important ities, they do not currently exist, and throughout the country, our com- legislation takes a significant step in the experts say it will take a whole lot mittee worked with other interested frustrating terrorists’ attempts to in- longer than 3 years to create them. stakeholders to craft legislation that tegrate into our society. I urge my col- That is why the bill is opposed by the would establish minimum standards to leagues to support H.R. 418 and States. It is opposed by the National be accepted of state-issued identifica- strengthen identity security. Governors Association, the National tion that could be used for Federal pur- Mr. Chairman, I reserve the balance Conference of State Legislatures and poses. These important provisions were of my time. even the DMV trade association, the overwhelmingly passed by the House as Ms. NORTON. Mr. Chairman, I will American Association of Motor Vehicle part of H.R. 10 and heralded by the 9/11 be managing this bill; but before my Administrators. victims’ families. opening remarks, I yield such time as The best timeline estimate from Unfortunately, the House-passed pro- he may consume to the gentleman State DMVs is that will take 10 to 12 visions critical to strengthening iden- from California (Mr. WAXMAN), and we years for all of the required automa- tity security were dropped from the are fortunate that the ranking member tion to occur. Yet H.R. 418 requires bill in conference. Instead, language of the full committee has come on to verification within just 3 years. was included that would set up a gen- the floor. In the meantime, what will happen? eral framework for a Federal role in Mr. WAXMAN. Mr. Chairman, I States will not be able to issue same- this area, but the language was filled thank my colleague for yielding time day driver’s licenses, the public will be with so many loopholes and opt-out to me. frustrated, and homeland security will clauses for States that it really only I rise today to raise serious concerns not be advanced. made matters worse. with some of the provisions in H.R. 418 In addition to the unworkable nature We find ourselves here today to cor- that have not been thoroughly consid- of the driver’s license provisions in this rect these mistakes and to again enact ered, in large part because the bill was bill, I want to raise my deep concern meaningful reform. H.R. 418 provides not considered by our committee. about section 102 of this legislation. the Congress with this opportunity. No matter what our views are on im- This section provides the Secretary of Our approach is very straight- migration, States’ rights or a national Homeland Security the authority to forward. Our legislation would set ID, my colleagues should carefully re- waive any law for the purposes of forth minimum document and issuance view the driver’s license requirements building immigration barriers along

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H462 CONGRESSIONAL RECORD — HOUSE February 9, 2005 the border. I do not understand why we This legislation also closes a loop- thought that the other side of the aisle need to provide the administration hole which has allowed illegal aliens to extols federalism all the time; yes, with unilateral authority to waive get access to our driver’s licenses. Our even in hard times; and, yes, even when labor laws, State and local laws, envi- message on this issue is clear: if you you are dealing with hard issues like ronmental laws, tax codes and criminal are not in this country legally, then terrorism. laws. you will not be given legal sanctions on So what is happening now? The Se- our roads. If you are in America on a lect Committee on Homeland Security, b 1500 visa, you will be issued a driver’s li- and I am on the committee, is estab- This does not apply just in San cense; but it will expire on the same lishing a committee that includes Diego. It applies throughout the Na- day as your visa. State officials, representatives of State tion. Muhammed Atta, as has been said, driver’s license agencies, and of course I am sad to say this bill presents a came to America on a 6-month visa, officials from the Department of Home- dangerous new precedent. The Federal but he was issued a 6-year Florida driv- land Security so that the Federal Gov- Government has never before had uni- er’s license. I struggled with this issue, ernment is at the table big foot, big lateral authority to waive child labor as the chairman had said. In my former time, not to worry, we are covered, we laws, civil rights laws, and environ- role as the Secretary of State in Michi- are final here. So why shut the States mental laws. For Republican Members gan, where I served as the chief motor out all together? Why not listen to the who want to rein in the unchecked au- vehicle administrator, I was forced to 9/11 Commission and say let us try to thority of the Federal Government, issue drivers’ licenses to illegal aliens. reconcile as much as this before we fly they might want to carefully examine Unfortunately, Michigan is one of the off the handle? this provision, which expands it enor- States that continues this practice. It The issue is not about what to do. mously. I urge my colleagues to oppose has become a State of choice for Let us concede, Mr. Chairman, straight the legislation. illegals to obtain a license. We must up that something must be done. That Mr. TOM DAVIS of Virginia. Mr. stop this practice. is the procedure provided for in the 9/11 Chairman, I yield 2 minutes to the dis- I urge my colleagues to support the bill passed just 2 months ago. We must tinguished gentlewoman from Michi- bill. do something. What to do; how to do it. gan (Mrs. MILLER), a former Secretary Ms. NORTON. Mr. Chairman, I yield The bill lays out how to do it. By Sep- of State of the State of Michigan, myself such time as I may consume, tember 2005, this committee, under the which issues driver’s licenses in Michi- and I sympathize with the gentle- aegis of the Department of Homeland gan, and someone who has been very woman from Michigan that she cannot Security, will provide recommenda- helpful in crafting this bill. get her State to do what she believes is tions, a detailed assessment of the the right thing for her State to do. I Mrs. MILLER of Michigan. Mr. costs and the benefits of its proposals. Chairman, I thank the gentleman from caution those from the States that the By June 2006, a proposed regulation Virginia for yielding me this time, and Federal Government is not the place to based on the committee’s recommenda- I rise today in very, very strong sup- get the States to take appropriate actions, with such changes as should port of the identification reforms that tion. Watch out when you open up that occur by December 2006, the Federal are in this legislation. These reforms, can of worms. agencies will accept only new licenses Mr. Chairman, the ink is not just in my opinion, are extremely necessary that conform with these minimum damp; it is wet on perhaps the most to help us better protect our identity standards. important legislation we passed in the documents and to secure our borders. What is wrong with that procedure? last half century, the bipartisan na- This legislation will help America to What is wrong with that procedure? It tional security or 9/11 law; and H.R. 418, better protect our Nation from those is difficult to find fault with that kind H.R. 368 come along right after to over- who wish to do us harm. No longer will of careful procedure in a Federal repub- we allow terrorists free access to state- turn the law. Why is this bill here? To hear some lic, especially when you consider the issued identity documents as a way to who have preceded me, you would supremacy clause and that the Con- use the tools of our freedom against us. think the 9/11 Commission just left this gress of the United States can overturn No longer will we stand idly by and out. What were they thinking? regulations. So what are you afraid of, watch terrorists harm our homeland. What they were thinking is that this since in fact the ball stops when it State-issued driver’s licenses and is a Federal Republic, and they tried to comes to a matter of national security State identification cards are the most deal with the fact that we were dealing with the Federal Government? widely used form of identification in with a State function and that the Fed- Why are we trying to shut the States the Nation. It is the backbone, quite eral Government was moving in on a out? Why are those who speak up for frankly, of our identity. It provides le- State function that we have had noth- the States whenever it suits their gitimacy to any person who holds this ing to do with before. That is difficult fancy putting down the States now? I form of identification. Driver’s licenses to do. do not agree with everything that is are used in everyday instances, such as So what did they say we should do? happening in the States; I just do not boarding an airplane or enrolling in a The 9/11 bill required just the kind of believe we should pass a piece of regu- flight school. thoughtful rulemaking process that lation that says you are not in this, ex- Does that sound familiar? Well, it this issue needs to keep us from step- cept you better pay for it and you bet- should. Because according to the 9/11 ping all over each other and getting ter do what it takes to enforce it with- Commission Report, all but one of the into needless controversy so that you in 3 years, although experts tell us it 9/11 hijackers acquired some form of bring people to the table and get a will take a dozen years for them to U.S. identification documents, some by workable compromise. Under the proc- even begin to get through competently fraud. All but one of the hijackers used ess in the bill, the States must be at what it is we are asking them to do. a state-issued driver’s license on that the table. What is mandated is a negotiated horrific day. Remember, those are the entities rulemaking process that incorporates Even more frightening is the fact that are mandated to carry out these the practical issues that nobody in this that a regular driver’s license is your procedures. This is an unfunded man- Congress knows anything about, the passport to obtain a commercial driv- date, so they must pay for these proce- issues that the States pass. It is a reck- er’s license, from which then, of course, dures. So you say, let us bring you in. less bill. It would literally undo the 9/ you can then try to obtain a hazardous You are in disagreement, some of you 11 legislation and mandate on this materials license, an endorsement on are like Michigan, some are like other issue. your commercial driver’s license. It is States, but let us sit down and figure it I am asking that we come to an bad enough to think about giving ter- out. If you cannot, then we will have to agreement before we vote down our rorists access to our roadways and our work out a compromise in the Depart- own States on how to proceed, regard- aircraft, but it is unthinkable to give ment of Homeland Security. less of where you stand. Experts are them access to 40,000 gallons of liquid I thought that is the way we did telling us that it will be a dozen years propane, as an example. things in this country, Mr. Chairman. I before the States begin to even come

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H463 into mild conformance with this bill, ceptance of state-issued driver’s licenses and Al Regenhard, Det. Sgt. (retired) NYPD, and yet there will be hearings by the birth certificates. As the Conference Com- Parents of firefighter Christian Regenhard. Members who are on this very floor mittee on the intelligence reform bills be- Joan Molinaro, Mother of Firefighter Carl criticizing the States and calling them gins to consider the identity management se- Molinaro, age 32. curity provisions contained in S. 2845 and Grace Godshalk, Mother of William R. before them to explain why illegals are H.R. 10, we plead with the conferees to re- Godshalk, age 35, WTC, South Tower, 89th still getting licenses in their States. member our murdered loved ones and adopt Floor. How dare they do what we knew they the language of the House-passed bill. Colette Lafuente, Wife of Juan Lafuente, could do in the first place. These provisions would go a long way to- WTC visitor. So I hope you will keep the States at ward closing the loopholes that allowed 19 Wil Sekzer, Detective Sergeant (Retired) the negotiating table and join the Na- terrorists—all of whom had violated our im- NYPD, Father of Jason, age 31, WTC, North tional Governors Association, the Na- migration laws in one way or another—to ob- Tower, 105th floor. tain sixty-three authentic state driver’s li- Bruce DeCell (NYPD, Retired), Father in tional Conference of State Legislatures censes, which allowed them to live here un- law of Mark Petrocelli, age 29, WTC, North in rejecting these bills and retaining noticed while they honed their plot to mur- Tower, 105th floor. the far more thoughtful rulemaking der our loved ones. To us, who have suffered Lynn Faulkner, Husband of Wendy Faulk- process Congress has just passed as horrific grief, loss and rage, it is beyond be- ner, South Tower. part of the historic 9/11 Intelligence Re- lief that even one Member of Congress would Bill Doyle, Father of Joseph, age 24, WTC, form legislation. oppose a law that will stop the next Moham- North Tower. Mr. Chairman, I reserve the balance med Atta from obtaining the ‘‘valid ID’’ that April Gallop, Pentagon Survivor. of my time. will allow him to board an airplane. Diana Stewart, Only wife of Michael Stew- The state-issued driver’s license has be- art. Mr. TOM DAVIS of Virginia. Mr. come the preferred identification document Mr. Chairman, I yield 2 minutes to Chairman, may I inquire of the time on in America. It allows the holder to cash a the gentleman from Virginia (Mr. CAN- each side. check, rent a car or truck, board an airplane, The Acting CHAIRMAN (Mr. SIMP- purchase a firearm, enter a federal or state TOR), the deputy whip, who has been so SON). The gentleman from Virginia building, register to vote, and obtain other active on this issue, and introduced the (Mr. TOM DAVIS) has 13 minutes re- federally-issued documents. Despite the vast first legislation in this House that maining, and the gentlewoman from benefits simple possession of a driver’s li- would have tied visa expiration to a cense now confers on its holder, it is one of the District of Columbia (Ms. NORTON) driver’s license date. the easiest documents to obtain, whether by Mr. CANTOR. Mr. Chairman, I con- has 81⁄2 minutes remaining. citizen or illegal alien, friend or enemy. gratulate the chairman and the Com- Mr. TOM DAVIS of Virginia. Mr. Recognizing this fact, the 9/11 Commission Chairman, I yield myself such time as recommended that, ‘‘The federal government mittee on Government Reform for re- I may consume. should set standards for the issuance of birth porting out this bill that is so impor- Before I recognize the next chairman, certificates and sources of identification, tant that this Congress take action on I wish to respond to the gentlewoman’s such as drivers licenses.’’ We commend the and take action on now. question of why are we doing this. We House for taking the necessary and appro- Of course we need to do this. Of priate action on this important issue. course we need to pass the REAL ID are doing this because the 9/11 Commis- Supporters of the Senate position have ar- sion Report asked that we do it. They Act. Because as the chairman just said, gued that a negotiated rulemaking process is certainly all of us who board planes made it a priority. We are doing it be- the appropriate action to take in order to es- cause our committee, the committee tablish minimum standards. We could not want to know that there is some integ- the gentlewoman sits on, the one I disagree more strongly, knowing that inevi- rity to our ID system in this country chair, authorized this last year and the tably the final rules will lack any teeth. The and that terrorists are not boarding House overwhelmingly passed this last standards included in H.R. 10 come directly planes by the use of a state-issued iden- year. from the State Administrators of these pro- tification card. This is not conjecture. grams and from law enforcement, developed This is what happened on 9/11. This is The 9/11 victims’ families have a let- since the terrorist attacks on our nation and ter that also requests this. And we are what the 9/11 Commission suggested founded on long-standing principles and best that we take action on, and this is doing it because when I get on an air- practices. plane and somebody shows an ID to get We believe it is perfectly appropriate for what we are here doing today. on the airplane, I would like to know Congress to establish baseline standards and As the chairman suggested, I am they are who they say they are. I think give authority to the Secretary of Homeland proud to say that in 2003 Virginia, every other American would like to Security and the Secretary of Transpor- under the leadership of former Attor- tation to work with the States and issue reg- ney General Jerry Kilgore, acted to have that assurance in safety as well. ulations on how individual States can come And by the way, we do not tell the close this dangerous loophole. The Gen- into compliance. This is particularly true be- eral Assembly passed and the Governor States what to do. They can issue a li- cause experience in many States has shown cense to whoever they want to issue a that implementation of these standards in- signed into law a provision which re- license to. But if they want to use that volve minuscule financial costs. Also, states’ quires the minimum standard, which State license for Federal purposes, like rights issues are in no way infringed since says that anyone applying for a license getting on an airplane, they are going H.R. 10 only affects federal non-recognition in Virginia must have legal status in to have to be able to show that the peo- for federal purposes of licenses from noncon- this country; that they must have a forming states. ple are who they said they were. visa; and that the license that would be Congress has promised us repeatedly that issued would coterminate with the ter- Also, Mr. Chairman, we worked with they would honor our loved ones who were the American Association of Motor Ve- murdered three years ago by enacting re- mination or expiration of that visa. hicle Administrators in crafting this forms to ensure that Americans will never This is just common sense. Why do legislation, and 3 years is ample time. again face the same horror. The House provi- we want terrorists to have a license Mr. Chairman, I submit for the sions on identity management security are issued by a State to go and board our RECORD, the letter of the victims’ fami- vital in this effort, and we urge you to op- airplanes and commandeer those air- lies, which I just referred to: pose the Senate language, which will protect planes into a building? It is time for a status quo that aided the murderers who Congress to act, to provide and man- 9/11 FAMILIES FOR A tore apart our families on September 11, 2001. date a minimum standard for States SECURE AMERICA, In the names of our dead and ourselves we New York, NY, October 19, 2004. ask you: how much longer will you permit when they issue State IDs, including Hon. TOM DAVIS, terrorists to obtain drivers’ licenses? For driver’s licenses, to require that indi- Chairman, Committee on Government Reform, what reasons can you possibly oppose such viduals who have that privilege be here House of Representatives, Washington, DC. an essential law? in this country legally. DEAR CHAIRMAN DAVIS: 9/11 Families for a And to those of you who are opposed: are Mr. Chairman, I thank the gentleman Secure America, comprised of the families of you prepared to accept the responsibility for from Virginia (Mr. TOM DAVIS) for his hundreds of the victims of the September 11 the next 9/11 terrorists who utilize US-issued leadership on this, and I urge passage terrorist attacks, are writing to express the drivers licenses? support of our members for the provisions in Sincerely, of the REAL ID Act. H.R. 10, the 9/11 Recommendations Imple- Peter Gadiel & Jan Gadiel, Parents of Ms. NORTON. Mr. Chairman, I yield mentation Act, to establish minimum docu- James, age 23, WTC, North Tower 103rd myself such time as I may consume to ment and issuance standards for federal ac- Floor. make a point of correction. What we

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H464 CONGRESSIONAL RECORD — HOUSE February 9, 2005 are doing today is not mandated by the It is ironic, Mr. Chairman, that while Instead, it would prevent people from 9/11 Commission, nor is it mandated by we have our soldiers in uniform pro- fleeing persecution, from obtaining re- the law we passed. It is contrary to the tecting democracy, we are giving it lief, making our highways more dan- law we passed. It is mandated by the away under this bill. gerous and undermine our security. fact that we held up the law we passed Mr. TOM DAVIS of Virginia. Mr. Section 102 of this bill would elimi- and it was promised to two chairmen. Chairman, I yield myself such time as nate Homeland Security and border pa- Mr. Chairman, I yield 21⁄2 minutes to I may consume. trol’s responsibility to inform and in- the gentleman from Massachusetts I note on page 390 of the 9/11 Commis- volve communities in proposed con- (Mr. LYNCH). sion Report, it recommends secure struction projects along the entire U.S. Mr. LYNCH. Mr. Chairman, I thank identification should begin in the border and the requirement to consider the gentlewoman for yielding me this United States. The Federal Govern- less harmful alternatives to proposed time, and I rise in opposition to the so- ment should set standards for the actions. called REAL ID Act of 2005. issuance of birth certificates and This would allow Homeland Security Mr. Chairman, while I have enormous sources of identification such as driv- to operate in secrecy in critically im- respect for the gentleman from Vir- er’s licenses. portant areas such as Cabeza Prieta ginia, the chairman of the full com- Mr. Chairman, I yield 11⁄2 minutes to and Buenos Aires National Wildlife mittee, I must take exception to the the gentlewoman from Tennessee (Mrs. Refuge and Organ Pipe National Monu- assertions that have been made by a BLACKBURN). ment that are all in my district. Many lot of speakers here today that some- Mrs. BLACKBURN. Mr. Chairman, of our most precious wildlife depend how this bill will prevent or would our committee chairman is exactly upon protected public lands along U.S. have prevented the 9/11 attacks from right; we can go to page 384 in the 9/11 borderlands for migration corridors be- occurring. I just want to point out that Commission Report. And I encourage tween countries. regardless of the number of licenses all of my constituents to do this, look In addition, this section would waive that the terrorists held on September at this: ‘‘For terrorists, travel docu- laws requiring consultations with Na- 11, they were all obtained because ments are as important as weapons.’’ tive nations regarding activities on those individuals were in the country And what is the number one travel doc- tribal lands, grave sites or archae- legally on student visas. And student ument? It is a driver’s license. It is a ological and sacred sites. visa holders in the future, even after huge gaping hole that we have. That is Finally, in a rush to deport anyone, H.R. 418 would deny due process for im- this act is passed, will still have the why it is imperative that we pass the migrants and asylum seekers. This is opportunity to get licenses. So that ar- REAL ID Act today and we set a na- un-American. It is against what we gument is indeed bogus. tional standard. But I want to talk about the most stand for, and it is against what we are Maybe that is just too much common egregious parts of this bill. Under this asking the world to replicate in democ- sense for some of my friends that do bill, it would allow the Secretary of the racy across this Earth. not want us to do that, but if someone Department of Homeland Security to Mr. TOM DAVIS of Virginia. Mr. is going to use a travel document as a nullify all of our laws while fulfilling Chairman, I yield 2 minutes to the gen- driver’s license and use it as a way to his responsibilities under the scope of tlewoman from North Carolina (Ms. circumvent our laws and harm our citi- this act. And putting aside the schizo- FOXX). zens, then it is imperative that we phrenic immigration policy we have Ms. FOXX. Mr. Chairman, I rise close that loophole. Having standards heard from the Republican Party, you today to voice my strong support for that all the States would follow is a have a President that wants to have the REAL ID Act, particularly its pro- open borders and basically amnesty to great way to close that loophole. visions calling for stronger standards I would encourage my colleagues to allow open borders for low-wage work- for obtaining driver’s licenses. Page 47 support the REAL ID Act. ers to come in, and then you have a Re- of the 9/11 Commission Report, ‘‘With- I thank the gentleman from Virginia publican House that is saying that all out freedom of movement, terrorists (Chairman TOM DAVIS) for his good those coming in must not have li- cannot plan, conduct surveillance, hold work on this issue, and I encourage our censes. They must be pedestrians. meetings, train for their mission or constituents to read this report and see execute an attack.’’ b 1515 the importance of the actions that we Others have argued that the proposal Mr. Chairman, under this act, what are taking today. involves an unprecedented preemption this means for American citizens is, Ms. NORTON. Mr. Chairman, I yield of State authority regarding the our civil rights laws will be set aside myself such time as I may consume. issuance and production of driver’s li- under this bill. Our nondiscrimination I just want to say to the chairman censes. This is untrue. Let me be clear: laws will be set aside under this bill. that I could not agree more that the 9/ We are not preempting State authority Our health and safety laws will be set 11 Commission mandated secure identi- in this area. What we are doing is es- aside under this bill. Our environ- fication standards by the Federal Gov- tablishing minimum standards for Fed- mental laws will not apply under this ernment, and that is exactly what the eral acceptance of such documents. bill. And child labor laws will not apply 9/11 bill provides after rulemaking with This is consistent with actions taken under this bill. Most troubling of all, the States at the table. What is being by individual States. Today, Nevada the public bidding laws of this country proposed is a unilateral process. and New Mexico do not accept as proof will not apply under this bill for this Mr. Chairman, I yield 11⁄2 minutes to of identity a State-issued driver’s li- project. the gentleman from Arizona (Mr. cense or identification card from Right now on the committee that I GRIJALVA). States that do not meet their stand- serve with the esteemed chairman, we Mr. GRIJALVA. Mr. Chairman, I rise ards. are investing no-bid contracts that today in strong opposition to H.R. 418. The federalism issue is one of ex- were given to Halliburton. We have I am deeply concerned about several treme importance, and that is exactly millions of dollars in overcharges to aspects of this proposed legislation. why the language has been crafted as it the United States taxpayer, we have This legislation, if passed, would be a has. Driver’s licenses have become the bribery charges, and we are doing all terrible setback with regards to three primary form of identification in the kinds of investigation on that no-bid. critical areas: defending the people of United States. They permit people to There is no reason that the civil the United States from terrorism, due apply for other forms of identification, rights laws and the public bidding laws process for immigrants, and environ- transfer funds to bank accounts, obtain should be set aside. If that were not the mental protection. The bill would undo access to Federal buildings, purchase most extreme example, they have re- security provisions that were passed firearms and board airplanes. moved any opportunity for judicial re- just last year under the Intelligence The majority of the States have rec- view under this act. There will be no Reform Act. ognized the privilege that a license review of the Secretary’s action in set- Families of September 11th victims brings and have set high standards for ting aside all of those laws, no restated the impact of this legislation obtaining them. However, 10 States, in- course. will not make us safer from terrorism. cluding my State of North Carolina,

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Moreover, the cost of implementing According to the 9/11 Commission Re- such standards and verification procedures strong supporter of the intelligence report, these travel documents are just for the 220 million driver’s licenses issued by form legislation passed last year, but as important as weapons are to terror- States represents a massive unfunded Fed- when I voted for it, I believed we need- ists. eral mandate. ed to go further in several areas, in- The REAL ID Act would require that Our States have made great strides since cluding strengthening driver’s license Federal agencies accept only driver’s the September 11, 2001 terrorists attacks to guidelines. licenses and State-issued identification enhance the security processes and requirements for receiving a valid driver’s license In my home State of Connecticut, we cards from States that prove the legal and ID card. The framework in the Intel- take strong steps to ensure the integ- status of applicants. The bill would ligence Reform Act of 2004 will allow us to rity of our identification cards, but we also require States to review the legal- work cooperatively with the Federal govern- are not perfect. To receive a driver’s li- ity of existing license holders upon re- ment to develop and implement achievable cense in Connecticut, you must prove newal or replacement. The bill does not standards to prevent document fraud and you are a legal resident of the State, seek to set State policy for who may or other illegal activity related to the issuance and you are not a legal resident of the of driver’s licenses and ID cards. who may not drive a car. It aims to set We urge you to allow the provisions in the State if you are not legally present in rigorous standards for what may be Intelligence Reform Act of 2004 to work. the United States, period. used as a form of ID to a Federal offi- Governors and motor vehicle administrators This is common sense to me. Driver’s cial. are committed to this process because it will licenses are verifiable forms of identi- As I have stated before, I am a strong allow us to develop mutually agreed-upon fication in the United States. Pro- advocate of States’ rights. However, if standards that can truly help create a more viding such identification cards to peo- certain States act irresponsibly and secure America. ple who are illegally present in our Sincerely, place the national security of the rest country presents serious concerns. RAYMOND C. SCHEPPACH, of the country at risk, then Congress Executive Director, The problem, however, is that not all must get involved. We must do what it National Governors States maintain this high standard. takes to make America safe. Association. That means that someone who is ille- Ms. NORTON. Mr. Chairman, I yield LINDA R. LEWIS, gally present in the United States and myself such time as I may consume. President and CEO, takes advantage of a weak law in an- Mr. Chairman, my good friend al- American Associa- other State can obtain a driver’s li- luded to the support of the American tion of Motor Vehi- cense and use the document to identify cle Administrators. Association of Motor Vehicle Adminis- him or herself in the State of Con- trators, and I include for the RECORD Ms. NORTON. Mr. Chairman, I yield 1 necticut. They can also use that docu- their letter indicating that they oppose minute to the gentleman from Virginia ment to access Federal buildings, rent both bills that are before us. (Mr. MORAN). a vehicle or get on a plane. Mr. MORAN of Virginia. Mr. Chair- NATIONAL GOVERNORS ASSOCIATION, Tightening access to State-issued man, the problem with this bill is that AND AMERICAN ASSOCIATION OF identification cards is an important it is an immigration bill posing as an MOTOR VEHICLE ADMINISTRATORS, and necessary improvement for our identification bill. Instead of listening February 8, 2005. homeland security. Many Members to what the States told us needed to be Hon. J. DENNIS HASTERT, have raised concerns about the impact Speaker, House of Representatives, done to make driver’s licenses more se- of driver’s license provisions in H.R. 418 Washington, DC. cure, what we have done is to basically in our home States. Connecticut Gov- Hon. THOMAS DELAY, make State motor vehicle employees Majority Leader, House of Representatives, unwitting immigration agents. It does ernor Jodi Rell stated, ‘‘In my view, if Washington, DC. little to improve homeland security, a noncitizen is lawfully in this coun- Hon. NANCY PELOSI, try, he or she should be able to obtain Minority Leader, House of Representatives, and it is certain to prove overwhelming and ineffective. a driver’s license for the time frame in Washington, DC. which he is lawfully allowed to be here. DEAR MR. SPEAKER, REPRESENTATIVE Now, I support what the gentleman Conversely, if someone is in this coun- DELAY AND REPRESENTATIVE PELOSI: We from Virginia (Chairman TOM DAVIS) is write to express our opposition to Title II of trying to do to improve the integrity of try illegally, he or she should not be H.R. 418, the ‘‘Improved Security For Driv- driver’s licenses, but I find it curious able to obtain a driver’s license in Con- er’s Licenses and Personal Identification that the leadership of the House has necticut or any other State.’’ Cards’’ provision, and H.R. 368, the ‘‘Driver’s chosen to largely ignore the multiple I could not agree more with her. License Security and Modernization Act’’. references in the 9/11 Commission Re- Frankly, most of our constituents While Governors and motor vehicle adminis- could not agree more with her. trators share your concern for increasing the port to the value of on-card biometric technology in improving the integrity Let me raise one other point about security and integrity of the driver’s license this legislation and commend the and State identification processes, we firmly of identification cards. The problem is believe that the driver’s license and ID card that these digital images are not suffi- chairman for including this provision. provisions of the Intelligence Reform and cient. Matching the image with the A legally present visitor to the United Terrorism Prevention Act of 2004 offer the face is more prone to error than the States can obtain a driver’s license in best course for meeting those goals. technology that would use biometric Connecticut, as he can in other States. The ‘‘Driver’s Licenses and Personal Iden- data. Two fingerprints transformed However, in Connecticut we issue li- tification Cards’’ provision in the Intel- into numeric algorithm, that works. censes for 6 years at a time. In that ligence Reform Act of 2004 provides a work- What we have here does not work. I time, visitors can leave and come back, able framework for developing meaningful standards to increase reliability and security think we are going to find the States whether legally or illegally, an untold of driver’s licenses and ID cards. This frame- letting us know that. Unfortunately, it number of times. During subsequent work calls for input from State elected offi- will be too late. We will miss an oppor- visits, this person can continue to use cials and motor vehicle administrators in tunity. the license for whatever purpose he or the regulatory process, protects State eligi- Mr. TOM DAVIS of Virginia. Mr. she wants. This is wrong. Frankly, it is bility criteria, and retains the flexibility Chairman, I look forward to working stupid. necessary to incorporate best practices from with the gentleman from Virginia (Mr. Requiring a temporary ID for persons around the States. We have begun to work MORAN) on this issue as we move for- temporarily in our country is a no- with the U.S. Department of Transportation ward. brainer. I do not think Mohammed to develop the minimum standards, which Mr. Chairman, I yield 3 minutes to must be completed in 18 months pursuant to Atta would like it, but, I do not care the Intelligence Reform Act. the gentleman from Connecticut (Mr. what he wants. SHAYS), the chairman of the Sub- We commend Chairman Sensenbrenner and b 1530 Chairman Davis for their commitment to committee on National Security. driver’s license integrity; however, both H.R. Mr. SHAYS. Mr. Chairman, welcome Ms. NORTON. Mr. Chairman, I yield 418 and H.R. 368 would impose technological to the world of Mohammed Atta: Legal myself such time as I may consume. I

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H466 CONGRESSIONAL RECORD — HOUSE February 9, 2005 do want everybody to know what we tacked our Nation on September 11 the provisions of this act, no member are voting on here. We oppose this bill. possessed valid driver’s licenses and of Congress, no citizen could do any- We favor the 9/11 intelligence bill many other state-issued identity cards. thing about it because you waive all ju- passed 2 months ago. That requires The REAL ID Act would require ap- dicial review. that driver’s licenses be issued under plicants to prove that they are in this Now, bear in mind you are giving this Federal standards; that is Federal law. country legally. The debate here some- authority to the head of Homeland Se- After the States have had an oppor- what surprises me because I bet if you curity, hardly a paragon of sensitivity tunity to have some input, the final asked the American people if in order and efficiency. Anybody who stands in would be a Federal bill. The only dif- to get a driver’s license, if you have to those lines week after week or watches ference between us and those on the prove that you are in this country le- the bizarre color-coded warning system other side is they want to keep the gally, overwhelmingly I believe the knows that that is hardly the exem- States out of the process all together. people in this country would believe plar. Mr. Chairman, I yield 1 minute to the that not only is it the right thing to do Security at the borders is important; gentleman from Texas (Mr. GONZALEZ). but they would be surprised to find out and if somebody has a problem with Mr. GONZALEZ. Mr. Chairman, I rise that it is not already a requirement. building a security fence, by all means, in opposition to H.R. 418. The first The 9/11 commission stated that all Congress should deal with it. But as far thing is America will not sleep any but one of the 9/11 hijackers acquired as I know, no committee has been more securely with the passage of this some form of U.S. identification, and called upon to do that yet. There are piece of legislation, as well intended as that for terrorists travel documents important waiver provisions that are it may be, because I am not going to are as important as weapons. And their available. But waiving all laws for con- question the motives of my colleagues recommendation stated secure identi- struction is an inappropriate decision. on the other side of the aisle. But why fication should begin in the United And with all due respect, it is a dan- do a useless thing? Why would the States. The Federal Government gerous precedent that anybody on ei- State legislatures, why would the should set standards for the issuance of ther side of the aisle should be deeply State Governors, why would every birth certificates and sources of identi- offended by. Latino advocacy group come against fication such as driver’s licenses. The Acting CHAIRMAN. The gen- this? Why would the National Council Last year as we heard the steady tleman from Virginia (Mr. TOM DAVIS) of Bishops here in the States come out beat to implement the 9/11 Commission has 11⁄2 minutes remaining. against this? It is for various reasons. recommendations, certainly, their rec- Mr. TOM DAVIS of Virginia. Mr. But they all acknowledge that there is ommendation that the Federal Govern- Chairman, I yield 1 minute to the gen- not a conspiracy going on here to ment have standards for driver’s li- tleman from San Diego, California (Mr. thwart the efforts at security by these censes is something that we ought to CUNNINGHAM). groups. No one would accuse these indi- enact, and I support this bill. Mr. CUNNINGHAM. Mr. Chairman, I viduals of that, because this does not Ms. NORTON. Mr. Chairman, how reject the statement made a minute do anything. It only burdens the State much time do I have remaining? ago that this is an anti-immigration and does not get us anywhere. The Acting CHAIRMAN (Mr. SIMP- bill. I support the Sensenbrenner bill. I But more importantly, and I really SON). The gentlewoman has 2 minutes think security is a national issue. But believe this, this is an anti-immigrant remaining. to suggest that this is an anti-immi- bill in the guise of some sort of secu- Ms. NORTON. Mr. Chairman, I yield grant bill is, in my opinion, wrong. We rity consideration, which it does not the last 2 minutes to the gentleman support legal immigration into this further. from Oregon (Mr. BLUMENAUER). country. It is what has made this coun- And so we ask, who are these immi- Mr. BLUMENAUER. Mr. Chairman, I try so great. But we also need to take grants? I have a simple answer for all appreciate the gentlewoman’s courtesy of us. Look in the mirror. That is who care of security. in permitting me to speak on this, and If you want to come in on a visa, you we are talking about. We all got here I agree with her very strongly. Make want to come in to be a citizen, sup- one way or another, some earlier than no mistake, our side of the aisle is sup- others. We are all immigrants. What port it. But if you are here illegally, it portive of this legislation. We want to this bill is really about is not bad peo- is wrong. work with the State and local authori- Each year I have one family, just last ple coming into this country to do bad ties first to do it right. These are the year, the father survived. The wife things to this country. It is about pre- people who feel these concerns every venting good people coming into this died. He lost a child to illegal immi- bit as strongly as Members of Congress. country to do good things. grants. I wish that was the only case. Mr. TOM DAVIS of Virginia. Mr. In fact, they are on the line every day Each year we have several of these. Il- Chairman, I am happy to yield 2 min- providing for the safety and security of legal immigrants driving and causing utes to the gentleman from Ohio (Mr. our constituents in a much more im- accidents, and people say, well, they TURNER), the former mayor of Dayton mediate sense than we are. Do not be are here; they have got to go to work. and chairman of our Subcommittee on afraid to work with them. Well, they will go to work if we can get Technology, Information Policy, Inter- But with all due respect to the gen- them to be legal. But not if they are governmental Relations and the Cen- tlewoman from the District of Colum- here illegally. If they are in this coun- sus. bia, I have one other provision that try illegally, they need to go out and Mr. TURNER. Mr. Chairman, I thank deeply offends me as a former elected come back legally with a visa or proper the gentleman for his leadership on official, as a Member of this body and method. this most important issue affecting our somebody who believes in checks and And that is why I support the Sen- country. I am a cosponsor of the REAL balances. senbrenner bill, to make sure we do not ID Act that calls for necessary reforms I look at section 102. I wish that it have metricula cards, we do not have in our driver’s license processes to were buried in the legislation, but it is driver’s licenses to illegals, and that make it harder for terrorists to obtain not. It is right here in the beginning. If the driver’s license has a clip to ensure driver’s license to use them for acts of this provision, the waiver of all laws that it is proper by the Federal Gov- violence in our country. necessary for quote improvements of ernment. Driver’s licenses can be used by ter- barriers at the border was to become Mr. TOM DAVIS of Virginia. Mr. rorists to enter buildings, obtain other law, the Secretary of Homeland Secu- Chairman, I yield myself such time as forms of identification, and board rity could give a contract to his polit- I may consume. flights. The loopholes that currently ical cronies that had no safety stand- Let me just sum up and say this does exist in issuing driver’s licenses have ards, using 12-year-old illegal immi- not require anything from the States to be closed to stop those who would grants to do the labor, run it through as far as driver’s licenses go. States do use driver’s licenses as a tool in com- the site of a Native American burial not have to do anything under this for mitting terrorist acts on our own soil. ground, kill bald eagles in the process, their driver’s licenses. They can issue In fact, as we have heard, we know and pollute the drinking water of driver’s licenses to whomever they that many of the hijackers who at- neighboring communities. And under want. But if they intend to use those

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H467 licenses for Federal purposes, we have permit them to board airplanes or ac- bureaucratic red tape and lawsuits. a right to say what the criteria should cess Federal facilities or easily travel The border patrol has worked to allevi- be and under those circumstances, they within the United States. ate the environmental concerns that are going to have to show legal pres- The most literal security gap that have been raised. In fact, the U.S. De- ence. It is not anti-immigrant. In fact, this bill addresses is the 3-mile hole in partment of the Interior’s Fish and this allows the States to issue two dif- the San Diego border fence. Recent Wildlife Service concluded in July, ferent sets: one for illegal immigrants, press accounts have reported that al 2003, that construction of the fence ‘‘is one for everyone else. It takes the na- Qaeda operatives have joined forces not likely to jeopardize’’ the continued tional security issue away from the ar- with human smuggling rings in order existence of any relevant endangered gument there. to enter the United States. As we now species in the area. Furthermore, not Finally, the opt-out provisions in the know, the 9/11 hijackers were inter- completing the fence will continue to current legislation that was passed just viewed 25 times by U.S. consular offi- cause other environmental damage in a few months ago are disastrous. We cers; they had 43 contacts with Immi- the area due to large numbers of per- were worse with the 9/11 response that gration and Customs authorities. But sons crossing illegally through this passed this Congress than we were because of administration and congres- area and subsequent pursuit by the without it. This rectifies that. It closes sional initiatives requiring the screen- border patrol, as well as large amounts that loophole. ing of all foreign nationals entering the of trash and refuse left in the wake of Out of respect for the victims, the United States, terrorists will be forced smugglers and illegal crossers. families, the work of the 9/11 Commis- to resort to crossing our borders ille- As chairman of the Committee on sion, I urge my colleagues to support gally. The border security fence, there- Homeland Security and a California this legislation. fore, which thus far has been mired in resident, I am extremely concerned by Mr. Chairman, I yield back the bal- bureaucratic delays, is part of our na- the roadblocks that different bureau- ance of my time. tional security efforts and must be cratic groups have used to justify The Acting CHAIRMAN. The gen- completed now. thwarting this important project. For tleman from California (Mr. COX) and For decades the border between San example, in September of 2003, the San the gentleman from Mississippi (Mr. Diego and Mexico has been the pre- Diego Border Patrol requested entry to THOMPSON) each will control 10 min- ferred corridor for entry into the a section of county-owned land located utes of debate from the Committee on United States by unknown or undocu- in the 31⁄2 mile section in dispute and Homeland Security. mented persons. With highly populated located about 300 feet from the U.S.- The Chair recognizes the gentleman cities both north and south of the bor- Mexican border in order to, first, im- from California (Mr. COX). der as well as relatively quick access prove the road for safety of the border Mr. COX. Mr. Chairman, I yield my- to national transportation hubs such as patrol agents; and, two, take soil sam- self such time as I may consume. LAX, it is the perfect place for aliens ples in order to address environmental I am happy to join this debate as the to slip across the border and gain quick concerns pertaining to construction of chairman of the Committee on Home- access to U.S. communities and trans- the fence. land Security and welcome the gen- portation networks. The important in- 1545 tleman from Mississippi (Mr. THOMP- frastructure assets in the area, includ- b SON), my ranking member. ing in particular the largest naval base But the San Diego County Depart- We are here because each day thou- on the west coast of the United States ment of Parks and Recreation denied sands of people illegally enter the and the busiest seaport in the United access, saying there was no authority United States. They know where to States, makes securing this area even to enter upon the land. cross. They know how to get a driver’s more important. After months of negotiation, I have license. And if they are caught, they From September through November, been told that the issue was finally re- even know how to rig our legal system 2004, the border patrol apprehended solved, but this clearly demonstrates to stay in the country nonetheless. over 23,000 individuals with criminal that Federal action is necessary to en- What has been the result of this broken records including 84 wanted for murder sure that the fence is completed and system? and 151 wanted for sexual assault. In that border security remains a pri- On January 25, 1993, Mir Aimal Kansi 2004 border patrol agents arrested al- ority. The time for delay and bureau- stood at the entrance of the Central In- most 1.2 million illegal aliens with 11.6 cratic obstruction is over. We must telligence Agency and gunned down percent of those apprehended in the complete this fence, and we must pass five people. A month later Ramzi San Diego sector alone, despite the fact H.R. 418. Yousef masterminded the first bombing that the San Diego sector is roughly 1 Mr. Chairman, I reserve the balance of the World Trade Center. Both men percent of our border area. Over the of my time. were in the country because they were past 2 years, the three border patrol Mr. THOMPSON of Mississippi. Mr. awaiting the outcome of their asylum stations responsible for patrol of the Chairman, I yield myself such time as applications. This legislation will fix existing 14 miles of border fence in the I may consume. that loophole. San Diego sector have apprehended ap- Mr. Chairman, the Republican major- On September 11, 2001, according to proximately 200 special interest aliens ity claims that this bill is an effort to the 9/11 Commission report, the 19 hi- annually from countries such as Af- prevent terrorists from entering the jackers responsible for the 9/11 ter- ghanistan, Iran, Iraq, Pakistan, and United States, not an effort to play rorist attacks carried between them 13 Turkey. partisan politics over immigration re- U.S. driver’s licenses and 21 state- Completion of this fence will not form. I would like to take them at issued ID cards. Several of these hi- only reduce the number of illegal their word, but if this bill really were jackers had overstayed their visas, and crossings in the area but will also about keeping terrorists out of the they were unlawfully in this country. allow the Border Patrol to redeploy country, why is the Republican major- But their driver’s licenses permitted manpower and redirect precious re- ity not talking about the real threats them to board those airplanes nonethe- sources to other important homeland of terrorists’ entry? Why is the Repub- less. This bill fixes that problem. security missions along the border. lican majority not concerned about the The laws that we are operating under And like the other border fence areas, complete lack of an interagency border today allow terrorists to enter our the San Diego sector can expect to see security plan? And why does the Presi- country and to plan and carry out at- a reduction in crime, including murder, dent’s budget not fully fund the man- tacks in the United States. The reality as well. dates in the 9/11 intelligence bill, which is that this homeland security vulner- Of the 14 miles authorized by Con- we passed and he signed a few short ability is being exploited by terrorists gress several times, 9 miles of the tri- months ago? Why sign a bill if you and criminal aliens every day. H.R. 418 ple fence have been completed. But have no intention of actually funding makes necessary changes to ensure only in Washington would people con- the items in the bill? that terrorists do not obtain identifica- struct a fence with a big hole in it. The Mr. Chairman, just one example: The tion, as did the 9/11 hijackers, that will final 31⁄2 miles has been held up due to President’s budget only provides for 210

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H468 CONGRESSIONAL RECORD — HOUSE February 9, 2005 new border patrol agents, even though I am serious about the problem of for 1 additional minute, to be divided the 9/11 intelligence bill authorized up border security. I represent a district equally between majority and minor- to 2,000. We have caught at least one that has more apprehensions of illegal ity. suspected terrorist who illegally waded immigrants than any other district on The Acting CHAIRMAN (Mr. across the Rio Grande. Why is the Re- the southern border, in fact, more ap- LAHOOD). Is there objection to the republican majority not talking about prehensions than all the other districts quest of the gentleman from Cali- the failure of this administration to combined. fornia? ensure that our frontline officers are As someone working hard for a long There was no objection. able to check suspicious individuals time to help secure our border, I can Mr. COX. Mr. Chairman, I yield 1 against a comprehensive terrorist confidently say the most effective and minute to the gentleman from Texas watch list? efficient way to deal with this is to (Mr. MCCAUL). More than 3 years after 9/11, why are have comprehensive immigration re- Mr. MCCAUL. Mr. Chairman, I rise in more of our frontline personnel using form. The President of the United support today of the REAL ID Act. As obsolete name-checking systems, that States has recognized this. We need to the former Chief of Counterterrorism have trouble telling the difference be- create an avenue for those not crossing in the U.S. Department of Justice for tween ‘‘bin Laden’’ and ‘‘Lyndon?’’ Is for malicious reasons to be funneled the Western District of Texas, I had ju- this real security? Does this make through the ports-of-entry along the risdiction over the Mexican-Texas bor- America safer? border. That will allow us to deal with der. I dealt, firsthand really, with the This bill wholly fails to address these the real problem. day-to-day threats our Nation faces, and other critical gaps in our border Mr. Chairman, I urge us to support and asked the question, Why are we security. The bill focuses on people al- H.R. 418, and then turn our attention not doing more to secure our borders? ready in the United States instead of to comprehensive immigration reform Many of those intent on doing our keeping terrorists out. legislation. Nation harm claim political asylum as The one aspect of this bill that seems Mr. THOMPSON of Mississippi. Mr. their Trojan horse to gain access to our directed at keeping people out of the Chairman, I yield 11⁄2 minutes to the borders. Individuals like the 1993 World United States is section 102. I under- gentlewoman from California (Ms. Trade Center bomber, Ramzi Yousef, stand this section originated from a de- Lofgren). claimed political asylum and was or- sire to complete approximately 3 miles Ms. ZOE LOFGREN of California. Mr. dered to appear at a hearing. Yet of a 14-mile fence along the border near Chairman, yesterday, the U.S. Commis- Yousef, like a majority of those given San Diego. Let me be clear: I am not sion on International Religious Free- notices, failed to show up at the hear- against building a fence, but I do not dom, a federally mandated bipartisan ings. This bill will make it easier to de- think a fence will keep terrorists out of commission, released a comprehensive port suspected terrorists. America. report documenting the mistreatment Terrorists have taken advantage of Homeland security expert Stephen of asylees in America. For those seek- other holes in our laws. The 19 hijack- Flynn, who is a retired commander of ing asylum, we strip-search them and ers on September 11th had fraudulently the U.S. Coast Guard, and Jeane Kirk- then we thrown them in jail with obtained dozens of American visas, patrick, Senior Fellow in National Se- criminals. passports and driver’s licenses, docu- curity Studies at the Council on For- As we debate this bill, thousands of ments used to open bank accounts, es- eign Relations, testified before the people seeking safety from persecution tablish residency and, yes, to fly air- Senate Foreign Relations Committee are in jail with criminals in the United planes. that ‘‘Great powers have been building States. They are here fleeing from tor- This border security legislation pro- great walls throughout history. The vides the safety measure that to obtain Great Wall of China and the Berlin ture, from rape; some are here seeking a driver’s license, the person must sim- Wall went up at considerable expense freedom because they have been denied ply prove they have a legal right to re- and treasure and ultimately failed to the opportunity to practice their reli- main in our Nation. block or contain the forces they pur- gion, say Christianity, in a place where For the safety and security of our ported to obstruct.’’ religion is not permitted. But when Mr. Flynn says that efforts by the they get here, we lock them up. And Nation, our families and our freedom, I United States to ‘‘protect’’ the south- today we are considering a bill that urge my colleagues to support this bill. west border, including installing a will make it harder for those fleeing The 9/11 Commission recommended it. fence between San Diego and Tijuana, oppression, trying to find safe haven in We owe it to the victims of the na- are similarly fated to fail. our Nation. tional tragedy to pass this legislation. Mr. Chairman, it is clear that this is This bill does nothing to make us Mr. THOMPSON of Mississippi. Mr. not a good bill, and we are completely safer. In fact, we have heard references Chairman, I yield 3 minutes to the gen- in opposition to it. to those who came prior to the first tleman from New Jersey (Mr. MENEN- Mr. Chairman, I reserve the balance World Trade Center bombing. We made DEZ), the chairman of the Democratic of my time. changes in the law subsequent to that. Caucus, Mr. COX. Mr. Chairman, I yield 1 That fix has already been done. We do Mr. MENENDEZ. Mr. Chairman, as minute to the gentleman from Arizona not need to do what is before us today. one of the conferees on the intelligence (Mr. KOLBE). So it is surprising we are not address- reform law enacted last December, I Mr. KOLBE. Mr. Chairman, I thank ing today the shocking findings of the want to remind Members that it con- the gentleman for yielding me time. Commission Report. tained 43 sections and 100 pages of im- Mr. Chairman, I rise in support of the Mr. Chairman, I want to say some- migration-related provisions. These passage of H.R. 418. Many of these pro- thing else. This bill, despite the protes- tough, but smart new measures en- tections that are contained in this leg- tations, is in fact creating a de facto acted just 2 months ago include, among islation are long overdue. They are national ID card. It establishes one others, adding thousands of additional necessary to protect our homeland. type of ID that most Americans will border patrol agents, Immigration and In particular, I am supportive of the carry. All our information will be held Customs investigators and detention provisions that deal with enhancing in databases linked together and ready- beds, criminalizing the smuggling of our driver’s licenses by providing for made for use by the Federal Govern- immigrants and establishing tough some uniformity in the standards used ment. How much will they really know minimum standards for driver’s li- to issue those driver’s licenses and for about each and every one of you? censes, just as the 9/11 Commission rec- finishing the border fence in southern This is not just about immigrants, ommended. California. We ought not to let some this is about all Americans; and I think Now we need to implement and fully vague problem of the environment we need a national conversation about fund these tough measures to ensure keep us from finishing this important whether we want that form of big our Nation’s safety. Unfortunately, the part of our border security. But that is brother. President’s budget chose not to fund one step in the process of border secu- Mr. COX. Mr. Chairman, I ask unani- the 2,000 new border patrol agents or rity. mous consent that debate be extended 8,000 additional detention beds that

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H469 were called for in the intelligence re- der Patrol, so I know firsthand about mission never even mentioned the bor- form bill. So much for being tough. the effort to protect our borders and der fence. Why? Because it is not a H.R. 418 would further undermine how to keep America secure. Since problem. We have been building it. these tough measures by repealing sev- coming to Congress, I have heard a lot What we have run into is a couple of eral of these provisions. The bill would about how we need to crack down on il- environmental snags. So what does this repeal a GAO study to ascertain any legal immigration in this country, but bill do? It says okay, waive all that. vulnerability in the current asylum have seen very little action when it Waive the law. This is a precedent that system and replace it with new burdens comes to providing adequate funding has never been done before in the that would be impossible for many true for the kinds of programs that I know United States Congress. Waive all laws, asylum seekers to meet. work in dealing with the problem of il- whether those laws pertain to Indian Proponents of this legislation have legal immigration. burial grounds, whether they are labor misled us by suggesting that different b 1600 laws, discrimination laws, small busi- terrorists have received asylum. No ness laws, environmental laws. We will terrorist has ever been granted asylum For instance, just this week, with the just waive them. And guess what, no in the United States. release of the President’s budget, as court, as it says, ‘‘no court shall have We further ensured that terrorists my colleague mentioned, last August jurisdiction.’’ would not be granted asylum with the we were tough on the issue of immigra- What kind of a measure is this? Do administrative changes of 1995 and the tion by saying we wanted 10,000 new we just run into problems and we come expedited removal system done legisla- border patrol agents and we wanted to to the floor of Congress and say, just tively in 1996. Now we detain anyone create 40,000 new detention beds. The get rid of the law? Here is a country seeking asylum that arrives at our bor- administration in their budget wants that celebrated the tearing down of the der without documents. to hire 210 border patrol agents. They Berlin Wall, a country that celebrated But asylum encourages citizens of are silent on the issue of detention. the elections in Iraq so people will other countries to fight for positive The administration also has proposed have the rule of law; and then when we change in their own country, without zeroing out very important programs have the rule of law, we just waive it. risking U.S. military lives. If their life to communities that deal with undocu- There was no request from the State of is endangered, they should have a mented aliens, programs like the State California for this bill. Mexico, our big- chance to seek asylum in the United Criminal Alien Assistance program, gest trade partner, nothing like this; States. Unfortunately, the legislation the State Prosecutors program, all ze- and what we are saying to the world is, before us would make that nearly im- roed out in this budget. do not worry, we are just going to cram possible. Mr. Chairman, the reason I am going through everything and forget the law. Finally, if a person is a terrorist, I do to oppose this legislation is because I This is wrong, and I am going to have not want to deport them so they have am sick and tired of coming here and an amendment on the floor tomorrow another chance at doing harm to the talking, talking about the issue. I am to repeal it. I hope everyone votes for United States. I want to detain them, sick and tired of hearing arguments on it. prosecute them, imprison them to the who is going to do what. Just last Mon- Mr. COX. Mr. Chairman, I yield 1 fullest extent of the law. day, I was with some of my former col- minute to the gentleman from Cali- The bill would repeal the tough min- leagues at a port of entry in El Paso, fornia (Mr. CUNNINGHAM). imum standards for driver’s licenses and they were asking me what kind of Mr. CUNNINGHAM. Mr. Chairman, I called for by the 9/11 Commission and immigration reform would come out of would say to my friend, the gentleman included in the intelligence reform law this effort. Regrettably, Mr. Chairman, from California (Mr. FARR), during the with provisions that federalize all driv- I told them, look, we said we were last debate I invited him to come down er’s licenses, take away States’ rights, going to fund 10,000 agents; we got 210. and look at the 7-mile area in that place huge unfunded mandates on the That is why I am going to vote against fence, because it is a problem. I am States, without advancing the para- this legislation, and I urge my col- looking forward to working with him, mount objective of making State- leagues to do the same. Let us have a because if you are an environmentalist, issued identity documents more secure real and earnest debate on what needs it is hard pan. I mean, it has totally de- and verifiable. That is why the Na- to be done to protect this country. stroyed the plants, the animals, the liz- tional Conference of State Legislatures Mr. COX. Mr. Chairman, I reserve the ards, and it is like a venturi tube. strongly opposes this legislation. balance of my time. The gentleman from California (Mr. Mr. Chairman, if you truly want to Mr. THOMPSON of California. Mr. HUNTER) first came to me in 1990 and implement tough yet smart measures Chairman, I yield the balance of the asked where we could get landing mat, to ensure our Nation’s security, vote time to the gentleman from California and we put that up. Why? Because the down this legislation, and let us fully (Mr. FARR). number of rapes of Mexicans who were fund and implement the tough and Mr. FARR. Mr. Chairman, I thank coming across, the number of drugs smart provisions that were included in the gentleman for yielding me this that were coming across. There is one the intelligence reform bill. time. strand of wire on the ground where you Mr. COX. Mr. Chairman, I reserve the I have been watching this debate all could just drive from one field to an- balance of my time. morning, and I am really concerned other with a loaded truck, and it has Mr. THOMPSON of Mississippi. Mr. about what is happening here on the stopped a lot of that. Chairman, I yield 2 minutes to the gen- floor of the House of Representatives. I Does the fence stop illegal immigra- tleman from Texas (Mr. REYES), some- have never heard so much mis- tion? No. But it sure frees up a lot of one who has significant knowledge statement of fact about a piece of leg- the border patrol and makes it easier about border patrol agents. islation that is very important. for them, and that 7 miles is like a ven- Mr. REYES. Mr. Chairman, I thank The problem is, this legislation never turi tube and it forces our border pa- the gentleman from Mississippi for had a hearing in committee, never had trol into that area. yielding me time. public review. We have never looked at I agree with the gentleman from Mr. Chairman, as the only Member of the language; I doubt that any Mem- Texas (Mr. REYES), and I am going to Congress with a background in immi- bers have read the bill in its entirety. work with anybody over there, espe- gration and experience in actually de- That is not what this House is all cially him, because he does have the fending our Nation’s borders, and after about, because this law is a very, very expertise and he is a good friend. I being here for 8 years in the House, I serious law, and it is going to affect agree with him that the President’s am profoundly disappointed at how people’s lives. budget does not include the funding. much we talk about this issue and how I have heard statements here on the But no Clinton budget ever passed ei- little we do when it comes to immigra- floor that the recommendations in this ther, and we are going to add that; and tion. bill are in the 9/11 Commission. Let me with the help of my friend, we are Prior to coming to Congress, I served give an example. Section 102, which going to add the funding for those new for 261⁄2 years in the United States Bor- deals with the border fence, the com- border patrol.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H470 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Mr. COX. Mr. Chairman, I yield the ANNOUNCEMENT BY THE ACTING CHAIRMAN world. We need immigration reform but this balance of our time to the distin- The Acting CHAIRMAN (Mr. legislation is not the right answer. I urge my guished majority leader, the gentleman LAHOOD). When proceeding in the Com- colleagues to join me in opposing this legisla- from Texas (Mr. DELAY). mittee of the Whole under an order of tion. Mr. DELAY. Mr. Chairman, I would the House that establishes time limits Mr. HOEKSTRA. Mr. Chairman, I rise to ex- just say to my good friend from Texas on general debate, the Committee of press my strong support of H.R. 418. Chair- (Mr. REYES), who is an expert, and we the Whole may not alter that order, man SENSENBRENNER has presented for the all value his input, we are going to do even by unanimous consent. The Chair consideration of the House a commonsense immigration reform in this Congress. should not have entertained the earlier bill that will disrupt travel of would-be terrorists We are looking forward to working request of the gentleman from Cali- who would seek to do us harm right here in with him on immigration reform. But fornia. America. When enacted, these provisions will what we are here today about is border Mr. CANNON. Mr. Chairman, I would like to security, border security and closing submit a statement for the RECORD from the be yet another set of effective tools to help loopholes. Americans for Tax Reform. prevent another September 11-type attack. I just want to thank both sides of the FEBRUARY 9, 2005. All of these provisions are derived from pro- aisle for the thoughtful way that they Our nation’s immigration and border con- visions of the House-passed version of H.R. have conducted this debate. I want to trol policies cry out for reform. While our 10, the 9–11 Recommendations Implementa- best border control officers should be pre- tion Act of 2004. During the conference with thank the gentleman from Wisconsin venting the next terrorist incursion into our (Chairman SENSENBRENNER) and the country, they are instead hunting down will- the other body on what became the Intel- gentleman from Virginia (Chairman ing workers. The attacks of September 11th ligence Reform and Terrorism Prevention Act TOM DAVIS) and the gentleman from called for new and updated thinking in all of 2004, the provisions contained in H.R. 418 California (Chairman COX) for their areas of federal law enforcement, and immi- were either dropped in their entirety or modi- hard work in getting this bill to the gration reform has been a glaring omission. fied so substantially as to virtually defeat the floor so early in the new session. America’s immigration system must be re- fundamental purpose of the provision. Of all of the issues being debated be- formed in a responsible, welcoming, adult manner along the lines laid out by President A majority of the conferees on the part of fore us today, the controversy I find Bush. Willing workers should be matched the House very reluctantly agreed in order to most confusing is the section regarding with willing employers, citizenship and resi- get a conference agreement on the funda- the standardization of driver’s licenses. dency applications must be streamlined, and mental reform of the Nation’s intelligence com- After all, Mr. Chairman, the war on the focus must shift to protecting the nation munity. We are all original cosponsors of H.R. terror is not being fought in a vacuum. from terrorists. There was a time, to be sure, when Border security has been increased since 9/ 418. As chairman of the conference, I thought identification fraud was a matter of 11, and should continue to be so. The latest that these provisions made sense then and technology must be used to make sure Amer- they make sense now and should be enacted. concern principally to bouncers and ica’s border is free of terrorist incursions. In bartenders, but that was before Sep- order to let the border guard do their job of The core provisions of H.R. 418 establish a tember 11, 2001. Since that day, Mr. defending America, the President supports set of fundamental standards that state-issued Chairman, ID fraud has represented a giving foreign laborers guest worker cards, identification cards, including driver’s license, clear and present danger to the na- ‘‘to match willing workers with willing em- must meet to be recognized for Federal identi- tional security of the United States, ployers.’’ fication purposes, such as entering a Federal President Bush is opposed to amnesty for building. The bill provides the various States plain and simple. Without standards illegal immigrants. He also does not want to for the issuance or content of driver’s give foreigners in the guest worker program with 3 years to make any necessary modifica- licenses, the American people are need- any advantage over those who are trying to tions to their identification cards, if they so lessly put at risk. As long as America become citizens through normal, due process chose. The bill provides the Secretary of boasts the civilized world’s most open channels. Homeland Security with discretion to extend laws concerning immigration and mo- Congress should support President Bush’s the deadline for good cause upon application bility while remaining its greatest ter- common-sense plan to reform and strengthen America’s broken immigration system even by an individual state. The bill does not im- rorist target, we must ensure that peo- as border security is addressed today in the pede the authority of individual states to deter- ple coming in and out of our country House of Representatives. mine who may operate a motor vehicle or who are not here to do our people harm. GROVER NORQUIST, may be issued a State personal identification When someone enters this country President. card for non-Federal purposes. and can get a driver’s license, he can Ms. WOOLSEY. Mr. Chairman, when we Some argue that the Intelligence Reform board a plane, open a bank account, shut our doors to the world we shut the door and Terrorism Prevention Act of 2004 already and get a job. If he plans to do these of democracy. President Bush wants the addresses this issue adequately. I simply dis- things not to make a better life for United States to be a leader in promoting free- agree. The enacted provision requires a nego- himself, but with the express intent of dom around the world, but we fail at home tiated rulemaking process, without any abso- killing Americans, and that treachery when we deny freedoms to those who desire lute certitude that the negotiations on the pro- could be curbed simply by reforming the American dream. H.R. 418 fails to reform posed consensus regulations will be con- the way we issue driver’s licenses, how our system. Instead, it weakens our democ- cluded by the date specified in the act. No can we not? racy. The REAL ID Act requires that ap- hard date for implementation of these funda- If you vote for this bill you are saying we mental standards is specified. plicants for driver’s licenses prove that don’t care if you have been persecuted be- they are in the United States legally, cause of your religion or beaten because of H.R. 418 also restores the authority of an very simple, and that a foreign trav- your gender. Stay in your own country. You immigration judge to make a determination eler’s license expires with his visa. are not entitled to our freedoms. whether to grant or deny an individual applica- These are hardly Draconian meas- If you vote for this legislation you are saying tion for asylum. At its core, the provision ures, Mr. Chairman, nor are the sec- that the United States doesn’t care about fed- makes explicit the judge’s authority to assess tions of the bill that strengthen our de- eral or state laws as long as it means being the creditability of the assertions of oppression portation and asylum processes. These able to close our border. Who cares if building being made by the applicant, just as judges processes are not just loopholes; they a wall on our border endangers our environ- and juries do each day with respect to criminal are gaping, yawning chasms in the law ment? Out of 2,000 plus miles along our bor- defendants. As some assert, H.R. 418 does waiting to be exploited. They are risks, der with Mexico, you are saying that finishing not require the asylum applicant to produce threats even, to the security of our 3 miles of that fenced area in Southern Cali- documentary evidence in order to be granted homeland and to our success in the war fornia is so important that we should throw out asylum. It grants an immigration judge the au- on terror. The reforms in the REAL ID the principles of our democracy and let one thority to request the applicant to provide evi- Act are overdue, no less an authority man have the power to waive any laws that he dence to support the applicant’s oral testimony than the 9/11 Commission itself says so. wants without any oversight. Are you sure that and that of witnesses’ supporting the appli- So I just urge all of my colleagues to this is a democratic country? cant. H.R. 418 clearly states that the applicant support this legislation to further help Mr. Chairman, shutting out people around is not required to provide documentary evi- ensure that such events as three Sep- the world from our democracy and throwing dence if ‘‘the applicant does not have the evi- tembers ago never again scar our away the ideals of freedom that we hold so dence or cannot obtain the evidence without homeland. dear is no to way to be an example for the departing the United States.’’

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H471 H.R. 418 includes a provision specifying that appropriate role in our Nations’ policies, the our nation’s security concerns. That means offenses which currently provide grounds to environmental and national security impacts of not only reforming how we gather and use in- deny a would-be terrorist entry into the United having illegal immigrants trample this portion telligence, but also how we fight terrorism at States are also grounds for the deportation of of the border is greater than the concerns re- home. I believe that the final bill that came to such persons, if they have somehow managed garding building and completing the fence. the floor fell short. That’s why I voted against to enter the country illegally. Today, that is not Lastly, recent press accounts have reported it. the case. This glaring gap in the law must be that Al Qaeda operatives have joined forces However, the REAL ID Act implements cru- closed. with alien smuggling rings in order to enter the cial provisions that were dropped from H.R. 10 Finally, H.R. 418 provides the Secretary of United States, particularly through the south- and fixes several glaring holes in our border Homeland Security with authority to waive en- ern border with Mexico. The time to act on the security. One of the most important provisions vironmental laws, so that the border fence run- San Diego border fence is now. in this legislation asks states to work with the ning 14 miles east from the Pacific Ocean at Drivers’ License: REAL ID Act also bolsters Department of Homeland Security to establish San Diego may finally be completed. Author- stronger security standards for the issuance of and use standards for drivers’ licenses. ized by Congress in 1996, it has yet to be drivers’ licenses to aliens. This bill will estab- Many states already have licenses that are completed because of on-going environmental lish requirements that help prove lawful pres- difficult to counterfeit. Other states don’t have litigation. It is time to complete this much ence in the United States prior to issuing a li- stringent safeguards. needed barrier to help secure one of the most cense to individuals. In addition, it is critical Some have argued that this bill creates a used corridors for illegal entry, which is adja- that all states must comply to eliminate weak national ID. It doesn’t. I would oppose any bill cent to the numerous facilities of the United links in the domestic identity security. We that did so. This bill simply requires states to States Navy and Marine Corps in San Diego. have all seen the failures of cards such as the make it harder for someone like Muhammad Mr. Chairman, I commend Chairman SEN- Matriculate Consular cards and the wide- Atta to get a driver’s license, and to use that SENBRENNER for his leadership and urge my spread fraud that can take place. This bill re- license to carry out terror plans. colleagues to support H.R. 418. quires tough physical security requirements to As the 9/11 Commission noted: ‘‘All but one Mrs. BONO. Mr. Chairman, I would like to reduce counterfeiting and to ensure state com- of the 9/11 hijackers acquired some form of thank Chairman SENSENBRENNER for his tire- pliance with such standards. Lastly, drivers’ li- U.S. identification document, some by fraud.’’ less efforts and leadership in getting the REAL censes that are issued in compliance with the Increased ID security will make it more difficult ID Act to the floor and for championing na- new regulations will expire when an alien’s for terrorists to obtain documents through tional security issues and the crisis we face visa expires to alleviate any confusion or abil- fraud and conceal their identity. Deterring ter- today with our Nation’s border security. I ity for terrorists to maintain a false/fake drivers rorists from receiving state issued IDs will would also like to thank my colleagues in the license while their visa has expired. Con- make it more likely that they will be detected Southern California delegation for their efforts necting the two forms of identification will en- by law enforcement. and for helping to protect not only their dis- sure that law enforcement officers and federal This bill also tightens our asylum system— tricts, but also the Nation’s borders as well. agents will be on notice when a visa expires a system that has been abused by terrorists San Diego Border Fence: For too long our and will not be fooled by a separate and fake with deadly consequences—by allowing Nation has been playing chicken with our na- state ID that has not expired. judges to determine whether asylum seekers tional security by ignoring the need to take a Asylum Provisions: Finally, the REAL ID Act are truthful. comprehensive approach to border security will tighten the asylum system that has been Additionally, the bill will protect the Amer- issues, particularly as they pertain to the Mexi- abused and gamed by terrorists for years. ican people by ensuring that grounds for keep- can border. The Mexican border has long This bill allows judges to determine a wit- ing a terrorist out of the country are also been a porous and unguarded route for any- nesses’ credibility in their asylum cases. With- grounds for deportation. Incredibly, we have out this change, judges have no discretion in one wishing to sneak into the United States to legal justification to prevent an individual from determining the credibility of witnesses testi- inflict harm on our Nation and our citizens, in- entering the country if they have known ter- fying that they are being persecuted. Judge’s cluding terrorists. rorist ties, however, under current U.S. law In particular, the San Diego sector covers hands have been tied over the years and must once they set foot inside the border we cannot just grant asylum in every case where perse- an area of more than 7,000 square miles and deport them. This hinders our ability to protect cution has been raised and have not been 66 miles of international border with Mexico. Americans from foreign terrorists who have in- able to go beyond that point. This has allowed Beyond that section of the border are the filtrated the United States. terrorists who have been persecuted in their Mexican cities of Tijuana and Tecate, which I think all Americans—and those of us on home country for being terrorists to seek shel- boasts a combined population of more than 2 both sides of the aisle—can agree that the 9/ ter in the United States. Currently, this argu- million people. This area of the border has 11 Commission identified a number of im- ment cannot be used against them and is not been a heavily traveled route for illegal immi- provements that will help upgrade our intel- grounds for deportation. grants and potential terrorists due to the major This bill gives the power to refuse terrorists ligence and enhance America’s security. This cities and transportation hubs, such as LAX entry to the United States and allows terrorists bill provides common sense provisions to help airport in Los Angeles. This area alone ac- to be deported back to their home country. prevent another 9/11-type attack by protecting counts for nearly 50 percent of national appre- Terrorists have long been abusing our system our borders and disrupting terrorist travel in hensions of illegal immigrants nationwide. in order to gain entry. This bill provides a list the United States. I urge members to vote in A significant number of illegal immigrants of long-accepted commonsense factors that favor of the REAL ID Act. The Acting CHAIRMAN. All time for that have been apprehended in this area can an immigration judge can consider in assess- general debate has expired. Under the be directly attributed to the San Diego fence ing credibility, such as the demeanor, candor, that was constructed a few years ago. The responsiveness and consistency of an asylum rule, the Committee rises. Accordingly, the Committee rose; San Diego fence is a project that was started applicant or other witness. It is essential for and the Speaker pro tempore (Mr. several years ago, but a 3.5-mile section of judges to be able to determine asylum cases MCCAUL) having assumed the chair, the fence was not completed due to environ- based on the credibility or lack of credibility of mental concerns. The portions of the San witnesses. Mr. LAHOOD, The Acting Chairman of Diego fence that have been built have proven Again, I would to thank Chairman SENSEN- the Committee of the Whole House on to be successful and are credited with signifi- BRENNER for his efforts in getting this bill to the the State of the Union, reported that cant declines in attempted border crossings in floor and I strongly urge my colleagues to vote that Committee, having had under con- that area. The existing fence needs improve- in favor of this bill because these reforms are sideration the bill (H.R. 418) to estab- ments and must be extended 3.5 miles to its necessary to our national security. lish and rapidly implement regulations originally planned length. Mr. NEUGEBAUER. Mr. Chairman, I rise for State driver’s license and identi- This legislation puts those priorities front today in support of H.R. 418, the REAL ID Act fication document security standards, and center by granting the Secretary of Home- of 2005. First, I would like to thank Chairman to prevent terrorists from abusing the land Security the authority to waive all Federal SENSENBRENNER and the Judiciary Committee asylum laws of the United States, to laws in order to complete the fence. In addi- for their leadership on this bill, and for their unify terrorism-related grounds for in- tion, this bill will increase the funding to im- dedication to securing our borders and pro- admissibility and removal, and to en- prove the existing fence with a 3-tiered fence tecting Americans from terrorists. sure expeditious construction of the system and complete the original designed My objective throughout debate over H.R. San Diego border fence, had come to no length. While environmental issues plays an 10 was to get a bill that fully addressed all of resolution thereon.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H472 CONGRESSIONAL RECORD — HOUSE February 9, 2005 HONORING THE LIFE AND ACCOM- for Outstanding Artistic Achievement in two were married for 57 years. Ossie PLISHMENTS OF THE LATE 1989, the United States National Medal for Davis is survived by his wife. OSSIE DAVIS the Arts in 1995, the New York Urban League If my distinguished colleague, the Frederick Douglass Award, NAACP Image Mr. WESTMORELAND. Mr. Speaker, gentleman from Georgia (Mr. BISHOP), Award, and the Screen Actor’s Guild Life- would indulge me, I would wish to offer I move to suspend the rules and agree time Achievement Award in 2001; to the resolution (H. Res. 69) honoring Whereas Ossie Davis and his wife, Ruby the most sincere condolences of all the life and accomplishments of the Dee, are the parents of three children and Members of the House to Ruby Dee and late Ossie Davis. have recently published their joint autobiog- the Davis family during these heart- The Clerk read as follows: raphy, With Ossie and Ruby: In This Life To- rending days. H. RES. 69 gether; and Mr. Speaker, the president of the Whereas Davis enjoyed a long and lumi- Screen Actors Guild, Melissa Gilbert, Whereas the late Ossie Davis, actor and nous career in entertainment along with his civil rights leader, was born Raiford made this fitting statement last week wife before he died in Miami, Florida, at the Chatman Davis, the oldest of five children following the death of Mr. Davis, who age of 87 on Friday, February 4, 2005, where born to Laura Cooper and Kince Davis, on was a Screen Actors Guild Life he was making a movie called ‘‘Retirement’’: December 18, 1917, in Cogdell, Georgia; Achievement Award recipient: ‘‘Along Now, therefore be it Whereas Ossie Davis graduated in the top 5 Resolved, That the House of Representa- with his remarkable wife, Ruby Dee, percent of his high school class, received a tives— Ossie Davis’s impact on America can be National Youth Administration scholarship, (1) recognizes the extraordinary contribu- seen not only in his rich body of cre- and walked from Waycross, Georgia, to tions to the Nation of the late Ossie Davis ative works, but equally so as a pas- Washington, D.C., to attend Howard Univer- for his service to the Nation in the military, sity, where he studied with Alain Leroy sionate advocate for social justice and as a civil rights leader, and as an actor; Locke, the first black Rhodes Scholar; human dignity.’’ (2) honors him as a great American and Whereas Ossie Davis began his career as a Mr. Speaker, I thank the gentleman pioneer in the annals of American history; writer and an actor with the Rose from Georgia for proposing this resolu- and McClendon Players in Harlem in 1939; tion to the House. I am proud to be a Whereas during World War II Ossie Davis (3) expresses its deepest condolences upon his death to his wife Ruby Dee Davis, his cosponsor of House Resolution 69 that served in the Army in an African-American honors the life of Ossie Davis. I urge medical unit, including service as an Army other family members, and his friends. The SPEAKER pro tempore. Pursu- adoption of this resolution. surgical technician in Libya, where he Mr. Speaker, I reserve the balance of worked on stabilizing some of the 700,000 sol- ant to the rule, the gentleman from diers wounded in that war for transport back my time. Georgia (Mr. WESTMORELAND) and the Mr. DAVIS of Illinois. Mr. Speaker, to State-side hospitals; gentleman from Illinois (Mr. DAVIS) Whereas Ossie Davis made his Broadway it is my pleasure to yield 6 minutes to each will control 20 minutes. the gentleman from Georgia (Mr. debut in 1946 in Jeb, where he met his wife, The Chair recognizes the gentleman actress Ruby Dee, who he married in 1948; BISHOP), the originator of this legisla- Whereas Ossie Davis went on to perform in from Georgia (Mr. WESTMORELAND). tion. many Broadway productions, including Anna GENERAL LEAVE Mr. BISHOP of Georgia. Mr. Speaker, Lucasta, The Wisteria Trees, Green Pastures, Mr. WESTMORELAND. Mr. Speaker, I thank the gentleman for yielding me Jamaica, Ballad for Bimshire, A Raisin in the I ask unanimous consent that all Mem- this time. First, I would like to thank Sun, The Zulu and the Zayda, and I’m Not bers may have 5 legislative days within the gentlewoman from California Rappaport. which to revise and extend their re- Whereas in 1961, he wrote and starred in (Leader PELOSI) and the gentleman the critically acclaimed Purlie Victorious; marks on the resolution under consid- from Texas (Leader DELAY) and the Whereas Ossie Davis’ first movie role was eration. members of the Committee on Govern- in No Way Out in 1950, followed by appear- The SPEAKER pro tempore. Is there ment Reform; the gentleman from Vir- ances in The Cardinal in 1963, The Hill in 1965, objection to the request of the gen- ginia (Chairman TOM DAVIS), the gen- and The Scalphunters in 1968; tleman from Georgia? tleman from California (Ranking Mem- Whereas Ossie Davis made his feature There was no objection. ber WAXMAN), my good friend, the gen- debut as a writer/director with Cotton Comes Mr. WESTMORELAND. Mr. Speaker, tleman from Illinois (Mr. DAVIS), as to Harlem in 1970 and later directed Kongi’s I yield myself such time as I may con- Harvest in 1971, Black Girl in 1972, Gordon’s well as their staffs, for helping to move sume. this important resolution, H. Res. 69, War in 1973, and Countdown at Kusini in 1976; Mr. Speaker, America was dealt an Whereas Ossie Davis held numerous lead- to the floor as quickly as they did. Let ing and supporting television and motion awful setback over the weekend in me also thank the gentleman from Miami, Florida. The distinguished picture roles throughout his distinguished Georgia (Mr. KINGSTON), who rep- career; actor, director, producer and advocate resents Georgia’s first district which Whereas Ossie Davis was a leading activist Ossie Davis passed away at the age of includes the town of Cogdell, Georgia, in the civil rights era of the 1960s when he 87. He died doing what he loved most: the birth place of Ossie Davis and, joined Dr. Martin Luther King, Jr. in the he was shooting a movie. Waycross, Georgia, where Mr. Davis crusade for jobs and freedom and to help Mr. Speaker, Ossie Davis stood out raise money for the Freedom Riders; grew up, for his cosponsorship and for both in the fields of theater and human his efforts to bring this resolution to Whereas Ossie and Ruby Dee Davis, having justice. We have enjoyed all of Davis’s protested the injustices of the McCarthy Era the floor in short order. Also, I thank House Committee on Un-American Activities regal performances in recent movies my colleague, the gentleman from like ‘‘Grumpy Old Men,’’ ‘‘The Client,’’ in the 1950s, were blacklisted from Holly- Georgia (Mr. WESTMORELAND), for his wood; ‘‘Do the Right Thing,’’ and ‘‘Jungle efforts and his activity in helping to Whereas Ossie and Ruby Dee Davis raised Fever,’’ and in television programs like honor this great Georgian. their voices for numerous causes, including ‘‘Evening Shade.’’ support for the United Negro College Fund, Mr. Speaker, Ossie Davis was also a b 1615 vocal opposition to the Vietnam War, and powerful social advocate. He was a tire- We are here today to honor a great participation in the August 28, 1963, March less worker on behalf of the civil on Washington, D.C., at which the Rev. Mar- American, a veteran, a civil rights tin Luther King, Jr. delivered his ‘‘I Have a rights, and particularly voting rights, leader, a social justice activist, and a Dream’’ speech. for all Americans. tremendous talent, Mr. Ossie Davis. We Whereas Ossie Davis served for 12 years as It is remarkable to note that Ossie lost him this past Friday, February 4, master of ceremonies at the annual National Davis was also half of one of the most at the age of 87. Memorial Day Concerts on the grounds of revered couples of American stage and Ossie once said, ‘‘Struggle is the United States Capitol and was an advo- screen. Mr. Davis’s wife, Ruby Dee strengthening. Battling with evil gives cate on behalf of the Nation’s veterans; Davis, appeared in more than 20 films us the power to battle evil even more.’’ Whereas Ossie Davis eulogized both Dr. and scores of theater productions her- Empowered and inspired by his own Martin Luther King, Jr., and Malcolm X at self. In December, the Kennedy Center their funerals; struggle, Ossie fought for what was Whereas Ossie Davis was inducted into the here in Washington honored both Ossie right. He fought with his voice, with Theater Hall of Fame in 1994 and received in- and Dee Davis as part of the 27th Ken- his example, with his art. numerable honors and citations throughout nedy Center Honors for their extraor- Above all, Ossie Davis was an artist. his life, including the Hall of Fame Award dinary contributions to the arts. The The eldest of five children, Ossie Davis

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H473 grew up with the gruesome realities of achievements and body of work that Theater in Atlanta and on the trips he lynchings and the Ku Klux Klan, yet he Ossie Davis has left as his legacy. Our made down to Florida A&M University. was inspired by Shakespeare. At the sincerest condolences go out his family And on so many occasions when he age of 18 with nothing more than a $10 and all who knew and loved him. spoke, everybody listened. And one of bill and the dream of becoming a play- But this is why we today in the the things he enjoyed most was a poem wright, Ossie Davis hitchhiked from United States House of Representatives that I think best personifies Ossie rural Georgia to Washington, D.C., join in consideration of H. Res. 69, Davis. And he would use this poem at where he studied at Howard University. which recognizes the extraordinary the end of everything that he would He left school 3 years later only to live contributions to the Nation of the late say. his dream of becoming a writer and an Ossie Davis, for his service to the Na- He would say, ‘‘Well, son, I’ll tell actor with the Rose McClendon Players tion in the military, as a civil rights you, you know, life for me ain’t been in Harlem in 1939. leader and as an actor, and honors him no crystal stair. It’s had tacks in it and His acting career was interrupted in as a great American and pioneer in the splinters and boards torn up, no carpet World War II when the Army sent him annals of American history, and ex- on the floor, bare. But all the while I’s to Liberia, where he served at the presses its deepest condolences upon been aclimbing on and reaching land- Army’s first black station hospital be- his death to his wife, Ruby Dee Davis, ings and turning corners and some- fore being transferred to Special Serv- his other family members and all of his times going in the dark where there ices to write and produce stage shows friends and fans across the world. ain’t been no light. So, boy, don’t you for the troops. Thank you, Ossie. We will miss you. stop. Don’t you sit down on the steps He returned to the States committed Mr. WESTMORELAND. Mr. Speaker, because you find it’s kinda hard. Don’t to the power of art and its capacity to I yield such time as he may consume to you fall now. For I’s still climbing. I’s make viewers more human, to teach the gentleman from California (Mr. still going on, honey. You see, life for them to live. CUNNINGHAM). me ain’t been no crystal stair.’’ Mr. CUNNINGHAM. Mr. Speaker, I He was a trailblazer for African Life was no crystal stair to Ossie would like to thank Members on both Americans on stage. He debuted on Davis. And, you know, the Lord works sides of the aisle. Ossie Davis was more Broadway in 1946 in ‘‘Jeb,’’ and while in strange and mysterious ways; this is than just an actor. All of us benefited the show ran for only 9 days, it was Black History Month, and He chose during that production that he met his from Ossie Davis as more than just an this month to bring Ossie Davis home. wife, actress Ruby Dee. I would be neg- actor. I once heard him say that in every We salute you, our shining black ligent if I did not recognize and high- prince. light the importance of this event as it role that he played it was important to serve as a positive role model, and I Mr. WESTMORELAND. Mr. Speaker, inspired the marriage of one of the I have no further speakers at this mo- most revered and important couples think he did that. He held high standards. His family should be proud. He ment, and I reserve the balance of my ever to appear on stage and screen. time. Ossie appeared in dozens of TV pro- went about his work of activism very Mr. DAVIS of Illinois. Mr. Speaker, I grams and more than 30 films, begin- quietly, but yet he was very, very ef- yield 1 minute to the gentleman from ning with the 1950’s ‘‘No Way Out,’’ fective because when you do that, most Georgia (Mr. BARROW). with Dee and Sidney Poitier, and cul- people listen. And I think he was effec- Mr. BARROW. Mr. Speaker, it is an minating with last year’s ‘‘She Hate tive in more ways than as someone who honor to have the opportunity to pay Me.’’ As a playwright, he was most fa- stood up and beat on his chest. He my respects to a fellow native Geor- mous for the 1961’s controversial send- served at a positive role model. gian, especially a man like Ossie Davis. up of racial stereotypes, ‘‘Purlie Vic- I want to thank Ossie Davis for his On the stage and on the screen or in torious,’’ a production which would in- role in supporting this country and for the public spotlight, Ossie Davis used spire his relationship with Malcolm X. being a role model. Believing that art and activism can Earlier today I wanted to also speak his art and his talent to open Amer- go hand-in-hand, Ossie Davis never on the Tuskegee Airmen because they ica’s eyes, exposing the inequality and shied away from roles that took on the also served as a role model. I have been injustice of racial segregation, fighting status quo. Rather, he sought them out honored by being with the Tuskegee the witch-hunts of the 1950s, and pro- on stage and in life. Airmen on several occasions. They viding a voice of strength and honor for When singer-actor Paul Robeson was fought for their country. They never those Americans struggling just to targeted by the anti-Communist witch- lost a single bomber that they es- gain their basic freedoms. hunts of the 1950s, Ossie Davis and corted, and they served this country Those of us who grew up during the Ruby Dee were steadfast in their sup- proudly and also served as positive role turbulent times of the 1950s and 1960s port even as they were blacklisted models. Many of those role models are will remember the challenges our coun- themselves. They were brave. still alive today. try faced, and we will never forget They were at the forefront of the 1963 So I would like to thank again Mem- those individuals who led our country March on Washington, and when their bers on both sides of the aisle. Let us through those years. friend Malcolm X was assassinated, honor Ossie Davis for the man that he Ossie Davis was an activist and an Davis delivered a moving eulogy for was, for the activist that he was, for artist, but he was also a leader whose the controversial leader, whom he the actor that he was, and the father life we should celebrate. Without ques- praised as ‘‘our own black shining that he was. tion, Ossie and his wife of 56 years, prince’’ and ‘‘our living black man- Mr. DAVIS of Illinois. Mr. Speaker, I Ruby Dee, are role models for all gen- hood,’’ words that at the time took yield 2 minutes to the gentleman from erations to remember. courage to deliver. Georgia (Mr. SCOTT). I urge all my colleagues to pay our Ossie Davis and Ruby Dee raised Mr. SCOTT of Georgia. Mr. Speaker, respects and extend our condolences to their voices for numerous causes, in- what a sad occasion. We come to pay a Ruby Dee and the entire Davis family cluding support for the United Negro great tribute to a great American. And by supporting H. Res. 69. College Fund and vocal opposition to I want to join with my colleagues who Mr. DAVIS of Illinois. Mr. Speaker, I the war in Vietnam. But above all, are all here in recognition of this. yield 2 minutes to the gentlewoman Ossie Davis was an artist, his roles ul- Ossie Davis personified all that is from New York (Mrs. LOWEY). timately too numerous to count, yet good and what is right about America. Mrs. LOWEY. Mr. Speaker, I rise all were memorable; and we take com- Coming out of the backwoods of Geor- today in honor of Ossie Davis, a civil fort that he left this world doing what gia, Cogell, Georgia, he soon became rights advocate, a celebrated actor, he loved. recognized as a renaissance man, to do dedicated family man, upstanding resi- As Spike Lee said, ‘‘For an actor, if so many things so well, actor, play- dent of Westchester County, and my you’ve got to go, that’s the way to go wright, writer, civil rights leader, hu- dear friend. I feel very fortunate to out, still working, still ready to go.’’ manitarian, all of these things. have known Ossie and to have rep- I know that my colleagues will now I happened to know and got to know resented him and his wife, Ruby Dee, join me in recognizing the tremendous him through his work in the Alliance for the last 16 years.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H474 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Ossie Davis will be remembered by I have known Ossie Davis and Ruby ple, strong, that we can carry in our millions of Americans as an out- Dee for many years and love them very hearts and in our memories no matter standing actor. From his very first much and will cherish many, many where we are and reach out and touch movie role in the 1950s ‘‘No Way Out’’ memories of this great and humble and feel the reassurance that there is to roles in such classics as ‘‘Raisin In man. They were personal friends and behind everything we do; a simple, The Sun,’’ ‘‘Roots: The Next Genera- supporters of my predecessor, Con- moral, intelligent plan that must be tion,’’ ‘‘Miss Evers’ Boys,’’ Ossie’s ac- gressman Ron Dellums, who loved fulfilled in the course of time, even if complishments as an actor were truly them very much. all of our leaders, one by one, fall in amazing. He well deserved the many I must thank Ossie Davis for his battle.’’ honors and awards he received, most phone calls during very controversial I am going to miss him. recently as a Kennedy Center Honoree and challenging moments for me per- Mr. Speaker, these are wise words from a along with his wife, Ruby Dee. sonally after casting difficult votes. I truly remarkable man. But Ossie’s legacy goes well beyond will always remember and cherish his I never thought of Ossie as 87 years old, all that. His advocacy or civil rights is wisdom, his concern and his support; Mr. Speaker. The fact that young artists con- legendary. At a time when such activ- and I am deeply grateful for his words tinued to seek his advice and counsel until his ism would cost an actor his career, he of encouragement. final days is proof that he remained young in refused to be silent in the face of injus- My condolences go out to his beau- spirit. I will dearly miss my friend Ossie Davis. tice and he used his celebrity to draw tiful and intelligent and brilliant wife, My thoughts and prayers are with Ruby Dee attention to the plight of African his life companion, Ruby Dee, and his and his family. Americans. From his eulogy at the fu- entire family. The world has lost a Mr. DAVIS of Illinois. Mr. Speaker, neral for Dr. Martin Luther King, Jr., great man of distinction who will be it is my pleasure to yield 2 minutes to to his memorable voice-overs for the sorely missed. the gentlewoman from Georgia (Ms. United Negro College Fund, uttering May his soul rest in peace. MCKINNEY). the now-famous words, ‘‘A mind is a Mr. DAVIS of Illinois. Mr. Speaker, Ms. MCKINNEY. Mr. Speaker, I had terrible thing to waste,’’ Ossie contin- it is my pleasure to yield 2 minutes to the honor of knowing Ossie Davis. I ued throughout his life to fight for the gentlewoman from California (Ms. met him during my 2-year hiatus from civil rights and he became one of the WATERS), another contemporary and Congress, and after learning of my towering figures in that struggle. friend and colleague of Ossie Davis. story, he joined the thousands of Amer- I have so much admiration for all Ms. WATERS. Mr. Speaker, I thank icans who, too, were outraged at my that Ossie Davis did for my commu- the gentleman from Illinois (Mr. treatment by the dominant political nity, for Westchester County and the DAVIS) for yielding this time to me. personalities of the day and the media. Nation. I am proud to have represented Mr. Speaker, it is very difficult for He and his wife were committed to my him in the Congress. me to accept the fact that Ossie Davis return to Congress and acted on that I join my constituents, all his has passed. I am deeply saddened by his commitment. The Dee-Davis family friends, his fans and the world in departure, and I will truly miss him. I mourns but all of America mourns, too. mourning his passing. Our thoughts loved Ossie Davis and I love Ruby Dee, Ossie Davis is of particular note be- and prayers are with Ruby and his en- his wife of over 50 years. They are my cause he utilized the platform of an tire family. I urge my colleagues to friends, and whenever I had the oppor- arts icon as a part of his struggle join me in support of this resolution to tunity to be with them, I chose to against injustice in this country. honor the legacy of Ossie Davis. spend my time that way. Ossie Davis could have led a com- Mr. DAVIS of Illinois. Mr. Speaker, I His death is an incalculable loss to fortable life. Ossie Davis could have led yield 2 minutes to the gentlewoman the world of arts and entertainment, a quiet life, but Ossie Davis chose to from California (Ms. LEE). but more importantly, to the legions Ms. LEE. Mr. Speaker, I want to stand and stand again when doing so who for more than 60 years were in- thank the gentleman from Illinois (Mr. invited discomfort and controversy. spired by his intense commitment to I was honored to have had the oppor- DAVIS) for his leadership and for yield- social justice and improving life for Af- tunity to meet him personally. My con- ing me time and also to the gentleman rican Americans. dolences go out to his family and ad- from Georgia (Mr. BISHOP) for this res- Ossie and Ruby were pioneers who mirers, and I am pleased to make this olution. opened many a door previously shut It is with truly a deep sense of sad- statement from the floor of the United tight to African American artists and ness and sorrow that I come to the States House of Representatives for all planted the seed for the success that floor today to say a few words about a America and for history to know the artists of color enjoy today. A towering truly great American. Ossie Davis also stalwart warrior legacy left to us by figure as a playwright, screenwriter, is a true American patriot. He was the late great Ossie Davis. director and producer and actor, Ossie called to serve in Liberia during World Mr. DAVIS of Illinois. Mr. Speaker, Davis’s career spans more than half a War II. He later transferred to the Spe- may I inquire as to how much time I century, and his enormous body of cial Services where he wrote and pro- have left. work includes award-winning perform- duced stage shows for our troops. The SPEAKER pro tempore (Mr. Ossie was a trailblazer whose courage ances on stage, television, and more LAHOOD). The gentleman from Illinois 1 extended far beyond the stage and than 50 motion pictures. (Mr. DAVIS) has 3 ⁄2 minutes remaining. screen into the civil rights movement Many times he put his career on the Mr. DAVIS of Illinois. Mr. Speaker, and the fight against racial discrimina- line and took the heat for supporting could I indulge my colleague to yield tion. He truly was a man for all sea- our campaigns and events. He and to us maybe 6 minutes? sons. Ruby sued in Federal court for black Mr. WESTMORELAND. Yes, I yield. voting rights and risked their careers Mr. DAVIS of Illinois. Mr. Speaker, b 1630 revisiting McCarthyism. Yet because it is my pleasure to yield 2 minutes to Ossie always spoke truth to power. Ossie was a man of integrity and con- the gentlewoman from Detroit, Michi- During Senator McCarthy’s anti-Com- scious, the labels did not stick and at- gan (Ms. KILPATRICK). munist witch hunts of the 1960s, Ossie tempts to discredit him all failed. Ms. KILPATRICK of Michigan. Mr. Davis sued for voting rights and spoke In 1982, Ossie Davis joined the Con- Speaker, I thank the gentleman for out in support of the singer and actor, gressional Black Caucus and other yielding me 2 minutes. a great hero, Paul Robeson, though it groups from the black leadership com- I, too, want to add my appreciation resulted, of course, in him getting munity to develop ‘‘the Plan,’’ which for the soul of Mr. Ossie Davis: coura- blacklisted. still guides us today in the work that geous, king, gentleman, warrior, Ossie not only was at the forefront of we must do in order to reach racial and friend. We honor him today and his the march on Washington in 1963, but economic equality. memory, for when he walked in a room, he courageously delivered a moving At the time, Ossie said when he was we knew that the strength of African and memorable eulogy at the funeral of developing the plan, ‘‘Give us a plan of American men was being represented Malcolm X. action, a 10 black commandments, sim- wherever he went.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H475 When he spoke, when he gave his Ruby Dee Davis, his other family members, can American Male, and Ossie Davis time, when he reached out to all of us and his friends. and Ruby Dee were the luncheon to let us know that we could be what- Ossie Davis, the actor distinguished for speakers. Of course, the luncheon had ever it is that we wanted to be and roles dealing with racial injustice on stage, standing room only, people trying to with God in us, as he was in Mr. DAVIS, screen and in real life, died last week at the get in; and it was at that gathering we knew that we would overcome. age of 87. where Ossie Davis stated that it was To Ruby Dee and her family for over He was the longtime husband and partner his personal mission to reverse the 50 years, thank you for sharing him of actress Ruby Dee. Ossie Davis wrote, trends affecting young black males, with us. Mr. Ossie Davis, he lives today acted, directed and produced for the theater such as drug tradition, high dropout and he will always live because he is an and Hollywood, and was a central figure rates and criminal issues. example to all of us how we should live among black performers of the last five dec- Ossie Davis will forever live in our with dignity and pride, face challenges ades. He and Dee celebrated their 50th wed- hearts and minds through his commu- head on, and speak the truth. ding anniversary in 1998 with the publication nity outreach, his talents on and off Thank you, Mr. DAVIS, and may you of a dual autobiography, ‘‘In This Life To- camera, and as a loving father and hus- rest in peace. gether.’’ band. He will also be recognized on the Mr. DAVIS of Illinois. Mr. Speaker, In 2004, Ossie Davis and his wife Ruby Dee world stage as a pioneer of the civil it is my pleasure to yield 2 minutes to were among the artists selected to receive the rights movement, fighting for justice, the energetic gentlewoman from Hous- Kennedy Center Honors. equality and what he knew were the ton, Texas (Ms. JACKSON-LEE). When not on stage or on camera, Davis and right things to do. (Ms. JACKSON-LEE of Texas asked Dee were deeply involved in civil rights issues Ossie Davis felt a collective effort of and was given permission to revise and and efforts to promote the cause of blacks in change was needed in our community extend her remarks.) the entertainment industry. They nearly ran and our country, but as he once said, Ms. JACKSON-LEE of Texas. Mr. afoul of the anti-Communist witch-hunts of the ‘‘It’s not the man, it’s the plan.’’ Speaker, I thank my friend and col- early 1950s, but were never openly accused Today, we honor the man, but we will league for his leadership in managing of any wrongdoing. never forget the plan, the life and the this very special tribute that a very Ossie Davis was the oldest of five children influence of Ossie Davis. distinguished Member of Congress, the of a self-taught railroad builder and herb doc- Mr. Speaker, I yield the remainder of gentleman from Georgia (Mr. BISHOP), tor, was born in tiny Cogdell, GA, in 1917 and our time to the gentlewoman from the has allowed us to be able to join him grew up in nearby Waycross and Valdosta. He District of Columbia (Ms. NORTON), for on. I thank the gentleman from Geor- left home in 1935, hitchhiking to Washington our final words, as she has just dashed gia (Mr. BISHOP) for letting us acknowl- to enter Howard University, where he studied in, another contemporary and friend of edge to the world our appreciation and drama, intending to be a playwright. his. respect for Ossie Davis and for Ruby His career as an actor began in 1939 with Ms. NORTON. Mr. Speaker, I thank Dee. the Rose McClendon Players in Harlem, then the gentleman for yielding me the Ossie Davis belonged to the world, the center of black culture in America. There, time; and I hasten to add, he did not and he belonged to those of us in Amer- the young Ossie Davis met or mingled with mean that I was 87 years old, but he is ica, regal, tall, forthright and honest some of the most influential figures of the right that I regard myself as a good and certainly an enormous story teller. time, including the preacher Father Divine, friend of Ossie Davis and Ruby Dee, I understand now that he is a son of W.E.B. DuBois, A. Philip Randolph, Langston and if I may say so, Ossie Davis and Georgia, the red soil of Georgia; but in Hughes and Richard Wright. Ruby Dee are the most remarkable fact, he was a hero of America. Along with film, stage and television, the couple in the history of arts and letters Thank you, Ruby Dee, for sharing couple’s careers extended to a radio show, in the United States, ever; and now we him. Thank you for the exemplary ‘‘The Ossie Davis and Ruby Dee Story Hour,’’ have lost one half of that couple, and commitment that two people showed to that ran on 65 stations for 4 years in the mid- America across this land mourns the the world of 50-plus years and how 1970s, featuring a mix of black themes. passing of a great artist. pleased we were that we were able to Ossie Davis, you will be missed. Mr. Speaker, Ossie Davis was a ren- give in 2004 to Ossie Davis and Ruby Mr. DAVIS of Illinois. Mr. Speaker, I aissance man. A renaissance man is not Dee the Kennedy Center Honors. yield myself such time as I may con- a Jack of All Trades. One definition I stand here today, Mr. Speaker, not sume. says: a man who has broad intellectual so much to chronicle all of the at- I believe that all of our speakers who interests and is accomplished in areas tributes and contributions that Ossie are here have had an opportunity to of both the arts and the sciences. Davis made. When he was willing to speak. I will use the rest of our time to The notion of the renaissance man stand tall in the midst of the civil close. comes from the great Renaissance era, rights era, when he could use his tal- I want to thank the gentleman from the Italian Renaissance, the English ents simply to enhance himself, he de- Georgia for yielding a portion of the Renaissance. Out of the English Ren- cided to use that eloquent voice to time, and I want to thank all of those aissance came such new talents as Wil- fight for justice and equality and stand who came over to speak. There were a liam Shakespeare. alongside of A. Philip Randolph, to number of additional individuals who Ossie Davis merits the title Renais- stand alongside of Martin King, to had signed up but were not able to get sance man. There is no area of the arts stand alongside those who could not here, people like the gentleman from in which he did not excel, and he did speak for themselves. Michigan (Mr. CONYERS), the gen- not start with the arts. He insisted Growing up in nearby Waycross and tleman from New Jersey (Mr. PAYNE), upon being a man of his time and a Valdosta and being born in Cogdell, the gentlewoman from the Virgin Is- man of his race. To have been a renais- Georgia, in 1917, one would think that lands (Mrs. CHRISTENSEN), the gen- sance man in your time, no matter who he would succumb to being just a rural tleman from Maryland (Mr. CUMMINGS), you were, whatever your advantages, is country boy; but he took those beau- the gentlewoman from California (Ms. to live up to an impossible standard, tiful and wonderful roots and made WATSON), the gentleman from New but to have been born in the worst them the strength of America and the York (Mr. TOWNS), and unfortunately, years of segregation and lynching and strength of himself. they were not able to come. mob violence in our country, in the I will just simply say, may he rest in I simply want to indicate that Ossie South of the United States and to have peace. God bless him and God bless Davis and Ruby Dee were as much a risen to be a man of letters and of the Ruby Dee and his family. part of being activists as they were arts who, of course, most recently was Mr. Speaker, I am pleased to be here today being actors, and I want to thank the honored with the greatest honors of to recognize the extraordinary contributions of gentleman from Georgia (Mr. BISHOP) our country at the Kennedy Center is the late Ossie Davis for his service to the Na- for giving us all the opportunity to to give new meaning to the very words tion in the military, as a civil rights leader, and share in his life today. Renaissance man. as an actor. I would like to express my deep- In November of 2003, we launched Who are the men who are understood est condolences upon his death to his wife something called the State of the Afri- to be Renaissance men? To give my

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H476 CONGRESSIONAL RECORD — HOUSE February 9, 2005 colleagues a cross-section of them, including the critically acclaimed ‘‘Purlie Vic- most cutting-edge films of the last few years. Leonardo Da Vinci, Paul Robeson, torious’’ and ‘‘Cotton Comes to Harlem’’. Ossie He has been a staple in almost all of director Thomas Jefferson. even had a radio show with his wife, ‘‘The Spike Lee’s films including, Jungle Fever, Get b 1645 Ossie Davis and Ruby Dee Story Hour,’’ which on the Bus, School Daze and the classic Do ran on 65 stations for four years in the mid- the Right Thing. We use that word when we think of 1970s. Ossie has received numerous honors Ossie also distinguished himself as writer men whose talents are so broad and so for his work including being inducted into the and director. He wrote or directed many nu- wide, as evidenced in the works they Theater Hall of Fame in 1994 and being merous films and plays, the most well known have produced, that there is no other among the artists to receive the Kennedy Cen- being the 1970 film Cotton Comes to Harlem. word for them. We cannot simply call ter honors in 2004. In particular he wrote frequently about the civil them an artist. We cannot simply call Ossie Davis will always be remembered as rights struggle of African Americans. One of them a producer. We cannot simply one our most cherished civil rights leaders. In the plays Davis wrote and directed was The call them a playwright. We cannot sim- celebration of his life and accomplishments, I People of Clarendon County, about one of the ply call them a stage actor. Because strongly urge that we pass this resolution. cases that led to the 1954 U.S. Supreme they are all those things. Mr. RANGEL. Mr. Speaker, I rise to honor Court decision prohibiting school segregation. And then, of course, to have been the the life of an extraordinary, artist, activist, and He also wrote dramas about the brutal 1955 kind of artist who understood that American, Ossie Davis. Just two months ago killing of the black teenager Emmett Till, the without compromising his art he could I made remarks to the House about Ossie and Montgomery bus boycott, and Martin Luther become a leader in the greatest revolu- his wife Ruby Dee, on the occasion of their King. tion of our time, the civil rights revo- acceptance of Kennedy Center Honors. It is He was a two-time Tony Award nominee, lution, is to have set a standard that with great sorrow that I know make remarks first nominated in 1958 for Best Featured all of us must admire. on his passing. Actor in a Musical for his performance in Ja- Mr. Speaker, I appreciate that this I am consoled only by the fact that Ossie maica. He was again nominated in 1970 for resolution has come from the whole leaves behind a life of great achievement. the musical Purlie, based on his 1961 play House, and I ask the whole House to Along the way he established himself as one Purlie Victorious. Ossie would go on to receive join me and the country in celebrating Black America’s greatest ambassadors to the many honors and citations, including the Hall the fact that Ossie Davis proves that if arts, and one of this country’s major contribu- of Fame Award for Outstanding Artistic you let a man’s talent shine, he will tors to human and civil rights. Born and raised Achievement in 1989; the Theater Hall of overcome whatever you have to throw in Georgia, he would lived the cruelties of the Fame in 1994; the U.S. National Medal for the up and whatever you have to throw Jim Crow South. He also saw how his parents Arts in 1995; and the Kennedy Center Honor out. endured the struggles of that period. It aspired in 2004. We are blessed, we are honored that a in him a desire to write. As he once said, ‘‘I Outside of the stage and screen, Ossie renaissance man of his immense talent decided to become a writer so that I could tell spoke out on some of the most controversial lived among us and gave so much of his their stories.’’ issues on the day—moves that were ex- talent to his country and to his world. In 1935 he would hitchhike to Washington tremely risky to his career. With wife Ruby by Mr. WESTMORELAND. Mr. Speaker, DC, to study at Howard University. There he his side, he would stand up for victims of the I yield myself the balance of my time would study drama, with the intent of being a McCarthy-era witch-hunts, including the fa- to urge all Members to vote for House playwright. During his time in Washington he mous Black entertainer and activist Paul Resolution 69. would witness the great African America opera Robson. He also openly embraced the great leader Malcolm X, at a time when many Mr. PAYNE. Mr. Speaker, I rise today to join singer Marian Anderson perform on the steps prominent African Americans feared doing so. my colleagues in honoring the life and accom- of the Lincoln Memorial, after she barred from Whether through his participation in the March plishments of a monumental figure in our his- performing at Constitution Hall. The beautiful on Washington, to his suit in federal court to tory. and inspiring performance solidified his deci- guarantee Black voting rights, to his arrest for Ossie Davis was one of our most prominent sion to purse a career in the arts so that he protesting the wrongful killing of African immi- and active civil rights leaders. He was a voice would be able to share is culture with the grant Amadou Diallo, he remained an activist. of freedom. A voice that would not falter in the world. face of danger. A voice that could not be si- In 1939 he came to Harlem—at that time A February 9, 2005 op-ed in the New York lenced in a time of injustice. He stood with the culture center of Black America. There he Post attests to this fact. It is said that on the day that Ossie passed, Martin Luther King, Jr. in the fight for equality would begin to hone his craft as a member of the Broadway stages dimmed their lights in his and participated in the March on Washington the Rose McClendon Players, an African honor. There is a sweet irony to this, because in 1963. He was even blacklisted from Holly- American acting company. He would also the impact that he had on this country will wood in 1950s for his political beliefs. meet and be influenced by some of the great never dim. Through his work and deeds, the I had the honor of meeting Ossie Davis and Black figures of the time, such as, W.E.B legacy of Ossie Davis will shine bright forever. his wife Ruby Dee last year at a 25th anniver- DuBois, A. Philip Randolph, and Langston [From the New York Post, Feb. 9, 2005] sary gala for Crossroads Theater in New Hughes. Brunswick, New Jersey. Ossie and Ruby were World War II would soon interrupt Ossie’s BEING OSSIE being honored for their long-time support of stay in Harlem. In the war, he served as an HE NEVER FEARED A RIGHTEOUS FIGHT the historic African-American theater. They Army surgical technician in an all African (By Leonard Greene) generously donated their time to participate in American unit. Shocked by the Nazis’ treat- The irony in the death of actor Ossie fundraisers for the theater and played a key ment of Jews and frustrated by the inequities Davis, of course, is that the person most qualified to deliver his eulogy is sadly un- role in helping Crossroads thrive. he saw in the Army, he returned to America in available. During the 87 years of his life, Ossie Davis 1945 determine to bring about change through If you ever led a people’s movement, or demonstrated the true definition of a role his work. spoke out against war, or empowered the model. He graduated in the top 5 percent of In 1946, Davis made his Broadway debut in underclass, or fought for freedom, or made his class in high school. On a quest for higher the play Jeb, winning rave reviews. It was on men stand up straight or took a bullet while knowledge and education, Ossie hitch hiked the set of that play that he would meet his speaking for voiceless garbagemen, there from his home in Cogdell, Georgia all the way wife and life partner Ruby Dee. He went on to was no better man to speak at your memorial than the man who married Ruby Dee. to Washington, DC to attend Howard Univer- perform in many Broadway productions, in- Just ask anyone who crowed into Harlem’s sity. Ossie also dutifully served his country for cluding Anna Lucasta, The Wisteria Trees, Faith Temple Church on that cold day in 4 years in World War II as a surgical techni- Green Pastures, Jamaica, Ballad for Bimshire, February, in 1965, when the masses said cian. The Zulu and the Zayda, and the stage goodbye to one of their many martyrs. Ossie Davis was a man who frequently version of I’m Not Rappaport. He is probably Malcolm X had died in a hail of angry bul- chose the path less traveled and broke down best known on stage for his role in A Raisin lets, and those who were also wounded needed to hear just the right words. barriers, especially on Broadway and in the in the Sun (1959), a role he would reprise ‘‘Malcolm was our manhood, our living, entertainment industry. Using the arts, he cap- again in the play’s film version. black manhood,’’ Davis said to the sad as- italized on every opportunity to build aware- He starred in numerous film and TV roles sembled crowd. ‘‘This was his meaning to his ness about the racial injustices occurring in throughout his career. Though a veteran of the people. And, in honoring him, we honor the this country. He wrote several screen plays, movie biz, he continued to star in some of the best in ourselves.’’

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H477 Three years later, after another bullet Ossie’s career spanned the last five dec- Besides an outstanding career on Broad- rang out, and another strong black leader ades as a writer, and actor, director and pro- way, Ossie Davis should also be remembered was silenced, Davis again searched within, ducer for the theater and in film. He was a as a pioneer in the film and theatre world, in- and found more words to soothe. Martin Lu- trailblazer for African Americans. He served cluding his performance in the movie classic, ther King Jr. had been assassinated the day before in Memphis, and tensions in New York our country in World War II as a surgical tech- ‘‘A Raisin in the Sun.’’ were running high nician in the first black station hospital and I will fondly remember when the couple trav- ‘‘How much, America, do you expect us to also entertained his fellow soldiers as a writer eled in the early 1980s to my district of Dallas bear?’’ Davis said at a memorial rally in Cen- and producer of stage shows. He came home to shoot their show, ‘‘With Ossie & Ruby’’, a tral Park. ‘‘There is not time left. For every from war and used his talents both on stage public television series produced by a local tel- Martin they cut down, there must be a hun- and off to make the world a better place. evision station. They were also very generous dred Martins to step into his shoes.’’ He and his wife Ruby Dee shared their lives to local charities, including the Black Academy Davis never did find his hundred. He never and their art and together received Kennedy of Arts and Letters. even found five or 10. There could only ever Center Honors for their lifetime achievements His marriage of more than 50 years to ac- be one Martin. So Davis did the next best tress, Ruby Dee is truly an inspiration to many thing. in the arts, the National Medal of the Arts and He continued being Ossie. the Screen Actor Guild’s Lifetime Achievement people, young and old. Last year, they both Often, being Ossie meant lending his name, Award. received the Kennedy Center Honors for their voice and body to a cause when others were He was a friend, a great talent, a leader, lifetime of achievement in the arts. silent or invisible. and a great American. He will be greatly Mr. Speaker, we should all learn by the ex- Whether he was organizing the historic missed. ample of the life of Ossie Davis. Our nation 1963 March on Washington—where King gave Mr. OWENS. Mr. Speaker, most of the will remember his courage, determination, hu- his ‘‘I Have a Dream’’ speech—or trying to world knows that Ossie Davis was the ‘‘Man mility, and service to our country. save the famed Apollo Theater, Davis was as with a Plan’’. He urged the African American Mrs. CHRISTENSEN. Mr. Speaker, I rise in dedicated to a righteous outcome as he was leadership to unite behind a blueprint for lib- support of H. Res. 69 that honors the life and to getting his lines right. accomplishments of the late Ossie Davis, an ‘‘I’ve known Ossie since I was a teenager, eration, progress and prosperity. Today I and he has supported my efforts, sometimes would also like to note that Ossie Davis was American actor and activist par excellence. alone, in the struggle for civil and human the man always available to support a just When you think about the importance of im- rights,’’ said the Rev. Al Sharpton, an activ- cause. His great fame and success never led ages, and the lives you can influence with im- ist in his own right. ‘‘Ossie was always him to succumb to the isolation of stardom. He ages, you have to agree that Ossie Davis has gentle, committed and supportive.’’ was a natural superstar who never lost his stood tall as an image well respected by sev- Sharpton recalls the months after Amadou touch with activists and the common man. eral generations of Americans, in particular Af- Diallo, an unarmed immigrant, was shot to Personally I owe many debts to Ossie Davis rican American youth. death by police on the Bronx street six years and Ruby Dee. I first met him at civil rights ral- As an actor, playwright, and filmmaker, ago. lies in the sixties. When he was called he Ossie Davis crafted images that reflect what is Many prominent rappers, who had decried good about African American manhood. His police brutality in the lyrics they spat out showed up for rallies and demonstrations and over sampled beats, wouldn’t step outside never indicated any fear of reprisals at the box tall stature, his deep voice, his choice of roles their studios to actually protest against it. office. In 1982, as I campaigned for Congress, that successfully portrayed the lives, hopes But when Davis, 81 at the time, and his he responded to my call for help and hosted and dreams of African American men from wife were asked to participate, they wasted a fundraiser for MAJOR OWENS, the little youth to senior, gave the world a view of the no time getting arrested. known, underdog candidate for the district pre- best that we can be. For Davis, ‘‘action’’ meant something viously represented by Congresswoman Shir- As an activist, Ossie Davis did not fail to more than a word from a director. ley Chisholm. Some years later he responded speak up for his fellow man, he was a vibrant In the end, the Rev. James Forbes and the part of the struggle for civil rights in this coun- Rev. Calvin Butts, two community icons, to my plea for his presence at an ‘‘All-Night will share officiating duties at Davis’ funeral Teach-In’’ held at the Borough of Manhattan try. He lent his voice and his energies to those Saturday. Community College to protest devastating causes that benefited not only himself, but Despite the challenge, their task will be budget cuts of education and social programs. many of those around him. somewhat easier because their subject—un- My last face to face meeting with Ossie Davis Ossie Davis’s legendary partnership with like Malcolm and Martin—lived to see 40 occurred at a Brooklyn College ‘‘Rally for the Ruby Dee as an artist, an activist and as a years. Twice. Restoration of Democracy in Haiti’’. That was husband and father, was also a strong and And therein lies the answer to the hypo- in October of 2004, just four months ago. enduring image for all American families. thetical that has intrigued us for a genera- I commend Ossie Davis at the culmination tion: What would have become of Malcolm Again, not worrying about the consequences of his public statement, Ossie Davis de- of his life, for contributing to the health of the and Martin if they had been allowed to grow African American community by providing us old? Chances are they would have gotten nounced the murder of democracy in Haiti by gray, and moved a little slower—two fires the Bush administration. To the very end he with healthy images of ourselves to treasure that still burned, but would not go out. was a ‘‘Man with a Plan’’ available to promote and to pass on to our children. They would have been dismissed by some truth, freedom and justice. His life and the The Congressional Black Caucus has lost a as past their prime. Yet they would have record of his achievements will long endure to friend in Ossie Davis. He helped to frame our kept on walking, and kept on talking, and inspire millions in the future. mission all those years ago by emphasizing to kept on fighting for justice and good schools Ms. EDDIE BERNICE JOHNSON of Texas. us at the first Annual Legislative event that ‘‘it until the very last breath escaped from their Mr. Speaker, I join our Nation in mourning and is not the man, it’s the plan.’’ Over the years dying lips. we have been encouraged by his friendship Just like Ossie. remembering one of our finest citizens, Mr. Ossie Davis. and we will miss his counsel. Mr. LEWIS of Georgia. Mr. Speaker, Amer- Born Raidford Chatman Davis or ‘‘Ossie’’ in Mr. KINGSTON. Mr. Speaker, most people ica has lost more than an entertainer. We Cordell, Georgia in 1917, Ossie Davis knew at will remember Ossie Davis as the deep-voiced have lost one of the most committed and dedi- an early age exactly what he wanted to do in actor who paved the way for African-American cated citizens that I have ever known. We life. He decided to attend college at Howard performers. He helped widen horizons for grew up with Ossie Davis. During the March University to become a playwright. blacks on stage and screen while fighting for from Selma to Montgomery, during the strug- Many of us knew Ossie as an actor and po- civil rights from Washington to Hollywood. gle in Birmingham he was one of the people litical activist but he also served in the United Born in Codgell, Ga, in my district, Raiford that the Civil Rights Movement depended on States Army during World War II, where he Chatman Davis was known as ‘‘RC.’’ This was to help mobilize people and support for our ef- was stationed at the Army’s first black station later misunderstood to be ‘‘Ossie’’ and he kept forts. hospital before being transferred to special the name his entire life. He was a fighter for civil liberty, for civil services to write and produce stage shows for Ossie Davis grew up in Waycross and Val- rights, for social justice, and for peace. Wheth- the troops. dosta, Georgia. He later hitchhiked to Wash- er it was speaking out against violence abroad During the civil rights era, Ossie and his ington, DC to attend Howard University to or violence here at home, he lent his voice. wife Ruby Dee fought tirelessly to promote study drama. Ossie Davis had intended to be Whether it was narrating a film or serving as equal rights and justice for African-Americans a writer, but his fame came from his incisive master of ceremonies at a civil rights rally, he subjected to segregation. And although he suf- and wide-ranging acting performances over was there. He dedicated his life and his art to fered tremendous loss professionally, his ca- five decades, even as he wrote plays and the causes of justice and peace. reer has been nothing short of stellar. screenplays and directed and produced.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H478 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Ossie and his wife, Ruby Dee, were married Dee and Davis were frequently in Atlanta, talk to,’’ said actor Burt Reynolds. ‘‘I’ll still in 1948. Their marriage was a true partner- where she starred in ‘‘St. Lucy’s Eyes’’ at talk to him every night, I know he’s sitting ship, and during their decades together they the Alliance Theatre, and they were honored next to God, now, and I know God envies worked to make America a better place. They by the Atlanta Film Festival, both in 2003. that voice, and I hope he listens when Ossie They made frequent appearances at tells him his ideas of what brotherhood entertained us in the films and theater produc- Spelman, Morehouse and Morris Brown col- means.’’ tions they starred in together. They were tire- leges, as well as Clark Atlanta University. Mr. CUMMINGS. Mr. Speaker, I rise today less activists during the civil rights era. They ‘‘He and Ruby Dee were like the Lunt and to honor Mr. Ossie Davis, an American leg- persevered when blacklisted during the Fontanne for African-Americans, and all of end. Ossie Davis was an actor and an activist McCarthy era. Nothing shook their devotion to us as Americans,’’ said Kent Gash, associate who believed the function of art was to better artistic director of the Alliance Theatre. ‘‘He each other or to the causes that motivated society. He said he could not imagine art with- them. was just always so real, and that was always so true about his work, both as an actor and out struggle, and he could not imagine strug- In December, when Ossie Davis was hon- gle without being knee deep in it. His worthy ored at the Kennedy Center, Sean ‘‘P-Diddy’’ as a writer. He just quietly pushed a lot of barriers out of the way and continued to do struggled ended on February 4, 2005, at the Combs said that Davis helped pave the road this amazing work for an incredible period of age of 87, while practicing the craft he loved for two generations of black performers. time.... He paved the way for so many of so dearly on the set of the movie Retirement. Ossie Davis said that night, ‘‘We knew that us in American theater.’’ Mr. Speaker, throughout his life, Ossie every time we got a job and every time we C.B. Hackworth, the writer and producer of Davis was knee deep in struggle. He was born were onstage, America was looking to make the special, said Davis told him he had been in 1917, in Cogdell, Georgia, the heart of the judgments about all black folks on the basis of ill when they met him in early January to do segregated South. His mother named him how you looked, how you sounded, how you filming. Raiford Chatman Davis, RC for short. But carried yourself. So any role you had was a ‘‘He said, ‘I’m not at my best, but don’t when his mother pronounced his initials to the role that was involved in the struggle for black worry, I’ll do it as many times as you need.’ He was a consummate professional,’’’ white nurse in attendance, the nurse mis- identification. You couldn’t escape it.’’ Hackworth said. heard her, and recorded the infant’s name as In an example of art imitating life, Ossie The oldest of five children, the artist was Davis delivered the eulogy in the film ‘‘Mal- Ossie. Fearful of challenging the white nurse’s born Raiford Chatman Davis in tiny Cogdell, authority, Laura Davis accepted her son’s new colm X.’’ it was the same eulogy he had actu- Ga., on Dec. 18, 1917, and grew up in nearby ally delivered at Malcolm X’s memorial serv- Waycross and Valdosta. His mother’s pro- name. ice. Davis was politically active, especially with nunciation of his initials R.C. was heard as Mr. Speaker, Ossie Davis’s childhood was the civil rights movement, and he was also an Ossie. He left home in 1935, hitchhiking to not an easy one. His father oversaw the build- opponent to Senator Joseph McCarthy’s Com- Washington to enter Howard University, ing of railroads in Georgia. A manager and su- munist witch hunt of the 1950s. where he studied drama, intending to be a pervisor, Kince Charles Davis was an anomaly playwright. in the segregated South. In fact, his esteemed [From the Ledger, Feb. 9, 2005] By 1939, he’d made his way to Harlem, OSSIE DAVIS WAS A TRAILBLAZER IN LIFE, position made the Davis family the target of N.Y., where he got work as an actor and min- racism and threats of violence. More than ART gled with the likes of Langston Hughes, (By Wendell Brock) W.E.B. Du Bois and Richard Wright. once, the KKK threatened to shoot Kince Ossie Davis helped break the color barrier He and Dee first worked together in the Davis ‘‘like a dog.’’ on Broadway, was a quiet but conscientious 1946 Broadway play ‘‘Jeb.’’ In December 1948, Mr. Speaker, from a young age, Ossie force in the civil rights movement and—late on a day off from rehearsals from another Davis took refuge from racism by plunging into in his 65-year career in the entertainment in- play, they took a bus to New Jersey to get his studies. He loved Shakespeare and dustry—became a picture of cool among a married. dreamed of becoming a writer and an actor younger generation of African-American art- ‘‘They were so close that it felt almost like himself. In 1939 he followed his dreams to an appointment we finally got around to ists, including filmmaker Spike Lee, pop New York City, and joined the Rose mogul Sean P. Diddy Combs and Atlanta di- keeping,’’ Dee wrote in their 1998 autobiog- rector Kenny Leon. raphy, ‘‘In This Life Together.’’ McClendon Players. He befriended the intel- The tall, lumbering Davis and his wife, the ‘‘I thought it was a pretty good use of a lectual giants of the Harlem Renaissance, actress Ruby Dee, were a luminous and near- Thursday,’’ Davis wrote with his trademark basked in the glow of their brilliance, and was ly inseparable celebrity couple. Together, pithiness. inspired by their passion for empowerment they received the National Medal of the Arts He appeared in dozens of TV programs and through the unity of arts and politics. from President Clinton in 1995 and the pres- more than 30 films, beginning with 1950’s ‘‘No Ossie Davis made sacrifices for his craft. Way Out,’’ with Dee and Sidney Poitier, and tigious Kennedy Center Honors last year. After an evening performance, he would often But at the end of the day, Davis, who died culminating in last year’s ‘‘She Hate Me.’’ Friday at 87, remained a generous, easily ap- But perhaps his most enduring film legacy retire to a nearby park bench. But for Davis, proachable senior statesman for the arts who is his six-picture run with Lee: ‘‘School the sacrifices were well worth it. Towards the never forgot his humble beginnings as the Daze,’’ ‘‘Do the Right Thing,’’ ‘‘Jungle end of his life, Davis recalled the moment he son of a South Georgia railroad worker who Fever,’’ ‘‘Malcolm X,’’ ‘‘Get on the Bus’’ and understood his mission as a black artist. In could not write his name. ‘‘She Hate Me.’’ 1939, he heard Marian Anderson, who had ‘‘When he started working with Spike Lee, ‘‘He was just a model of how you can be an been banned from performing in Constitution artist and an activist, that one did not ne- it revitalized his career,’’ said film historian gate the other,’’ Lee said Friday. ‘‘That one Donald Bogle. ‘‘I actually think he’s better Hall, sing in front of the Lincoln Memorial. Ac- did not have to be scared that if you speak (in the Lee films) than he was as a younger cording to USA Today, he told students at out, it would kill or wipe out your career. It actor. He’s so powerful, so assured.’’ Cornell University in the 1990s, ‘‘I understood is a great loss, but we will celebrate his life.’’ Davis and Dee often found themselves in fully for the first time the importance of black ‘‘Ossie and Ruby are like the godfather and the eye of social and political change. song, black music, black arts. I was handed godmother of American theater,’’ said Leon, With a voice as comforting and mellifluous my spiritual assignment that night.’’ recalling how the couple attended previews as a country preacher, he gave eulogies at Mr. Speaker, Ossie Davis believed he had a of his Broadway production of ‘‘A Raisin in the funerals of the Rev. Martin Luther King the Sun’’ last year and gave notes to stage Jr. and Malcolm X, whom he called ‘‘our own responsibility to his race and a responsibility to newcomer Combs. ‘‘Ossie is certainly the black shining prince—who didn’t hesitate to his country. In 1942, he enlisted in the Army soul of black theater.’’ die, because he loved us so.’’ and served as a surgical technician in Liberia. Davis, who was in Miami Beach filming a Besides his extensive acting and directing His patriotism, his heartfelt belief in what comedy called ‘‘Retirement,’’ was found dead credits for stage, film and TV, Davis was the America could and should be, guided him in his hotel room early Friday morning. The author of eight plays, including 1961’s throughout his life. He chose to perform in passing of the tall, robust octogenarian with ‘‘Purlie Victorious,’’ a comedy lampooning plays that showcased America’s promise, the rich baritone caught his family and col- racial stereotypes. leagues by surprise. In 1970, Davis co-wrote the book for while demonstrating its flaws. One such play At the time of her husband’s death, Dee ‘‘Purlie,’’ a musical version of the play. A re- was ‘‘Jeb,’’ an American Negro Theater pro- was in New Zealand working on her own film vival of the musical is planned for Broadway duction about a black soldier returning from project. A family spokesman said Friday next season. World War II only to encounter racism in the afternoon that the actress was en route to The rousing gospel song, ‘‘Walk Him up the country for which he fought. ‘‘Jeb’’ was an im- the couple’s home in New Rochelle, N.Y., and Stairs,’’ is a highlight of that show. Sung at portant piece of social commentary. For Ossie that arrangements would be announced a funeral, it is likely to have a special reso- later. nance when Davis’ story returns to Broad- Davis, it was doubly important, because it was Besides Dee, Davis is survived by three way. in ‘‘Jeb’’ that he met his wife, his partner in children: Nora; Hasna; and Guy, a blues art- ‘‘He took the hearts of millions with him, love and life, as well as in art and activism, ist; and seven grandchildren. and I will never get over not having him to Ruby Dee.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H479 Mr. Speaker, the union of Ossie Davis and Davis received several awards throughout the rules were suspended and the reso- Ruby Dee was among the most fruitful acting his career, including the Screen Actors Guild lution was agreed to. partnerships in American history. Together, Lifetime Achievement award and the Kennedy A motion to reconsider was laid on they made well over 150 films and plays. They Center Honor, which he received with his wife the table. also made history. During the fiery days of the in 2004. f Red Scare, Davis and Dee, who were nearly In particular, I will recall his powerful voice blacklisted themselves, stood up for their as host of the annual National Memorial Day ANNOUNCEMENT BY THE SPEAKER friend Paul Robeson, and for America’s key Concert held on the West Lawn of the Capitol. PRO TEMPORE freedoms. Reflecting on those trying years, As an eleven-time host of the concert, his ap- The SPEAKER pro tempore. Pursu- Davis told the Boston Globe in 2003, ‘‘I’m sure pearance each and every year was an inspir- ant to clause 8 of rule XX, proceedings my wife and I suffered, but we never knew ing addition to our remembrance of those who will resume on motions to suspend the whether we were being punished for being served our nation. rules previously postponed. Votes will Mr. Speaker, I was truly saddened upon black or being red.’’ be taken in the following order: learning of his passing this past Friday. I Mr. Speaker, Ossie Davis and Ruby Dee House Concurrent Resolution 6, by would like to express my deepest condolences fought for an end to racism in American cities the yeas and nays; to Ossie Davis’ family. My thoughts are with and in American film. They crusaded for civil House Concurrent Resolution 26, by his wife Ruby Dee and his three children Guy liberties and protested for peace. They served the yeas and nays; and Davis, Hasna Muhammad, and particularly as MC’s during the 1963 March on Wash- House Concurrent Resolution 30, by ington. They worked with black leaders like Dr. Nora Day, a proud resident of Montclair, NJ. the yeas and nays. Martin Luther King, Jr., Malcolm X, and Fannie Mrs. JONES of Ohio. Mr. Speaker, I rise The first electronic vote will be con- Lou Hamer. Upon their deaths, Davis eulo- today to express my support for H. Res. 69, ducted as a 15-minute vote. Remaining gized Malcolm X and Martin Luther King, Jr. honoring the life and accomplishments of the Ossie Davis understood the value of hard late Ossie Davis. electronic votes will be conducted as 5- work, the potential for collective action, and Ossie Davis was a devoted African Amer- minute votes. the crucial responsibility of government. When ican, husband, father, actor, director, soldier, f President Reagan proposed a 50% cut in the activist, and pioneer. He was born in 1917 in EXPRESSING SENSE OF CONGRESS National Endowment for the Humanities budg- Cogdell, GA and was the son of a railroad THAT DEPARTMENT OF DE- et, Davis registered his dissent to the House worker. Ossie Davis was passionately involved FENSE CONTINUE TO EXERCISE Appropriations Subcommittee. He said, ‘‘I was in civil rights issues and efforts to advance the ITS AUTHORITY SUPPORTING AC- able to pull myself up by my bootstraps—but cause of African Americans in the entertain- TIVITIES OF BOY SCOUTS OF only because the Federal Government pro- ment industry. Known for taking roles that vided the boots.’’ tackled racial injustice, he understood the im- AMERICA Ossie Davis was an actor and activist, a portance of black song, black music, and The SPEAKER pro tempore. The player and a poet, a husband and a father, an black arts. pending business is the question of sus- example to us all. Mr. Speaker, my words are His career as an actor began in 1939 with pending the rules and agreeing to the insufficient to memorialize this great man. In- the Rose McClendon Players in Harlem. It concurrent resolution, H. Con. Res. 6. stead, I leave you with Ossie Davis’s wise was there that he met and mingled with some The Clerk read the title of the con- words, from an interview with Tavis Smiley on of the most influential figures of his time, in- current resolution. National Public Radio. ‘‘We can’t float through cluding Langston Hughes, A. Phillip Randolph The SPEAKER pro tempore. The life, we can’t be incidental or accidental. We and W.E.B. DuBois. question is on the motion offered by must fix our gaze on a guiding star as soon His acting career was interrupted when he the gentleman from Colorado (Mr. as one comes up on the horizon. And once was asked to serve in the Army during World HEFLEY) that the House suspend the we’ve attached ourselves to that star, we must War II. He served in Libya at an African Amer- rules and agree to the concurrent reso- keep our eyes on it and our hands on the ican medical unit as an Army Surgical techni- lution, H. Con. Res. 6, on which the plough.’’ cian, where he stabilized some of the 700,000 yeas and nays are ordered. Mr. Speaker, let us let Ossie Davis’s words soldiers wounded in that war. The vote was taken by electronic de- In 1948, Ossie Davis debuted on Broadway be our guiding star. May he rest in peace. vice, and there were—yeas 418, nays 7, in ‘‘Jeb,’’ a play about a soldier returning Mr. PASCRELL. Mr. Speaker, I rise today in not voting 8, as follows: support of H. Res. 69, a resolution honoring home. His co-star was Ruby Dee, his wife of [Roll No. 24] the life and accomplishments of the late actor, 56 years, whose stage career paralleled his director, veteran, and civil rights activist Ossie own. The couple went on to write, direct, and YEAS—418 Davis. star in several films, most notably ‘‘Cotton Abercrombie Boozman Clay Comes to Harlem’’ in 1970 and ‘‘Countdown at Ackerman Boren Cleaver Ossie Davis was born in Cogdell, Georgia in Aderholt Boswell Clyburn 1917. Davis realized his love for acting and Kusini’’ in 1976. Ossie appeared in over 80 Akin Boucher Coble writing while attending Howard University, productions and was honored by the Kennedy Alexander Boustany Cole (OK) here in Washington, D.C. After finishing his Center for Performing Arts in 2004. Allen Boyd Conaway Andrews Bradley (NH) Conyers education, Davis moved to Harlem, New York I had the unique opportunity to meet and Baca Brady (PA) Cooper on a quest to start his acting career. Before he spend time with Ossie Davis over the years, Bachus Brady (TX) Costa could move into acting, Davis was drafted by and cherished every moment. He was a man Baird Brown (OH) Costello the United States Army. He served in the of character, wisdom, dignity, and excellence. Baker Brown (SC) Cox Baldwin Brown, Corrine Cramer Army medical unit during World War II. He embodied a sly humor and genuine kind- Barrett (SC) Brown-Waite, Crenshaw Ossie Davis appeared in almost all forms of ness that many will remember him by. My Barrow Ginny Crowley entertainment. He was brilliant to watch on thoughts and prayers go out to his family, Bartlett (MD) Burgess Cubin stage and knew how to captivate an audience. Barton (TX) Burton (IN) Cuellar friends, and all who loved him. As we cele- Bass Butterfield Culberson On screen he made all the characters he brate Black History Month, let us remember Bean Buyer Cummings played come to life right before our eyes. the life and accomplishments of the late Ossie Beauprez Calvert Cunningham Even as great as he was on stage and film, Davis, a true pioneer and advocate of African Becerra Camp Davis (AL) Berkley Cannon Davis (CA) Davis’ passion was writing. He wanted to Americans in the entertainment industry and in Berman Cantor Davis (FL) move audiences not just by his acting but by life. Berry Capito Davis (IL) his written word. Mr. WESTMORELAND. Mr. Speaker, Biggert Capps Davis (KY) Davis and his wife Ruby Dee, also an es- I yield back the balance of my time. Bilirakis Capuano Davis (TN) Bishop (GA) Cardin Davis, Jo Ann tablished actor, were very active in civil rights The SPEAKER pro tempore (Mr. Bishop (NY) Cardoza Davis, Tom issues and promoting African-Americans in the LAHOOD). The question is on the mo- Bishop (UT) Carnahan Deal (GA) entertainment industry. They sued for African- tion offered by the gentleman from Blackburn Carson DeFazio American voting rights, and when their friend, Georgia (Mr. WESTMORELAND) that the Blunt Carter DeGette Boehlert Case Delahunt Paul Robeson, was blacklisted, they stood by House suspend the rules and agree to Boehner Castle DeLauro his side only to become a victim themselves. the resolution, H. Res. 69. Bonilla Chabot DeLay Ossie and Ruby Dee were proud participants The question was taken; and (two- Bonner Chandler Dent in the March on Washington in 1963. thirds having voted in favor thereof) Bono Chocola Diaz-Balart, L.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H480 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Diaz-Balart, M. Kildee Pence Wamp Weldon (FL) Wilson (SC) Davis (AL) Jackson-Lee Northup Dicks Kilpatrick (MI) Peterson (MN) Wasserman Weldon (PA) Wolf Davis (CA) (TX) Norwood Dingell Kind Peterson (PA) Schultz Weller Wu Davis (FL) Jefferson Nunes Doggett King (IA) Petri Waters Westmoreland Wynn Davis (IL) Jenkins Nussle Doolittle King (NY) Pickering Watson Wexler Young (AK) Davis (KY) Jindal Oberstar Doyle Kingston Pitts Watt Whitfield Young (FL) Davis (TN) Johnson (CT) Obey Drake Kirk Platts Waxman Wicker Davis, Jo Ann Johnson (IL) Olver Dreier Kline Poe Weiner Wilson (NM) Davis, Tom Johnson, E. B. Ortiz Duncan Knollenberg Pombo Deal (GA) Johnson, Sam Osborne Edwards Kolbe Pomeroy NAYS—7 DeFazio Jones (NC) Otter Ehlers Kuhl (NY) Porter Blumenauer Lee Woolsey DeGette Jones (OH) Owens Emanuel LaHood Portman Frank (MA) McDermott Delahunt Kanjorski Oxley Emerson Langevin Price (GA) Kucinich Stark DeLauro Kaptur Pallone Engel Lantos Price (NC) DeLay Keller Pascrell English (PA) Larsen (WA) Pryce (OH) NOT VOTING—8 Dent Kelly Pastor Etheridge Larson (CT) Putnam Eshoo Hinojosa Snyder Diaz-Balart, L. Kennedy (MN) Paul Evans Latham Radanovich Feeney Ros-Lehtinen Stupak Diaz-Balart, M. Kennedy (RI) Payne Everett LaTourette Rahall Hinchey Rush Dicks Kildee Pearce Farr Leach Ramstad Dingell Kilpatrick (MI) Pelosi Fattah Levin Rangel b 1715 Doggett Kind Pence Ferguson Lewis (CA) Regula Doolittle King (IA) Peterson (MN) Filner Lewis (GA) Rehberg Mr. MCDERMOTT and Ms. WOOLSEY Doyle King (NY) Peterson (PA) Fitzpatrick (PA) Lewis (KY) Reichert changed their vote from ‘‘yea’’ to Drake Kingston Petri Kirk Pickering Flake Linder Renzi ‘‘nay.’’ Dreier Foley Lipinski Reyes Duncan Kline Pitts Forbes LoBiondo Reynolds Mr. BUTTERFIELD changed his vote Edwards Knollenberg Platts Ford Lofgren, Zoe Rogers (AL) from ‘‘nay’’ to ‘‘yea.’’ Ehlers Kolbe Poe Fortenberry Lowey Rogers (KY) Emanuel Kucinich Pombo So (two-thirds having voted in favor Kuhl (NY) Pomeroy Fossella Lucas Rogers (MI) thereof) the rules were suspended and Emerson Foxx Lungren, Daniel Rohrabacher Engel LaHood Porter Franks (AZ) E. Ross the concurrent resolution was agreed English (PA) Langevin Portman Lantos Price (GA) Frelinghuysen Lynch Rothman to. Etheridge Larsen (WA) Price (NC) Gallegly Mack Roybal-Allard Evans The result of the vote was announced Larson (CT) Pryce (OH) Garrett (NJ) Maloney Royce Everett as above recorded. Latham Putnam Gerlach Manzullo Ruppersberger Farr LaTourette Radanovich Gibbons Marchant Ryan (OH) A motion to reconsider was laid on Fattah Leach Rahall Gilchrest Markey Ryan (WI) Ferguson the table. Lee Ramstad Gillmor Marshall Ryun (KS) Filner Levin Rangel Gingrey Matheson Sabo f Fitzpatrick (PA) Lewis (CA) Regula Gohmert McCarthy Salazar Flake Lewis (GA) Rehberg Gonzalez McCaul (TX) Sa´ nchez, Linda Foley HONORING THE TUSKEGEE Lewis (KY) Reichert McCollum (MN) T. Goode AIRMEN Forbes Linder Renzi Goodlatte McCotter Sanchez, Loretta Ford Lipinski Reyes Gordon McCrery Sanders The SPEAKER pro tempore (Mr. Fortenberry LoBiondo Reynolds Granger McGovern Saxton LAHOOD). The pending business is the Fossella Lofgren, Zoe Rogers (AL) Graves McHenry Schakowsky question of suspending the rules and Foxx Lowey Rogers (KY) Green (WI) McHugh Schiff Frank (MA) agreeing to the concurrent resolution, Lucas Rogers (MI) Green, Al McIntyre Schwartz (PA) Franks (AZ) Lungren, Daniel Rohrabacher Green, Gene McKeon Schwarz (MI) H. Con. Res. 26. Frelinghuysen E. Ross Grijalva McKinney Scott (GA) The Clerk read the title of the con- Gallegly Lynch Rothman Gutierrez McMorris Scott (VA) current resolution. Garrett (NJ) Mack Roybal-Allard Gutknecht McNulty Sensenbrenner Gerlach Maloney Royce Hall Meehan Serrano The SPEAKER pro tempore. The Gibbons Manzullo Ruppersberger Harman Meek (FL) Sessions question is on the motion offered by Gilchrest Marchant Ryan (OH) Harris Meeks (NY) Shadegg the gentleman from Alabama (Mr. ROG- Gillmor Markey Ryan (WI) Hart Melancon Shaw Gingrey ERS) that the House suspend the rules Marshall Ryun (KS) Hastings (FL) Menendez Shays Gohmert Matheson Sabo Hastings (WA) Mica Sherman and agree to the concurrent resolution, Gonzalez McCarthy Salazar Hayes Michaud Sherwood H. Con. Res. 26, on which the yeas and Goode McCaul (TX) Sa´ nchez, Linda Hayworth Millender- Shimkus nays are ordered. Goodlatte McCollum (MN) T. Hefley McDonald Shuster Granger McCotter Sanchez, Loretta Hensarling Miller (FL) Simmons This will be a 5-minute vote. Graves McCrery Sanders Herger Miller (MI) Simpson The vote was taken by electronic de- Green (WI) McDermott Saxton Herseth Miller (NC) Skelton vice, and there were—yeas 423, nays 0, Green, Al McGovern Schakowsky Higgins Miller, Gary Slaughter not voting 10, as follows: Green, Gene McHenry Schiff Hobson Miller, George Smith (NJ) Grijalva McHugh Schwartz (PA) Hoekstra Mollohan Smith (TX) [Roll No. 25] Gutierrez McIntyre Schwarz (MI) Holden Moore (KS) Smith (WA) YEAS—423 Gutknecht McKeon Scott (GA) Holt Moore (WI) Sodrel Hall McKinney Scott (VA) Honda Moran (KS) Solis Abercrombie Blunt Capuano Harman McMorris Sensenbrenner Hooley Moran (VA) Souder Ackerman Boehlert Cardin Harris McNulty Serrano Hostettler Murphy Spratt Aderholt Boehner Cardoza Hart Meehan Sessions Hoyer Murtha Stearns Akin Bonilla Carnahan Hastings (FL) Meek (FL) Shadegg Hulshof Musgrave Strickland Alexander Bonner Carson Hastings (WA) Meeks (NY) Shaw Hunter Myrick Sullivan Allen Bono Carter Hayes Melancon Shays Hyde Nadler Sweeney Andrews Boozman Case Hayworth Menendez Sherman Inglis (SC) Napolitano Tancredo Baca Boren Castle Hefley Michaud Sherwood Inslee Neal (MA) Tanner Bachus Boswell Chabot Hensarling Millender- Shimkus Israel Neugebauer Tauscher Baird Boucher Chandler Herger McDonald Shuster Issa Ney Taylor (MS) Baker Boustany Chocola Herseth Miller (FL) Simmons Istook Northup Taylor (NC) Baldwin Boyd Clay Higgins Miller (MI) Simpson Jackson (IL) Norwood Terry Barrett (SC) Bradley (NH) Cleaver Hobson Miller (NC) Skelton Jackson-Lee Nunes Thomas Barrow Brady (PA) Clyburn Hoekstra Miller, Gary Slaughter (TX) Nussle Thompson (CA) Bartlett (MD) Brady (TX) Coble Holden Miller, George Smith (NJ) Jefferson Oberstar Thompson (MS) Barton (TX) Brown (OH) Cole (OK) Holt Mollohan Smith (TX) Jenkins Obey Thornberry Bass Brown (SC) Conaway Honda Moore (KS) Smith (WA) Jindal Olver Tiahrt Bean Brown, Corrine Conyers Hooley Moore (WI) Sodrel Johnson (CT) Ortiz Tiberi Beauprez Brown-Waite, Cooper Hostettler Moran (KS) Solis Johnson (IL) Osborne Tierney Becerra Ginny Costa Hoyer Moran (VA) Souder Johnson, E. B. Otter Towns Berkley Burgess Costello Hulshof Murphy Spratt Johnson, Sam Owens Turner Berman Burton (IN) Cox Hunter Murtha Stark Jones (NC) Oxley Udall (CO) Berry Butterfield Cramer Hyde Musgrave Stearns Jones (OH) Pallone Udall (NM) Biggert Buyer Crenshaw Inglis (SC) Myrick Strickland Kanjorski Pascrell Upton Bilirakis Calvert Crowley Inslee Nadler Sullivan Kaptur Pastor Van Hollen Bishop (GA) Camp Cubin Israel Napolitano Sweeney Keller Paul Vela´ zquez Bishop (NY) Cannon Cuellar Issa Neal (MA) Tancredo Kelly Payne Visclosky Bishop (UT) Cantor Culberson Istook Neugebauer Tanner Kennedy (MN) Pearce Walden (OR) Blackburn Capito Cummings Jackson (IL) Ney Tauscher Kennedy (RI) Pelosi Walsh Blumenauer Capps Cunningham

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H481 Taylor (MS) Van Hollen Weller Cooper Hostettler Murphy Souder Tiberi Waxman Taylor (NC) Vela´ zquez Westmoreland Costa Hoyer Murtha Spratt Tierney Weiner Terry Visclosky Wexler Costello Hulshof Musgrave Stark Towns Weldon (FL) Thomas Walden (OR) Whitfield Cox Hunter Myrick Stearns Turner Weldon (PA) Thompson (CA) Walsh Wicker Cramer Hyde Nadler Strickland Udall (CO) Weller Thompson (MS) Wamp Wilson (NM) Crenshaw Inglis (SC) Napolitano Sullivan Udall (NM) Westmoreland Thornberry Wasserman Wilson (SC) Crowley Inslee Neal (MA) Sweeney Upton Wexler Tiahrt Schultz Wolf Cubin Israel Neugebauer Tancredo Van Hollen Whitfield Tiberi Waters Tanner Vela´ zquez Woolsey Cuellar Issa Ney Wicker Tierney Watson Tauscher Visclosky Wu Culberson Istook Northup Wilson (NM) Towns Watt Cummings Jackson (IL) Norwood Taylor (MS) Walden (OR) Wynn Wilson (SC) Turner Waxman Cunningham Jackson-Lee Nunes Taylor (NC) Walsh Young (AK) Wolf Udall (CO) Weiner Davis (AL) (TX) Nussle Terry Wamp Young (FL) Woolsey Udall (NM) Weldon (FL) Davis (CA) Jefferson Oberstar Thomas Wasserman Wu Upton Weldon (PA) Davis (FL) Jenkins Obey Thompson (CA) Schultz Thompson (MS) Waters Wynn NOT VOTING—10 Davis (IL) Jindal Olver Davis (KY) Johnson (IL) Ortiz Thornberry Watson Young (AK) Eshoo Hinojosa Snyder Davis (TN) Johnson, E. B. Osborne Tiahrt Watt Young (FL) Feeney Mica Stupak Davis, Jo Ann Johnson, Sam Otter NOT VOTING—11 Gordon Ros-Lehtinen Davis, Tom Jones (NC) Owens Hinchey Rush Deal (GA) Jones (OH) Oxley Eshoo Hinojosa Ros-Lehtinen DeFazio Kanjorski Pallone Fattah Johnson (CT) Snyder b 1724 DeGette Kaptur Pascrell Feeney Kucinich Stupak Delahunt Keller Pastor Hinchey McHugh So (two thirds of those having voted DeLauro Kelly Paul in favor thereof) the rules were sus- DeLay Kennedy (MN) Payne b 1730 pended and the concurrent resolution Dent Kennedy (RI) Pearce So (two thirds having voted in favor was agreed to. Diaz-Balart, L. Kildee Pelosi Diaz-Balart, M. Kilpatrick (MI) Pence thereof) the rules were suspended and The result of the vote was announced Dicks Kind Peterson (MN) the concurrent resolution, as amended, as above recorded. Dingell King (IA) Peterson (PA) was agreed to. A motion to reconsider was laid on Doggett King (NY) Petri The result of the vote was announced the table. Doolittle Kingston Pickering Doyle Kirk Pitts as above recorded. Stated for: Drake Kline Platts A motion to reconsider was laid on Mr. MICA. Mr. Speaker, I was unavoidably Dreier Knollenberg Poe the table. detained and was unable to vote on rollcall Duncan Kolbe Pombo Edwards Kuhl (NY) Pomeroy f vote No. 25. Had I been present, I would have Ehlers LaHood Porter voted ‘‘yea’’ on this measure. Emanuel Langevin Portman REPORT ON RESOLUTION PRO- Emerson Lantos Price (GA) VIDING FOR FURTHER CONSID- f Engel Larsen (WA) Price (NC) ERATION OF H.R. 418, REAL ID English (PA) Larson (CT) Pryce (OH) ACT OF 2005 SUPPORTING GOALS AND IDEALS Etheridge Latham Putnam OF NATIONAL BLACK HIV/AIDS Evans LaTourette Radanovich Mr. SESSIONS, from the Committee AWARENESS DAY Everett Leach Rahall on Rules, submitted a privileged report Farr Lee Ramstad The SPEAKER pro tempore (Mr. Ferguson Levin Rangel (Rept. No. 109–4) on the resolution (H. LAHOOD). The pending business is the Filner Lewis (CA) Regula Res. 75) providing for further consider- question of suspending the rules and Fitzpatrick (PA) Lewis (GA) Rehberg ation of the bill (H.R. 418) to establish Flake Lewis (KY) Reichert and rapidly implement regulations for agreeing to the concurrent resolution, Foley Linder Renzi H. Con. Res. 30, as amended. Forbes Lipinski Reyes State driver’s license and identifica- The Clerk read the title of the con- Ford LoBiondo Reynolds tion document security standards, to Fortenberry Lofgren, Zoe Rogers (AL) prevent terrorists from abusing the current resolution. Fossella Lowey Rogers (KY) The SPEAKER pro tempore. The Foxx Lucas Rogers (MI) asylum laws of the United States, to question is on the motion offered by Frank (MA) Lungren, Daniel Rohrabacher unify terrorism-related grounds for in- the gentleman from Georgia (Mr. Franks (AZ) E. Ross admissibility and removal, and to en- Frelinghuysen Lynch Rothman sure expeditious construction of the DEAL) that the House suspend the rules Gallegly Mack Roybal-Allard and agree to the concurrent resolution, Garrett (NJ) Maloney Royce San Diego border fence, which was re- H. Con. Res. 30, as amended, on which Gerlach Manzullo Ruppersberger ferred to the House Calendar and or- Gibbons Marchant Rush dered to be printed. the yeas and nays are ordered. Gilchrest Markey Ryan (OH) This will be a 5-minute vote. Gillmor Marshall Ryan (WI) f Gingrey Matheson Ryun (KS) The vote was taken by electronic de- SPECIAL ORDERS vice, and there were—yeas 422, nays 0, Gohmert McCarthy Sabo Gonzalez McCaul (TX) Salazar The SPEAKER pro tempore (Mr. not voting 11, as follows: Goode McCollum (MN) Sa´ nchez, Linda [Roll No. 26] Goodlatte McCotter T. BOUSTANY). Under the Speaker’s an- Gordon McCrery Sanchez, Loretta nounced policy of January 4, 2005, and YEAS—422 Granger McDermott Sanders under a previous order of the House, Abercrombie Bishop (NY) Butterfield Graves McGovern Saxton Ackerman Bishop (UT) Buyer Green (WI) McHenry Schakowsky the following Members will be recog- Aderholt Blackburn Calvert Green, Al McIntyre Schiff nized for 5 minutes each. Akin Blumenauer Camp Green, Gene McKeon Schwartz (PA) f Alexander Blunt Cannon Grijalva McKinney Schwarz (MI) Allen Boehlert Cantor Gutierrez McMorris Scott (GA) MERCK SAW VACCINE RISKS Andrews Boehner Capito Gutknecht McNulty Scott (VA) Baca Bonilla Capps Hall Meehan Sensenbrenner The SPEAKER pro tempore. Under a Bachus Bonner Capuano Harman Meek (FL) Serrano previous order of the House, the gen- Baird Bono Cardin Harris Meeks (NY) Sessions Baker Boozman Cardoza Hart Melancon Shadegg tleman from Indiana (Mr. BURTON) is Baldwin Boren Carnahan Hastings (FL) Menendez Shaw recognized for 5 minutes. Barrett (SC) Boswell Carson Hastings (WA) Mica Shays Mr. BURTON of Indiana. Mr. Speak- Barrow Boucher Carter Hayes Michaud Sherman er, over the past 4 or 5 years, I have, as Bartlett (MD) Boustany Case Hayworth Millender- Sherwood Barton (TX) Boyd Castle Hefley McDonald Shimkus chairman of the Committee on Govern- Bass Bradley (NH) Chabot Hensarling Miller (FL) Shuster ment Reform and chairman of the Sub- Bean Brady (PA) Chandler Herger Miller (MI) Simmons committee on Health and Human Beauprez Brady (TX) Chocola Herseth Miller (NC) Simpson Becerra Brown (OH) Clay Higgins Miller, Gary Skelton Rights, held a number of hearings re- Berkley Brown (SC) Cleaver Hobson Miller, George Slaughter garding mercury in vaccines and what Berman Brown, Corrine Clyburn Hoekstra Mollohan Smith (NJ) kind of an impact it had on children. Berry Brown-Waite, Coble Holden Moore (KS) Smith (TX) When we first started having the Biggert Ginny Cole (OK) Holt Moore (WI) Smith (WA) Bilirakis Burgess Conaway Honda Moran (KS) Sodrel hearings, we were concerned that there Bishop (GA) Burton (IN) Conyers Hooley Moran (VA) Solis was an epidemic of autism and other

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H482 CONGRESSIONAL RECORD — HOUSE February 9, 2005 neurological disorders in children, and It is criminal, it is criminal in my pany, based in Whitehouse Station, N.J., we found from scientists who testified opinion, that this sort of thing takes faces hundreds of lawsuits claiming that the before the committee over the years place. Mercury in any vaccination, drug caused heart problems and that Merck that there was no doubt that one of the whether it is a child’s vaccination or concealed the risks. Merck, which in Sep- tember pulled Vioxx off the market, has de- major contributing factors to neuro- an adult vaccination, should be re- nied the allegations. logical problems, including autism moved. Mercury is one of the most The legacy of thimerosal, meanwhile, also among children, was the mercury in toxic substances on Earth. It is toxic is causing problems for Merck and other vaccines under the title of Thimerosal, to the neurological system of adults drug companies. which is a preservative. and, especially, infants, and yet chil- More than 4,200 claims have been filed in a Thimerosal is a preservative which dren have been getting as many as 30 special federal tribunal, the Vaccine Injury contains 50 percent ethyl mercury, and vaccinations before they start in the Compensation Program, by parents asserting that their children suffered autism or other as children got more and more vaccina- first grade of school; and we have an neurodevelopmental disorders from mercury tions, as many as 30 now before they absolute epidemic of neurological prob- in vaccines. A handful of similar claims are start in the first grade, the incidence of lems, including autism. awaiting trial in civil courts. The plaintiffs neurological disorders, autism and Mr. Speaker, I will submit this arti- cite various scientific studies that they say other childhood mental problems, grew cle for the RECORD. I am going to send prove the dangers of thimerosal, including at dramatically. It used to be 1 in 10,000 a ‘‘Dear Colleague’’ around to all of my the levels found in vaccines. children were autistic, according to the colleagues, and I hope everybody, and Thimerosal has been largely removed from Centers for Disease Control. Now it is 1 my good friend the gentlewoman from pediatric vaccines in recent years in what health officials have described as a pre- in 150. We have an absolute epidemic of California has been working with me cautionary measure. (This has been accom- autism. on this for a long time, I hope that ev- plished as drug makers have voluntarily The pharmaceutical companies for erybody will pay attention and talk to switched from multi-dose vials of vaccine, years have said that there is no cor- their pharmaceutical representatives which require a chemical preservative like relation between the mercury in vac- and get mercury out of all vaccina- thimerosal, to single-dose containers.) cines and the autism and other neuro- tions, but especially every childhood In September, Gov. Arnold Schwarzenegger logical childhood disorders, and things vaccination. The future of America designed legislation prohibiting vaccines with like Alzheimer’s in adults. But this more than trace amounts of thimerosal from pends on that, because these children being given to babies and pregnant women. past week on the front page of the Los are going to grow up, they are going to Iowa has a similar ban. Angeles Times there was a very, very become dependent upon the taxpayer For their part, Merck and other vaccine long article, and I want to read to you, and it is going to cost all of us trillions makers, along with many government health Mr. Speaker, some of the things that of dollars if we do not deal with the officials and scientists, say there is no cred- were in that article. problem now. ible evidence of harm from the amounts of The title of the article was ‘‘’91 [From the Los Angeles Times, Feb. 8, 2005] mercury once widely present in kids’ shots. They cite a report in May by a committee of Memo Warned of Mercury in Vaccines ’91 MEMO WARNED OF MERCURY IN SHOTS and Shots.’’ ’91 was the year. The the national Institute of Medicine con- (By Myron Levin) cluding that the evidence ‘‘favors rejection March 1991 memo, obtained by the A memo from Merck & Co. shows that, of a causal relationship’’ between vaccines Times, shows that nearly a decade be- nearly a decade before the first public disclo- and autism. fore our Federal health agency first sure, senior executives were concerned that The seven-page Merck memo was provided publicly disclosed the potential dan- infants were getting an elevated dose of mer- to The Times by James A. Moody, a Wash- gers of mercury in vaccines, senior ex- cury in vaccinations containing a widely use ington lawyer who works with parent groups ecutives from Merck & Company, a sterilizing agent. on vaccine safety issues. He said he obtained major pharmaceutical company, were The March 1991 memo, obtained by The it from a whistle-blower whom he would not already aware that infants were get- Times, said that 6-month-old children who name. received their shots on schedule would get a The memo provides the ‘‘first hard evi- ting an elevated dose of mercury in mercury dose up to 87 times higher than dence that the companies knew—or at least vaccinations containing the widely guidelines for the maximum daily consump- Merck knew—that the children were getting used preservative Thimerosal, a pre- tion of mercury from fish. significantly more mercury’’ than the gen- servative containing nearly 50 percent ‘‘When viewed in this way, the mercury erally accepted dose, the lawyer said. mercury by weight. load appears rather large,’’ said the memo He also provided a copy to attorneys for In fact, the memo clearly states, ‘‘If from Dr. Maurice R. Hilleman, an inter- Vera Easter, a Texas woman who blames thi- eight doses of Thimerosal-containing nationally renowned vaccinologist. It was merosal for the condition of her 7-year-old son, Jordan, who is autistic and mentally re- vaccine were given in the first 6 written to the president of Merck’s vaccine division. tarded. The Easter lawsuit is pending in U.S. months of life, the mercury given, say The memo was prepared at a time when District Court for the Eastern District of to an average-size infant of 12 pounds, U.S. health authorities was aggressively ex- Texas. The defendants include Merck; rival would be 87 times the daily allowance panding their immunization schedule by add- vaccine makers GlaxoSmithKline, Aventis of mercury for a baby of that size.’’ ing five new shots for children in their first Pasteur Inc. and Wyeth; and thimerosal de- Eighty-seven times. six months. Many of these shots, as well as veloper Eli Lilly & Co. The memo further states, ‘‘It is rea- some previously included on the vaccine Easter’s lawyer, Andy Waters, described sonable to conclude that Thimerosal schedule, contained thimerosal, an anti- the memo as ‘‘incredibly damning and incredibly significant.’’ After receiving it in should be removed from single-dose bacterial compound that is nearly 50% ethyl mercury, a neurotoxin. the fall, he confronted Merck lawyers about vials when it can be removed, espe- Federal health officials disclosed for the why he hadn’t seen it earlier. cially where use in infants and young first time in 1999 that many infants were In a letter to Waters in October, Merck at- children is anticipated.’’ being exposed to mercury above health torneys said they had in fact made available At the time this memo was written, guidelines through routine vaccinations. The 32 boxes of records, but that the copying U.S. health authorities were recom- announcement followed a review by the U.S. service hired by the plaintiffs for some rea- mending an aggressive expansion of the Food and Drug Administration that was de- son had failed to copy several of the boxes— immunization schedule for children in scribed at the time as a first effort to assess including the one with the Hilleman memo. ‘‘The memo,’’ said company spokeswoman their first 6 months of life, adding five the cumulative mercury dose. But the Merck memo shows that at least Mary Elizabeth Blake, ‘‘was produced volun- new shots to the schedule. And many of one major manufacturer was aware of the tarily by Merck in the ordinary course of these shots, as well as shots already in- concern much earlier. discovery proceedings.’’ cluded in the vaccine immunization ‘‘The key issue is whether thimerosal, in Hilleman is a former senior vice president schedule, contained mercury and Thi- the amount given with the vaccine, does or of Merck who developed numerous vaccines merosal. does not constitute a safety hazard,’’ the for the company. A 1999 profile in the Phila- What did the pharmaceutical commemo said. ‘‘However, perception of hazard delphia Inquirer said that ‘‘it is no exaggera- pany do after learning this? They did may be equally important.’’ tion to assert, as many scientists do, that Merck officials would not discuss the con- Maurice Hilleman has saved more lives than nothing. Absolutely nothing. It took 8 tents of the memo, citing pending litigation. any other living scientist.’’ years before they started removing Separately, the drug giant is trying to fend Hilleman, 85, currently director of the Thimerosal from any of the children’s off a legal onslaught over Vioxx, the popular Merck Institute for Vaccinology, had offi- vaccines. painkiller it introduced in 1999. The com- cially retired and was a consultant to Merck

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H483 when he wrote the ’91 memo. He declined to version of its hepatitis B vaccine, replacing The Iraq elections did not vindicate be interviewed. the only thimerosal-containing vaccine it the doctrine of preemptive war, and The memo was sent to Dr. Gordon Douglas, was still marketing at the time, a company they do not undo all the death and de- then head of Merck’s vaccine division and spokesman said. struction that has occurred as a result. now a consultant for the Vaccine Research By 2002, thimerosal had been eliminated or Center at the National Institutes of Health. reduced to trace levels in nearly all child- They demonstrated that the Iraqis can Douglas also declined to comment. hood vaccines. One exception is the pediatric and should take control of their own The memo stated that regulators in sev- flu vaccine made by Aventis and still sold destinies. Leaving will not be sufficient eral countries had raised concerns about thi- mainly in multidose vials. to defeat the insurgency, but staying merosal, including in Sweden, where the f absolutely will intensify it. chemical was being removed from vaccines. What is fueling the insurgency and The SPEAKER pro tempore. Under a ‘‘The public awareness has been raised by what gave rise to it in the first place is the sequential wave of experiences in Sweden previous order of the House, the gen- our continued military presence in including mercury exposure from additives, tleman from Ohio (Mr. BROWN) is rec- Iraq. Our troops, whom the administra- fish, contaminated air, bird deaths from eat- ognized for 5 minutes. tion assured us would be embraced as ing mercury-treated seed grains, dental (Mr. BROWN of Ohio addressed the liberators, are the focal point of anti- amalgam leakage, mercury allergy, etc.,’’ House. His remarks will appear here- the memo said. American extremism, making them after in the Extensions of Remarks.) It noted that Sweden had set a daily max- sitting ducks. imum allowance of mercury from fish of 30 f Let me be clear: I am not advocating micrograms for a 160-pound adult, roughly a cut-and-run strategy. It would be ir- the same guideline used by the FDA. Adjust- SMART SECURITY AND THE CASE ing for the body weight of infants, Hilleman FOR LEAVING IRAQ, PART 5 responsible for the United States to abandon the Iraqi people. What we calculated that babies who received their The SPEAKER pro tempore. Under a shots on schedule could get 87 times the mer- must do is play a role in facilitating cury allowance. previous order of the House, the gentle- their transition to stable democracy. The Swedish and FDA guidelines work out woman from California (Ms. WOOLSEY) We ought to work with Iraq’s elected to about four-tenths of a microgram of mer- is recognized for 5 minutes. officials, the United Nations and the cury per kilogram of body weight. A stricter Ms. WOOLSEY. Mr. Speaker, people Arab League to create an international standard of one-tenth of a microgram per around the world were greatly moved peacekeeping force that will keep Iraq kilogram has been adopted by the Environ- by the courage of millions of Iraqis secure. Much of the money we are mental Protection Agency and endorsed by who braved death to cast a ballot on the National Research Council. spending on this military campaign These standards are based on methyl mer- January 30, Iraq’s first democratic should be diverted to infrastructure cury, the type found in fish and airborne elections in over 50 years. The Iraqi projects that will improve Iraqis’ lives, emissions from power plants. Though toxic, elections, however, did not justify this such as road construction, new schools, the ethyl mercury in thimerosal may be less destructive war, neither the lies used water processing plants and more. hazardous than methyl mercury, some sci- to sell it nor the incompetence with Up to this point, Iraq’s economic de- entists say, because it is more quickly which it has been managed. velopment has been scandalously mis- purged from the body. The elections will not bring back the managed by the Bush administration, ‘‘It appears essentially impossible, based 1,500 American soldiers who have been on current information, to ascertain whether as billions of dollars appropriated by thimerosal in vaccines constitutes or does killed or heal the over-10,000 American Congress have not actually been put to not constitute a significant addition to the troops who have been wounded, and work on the ground. All future invest- normal daily input of mercury from diverse they certainly cannot bring back the ments must be made with the needs of sources,’’ the memo said. untold thousands of Iraqis who have Iraqis being paramount, not the United ‘‘It is reasonable to conclude’’ that it lost their lives. These elections will States Government contractors and should be eliminated where possible, he said, not reimburse the American taxpayers not other war profiteers. ‘‘especially where use in infants and young nearly $200 billion spent over the last 3 children is anticipated.’’ Mr. Speaker, I believe a focus on de- In the U.S., however, thimerosal continued years, and the elections will not stop velopmental and humanitarian aid in to be added throughout the ’90s to a number the vicious insurgency that is terror- Iraq would be a model for a radically of widely used pediatric vaccines for hepa- izing Iraqi communities. new approach to national security. We titis B, bacterial meningitis, diphtheria, But the elections do demonstrate need what I call SMART security, whooping cough and tetanus. that Iraqis are prepared to manage which is a Sensible, Multilateral, It was added to multi-dose vials of vaccine their own affairs. That is why I believe American Response to Terrorism. to prevent contamination from repeated in- that now is the time to develop and im- Instead of resorting to the military sertion of needles to extract the medicine. It plement a plan to bring our soldiers was not needed in single-dose vials, but most option and spending needlessly on doctors and clinic preferred to order vaccine home and end the U.S. military pres- weapons systems, the SMART security in multi-dose containers because of the ence in Iraq absolutely as soon as pos- plan that I propose calls for building lower cost and easier storage. sible. multilateral partnerships, partnerships The Hilleman memo said that unlike regu- Together with 27 cosponsors, I have that enable us to foil terrorists and lators in Sweden and some other countries, introduced H. Con. Res. 35, calling for a stop weapons of mass destruction pro- ‘‘the U.S. Food and Drug Administration . . . plan to end this military mishap. Ear- liferation. does not have this concern for thimerosal.’’ lier today I wrote to the gentleman A turning point came in 1997 when Con- A SMART security plan would ad- gress passed a bill ordering an FDA review of from Illinois (Chairman HYDE) and the dress the conditions that led to ter- mercury ingredients in food and drugs. gentleman from California (Mr. LAN- rorism in the first place: poverty, hope- Completed in 1999, the review revealed the TOS), the chairman and ranking mem- lessness, despair. Instead of troops, we high level of mercury exposure from pedi- ber of the Committee on International should send scientists, educators, atric vaccines and raised a furor. In e-mails Relations, asking them to hold hear- urban planners and constitutional ex- later released at a congressional hearing, an ings on this matter. perts to the troubled regions of the FDA official said health authorities could be The Bush administration spared no world. criticized for ‘‘being ‘asleep at the switch’ superlative in talking about the sig- for decades by allowing a potentially haz- It is time, Mr. Speaker, for the ardous compound to remain in many child- nificance of the Iraqi elections. Such a United States to play the role of Iraq’s hood vaccines, and not forcing manufactur- momentous watershed event, however, ally and partner, not its occupier. It is ers to exclude it from new products.’’ would seem to demand a shift in our time to give Iraq back to its own peo- It would not have taken a rocket science’’ thinking about Iraq. But not for Presi- ple. It is time to truly support our to add up the amount of exposure as the pre- dent Bush. He actually has become troops by beginning to bring them scribed number of shots was increasing, one more emboldened by the election. He home. The first step is for the chair- of the e-mails said. sees this as a mandate to keep our sol- While asserting that there was no proof of man and ranking member of the Com- harm, the U.S. Public Health Service in July diers in Iraq as long as he wants. He mittee on International Relations to 1999 called on manufacturers to go mercury- and his surrogates are even engaging in hold hearings on this matter now. free by switching to single-dose vials. Soon provocative saber-rattling in the direc- The Iraqi elections, however, will after, Merck introduced a mercury-free tion of Iran. never justify the destructive war, and

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H484 CONGRESSIONAL RECORD — HOUSE February 9, 2005 it will never stand up to the lies that India, proved beyond a doubt that the cent of promised benefits. So there is a we heard to sell it. new foreign-made fighters now out- problem that is out there. We should f match our F–15s, F–16s, and F–18s. resolve that. Furthermore, these bureaucrats are I have proposed in the past three SETTING BACK AMERICA’S ignoring the impact that the proposed Congresses legislation to do that; it is DEFENSE F/A–22 cuts will have on future domes- done simply, to say that all Americans The SPEAKER pro tempore. Under a tic high technology production and de- who work for wages and salary should previous order of the House, the gen- sign capacity. The American aerospace pay the same amount of tax on all of tleman from Georgia (Mr. GINGREY) is industry stands to lose more than their earnings. Millionaires today pay recognized for 5 minutes. 40,000 jobs nationwide, with some 160 a tiny fraction of their income to So- Mr. GINGREY. Mr. Speaker, in Wash- suppliers in 43 States. This dismantling cial Security because after $90,000, no ington, officials commonly use studies of our home-grown technology base one pays. Someone who earns $30,000 a and reports to legitimize various poli- would come just when subsidized for- year pays 6 percent of their income. If cies, and often the guidelines by which eign competitors are jockeying to dis- you lift the cap, you create so much in- these studies are established can force place United States manufacturing. come for Social Security, that you a researcher into predetermined re- Once lost, these hard-acquired skills could exempt the first $4,000 of earn- sults. Traditionally, the Quadrennial will not easily return to our workforce; ings. So under my proposal, everybody Defense Review, or QDR, has been and, in some cases, they will never re- who earns less than $90,000 a year gets above this type of sincere process, as it turn. a tax break. The less you earn, the big- is a serious exercise intended to In the end, at stake are vital na- ger the tax break. So that is one way of produce a Pentagon strategic blueprint tional interests: American technology for defending our Nation from future resolving that. know-how, our global positions in the The President has a different pro- threats. This year, however, I fear that aerospace industry, and, most impor- posal. He says we should cut benefits. the new QDR guidelines will overtly tantly, the safety of our men and He is not sure which way he would deemphasize conventional threats, women serving overseas. We must focus choose, but his commission chose a which would result in long-term set- our armed services on more than just method that would reduce benefits 40 backs for our national defense. the asymmetries of a global war on ter- years from today by 40 percent. So the I recognize the need to focus greater rorism. We cannot ignore, Mr. Speaker, President takes a possible potential re- attention on the current asymmetric a rising China, nuclear Iran, increas- duction in benefits 40 years in the fu- threat of terrorism and the need to ingly unstable North Korea, and other ture of 25 percent, and he guarantees a drastically rein in Federal spending unconventional military threats that reduction in benefits today of 40 per- this year to decrease the budget def- may need to be faced by the capabili- cent. That is a heck of a way to solve icit. However, it should not come at ties found in the F/A–22. a potential possible future problem, by the expense of our ability to defeat It is the job of any administration to guaranteeing people they will get less. well-established threats in the future. produce an annual budget that satisfies Then he says he wants to create pri- Released on Monday, the Pentagon’s the Nation’s immediate needs like the vate accounts. Let me tell my col- 2006 budget would cut off the procure- war in Iraq. But we in Congress also leagues what the President’s proposal ment of the F/A–22 Raptor after 2008. have a leadership responsibility to pre- is for privatizing accounts. People With these cuts, several high-tech sec- vent rash and unwise decisions des- would be able to divert some of their tors within our Nation’s defense indus- tined to actually increase spending and FICA tax into an account controlled by trial base would be crippled, costing cripple our ability to effectively defend the government with a limited range of America good-paying jobs, future inno- against future threats. investments; the President said they vation and, most important, critical f would be very conservative and very military capabilities. limited, because he does not trust peo- EQUAL TAXATION FOR ALL AMER- Mr. Speaker, under the proposed ple to invest conservatively; controlled ICANS WILL ENSURE SOCIAL SE- budget, the Pentagon would buy just by the government, chosen by the gov- CURITY BENEFITS 179 F/A–22 Raptors, well short of the ernment; and one would not be able to original 381 proposed by the Air Force. The SPEAKER pro tempore (Mr. borrow against it, unlike Federal em- In exchange for nominal short-term BOUSTANY). Under a previous order of ployees with their TSP. You could not savings, the move would significantly the House, the gentleman from Oregon withdraw it early, unlike Federal em- increase the cost of each aircraft at a (Mr. DEFAZIO) is recognized for 5 min- ployees and other people with 401(K)s time when production would otherwise utes. and pay a penalty and withdraw it. And be affordable through economy of Mr. DEFAZIO. Mr. Speaker, I had the at the end of your working life, the scale. Investing nearly $30 billion in re- first of a number of town hall meetings government would say to you, this is search and development in the world’s in my district last weekend on the the President of the United States’ best fighter jet and then buying less issue of Social Security. I had an over- plan: well, that money you diverted than what the Air Force needs to guar- flow crowd and had to turn people over there, we assume if Social Secu- antee future air dominance just does away, because people are confused and rity had kept your money, it would not make sense. anxious and they want some facts. So I have earned inflation plus 3 percent, so will try and explain a bit tonight what we are going to subtract that from b 1745 I explained to them there. what you earned with your invest- It is as if we discovered the cure for There are two issues. One is the ideo- ments. And if you did not earn more cancer and then we skimped on the logical or public policy issue of privat- than inflation plus 3 percent, the gov- lifesaving drugs. ization. The other is the financial and ernment will actually reduce your al- Remarkably, the proposed cuts ap- fiscal stability of Social Security. ready-reduced Social Security benefit; pear to have been made against the ad- They are totally separate, as the Presi- and if you manage to beat the market vice of the war planners, because Pen- dent admitted last week during his and beat that, they will let you have tagon bureaucrats are ignoring the Air round of staged town hall meetings that money only after they force you Force wartime requirement of the 381 around the country. into this so-called plan, let me have my F/A–22s, a number that the Secretary For the future stability of Social Se- money; the President’s idea of privat- accepted in the last QDR. The Pen- curity, here is what the concern is: ization, the government controls it, tagon arrived at these pre-9/11 force conservative projections by the actu- the government lends it to you, the levels because the F/A–22 offers unique aries of Social Security say that 40 government borrows the money to lend capabilities against growing threats in years from now, we might only have it to you, and then if you beat the mar- the western Pacific and elsewhere. enough income coming into Social Se- ket, the government forces you to buy Also, a recent military exercise be- curity to pay 75 percent of promised an annuity from an insurance com- tween the United States and Air Force benefits. The Congressional Budget Of- pany. That is the President’s so-called fighter pilots from India, called COPE fice says 50 years from today, 80 per- privatization plan.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H485 People say to me, I want to control rity and some of the debate that is ber of Congress has: a fund where you my money, I can do better. I say, well, going on. I want to thank the gen- choose anywhere from a return of 5 here is what the President is proposing. tleman from Oregon for putting forth a percent to 11 percent, or more. And Nobody is proposing that you can opt proposal, because I think it is impor- these are 10-year averages, and if you out of Social Security and just invest tant for Democrats to put forth pro- look at the lifetime of the stock mar- on your own. People forget that this is posals, because it seems like a number ket versus the lifetime of Social Secu- one leg of a three-legged stool for re- of Members of Congress are still in de- rity return, certainly you would be tirement, a guaranteed insurance plan, nial that there is a problem, and they making more money. Social Security, a defined benefit, kind of argue a little bit about nomen- But why is the President doing this? something that is getting harder and clature. They might say, well, it is a He is doing this because the Social Se- harder to get, not adequate to live real- problem, but it is not a crisis. It is curity program was started in 1935. At ly comfortably on in retirement, but kind of like this: if my house is on fire, that time there were 60 workers to something that will be there for you it is a crisis, but if I have termites eat- every one retiree. In the 1950s, there when you retire; something that will ing away at the foundation, that is a were 16 workers to every retiree. And be there for your spouse and/or chil- problem. Either way, you have to ad- today, there are three workers per re- dren if you die before you retire; some- dress it. tiree, and soon it will be down to two thing that will be there for you if you I appreciate President Bush for some- workers per retiree. And that is why we are disabled. what following in President Clinton’s have to take advantage of some of the I had people coming to my town halls footsteps and saying we have to ad- new products that are out there in the and talk about their parents dying and dress this. President Clinton actually financial investment world. A lot of getting the survivor’s benefit; I had did say that the Social Security situa- people say, well, why do we change this people come to my town halls and talk tion was a crisis. I do not want to get program? Again, we change it because about becoming totally disabled and bogged down in that. that worker-to-retiree ratio has getting that lifeline from Social Secu- Here is what we know. In the year changed so much. rity. Those things would not be avail- 2018, because of so many baby boomers Now, I have a dad who is 87 years old, able under a privatization plan. You retiring, more money will be going out a mom who is 80 years old, my wife, her would get what was in your account of the system than is coming in. Real parents are both alive. They all get So- after the government took back the in- simple. In the year 2042, everybody cial Security, and they depend on So- flation plus 3 percent earnings against seems to be agreeing that by then we cial Security. What I am reassured by your private account. That would be will have exhausted whatever money is is that for them, retirees and near re- all your heirs would get. Survivors in there and, if we want to continue tirees, people aged 55 and up, there is would get what you would get on dis- the Social Security program, we have going to be no change. For the people ability, plus a minuscule, doubly-re- to reduce the benefits by 27 percent. who are younger than them, it is a vol- duced Social Security benefit. Now, what the President has said is untary program. This is not well thought out. We need that if you take that 12.4 percent and But when I go on college campuses, to assure future generations Social Se- you take 2 percent of it and put it into as I did last week in St. Mary’s, Geor- curity will be there. We can do that by a personal investment account similar gia, to Coastal Georgia Community taxing all Americans the same for their to the Thrift Savings Account that University, I say to them, how many of Social Security benefit. That will more most Members of Congress have, and I you think Social Security will be there than assure the future of the fund. In know there are a lot of Democrats, for you, and zero hands go up. I say, fact, as I said earlier, my plan gives ev- probably all the Democrats have it, I wait a minute, there are survivor bene- erybody who earns less than $94,000 a know probably all the Republicans fits, spouse benefits, other options that tax break. We do not need to have peo- have it, but if you let people have plans are out there, other ways to get Social ple gamble with the government con- like that, that it would out-perform Security money and still, they all say, trolling their investments and then their Social Security. it is not going to be there for us. take money back from them just before The President is saying, we do not We owe it to the next generation to they retire. want to increase taxes, we do not want protect and preserve Social Security to cut benefits, we certainly do not and do something today. Every year f want to endanger survivor benefits or The SPEAKER pro tempore. Under a that we postpone it, it is another $600 benefits for children. There has been a billion deeper in the hole. We have to previous order of the House, the gen- suggestion by the previous speaker tleman from Pennsylvania (Mr. address this. that those would be in jeopardy. That I want to close with this, Mr. Speak- FITZPATRICK) is recognized for 5 min- is not the case at all. utes. er. I know I am out of time. I know But here is what my staff was able to again my friend from Oregon says he (Mr. FITZPATRICK of Pennsylvania get me today on what that govern- addressed the House. His remarks will has a proposal; we need to look at it. ment, the Thrift Savings Account We need to look at all of the proposals, appear hereafter in the Extensions of which so many Members of Congress Remarks.) Democrats, Republicans and Independ- and most members of the Federal em- ents, and together we need to come to- f ployment have. You go in there and gether for what is in the best interests you select a certain amount of invest- ORDER OF BUSINESS of all generations of America. ments. You can choose between A, B, Mr. KINGSTON. Mr. Speaker, I ask C, or D. But in the G fund, for example, f unanimous consent to address the the last 10 years, it has earned on aver- House for 5 minutes at this time. age 6 percent. The C fund, it has earned PUBLICATION OF THE RULES OF The SPEAKER pro tempore. Is there on average over the last 10 years, 11 THE COMMITTEE ON INTER- objection to the request of the gen- percent. The F fund, which is a fixed NATIONAL RELATIONS, 109TH tleman from Georgia? income investment, 6.9 percent over CONGRESS There was no objection. the last 10 years. And the S fund, which The SPEAKER pro tempore. Under a f is a relatively newer fund, it has previous order of the House, the gen- earned about 5.3 percent since 2001. tleman from Illinois (Mr. HYDE) is rec- CONSIDERING ALL PLANS FOR There is also a newer ‘‘I’’ fund, but it ognized for 5 minutes. SAVING SOCIAL SECURITY has only been up for 2 years. Mr. HYDE. Mr. Speaker, in accordance with The SPEAKER pro tempore. Under a Now, how can we as a society say to clause 2(a) of rule XI of the Rules of the previous order of the House, the gen- a 25-year-old just entering the work- House, I am submitting the Rules of Proce- tleman from Georgia (Mr. KINGSTON) is place that for the next 40 years, you dure of the Committee on International Rela- recognized for 5 minutes. have to work and receive on your So- tions for printing in the CONGRESSIONAL Mr. KINGSTON. Mr. Speaker, I want- cial Security benefits about 2 percent, RECORD. On February 9, 2005, the Committee ed to speak tonight about Social Secu- when you could have what your Mem- adopted by non-record vote, a quorum

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H486 CONGRESSIONAL RECORD — HOUSE February 9, 2005 being present, the following Committee Rules which has been closed to the public. This section vote to close one (1) subsequent day of Procedure. subsection does not apply to open Committee of hearing. hearings which are provided for by sub- (5) No congressional staff shall be present RULES OF PROCEDURE, THE COMMITTEE ON section (b) of this rule. at any meeting or hearing of the Committee INTERNATIONAL RELATIONS (2) The Chairman may postpone further or a subcommittee that has been closed to RULE 1. GENERAL PROVISIONS proceedings when a record vote is ordered on the public, and at which classified informa- The Rules of the House of Representatives, the question of approving any measure or tion will be involved, unless such person is and in particular, the committee rules enu- matter, or adopting an amendment. The authorized access to such classified informa- merated in clause 2 of Rule XI, are the rules Chairman may resume proceedings on a post- tion in accordance with Rule 20. of the Committee on International Relations poned request at any time. When exercising RULE 5. ANNOUNCEMENT OF HEARINGS AND (hereafter referred to as the ‘‘Committee’’), postponement authority, the Chairman shall MARKUPS to the extent applicable. A motion to recess take all reasonable steps necessary to notify Public announcement shall be made of the and a motion to dispense with the first read- Members on the resumption of proceedings date, place, and subject matter of any hearing (in full) of a bill or resolution, if printed on any postponed record vote. When pro- ing or markup to be conducted by the Com- copies are available, are privileged non-de- ceedings resume on a postponed question, mittee or a subcommittee at the earliest batable motions in Committee. notwithstanding any intervening order for possible date, and in any event at least one The Chairman of the Committee on Inter- the previous question, an underlying propo- (1) week before the commencement of that national Relations (hereinafter referred to as sition shall remain subject to further debate hearing or markup unless the Committee or the ‘‘Chairman’’) shall consult the Ranking or amendment to the same extent as when subcommittee determines that there is good Minority Member to the extent possible with the question was postponed. cause to begin that meeting at an earlier respect to the business of the Committee. (b) Hearings Each subcommittee of the Committee is a date, in consultation with the Ranking Mi- part of the Committee and is subject to the (1) Each hearing conducted by the Com- nority Member of the Committee or sub- authority and direction of the Committee mittee or a subcommittee shall be open to committee, as the case may be. Such deter- and to its rules, to the extent applicable. the public except when the Committee or mination may be made with respect to any subcommittee, in open session and with a markup by the Chairman or subcommittee RULE 2. DATE OF MEETING majority present, determines by record vote chairman, as appropriate. Such determina- The regular meeting date of the Com- that all or part of the remainder of that tion may be made with respect to any hear- mittee shall be the first Tuesday of every hearing on that day should be closed to the ing of the Committee or of a subcommittee month when the House of Representatives is public because disclosure of testimony, evi- by its Chairman, with the concurrence of its in session pursuant to clause 2(b) of Rule XI dence or other matters to be considered Ranking Minority Member, or by the Com- of the House of Representatives. Additional would endanger the national security, would mittee or subcommittee by majority vote, a meetings may be called by the Chairman as compromise sensitive law enforcement infor- quorum being present for the transaction of he may deem necessary or at the request of mation, or otherwise would violate any law business. a majority of the Members of the Committee or rule of the House of Representatives. Not- Public announcement of all hearings and in accordance with clause 2(c) of Rule XI of withstanding the preceding sentence, a ma- markups shall be published in the Daily Di- the House of Representatives. jority of those present, there being in at- gest portion of the Congressional Record. The determination of the business to be tendance the requisite number required Members shall be notified by the Chief of considered at each meeting shall be made by under the rules of the Committee to be Staff of all meetings (including markups and the Chairman subject to clause 2(c) of Rule present for the purpose of taking testi- hearings) and briefings of subcommittees XI of the House of Representatives. mony— and of the full Committee. A regularly scheduled meeting need not be (A) may vote to close the hearing for the The agenda for each Committee and sub- held if, in the judgment of the Chairman, sole purpose of discussing whether testimony committee meeting, setting out all items of there is no business to be considered. or evidence to be received would endanger business to be considered, including when- RULE 3. QUORUM the national security, would compromise ever possible a copy of any bill or other doc- For purposes of taking testimony and re- sensitive law enforcement information, or ument scheduled for markup, shall be fur- ceiving evidence, two Members shall con- violate paragraph (2) of this subsection; or nished to each Committee or subcommittee stitute a quorum. (B) may vote to close the hearing, as pro- Member by delivery to the Member’s office One-third of the Members of the Com- vided in paragraph (2) of this subsection. at least 24 hours (excluding Saturdays, Sun- mittee shall constitute a quorum for taking (2) Whenever it is asserted by a member of days, and legal holidays) before the meeting. any action, except: (1) reporting a measure the Committee that the evidence or testi- Bills or subjects not listed on such agenda or recommendation; (2) closing Committee mony at a hearing may tend to defame, de- shall be subject to a point of order unless meetings and hearings to the public; (3) au- grade, or incriminate any person, or it is as- their consideration is agreed to by a two- thorizing the issuance of subpoenas; and (4) serted by a witness that the evidence or tes- thirds vote of the Committee or sub- any other action for which an actual major- timony that the witness would give at a committee or by the Chairman and Ranking ity quorum is required by any rule of the hearing may tend to defame, degrade, or in- Minority Member of the Committee or sub- House of Representatives or by law. criminate the witness— committee. (A) such testimony or evidence shall be No measure or recommendation shall be RULE 6. WITNESSES presented in executive session, notwith- reported to the House of Representatives un- (a) Interrogation of Witnesses less a majority of the Committee is actually standing the provisions of paragraph (1) of present. this subsection, if by a majority of those (1) Insofar as practicable, witnesses shall A record vote may be demanded by one- present, there being in attendance the req- be permitted to present their oral state- fifth of the Members present or, in the appar- uisite number required under the rules of the ments without interruption subject to rea- ent absence of a quorum, by any one Mem- Committee to be present for the purpose of sonable time constraints imposed by the ber. taking testimony, the Committee or sub- Chairman, with questioning by the Com- committee determines that such evidence or mittee Members taking place afterward. RULE 4. MEETINGS AND HEARINGS OPEN TO THE testimony may tend to defame, degrade, or Members should refrain from questions until PUBLIC incriminate any person; and such statements are completed. (a) Meetings (B) the Committee or subcommittee shall (2) In recognizing Members, the Chairman (1) Each meeting for the transaction of proceed to receive such testimony in open shall, to the extent practicable, give pref- business, including the markup of legisla- session only if the Committee, a majority erence to the Members on the basis of their tion, of the Committee or a subcommittee being present, determines that such evidence arrival at the hearing, taking into consider- shall be open to the public except when the or testimony will not tend to defame, de- ation the majority and minority ratio of the Committee or subcommittee, in open session grade, or incriminate any person. Members actually present. A Member desir- and with a majority present, determines by (3) No Member of the House of Representa- ing to speak or ask a question shall address record vote that all or part of the remainder tives may be excluded from nonparticipatory the Chairman and not the witness. of the meeting on that day shall be closed to attendance at any hearing of the Committee (3) Subject to paragraph (4), each Member the public, because disclosure of matters to or a subcommittee unless the House of Rep- may interrogate the witness for 5 minutes, be considered would endanger national secu- resentatives has by majority vote authorized the reply of the witness being included in the rity, would compromise sensitive law en- the Committee or subcommittee, for pur- 5-minute period. After all Members have had forcement information, or would tend to de- poses of a particular series of hearings, on a an opportunity to ask questions, the round fame, degrade or incriminate any person or particular article of legislation or on a par- shall begin again under the 5-minute rule. otherwise violate any law or rule of the ticular subject of investigation, to close its (4) Notwithstanding paragraph (3), the House of Representatives. No person other hearings to Members by the same procedures Chairman, with the concurrence of the than Members of the Committee and such designated in this subsection for closing Ranking Minority Member, may permit one congressional staff and departmental rep- hearings to the public. (1) or more majority members of the Com- resentatives as they may authorize shall be (4) The Committee or a subcommittee may mittee designated by the Chairman to ques- present at any business or markup session by the procedure designated in this sub- tion a witness for a specified period of not

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H487 longer than 30 minutes. On such occasions, Any information supplied for the record at number of votes cast for and against, and the an equal number of minority Members of the the request of a Member of the Committee names of those Members voting for and Committee designated by the Ranking Mi- shall be provided to the Member when re- against, shall be included in any Committee nority Member shall be permitted to ques- ceived by the Committee. report on the measure or matter. tion the same witness for the same period of Transcripts of hearings and markup ses- (b) Prior Approval of Certain Reports time. Committee staff may be permitted to sions (except for the record of a meeting or No Committee, subcommittee, or staff re- question a witness for equal specified periods hearing which is closed to the public) shall port, study, or other document which pur- either with the concurrence of the Chairman be printed as soon as is practicable after reports to express publicly the views, findings, and Ranking Minority Member or by motion. ceipt of the corrected versions, except that conclusions, or recommendations of the However, in no case may questioning by the Chairman may order the transcript of a Committee or a subcommittee may be re- Committee staff proceed before each Member hearing to be printed without the correc- leased to the public or filed with the Clerk of of the Committee who wishes to speak under tions of a Member or witness if the Chairman the House unless approved by a majority of the 5–minute rule has had one opportunity to determines that such Member or witness has the Committee or subcommittee, as appro- do so. been afforded a reasonable time to correct priate. A proposed investigative or oversight (b) Statements of Witnesses such transcript and such transcript has not report shall be considered as read if it has Each witness who is to appear before the been returned within such time. been available to Members of the Committee Committee or a subcommittee is required to The records of the Committee at the Na- for at least 24 hours (excluding Saturdays, file with the clerk of the Committee, at least tional Archives and Records Administration Sundays, or legal holidays except when the two (2) working days in advance of his or her shall be made available for public use in ac- House is in session on such a day). In any appearance, sufficient copies, as determined cordance with Rule VII of the House of Rep- case in which clause 2(l) of Rule XI and by the Chairman of the Committee or sub- resentatives. The Chairman shall notify the clause 3(a)(1) of Rule XIII of the House of committee, of his or her proposed testimony Ranking Minority Member of any decision, Representatives does not apply, each Mem- to provide to Members and staff of the Com- pursuant to clause 3(b)(3) or clause 4(b) of ber of the Committee or subcommittee shall mittee or subcommittee, the news media, the rule, to withhold a record otherwise be given an opportunity to have views or a and the general public. The witness shall available, and the matter shall be presented disclaimer included as part of the material limit his or her oral presentation to a brief to the Committee for a determination on the filed or released, as the case may be. summary of his or her testimony. In the case written request of any Member of the Com- (c) Foreign Travel Reports of a witness appearing in a nongovernmental mittee. At the same time that the report required capacity, a written statement of proposed The Committee shall, to the maximum ex- by clause 8(b)(3) of Rule X of the House of testimony shall, to the extent practicable, tent feasible, make its publications available Representatives, regarding foreign travel re- include a curriculum vitae and a disclosure in electronic form. ports, is submitted to the Chairman, Mem- of the amount and source (by agency and RULE 8. EXTRANEOUS MATERIAL IN COMMITTEE bers and employees of the committee shall program) of any Federal grant (or subgrant HEARINGS provide a report to the Chairman listing all thereof) or contract (or subcontract thereof) No extraneous material shall be printed in official meetings, interviews, inspection received during the current fiscal year or ei- either the body or appendices of any Com- tours and other official functions in which ther of the two previous fiscal years by the mittee or subcommittee hearing, except the individual participated, by country and witness or by an entity represented by the matter which has been accepted for inclusion date. Under extraordinary circumstances, witness, to the extent that such information in the record during the hearing or by agree- the Chairman may waive the listing in such is relevant to the subject matter of, and the ment of the Chairman and Ranking Minority report of an official meeting, interview, in- witness’ representational capacity at, the Member of the Committee or subcommittee spection tour, or other official function. The hearing. report shall be maintained in the full com- To the extent practicable, each witness within five calendar days of the hearing. Copies of bills and other legislation under mittee offices and shall be available for pub- should provide the text of his or her proposed lic inspection during normal business hours. testimony in machine-readable form, along consideration and responses to written ques- RULE 12. REPORTING BILLS AND RESOLUTIONS with any attachments and appendix mate- tions submitted by Members shall not be rials. considered extraneous material. Except in unusual circumstances, bills and The Committee or subcommittee shall no- Extraneous material in either the body or resolutions will not be considered by the tify Members at least two working days in appendices of any hearing to be printed Committee unless and until the appropriate advance of a hearing of the availability of which would be in excess of eight (8) printed subcommittee has recommended the bill or testimony submitted by witnesses. pages (for any one submission) shall be ac- resolution for Committee action, and will The requirements of this subsection or any companied by a written request to the Chair- not be taken to the House of Representatives part thereof may be waived by the Chairman man, such written request to contain an esti- for action unless and until the Committee or Ranking Minority Member of the Com- mate in writing from the Public Printer of has ordered reported such bill or resolution, mittee or subcommittee, or the presiding the probable cost of publishing such mate- a quorum being present. Member, provided that the witness or the rial. Except in unusual circumstances, a bill or resolution originating in the House of Rep- Chairman or Ranking Minority Member has RULE 9. PUBLIC AVAILABILITY OF COMMITTEE resentatives that contains exclusively find- submitted, prior to the witness’s appearance, VOTES a written explanation as to the reasons testi- ings and policy declarations or expressions of The result of each record vote in any meet- the sense of the House of Representatives or mony has not been made available to the ing of the Committee shall be made available Committee or subcommittee. In the event a the sense of the Congress shall not be consid- for inspection by the public at reasonable ered by the Committee or a subcommittee witness submits neither his or her testimony times at the Committee offices. Such result at least two working days in advance of his unless such bill or resolution has at least 25 shall include a description of the amend- House co-sponsors, at least ten of whom are or her appearance nor has a written expla- ment, motion, order, or other proposition, nation been submitted as to prior avail- Members of the Committee. the name of each Member voting for and For purposes of this Rule, unusual cir- ability, the witness shall be released from against, and the Members present but not cumstances will be determined by the Chair- testifying unless a majority of the Com- voting. man, after consultation with the Ranking mittee or subcommittee votes to accept his Minority Member and such other Members of or her testimony. RULE 10. PROXIES the Committee as the Chairman deems ap- (c) Oaths Proxy voting is not permitted in the Com- mittee or in subcommittees. propriate. The Chairman, or any Member of the Com- The Chairman is directed to offer a motion mittee designated by the Chairman, may ad- RULE 11. REPORTS under clause 1 of rule XXII of the Rules of minister oaths to witnesses before the Com- (a) Reports on Bills and Resolutions the House whenever the Chairman considers mittee. To the extent practicable, not later than 24 it appropriate. RULE 7. PREPARATION AND MAINTENANCE OF hours before a report is to be filed with the RULE 13. STAFF SERVICES COMMITTEE RECORDS Clerk of the House on a measure that has (a) The Committee staff shall be selected An accurate stenographic record shall be been ordered reported by the Committee, the and organized so that it can provide a com- made of all hearings and markup sessions. Chairman shall make available for inspec- prehensive range of professional services in Members of the Committee and any witness tion by all Members of the Committee a copy the field of foreign affairs to the Committee, may examine the transcript of his or her own of the draft committee report in order to af- the subcommittees, and all its Members. The remarks and may make any grammatical or ford Members adequate information and the staff shall include persons with training and technical changes that do not substantively opportunity to draft and file any supple- experience in international relations, mak- alter the record. Any such Member or wit- mental, minority or additional views which ing available to the Committee individuals ness shall return the transcript to the Com- they may deem appropriate. with knowledge of major countries, areas, mittee offices within five (5) calendar days With respect to each record vote on a mo- and U.S. overseas programs and operations. (not including Saturdays, Sundays, and legal tion to report any measure or matter of a (b) Subject to clause 9 of Rule X of the holidays) after receipt of the transcript, or public character, and on any amendment of- House of Representatives, the staff of the as soon thereafter as is practicable. fered to the measure or matter, the total Committee, except as provided in paragraph

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H488 CONGRESSIONAL RECORD — HOUSE February 9, 2005 (c), shall be appointed, and may be removed, Subcommittee on International Terrorism The Subcommittee on Europe and Emerg- by the Chairman with the approval of the and Nonproliferation. Oversight and legisla- ing Threats.—In addition to its regional ju- majority of the majority Members of the tive responsibilities over the United States’ risdiction, responsibility for legislation and Committee. Their remuneration shall be efforts to manage and coordinate inter- oversight over emerging threats. fixed by the Chairman, and they shall work national programs to combat terrorism as The Subcommittee on Africa, Global under the general supervision and direction coordinated by the Department of State and Human Rights and International Operations. of the Chairman. Staff assignments are to be other agencies, including diplomatic, eco- —In addition to its regional jurisdiction, re- authorized by the Chairman or by the Chief nomic, and military assistance programs in sponsibility for oversight of, and (to the de- of Staff under the direction of the Chairman. areas designed to prevent terrorism, and ef- gree applicable to matters outside the For- (c) Subject to clause 9 of Rule X of the forts intended to identify, arrest, and bring eign Assistance Act, the Arms Export Con- House of Representatives, the staff of the international terrorists to justice. Oversight trol Act, the Export Administration Act, and Committee assigned to the minority shall be of, and (to the degree applicable to matters the provision of foreign assistance) legisla- appointed, their remuneration determined, outside the Foreign Assistance Act, the tion pertaining to implementation of the and may be removed, by the Ranking Minor- Arms Export Control Act, the Export Admin- Universal Declaration of Human Rights, and ity Member with the approval of the major- istration Act, sanctions laws pertaining to other matters relating to internationally- ity of the minority party Members of the individual countries and the provision of for- recognized human rights, including sanc- Committee. No minority staff person shall be eign assistance) legislation pertaining to: tions legislation aimed at the promotion of compensated at a rate which exceeds that nonproliferation including matters relating human rights and democracy generally; the paid his or her majority staff counterpart. to arms transfer policy; export control pol- Department of State and related agency op- Such staff shall work under the general su- icy including the transfer of dual use equip- erations; the diplomatic service; foreign pervision and direction of the Ranking Mi- ment and technology; matters involving nu- buildings; parliamentary conferences and ex- nority Member with the approval or con- clear, chemical, biological and other weap- changes; and, the American Red Cross; over- sultation of the minority Members of the ons of mass destruction; legislation aimed at sight of international population planning committee. the promotion of sanctions and other non- and child survival activities; the United Na- (d) The Chairman shall ensure that suffi- proliferation matters generally. tions, its affiliated agencies and other inter- cient staff is made available to each sub- Subcommittee on Oversight and Investiga- national organizations, including assessed committee to carry out its responsibilities tions.—With the concurrence of the full and voluntary contributions to such organi- under the rules of the Committee. The Chair- Committee Chairman, oversight and inves- zations; international broadcasting; and, man shall ensure that the minority party is tigations of all matters within the jurisdic- public diplomacy, including international fairly treated in the appointment of such tion of the Committee. communication, information policy, inter- staff. 2. Regional Subcommittees national education, and cultural programs. RULE 14. NUMBER AND JURISDICTION OF There shall be five subcommittees with re- RULE 15. POWERS AND DUTIES OF SUBCOMMITTEES gional jurisdiction: the Subcommittee on SUBCOMMITTEES (a) Full Committee Europe and Emerging Threats; the Sub- Each subcommittee is authorized to meet, The Full Committee will be responsible for committee on the Middle East and Central hold hearings, receive evidence, and report oversight and legislation relating to: foreign Asia; the Subcommittee on the Western to the full Committee on all matters referred assistance (including development assist- Hemisphere; the Subcommittee on Africa, to it. Subcommittee chairmen shall set ance, Millennium Challenge Corporation, the Global Human Rights and International Op- meeting dates after consultation with the Millennium Challenge Account, HIV/AIDS in erations; and the Subcommittee on Asia and Chairman, other subcommittee chairmen, foreign countries, security assistance, and the Pacific. Two of the regional subcommit- and other appropriate Members, with a view Public Law 480 programs abroad); the Peace tees, the Subcommittee on Europe and towards minimizing scheduling conflicts. It Corps; national security developments af- Emerging Threats and the Subcommittee on shall be the practice of the Committee that fecting foreign policy; strategic planning and Africa, Global Human Rights and Inter- meetings of subcommittees not be scheduled agreements; war powers, treaties, executive national Operations, shall also have func- to occur simultaneously with meetings of agreements, and the deployment and use of tional jurisdiction. the Full Committee. United States Armed Forces; peacekeeping, The regional subcommittees shall have ju- In order to ensure orderly administration peace enforcement, and enforcement of risdiction over the following within their re- and fair assignment of hearing and meeting United Nations or other international sanc- spective regions: rooms, the subject, time, and location of tions; arms control and disarmament issues; (1) Matters affecting the political relations hearings and meetings shall be arranged in the Agency for International Development; between the United States and other coun- advance with the Chairman through the activities and policies of the State, Com- tries and regions, including resolutions or Chief of Staff of the Committee. merce, and Defense Departments and other other legislative measures directed to such The Chairman of the Full Committee shall agencies related to the Arms Export Control relations. designate a Member of the majority party on Act, the Export Administration Act, and the (2) Legislation with respect to disaster as- each subcommittee as its Vice Chairman. Foreign Assistance Act including export and sistance outside the Foreign Assistance Act, The Chairman and the Ranking Minority licensing policy for munitions items and boundary issues, and international claims. Member may attend the meetings and par- technology and dual-use equipment and tech- (3) Legislation with respect to region- or ticipate in the activities of all subcommit- nology, and other matters related to inter- country-specific loans or other financial re- tees of which they are not members, except national economic policy and trade; inter- lations outside the Foreign Assistance Act. that they may not vote or be counted for a national law; promotion of democracy; inter- (4) Resolutions of disapproval under sec- quorum in such subcommittees. national law enforcement issues, including tion 36(b) of the Arms Export Control Act, RULE 16. REFERRAL OF BILLS BY CHAIRMAN narcotics control programs and activities; with respect to foreign military sales. In accordance with Rule 14 of the Com- Broadcasting Board of Governors, Overseas (5) Legislation and oversight regarding mittee and to the extent practicable, all leg- Private Investment Corporation, Trade and human rights practices in particular coun- islation and other matters referred to the Development Agency, and related agency op- tries. Committee shall be referred by the Chair- erations; embassy security; the United Na- (6) Oversight of regional lending institu- man to a subcommittee of primary jurisdictions, its affiliated agencies and other inter- tions. tion within two (2) weeks. In accordance national organizations, including assessed (7) Oversight of matters related to the re- with Rule 14 of the Committee, legislation and voluntary contributions to such organi- gional activities of the United Nations, of its may also be referred to additional sub- zations; international broadcasting; public affiliated agencies, and of other multilateral committees for consideration. Unless other- diplomacy, including international commu- institutions. wise directed by the Chairman, such sub- nication, information policy, international (8) Identification and development of op- committees shall act on or be discharged education, and cultural programs; and all tions for meeting future problems and issues from consideration of legislation that has other matters not specifically assigned to a relating to U.S. interests in the region. been approved by the subcommittee of pri- subcommittee. The Full Committee may (9) Base rights and other facilities access mary jurisdiction within two (2) weeks of conduct oversight with respect to any mat- agreements and regional security pacts. such action. In referring any legislation to a ter within the jurisdiction of the Committee (10) Oversight of matters relating to par- subcommittee, the Chairman may specify a as defined in the Rules of the House of Rep- liamentary conferences and exchanges in- date by which the subcommittee shall report resentatives. volving the region. thereon to the Full Committee. (b) Subcommittees (11) Concurrent oversight jurisdiction with The Subcommittee on Africa, Global respect to matters assigned to the functional Human Rights and International Operations There shall be seven (7) standing sub- subcommittees insofar as they may affect and the subcommittees with regional juris- committees. The names and jurisdiction of the region. diction shall have joint jurisdiction over leg- those subcommittees shall be as follows: (12) Oversight of all foreign assistance ac- islation regarding human rights practices in 1. Functional Subcommittees tivities affecting the region. particular countries within the region. There shall be two subcommittees with (13) Such other matters as the Chairman of The Chairman may designate a sub- functional jurisdiction: the Full Committee may determine. committee chairman or other Member to

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H489 take responsibility as manager of a bill or ber of his or her staff as having the right of mation. Any classified information to which resolution during its consideration in the access to information classified confidential. access has been gained through the Com- House of Representatives. Such designated persons must have the prop- mittee may not be divulged to any unauthor- RULE 17. PARTY RATIOS ON SUBCOMMITTEES AND er security clearance, have executed the oath ized person. Classified material shall not be CONFERENCE COMMITTEES required by clause 13 of Rule XXIII of the photocopied or otherwise reproduced without The majority party caucus of the Com- House of Representatives, and have a need to the authorization of the Chief of Staff. In no mittee shall determine an appropriate ratio know as determined by his or her principal. event shall classified information be dis- of majority to minority party Members for Upon request of a Committee Member in spe- cussed over a non-secure telephone. Appar- each subcommittee. Party representation on cific instances, a designated person also ent violations of this rule should be reported each subcommittee or conference committee shall be permitted access to information as promptly as possible to the Chairman for shall be no less favorable to the majority classified secret which has been furnished to appropriate action. party than the ratio for the Full Committee. the Committee pursuant to section 36 of the Other regulations.—The Chairman, after The Chairman and the Ranking Minority Arms Export Control Act, as amended. Upon consultation with the Ranking Minority Member are authorized to negotiate matters the written request of a Committee Member Member, may establish such additional regu- affecting such ratios including the size of and with the approval of the Chairman in lations and procedures as in his judgment subcommittees and conference committees. specific instances, a designated person may may be necessary to safeguard classified in- be permitted access to other classified mate- RULE 18. SUBCOMMITTEE FUNDING AND RECORDS formation under the control of the Com- rials. Designation of a staff person shall be mittee. Members of the Committee will be (a) Each subcommittee shall have adequate by letter from the Committee Member to the given notice of any such regulations and pro- funds to discharge its responsibility for leg- Chairman. cedures promptly. They may be modified or islation and oversight. Location.—Classified information will be (b) In order to facilitate Committee com- waived in any or all particulars by a major- stored in secure safes in the Committee pliance with clause 2(e)(1) of Rule XI of the ity vote of the Full Committee. rooms. All materials classified top secret House of Representatives, each sub- RULE 21. BROADCASTING OF COMMITTEE must be stored in a Secure Compartmen- committee shall keep a complete record of HEARINGS AND MEETINGS talized Information Facility (SCIF). all subcommittee actions which shall include Handling.—Materials classified confiden- All Committee and subcommittee meet- a record of the votes on any question on tial or secret may be taken from Committee ings or hearings which are open to the public which a record vote is demanded. The result offices to other Committee offices and hear- may be covered, in whole or in part, by tele- of each record vote shall be promptly made ing rooms by Members of the Committee and vision broadcast, radio broadcast, and still available to the Full Committee for inspec- authorized Committee staff in connection photography, or by any such methods of cov- tion by the public in accordance with Rule 9 with hearings and briefings of the Com- erage in accordance with the provisions of of the Committee. mittee or its Subcommittees for which such clause 3 of House rule XI. (c) All subcommittee hearings, records, information is deemed to be essential. Re- The Chairman or subcommittee chairman data, charts, and files shall be kept distinct moval of such information from the Com- shall determine, in his or her discretion, the from the congressional office records of the mittee offices shall be only with the permis- number of television and still cameras per- Member serving as chairman of the sub- sion of the Chairman under procedures de- mitted in a hearing or meeting room, but committee. Subcommittee records shall be signed to ensure the safe handling and stor- shall not limit the number of television or coordinated with the records of the Full age of such information at all times. Except still cameras to fewer than two (2) represent- Committee, shall be the property of the as provided in this paragraph, top secret ma- atives from each medium. House, and all Members of the House shall terials may not be taken from the SCIF for Such coverage shall be in accordance with have access thereto. any purpose, except that such materials may the following requirements contained in Sec- RULE 19. MEETINGS OF SUBCOMMITTEE be taken to hearings and other meetings tion 116(b) of the Legislative Reorganization CHAIRMEN that are being conducted at the top secret Act of 1970, and clause 4 of Rule XI of the The Chairman shall call a meeting of the level when necessary. Top secret materials Rules of the House of Representatives: subcommittee chairmen on a regular basis may otherwise be used under conditions ap- (a) If the television or radio coverage of not less frequently than once a month. Such proved by the Chairman after consultation the hearing or meeting is to be presented to a meeting need not be held if there is no with the Ranking Minority Member. the public as live coverage, that coverage business to conduct. It shall be the practice Notice.—Appropriate notice of the receipt shall be conducted and presented without at such meetings to review the current agen- of classified documents received by the Com- commercial sponsorship. da and activities of each of the subcommit- mittee from the Executive Branch will be (b) No witness served with a subpoena by tees. sent promptly to Committee Members the Committee shall be required against his RULE 20. ACCESS TO CLASSIFIED INFORMATION through the Survey of Activities or by other will to be photographed at any hearing or to Authorized persons.—In accordance with means. give evidence or testimony while the broad- the stipulations of the Rules of the House of Access.—Except as provided for above, ac- casting of that hearing, by radio or tele- Representatives, all Members of the House cess to materials classified top secret or oth- vision is being conducted. At the request of who have executed the oath required by erwise restricted held by the Committee will any such witness who does not wish to be clause 13 of Rule XXIII of the House of Rep- be in the SCIF. The following procedures will subjected to radio, television, or still photog- resentatives shall be authorized to have ac- be observed: raphy coverage, all lenses shall be covered cess to classified information within the pos- (a) Authorized or designated persons will and all microphones used for coverage turned session of the Committee. be admitted to the SCIF after inquiring of off. This subparagraph is supplementary to Members of the Committee staff shall be the Chief of Staff or an assigned staff mem- clause 2(k)(5) of Rule XI of the Rules of the considered authorized to have access to clas- ber. Access to the SCIF will be afforded dur- House of Representatives relating to the pro- sified information within the possession of ing regular Committee hours. tection of the rights of witnesses. (b) Authorized or designated persons will the Committee when they have the proper (c) The allocation among cameras per- be required to identify themselves, to iden- security clearances, when they have exe- mitted by the Chairman or subcommittee tify the documents or information they wish cuted the oath required by clause 13 of Rule chairman in a hearing room shall be in ac- to view, and to sign the Classified Materials XXIII of the House of Representatives, and cordance with fair and equitable procedures Log, which is kept with the classified infor- when they have a demonstrable need to devised by the Executive Committee of the know. The decision on whether a given staff mation. (c) The assigned staff member will be re- Radio and Television Correspondents’ Gal- member has a need to know will be made on sponsible for maintaining a log which identi- leries. the following basis: fies (1) authorized and designated persons (d) Television cameras shall be placed so as (a) In the case of the Full Committee ma- not to obstruct in any way the space between jority staff, by the Chairman, acting through seeking access, (2) the classified information requested, and (3) the time of arrival and de- any witness giving evidence or testimony the Chief of Staff; and Member of the Committee or its sub- (b) In the case of the Full Committee mi- parture of such persons. The assigned staff member will also assure that the classified committees or the visibility of that witness nority staff, by the Ranking Minority Mem- and that Member to each other. ber of the committee, acting through the Mi- materials are returned to the proper loca- (e) Television cameras shall operate from nority Chief of Staff; tion. (c) In the case of subcommittee majority (d) The Classified Materials log will con- fixed positions but shall not be placed in po- staff, by the Chairman of the subcommittee; tain a statement acknowledged by the signa- sitions which obstruct unnecessarily the cov- (d) In the case of the subcommittee minor- ture of the authorized or designated person erage of the hearing by the other media. ity staff, by the Ranking Minority Member that he or she has read the Committee rules (f) Equipment necessary for coverage by of the subcommittee. and will abide by them. the television and radio media shall not be No other individuals shall be considered Divulgence.—Classified information pro- installed in, or removed from, the hearing or authorized persons, unless so designated by vided to the Committee by the Executive meeting room while the Committee or sub- the Chairman. Branch shall be handled in accordance with committee is in session. Designated persons.—Each Committee the procedures that apply within the Execu- (g) Floodlights, spotlights, strobe lights, Member is permitted to designate one mem- tive Branch for the protection of such infor- and flashguns shall not be used in providing

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H490 CONGRESSIONAL RECORD — HOUSE February 9, 2005 any method of coverage of the hearing or meet in open session, with a quorum present, meeting of the committee will be held, speci- meeting, except that the television media to adopt its oversight plans for that Con- fying the date and hour thereof, and the may install additional lighting in the hear- gress for submission to the Committee on measure or matter to be considered at that ing room, without cost to the Government, House Oversight and the Committee on Gov- special meeting. The committee shall meet in order to raise the ambient lighting level ernment Reform and Oversight, in accord- on that date and hour. Immediately upon the in the hearing room to the lowest level nec- ance with the provisions of clause 2(d) of filing of the notice, the staff director of the essary to provide adequate television cov- Rule X of the House of Representatives. committee shall notify all members of the erage of the hearing or meeting at the cur- RULE 25. OTHER PROCEDURES AND REGULATIONS committee that such meeting will be held rent state-of-the-art level of television cov- and inform them of its date and hour and the The Chairman, in consultation with the erage. measure or matter to be considered; and only Ranking Minority Member, may establish (h) In the allocation of the number of still the measure or matter specified in that no- such other procedures and take such actions photographers permitted by the Chairman or tice may be considered at that special meet- as may be necessary to carry out the fore- subcommittee chairman in a hearing or ing. going rules or to facilitate the effective oper- meeting room, preference shall be given to (d) All legislative meetings of the com- ation of the Committee. Any additional pro- photographers from Associated Press Photos, mittee and its subcommittees shall be open cedures or regulations may be modified or United Press International News pictures, to the public, including radio, television and rescinded in any or all particulars by a ma- and Reuters. If requests are made by more of still photography coverage. No business jority vote of the Full Committee. the media than will be permitted by the meeting of the committee, other than regu- Chairman or subcommittee chairman for f larly scheduled meetings, may be held with- coverage of the hearing or meeting by still The SPEAKER pro tempore. Under a out each member being given reasonable no- photography, that coverage shall be made on previous order of the House, the gentle- tice. Such meeting shall be called to order the basis of a fair and equitable pool ar- and presided over by the Chairman, or in the woman from Texas (Ms. JACKSON-LEE) absence of the Chairman, by the vice-chair- rangement devised by the Standing Com- is recognized for 5 minutes. mittee of Press Photographers. man, or the Chairman’s designee. (i) Photographers shall not position them- (Ms. JACKSON-LEE of Texas ad- (e) The Chairman of the committee or of a selves, at any time during the course of the dressed the House. Her remarks will subcommittee, as appropriate, shall preside hearing or meeting, between the witness appear hereafter in the Extensions of at meetings or hearings, or, in the absence of table and the Members of the Committee or Remarks.) the chairman, the vice-chairman, or the Chairman’s designee shall preside. its subcommittees. f (j) Photographers shall not place them- RULE 2. QUESTIONING OF WITNESSES selves in positions which obstruct unneces- PUBLICATION OF THE RULES OF (a) Subject to clauses (b) and (c), Com- sarily the coverage of the hearing by the THE COMMITTEE ON EDUCATION mittee members may question witnesses other media. AND THE WORKFORCE, 109TH only when they have been recognized by the (k) Personnel providing coverage by the CONGRESS Chairman for that purpose, and only for a 5- television and radio media shall be then cur- minute period until all members present rently accredited to the Radio and Tele- The SPEAKER pro tempore. Under a have had an opportunity to question a wit- vision Correspondents’ Galleries. previous order of the House, the gen- ness. The questioning of witnesses in both (l) Personnel providing coverage by still tleman from Ohio (Mr. BOEHNER) is rec- committee and subcommittee hearings shall photography shall be then currently accred- ognized for 5 minutes. be initiated by the Chairman, followed by ited to the Press Photographers’ Gallery Mr. BOEHNER. Mr. Speaker, pursuant to the ranking minority party member and all Committee of Press Photographers. Rule XI, Clause 2 of the Rules of the House other members alternating between the ma- (m) Personnel providing coverage by the jority and minority party in order of the television and radio media and by still pho- of Representatives, I respectfully submit the member’s appearance at the hearing. In rec- tography shall conduct themselves and their rules for the 109th Congress for the Com- ognizing members to question witnesses in coverage activities in an orderly and unob- mittee on Education and the Workforce for this fashion, the Chairman shall take into trusive manner. publication in the CONGRESSIONAL RECORD. consideration the ratio of the majority to RULE 22. SUBPOENA POWERS THE RULES OF THE COMMITTEE ON EDUCATION minority party members present and shall A subpoena may be authorized and issued AND THE WORKFORCE FOR THE 109TH CONGRESS establish the order of recognition for questioning in such a manner as not to place the by the Chairman, in accordance with clause RULE 1. REGULAR, ADDITIONAL, & SPECIAL members of the majority party in a disad- 2(m) of Rule XI of the House of Representa- MEETINGS: VICE-CHAIRMAN tives, in the conduct of any investigation or vantageous position. (a) Regular meetings of the committee activity or series of investigations or activi- (b) The Chairman may permit a specified shall be held on the second Wednesday of ties within the jurisdiction of the Com- number of members to question a witness for each month at 9:30 a.m., while the House is mittee, following consultation with the longer than five minutes. The time for ex- in session. When the Chairman believes that Ranking Minority Member. tended questioning of a witness under this In addition, a subpoena may be authorized the committee will not be considering any clause shall be equal for the majority party and issued by the Committee or its sub- bill or resolution before the committee and and the minority party and may not exceed committees in accordance with clause 2(m) that there is no other business to be trans- one hour in the aggregate. of Rule XI of the House of the Representa- acted at a regular meeting, he will give each (c) The Chairman may permit committee staff for the majority and the minority party tives, in the conduct of any investigation or member of the committee, as far in advance members to question a witness for equal activity or series of investigations or activi- of the day of the regular meeting as the cir- specified periods. The time for extended ties, when authorized by a majority of the cumstances make practicable, a written no- questioning of a witness under this clause Members voting, a majority of the com- tice to that effect; and no committee meet- shall be equal for the majority party and the mittee or subcommittee being present. ing shall be held on that day. Authorized subpoenas shall be signed by (b) The Chairman may call and convene, as minority party and may not exceed one hour the Chairman or by any Member designated he considers necessary, additional meetings in the aggregate. by the Committee. of the committee for the consideration of RULE 3. RECORDS & ROLLCALLS any bill or resolution pending before the RULE 23. RECOMMENDATION FOR APPOINTMENT (a) Written records shall be kept of the committee or for the conduct of other com- OF CONFEREES proceedings of the committee and of each mittee business. The committee shall meet subcommittee, including a record of the Whenever the Speaker is to appoint a con- for such purposes pursuant to that call of the votes on any question on which a rollcall is ference committee, the Chairman shall rec- Chairman. demanded. The result of each such rollcall ommend to the Speaker as conferees those (c) If at least three members of the com- vote shall be made available by the com- Members of the Committee who are pri- mittee desire that a special meeting of the mittee or subcommittee for inspection by marily responsible for the legislation (in- committee be called by the Chairman, those the public at reasonable times in the offices cluding to the full extent practicable the members may file in the offices of the com- of the committee or subcommittee. Informa- principal proponents of the major provisions mittee their written request to the Chair- tion so available for public inspection shall of the bill as it passed the House), who have man for that special meeting. Immediately include a description of the amendment, mo- actively participated in the Committee or upon the filing of the request, the staff direction, order, or other proposition and the subcommittee consideration of the legisla- tor of the committee shall notify the Chair- name of each member voting for and each tion, and who agree to attend the meetings man of the filing of the request. If, within member voting against such amendment, of the conference. With regard to the ap- three calendar days after the filing of the re- motion, order, or proposition, and the names pointment of minority Members, the Chair- quest, the Chairman does not call the re- of those members present but not voting. A man shall consult with the Ranking Minor- quested special meeting to be held within record vote may be demanded by one-fifth of ity Member. seven calendar days after the filing of the re- the members present or, in the apparent ab- RULE 24. GENERAL OVERSIGHT quest, a majority of the members of the com- sence of a quorum, by any one member. Not later than February 15th of the first mittee may file in the offices of the com- (b) In accordance with Rule VII of the session of a Congress, the Committee shall mittee their written notice that a special Rules of the House of Representatives, any

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H491 official permanent record of the committee pendent schools; special education programs (b) The majority party members of the (including any record of a legislative, over- including, but not limited to, alcohol and committee may provide for such temporary, sight, or other activity of the committee or drug abuse, education of the disabled, mi- ad hoc subcommittees as determined to be any subcommittee) shall be made available grant and agricultural labor education and appropriate. for public use if such record has been in ex- homeless education; educational research RULE 5. EX OFFICIO MEMBERSHIP istence for 30 years, except that— and improvement, including the Institute of The Chairman of the committee and the (1) any record that the committee (or a Education Sciences; poverty programs, in- ranking minority party member shall be ex subcommittee) makes available for public cluding the Community Services Block officio members, but not voting members, of use before such record is delivered to the Ar- Grant Act and the Low Income Home Energy each subcommittee to which such Chairman chivist under clause 2 of Rule VII of the Assistance Program (LIHEAP). or ranking minority party member has not Subcommittee on 21st Century Competi- Rules of the House of Representatives shall been assigned. be made available immediately, including tiveness.—Education and training beyond RULE 6. SPECIAL ASSIGNMENT OF MEMBERS any record described in subsection (a) of this the high school level including, but not lim- Rule; ited to higher education generally, including To facilitate the oversight and other legis- (2) any investigative record that contains postsecondary student assistance and em- lative and investigative activities of the personal data relating to a specific living in- ployment services, Title IV of the Higher committee, the Chairman of the committee dividual (the disclosure of which would be an Education Act; training and apprenticeship may, at the request of a subcommittee chair- unwarranted invasion of personal privacy), including the Workforce Investment Act, man, make a temporary assignment of any any administrative record with respect to displaced homemakers, adult basic education member of the committee to such sub- personnel, and any record with respect to a (family literacy), rehabilitation, professional committee for the purpose of constituting a hearing closed pursuant to clause 2(g)(2) of development, and training programs from quorum and of enabling such member to par- Rule Xl of the Rules of the House of Rep- immigration funding; pre-service and in- ticipate in any public hearing, investigation, resentatives shall be available if such record service teacher training, including Title II of or study by such subcommittee to be held has been in existence for 50 years; or the Elementary and Secondary Education outside of Washington, DC. Any member of (3) except as otherwise provided by order of Act and Title II of the Higher Education Act; the committee may attend public hearings of the House, any record of the committee for Title III and V of the Higher Education Act; any subcommittee and any member of the which a time, schedule, or condition for Title I of the Higher Education Act as it re- committee may question witnesses only availability is specified by order of the com- lates to Titles II, III, IV, and V; science and when they have been recognized by the mittee (entered during the Congress in which technology programs; affirmative action in Chairman for that purpose. the record is made or acquired by the com- higher education; all welfare reform pro- RULE 7. SUBCOMMITTEE CHAIRMANSHIPS mittee) shall be made available in accord- grams including, work incentive programs, The method for selection of chairmen of ance with the order of the committee. welfare-to-work requirements, and childcare the subcommittees shall be at the discretion (c) The official permanent records of the services, including the Childcare Develop- of the full committee Chairman, unless a committee include noncurrent records of the ment Block Grant; Native American Pro- majority of the majority party members of committee (including subcommittees) deliv- grams Act, Robert A. Taft Institute, and In- the full committee disapprove of the action ered by the Clerk of the House of Represent- stitute for Peace. of the Chairman. Subcommittee on Select Education.—Pro- atives to the Archivist of the United States RULE 8. SUBCOMMITTEE SCHEDULING grams and services for the care and treat- for preservation at the National Archives ment of certain at risk youth, including the Subcommittee chairmen shall set meeting and Records Administration, which are the Juvenile Justice and Delinquency Preven- dates after consultation with the Chairman property of and remain subject to the rules tion Act and the Runaway and Homeless and other subcommittee chairmen with a and orders of the House of Representatives. Youth Act; all matters dealing with child view toward avoiding simultaneous sched- (d)(1) Any order of the committee with re- uling of committee and subcommittee meet- spect to any matter described in paragraph abuse and domestic violence, including the Child Abuse Prevention and Treatment Act, ings or hearings, wherever possible. Avail- (2) of this subsection shall be adopted only if able dates for subcommittee meetings during the notice requirements of committee Rule and child adoption; all matters dealing with programs and services for the elderly, includ- the session shall be assigned by the Chair- 18(c) have been met, a quorum consisting of man to the subcommittees as nearly as prac- a majority of the members of the committee ing nutrition programs and the Older Ameri- cans Act; environmental education; all do- ticable in rotation and in accordance with is present at the time of the vote, and a ma- their workloads. As far as practicable, the jority of those present and voting approve mestic volunteer programs; School to Work Opportunities Act; library services and con- Chairman shall not schedule simultaneous the adoption of the order, which shall be sub- subcommittee markups, a subcommittee mitted to the Clerk of the House of Rep- struction, and programs related to the arts and humanities, museum services, and arts markup during a full committee markup, or resentatives, together with any accom- any hearing during a markup. panying report. and artifacts indemnity; Titles VI and VII, RULE 9. SUBCOMMITTEE RULES (2) This subsection applies to any order of Title I as it relates to those Titles, and over- the committee which— sight of Title III and V of the Higher Edu- The rules of the committee shall be the (A) provides for the non-availability of any cation Act; and fiscal auditing of the Depart- rules of its subcommittees. record subject to subsection (b) of this rule ment of Education organization. RULE 10. COMMITTEE STAFF Subcommittee on Workforce Protec- for a period longer than the period otherwise (a) The employees of the committee shall tions.—Wages and hours of labor including, applicable; or be appointed by the Chairman in consulta- but not limited to, Davis-Bacon Act, Walsh- (B) is subsequent to, and constitutes a tion with subcommittee chairmen and other Healey Act, Fair Labor Standards Act (in- later order under clause 4(b) of Rule VII of majority party members of the committee cluding child labor), workers’ compensation the Rules of the House of Representatives, within the budget approved for such purposes generally, Longshore and Harbor Workers’ regarding a determination of the Clerk of the by the committee. Compensation Act, Federal Employees’ Com- House of Representatives with respect to au- (b) The staff appointed by the minority pensation Act, Migrant and Seasonal Agri- thorizing the Archivist of the United States shall have their remuneration determined in cultural Worker Protection Act, Service to make available for public use the records such manner as the minority party members Contract Act, Family and Medical Leave delivered to the Archivist under clause 2 of of the committee shall determine within the Act, Worker Adjustment and Retraining No- Rule VII of the Rules of the House of Rep- budget approved for such purposes by the tification Act, Employee Polygraph Protec- resentatives; or committee. tion Act of 1988, workers’ health and safety (C) specifies a time, schedule, or condition RULE 11. SUPERVISION & DUTIES OF COMMITTEE including, but not limited to, occupational for availability pursuant to subsection (b)(3) STAFF of this Rule. safety and health, mine health and safety, youth camp safety, and migrant and agricul- The staff of the committee shall be under RULE 4. STANDING SUBCOMMITTEES & tural labor health and safety; and, in addi- the general supervision and direction of the JURISDICTION tion, oversight of compulsory union dues Chairman, who shall establish and assign the (a) There shall be five standing sub- within the jurisdiction of another sub- duties and responsibilities of such staff committees. In addition to the conducting committee. members and delegate authority as he deter- oversight in the area of their respective ju- Subcommittee on Employer-Employee Re- mines appropriate. The staff appointed by risdictions as required in clause 2 of House lations.—All matters dealing with relation- the minority shall be under the general su- Rule X, each subcommittee shall have the ships between employers and employees gen- pervision and direction of the minority party following jurisdictions: erally including, but not limited to, the Na- members of the committee, who may dele- Subcommittee on Education Reform.— tional Labor Relations Act, Bureau of Labor gate such authority as they determine ap- Education from preschool through the high Statistics, pension, health, and other em- propriate. All committee staff shall be as- school level including, but not limited to, el- ployee benefits, including the Employee Re- signed to committee business and no other ementary and secondary education gen- tirement Income Security Act (ERISA); all duties may be assigned to them. erally, vocational education, preschool pro- matters related to equal employment oppor- RULE 12. HEARINGS PROCEDURE grams including the Head Start Act, school tunity and civil rights in employment, in- (a) The Chairman, in the case of hearings lunch and child nutrition, and overseas de- cluding affirmative action. to be conducted by the committee, and the

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No bill or resolution or other matter there is good cause to begin such hearing at a copy thereof prior to taking action. A reported by a subcommittee shall be consid- an earlier date. In the latter event, the point of order may be made against any ered by the full committee unless it has been Chairman or the subcommittee chairman, as amendment not reduced to writing. A copy delivered or electronically sent to all mem- the case may be, shall make such public an- of each such amendment shall be maintained bers and notice of its prior transmission has nouncement at the earliest possible date. To in the public records of the committee or been in the hands of all members at least 48 the extent practicable, the Chairman or the subcommittee, as the case may be. hours prior to such consideration; a member subcommittee chairman shall make public (d) In the conduct of hearings of sub- of the Committee shall receive, upon his or announcement of the final list of witnesses committees sitting jointly, the rules other- her request, a paper copy of such bill, resolu- scheduled to testify at least 48 hours before wise applicable to all subcommittees shall tion, or other matter reported. When a bill is the commencement of the hearing. The staff likewise apply to joint subcommittee hear- reported from a subcommittee, such measure director of the committee shall promptly no- ings for purposes of such shared consider- shall be accompanied by a section-by-section tify the Daily Digest Clerk of the Congres- ation. analysis; and, if the Chairman of the com- sional Record as soon as possible after such (e) No person other than a Member of Con- mittee so requires (in response to a request public announcement is made. gress or Congressional staff may walk in, from the ranking minority member of the (b) All opening statements at hearings con- stand in, or be seated at the rostrum area committee or for other reasons), a compari- ducted by the committee or any sub- during a meeting or hearing of the Com- son showing proposed changes in existing committee will be made part of the perma- mittee or Subcommittee unless authorized law. nent written record. Opening statements by by the Chairman. (e) To the extent practicable, any report members may not be presented orally, unless RULE 14. SUBPOENA AUTHORITY prepared pursuant to a committee or sub- the Chairman of the committee or any sub- The power to authorize and issue subcommittee study or investigation shall be committee determines that one statement poenas is delegated to the Chairman of the available to members no later than 48 hours from the Chairman or a designee will be pre- full committee, as provided for under clause prior to consideration of any such report by sented, in which case the ranking minority 2(m)(3)(A)(i) of Rule XI of the Rules of the the committee or subcommittee, as the case party member or a designee may also make House of Representatives. The Chairman may be. a statement. If a witness scheduled to testify shall notify the ranking minority member RULE 16. VOTES at any hearing of the Committee or any sub- prior to issuing any subpoena under such au- (a) With respect to each rollcall vote on a committee is a constituent of a member of thority. To the extent practicable, the Chair- motion to report any bill, resolution or mat- the committee or subcommittee, such mem- man shall consult with the ranking minority ter of a public character, and on any amend- ber shall be entitled to introduce such wit- member at least 24 hours in advance of a sub- ment offered thereto, the total number of ness at the hearing. poena being issued under such authority, ex- votes cast for and against, and the names of (c) To the extent practicable, witnesses cluding Saturdays, Sundays, and federal those members voting for and against, shall who are to appear before the committee or a holidays. As soon as practicable after issuing be included in the committee report on the subcommittee shall file with the staff direc- any subpoena under such authority, the measure or matter. tor of the committee, at least 48 hours in ad- Chairman shall notify in writing all mem- (b) In accordance with clause 2(h) of House vance of their appearance, a written state- bers of the Committee of the issuance of the Rule XI, the Chairman of the Committee or ment of their proposed testimony, together subpoena. a Subcommittee is authorized to postpone with a brief summary thereof, and shall RULE 15. REPORTS OF SUBCOMMITTEES further proceedings when a record vote is or- limit their oral presentation to a summary (a) Whenever a subcommittee has ordered a dered on the question of approving a measure thereof. The staff director of the committee or matter or on adopting an amendment. shall promptly furnish to the staff director bill, resolution, or other matter to be reported to the committee, the chairman of Such Chairman may resume proceedings on a of the minority a copy of such testimony postponed request at any time after reason- submitted to the committee pursuant to this the subcommittee reporting the bill, resolution, or matter to the committee, or any able notice. When proceedings resume on a rule. postponed question, notwithstanding any in- (d) When any hearing is conducted by the member authorized by the subcommittee to do so, may report such bill, resolution, or tervening order for the previous question, an committee or any subcommittee upon any underlying proposition shall remain subject measure or matter, the minority party mem- matter to the committee. It shall be the duty of the chairman of the subcommittee to to further debate or amendment to the same bers on the committee shall be entitled, extent as when the question was postponed. upon request to the Chairman by a majority report or cause to be reported promptly such RULE 17. AUTHORIZATION FOR TRAVEL of those minority party members before the bill, resolution, or matter, and to take or completion of such hearing, to call witnesses cause to be taken the necessary steps to (a) Consistent with the primary expense selected by the minority to testify with re- bring such bill, resolution, or matter to a resolution and such additional expense reso- spect to that measure or matter during at vote. lutions as may have been approved, the pro- (b) In any event, the report, described in least one day of hearing thereon. The minor- visions of this rule shall govern travel of the proviso in subsection (d) of this rule, of ity party may waive this right by calling at committee members and staff. Travel to be any subcommittee on a measure which has least one witness during a committee hear- paid from funds set aside for the full com- been approved by the subcommittee shall be ing or subcommittee hearing. mittee for any member or any staff member filed within seven calendar days (exclusive of shall be paid only upon the prior authoriza- RULE 13. MEETINGS–HEARINGS–QUORUMS days on which the House is not in session) tion of the Chairman. Travel may be author- (a) Subcommittees are authorized to hold after the day on which there has been filed ized by the Chairman for any member and hearings, receive exhibits, hear witnesses, with the staff director of the committee a any staff member in connection with the at- and report to the committee for final action, written request, signed by a majority of the tendance of hearings conducted by the com- together with such recommendations as may members of the subcommittee, for the re- mittee or any subcommittee thereof and be agreed upon by the subcommittee. No porting of that measure. Upon the filing of meetings, conferences, and investigations such meetings or hearings, however, shall be any such request, the staff director of the which involve activities or subject matter held outside of Washington, DC, or during a committee shall transmit immediately to under the general jurisdiction of the com- recess or adjournment of the House without the chairman of the subcommittee a notice mittee. The Chairman shall review travel re- the prior authorization of the committee of the filing of that request. quests to assure the validity to committee Chairman. Where feasible and practicable, 14 (c) All committee or subcommittee reports business. Before such authorization is given, days’ notice will be given of such meeting or printed pursuant to legislative study or in- there shall be submitted to the Chairman in hearing. vestigation and not approved by a majority writing the following: (b) One-third of the members of the com- vote of the committee or subcommittee, as (1) the purpose of the travel; mittee or subcommittee shall constitute a appropriate, shall contain the following dis- (2) the dates during which the travel is to quorum for taking any action other than claimer on the cover of such report: ‘‘This be made and the date or dates of the event amending committee rules, closing a meet- report has not been officially adopted by the for which the travel is being made; ing from the public, reporting a measure to Committee on Education and the Workforce (3) the location of the event for which the recommendation, or in the case of the com- (or pertinent subcommittee thereof) and travel is to be made; and mittee or a subcommittee authorizing a sub- therefore may not necessarily reflect the (4) the names of members and staff seeking poena. For the enumerated actions, a major- views of its members.’’ authorization. ity of the committee or subcommittee shall The minority party members of the com- (b)(1) In the case of travel outside the constitute a quorum. Any two members shall mittee or subcommittee shall have three cal- United States of members and staff of the

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H493 committee for the purpose of conducting the chairman of each subcommittee that he nority party membership, the Chairman hearings, investigations, studies, or attend- [or she] intends to question such proposed re- shall include amounts budgeted to the mi- ing meetings and conferences involving ac- ferral at the next regularly scheduled meet- nority party members for staff personnel to tivities or subject matter under the legisla- ing of the committee, or at a special meeting be under the direction and supervision of the tive assignment of the committee or perti- of the committee called for that purpose, at minority party, travel expenses of minority nent subcommittees, prior authorization which time referral shall be made by the ma- party members and staff, and minority party must be obtained from the Chairman, or, in jority members of the committee. All bills office expenses. All travel expenses of minor- the case of a subcommittee, from the sub- shall be referred under this rule to the sub- ity party members and staff shall be paid for committee chairman and the Chairman. Be- committee of proper jurisdiction without re- out of the amounts so set aside and budg- fore such authorization is given, there shall gard to whether the author is or is not a eted. The Chairman shall take whatever ac- be submitted to the Chairman, in writing, a member of the subcommittee. A bill, resolution is necessary to have the budget as fi- request for such authorization. Each request, tion, or other matter referred to a sub- nally approved by the committee duly au- which shall be filed in a manner that allows committee in accordance with this rule may thorized by the House. After such budget for a reasonable period of time for review be- be recalled therefrom at any time by a vote shall have been adopted, no change shall be fore such travel is scheduled to begin, shall of the majority members of the committee made in such budget unless approved by the include the following: for the committee’s direct consideration or committee. The Chairman or the chairman (A) the purpose of travel; for reference to another subcommittee. of any standing subcommittee may initiate (B) the dates during which the travel will (c) All members of the committee shall be necessary travel requests as provided in Rule occur; given at least 24 hours’ notice prior to the di- 16 within the limits of their portion of the (C) the names of the countries to be visited rect consideration of any bill, resolution, or consolidated budget as approved by the and the length of time to be spent in each; other matter by the committee; but this re- House, and the Chairman may execute nec- (D) an agenda of anticipated activities for quirement may be waived upon determina- essary vouchers therefor. each country for which travel is authorized tion, by a majority of the members voting, (b) Subject to the rules of the House of together with a description of the purpose to that emergency or urgent circumstances re- Representatives and procedures prescribed be served and the areas of committee juris- quire immediate consideration thereof. by the Committee on House Administration, and with the prior authorization of the diction involved; and RULE 19. COMMITTEE REPORTS (E) the names of members and staff for Chairman of the committee in each case, (a) All committee reports on bills or reso- whom authorization is sought. there may be expended in any one session of (2) Requests for travel outside the United lutions shall comply with the provisions of Congress for necessary travel expenses of States may be initiated by the Chairman or clause 2 of Rule XI and clauses 2, 3, and 4 of witnesses attending hearings in Washington, the chairman of a subcommittee (except that Rule XIII of the Rules of the House of Rep- DC: individuals may submit a request to the resentatives. (1) out of funds budgeted and set aside for (b) No such report shall be filed until cop- Chairman for the purpose of attending a con- each subcommittee, not to exceed $5,000 for ies of the proposed report have been avail- ference or meeting) and shall be limited to expenses of witnesses attending hearings of able to all members at least 36 hours prior to members and permanent employees of the each such subcommittee; such filing in the House. No material change committee. (2) out of funds budgeted for the full com- (3) The Chairman shall not approve a re- shall be made in the report distributed to mittee majority, not to exceed $5,000 for ex- quest involving travel outside the United members unless agreed to by majority vote; penses of witnesses attending full committee States while the House is in session (except but any member or members of the com- hearings; and in the case of attendance at meetings and mittee may file, as part of the printed re- (3) out of funds set aside to the minority conferences or where circumstances warrant port, individual, minority, or dissenting party members, (A) not to exceed, for each of the sub- an exception). views, without regard to the preceding provi- committees, $5,000 for expenses of witnesses (4) At the conclusion of any hearing, inves- sions of this rule. ( c) Such 36-hour period shall not conclude attending subcommittee hearings, and tigation, study, meeting, or conference for earlier than the end of the period provided (B) not to exceed $5,000 for expenses of wit- which travel outside the United States has under clause 4 of Rule XIII of the Rules of nesses attending full committee hearings. been authorized pursuant to this rule, each the House of Representatives after the com- (c) A full and detailed monthly report ac- subcommittee (or members and staff attend- mittee approves a measure or matter if a counting for all expenditures of committee ing meetings or conferences) shall submit a member, at the time of such approval, gives funds shall be maintained in the committee written report to the Chairman covering the notice of intention to file supplemental, mi- office, where it shall be available to each activities of the subcommittee and con- nority, or additional views for inclusion as member of the committee. Such report shall taining the results of these activities and part of the printed report. show the amount and purpose of each ex- other pertinent observations or information (d) The report on activities of the com- penditure, and the budget to which such ex- gained as a result of such travel. mittee required under clause 1 of Rule XI of penditure is attributed. (c) Members and staff of the committee the Rules of the House of Representatives, RULE 22. APPOINTMENT OF CONFEREES, NOTICE performing authorized travel on official busi- shall include the following disclaimer in the OF CONFERENCE MEETINGS AND CONFERENCE ness shall be governed by applicable laws, document transmitting the report to the MOTION resolutions, or regulations of the House and Clerk of the House: ‘‘This report has not of the Committee on House Administration (a) Whenever in the legislative process it been officially adopted by the Committee on pertaining to such travel, including rules, becomes necessary to appoint conferees, the Education and the Workforce or any sub- procedures, and limitations prescribed by the Chairman shall recommend to the Speaker committee thereof and therefore may not Committee on House Administration with as conferees the names of those members of necessarily reflect the views of its mem- respect to domestic and foreign expense al- the subcommittee which handled the legisla- bers.’’ lowances. tion in the order of their seniority upon such Such disclaimer need not be included if the (d) Prior to the Chairman’s authorization subcommittee and such other committee report was circulated to all members of the for any travel, the ranking minority party members as the Chairman may designate committee at least 7 days prior to its sub- member shall be given a copy of the written with the approval of the majority party mission to the House and provision is made request therefor. members. Recommendations of the Chair- for the filing by any member, as part of the man to the Speaker shall provide a ratio of RULE 18. REFERRAL OF BILLS, RESOLUTIONS, & printed report, of individual, minority, or majority party members to minority party OTHER MATTERS dissenting views. members no less favorable to the majority (a) The Chairman shall consult with sub- RULE 20. MEASURES TO BE CONSIDERED UNDER party than the ratio of majority members to committee chairmen regarding referral, to SUSPENSION minority party members on the full com- the appropriate subcommittees, of such bills, A member of the committee may not seek mittee. In making assignments of minority resolutions, and other matters, which have to suspend the Rules of the House on any party members as conferees, the Chairman been referred to the committee. Once printed bill, resolution, or other matter which has shall consult with the ranking minority copies of a bill, resolution, or other matter been modified after such measure is ordered party member of the committee. are available to the Committee, the Chair- reported, unless notice of such action has (b) After the appointment of conferees pur- man shall, within three weeks of such avail- been given to the Chairman and ranking mi- suant to clause 11 of Rule I of the Rules of ability, provide notice of referral, if any, to nority member of the full committee. the House of Representatives for matters the appropriate subcommittee. within the jurisdiction of the committee, the (b) Referral to a subcommittee shall not be RULE 21. BUDGET & EXPENSES Chairman shall notify all members ap- made until three days shall have elapsed (a) The Chairman in consultation with the pointed to the conference of meetings at after written notification of such proposed majority party members of the committee least 48 hours before the commencement of referral to all subcommittee chairmen, at shall prepare a preliminary budget. Such the meeting. If such notice is not possible, which time such proposed referral shall be budget shall include necessary amounts for then notice shall be given as soon as pos- made unless one or more subcommittee staff personnel, for necessary travel, inves- sible. chairmen shall have given written notice to tigation, and other expenses of the com- (c) The chairman is directed to offer a mo- the Chairman of the full committee and to mittee; and, after consultation with the mi- tion under clause 1 of rule XXII of the Rules

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H494 CONGRESSIONAL RECORD — HOUSE February 9, 2005 of the House whenever the chairman con- Americans will go home soon; the more that, is part of the problem with re- siders it appropriate. you vote, the faster we will get the oc- spect to France and Russia’s and Ger- RULE 23. BROADCASTING OF COMMITTEE cupying troops out. I think we should many’s involvement in Iraq before the HEARINGS & MEETINGS understand that. war. France, Russia, all must be in- (a) Television, Radio and Still Photog- We have a problem here with the vited to the table. Germany, China, ev- raphy. (1) Whenever a hearing or meeting trust of the Iraqi people. The problem erybody should come to the table. We conducted by the Committee or any sub- is, who will gain the trust of the Iraqi need the sanctioning of whatever committee is open to the public, those pro- people. Will we be able to gain that agreement is reached by the entire ceedings shall be open to coverage by television, radio, and still photography subject trust by behaving in a certain way, not international community. If the Iraqis to the requirements of Rule XI, clause 4 of just speaking and talking about guar- will trust what happens and believe it the Rules of the House of Representatives anteeing liberty and freedom, but also is true, it must have all the people at and except when the hearing or meeting is justice? the table who can guarantee it will be closed pursuant to the Rules of the House of Will we be able to gain the trust be- carried out appropriately. Representatives and of the Committee. The fore the outside forces of bin Laden? Step two would be to say, once we coverage of any hearing or meeting of the Time is on bin Laden’s side. The have dealt with the problem of oil, and Committee or any subcommittee thereof by longer we wait, the longer we hesitate, there is so little discussion of the prob- television, radio, or still photography shall the longer we occupy Iraq and stay be under the direct supervision of the Chair- lem of oil, of what exactly is the role of man of the Committee, the subcommittee there, the more he will gather in new oil in this whole conflict, it is fright- chairman, or other member of the Com- forces and recruit new people to come ening. It is dishonest, of course, not to mittee presiding at such hearing or meeting in. So we don’t have an infinite amount discuss oil and how oil brought us and may be terminated by such member in of time. there and how oil is being handled accordance with the Rules of the House. We should prepare an exit strategy right now. (2) Personnel providing coverage by the and move on that exit strategy imme- When we moved our troops into Iraq, television and radio media shall be then cur- diately. The problem is, how do you most people don’t know it, but we im- rently accredited to the Radio and Tele- gain the trust of the people of Iraq in mediately secured the oil wells. Before vision Correspondents’ Galleries. (3) Personnel providing coverage by still order to guarantee that the insurgents they dealt with the museums or the photography shall be then currently accred- will have no support among the people. city halls, the hospitals or any other ited to the Press Photographers’ Gallery. The less support the insurgents have facility, the Marines and the invading (b) Internet Broadcast. An open meeting or among the people, the more secure Iraq forces secured the oil wells. hearing of the committee or subcommittee will become. There are some written agreements may be covered and recorded, in whole or in Step one in any successful departure already, I understand, that the oil in- part, by Internet broadcast, unless such from Iraq, and I think we can have a dustry in the future in Iraq must be meeting or hearing is closed pursuant to the successful end to this occupation, step privatized. I do not know how such Rules of the House and of the Committee. one in that successful end to the occu- Such coverage shall be fair and nonpartisan agreements can be enforced. I do not and in accordance clause 4(b) of House Rule pation would be to put a discussion of know how they could be generated, but XI and other applicable rules of the House of oil on the table. An open and truthful I hear rumors that privatization of the Representatives and of the Committee. Mem- discussion of the oil revenues of Iraq oil is a condition that is written some- bers of the Committee shall have prompt ac- should be on the world table. how into the agreement with the Iraqi cess to any recording of such coverage to the Oil is part of the problem. Oil can be interim government, and it has to be a extent that such coverage is maintained. a part of the solution. In fact, oil is part of the constitution, et cetera. Personnel providing such coverage shall be possibly the major problem, and oil can Oil is a problem. Let us guarantee employees of the House of Representatives or be the major solution. Let us have an that the greater benefits of that oil go currently accredited to the Radio and Tele- vision Correspondents’ Galleries. honest discussion of what is going to to the Iraqi people. Once you have done happen to the revenue earned by the oil that, in the next 90 days, that can be RULE 24. CHANGES IN COMMITTEE RULES of Iraq. done, once you have done that, then The committee shall not consider a pro- Iraq is quite fortunate. Despite all of steps can be taken to move forward to- posed change in these rules unless the text of its great troubles, it does have beneath such change has been delivered or electroni- ward a constitutional government. cally sent to all members and notice of its the soil enough oil to keep the country The people elected now were elected prior transmission has been in the hands of prosperous for many decades to come. primarily to write a constitution. They all members at least 48 hours prior to such It does have enough oil to rebuild the should be given an incentive by being consideration; a member of the Committee country and to do things that resources told that after this constitutional proc- shall receive, upon his or her request, a can provide. ess, a certain number of days after that paper copy of the such proposed change. Within the next 90 days, if you want process, we are leaving. They should be f a successful exit strategy, within the given that incentive. The SPEAKER pro tempo. Under a next 90 days a conference should be I understand the scheduling probably previous order of the House, the gen- called. An international conference is a year away. I do not know exactly tleman from Illinois (Mr. DAVIS) is rec- should be called on the distribution of what the timetable is at that point. ognized for 5 minutes. the oil revenue of Iraq. But if they have to delay, then they (Mr. DAVIS of Illinois addressed the What will the distribution of that delay the occupation. If they move it House. His remarks will appear here- revenue be? faster, there will be some incentive after in the Extensions of Remarks.) I think the conference should guar- there so that they will see the occu- antee that the great majority of the pying troops leave that much sooner. It f revenue, most of the revenue will go to does not take rocket science to resolve b 1800 the Iraqi people. Whether that is paid this problem if there is going to be real directly to the Iraqi Government or honesty. WHO WILL GAIN THE TRUST OF whether it is through some taxing ar- The great fear of the Iraqi people is THE IRAQI PEOPLE rangement on privately produced oil that they will get no justice. And if The SPEAKER pro tempore (Mr. from private companies does not mat- they fear they will get no justice, they BARRETT of South Carolina). Under a ter. Some way, we should guarantee will turn more and more to outsiders. previous order of the House, the gen- that the benefits of the oil, the rev- Bin Laden and his insurgents will be- tleman from New York (Mr. OWENS) is enue, most of it, goes to the people of come stronger and stronger, and more recognized for 5 minutes. Iraq. and more Americans will lose their Mr. OWENS. Mr. Speaker, we are all There are other problems, because lives, and more and more dollars from celebrating Iraq’s election, and I cer- people have invested in the oil wells of American taxpayers will be pumped tainly join in the celebration. But I Iraq. There are problems, because a into this situation needlessly. hope we realize that the great slogan great deal of money has to be poured in I say that we should understand that. that was almost universal, every can- the provision of technical assistance. Oil was the problem and oil can be the didate, every party says, Vote and the Technical assistance, and the cost of final solution.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H495 The SPEAKER pro tempore. Under a tory’s compliance with Federal and CMS directly inspects some labs to previous order of the House, the gen- State regulations on behalf of CMS and ensure CLIA compliance and State tleman from New Jersey (Mr. PALLONE) the State; and the Maryland Depart- health agencies are responsible for in- is recognized for 5 minutes. ment of Health and Mental Hygiene all specting and certifying the compliance (Mr. PALLONE addressed the House. testified. of others. In addition, pursuant to His remarks will appear hereafter in It was Ms. Turner’s complaint in De- CLIA regulations and agreements be- the Extensions of Remarks.) cember 2003 that triggered investiga- tween CMS and the States, clinical lab- f tions by the State CMS, the Joint oratories that choose to be accredited Commissioner on Accreditation of by CAP or one of five other private ac- CLINICAL LABORATORY COMPLI- Healthcare, JCAHO, and CAP, between crediting organizations, are deemed to ANCE IMPROVEMENT ACT OF 2005 January and March. The investigations be in compliance with State and Fed- The SPEAKER pro tempore. Under a confirmed Ms. Turner’s allegation that eral regulatory requirements and can previous order of the House, the gen- during a 14-month period between June bill for services provided for Medicare tleman from Maryland (Mr. CUMMINGS) 2002 and August 2003, Maryland General beneficiaries. is recognized for 5 minutes. Hospital issued more than 450 question- Mr. Speaker, there is no doubting the Mr. CUMMINGS. Mr. Speaker, today able HIV and hepatitis test results to fact that CLIA has made medical test- I am introducing the Clinical Labora- hospital patients. ing more accurate and more reliable, tory Compliance Improvement Act of During this time period, the hospital and surely the overwhelming majority 2005, legislation to improve accuracy laboratory was inspected and accred- of labs do their best to conform to and reliability in medical testing and ited for 2 years by CAP, receiving these high standards. Unfortunately, provide protection for employees who CAP’s Accredited With Distinction Cer- the Maryland General case clearly report laboratory problems to their su- tificate. Despite an earlier anonymous demonstrates that not all laboratories periors or regulatory entities. complaint by Ms. Williams and several will play fair and that the current sys- Medical laboratory testing is a fun- colleagues, the State also was unable tem does not guarantee that serious in- damental pillar of our Nation’s health to identify the problems, and serious stances of noncompliance will be de- care system. Virtually every American deficiencies in two key departments of tected or corrected. undergoes testing in the course of re- the lab went undetected by CAP and Testimony before the subcommittee ceiving medical care and relies on the the State until January of 2004. indicated that in the Maryland General In Spring of 2004, inspectors from the accuracy of laboratory tests to receive case, laboratory supervisors failed to States’ EMS and JCAHO concluded appropriate medical care and treat- implement quality control measures that the laboratory staff had falsified ment. Incorrect test results in the and deliberately masked lab defi- federally required instrument quality worst case can contribute to a misdiag- ciencies from inspectors from CAP and control results and reported patient re- nosis that leads to inappropriate care the State. Employees who complained sults even though quality control and possible adverse health con- were subject to retaliation and intimi- checks had failed. Learning of the sequences for the patient. In the best dation. problems by way of news reports, CAP case, incorrect or invalid results can f lead to undue stress and inconvenience. conducted a complaint inspection in Inaccurate testing for communicable April, found similar deficiencies, and NO CRISIS IN SOCIAL SECURITY diseases can pose a serious threat to suspended accreditation of the lab’s The SPEAKER pro tempore. Under a the public health. In May and July of chemistry and point-of-care depart- previous order of the House, the gen- ments for 30 days. 2004, the House Subcommittee on tleman from Texas (Mr. GENE GREEN) To its credit, Maryland General Hos- Criminal Justice, Drug Policy and is recognized for 5 minutes. pital conducted its own internal review Human Resources of the Committee on Mr. GENE GREEN of Texas. Mr. and vigorously undertook efforts both Government Reform held hearings to Speaker, I rise to help dispel the ridic- to retest the affected patients and to investigate lab deficiencies that led to ulous myth that Social Security is in a revamp the lab’s leadership and oper- the release of hundreds of invalid test state of crisis. ations. results by the Maryland General Hos- Fortunately, retesting verified the If you listened to the President at pital located in my district in Balti- accuracy of the overwhelming majority the State of the Union or out on the more City. I requested the hearings as of tests, and Maryland General has stump, you have heard the President the subcommittee’s ranking minority made enormous strides in improving use words like ‘‘broke,’’ ‘‘bust’’ or member, and with the cooperation and its lab operations so that patients re- ‘‘bankrupt.’’ Mr. Speaker, Social Secu- support of the distinguished chairman, ceive results that are accurate and reli- rity is neither broke nor bankrupt. The the gentleman from Indiana (Mr. able. program is certainly not in crisis. A SOUDER), the subcommittee conducted Nevertheless, Mr. Speaker, this is a crisis is an imminent problem. Yet, the hearings on a strictly bipartisan situation that caused great distress to while the President cries ‘‘crisis,’’ So- basis. the community that the Maryland cial Security continues to bring in During the hearings, the sub- General serves. more than it pays out in benefits. committee received testimony from I should note that I live in that com- According to the Social Security Teresa Williams and Kristin Turner, munity, and I have received care at trustees, the program will continue to two former laboratory employees who Maryland General Hospital. This is a do so for the next 13 years, until 2018, complained to superiors and State situation that could have put lives in when the trust fund will be tapped to health officials about serious, long- jeopardy and one that simply should help pay for benefits. Even then the standing deficiencies in the lab, includ- never have occurred, given the regu- cries of ‘‘crisis’’ would be melodra- ing failure to implement quality con- latory safeguards that exist to ensure matic because the money accumulated trols on a diagnostic device used to quality testing. in the trust fund would be able to pro- read tests for HIV and hepatitis. Congress recognized the importance vide full benefits for the next quarter Officials from the Food and Drug Ad- of ensuring that all Americans receive of a century. ministration and the Centers for Medi- accurate diagnostic test results when As a recent Washington Post article care and Medicaid Services, responsible in enacted Federal Standards for Med- put it, calling 2018 a crisis point is for implementing Federal regulations ical Laboratories under the Clinical ‘‘like saying that Bill Gates will be governing medical diagnostic devices Laboratories Improvement Amend- strapped if he works only part-time.’’ and laboratory operations, respec- ments of 1998, now know as CLIA. Just as Bill Gates has his personal tively; the former chief executive of Under the CLIA, the Centers for Medi- trust fund to draw down, the Social Se- Adaltis US, Inc., manufacturer of the care and Medicaid Services were curity trust fund will have more than device used to run the invalid test; the charged with developing and imple- $3.7 trillion in it in 2018. If our govern- College of American Pathologists, a menting regulations to ensure that all ment is going to pay back the debts we private accrediting organization re- labs conform to strict Federal guide- owe to someone in a foreign country sponsible for certifying the labora- lines. that invests in Treasury notes, why

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H496 CONGRESSIONAL RECORD — HOUSE February 9, 2005 should we not be required to pay back reality and quit fabricating a crisis in lead the investment communities. the Social Security trust fund, whether a vain attempt to privatize the most What we see here is that apparently it is 2018, 2025 or tomorrow? popular, most successful domestic pro- the majority leader did not like the The trustees acknowledge that the gram in our Nation’s history. outcome of the actions by the Com- trust fund and incoming payroll taxes f mittee on Standards of Official Con- will be enough to cover full benefits duct, and so they started to change the ISSUES OF ETHICS until 2042, so there will be no reduction rules. of benefits if Congress did nothing this The SPEAKER pro tempore (Mr. There apparently is some anticipa- year and until 2042. According to our BARRETT of South Carolina). Under a tion that the majority leader could be own Congressional Budget Office, it previous order of the House, the gen- subject to an indictment out of the would last until 2052. Frankly, the tleman from California (Mr. GEORGE State of Texas. As a result of that, CBO, the budget office, has been much MILLER) is recognized for 5 minutes. there was an effort to change the rules; more accurate than the Social Security Mr. GEORGE MILLER of California. and in fact, the rules were changed Trustees’ report. Mr. Speaker, very often when we are within the Republican Caucus to say Even if the Social Security trust out among the people we represent and that, if indicted, that leader could con- fund is spent, the program still will not holding town hall meetings and meet- tinue to serve, or a leader in the posi- be in crisis. After 2052, according to ing with various organizations, we are tion of leadership could continue to CBO, the Trustees project that the pro- asked the question, Why do you not serve. Of course, that was a voice vote gram will be able to pay out at least 70 run the government like a business? and a secret caucus. percent of the benefits. Unfortunately, today, there is some When that vote was exposed to day- evidence that we are running it like a light, when they found out that vote b 1815 business, but we are running it like was going to be challenged by our side Again, that is 47 years from now. some of the worst businesses in Amer- of the aisle, by the Democrats in the Make no mistake, I will not support a ica. House, they, of course, changed that cut in benefits, and so a fix is certainly Today, what we see, as the Repub- action because it would not stand up in order, but we need a solution that licans gain seats in the House of Rep- under scrutiny; but they did not do will mend Social Security without end- resentatives, as the Republicans get anything. ing the program as we know it. Privat- more and more control of the House of Unlike the old rules, the investiga- ization is no solution. Representatives, there is less and less tion would have proceeded because the While we know very little about the space for honest debate in the House. committee is evenly split between Re- details of the President’s plan, this There are less opportunities for the mi- publicans and Democrats. It would much is for sure. On its own, privatiza- nority to offer amendments, to offer bi- have proceeded. Now, unless one person tion does nothing to close Social Secu- partisan changes to legislation to come from one party or another crosses the rity’s funding gap. Rather, it increases to the floor. If we put together a bipar- party lines and agrees to the investiga- that gap by $1.4 trillion in the first 10 tisan coalition that the Republican tion, the investigation dies. We now years of private accounts and by an- leadership does not like, they simply have the situation where the party other $3.5 trillion in the next decade. are not allowed to offer that amend- that may have somebody under inves- Not only is Social Security further ment. tigation, in effect, has a veto. burdened by private accounts but our This is at a time when young men That is not the ethics process that seniors would also be worse off. and women are dying to bring democ- the public is entitled to or the Mem- Mr. Speaker, Social Security faces a racy to Afghanistan and to Iraq, and bers of the House are entitled to. We challenge, not a crisis. Small changes yet we cannot find that democracy on now see that that is the rules of the based on the right priorities could keep the floor of the House of Representa- House. the program floating comfortably in a tives. It does appear, as the old saying We now also see that in the replace- sea of black ink for generations to says, that power corrupts and absolute ment of the Members of the Committee come. power corrupts absolutely; and that is on Standards of Official Conduct, we A repeal of the President’s tax cuts the situation we have come to. have two Members of the committee on 1 percent of the wealthiest will We now have the House that has an who have contributed to the defense bring in enough revenue to take care of ethics process that reeks of favoritism, fund for the majority leader. If they 80 percent of Social Security’s shortfall reeks of conflicts of interest, reeks of are called upon to undertake an inves- for the next 75 years. And I will repeat: punishment of those who dare to look tigation, because apparently that mat- if we repeal 1 percent of the tax cuts at the evidence and make an inde- ter is still pending before the Com- for the highest percentage of the pendent judgment. We now see that mittee on Standards of Official Con- wealthiest in our country, it would those individuals are taken off the duct, they will be in a position of hav- take care of 80 percent of Social Secu- committee. The chairman of the coming to decide whether to proceed or rity’s shortfall over the next 75 years. mittee is sacked for no apparent rea- not, and they have already cast their Yet somehow I doubt whether the ad- son. vote with their contribution to that de- ministration will ever prioritize a safe- There was a unanimous vote in the fense fund. ty net program benefiting all Ameri- committee in the last session of the So we now have a Committee on cans over a tax cut that benefits the Congress three times to admonish the Standards of Official Conduct that is wealthy few. majority leader of the House. The com- severely conflicted with respect to its As we consider the various Social Se- mittee apparently looked at the evi- duty to the people of the country and curity proposals during this debate, we dence, listened to the witnesses, and on to the Members of this House. must remember that Social Security a unanimous basis decided that that Mr. Speaker, this is not what the was created as a safety net to provide action was warranted. We then see that people’s House should look like. This is a minimum standard of living for those individuals who participated, or not how the people’s business should be America’s retirees. Nobody is supposed several of those individuals, including done, whether it is about allowing to get rich off Social Security, and the chairman who participated in that space for true and honest political de- they do not. Frankly, with private ac- unanimous decision, were taken off the bate, as many Members on the floor counts, I do not think they will get committee. today earlier argued for the ability to rich either. This starts to look like the busi- talk about the asylum provisions in What they will do, however, is take nesses that have terrified the American the bill that we will vote tomorrow, the security out of Social Security and people, the Enrons, the WorldComs, but the time was not allotted to do jeopardize the program’s mission and where we see what happens is the CEO that. The time was not allotted to have effectiveness. starts to appoint his friends to the that kind of discussion that affects so For the sake of all the future Social board of directors. They start to cook many people. Why did they do that? Security beneficiaries, I urge the Presi- the books, they start to steal the Because they do not want the discus- dent to separate the rhetoric from the shareholders money, they start to mission. As our colleague, the gentleman

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H497 from Massachusetts (Mr. FRANK), said, jobs that we were told would be there Ms. HERSETH. Mr. Speaker, I rise it appears that they know they can win for our kids and would secure them today to discuss Social Security and the vote, they just do not believe they with a place in the middle class. the current efforts to fundamentally can win the debate. Time and again we The question that the American peo- change the nature of this important re- see that happening. ple have to ask is why it is that cor- tirement security and collective insur- As severe as that problem is with re- porate America, with the active sup- ance program. I want to focus specifi- spect to closing down democracy in the port of the President of the United cally on the impact of these efforts House, the changing and the corrupting States and the congressional leader- with respect to younger workers. of the ethics process is far more severe ship, is selling out the American people For years, my generation has been because our first obligation is to make and making China the economic super- told that Social Security would not be sure that Congress does, in fact, do its power of the 21st century. Not only is there for us when we reach retirement business in an ethical fashion, not in a China rapidly becoming the manufac- age. We have been told that we are corrupt fashion, and that Members of turing center of the world; it is quickly fools to count on expected Social Secu- Congress are held to an ethical stand- becoming the information technology rity benefits when planning for our ard that justifies their support by the hub as well. own retirement; and lately we have people of their districts. Andy Grove, the founder of Intel, pre- been told that if we divert a portion of dicted last year that the United States f our contributions into private accounts will lose the bulk of its information it will somehow shore up Social Secu- WE MUST REPEAL PNTR WITH technology jobs to China and India rity’s balance sheet while improving CHINA over the next decade. John Chambers, the return on our investment. the CEO of Cisco, was typical of many The SPEAKER pro tempore. Under a b 1830 previous order of the House, the gen- high-tech leaders when he said, ‘‘China But those claims simply are not sup- tleman from Vermont (Mr. SANDERS) is will become the IT center of the world. ported by the facts. recognized for 5 minutes. What we’re,’’ at Cisco, ‘‘trying to do is Make no mistake, the Social Secu- Mr. SANDERS. Mr. Speaker, I am an- outline an entire strategy of becoming rity program faces some challenges nouncing today that along with 61 co- a Chinese company.’’ over the next 50 to 75 years. There are sponsors, 45 Democrats and 16 Repub- At a time when poverty in America is a number of proposals currently being licans, I am introducing legislation increasing, the gap between the rich developed to try to address these prob- that will repeal Permanent Normal and the poor is growing wider and most of the new jobs projected for the future lems while encouraging private sav- Trade Relations, PNTR, with China. ings. And I am committed to working Anyone who takes an objective look are low wage with minimal benefits, in a bipartisan manner to support at our trade policy with China must the great economic struggle of our time is whether the middle class of smart targeted solutions that are fis- conclude that it is an absolute failure cally sound; that do not require slash- and needs to be fundamentally over- America can be saved. Will we be a country in which ordinary workers ing of scheduled benefits; and that do hauled. There really can be no other not add to the Federal deficit. But I conclusion. have bright futures with good-paying jobs and decent benefits, or will we have serious concerns with any pro- Today, as part of our overall record- posal, including that of the administra- breaking $600 billion trade deficit, we continue to move in an oligarchic direction in which the rich get richer and tion, to privatize or establish personal have an estimated $160 billion trade accounts within Social Security. deficit with China. Incredibly, this most everyone else gets poorer? To a significant degree, the answer to that First, such proposals require substan- trade deficit with China has increased tial mandatory benefit cuts to retirees; by 29 percent over the last year alone question will depend on whether Con- gress has the courage to make funda- and, second, they require massive and almost 50 percent since the passage amounts of borrowing to finance the of PNTR in 2000. mental changes in our trade policy, including PNTR with China. transition costs, a fiscally irrespon- Very few experts in this area doubt sible plan at a time of record deficits. that the trade deficit with China will The word has got to go out loud and clear to companies like Wal-Mart, GE, Despite claims to the contrary, these continue to escalate in the years benefit cuts will be particularly signifi- ahead. In industry after industry, cor- GM, IBM and dozens more, as well as the U.S. Chamber of Commerce, that cant to younger Americans. porate America is shifting our manu- they cannot keep sending America’s fu- The Social Security System’s own facturing plants, our good-paying jobs ture to China. Trade is a good thing, actuaries estimate that the average 48- to China where desperate people are but must be based on principles that year-old will see his or her benefits re- forced to work for wages as low as 20 are fair to American workers. The U.S. duced by 10 percent if the privatization cents an hour. Anyone who went Congress can no longer allow corporate plan is implemented. The average 18- Christmas shopping this year knows America to sell out the middle class year-old can expect a 33 percent, and that more and more products on the and move our economy abroad. by some estimates a 40 percent, reduc- shelves are made in China: toys, bicy- It is not acceptable that Jeff Immelt tion in benefits by the time they retire cles, computers, televisions, shoes and of General Electric, the CEO, says, in 2052 with this risky privatization sneakers, all kind of clothing and hats, ‘‘When I am talking to GE managers, I plan. The average 28-year-old will see telephone, furniture, auto parts and talk China, China, China, China, his or her benefits reduced by 26 per- even artificial Christmas decorations. China.’’ cent. Ironically, the little American flags It is not acceptable that Thomas As a member of our Nation’s younger that Members of Congress wave around Donahue, the CEO of the U.S. Chamber generation of workers, I know we can are often made in China. of Commerce ‘‘urges’’ American com- do better, and I know that my genera- In the last 4 years, the United States panies to send jobs overseas. tion and younger generations will not has lost 2.7 million manufacturing jobs, It is not acceptable that Bill Gates, be duped into believing that Social Se- over 16 percent, of our entire manufac- the wealthiest man in America, tells us curity faces a crisis, especially as the turing sector. In my own small State of that Communist authoritarian China details of privatization plans and the Vermont, we have lost 20 percent of our has created ‘‘a brand new form of cap- structuring of proposed private ac- manufacturing jobs during that period. italism, and as a consumer it’s the best counts are made clearer. PNTR with China and our disastrous thing that ever happened.’’ Rather than slashing the benefits of trade policies in general are one of the We need to repeal PNTR to China. those who are at the beginning of their key reasons for that, but we should be f careers, we should empower them to very aware that PNTR with China is take control of their retirement secu- not only leading to the destruction of SOCIAL SECURITY rity in order to enhance private sav- traditional manufacturing and blue The SPEAKER pro tempore. Under a ings and give them the tools to manage collar jobs. It is leading to the loss of previous order of the House, the gentle- their financial futures with confidence millions of high-tech, information woman from South Dakota (Ms. and certainty. Rather than add tril- technology jobs as well. These are the HERSETH) is recognized for 5 minutes. lions to a growing national debt, a debt

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H498 CONGRESSIONAL RECORD — HOUSE February 9, 2005 increasingly owned by foreign coun- people. He wants Americans to believe President Bush has blatantly manipu- tries, we should act in a way that is fis- that private accounts are a great deal lated the facts and made false asser- cally responsible. And at a time when and a good deal for those under age 55. tions, all in the hope of convincing Af- it is harder to qualify for pension bene- But the President is wrong. Privatizing rican Americans that this is a good fits, Congress should undertake mean- Social Security not only does not help; deal for us. The claim that black peo- ingful pension reform rather than con- it is a hindrance to the financial secu- ple get a bad deal from Social Security tinuing to weaken the three-legged rity of young people for several rea- because of a shorter life expectancy is stool of a solid and well-rounded retire- sons. wrong. ment plan. First of all, these private accounts Mr. Bush’s use of this false argument Mr. Speaker, Congress needs to take will not be monies handed to young is doubly shameful. I do believe he is the long-term difficulties facing Social people to invest as they see fit. Plans getting some bad advice on this, be- Security seriously, but we must be fair will be chosen for the young people, cause I know the President, and I know and comprehensive about our solu- and these plans will be complex, com- that he is a decent person. But inad- tions. It is irresponsible to characterize plicated; they will have certain restric- vertently, when he makes the claim Social Security’s fiscal situation as tions and limits, and then there is that that Social Security is bad for black one of imminent collapse. In order to troublesome annuity requirement. people because they die younger, he is make good decisions about the future All I say to young people across exploiting the high black youth mor- of the program, we must engage in an America today is to look at this privat- tality rate to promote this privatiza- honest debate about the longer-term ization and examine it very, very care- tion plan instead of trying to remove problems facing Social Security, and fully. I want young people to do some- the deep inequities that remain and that includes a real and accurate ac- thing else. I hope that most young that black people face in our society. counting of the cost of privatization as Americans will think about how their The black population’s low life ex- we debate the budget over the upcom- lives will change if their parents do not pectancy is largely due to high death ing months. have Social Security on which to rely. rates in childhood and young adult- The data on the proposals to pri- In fact, without Social Security, their hood, before we even get started. The vatize Social Security show that pri- parents will likely have to rely on childhood infancy mortality rate vate accounts do little to improve the them for a portion of their income. And among black people is three times the financial health of the program. In- caring for aging parents is difficult national rate. We are there before we deed, the massive transition cost, an enough for adult children without the even get started. estimated $1.4 trillion over the first 10 added burden of having to replace in- So when the President makes this years and another $3.5 trillion over the come from promised Social Security kind of statement, it is sort of like cut- following decade, will hasten the date benefits, which will be lost due to the ting the legs out from under a man and of Social Security’s insolvency. President’s privatization plan. then condemning him for being a crip- Importantly, even without changes, As a senior Bush administration offi- ple. We know that when African Amer- without any changes, Social Security cial admitted last week, ‘‘Private per- ican men make it to 65, they collect will be able to pay full benefits for sonal accounts will do absolutely noth- the same amount of benefits and they nearly 40 years, according to the more ing to fix Social Security’s fiscal prob- live 14 or 15 years additionally, almost conservative estimates of Social Secu- lems.’’ up to the 16 years of white Americans. rity’s own actuaries. After that, Social The President claims he will not cut In conclusion, I would just like to Security will continue to pay 75 to 85 benefits for current retirees to fund his say that Social Security is a good pro- percent of scheduled benefits. So, proposal. He claims he will not raise gram for all Americans. The Presi- clearly, younger workers and future payroll taxes. Well, the only thing left dent’s proposal to privatize the pro- generations are not going to be inher- is to borrow the money, thereby in- gram is not. Social Security gives peo- iting a Social Security System that is creasing the deficit, a deficit that will ple with lower earning a greater return bankrupt. have to be paid, of course, you guessed on what they paid. I just want to say to I share the concern of many inde- it, by younger workers, the very group the American people to look very care- pendent commentators that efforts to that the President is saying he is try- fully and let us stand up for what is fix Social Security through privatiza- ing to help. right; let us stand up for what is good tion will ultimately do more harm Another sad misrepresentation of the about America. And what is right and than good. What we need is a broader President’s plan is his insistence that what is good for America is to debate about real retirement security. young people will be able to invest strengthen Social Security, not weak- If we approach that debate with an their money as they see fit. In reality, en it. And these private accounts will open mind and the resolve to strength- the plan will only allow workers a weaken it. en Social Security as well as enhance choice from among a handful of invest- f opportunities for private savings, we ment options, not the entire stock JOINT BAPTIST BOARD MEETING can ensure that generations of Ameri- market, and not as you see fit. If young POINTS OF AGREED ACTION cans can look forward to spending the people believe they will have the abil- best years of their lives without wor- ity to invest their payroll taxes in any The SPEAKER pro tempore. Under a rying about how to pay for their basic stock or mutual fund they choose, they previous order of the House, the gentle- needs. Americans of all ages deserve are wrong. woman from California (Ms. WATSON) is nothing less. Once again, this plan is not what it recognized for 5 minutes. f seems, and I hope the young people will Ms. WATSON. Mr. Speaker, I think realize the problems inherent in the at the beginning of Negro History SOCIAL SECURITY privatization of Social Security. Look Month it is important to report on the The SPEAKER pro tempore (Mr. for yourself. This may be a Trojan Joint Baptist Board Meeting that was BARRETT of South Carolina). Under a horse. held January 24 to 27, 2005, where they previous order of the House, the gen- Now, I want to say that I like Presi- jointly, through their presidents, af- tleman from Georgia (Mr. SCOTT) is dent Bush personally. I have been one firmed the following points of agreed recognized for 5 minutes. of those few Democrats who have action that stem from the forum ses- Mr. SCOTT of Georgia. Mr. Speaker, worked with the President on many of sions presented during that meeting. I want to spend just a few minutes his proposals. But I have been recently They said: we call for an end to the talking about these private accounts disturbed when President Bush said war in Iraq and withdrawal of U.S. and emphasizing two groups, young that since black men die sooner than military personnel. The war in Iraq, de- people and African Americans. whites, Social Security is a bad deal scribed by the Department of Defense I want to state first out that Presi- for them and private accounts is a bet- as Operation Iraqi Freedom, is a costly dent Bush insists that he is under- ter deal. and unnecessary military action begun taking this drastic dismantling of So- Well, I agree with Columnist Paul on grossly inaccurate, misconstrued, or cial Security for the good of our young Krugman, who noticed recently that distorted intelligence against a nation

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H499 that did not pose an immediate or real- Forces, disregard for national security, have 5 legislative days within which to istic threat to the national security of or lack of resolve concerning freedom revise and extend their remarks on the our Nation. No weapons of mass de- and democracy. Rather, we are con- subject of my Special Order. struction have been discovered in Iraq, cerned about our troops and our mili- The SPEAKER pro tempore. Is there despite intense efforts to locate them. tary families whose loved ones have objection to the request of the gen- The brutal regime of Saddam Hussein been ordered to fight and stay in a war tleman from Florida? and its terror on Iraqi society has been that our leaders refuse to even send There was no objection. replaced by the brutality and chaos of their own children and the children of Mr. SHAW. Mr. Speaker, President an ongoing war, which has ravaged the the wealthy into. Bush has made it clear that the time land, ransacked cherished aspects of Mr. Speaker, I implore the President has come for an honest, straight- Iraqi history and culture, and threat- to bring our troops home now. forward, realistic discussion about the ened the prospect of what even U.S. in- As religious leaders whose constituents future of our precious Social Security telligence analysts fear could be a civil have family members in the U.S. armed forces system. For today’s generation of sen- war. serving in Iraq and elsewhere around the ior citizens, the system is strong and More than 1,400 U.S. military per- world, we pray for the security of our nation fiscally sound, but younger workers are sonnel have lost their lives, and more and the safety of our military personnel. We concerned about whether Social Secu- than 10,000 have been wounded in Oper- weep with families who mourn the deaths of rity will be around for them when they ation Iraqi Freedom. Over 5,000 of the their loved ones and we share the anxiety of need it. The problem is simple. With an aging wounded casualties have been severe families concerning the well-being of those population and a steadily falling ratio enough to prevent return to action. who press on in service. Our call that our na- of workers to retirees, the system is on Quoting from a front page story in the tion end its military involvement in Iraq does a course to eventual bankruptcy. Here January 26, 2005 issue of U.S. Today, it not rise from lace of support for our armed is the problem, and this is best dem- says: ‘‘The Baptists look upon the sor- forces, disregard for national security, or lack onstrated on the graph next to me. row, suffering, and financial cost of the of resolve concerning freedom and democ- Social Security was designed in 1935 war in Iraq and remember the words of racy. Rather, we are concerned about our for a different world than the one we Martin Luther King, Jr., a black Bap- troops and our military families whose loved live in today. It is a pay-as-you-go sys- tist preacher who challenged the mili- ones have been ordered to fight and stay in a tem in which the benefits go to current tary engagement in Vietnam more war that our leaders refuse to even send their retirees and they come directly from than two generations ago. own children and the children of wealthy fami- the payroll taxes of current workers. King’s call that we admit the wicked lies to fight. Again, we quote Dr. King’s words: When the program was still new in the and tragic folly about our self-right- I am as deeply concerned about our troops 1940s, there were 41 workers paying in eous choice for war rather than peace there [Vietnam] as anything else. For it oc- for every retiree drawing benefits. By and nonviolent change reminds us that curs to me that what we are submitting them to in Vietnam is not simply the brutal- 1950, 16 workers paid in for every per- preference for war always reflects the son drawing out. Today it is about wrong values. Unnecessary and unjust izing process that goes on in any war where armies face each other and seek to destroy. three workers for every beneficiary. war does not produce genuine peace, We are adding cynicism to the process of And by the time our youngest workers only death, suffering, more violence death, for they must know after a short pe- turn 65, the ratio will be down to two and more hate. riod there that none of the things we claim workers for each beneficiary. What King said in 1967 when he began to be fighting for are really involved. Before At present, Social Security operates his public outcry against the war in long they must know that their government with a substantial cash surplus. In just Vietnam is still true today. ‘‘A true,’’ has sent them into a struggle among Viet- a few years, when the baby boomers re- to quote him, ‘‘revolution of values namese, and the more sophisticated surely tire and begin collecting benefits, the will lay hands on the world order and realize that we are on the side of the wealthy and the secure while we create a hell for the surplus will begin to decline. Then, in say of war: ’This business of settling poor. 2018, that is just 13 years away, Social differences is not just.’ This business of Security will begin paying out more The war in Iraq is not only creating a hell for filling our Nation’s homes with or- than it receives in payroll taxes. From the poor in Iraq. The grief and suffering it has phans and widows, of injecting poi- then on the shortfalls will grow larger wrought have been disproportionately forced sonous drugs of hate into the veins of and larger every year until 2042 when onto the lives of poor and struggling families people normally humane, of sending the Social Security trustees estimate in our nation. These families, far more than men home from dark and bloody bat- the system will reach fiscal collapse. tlefields physically handicapped and those who are wealthy, send their loved ones If we look at this chart, we can see psychologically deranged, cannot be to serve as members of the active force or as we are here in a surplus situation, but reconciled with wisdom, justice, love reservists and members of the National then we get to 2018 and we start to dip or an election. Guard. It is not just or patriotic for our leaders down. We still have Treasury bills, and to thrust the sons and daughters of low in- Congress is going to have to find the b 1845 come families into unnecessary military en- money to pay benefits. That line con- ‘‘A Nation that continues year after gagements. tinues to go down with ever-increasing year to spend more money on military f deficits for the next 75 years and be- defense than on programs of social up- The SPEAKER pro tempore. (Mr. yond. lift is approaching spiritual death. BARRETT of South Carolina). Under a I want Members to notice the slope of There is nothing except a tragic death previous order of the House, the gen- this line. The further out, the more wish to prevent us from reordering our tleman from Texas (Mr. CUELLAR) is steep it gets, going down. And look at priorities so that the pursuit of peace recognized for 5 minutes. the figure, that is a $26 trillion deficit will take precedence over the pursuit (Mr. CUELLAR addressed the House. in cash flow over the next 75 years. of war.’’ His remarks will appear hereafter in That is unacceptable. At that point, As religious leaders whose constitu- the Extensions of Remarks.) with a projected shortfall in trillions of ents have family members in the U.S. f dollars, the government will have no Armed Forces serving in Iraq and else- option other than to suddenly and dra- SOCIAL SECURITY REFORM where around the world, we pray for matically reduce benefit payments by the security of our Nation and the safe- The SPEAKER pro tempore. Under over 25 percent or to impose a massive ty of our military personnel. We weep the Speaker’s announced policy of Jan- economic, devastating tax increase on with families who mourn the deaths of uary 4, 2005, the gentleman from Flor- all Americans. And I am not talking their loved ones, and we share the anx- ida (Mr. SHAW) is recognized for 60 min- about 2075, I am talking about right in iety of families concerning the well- utes as the designee of the majority here. Within 13 years from now, that being of those who press on in service. leader. decision is going to have to be made by Our call that our Nation end its mili- GENERAL LEAVE a future Congress. tary involvement in Iraq does not rise Mr. SHAW. Mr. Speaker, I ask unani- The longer we wait to address the from a lack of support for our Armed mous consent that all Members may coming crisis, the more difficult and

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H500 CONGRESSIONAL RECORD — HOUSE February 9, 2005 expensive the job will be down the line. We are confident, however, that mil- we grow older. It is one that we know So together, in this Congress, under lions of Americans will find this option our parents enjoyed and our kids will the President’s leadership, we will save attractive. I cannot imagine any young enjoy, and we want it for our grand- Social Security and we will put it on a person not taking this option. children also. There is no excuse for path to permanent solvency and sta- Another argument against Social Se- our not getting together and working bility. curity reform with a voluntary per- together. It is more important to save To build a strong, workable, bipar- sonal account is that the so-called Social Security for future generations tisan reform, we must have principles transition costs will be too high. There than worry about who is going to be that will guide the effort. First, there will be costs no matter what we decide. the next Speaker of the House of Rep- must be no changes in Social Security Social Security’s trustees report that resentatives in 2006. It is disgraceful to for those now receiving benefits or each year we wait will add roughly $600 do otherwise. those who are close to retirement. To- billion to the cost of fixing Social Se- Mr. Speaker, at this time I yield to day’s seniors can be certain nobody is curity for good. That cost is far in ex- the gentleman from Mississippi (Mr. going to touch their Social Security, cess of any of the so-called transition WICKER). nobody is going to take away the bene- costs that have been projected for any Mr. WICKER. Mr. Speaker, I want to fits of today’s retirees and the program of the plans put forward by Members of congratulate the gentleman for his reas they know it; it will stay the same Congress. marks. We can save the Social Secu- for them. I would say here that we should also rity system and also we can get a bet- Second, we must not increase the look at the cost of inaction, the cost of ter deal for our young workers in re- payroll taxes on the backs of American doing nothing: A $26 trillion deficit tirement. workers. If we were to increase taxes over the next 75 years. What kind of a Let me make one quick point and see this year to fix Social Security, a fam- legacy is that to leave to our children if I have it right. There are actually ily of four with an income of $40,000 a and grandchildren? three aspects to the Social Security year would see $1,400 disappear from We will need bipartisan commitment system. One is Social Security dis- their paycheck. We cannot tax our way in the months ahead, yet we should not ability, another is the survivorship out of this problem. This is no longer expect the work to be easy. Some have program, and the other is the old age an alternative. used this issue for political gains, but Our third principle is to permit retirement program. we should all understand that it is dis- younger workers to have voluntary I think what most of us are saying is, graceful to play politics with our chil- personal accounts. Regular investment we can save the retirement program dren’s future. would be made in bonds or stock, or a through these individual accounts, but Let us look back a few years to the combination, throughout their careers, we do not have to do one single change previous administration where we see and then either use these investments to disability. People do not have to that President Clinton said at the to meet expenses in retirement or worry about losing their disability and State of the Union address on January leave them as an inheritance to their they do not have to worry about the 21, 1998, ‘‘We will hold a White House children or grandchildren. survivorship. So if people raise that red Social Security’s future is more than conference on Social Security in De- herring, that is exactly what it is: It is a problem to be solved. It is also a tre- cember, and 1 year from now I will con- a false charge. Nothing will be done to mendous opportunity for all of our citi- vene the leaders of Congress to craft disability and nothing will be done to zens to become owners and investors. historic bipartisan legislation to survivorship; is that correct? Many low-income workers who have achieve a landmark for our generation, Mr. SHAW. The gentleman from Mis- nothing to spare after taxes would have a Social Security system that is strong sissippi (Mr. WICKER) is absolutely cor- a chance to begin saving for their later in the 21st century.’’ rect and understands it perfectly. years. Personal accounts give Ameri- I went to that conference and we Mr. WICKER. Mr. Speaker, I just cans a retirement fund they control started to gather bipartisan support, want our constituents to understand themselves and can call their own. Ev- but let us see what the Democrats said that, and I want the Members of this eryone deserves a chance to live the after that conference. HILLARY CLIN- body to understand that. I thank the American dream, to build up savings TON, ‘‘One of the most critical chal- gentleman for his leadership on this and wealth, and to have a nest egg for lenges of our time is preserving and issue. retirement that no one can ever take strengthening Social Security for fu- We are not going to do anything to away from them, not even the govern- ture generations.’’ First Lady CLINTON Social Security disability and survi- ment. said this at a White House event on So- vorship, but we do need to give our Young workers who elect personal cial Security on February 17, 1999. younger workers an opportunity not accounts can expect to receive a far And then Senator KENNEDY said on only to save the system for their fu- higher rate of return on their money ABC This Week on July 11, 1999, ‘‘The ture, but to get a better deal than the than the current system can ever af- President has it right, and it is a posi- one-half percent return or 1 percent re- ford to pay them. For example, if a 25- tion that I think virtually all of the turn that they are getting now. Democrats support in the Senate, pro- year-old invested $1,000 per year for 40 b 1900 years in Social Security’s 2 percent tect Social Security.’’ I might say also rate of return, in 40 years she would this was partly made up of individual We can do better; and if we can, we have over $61,000. But if she invested accounts, personal accounts that Presi- certainly ought to for retirees now and the money in the stock market earning dent Clinton championed. also for future generations. And I even at its lowest historic rate of re- But the one I like perhaps the best, thank the gentleman for yielding to turn, she would earn more than double the Senate minority leader when he me. that amount, $160,000. If the individual said on Fox News Sunday on February Mr. SHAW. Mr. Speaker, I say to the earned the average historical stock 14, 1999, ‘‘Most of us have no problem gentleman that he is absolutely right market rate of return, she would have with taking a small amount of the So- on target. It is not a question of can; it more than $225,000 or nearly 4 times the cial Security proceeds and putting it is a question of must. We must do this. amount to be extracted from Social Se- into the private sector.’’ And I would say from a very bipartisan curity. This is what the leaders said then. way that if any of our colleagues on Over time, the securities markets are What has happened now? Now we find the other side of the aisle, the minority the best, safest way to build substan- that we have leadership that has dug in party, if they have an idea that they tial personal savings, and this is with and is prohibiting their Members to want to discuss, bring it over. I will be widespread investments, not putting even cooperate across the aisle, cooper- glad to talk. I have chaired this Sub- your money in one stock. These are ate with Republicans, in saving this committee on Social Security for 6 wide investments and it is done profes- most important part of our govern- years. I am no longer the Chair. The sionally through investment houses. ment. gentleman from Louisiana (Mr. Having your own account for Social Social Security is a sacred trust, MCCRERY) is now the Chair; the gen- Security is purely a voluntary option. something that we all can rely on as tleman from California (Mr. THOMAS)

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H501 the Chair of the full committee. They generation. Once and for all, meaning years old, they are a baby boomer like are looking for ideas, and they are not another Band-Aid, because we have me. If they could go back, way back leaving the doors open for new ideas. gone through this exercise before. We when and put all of that money that So the Democrats cannot complain have raised payroll taxes. We have has gone from their paycheck in a tra- about being left out in the cold on this raised the age, and then in another 20 ditional retirement account and let it because we are soliciting their support. or 30 years we are right back where we grow over the years, would they be bet- We are reaching out to them, and we started. Let us solve it once and for all. ter off today than they were under So- want them to come down and come Secondly, let us solve it for every gen- cial Security? And invariably they down with some good ideas. Not just eration. We know that seniors above 55 would say, I would give anything to come down and start throwing rocks at are in very great shape with this. But have that money back. Then I ask, if us. Come down with something posi- the baby boomers, we know there is Social Security could have put that tive. not enough funding for them. And the money into real accounts, real dollars One cannot possibly debate these fis- young people today, I just do not see into real accounts, and let it grow over cal facts. This is what we are heading how we take money from their pay- the years, would Social Security be for. And these are not Republican fig- check, a promise to have it ready for better off today than the financial ures that we are looking at. This has them when they retire and we know for mess it is in? And invariably they an- been done by the Social Security Ad- certain we cannot deliver on that swer the same way, yes. ministration, and we had the same promise. Why not start now to build the same graph when President Clinton was And one thing we will hear in this de- type of security? We know the right President. So this is not a Republican- bate is we will hear lots of people talk- thing to do is to move from this pay- created bankruptcy or crisis. This is an ing about we are dismantling Social as-you-go system that will just run out actual crisis that is out there just be- Security, we are making huge benefit of workers eventually and actually cause we are not having as many kids cuts, there is a guaranteed risk to per- much sooner than we all wish, to move as we used to have and we are living sonal accounts within Social Security. it to traditional retirement accounts longer. But what those same Members of Con- within Social Security so that young There are a lot of good things to say gress will not tell people is that they people have real dollars in real ac- about that, but when one starts talking have their own retirement invested in counts so that they can rely upon their about somebody to care for them in personal accounts just like the one the Social Security. It is, I think, irrespon- their old age, that is not a good deal. President has proposed. In fact, Mem- sible by some to scare our seniors. It is So we need to start forward-funding bers of Congress, our staffs and our fel- irresponsible to ignore this huge crisis. the system. We need to go to areas low co-workers invest $15 billion every I call it a crisis because it gets so big where we can actually make more than year, new dollars, into personal ac- so fast. We have got to move now. It we would under the existing system. counts. They are invested and grow costs us $600 billion a year every year Mr. Speaker, I yield to the gentleman over time just like the accounts we we delay, $600 billion. The more we from Texas (Mr. BRADY), a very valu- offer and propose for Social Security. talk, it costs taxpayers. Why not, after able member of the Committee on And people back home always ask me, decades of gabbing about this, let us Ways and Means. How come these personal accounts are come together and solve it? And I Mr. BRADY of Texas. Mr. Speaker, I thank the chairman for yielding to me. safe and secure for members of think too we have to be responsible for First, let me join others in thanking Congress’s families but all of a sudden our seniors as well, focusing on their him for his leadership on the Com- they are a guaranteed gamble for us? health care, making sure that they mittee on Ways and Means as chairman How come it is good enough for your have their Social Security guaranteed for 6 years on the Subcommittee on So- families, but not good enough for peo- with real cost-of-living increases. That cial Security, a resident and leader in ple who pay your salary? is what the President’s proposal does. It is a great question, and my Florida, which has a number of Amer- And, Mr. Speaker, there are so many thought is those who claim that per- ica’s seniors who care so much about great ideas out there that have been this issue. sonal accounts are such a guaranteed proposed by Republican Members. I Back in Texas I know that every sen- gamble perhaps ought to lead by exam- would give anything if any of our ior I visited with in the Eighth Con- ple and withdraw from the Thrift Sav- Democratic friends who care about So- gressional District is worried about ings Plan and see what happens. My cial Security would just come up with two things: their health care costs and guess is they will tell us wait a minute, a plan. Just an idea. Just anything. their Social Security. Prescription that is how I am going to build my nest I read this week that they said drugs, the new technologies are doing egg. My question is why do we not Democrats will offer no Social Secu- just a wonderful job of creating a great allow other Americans, the ones who rity reform, which is one of the most quality of life, but it is so expensive. pay our salaries each day, to build important issues facing our Nation and They are worried about getting generic their own nest egg as well? our future generations. They have got drugs to the market faster so they do What we are offering for seniors is to good ideas, bring them forward. Let us not have to pay so much for these pills. preserve it, but for young people we are talk about it. Let us work out a solu- They want more preventative services offering them a choice. For the first tion in a bipartisan way. Let us think under Medicare so they can detect that time in their lives, they are going to beyond the next election. Think about illness early and get treatment, pre- get a choice in Social Security, real the next generation. I am convinced vent it rather than having it occur to dollars in a real account or an IOU in and optimistic and hopeful we can fix them. And they want to make sure some imaginary government ledger. that. they can see doctors they know. All Real dollars in a real account that Mr. SHAW. Mr. Speaker, reclaiming important issues on health care. build up over time that is theirs, for my time, it is really sad to say that we And they also want to make sure So- their retirement, and when they get to only have one Democrat in the House cial Security is there for them, for 65 they are not begging government for today that had the courage to come their children and for their grand- help in Social Security, they are not forward and defy his leadership. And I children, with greater cost-of-living in- calling on their Congressman. They are might say that that particular Mem- creases, that it is something that they calling on their financial adviser be- ber, who is from the State of Florida, can count on. cause they built up a nest egg that be- now has had a campaign run against And for our seniors the great news is longs to them and they have got that him in his position in his district by a they are golden under Social Security. power. Democrat pack. To me that is abso- Virtually nothing that can even be And the fact of the matter is that lutely unconscionable. contemplated will change for Social back home in Texas, I always ask two And I am glad the gentleman held Security seniors, and that is the great simple questions of the people I work those dollars up. I heard a town hall news. with because they really have great meeting on C–SPAN just recently by But our goal has to be to preserve So- questions on Social Security. And I ask one of the Members, and he kept refer- cial Security once and for all for every them, personally, they are 50, or 60 ring to cash in the trust fund. That is

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H502 CONGRESSIONAL RECORD — HOUSE February 9, 2005 a myth. There is no cash in the trust from the start, but we want all the people to get the work done back then. fund. The trust fund is made up of ideas on the table because this is not My dad and mother both were members Treasury bills, and we are going to be about Republican or Democrat; it is of farm families. They had eight chil- in a position where we are going to not about re-election. It is about the dren in each family, and somehow it have to start cashing those in in 2018. next generation, and we need to pro- took all eight of them just to keep the And he talks about the cash, the Con- tect and preserve Social Security for family going back then. gress is going to have to find the cash everybody. Today, we get a whole lot more done in order to pay the benefits. So I certainly appreciate what the with fewer people, but again the facts Mr. BRADY of Texas. Mr. Speaker, if gentleman from Florida (Mr. SHAW) are today we have got about three peo- the gentleman would continue to yield, does, and I appreciate his yielding to ple paying for one beneficiary. could I go back to what he said. Did he me so I could make a point. And I Now we move on to when I and my say there is a Democrat Member of know the gentleman from Colorado wife are going to be retired, and my Congress being attacked for being open (Mr. BEAUPREZ), who has a great finan- kids are going to have a little bit of to working with the President? cial mind, has some things to say; so I role reversal here. My kids are going to Mr. SHAW. Yes, as sad as that is. do not want to take up any more time. be paying the benefits of us. And by the There are some bright people on the Mr. SHAW. Mr. Speaker, reclaiming actuaries’ own calculations, there will other side of the aisle that could really my time, I appreciate the gentleman’s be but two to provide what at one point comments. And I know his family well help us get this thing done. When I did in time, not too many years ago, 42 and his kids, and we are going to be welfare reform back in 1996, we finally were doing. That is the challenge in working to help them together with got some help from the other side and front of us. mine. And, by the way, I now have 14 President Clinton signed the bill. And We get a whole lot more done with a that was one of the greatest pieces of grandkids and another one on the way. So the gentleman can see I am going to whole lot fewer people it seems in the social legislation that has come out of United States of America now, but the the Congress, I think, in the last cou- be working overtime. Mr. Speaker, I yield to the gentleman simple arithmetic is not our words; we ple of decades. It was late coming, but did not invent it. It is an it came and we were able to do that. from Colorado (Mr. BEAUPREZ), a new member of the Committee on Ways and unsustainable. It is an unsustainable But in order to have the confidence of system as it currently exists. the American people, this has to be Means. Mr. BEAUPREZ. Mr. Speaker, I We Republicans were not the first done in a bipartisan way. ones to stumble over the problem. As Mr. BRADY of Texas. Mr. Speaker, if thank the gentleman for yielding to the gentleman from Florida (Mr. SHAW) the gentleman will continue to yield, I me. And I thank him as well for bring- has already pointed out, we have had a will tell the Members one thing the ing this issue to the floor tonight. My whole lot of support. President Clinton chairman has always said is that this suspicion is that there will be many certainly said it. In fact, we have heard is not Republican Social Security, this evenings and many days that we spend that FDR himself, the father of the So- is not Democrat Social Security, this in this 109th Congress talking about this extremely important issue, and I cial Security system, cited back then, is not white or black or any other eth- think he framed the issue very well. This is but supplemental; this is but a nicity Social Security. This is Social This is in many ways, I think, a clas- beginning, and you are actually going Security for Americans, period. We sic case of good news. We have got this to have to come up with another meth- ought to come together as Americans chart up here again representing a lit- od. And he said, We are going to need in Congress on this issue and solve tle bit of the challenge in front of us. something like an annuity to provide that. My parents were young workers at the additional benefits that are there Mr. SHAW. Mr. Speaker, I thank the about this point in time, 1945. I was some day. Well, that some day has fi- gentleman for his contribution. born in 1948. They are a part of these 42 Mr. Speaker, I yield to the gentleman nally arrived. that were working back in 1945 to pro- from Georgia (Mr. KINGSTON). Senator HARRY REID, he understood vide the benefits for one retiree. One Mr. KINGSTON. Mr. Speaker, I it. As the gentleman from Florida (Mr. might call that one of their parents at thank the chairman for yielding to me. SHAW) already pointed out there is an- the time. So this population of work- It is a great honor to be here with so other gentleman, a notable gentleman ers, my parents, were out there doing many distinguished members of the in this Chamber, a notable Democrat, their thing day after day to provide the Committee on Ways and Means. And I the gentleman from New York (Mr. benefits for one retiree. Now today, wanted to follow up on the gentleman RANGEL), ranking Democrat, most sen- which is where we are at now, it is kind from Texas’s (Mr. BRADY) comments ior Democrat on our Committee on of my generation, except we can see because I think it is important for us Ways and Means, the committee the group gets a little smaller. There is to know that President Clinton actu- charged with dealing with this issue but three of us working for the benefits ally did say many times over that So- first and foremost. of one. My mother is one of those, and cial Security was in a crisis stage and The gentleman from New York (Mr. she depends on that paycheck every we needed to do something about it. RANGEL) on January 21, 1999, said, I am single month coming from Social Secu- Similarly, the gentleman from Texas’s one Democrat that truly believes that rity, her benefits, and they are guaran- (Mr. BRADY) former colleague, Mr. the Democrats will not benefit by teed. doing nothing on Social Security. Stenholm, co-sponsored a bill with the And that is a point that I think we Ladies and gentlemen, Mr. Speaker, gentleman from Arizona (Mr. KOLBE) cannot make often enough. The full doing nothing is exactly what the and, as I understand it now, will be faith and credit of the United States of Democrats are today telling us they working now that he is not in Con- America, both parties, Presidents from want to do. They have said no to every- gress, but he is a Democrat taking a each party over the years have pledged thing, no to every idea that is out leadership position, which we certainly that those benefits are there, and they there. No, no, no. No even to the fact of appreciate, and then of course we had are there. former Senator Breaux from Louisiana, life that there is a problem. They seem Democrat, and former Senator, now de- b 1915 to deny the fact that there is a chal- ceased, Moynihan, who have all cham- There has been this rhetoric going lenge in front of us. So their answer is pioned Social Security reform and real- around that somehow somebody has no. ly have basically supported many of got a devious plot to cut benefits. That What has changed between the com- the ideas that the President and the is simply not true. The United States ment of the gentleman from New York gentleman has promoted. has made a promise to our retirees, to (Mr. RANGEL) in January of 1999, and So I think it is very important for us our senior citizens, those that worked Senator HARRY REID’s comment, Feb- to tell our friends on the other side we hard for the benefits of others, and ruary of 1999? I will tell you what has want their ideas. We may not agree those benefits will be there. changed. Back then a Democrat Presi- with absolutely everything. We might So we start out again with my par- dent, Bill Clinton was President of the not agree with some of these things ents’ generation. It took a whole lot of United States, and he was talking

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H503 about the need to reform Social Secu- enlightening presentation he made pre- affect those the way it is proposed, it rity. Today, George W. Bush, a Repub- viously. would not even affect those over 55 at lican, is President, and it seems that I came across some information that all, but it would just allow some young anything that George W. Bush is for, had been talked about in a local news- people to put some of their own money they are suddenly against, even if it paper, The Examiner, a new paper, and in their own retirement account, that happens to be the blatantly obvious, did some digging. And it is indeed my that would dry up capital and hurt the what their own party has been saying pleasure in a bipartisan spirit to call economy. needs to be done for years and years attention to statements made or en- But, Mr. Speaker, that argument and years. dorsed by certain Senators, including flies in the face of the facts. If young Let me shift gears just slightly in the some prominent Democratic Senators people start investing some of their time that I have got remaining. You who, in 2001, found that Social Security money in a personalized Social Secu- know what this really ought to be simply was not as efficient as a system rity savings account, and that is not about? It ought to be about facts, yes. that allowed workers to invest their happening right now, then what it does It ought to be about the truth, yes. But own retirement funds in a personalized is it creates capital to help the econ- it should also be about generational retirement account. omy. There will be savings that are fairness. Privatization is not a good idea; we there as capital that will help the econ- Let me go back to this chart one last are not for that. However, allowing omy and drive it, as the President’s tax time. This generation made a promise young workers to personalize their re- cut has been doing the last couple of and they delivered. Social Security was tirement by taking a part of their re- years. there and the benefits existed and were tirement funds and placing them in a Young people overall are not saving paid. That same situation exists today, personal Social Security savings ac- right now. But if they begin now, by but as the gentleman from Florida (Mr. count that the individual actually their very act of saving, they will cre- SHAW) very clearly pointed out, we owns is a good idea. And we are open to ate capital and help the economy. have got a big challenge in front of us discussion on that. I am proud to be a There are some very important prin- because the dynamics represented by part of looking at that. Such accounts ciples. First of all, Social Security is in the reduction in the number of workers currently are in place for State and trouble. Second, every day we delay, to provide the revenue to pay for the local retirees, and they are performing the naysayers are denying young peo- benefits, that challenge is getting ever at least 200 to 300 percent higher than ple the compound interest on a con- greater. I do not know if it is 2042 or Social Security. servative investment that they could What a great thing, to provide indi- 2043, but somewhere in and around be making if the opposing Democrats viduals with a decent retirement while there, we have a huge problem. would get out of the way, would come I do not want to look at my kids, my preserving Social Security for those together with us, let us reason to- four children back home, nor my that are on it and for those that are gether, come up with a good plan, save grandson, and say, The moment was in over 55 years of age. Such an account Social Security and yet plan for future could actually be owned by the worker front of us in the 109th Congress; we generations. and not by the government. The State had the support, the strength, the en- Do you think that conservative in- and local governments manage the ac- couragement, the power of the Presi- vestment could do much better? Well, counts and see that they are safely in- dent of the United States, and this there are a bunch of folks that did. In vested, all a vast benefit for their em- Congress failed to act. 2001, they signed a letter to that effect, ployees. I was under such a system in It is in front of us. And this Congress, sent out a press release to that effect. Texas as a judge and chief justice. Our Democrats and Republicans alike, Some real live examples we checked retirement account was through the should deal with this issue in a forth- on, got input from these systems. Gal- Texas Employee Retirement System. veston, Texas, has its own retirement right, straightforward fashion. There are those who say, Mr. Speak- There is another truth that my four system. If you work until age 65 with er, There is no crisis. You have heard children certainly understand. They an average income of approximately it; we have all heard it. But that is $35,000, then you will receive over $2,600 understand that all four of them are akin to somebody falling off a very tall per month. If you did the same thing paying with every one of their pay building and all the way down at each under the Texas Employee’s Retire- checks into Social Security to provide window he is heard to say, ‘‘I am doing ment System that I was under as a benefits for retirees today. They know all right so far.’’ Eventually there is judge, you would be getting nearly that in Social Security there is no line going to be a time of reckoning, and $2,700 a month. Using that same sce- item that has their name next to it. I that is exactly what we are looking at nario, but under Social Security, you think they deserve the right to have with Social Security. We want to avoid their money. Whose money is it? that now, while it can still be avoided. receive less than $1,300 per month. Mr. They understand it. It is their Most agree that in 2018 there will be Speaker, it is not hard for folks to fig- money. And it is their retirement that more money going out of Social Secu- ure out what would be a good system to we are sitting here, charged with deal- rity than there is coming in. Some say plan for the future. ing with. I think we ought to deal with that is still no big deal, because Social There is apparently a letter, a press it in a straightforward, truthful fash- Security has so much money in the release regarding that letter that was ion. Fix the problem, fix it for today’s lockbox. signed by a host of Senators regarding generation, but for all generations as Well, since 1935, when Social Security Social Security back in 2001. At that well. With that, I yield back to the was created and FDR’s Congress imme- time, there were some people that gentleman from Florida and thank him diately began spending that Social Se- wanted to make those workers that once again for bringing this critical curity money, what they put in the had State and local retirement systems issue to the floor of the House. lockbox was Federal bonds, which is pay into Social Security. These Sen- Mr. SHAW. Mr. Speaker, I thank the basically a government IOU. ators signed this letter in December of gentleman for a very enlightened pres- Mr. Speaker, I heard the gentleman 2001, and they were adamant that such entation. It certainly contributed very from Florida (Chairman SHAW) talking personalized accounts outside of Social much to sharing with our colleagues about that a moment ago. When the Security were a far better deal for the full extent of the problem and mak- outgo gets higher than the income, those workers. ing it personal in the way he did, be- then what they are going to rely on is Senators, and you may recognize cause that is the way it should be for not cash in the lockbox, it is IOUs that some of the names, Mr. Speaker, like every Member of this body. have been getting stuck in there ever JOHN KERRY, HARRY REID, EDWARD I now yield to the gentleman from since 1935. That is serious. It creates a KENNEDY, CHRIS DODD, JOE LIEBERMAN, Texas (Mr. GOHMERT), a freshman major problem looking at us right now, they indicated, according to the copy member. here in the face, and we need to deal of the release we obtained, ‘‘Millions of Mr. GOHMERT. Mr. Speaker, what a with it. our constituents will receive higher re- pleasure and privilege it is to share Some say that even though the pro- tirement benefits from their current this time with Chairman Shaw, and the posal will not affect seniors, will not public pensions than they would under

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H504 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Social Security.’’ Those Senators call We can do this. We can save Social is a promise. I believe that Social Se- those retirement funds outside Social Security for those that are on it and curity is not just a government-run Security ‘‘well-managed’’ and ‘‘well- for those that are paying into it, those program, or a government program; funded.’’ over 55, as the President is talking that it is more of a safety net. And it Additional evidence that such per- about, and for future generations and, is more than a safety net; it is a sol- sonalized accounts are a good idea is at the same time, create these great emn promise. It is a solemn promise by that AARP has its own mutual fund personalized Social Security savings the United States, by all of us, to gen- and encourages its members to join the accounts for young people so they can- erations of hard-working Americans. fund, even though its investments are not only survive during their senior Washington took money from your outside Social Security. Apparently years; they can thrive. It would be paycheck your entire life, and they they do not consider such a fund to be good for everyone except those wanting made a promise to return that money too risky. It would certainly seem that the government to keep people to you upon your retirement. It is a either such a fund is a good thing to in- enslaved to the Big Brother in Wash- promise. vest in, as AARP is telling some of its ington. The second principle is peace of members, or AARP is misleading its I applaud those Senators, including mind. Current retirees and those near- members and encouraging them to in- Senator KERRY, Senator KENNEDY, and ing retirement deserve peace of mind, vest in something outside Social Secu- Senator REID, among others, that knowing that they will receive full rity. If it is a good thing for AARP signed it for their courage and their vi- benefits for their entire retirement. members, how much better would such sion as it was back in December of 2001, There should be no change for those a personalized retirement fund be for when they knew and believed in a re- currently retired. They need that peace young people with plenty of time to tirement system like the President is of mind. build a future? proposing, that that would be the best Third, we have heard mention to- For years I have gotten e-mails say- thing for folks to invest in. night about generational fairness. It is ing Congress must be forced to live on Now, if their view has apparently imperative that we save and secure So- Social Security, and we needed to do flip-flopped since 2001, then, hopefully, cial Security so that our children and that. Well, I got elected and guess what we will not have to wait until the year our grandchildren receive the same I found out when I got here? We are on 2020 before their vision returns to being benefits we have enjoyed. Generational Social Security. We pay into Social Se- 20/20. fairness is imperative. curity. We are going to be part of the Mr. Speaker, I appreciate so much Another principle: it should not be Social Security system when we retire. the efforts of the gentleman from Flor- partisan. When it comes to the retire- So we are in it. The only addition is, ida (Mr. SHAW) on behalf of all of us, ment of tens of millions of Americans, we are allowed to invest some of our for senior citizens, to save Social Secu- there are not any Democrats and there income in retirement accounts, and rity, not just for everybody on it now, are not any Republicans; there are only some of us believe that others besides but for future generations. Americans. And those Americans, they Congressmen and certain State and Mr. SHAW. Mr. Speaker, I thank the are counting on us to work together local employees ought to have that gentleman for a most insightful com- and do what is right for the current same right. That is what we are talk- mentary and also the research that the generation now receiving benefits, for ing about. gentleman did, which I think is ter- I campaigned that we should fix So- the next generation who are paying ribly important, when we try to show cial Security, but do so without reduc- those benefits, and for future genera- that we do need and we can get and we ing benefits or adding taxes. Mr. tions who are now just entering the have got thinking on the other side of Speaker, I cannot tell you how pleased workforce. I was to come to Washington and find the aisle that we need to bring aboard. Finally, all Americans, we have to I am now proud to yield to a new that the President and so many others, remember here that it is your money, Member, the gentleman from Georgia Republicans here, all agree. that it is your future, and that it is (Mr. PRICE). your life. b 1930 Mr. PRICE of Georgia. Mr. Speaker, So it is a promise. We all deserve I also personally believe we really what a pleasure it is to join my col- peace of mind; there ought to be ought to eliminate that terribly abu- leagues who have spoken this evening generational fairness. It should not be sive tax that was added on to Social about this incredibly important topic. partisan, and it is your money. We all Security benefits that President Clin- The gentleman mentioned that I am a ought to agree on those principles. ton and the Democrat-controlled Con- physician. Mr. Speaker, we are all pris- Now, with these principles in place, gress piled on to the poor Social Secu- oners of our education and our train- what are the facts? What is that cor- rity receivers back in 1993. In fact, the ing; and as a medical doctor, I know rect diagnosis that I talked about ear- Republicans, and even some Democrats that you cannot treat the right disease lier? There are those who believe that back then, were so opposed to taxing unless you make the right diagnosis, Social Security is not broken and that that income on Social Security that and public policy should not be any dif- we can continue down this path with the Vice President of the United States ferent. We should not be making policy only a few minor adjustments. Now, at that time, Al Gore, had to come to here in Washington without a specific most of us who are interested in honest Capitol Hill, cast the tie-breaking vote, aim, and this is especially true for the solutions to the challenges before us do just to hammer our good seniors with big challenges that we have before us, not believe that. In fact, as we have that brutal tax. and Social Security is indeed one of heard tonight, even President Bill Clin- There have been so many inequities those. ton in an address in February of 1998 in Social Security. One woman re- Mr. Speaker, my colleague talked talked about ‘‘the looming fiscal crisis ported that though she and her hus- about principles, and I think it is ex- in Social Security.’’ So it is very real, band both worked their entire lives, tremely important to outline what and we cannot ignore it. that when her husband died, she was those principles are. I would just like Now, that correct diagnosis, the cor- getting exactly the same thing that an- to kind of review those, because this is rect diagnosis is that Social Security is other woman was getting who had not about Social Security; it really is broken and must be fixed. Social Secu- never worked or put into Social Secu- about retirement security, retirement rity is broken and must be fixed. rity in her whole life. It is easy to un- security for every one of us. We all Now, our current situation is the derstand her frustration at paying into want to be sure that our golden years product, I believe, of two things, two Social Security her whole life, for no are golden, that a secure retirement is things: inertia and our changing demo- benefit whatsoever to her. If she and available to all Americans. graphics. There is an inherent inertia her husband had been allowed to own Now, what should those principles in government at any level. Once a pro- their own personalized Social Security be? What kind of principles should we gram begins, it is tough to change it. savings account, she would have re- keep in mind? Well, first and foremost, We know that. It occurs at all levels of ceived the benefit of both her and her I think it is important that we say that government, from local all the way up. husband’s hard work and investment. it is a promise and we recognize that it Social Security is no different. It is

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H505 now 70 years old, and there has been a Fourth, the return on your Social Se- youngest children, all of them are little tinkering, but no fundamental curity dollars that we have had today threatened by the looming fiscal crisis update or modernization. And boy, the is frankly an embarrassment. A mere 2 in Social Security.’’ The looming fiscal world has changed in the past 70 years, percent and for many, even less than crisis in Social Security. I could not has it not? Remarkably, too. that, less than 2 percent. That is not express it better. Seventy years ago, we were in the enough to retire with a nest egg; that President Bush, in this hall on Feb- midst of the Great Depression. FDR is not enough to retire with security. ruary 2, just a couple of weeks ago was President; Babe Ruth hit his last To me, the current system looks like a said, ‘‘One of America’s most impor- three home runs in one game to set his greater risk than trying an alternative tant institutions, a symbol of the trust career record; Elvis Presley was born 70 approach. More retirees, fewer workers, between generations, is also in need of years ago. Seventy years ago Parker less money. wise and effective reform. Social Secu- Brothers released the board game Mo- Now, all of these are facts, and facts rity was a great moral success of the nopoly, nylon was discovered, and the are the same regardless of whether you 20th century, and we must honor its construction of the Hoover Dam was are a Republican or a Democrat. So the great purposes in this new century. just completed. Seventy years was a picture that we paint is not a very The system, however, on its current long time ago. pretty picture. We must put the ‘‘secu- Now, what about our demographics? path is headed towards bankruptcy. rity’’ back in Social Security. And so we must join together to What about our population? How have I think it has been mentioned this they changed? I think it is clear that strengthen and save Social Security.’’ evening but, Mr. Speaker, we know We must join together to strengthen when Social Security began, when it that with each passing year, each year was first designed, it was for a different and save Social Security. that goes by where we do not fix Social generation and a different America. We have been made a steward of this Security, the bill to our children and There are at least four specific facts great country, the greatest country our grandchildren increases by $600 bil- that have me convinced that that old that has ever been on the face of this lion. That is right; $600 billion for each system is no longer workable for our Earth, in keeping the promise of Social society. It is no longer secure. year we do not do anything. Fixing So- Security far into the future and giving First, our Nation has matured from a cial Security is a matter of fairness, millions of seniors the dignity, the time when men were the majority of fairness for the current generation of peace that they so richly deserve. the workforce and the life expectancy retirees and fairness for generations to Mr. Speaker, I am grateful for this was about 60 years old. I have always come. time in which we can present this most So we ought to act now. The Social found that it is curious that when the important message, this message that Security trustees, the Comptroller Social Security program began, the crosses generations, the Greatest Gen- General of the United States, and the benefits would begin for individuals at eration to the youngest generation. It chairman of the Federal Reserve Board a point in time when the average indi- is time for this Congress to come to- all agree that the sooner we address vidual would not even live to that date. gether. I am disappointed that we have the problem, the smaller and less ab- Only Washington can institute a pro- not seen participation in this effort rupt the changes will be for all individ- gram like that and have folks continue from the other side of the aisle. Per- uals and their families. to praise it. haps it will be coming, because Ameri- So I talked about those principles: Now, today, in the majority of house- cans deserve nothing less from their promise, peace of mind, nonpartisan, holds, both men and women are work- elected representatives, Democrats and generational fairness, and your money. ing, and our life expectancy is signifi- Republicans, than to save this most These ought to be our principles. We cantly over 70 years, so we are living important program to keep our kids should focus on the facts, study the longer, healthier lives, and that trend and our grandkids in their senior issues and alternatives, vigorously de- is only going to increase. Now, this is years, and make it so that they can bate it, and then act. Social Security very good for all of us, but it is not live in dignity and not in poverty. good for our outdated Social Security has worked for decades and for genera- Mr. CAMP. Mr. Speaker, I want to thank system. tions, but this current system is out- Second, when the system began 70 dated, and it does not meet the needs Chairman SHAW for leading this important ef- years ago, and we have heard this this of you or of our society. It is not se- fort to highlight the problems facing the current evening as well, there were 41 workers cure. Social Security system. for every retiree. I would like to have So I ask my colleagues on both sides Since the creation of the Social Security my colleagues think about these num- of the aisle to take the time now; let us program, older Americans continue to count bers: 41, 16, 3, and 2. When Social Secu- get to work. I look forward to this dis- on guaranteed benefits to support them in rity began, there were 41 workers for cussion; and I urge all of us, all of us to their retirement. Social Security benefits must every retiree. In 1950, there were 16 make a commitment to themselves, to be there for every American who pays into the workers for every retiree. Now, there our children, and to our grandchildren system. The President and the Republican are about three workers for every per- to solve the current situation. Not act- Congress are committed to making sure So- son who has retired and in the not-too- ing now would be irresponsible, as cial Security is there for the worker who re- distant future that number will be would saying that there is no problem tires, is there for the widow who needs that down to two. Now, those numbers just or that little needs to be done. extra source of income, and is there for the do not work. This is clearly So, Mr. Speaker, I urge this House, I disabled who need that helping hand each unsustainable, and we cannot have our urge the Senate, and I urge the Presi- month. I want to make sure these benefits children and grandchildren punished, dent to work together to find a respon- continue for future generations of Americans. and that is what will happen if we do sible and a secure solution. I thank the To ensure the continued solvency of the So- not act now. gentleman so much for allowing me to cial Security program Congress and the Presi- Third, the baby boom generation is take part in this discussion this dent must fact the facts that by 2018—less about to begin retiring; and when that evening. than 15 years from now the program will begin happens, the program starts to have Mr. SHAW. Mr. Speaker, I thank the to pay out more in benefits than it currently real problems. Now, when will they re- gentleman for a very well-prepared and collects. The outlays will be more than the rev- tire? Well, the average age of retire- well-documented statement. enues coming in. How can my Democratic ment is 62 years old, and the baby I would like to close with a couple of friends ignore this reality? Fifty-five years ago, boomers began in 1946, so you do the quotes. The first is I would like to there were 16 workers for every one Social math. Mr. Speaker, 1946 plus 62 adds up quote President Clinton at Georgetown Security beneficiary. Today, there are three to 2008. That is 3 years away. 2008 is University on February 9 of 1998. This workers for every one beneficiary. The num- when the baby boomers begin to retire. is an exact quote. He said, ‘‘So that all bers don’t improve from here on out. If we Mr. Speaker, 2008. A child born today of these achievements, the economic postpone the inevitable and do nothing to re- will not even be in kindergarten yet. achievements, our increasing social co- form the current system, today’s worker will be So the problem is right around the cor- herence and cohesion, our increasing left with a Social Security program that has ner. efforts to reduce poverty among our nothing to pay out. While some policymakers

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H506 CONGRESSIONAL RECORD — HOUSE February 9, 2005 may hope that a magic wand miraculously res- Congress. Of course, the Congress pro- curity now is $955 a month. I think it is cues the current system from future bank- vides one of the very few congressional important that we pay very close at- ruptcy, the reality is that Congress and the charters to the Boy Scouts of America. tention. President must work together now, make nec- The Congress has always supported the Now, here in this Chamber last week, essary reforms, and save Social Security. That Boy Scouts. and I would say, around this time, the is what we were elected to do—make deci- They have always encouraged the De- President came into a joint session of sions and implement policies that help Ameri- partment of Defense to support the Boy the Congress on the State of the Union cans now and in the future. To not do so is Scouts of America, as well. As a matter and said that Americans over the age frankly irresponsible. of fact, this coming year, the Boy of 55 do not have to worry about the My Democratic colleagues argue that we Scouts will hold a quadrennial national changes that he would like to make to don’t need to do anything to reform Social Se- jamboree at Fort A.P. Hill in Virginia, the Social Security plan. curity. Many suggest that the magic elixir for not too far from the Nation’s Capital. I must say that that brought Social Security is repealing the sensible tax This resolution encourages the De- amounts of concern throughout the cuts Congress and the President signed into partment of Defense to continue sup- country not only with me and Members law over the past four years and stashing the port of the Boy Scouts of America. I of Congress on both sides of the aisle, money in the Social Security Trust Fund. Tax believe it is the sense of Congress and but many Americans. It was almost increases will not rescue Social Security. This also the sense of the citizens of the saying that if you are 55, do not worry approach, which they have used to fund every United States of America that we con- about it; if you are under 55, trust us. one of their policy proposals, will restrain the tinue to support the Boy Scouts. And I can tell you that when we start economic growth we have experienced over f dealing with generational Social Secu- rity, or one generation against the the past several years. Since the Republican 30-SOMETHING DEMOCRATS Congress passed the 2001 Jobs and Growth other, I think that is very dangerous. Tax Relief Act, the U.S. economy has re- The SPEAKER pro tempore. Under Social Security was never designed to bounded, millions of new jobs have been cre- the Speaker’s announced policy of Jan- deal with one segment of the popu- ated, and business investment is the best its uary 4, 2005, the gentleman from Flor- lation, giving them certain benefits, been in seven years. Repealing these tax cuts ida (Mr. MEEK) is recognized for 60 min- and another segment, not giving them will hurt the U.S. economy and in turn, do utes as the designee of the minority benefits. nothing to save Social Security. leader. But I just want to mention a few I urge my colleagues on both sides of the Mr. MEEK of Florida. Mr. Speaker, it guiding principles that we should think aisle to put every idea and all the options on is always an honor to come before the about here tonight. Number one, we the table so we can begin to examine how to House and also the American people in should try to make sure that we have a preserve and protect Social Security for to- this great democracy of ours to address Social Security plan, that we are not day’s seniors and future beneficiaries. issues that are facing our Nation right borrowing from the Social Security now. trust fund. The Social Security trust f I must say that earlier today we had fund is there to make sure that when b 1945 an opportunity, the Democratic Caucus we have a rainy day, or when we have meeting and afterwards, having com- HONORING THE BOY SCOUTS OF a shortfall, we are able to go to that ments with not only the media, but AMERICA trust fund. other members of our caucus about the What the President and the majority The SPEAKER pro tempore (Mr. needs of Social Security. side are proposing now, they are saying BOUSTANY). Under a previous order of It is important that we make sure that we are going to help save Social the House, the gentleman from Penn- that Social Security is secured for Security, but at the same time we are sylvania (Mr. FITZPATRICK) is recog- years to come. We know that a number going to take us $2 trillion more into nized for 5 minutes. of Americans count on and look for- debt over the next 10 years. There has Mr. FITZPATRICK of Pennsylvania. ward to Social Security being a part of to be a better way to make sure that Mr. Speaker, I rise in support of H. their lives not only in retirement, but we deal with the Social Security issue. Con. Res. 6, which is on the agenda of also in their everyday lives. We have 48 Social Security is not at a crisis the United States House of Representa- million Americans that are involved in point. I have heard many Members, tives today, expressing the support of Social Security right now, and they are through press clips and press accounts the United States Congress for the Boy not all retired. Many of them are in and even here on this floor, say that Scouts of America. school. Many of them are middle-aged there is a crisis, that there is a fire, Mr. Speaker, I also rise as a lifetime individuals. that Social Security is going bankrupt, Scouter and a very proud Eagle Scout. Tonight we are going to have a num- it is going belly up. That is not true. As a matter of fact, this week marks ber of Members from the 30-Something And I hope that through a bipartisan the 95th anniversary of the incorpora- Working Group, which I must add, Mr. debate and a bipartisan plan, and I am tion of the Boy Scouts of the America. Speaker, started in the last Congress, not talking about one or two members It was February, 1910 that the Boy in the 108th Congress. I cochair that of the Republican Caucus, I am talking Scouts of America were incorporated in working group with the gentleman about this entire Congress because we New York. They stood for a set of val- from Ohio (Mr. RYAN), and we are going all have Social Security recipients that ues. They stood for something. They to have a number of Members who are are our constituents that are counting stood on a set of principles, teaching very, very concerned about the prin- on us to be able to make sure that So- young men to be trustworthy, loyal, ciples that not only the President but cial Security is solvent for many years. helpful and friendly. the majority side have put together as Mr. Speaker, I will suspend on my If you think about it, there are not the way to save Social Security. comments right now, but I have my co- many organizations around today who I will be sharing a few of my com- chair here, the gentleman from Ohio were around 95 years ago that stand for ments along the way, but I want to (Mr. RYAN). He is a distinguished mem- the same things today that they stood make sure that my colleagues have ber in his own right. for back at the time of their inception, enough time to share their concerns We have the privilege of serving on back at the time of their incorpora- about what is happening, and the lack the Committee on Armed Services to- tion, teaching young men to be cour- thereof that should happen, to make gether and even on the same sub- teous, kind, obedient, cheerful, thrifty, sure that Social Security is not only committee. It has been indeed a pleas- brave, clean and reverent to God. That here for those that are enrolled now, ure working with him. He is also on the is what the Boy Scouts of the America but those that will be enrolled in the Committee on Education and the stand for. It is what they have always future. Workforce and Committee on Veterans’ stood for. We know that every American par- Affairs. And he is a well-studied gen- The Department of Defense, the ticipates in the Social Security pro- tleman that I hold in high regard. United States military, have always gram. We also know the average ben- Earlier today I was talking with the been encouraged by the United States efit of the person receiving Social Se- gentleman about what we share with

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H507 not only the American people, but also your Social Security in the stock mar- billion. Then we find out today $1.2 with our colleagues, that this Social ket and we had another Great Depres- trillion is the real number. Security issue is so important that we sion, there would be a lot of issues that b 2000 are willing to take the debate not only we would need to talk about. But be- here on this floor, but also take the de- fore we get into the Social Security, I So we do not even know if $2 trillion bate out to America. want to kind of lay a little bit of a is the real number to do the transition Mr. RYAN of Ohio. Mr. Speaker, it is foundation on how this whole thing costs of the system. We are borrowing good to be back with the 30-Something works and what the generalities are of money, $2 trillion, increasing taxes; hour. I think it has never been more the President’s proposal, because we do and that is not enough to keep the sys- crucial to our generation than the de- not know all the facts just yet. tem going. bate that we are having here on Social What is happening here is, in order to There will also be a 40 percent benefit Security. run the Social Security system, the cut because all this money is starting Let me first say, before I get into the worker puts in a little over 6 percent of to go. I am 31. If I stop putting my Social Security debate, that I believe their wages and the employer matches money in, that is less going in. My that Social Security is just one of the that 6.2 percent, and it goes into the mother will have a benefit cut or peo- major issues that this Congress is fac- Social Security trust fund. ple in my mom’s generation will have a ing and one of the main issues that our Now, what the President is saying he benefit cut of 45 to 50 percent because generation is facing. But while this de- wants to do is for the worker to take of that money that is not going in. bate is going on and while you watch that portion, and that portion of the 6.2 I am getting my taxes raised; we are the news and we are talking about So- that the worker puts in is debatable as borrowing money from China and cial Security or we are talking about to what that side is agreeing on should Japan. Our benefits will be cut for my the war in Iraq, the President has sub- happen, but they all agree that they mom and her generation and my grand- mitted his budget to Congress. And if want to put a portion of that 6.2 per- parents and their generation. you want to talk about generational cent into the side private accounts In addition to that, if this is not fairness, like our good friends who were that would go into the stock market. enough to convince my colleagues this here earlier in the first special order I think on the face of it, when you is a bad proposal, the investors on Wall hour, talking about generational fair- hear it and you are 20, 25, 30, 35, 40 Street that are running your personal ness, just look at the budget that was years old, it sounds like a good idea. account, they are not going to do it for submitted to this Congress if you want Here is the problem we face when you charity. They are not going to do it for to talk about generational fairness. do that: The money that you would free. They are going to charge, and We are going to increase the Pell normally be putting into the Social Se- what they charge in Chile where they grant by $100 a year for 5 years when curity system, your 6.2 percent that have a system just like this is 20 per- tuitions all over the country have dou- you are now diverting over into a pri- cent. bled over the past 4 or 5 years. That is vate account, that means that your So any benefit you may get in your not generational fairness. Cutting food money you are normally putting in is personal account will be eaten up by a stamps, which primarily go to children, not going into the Social Security sys- tax increase, by benefit cuts, and by is not generational fairness. Cutting tem for your parents or your grand- the user fee that you are going to have Medicaid, which goes to poor children, parents. In other words, the system to pay to the investor who is going to is not generational fairness. will not have the money in it to han- invest your money, all the while risk- So we can have this debate, we can dle. So the number that is floating ing the greatest social insurance pro- bring our talking points here and around just for the transition cost to gram in the history of the country. march the party line and say exactly go from the system we have now to the Mr. MEEK of Florida. Mr. Speaker, I what we are told to say when we come personal accounts system is $2 trillion. thank the gentleman very much, and I to the floor and when we go on the talk Now, we are already running a $500 just want to say I think that he said shows; and you can hear it over and billion deficit this year. So we are something that was very important. over. going out and borrowing money and If the $2 trillion number is not right, Our colleagues on the other side are paying interest on it because we are because as my colleagues know, under good, not always accurate, but good. spending money we do not have. Now this Medicare prescription drug benefit But when you hear generational fair- we are saying that if we implement that the administration put forth in ness, think about cuts to Medicaid, this Social Security program, you will the last Congress, we were told one think about cuts to food stamp pro- have, the government will have to go number and that was wrong, and then grams, think about the miserly in- out and borrow at least $2 trillion, with it was revealed that the numbers were crease in the Pell grant program, $100 a a ‘‘t’’, $2 trillion, from China and Japan suppressed and the actual number is year. which is where we are borrowing our higher. Just today, looking at the news I think if we wanted to make young money from now to fund the $500 bil- reports, that number is even higher, people a priority in the Congress of the lion. We have to go out to China and and so as these mistakes are made, fu- United States, we would increase Pell Japan and get another $2 trillion and ture generations and even the present grant more than $100 a year if we want- pay interest on that. generation is put at risk financially. ed to be fair to every generation. So You are going to have a tax increase I can tell my colleagues one thing while this debate is going on here with because we are going to have to borrow that is fact. We do know who will ben- Social Security, there is this other $2 trillion in addition to the $500 billion efit from this privatization scheme, thing happening with the budget, and I that we are already running with our which is $940 billion, Wall Street, to urge our friends at home to pay close deficit this year. So there will be a tax put these public dollars in open water, attention to what is happening. increase in order to fund this system, to gamble. One of the gentlemen over there said the transition costs, and that is if the The other issue that I thought the that it has been 70 years since Social numbers are right, if the $2 trillion gentleman really laid out was the fact Security; 70 years ago Elvis was born, numbers are right. there are no guarantees that the ben- 70 years ago, which was my favorite, Now, we know that before with the efit level will stay where it is now. the Great Depression was here. And I war we were told weapons of mass de- Matter of fact, we are pretty much thought that was kind of funny because struction, we were told we would be guaranteed that benefits will be cut, here we are having a debate about put- greeted as liberators, we were told that even for those who do not take part in ting the Social Security system into we would use the oil money for recon- the privatization accounts, and so I the stock market, and one of our col- struction. It will not cost the taxpayer think it is important for us to continue leagues is quoting how much the world any money. That never happened. We to share that with the American peo- has changed since the Great Depres- are $300 billion into this. ple. sion. Then, with the prescription drugs, we Once again, I just want to say that Well, I am sorry, but if you had your were told it was only going to be $400 Social Security is going to be solvent money in the stock market, you had billion; then 2 months later it was $550 for another 47 years; and also, we have

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H508 CONGRESSIONAL RECORD — HOUSE February 9, 2005 48 million Americans that are now re- honest because it omits many impor- more than double over the next 10 cipients of Social Security, and it has a tant priorities, thus negating President years, with each family’s share of the lot to do with local economies, a lot of Bush’s promise to cut the deficit in Federal interest payments on the debt our disabled and very frail individuals. half by 2009. rising from just over $2,000 per year to This is what they count on as a source Further, this budget has the audacity around $5,000 per year. This is not the of income. to raise taxes on our veterans. As kind of legacy we should be leaving to I must add that we still do not have Shakespeare’s Julius Caesar said to our future, to our children. This debt a Social Security plan. We are just Brutus, ‘‘Et tu Brutus, yours is the transfer is essentially a birth tax. talking about principles now, guiding meanest cut of all.’’ I am here to say, This budget is not honest. Several of principles; but one thing that the gen- in this budget, the meanest cut is to the President’s top priorities are omit- tlewoman from California (Ms. PELOSI), our veterans, when we need to be doing ted from this budget. What surprises the minority leader, shared not only more for our veterans, not less, and me is that these projects that he is with the Nation but shared with many certainly not raising taxes on our vet- omitting from his budget this week of us here, Democratic guiding prin- erans, as this budget does. were signature points in his State of ciples to make sure that we do not in- Veterans, wake up. I have got so the Union speech last week. These crease the deficit in any Democratic many veterans in my district down in omitted policies, including debt serv- plan that is put forth, a plan that does Atlanta, Georgia. I just spoke to the ice, add $2 trillion to the 10-year def- not send us further into debt; that American Legion in Jonesboro, Geor- icit. every dollar will be paid for and not gia, and they said, David, you have got Not included in this budget are tran- borrowed that will continue to make to do more for the veterans, and I said sition costs for privatizing Social Secu- the problem worse. we would. rity. If we are going to privatize Social Mr. RYAN of Ohio. Mr. Speaker, if Then I come back here and see that Security and set up the account, we the gentleman would yield, this is real- this budget that President Bush has have got to have $2 trillion. Where is ly the first thing that we need to do. submitted raises the taxes on our vet- that in the budget? How is the Presi- No matter whether we are talking erans, and then this budget also hurts dent going to pay for it? about Social Security or the budget or our farmers by cutting back on badly By delaying the start of the Presi- whatever, first thing we need to do in needed farm programs. Our veterans, dent’s new Social Security plan until this country is plug the hole, balance our farmers, no two groups of people 2009 and then phasing in over 3 years, the budget immediately, and stop bor- stand for what is right and good about the budget manages to avoid showing rowing money from Japan and China, this country more than our veterans most of the costs, but they are going to now. We need to do this immediately. and our farmers. That is how we got be substantial. Social Security actu- Mr. MEEK of Florida. Mr. Speaker, started, with our farmers; and that is aries have estimated that the cost we also have one of our colleagues, how we sustain and grow our freedom would be about $750 billion over the matter of fact, one of our classmates in America and around the world for 2009 to 2015 period alone. that came in with us, the gentleman the price that our veterans paid. Also not included in the budget are from Georgia (Mr. SCOTT), who is past This budget is not balanced. In fact, funds for the operations in Iraq and Af- rules chairman in the Georgia senate this budget creates a new record deficit ghanistan. Listen, we are at war. We and now serves here in the Congress on of $427 billion for fiscal year 2006. This have got our troops over there. We the Committee on Agriculture and also administration’s budget continues a asked for $81 billion for them. It is not on the Committee on Financial Serv- record of deficits and rising debt over even in this budget. I ask my col- ices. He is going to be sharing some the last 4 years. For the third year, the leagues, is that responsible? Just words with us on Social Security, and administration’s budget creates a new think, the additional $81 billion being it is always a pleasure working with record deficit, while offering no plan to asked for this year for our soldiers, for him and being with him, and we look restore the budget to balance. their armor and for the military are forward to his comments. The $5.6 trillion 10-year surplus in- not even in this budget; and according Mr. SCOTT of Georgia. Mr. Speaker, herited by this administration from to the Congressional Budget Office, I thank the gentleman very much, my the Clinton administration, which costs for operations in Iraq and Af- distinguished colleague from Florida should have been used to strengthen ghanistan could run as high as $400 bil- (Mr. MEEK) for yielding. Social Security, instead has been used I certainly want to congratulate him and squandered and replaced by a def- lion more than the budget includes. and of course my distinguished col- icit of $4 trillion over the same period Another thing, the alternative min- league from Ohio; and we are at a from 2002 to 2011. imum tax which protects middle-in- crossroads in America, and we need to One goal of the deficit reduction ac- come taxpayers is not in the budget, pay very, very close attention to what complished during the Clinton admin- $640 billion. is happening. istration was to save for the retire- Then the veterans, my heart goes out I want to talk for just a few moments ment of the baby boomers. We have had for our veterans. They will not be able some plain, kitchen-table talk because our eye on this problem for a long to even go into a hospital without first these are kitchen-table issues. These time. This is not just a problem coming of all paying a fee of $250. This budget are issues of substance. It is how your and all of the sudden this administra- imposes a $250 annual enrollment fee tax dollars are being spent with the tion finds that it has all the wonders in for veterans without service-connected budget. It is also how we are going the world. We Democrats have been disabilities who also have incomes about to fix the most effective, most grappling with this problem of Social above the VA means-tested levels, and meaningful government program that Security and the baby boomer genera- the budget also increases pharmacy co- has ever been created in Social Secu- tion coming for a long time, but we payments for our veterans from $7 to rity; and when I get to the Social Secu- vowed that we will solve the Social Se- $15, over 100 percent. Veterans, wake rity part, I want to stress an emphasis curity problem without cutting bene- up. Get on the phone and call your on young people and African Ameri- fits and without raising taxes and Congressman and see what they are cans because there have been some without robbing the Social Security doing to our veterans in this budget. very significant misleading statements trust fund of $2 trillion to set up pri- Both of these veterans taxes were and bad information that is being put vate accounts. proposed in the last two budgets; but out. Instead, this administration has run we in Congress rejected them and I as- First, let me just say a few words, if up mountains of new debt which just sure my colleagues, under Democratic I may, on this budget, because it is passes the bill for today’s policy leadership we will reject them again very, very problematic. choices on to our children and our this year. First, the Draconian cuts in discre- grandchildren. This Federal budget should be an tionary spending do not reduce the def- Under the administration’s policies, honest blueprint for the spending prior- icit. In fact, the deficit continues as far the annual burden of the Federal debt ities of the government. However, this as the eye can see. This budget is not on the typical American family will budget is not honest. It is passing our

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H509 obligations, responsibilities, and chal- their lives would change if their par- tell him that I concur with many of his lenges to our children and grand- ents did not have Social Security on comments. It was a thoughtful presen- children; and that is immoral. Let us which to depend. In fact, without So- tation. stand up for the honesty and goodness cial Security, their parents would like- And just to reinforce, the trust fund of our Nation and reject this budget. ly have to rely on them for a portion of has $1.7 trillion in reserves and will I want to talk for just a moment on their income. And caring for aging par- provide full benefits for the next 50 the Social Security; but as we can see, ents is difficult enough for adult chil- years, and even 80 percent of the it is very difficult for us to even before dren without the added burden of hav- present benefits we have now beyond we get to the Social Security, we have ing to replace income from promised that. So to say there is a crisis and got to explain to the American people Social Security benefits which were that the sky is going to fall tomorrow what is happening with this budget and lost through the President. is just totally inaccurate. the unmerciful cuts. Young people must realize that the Mr. SCOTT of Georgia. Absolutely. Despite what the President claimed problems inherent in privatizing Social Mr. Speaker, the gentleman is cor- in his State of the Union speech, his Security are there, and they must re- rect, and it is very important for the proposal to privatize Social Security ject them. people to know that we have a surplus hurts everyone. His plan will cut guar- Now, finally, I must say how dis- in Social Security as we speak today. anteed Social Security benefits by appointed and how disturbed I was And the only reason we will be having more than 40 percent in the coming when President Bush said this. He said a problem is because we folks have bor- decades, risky private accounts which since black men die sooner than rowed from Social Security to pay will cut retirement, disability and sur- whites, Social Security is a bad deal other bills. And we have had IOUs, vivor benefits of millions of Americans for them, and that private accounts is which are Treasury bonds, but they are and will not help Social Security; but a good deal for them. Now, I like Presi- good all the way up through 2052. And it will begin the process of dismantling dent Bush personally, and I assume he then beyond that, of course, we will even be able to pay 80 percent of it. it. is a decent man. I have to assume also But I think this kind of system with that he must be getting some very bad b 2015 the President is that you create as information. And somewhere I really believe that I agree with columnist Paul much of a crisis as you can. But I do that might be the intention. Krugman, who noted recently that not think the American people will be Social Security needs a solid source President Bush has blatantly manipu- fooled on this one, as they were with of funding, not a plan that makes the lated the facts and made false asser- the crisis over the weapons of mass destruction. problem worse by draining $2 trillion tions all in the hope of convincing Afri- Mr. MEEK of Florida. Mr. Speaker, I away from this important program and can Americans that this is a good deal forces Americans to borrow millions of do not believe so either. for them. The claim that black people Mr. Speaker, I am joined by one of dollars from foreign governments, as get a bad deal from Social Security be- our very fine new colleagues from Flor- my friend from Ohio pointed out. Why cause of a shorter life expectancy is ida. We represent neighboring districts, do we want to mortgage this country wrong. And Mr. Bush’s use of this false and we served together in the State to China, to India, to Japan, to Saudi argument is doubly shameful because legislature and now she is here in the Arabia? Because all of our debt is being he is exploiting the high childhood Congress serving on the Committee on handled by them; 90 percent of our new mortality rate and the high black Financial Services, the gentlewoman debt is in the hands of foreign govern- youth mortality rate to promote his from Florida (Ms. WASSERMAN ments. And just the interest alone that privatization plan instead of trying to SCHULTZ). we are paying them is more than what remove the deep inequities that remain Ms. WASSERMAN SCHULTZ. Mr. we in our own country pay for national and that black people face in our soci- Speaker, I thank my colleague so security. ety every day. much, and I have to say that it is a tre- America, wake up. Social Security Blacks’ low life expectancy is largely mendous pleasure to join my 30-some- needs a solid source of funding and not due to high death rates in childhood thing colleagues, my colleague from a plan that will make it worse. This and young adulthood. It is because of Florida and the gentleman from Ohio President insists he is undertaking this the lack of health insurance and other (Mr. RYAN). I am glad to see the ranks drastic dismantling of Social Security health disparities. What the President of the 30-somethings are expanding, es- for the good of our young people. Well, is talking about is like cutting your pecially on our side of the gender bal- young people, I want you to listen to legs out from under you and then con- ance. No offense to my colleague. It is me tonight. And if you know any oth- demning you for being a cripple. especially exciting that I can rejoin ers, please get other young people on What really is shameful about Mr. the Meek-Wasserman Schultz tag team the phone. Go to the phone and call Bush’s exploitation of this disparity is that we enjoyed in the Florida legisla- them and get them to listen to this de- that it is taken for granted. The per- ture. bate tonight. sistent gap in life expectancy between I am so glad my colleagues have been The gentlemen from Georgia, Ohio, African Americans and whites is but spending some time this evening talk- and Florida want to set the record one measure of the deep inequalities ing about the significant disparities be- straight for our young people, because that remain in our society, including tween the President’s proposal and the this administration wants Americans highly unequal access to quality health crisis, the so-called crisis, it seeks to to believe that private accounts are a care. We ought to be trying to diminish address and the facts. So I would like great deal for those under age 55. The that gap, especially given the fact that to spend a few minutes separating fact President is wrong. Privatizing Social black infants die three times more from fiction and maybe boil this down Security not only does not help, it is a often than whites. to some simple terms. Because often in hindrance to the financial security of In conclusion, my colleagues, let me Washington we talk about trillions of young people, for several reasons: just say that the President is wrong on dollars, which is really an First, these private accounts, young this Social Security issue and the pri- unfathomable amount of money. It is people, listen to me, these private ac- vate accounts. We have a problem with so hard for anyone to think about what counts will not be monies that will be Social Security, but that problem must $1 trillion means, never mind several handed to you so that you will be free be solved in a way that stands for what trillion. So I want to spend a little to invest however you see fit. There is good and what is right in America. time about what this means to real will be a few plans chosen for you and And what is good and right in America people. handled for you, plans that are com- is that we protect and strengthen So- Clearly, the President’s proposal plex, have restrictions and liabilities cial Security. And you do not do it makes Social Security weaker, not on them. And then there is the annuity with the private accounts. stronger. It does nothing, as the gen- issue that needs to be addressed. Mr. MEEK of Florida. Mr. Speaker, I tleman laid out, to resolve the funding Again, I hope that most young Amer- thank my colleague, the gentleman challenges that currently face the sys- icans will begin to think about how from Georgia (Mr. SCOTT), and I can tem. The President’s plan costs nearly

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H510 CONGRESSIONAL RECORD — HOUSE February 9, 2005 $2 trillion to implement in the first 10 woman from Florida is saying, what President’s plan, and I will not even years alone and several trillion more happens if in 2000 or 2001, when you call it a plan because there is no plan; dollars each decade after that. And his open up your 401(k) one day, it is cut in I have not received a bound copy from privatization proposal bankrupts the half and you were planning on retiring the White House saying this is the So- entire system faster than it would, and it takes another 10 years to get cial Security plan. that is the term he used, which was an back to where you once were, all this Mr. RYAN of Ohio. Maybe he did not inappropriate term, but it literally risk for no real gain overall? send it to you. bankrupts the system in only 15 to 20 Mr. Speaker, I yield back to the gen- Mr. MEEK of Florida. Well, maybe he years. And as my colleague stated, tlewoman. did not. But I do not think anyone has without doing anything, which no one Ms. WASSERMAN SCHULTZ. I it, and I think there is a lot of Federal here is advocating, we have another 50 thank my colleague, Mr. Speaker. jet fuel being burned flying throughout years to go and we can still pay 80 per- Another important point, and why the country, lining up individuals that cent of the benefits. the three of us are here tonight high- are excited to see the President of the There is a funding gap. We all agree lighting this, is because our generation United States, but who may not fully with that. And we have to address that needs to understand the President has understand the fact that they are going funding gap. But it does not have to be laid out a rosy scenario under his pro- to receive fewer benefits, that Social closed by reducing or cutting benefits. posal that simply does not exist. No Security is there for them for the next That is a totally inappropriate solu- group of Americans has more reason to 50 years, and even beyond that with 80 tion. fight the privatization of Social Secu- percent of the benefits if we did noth- The real crisis here is not in Social rity than young Americans and young ing as relates to Social Security. Security; the real crisis is the poor workers and their families. The Presi- We have to make sure that we main- management of the Federal budget. dent’s proposal cuts benefits, it pulls tain and do the things that not only That is the bottom line. We have some- the rug out from underneath our re- the Democratic Congress did along one here who has been mishandling the tirement security, and it adds trillions with President Reagan, making sure direction of the Federal budget, and it to the debt. we kept Social Security sound for fu- needs to be fixed. Privatization will ultimately result ture generations, but we need to make When I see a problem in my house- in a crisis that means millions of sure we do it in a way that we are not hold budget, what my husband and I do young people will basically be forced to scaring Americans and making them is, we make sure that we do not give work into their 70s, when right now, feel that the sky is going to fall when that problem an overdose of medicine. under the current system, they could it is not. When we address a problem with our retire far earlier with a guaranteed b 2030 budget, we address it in a way that is benefit. And they would have to ulti- The only thing that is guaranteed proportionate to the size of the prob- mately pay higher income taxes for the here is that $940 billion that will then lem. We give the problem not an over- rest of their lives. fall into Wall Street and the compa- dose of medicine, but we give the prob- I want to talk just briefly about the nies, maybe the two or three that will lem an aspirin. And that is the dif- simple terms that I described earlier. be chosen to handle these private ac- ference here. This is how the President’s proposal counts, that will give young Ameri- We saw earlier this week that the hurts everyone. The costs of privatiza- cans, or even middle-aged Americans President’s budget does not even cover tion clearly explode the national debt. because, remember, the President said the cost of any Social Security reform. Most Americans understand what hap- if you are over 55, do not worry. He also This is despite the fact that extending pens when you run up your credit card told us a number of things as relates to the tax cuts permanently costs five bill and do not pay it off. It is impos- Medicare, and we are finding out it is times more than fixing Social Security sible to get out from under that debt, not true. I am not saying that the for you, for me, for our children, and never mind trying to get a bank loan President is not being truthful with us; for their children. If we rolled back the based on the credit you have, because I am just saying we are not getting President’s tax breaks for just the your credit is gone. good information. wealthiest 1 percent, it would cover That is exactly what the President is Mr. RYAN of Ohio. Mr. Speaker, so most of the funding gap right there, doing here, essentially. He is using up we are going from a guaranteed benefit most of the funding gap just by the America’s credit, yours, mine, our chil- for Social Security recipients to a wealthiest 1 percent of Americans, roll- dren’s, even our grandchildren’s to guaranteed payment for those Wall ing back their tax cut and not making fund a radical and untested program Street investors. No matter what hap- it permanent. that puts the safety of America’s work- pens, whether the investments or the Of course, the Bush administration ers and retirees at risk. That is really portfolios they are negotiating go up or today eliminated any discussion of lim- the bottom line. Because of the mis- down, they are going to get paid, guar- iting tax breaks for the wealthiest 1 placed spending priorities, the national anteed. Why would you shift that from percent of Americans or anyone else debt has grown so large that an aver- the beneficiaries? just to ensure Social Security’s sol- age family of four pays thousands of Ms. WASSERMAN SCHULTZ. Mr. vency. dollars each year to pay down the gov- Speaker, I want to bring up something The bottom line is that privatized ac- ernment’s debt, which is just like the that maybe has not been discussed and counts put Americans’ hard-earned re- interest that you pay on a credit card that is the disproportionate impact tirement savings at the whims of the when you do not pay off that debt that the President’s plan will have on stock market. I do not know too many every month. women. Women are already starting far people out there that have had a tre- Imagine what that family is going to behind the eight ball as compared to mendous amount of confidence in the owe when trillions of dollars are added men in their earnings. There are a stock market these days so that they to their monthly statements in the number of factors that leave women would trust their entire retirement fu- form of new and higher taxes. And even more vulnerable to this radical ture and the security of that to the what do they get for all that spending? proposal than it leaves men. whims of the stock market. Benefit cuts, removal of their retire- In 2003, for example, the average Mr. RYAN of Ohio. Mr. Speaker, if ment security, all of which is subject monthly Social Security benefit for a the gentlewoman will yield, I think to the whims of politicians and the woman was only $798. That is $241 less that is a tremendous point that we stock market’s fluctuations. And that than the average man’s monthly retire- have overlooked, and that is why we is totally inappropriate public policy, ment. Women’s earnings are 77 percent get an hour to do this, to make all our and young Americans should be as relative to men back in 2002. Women points. deeply disturbed as we are. who reach retirement age live, on aver- This benefit that we have now is Mr. MEEK of Florida. Mr. Speaker, I age, at least 3 years longer than men, guaranteed. It is inflation adjusted and just want to tell my colleague from and Social Security is the only source guaranteed. No matter what, you get Florida that many of the individuals of retirement income for one in three your benefit. I think what the gentle- that are beating their chests about the unmarried women.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H511 Without Social Security, 52 percent Now we have Eric. Eric is 28 years er. It is unfair to American families, of white women, 65 percent of African old, lives in Miami, Florida. He retires and I must add family benefits and sur- American women, and 61 percent of in 2042. Under current law, when Eric vivor benefits are holding families, Hispanic women would live in poverty retires in 2042, Eric would get $1,478 a people who work every day, folks who upon retirement without the safety net month. In 2042, under the President’s wake up and catch the early bus in the that Social Security provides. It pro- best case scenario, which we call the morning, people who know what it vides more than half of the total in- good blueprint, Eric would get $1,098 means to have a 15-minute break in the come for female widows and for single which is a $380 difference per month, afternoon and in the morning, these women. just doing the math quickly. are people who work every day. So when the President talks about Clearly, under the current system, Here in this Congress, we have to the different groups that his proposal Eric at age 28, if you are listening and make choices. Here, in the Democratic would disproportionately benefit, he you are 28 and we keep things solvent, Caucus and in the 30-Something Group, does not seem to care that we would maybe make some minor adjustments we have made the choice to be on the leave women in this country com- to keep the system going, you get al- side of the individual that works every pletely out in the cold. most $1,500 a month and under Presi- day and has paid into the system every Mr. SCOTT of Georgia. Mr. Speaker, dent Bush’s plan, $1,100 a month. day and expects that we will not go I wanted to emphasize that the young Last we have Jennifer. Jennifer is back on the deal as the gentleman from people need to realize that if you were from Ohio. She is 38 years old. She re- Georgia (Mr. SCOTT) pointed out ear- to make this move into a private ac- tires in 2032, a little closer. Under the lier, as we have done to veterans, and count, you will correspondingly have current law, she will get $1,343 a we are doing to veterans in this budget benefits cut down the road. You are month. Under President Bush’s that the President has put forth. It is going to lose in benefits far more than scheme, $1,099. There is still a $250 a very unfortunate. you would in the accounts with the month cut because there is less money It is time for not only the American risk-taking involved and because your going in. people to wake up, but also for Mem- Social Security investment is pro- People are putting money in private bers of Congress to wake up and stop tected from inflation, it is guaranteed, accounts. There is an increase in taxes following the so-called leader, and say, and when you have those cuts taken because you have to borrow $2 trillion this is wrong and I am not going to away as a result of going into the pri- and you have to pay your investors move forward with a plan that is going vate accounts, it should make one stop their 20 percent for making the deals to give my constituents less than what and think a little bit before even enter- for you. So even someone 38 years old they had when I was elected. taining the idea of going into private retiring in 2032 is still going to see Ms. WASSERMAN SCHULTZ. Mr. accounts because they would cor- under President Bush’s plan a cut of Speaker, I know we are using Congres- respond in the cuts. $250. sional Budget Office numbers, and that Mr. MEEK of Florida. Mr. Speaker, I All we are saying is, we have a guar- needs to be understood. We are not just see the gentleman from Ohio (Mr. anteed benefit. The system is working. making this up to fit the picture that RYAN) has some examples of what can No one is going to hit the lottery on we want to show here. happen to many of the young people, this system; we understand that. But it But the question I have is, when I sat and the gentleman knows he is in was not meant to hit the lottery. It in the Chamber and listened to the charge of the charts. I just want to say, was meant as a social insurance pro- President deliver the State of the it is important to not only give our e- gram. Fifty percent of the bene- Union address, my understanding of mail address out, because we want to ficiaries, if they did not get Social Se- the President’s proposal was that he continue to talk with Americans about curity, would live in poverty; and we would try to put forward a proposal this issue, and also Members of Con- are going to flip this system upside that would ensure future retirees gress we would say, and even the other down and go borrow $2 trillion from the would have more money. The illusion body, to go onto our Web site to get in- Chinese, who are cleaning our clock that he has created is that by formation on what we talked about economically anyway. It does not privatizing Social Security, putting today with the Democratic leader of make a whole lot of sense. the future of Social Security into the going out into America, speaking to Mr. MEEK of Florida. Mr. Speaker, I stock market, he led people to believe groups that want to know more infor- want to make sure that people under- Wednesday night that they would re- mation about what this Social Secu- stand that we are not just talking tire with more money than they would rity privatization scheme has in store teenagers, we are not just talking have if we left the system as it is. But for them if we fail them as a Congress. about 20 or 30 something. Here is Bill. each of the graphs I have seen here to- Mr. RYAN of Ohio. Mr. Speaker, the Here is an example. And many of these night shows consistently there is less gentleman is absolutely right that we numbers, as we start talking about So- money for each scenario, whether you should have a debate about this. cial Security being able to provide the are the youngest future retiree or the To e-mail us, it is 30something benefits that it has now, is not the oldest future retiree. [email protected]. Davis, Scott, Wasserman Schultz, How are we wrong and he is right? We have some charts here that kind Meek and Ryan report, this is from the How is it that he does not see that he of play out President Bush’s scenario Congressional Budget Office, numbers is costing the government trillions of with four younger people. The one we that they have given us. This is not dollars, pulling the rug out from under have here is 18-year-old Ashley. We anything that we sat in a room and our retirees and causing them to have wanted to get a woman in there. These said, let us see what works towards our less money, not more? What are we not are the benefits under current law, favor here. This is fact and this is re- getting here? what Ashley would get when she reality. Mr. RYAN of Ohio. Mr. Speaker, this tires in 2052. Here is Bill, who is 48, from Georgia, is a real pattern of behavior. I think Under the current benefit, she would probably from Montezuma where my when we are talking to the young stu- get $1,628 if we do not do anything. folks are in Georgia. Let us say Bill re- dents out there, the 20-somethings and Under President Bush’s good blueprint, tires at 2022. Under the present bene- 30-somethings, and we look at the which is the best case scenario, but we fits, he has $1,266 in the year 2022. But track record of the last 4 years, weap- have to factor in tax cuts, the 20 per- under what the President is proposing ons of mass destruction, oil money for cent you have to give the investors, the under his privatization scheme that reconstruction, American taxpayers borrowed money, everything else, the will guarantee billions for the corpora- are not going to have to pay a dime. risk is probably not included in here, tions that are already prospering under Mr. Wolfowitz testified $5 billion was Ashley would get $1,099. So you are his administration, and I mean the big all the Americans were going to have talking about a $529 difference. This is corporations, not the small ones, he to pay, and now we are $300 billion in; our system that we have today, and the will receive under the Bush plan, $1,141. and that we would be greeted as lib- Ponzi scheme which has been proposed. To create a crisis, to then step into a erators, and on and on and on. None of That is Ashley. gamble is unfair to the American work- that was true.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H512 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Then we went to the Medicare bill. It they have earned. Private accounts limbs, lost their peace of mind as a re- was $400 billion. Two months later, it make the Social Security challenge sult of their service to this country. So was $550 billion. And today, and it is worse, enforce massive benefit cuts, I believe that most Americans feel as if funny, if it was not so sad, it would be and increase the national debt. Once this country has an obligation, a sa- hilarious, $1.2 trillion. We went from President Bush stops insisting on pri- cred obligation, a moral obligation to $400 billion when we voted on this vate accounts, then we can have a true do what is right for our veterans. thing, to $1.2 trillion. So this is clearly debate as it relates to making sure the We are making choices here in Wash- a pattern. So when they come to us promise of Social Security will be ington, D.C., and some of the choices with this proposal, how are we sup- around for future generations to come. we are making are choices between posed to believe them? How are the It is always a pleasure to co-chair providing tax breaks to the richest peo- young people supposed to believe them? this hour with the gentleman from ple in this country, while at the same Ms. WASSERMAN SCHULTZ. So is Ohio (Mr. RYAN). And also I want to time we are making decisions to cut their theory, if they say it enough thank the gentlewoman from Florida back, to reduce, to limit the health times, it will become true? (Ms. WASSERMAN SCHULTZ) for being a care that is available to America’s vet- Mr. RYAN of Ohio. I think that is it. part of the working group 30-some- erans. This is certainly reflected in the Basically we are going to bet the thing. And to the gentleman from President’s budget. ponies, and we do not have any money Georgia (Mr. SCOTT), it is always good But before I talk about the budget, I in our pocket, so we are going to put it to have a 40-something. I will go ahead yield to the gentleman from Illinois on our credit card at 21 percent. We and put it that way. (Mr. EVANS), the good ranking member have to pay the Chinese back because f of our committee. The gentleman from they issued us the credit card. It is a Illinois (Mr. EVANS) is a strong advo- AMERICA’S VETERANS dangerous game. cate for veterans, and I want yield to Mr. SCOTT of Georgia. Mr. Speaker, The SPEAKER pro tempore (Mr. him to say a few words before I get into I think it is very important that we re- BOUSTANY). Under the Speaker’s an- some of the specifics regarding the flect and understand the purpose of So- nounced policy of January 4, 2005, the President’s budget and veterans health cial Security. This is an insurance pro- gentleman from Ohio (Mr. STRICKLAND) care. gram. We have investment programs is recognized for 60 minutes. Mr. EVANS. Mr. Speaker, I appre- for the stock market. We have 401(k)s GENERAL LEAVE ciate the gentleman’s yielding to me, in which an employer and an employee Mr. STRICKLAND. Mr. Speaker, I and I thank him for holding this Spe- contributes. We have other kinds of al- ask unanimous consent that all Mem- cial Order. ternatives. But, remember, it was the bers may have 5 legislative days within I was 17 years old when I went into Democratic Party that birthed Social which to revise and extend their re- the United States Marine Corps. It was Security. It has been the Democratic marks on the subject of my Special the proudest thing I have done in my Party that has protected Social Secu- Order. life, including having this job, because rity. Social Security has been the bul- The SPEAKER pro tempore. Is there it was really an experience in which we wark of making America have the objection to the request of the gen- gave it all. I did not go to Vietnam, but highest standard of living. tleman from Ohio? I served as a Marine Corps guard of Let us not forget the words of the There was no objection. Naval Nuclear Ordnance in Okinawa. gentleman who produced Social Secu- Mr. STRICKLAND. Mr. Speaker, I And it was a great point in my life. I rity, Franklin Delano Roosevelt, who am here with the gentleman from Illi- was 18 years old when I got sent over- said we want to make sure that at no nois (Mr. EVANS), my good friend and seas, and I will never forget what those time in America will any of our people, colleague, the ranking member on the guys coming back home told us one as they get old, succumb to the throes Committee on Veterans’ Affairs tonight in a bar, going home from Viet- and the woes of poverty. night; and we will be joined by some nam via Okinawa, that the contribu- others a little later. But we are here to tions they made, despite the con- b 2045 talk about some of the issues facing troversy of that war, were ones that we It is an insurance program, plain and America’s veterans and especially the should never have forgotten. simple. If they want private accounts, result of the budget on veterans health But not only did we forget Vietnam; there is nothing wrong with investing care. we have forgotten the veterans of this in the stock market. There are oppor- I would like to preface my remarks, new war that is going on. And I think tunities to do that. They have 401(k)s. though, by saying that in this Chamber it is tragic that we do not live up to But Social Security is there. comprised of 435 Members from all the consequences of funding the pro- And I just say we are addressing most across this country, Democrats and Re- grams that our veterans assume will be of our remarks to 20-somethings and publicans, some people from large cit- available to them, and I think that we 30-somethings, but our 20-somethings ies, others from small towns, we all have got to keep it in mind that the and 30-somethings will soon be 40- have to make decisions in this Cham- young people, minorities, poor white somethings and 50-somethings and 60- ber. We make decisions about what is people are the same people who fought somethings. At the end of the day, we most important for our constituents this war as was waged by those men need to make sure that we do not dis- and what is most important for the and women in combat in the last war. turb that cushion that has provided American people. So we have to choose That is why we need to do all we can to America with the highest standard of among priorities. But it is my feeling help the veterans out. living in the world, and that cushion is as a Member of the Committee on Vet- But this is not what the budget calls Social Security. erans’ Affairs, and I am sure the gen- for. The budget call for increases in Mr. MEEK of Florida. Mr. Speaker, tleman from Illinois (Mr. EVANS) feels premiums paid for the prescription reclaiming my time, the gentleman the same way, that America’s veterans drug benefit, a benefit that has been from Georgia (Mr. SCOTT) could not say should be given a high priority by this very helpful to our veterans, particu- it better. Congress. larly in line with the rate of increases And just in closing, Mr. Speaker, as Right now we have Americans, most in the private sector. The hospitaliza- we close, we want to make sure that we of them young, but many of them in tion is a big benefit to them, and yet want people to go on to find out more their 30s and 40s and even some in their this administration would sink to cut about not only what House Democrats 50s fighting for us in Iraq and in Af- those benefits by double the pay for are talking about, but as it relates to ghanistan, and there are soldiers scat- those benefits. So we have got a lot to our tour throughout the country. It is tered in other places around this work to do. democraticleader.house.gov/ Earth. They are putting their lives on What do we tell the people back 30something. Also, we would close with the line for us, and many have in the home in places like Quincy, Illinois, the message that Democrats want to past put their lives on the line. They who have a State nursing home run by strengthen Social Security without have lost their lives, many have, and the State, but pay partial per diem slashing benefits to Americans that others have lost their health, lost their each day? What are we going to do with

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H513 these people who have no place else to conditions are not directly related to lion for veterans’ medical care, which go and join the ranks of the unem- their military service, and they are would be $3.4 billion more than the ployed? What are we going to tell those high income. President has requested. We are also people who need that prescription drug Some of these veterans could make united,’’ the press release says, ‘‘in op- benefit that it is doubling its cost to as little as $22,000 a year, and they were posing new fees and higher copayments them? When are we going to talk about called high income. So the VA said on certain veterans, because the ad- the educational benefits that rarely get these people cannot receive VA health ministration wants to impose a new talked about here? And it is a sad story care services now. There are just too $250 annual user fee on certain vet- because our veterans need help in that many people coming in for service. We erans, and veterans under this Presi- way too. do not have enough money to provide dent’s budget will see their prescrip- People that went into the Armed that service; so we will ration VA tion drug copayments more than dou- Forces did so out of the highest patri- health care service. ble, going from $7 to $15 a prescription. otic obligation, and they wanted to do I thought that was reprehensible, There will be belt tightening at VA it. That may sound ridiculous in light quite frankly. I still do. But see what is hospitals.’’ of what happens to so many veterans happening in this budget. At a time Then the press release concludes this that they would be so strong and proud when we are at war, right now as we way: ‘‘This budget proposal is bad news all these years that they still remain stand here in the safety of the people’s for the Nation’s veterans, made even patriots today. As a Congressman, I do Chamber, the House of Representa- more distressing in the light of war in not know what I am going to tell peo- tives, at this very moment there are Iraq and military operations in Af- ple when I go back home. I am going to soldiers in Afghanistan and in Iraq ghanistan and elsewhere.’’ go back home and meet these people risking their lives. We have lost over That is what the disabled American who are affected by this every day. 1,440 soldiers. We have had thousands Veterans have to say about President Every day people living in cars, living and thousands injured. We have got Bush’s budget. in abandoned parts of the cities. We soldiers coming back nearly every day I see my good friend, the gentle- can do much better than this, it seems to the United States with these ter- woman from the great State of Florida to me. And that is why I applaud the rible injuries; and the President of the (Ms. CORRINE BROWN), a member of the gentleman for yielding to me. I look United States, the Commander in Committee on Veterans’ Affairs. I yield forward to working with him in the Chief, the man who made the decision to the gentlewoman. committee. He has been a really good to send these troops into war, has sent Ms. CORRINE BROWN of Florida. member, and I appreciate his time and us a budget; and in his budget he woe- Mr. Speaker, I want to first of all his interest on this issue. fully underfunds VA health care. It thank the gentleman and the ranking Mr. STRICKLAND. Mr. Speaker, re- does not make sense. member, the gentleman from Illinois claiming my time, I thank the gen- Some people may be listening and (Mr. EVANS) for holding this special tleman from Illinois (Mr. EVANS), our may be thinking, That Ted Strickland order. ranking member on the Committee on is a Democrat; so he is just leading this Mr. Speaker, I want to ask the gen- Veterans’ Affairs, not only for serving partisan attack on the President or on tleman a question. I know I will get an on the committee but for his service to the Republicans because he is a Demo- opportunity to speak. But I was read- this country and for his continuing crat. ing an article concerning the Under service as a veteran. I want to share some press releases Secretary of Defense David Chu, and he I think it is time for some straight that have been issued within the last said that the organizations that the talk about what is being done for vet- couple of days, not from me but from gentleman was pointing to, the VA or- erans. There may be some veterans lis- our veteran service organizations. For ganizations, have been too successful tening tonight. I hope there are. There example, I have a press release that in lobbying Congress and that we are may be some family members of vet- was issued by the Disabled American taking money that should go to the erans listening or probably just Ameri- Veterans. The DAV, the Disabled military for weapons and we are giving cans who may not know any veterans, American Veterans, is an organization it to the veterans. but who are concerned that this Nation that has 1.2 million members. It was Can the gentleman expound on that do the right thing. founded in 1920, and it is a chartered for me? I think a pattern is developing in this organization, chartered by the United Mr. STRICKLAND. Well, reclaiming country, certainly within this Con- States Congress, and it represents our my time, Under Secretary Chu should gress. I first noticed it at least a couple Nation’s wartime disabled veterans. be reprimanded by the President. of years ago when the Veterans Admin- And they issued a news release describ- Ms. CORRINE BROWN of Florida. istration put out a gag order. It was a ing the President’s VA budget pro- Fired, excuse me. change in policy that went out to all of posals. The heading is the ‘‘President’s Mr. STRICKLAND. Fired would be the health care providers at VA hos- Budget Bad News for Sick and Disabled okay with me as well. This man, who is pitals and facilities across this coun- Veterans.’’ I would just like to share the part of the Pentagon, really said try, and it was a dramatic change in some of the comments that the DAV that money going to America’s vet- policy. And this gag order instructed has shared in their press release: erans was interfering with our ability the doctors and nurses and social work- ‘‘The administration has proposed to defend our country. ers who work at our VA facilities to one of the most tight-fisted miserly Well, it is almost laughable. If it was stop proactively disseminating infor- budgets for veterans programs in re- not something that had been said by a mation to veterans regarding the serv- cent memory, said the 1.2 million very high person within the adminis- ices they were legally entitled to remember Disabled American Veterans. tration, we would just ignore it and ceive under the laws that had been It is making health care more expen- discount it. passed by this Congress. sive, and it is making health care less I can tell you this: The National For example, they were told they accessible to millions of America’s de- Commander of the American Legion could not participate in community fenders . . . ‘As a result’’’ of this budg- has written a letter strongly objecting health fairs. They were told they could et, ‘‘ ‘VA facilities across the country to what Mr. Chu has said. But this is not make public service announce- will cut staff and they will limit serv- just an example of the kind of dis- ments urging veterans to take advan- ices even as the number of veterans regard we find within this administra- tage of their legal benefits. That trou- seeking care is on the rise.’’’ tion when it comes to veterans. There bled me. But matters have gotten This is not me talking. This is the is an attack upon America’s veterans worse. Then the VA made the decision Disabled American Veterans talking. within this administration. I do not that they were going to create a brand- know if it is coming from the Presi- new category of veterans, call them b 2100 dent, but the President is the Com- Priority 8’s. And they said these vet- It says, ‘‘The DAV and other major mander-in-Chief, and he is the one who erans are sick, they have illnesses, veterans organizations are united in has the responsibility to stop it. He they need medical attention; but their calling on Congress to provide $31.2 bil- needs to stop it.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H514 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Ms. CORRINE BROWN of Florida. If foreign aid bill, which is an increase of President of the United States, George the gentleman would yield further, let $2.1 billion. Washington, whose words are worth re- me just read the statement. ‘‘Aggres- Now, I am not saying that all foreign peating at this time. ‘‘The willingness sive lobbying by veterans groups that aid is wrong or bad or should not take with which our young people are likely brought about medical care for retired place, but I am troubled when we are to serve in any war, no matter how jus- military health brings about this great taking American tax dollars and we are tified, shall be directly proportioned as drain on fighting wars, Chu said in the increasing significantly the amount of to how they perceive the veterans of article. He described it as painful to our foreign aid by $2.1 billion, and we earlier wars are treated and appre- move moneys for new weapons pro- are only increasing the budget for VA ciated by their country.’’ grams to accounts that fund health care by four-tenths of one per- Now, I think that is very profound. In TRICARE.’’ cent. other words, how we treat our veterans Mr. STRICKLAND. Mr. Speaker, re- Mr. Speaker, I shared the press re- today will determine whether our claiming my time, people can listen to lease from the Disabled American Vet- young people will enlist and commit his words and make their own judg- erans. I would like to share some infor- themselves to go to war to fight for our ments about what he has said. I, quite mation from the Paralyzed Veterans of great country. Profound, does the gen- frankly, think it is shameful. America. The Paralyzed Veterans of tleman not think? Ms. CORRINE BROWN of Florida. If America was founded in 1946. It is the Mr. STRICKLAND. Well, I think it the gentleman would yield further, my only Congressionally chartered vet- is. That may explain why there seem to question to the gentleman is I agree erans organization which is dedicated be some problems developing with the that we have a budget, and you deter- solely for the benefit of individuals enrollments. I think people are watch- mine something about the people of a with spinal cord injuries or disease. ing what this government is doing, and country how you use that budget. It is Here is what the Paralyzed Veterans as they feel like promises are not being clear to me that this President, Presi- of America had to say about President kept, I think they have just reason for dent Bush, his priority is for the people Bush’s budget: ‘‘Paralyzed Veterans of questioning whether or not this Nation that funded his campaign. It is not a America calls the administration’s would really value and prize their serv- matter of whether we should fund budget proposal woefully inadequate, ice to the country. weapons or supplies that our troops forcing some veterans to pay for the Ms. CORRINE BROWN of Florida. If need or whether we should take care of health care of others by increasing fees the gentleman will yield further, for the veterans who have taken care of us and copayments.’’ the last 4 years, every year we have for so many years and who need us in Then I will read from the press re- had to go through this dance, and pre- their twilight. It is these tax cuts that lease. It says, ‘‘The release of the fiscal dominantly the Democrats have had to this administration wants to make per- year 2006 budget request by the admin- fight to increase these budgets. But manent. That is the problem. It is a istration demonstrates a callous dis- this year, I guess after the election and matter of priorities. regard for the services of America’s after the President and his party have I mentioned earlier today that Valen- veterans and represents another at- flim-flammed the American people, the tine’s Day is coming up. Everybody tempt to place the burden of needed gloves are off. They do not care. wants to show you some love. If you funding increases on the backs of dis- Mr. STRICKLAND. Reclaiming my love me, you are going to send me flow- abled and sick veterans. ’I do not un- time, I do think this year is different ers or spend some money on me, you derstand where their priorities are,’ than in past years, because in past are going to take me out to dinner. But said Andy Pleva, the National Presi- years, this House is controlled by Re- it is clear that the Bush administra- dent of the Paralyzed Veterans of publicans. That means every com- tion does not love these veterans. In America. He says, ’at a time when mittee has a Republican as the Chair of other words, they talk a great talk, but more and more service members are re- that committee. they do not walk the walk or they do turning from Iraq and Afghanistan in For the last 4 years, the veterans of not roll the roll. If you look at their need of health care and when aging vet- this country have had a friend in the budget, the budget priorities are to erans of previous wars are turning to chair’s position, the gentleman from their rich friends that funded their the VA for their medical needs, the ad- New Jersey (Mr. SMITH). campaign coffers, and not to the vet- ministration proposes a basically flat The gentleman from New Jersey (Mr. erans that need them. budget, with the only increases coming SMITH) was a member of the Com- I come from a district where the vet- out of the veterans’ pockets. This is mittee on Veterans’ Affairs for 24 erans are not the richest in the coun- not acceptable.’’’ years. For almost a quarter of a cen- try. In fact, one-third of the homeless Mr. Speaker, the Paralyzed Veterans tury this man served on the Committee people are veterans that have fallen of America speculate that if the Presi- on Veterans’ Affairs. He had served as through the safety net. They are not dent’s budget is enacted, if higher pre- the chair of the committee for the last getting the health care they need or scription drug costs are included and if 4 years. the mental health counseling or the job enrollment fees are demanded, the re- Quite frankly, when the President opportunities. It is a failure. The rich- sult will be to drive veterans out of the tried in the past to impose a user fee of est country in the world, and we are system. In fact, the Veterans Adminis- $250 a year and when he tried to in- trying to put the burdens of the war on tration itself estimates that as a result crease the cost of a prescription drug the veterans. Help me, somebody. of the increased fees, 213,000 veterans from $7 to $15, the gentleman from New Mr. STRICKLAND. Mr. Speaker, re- will leave the health care system next Jersey (Mr. SMITH) as the Republican claiming my time, talking about prior- year. chairman was effective in keeping ities, I will just share this bit of infor- I want to tell you, many of these vet- those increases from being enacted. mation. When one discounts the addi- erans are of limited income, they are Well, what did they do to the gen- tional moneys that the VA will get sick, they are in need of medical care tleman from New Jersey (Mr. SMITH)? from imposing user fees and increased and they may not be able to get it else- At the beginning of this Congress the copayments for prescription drugs on where. Yet this Nation, this adminis- Republican leadership in this House our veterans, we find that the increase tration, this Congress, if this budget is called the gentleman from New Jersey in the VA budget is four-tenths of one enacted, will be responsible for turning (Mr. SMITH) in, according to newspaper percent, four-tenths of one percent. these veterans away, and the American reports, and they basically stripped Now, I think it is interesting to know people I think do not want that to hap- him of his position as the Chair of the that the American Legion and other pen. Committee on Veterans’ Affairs. But veterans groups have requested $3.5 bil- As I said earlier, I truly believe that not only that, they took him off the lion as an increase in health care the American people want this Nation entire committee, a committee he spending for VA health care for fiscal to care for its veterans. served on for 24 years. year 2006. They have requested an addi- Ms. CORRINE BROWN of Florida. If I wonder, where were the friends of tional $3.5 billion. The President is pro- the gentleman will yield further, I am the gentleman from New Jersey (Mr. posing a $9.5 billion foreign aid bill, reminded of the words of the first SMITH) in this Chamber? I say to my

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H515 friend from Florida, if the Democratic with this administration and with this you cannot really be an independent leadership were to treat you like that, Republican leadership, it was just not spokesperson for your people. I would stand up and say, ‘‘This will acceptable. I want to tell my colleague, I would not happen.’’ Now, people may be listening and urge my colleagues, I would urge the Where were the friends of the gen- they may be thinking, there goes TED friends of the gentleman from New Jer- tleman from New Jersey (Mr. SMITH)? STRICKLAND again. He is that Demo- sey (Mr. SMITH) here in this Chamber The gentleman from New Jersey (Mr. crat, he is trying to beat up on the Re- and around this country to have the SMITH), in my judgment, is the leading publicans. Listen, I want to say to my courage to speak up and speak out and pro-life representative in this entire colleagues that if my Democratic lead- say, what was done to CHRIS SMITH is Chamber. He is a man of impeccable ership was doing this, I would be as wrong. He is a good man, a good per- credentials. He is a humanitarian. He upset as I am with the Republican lead- son. The only thing he did, the only has been concerned about the violation ership. And these 10 veterans organiza- thing he did was to stand up for vet- of human rights not just here at home, tions, they are not partisan groups. erans. but around the world. These groups exist for the sole purpose Ms. CORRINE BROWN of Florida. of standing up for veterans and vet- Mr. Speaker, I think this is bigger than b 2115 erans needs. CHRIS SMITH in that it is the House of He is a conservative, a conservative, So we are trying to let people know Representatives that we can change in a member of the Republican Party. But this can be stopped. This budget has 2 years; we can change the direction of because he had the gall, because he had not yet been enacted; it has not been this country. And it goes back to elec- the courage to stand up and be an ad- approved. And it is my hope that peo- tions, I have to say it. I mean, what vocate for veterans, the leadership in ple across this country, when they hear happens in an election controls every- the Republican Party stripped him of what was done to CHRIS SMITH and thing we do, from the time you are his chair position and removed him when they hear what these veterans or- born to the time you die and every- from the committee. ganizations say about this budget, will thing in-between. Now, I want to tell my colleagues, call the White House, will call their This veterans budget, I have to say if this was not an accident; this was representatives, will get in touch with it had been Senator KERRY, we never planned. And as word was starting to their Senators and say, this has got to would have received a budget like this, spread that this was going to be done stop. You cannot balance this budget or if it had been any of the Democratic to the gentleman from New Jersey (Mr. or even try to cut the deficit, because candidates and, really, if it had been SMITH), 10 national veterans organiza- there is no attempt to balance the any of the other Republican can- tions in this country got together and budget, obviously; but you cannot cut didates. This administration is totally they wrote a letter to the gentleman this deficit on the backs of America’s insensitive to the needs of the veterans from Illinois (Speaker HASTERT) urging veterans. I yield to my friend. and the people. They talk a great talk, him to protect the gentleman from Ms. CORRINE BROWN of Florida. but they do not walk the walk. They New Jersey (Mr. SMITH) from being Mr. Speaker, the sad thing is that the only care about the 1 percent of the treated in this way. gentleman is talking about the people’s people that contribute to their cam- I will share with my colleagues what House; and the people’s House, under paign, and if you are not writing those 10 organizations were: the Amer- this administration, more so than even checks to the Republican campaign, ican Legion, the Veterans of Foreign when the Republicans took over, but then just forget it. Wars, the Military Order of the Purple under this administration has been run But the veterans can turn this Heart, the Paralyzed Veterans of like a dictatorship. It is very, very sad, around. I know that they can mobilize. America, the Vietnam Veterans of and I am glad that the gentleman from I know what they can do; I have seen it America, the Disabled American Vet- Ohio pointed out what it is that vet- happen in Florida. Once before they cut erans, AMVETS, the Blinded Veterans erans can do. I know the organizations major health care assistance in Flor- Association, the Jewish War Veterans, are talking to their members because ida, and the veterans and organizations and the Noncommissioned Officers. they are talking to me. But they need and groups got together. They called And they wrote Speaker HASTERT and to contact their Member of Congress their Congress people and, let me tell they said, ‘‘On behalf of the Nation’s and let them know, as Senator and my colleague, not only did they put the leading veterans organizations rep- former Governor Chiles used to say, money back; they do not even know resenting over 5 million members, we ‘‘This dog won’t hunt.’’ how it got out. So I know they can do write to urge that Congressman CHRIS Mr. STRICKLAND. Mr. Speaker, I it. SMITH remain chairman of the House want to share another saying with my Mr. STRICKLAND. Mr. Speaker, I Committee on Veterans’ Affairs.’’ They colleague that came from Benjamin made reference earlier this evening to went on to say, ‘‘Over the past 4 years, Franklin. Benjamin Franklin said, ‘‘If a press release from the Disabled Chairman SMITH’s national reputation you act like sheep, the wolves will eat American Veterans and the Paralyzed as the foremost congressional expert you.’’ Veterans of America. There was also a and advocate on veterans issues has Now, I say to my Republican col- press release put out by the American continued to grow. All of our organiza- leagues, if your leadership could do Legion. The national commander, Mr. tions have recognized his extraordinary this to CHRIS SMITH, they can do it to THOMAS Cadmus, made a good point in public service and accomplishments you. Now, you were elected, we were all his press release. He said, ‘‘Veterans’ through our own prestigious awards.’’ elected by over 635,000 or so constitu- health care is an ongoing expense of And then they said, ‘‘In our view,’’ ents. Our obligation is to come up here war.’’ In other words, VA health care is and this is coming from these 10 na- and be the representative of the people not welfare. tional veterans organizations, they who elected us. We are not up here to Ms. CORRINE BROWN of Florida. said, ‘‘In our view, it would be a trag- please the Democratic leadership or No. edy if CHRIS SMITH left the chairman- the Republican leadership or even to Mr. STRICKLAND. VA health care is ship. The unnecessary loss of his lead- please the President; we are up here to something that veterans have earned ership, knowledge, skill, honesty, pas- represent our people. through their service to this country. sion, and work ethic would be a deeply But I want to say this: if you become Ms. CORRINE BROWN of Florida. disturbing development, not just to us, so cowed, if you become so afraid, if Mr. Speaker, it is a contract. It is a but to the millions of veterans across you become so sheep-like that you are contract. When those young men and the country whose lives he has afraid to speak out, for example, as the women in their prime go and fight for touched.’’ gentleman from New Jersey (Mr. us and serve for us, we owe them. They And did Speaker HASTERT listen to SMITH) spoke out in defense of veterans should not be fighting for the guar- these veterans organizations? Abso- health care, if you are so afraid that antee that we promised them, basic lutely not. It did not matter. He was an they are going to take away your health care, and yet, these copayments advocate for veterans. He wanted to chairmanship or they are somehow and these fees, they cannot afford it. adequately fund VA health care. Well, going to punish you politically, then They live on a fixed income.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H516 CONGRESSIONAL RECORD — HOUSE February 9, 2005 Mr. STRICKLAND. That is right. Representatives makes. I think that is political brochures, you see political Mr. Speaker, concluding the press re- a pretty good income. I think the gen- commercials and you see the President lease that was put out by the American tlewoman and I and other Members of standing on a platform with flags on Legion, the national commander said this Chamber ought to be able to go the ground and veterans standing this, and I am quoting: ‘‘No active duty out and buy our prescription medica- around him. service member in harm’s way should tions or we could pay an increased I will admit, I like to be with vet- ever have to question the Nation’s copay, but many of the veterans that I erans too, and I like to have veterans commitment to veterans. This is the represent are fairly poor. In fact, most, support me. But the fact is I think all wrong message at the wrong time to most of the people in my district are the veterans, one of the ways they can the wrong constituency.’’ And I would struggling economically. But these vet- fight back is they can say, you know, just repeat again, we have lost well erans, many take 10 or 12 or 15, some we will not get our picture made with over 1,440 lives in Iraq. that many prescriptions a month, and any politician who does not support us. Ms. CORRINE BROWN of Florida. to take and increase the cost from $7 to No more pictures, no more being on a But, sir, if the gentleman will yield, $15 a prescription, if they have 10 pre- platform. If the Representative or the how many have been wounded? How scriptions, that is a lot of money. Senator or the President does not sup- many have been disabled? They are Some of these veterans may make as port me, then I will not allow myself to going to come back, and then they are little as $22,000 and be considered, as be used in a picture or in a political not in the military system, they are in some of the newspapers refer to them, brochure or in a political commercial the VA system. How will the VA sys- as higher income. Well, I think $150,000 to support that man or woman. tem handle them when they are pro- that we make is higher income; I do I think it is time that veterans start posing to cut out thousands of nurses? not think $22,000 is higher income. playing hard ball with us, because the Now, I know the gentleman has the But here we had a President, and I fact is that we do respond to the feed- same problem that I have when they keep going back to the President be- back that we get from our constitu- come to us about how long they have cause, quite frankly, he is, he is the ents. I am just absolutely convinced, I to wait in order to get assistance, and Commander in Chief. He is the one that would say to my friend from Florida, I we have to intervene. For basic assist- crafts the budget. He sends the budget am absolutely convinced that if we ance, they are put on a waiting list, over here to the Congress. The budget were to take a poll of the American and they wait for weeks and months. originates at the White House. It is his people and we were to ask them if they Yet we are going to have all of these budget. So he sends us a budget, and in felt that this country had an obligation veterans, thousands coming back. that budget they very specifically say, to care for those who have fought our The gentleman mentioned the num- veterans ought to pay more for their wars and defended our freedoms, the ber that have been killed, but what medicine; veterans ought to pay a user American people would say, Abso- about those who have been wounded, fee; we are going to have less money lutely, and we support whatever it coming into a system that we are cut- for veterans nursing home care; we are takes to make sure they get the kind ting to the bone. It is a failure. There going to have fewer nurses and other of health care they need. is a Constitution and there is a separa- health care professionals working in So I believe the American people are tion of power. We have a duty as Mem- our VA hospitals; we are going to have on the side of the veterans. And the ad- bers of the Congress, of the people’s to close some hospitals; and, by the ministration may not be, the leaders of House, to deal with this budget. way, we are not going to keep the this House may not be, but the Amer- Mr. STRICKLAND. Mr. Speaker, promise to provide the kind of re- ican people are exactly where they much of what we heard all day here in sources that were necessary to con- should be on this issue. the Chamber and we heard from the struct new and better facilities for our Ms. CORRINE BROWN of Florida. Special Orders that preceded us was veterans. Mr. Speaker, I would say that if we did these are tight budgetary times. Well, a poll, one of those CNN polls or one of they are tight budgetary times because b 2130 those polls that we do every day, and of certain things. These are the facts. These are the ask, Do you want the 1 percent tax cut Now, part of the reason they are facts. done away with to completely fund the tight budgetary times is that we have I would invite any of my colleagues, veterans program, I bet we would get 75 taken our national resources and we Republican or Democrat, to come down or 80 percent saying, Let us fund the have given them to the richest people here to the Chamber and join us to- veteran program. Without a doubt, the in America in the form of tax breaks, night and dispute these facts. These American people want to pay their people who really are doing quite well are the facts, and they need to be ex- debt, and we owe these veterans. already. Is it not ironic that at a time posed, because once the American peo- It is not welfare. It is paying for peo- of war, we would give tax breaks to ple find out what is happening to ple that have stood up for you in their rich, comfortable, wealthy people at America’s veterans, I believe they are prime, and now they need us. And what the very upper end of the income spec- going to be outraged. And I think they are we doing? We are giving tax breaks trum and, at the same time, the Presi- are going to say, this cannot happen. to people that contribute to our cam- dent, and this is the President of the Ms. CORRINE BROWN of Florida. paign. And that really bothers me be- United States, the man who stood right Mr. Speaker, I just want to thank the cause when you talk to the veterans, up there a few days ago and gave the gentleman again for having this special you know that they are vulnerable, State of the Union address, the Com- order tonight and pointing out what they are sick, and they need the assist- mander in Chief, the man who made the veterans can do to turn this ance. the decision to send these soldiers into around. Many of the people that you pass war; that he would send us a budget We in this House cannot do it. We right here in D.C. on the street, home- and in that budget he would ask that can point it out. We can have town hall less, are veterans that the system has the cost of a prescription drug for a meetings in the districts. We will do failed. One-third of the homeless people veteran be increased, be increased from that. We can talk to the groups and or- are veterans. $7 to $15; and he would ask that these ganizations. But I do know that the Mr. STRICKLAND. Mr. Speaker, I veterans have to pay a $250 annual co- veterans have the power to influence just want to say in closing that I think payment. this body and the other body and the what we are talking about here is a Let me say this, and then I will yield White House. If nothing else, they can moral issue. We hear a lot of talk from to my friend. The American people put a circle around that White House politicians these days about moral be- need to know this, and many of them and let them know that Humpty havior and immoral behavior. And do. But we get paid pretty well here in Dumpty must fall. quite frankly, I think that the way we the Chamber. I do not know, I truth- Mr. STRICKLAND. Mr. Speaker, one treat the most vulnerable among us fully do not know the exact dollar of the things that I say to veterans fre- says something about our character. I amount of our salaries, but it is over quently is that all politicians like to be think whether or not we keep the $150,000 that a Member of the House of associated with veterans. You look at promises, the promises that have been

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H517 made to our children, to our older peo- am still waiting to hear from the Defense lives to serve. Benefits, he said, are part of ple, to our veterans says something Department. what helps the military attract and keep the about our character. Aggressive lobbying by veterans groups high-caliber service members in its employ. Of course, these benefits come from all of So I think what we are talking about that brought about medical care for retired military helped bring about this great drain the taxpayers out there and not just vet- here is more than just a political dis- on fighting wars, Chu said in the article. He erans. But there does seem to be a high level agreement or a matter of judgment. I described it as ‘‘painful’’ to move money for of public support for those who are fighting think it says something about the kind new weapons programs to accounts that fund our wars. Do you think those with ribbons of people we are; and I would hope that Tricare, the managed health care system for magnets on their cars will begrudge health those who are responsible for this ter- military personnel and retired service mem- care to those troops who return home? It rible budget would reflect upon this. bers over the age of 65. And, of course, the would seem hard to imagine. Why, some peo- Mr. Speaker, in closing I would just Pentagon official said proposals to reduce ple probably wouldn’t mind throwing in a pickup truck in as part of the package. like to say I am so happy that our good the reservist retirement age from 60 to 55 would also not be a good idea. Mr. STRICKLAND. Mr. Speaker, I ranking member, the gentleman from Chu’s remarks did not go over well with thank my friend. Illinois (Mr. EVANS) is here. The gen- everyone, if you can imagine that. In closing, I just say this. We have tleman has been on the committee for Bob Clements, a retired Air Force briga- said a lot of things tonight. Some of dier general from Carmichael, Calif., said he much longer than I have, so he has the those hearing what we said may object benefit of having the historical point of has a large e-mail network made up of hundreds of veterans. Clements sent out a mes- to what we have said. I would invite view, knowing from whence we have any Member of this Chamber, Repub- come. We appreciate his leadership. sage recently in which, in his words, he ‘‘decided to cut loose’’ on Chu. The retired fight- lican or Democrat, to join us some I would just like to say to my friend er pilot and medic pointed out in an e-mail time next week and we can debate from Florida, I want to thank you for missive he launched that Chu knew that these issues. If my Republican friends taking the time to be here tonight and military retirees had until recently been think that I am being unfair in what I for assisting in this special order. slow to band together to protect their bene- am saying, I would welcome them to I was wondering if the gentlewoman fits. He urged veterans to continue to stand come to this Chamber next week so we has something to say in conclusion. up and fight for their rights. Clements said he also has been around the block enough to can talk back and forth, because these Ms. CORRINE BROWN of Florida. In are serious matters and I do not want conclusion, our work is cut out for us. know that such a high-level official ‘‘is not spouting off’’ on his own. to be unfair to anyone. We know what we have to do to edu- ‘‘I don’t see how these remarks could be But I tell you, I do not want the cate the American people, to turn this made by a subordinate without the secretary President to get by with this budget horrible proposal for these veterans of defense’s and the president’s approval,’’ without its being exposed. I do not around. Clements told me during a phone interview. want the leaders of this House to get I think one of the scriptures that I U.S. Rep. Chet Edwards, D-Waco, said he by and say, these are tough budgetary particularly like is, To whom God has believes Chu was running an idea up the flag- times and everybody has got to take a pole to see whether it gets saluted or picked given much, much is expected. hit. The veterans have already taken a God has been good to America. It is off. Edwards prefers the latter. ‘‘I hope that Secretary Chu doesn’t reflect hit. They have fought our wars. I do important that America is good to the the administration’s position,’’ Edwards told not think they should have to fight for people that have stood up for us me by phone from Washington. ‘‘But if he the health care they need. throughout the years. does, that trial balloon should be shot down Ms. HERSETH. Mr. Speaker, as a member This budget is unacceptable. I re- by howitzers.’’ of the Veterans’ Affairs Committee—and on member talking once to the veterans Edwards, who represented the Army’s mas- behalf of thousands of veterans in South Da- groups and I said, this administration, sive Fort Hood base until Texas Republicans kota—I rise this evening with serious concerns redrew congressional districts in 2003, went the Bush administration, talks a great about what the President’s budget means for talk, but they do not walk the walk. to the House floor after the Journal article hit the streets and denounced Chu’s remarks. our nation’s veterans. And this was the Paralyzed Veterans ‘‘The fact is that we are spending too lit- As Congressman STRICKLAND and other of and they said, They do not roll the roll tle, not too much on our veterans and mili- my colleagues have expressed, fulfilling the either. And that is truth. tary retirees,’’ the congressman told col- government’s obligations to our veterans is a But the key is, we together, Demo- leagues. ‘‘The truth is that last year’s budget moral issue that reflects our national char- crats and Republicans, and particularly for veterans health care did not even keep up acter. At a time in our nation’s history when the veterans’ organizations can turn with inflation. So, in effect, we had a real we are asking young men and women for tre- this around. We really need a dedicated cut in veterans health care spending during mendous service and sacrifice, we must send source of funding. We should not have a time of war. What happened to the principle of shared sacrifice during a time of a clear message to them and their families to deal with this every single year. war?’’ that veterans’ health care is considered an on- Mr. Speaker, the following is an arti- Edwards said Chu’s remarks were a slap in going cost of national security during times of cle entitled ‘‘Veterans Angered By Offi- the face for veterans. both war and peace. That consideration cial’s Comments.’’ ‘‘I find Secretary Chu’s statement to be of- should be reflected in the President’s budget, [From the Tribune-Herald, Feb. 7, 2005] fensive and outrageous,’’ Edwards told me. but it is not. With a new generation of vet- ‘‘It’s offensive to every serviceman and VETERANS ANGERED BY OFFICIAL’S COMMENTS erans coming home from Iraq and Afghani- woman who has ever put on the uniform and (By Richard L. Smith) has been willing to risk their life for their stan, now is the time we should be proving Let me see if I have this straight. We need country.’’ that a promise made is a promise kept. At a to squeeze just a little more sacrifice out of Veterans organizations were also quick to time of tight budgets, it all comes down to pri- our military veterans. Is that it? condemn the statement made by Chu. A orities, and the needs of our country’s vet- That seems to be the implicit message of statement by the American Legion said that erans should be at the top of the priority list, David Chu. He is an economist who spent the the government’s care for its veterans was not at the bottom. better part of the past quarter-century as a part of a moral contract that should not be I am concerned about what the President’s federal bureaucrat. He now directs the Pen- broken. The Military Officers Association of budget means for the men and women who tagon human resource shop as under sec- America, which the Journal article called retary of defense for personnel and readiness. the main force behind retiree benefits, la- have fought to protect our individual and col- Chu managed to outrage some veterans with beled Chu’s assertions as ‘‘baloney.’’ lective freedoms and what the budget means his comments in a Jan. 25, 2005, interview If Chu is the Bush administration’s canary for the dedicated doctors, nurses and other with the Wall Street Journal. in the coal mine of public opinion, then per- personnel in VA medical centers and clinics If you believe Chu, money going for mili- haps we are getting a glimpse of where vet- across the country who strive to provide qual- tary retirement and veterans benefits would erans benefits are headed. Take retirement ity health care to our veterans. The plans to be better spent on weapons. He called the pay for example. Chu said in the article that assess annual enrollment fees for certain vet- amounts of money expended on veterans the 19-year-old enlistee doesn’t care about erans who desire to access care from the VA ‘‘hurtful’’ to the national defense in the annuities. Young GI Joe or Jane would rath- Journal article. er have the cash to buy a ‘‘pickup truck,’’ and to increase co-pays for veterans’ prescrip- I sent a list of questions I had about Chu’s the Defense Department official told the tion medications are unacceptable. remarks by e-mail to the Pentagon. I was Journal. Our veterans deserve better than this budg- told my questions could not be answered by Edwards calls such a contention insulting et, and that is why I am proud to be an origi- my deadline. So I extended my deadline. I to the young men and women who risk their nal cosponsor of Ranking Member LANE

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EVANS’ Assured Funding bill. We should take morrow, Thursday, February 10, 2005, 674. A letter from the Director, Regula- veterans’ health care funding out of annual at 10 a.m. tions Policy and Management Staff, FDA, budget fights as a top priority for our nation. Department of Health and Human Services, f transmitting the Department’s final rule— This weekend, as I return to South Dakota, EXECUTIVE COMMUNICATIONS, Gastroenterology-Urology Devices; Classi- it will be my honor to take part in a home- ETC. fication for External Penile Rigidity Devices coming ceremony for the 147th Artillery unit [Docket No. 1998N–1111] received January 14, from the northeast part of the state. As I meet Under clause 8 of rule XII, executive 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the these brave men and women, I will thank communications were taken from the Committee on Energy and Commerce. them for their service and exchange hand- Speaker’s table and referred as follows: 675. A letter from the Director, Regula- shakes and hugs with them and their family 664. A letter from the Executive Director, tions Policy and Management Staff, FDA, members. Every member of Congress should Commodity Futures Trading Commission, Department of Health and Human Services, transmitting the Commission’s final rule— transmitting the Department’s final rule— be able to tell the troops when they return, Medical Devices; Obstetrical and Gyneco- with certainty, that our government will live up Reporting Levels and Recordkeeping (RIN: 3038–AC08) received January 24, 2005, pursu- logical Devices; Classification of the As- to its obligations in recognition of their service ant to 5 U.S.C. 801(a)(1)(A); to the Committee sisted Reproduction Laser System [Docket to the country. It is the right thing to do. And on Agriculture. No. 2004N–0530] received January 14, 2005, we will continue to fight for those who have 665. A letter from the Congressional Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- served. view Coordinator, APHIS, Department of Ag- mittee on Energy and Commerce. Mr. STRICKLAND. Mr. Speaker, I riculture, transmitting the Department’s 676. A letter from the Director, Regula- yield back the balance of my time. final rule—Asian Longhorned Beetle; Addi- tions Policy and Management Staff, FDA, tion to Quarantined Areas [Docket No. 04– Department of Health and Human Services, LEAVE OF ABSENCE 130–1] received January 31, 2005, pursuant to transmitting the Department’s final rule— By unanimous consent, leave of ab- 5 U.S.C. 801(a)(1)(A); to the Committee on Cardiovascular and Neurological Devices; sence was granted to: Agriculture. Reclassification of Two Embolization De- Mr. NEUGEBAUER (at the request of 666. A letter from the Administrator, Rural vices [Docket No. 2003N–0567] received Janu- Mr. DELAY) for February 8 on account Housing Service, Department of Agriculture, ary 14, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); transmitting the Department’s final rule— to the Committee on Energy and Commerce. of travel delays. 677. A letter from the Director, Regula- Surety Requirements (RIN: 0575–AC60) re- SPECIAL ORDERS GRANTED tions Policy and Management Staff, FDA, ceived January 7, 2005, pursuant to 5 U.S.C. Department of Health and Human Services, By unanimous consent, permission to 801(a)(1)(A); to the Committee on Agri- transmitting the Department’s final rule— address the House, following the legis- culture. Biological Products; Bacterial Vaccines and lative program and any special orders 667. A letter from the Congressional Re- Toxoids; Implementation of Efficacy Review; heretofore entered, was granted to: view Coordinator, Department of Agri- Withdrawal [Docket No. 1980N–0208] received culture, transmitting the Department’s final The following Members (at the re- January 14, 2005, pursuant to 5 U.S.C. rule—Importation of Clementines, Man- quest of Ms. WOOLSEY) to revise and ex- 801(a)(1)(A); to the Committee on Energy and darins, and Tangerines From Chile [Docket tend their remarks and include extra- Commerce. No. 02–081–3] (RIN: 0579–AB77) received De- neous material: 678. A letter from the Director, Office of cember 15, 2004, pursuant to 5 U.S.C. Congressional Affairs, Nuclear Regulatory Mr. BROWN of Ohio, for 5 minutes, 801(a)(1)(A); to the Committee on Agri- Commission, transmitting the Commission’s today. culture. final rule—Emergency Planning and Pre- Ms. WOOLSEY, for 5 minutes, today. 668. A letter from the Under Secretary for paredness For Production And Utilization E AZIO Personnel and Readiness, Department of De- Mr. D F , for 5 minutes, today. Facilites (RIN: 3150–AH00) received January fense, transmitting approval of Colonel Mi- Ms. JACKSON-LEE of Texas, for 5 min- 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to chael J. Lally III, whose name appears on an utes, today. the Committee on Energy and Commerce. Mr. DAVIS of Illinois, for 5 minutes, enclosed list, to wear the insignia of briga- 679. A letter from the Assistant Legal Ad- today. dier general in accordance with title 10, viser for Treaty Affairs, Department of United States Code, section 777; to the Com- State, transmitting copies of international Mr. PALLONE, for 5 minutes, today. mittee on Armed Services. Mr. CUMMINGS, for 5 minutes, today. agreements, other than treaties, entered into 669. A letter from the General Counsel/ by the United States, pursuant to 1 U.S.C. Mr. GENE GREEN of Texas, for 5 min- FEMA, Department of Homeland Security, 112b(a); to the Committee on International utes, today. transmitting the Department’s final rule— Relations. Mr. GEORGE MILLER of California, for Changes in Flood Elevation Determination 680. A letter from the Assistant Legal Ad- 5 minutes, today. [Docket No. FEMA–D–7565] received January viser for Treaty Affairs, Department of Mr. SANDERS, for 5 minutes, today. 24, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to State, transmitting pursuant to the Taiwan the Committee on Financial Services. Ms. HERSETH, for 5 minutes, today. Relations Act, agreements concluded be- 670. A letter from the General Counsel/ tween January 1 and December 31, 2004, pur- Mr. SCOTT of Georgia, for 5 minutes, FEMA, Department of Homeland Security, today. suant to 22 U.S.C. 3301, et. seq; to the Com- transmitting the Department’s final rule— mittee on International Relations. Ms. WATSON, for 5 minutes, today. Suspension of Community Eligibility [Dock- 681. A letter from the Acting Assistant Mr. CUELLAR, for 5 minutes, today. et No. FEMA–7859] received January 24, 2005, Secretary for Legislative Affairs, Depart- The following Members (at the re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of State, transmitting the Depart- quest of Mr. GINGREY) to revise and ex- mittee on Financial Services. ment’s final rule—Schedule of Fees for Con- tend their remarks and include extra- 671. A letter from the General Counsel/ sular Services, Department of State and neous material: FEMA, Department of Homeland Security, Overseas Embassies and Consulates (RIN: transmitting the Department’s final rule— Mr. GINGREY, for 5 minutes, today. 1400–AB94; 1400–AB95) received January 31, Final Flood Elevation Determinations—re- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. FITZPATRICK of Pennsylvania, for ceived January 24, 2005, pursuant to 5 U.S.C. Committee on International Relations. 5 minutes, today. 801(a)(1)(A); to the Committee on Financial 682. A letter from the Acting Assistant Mr. HYDE, for 5 minutes, today. Services. Secretary for Legislative Affairs, Depart- Mr. BOEHNER, for 5 minutes, today. 672. A letter from the General Counsel/ ment of State, transmitting a copy of Presi- (The following Members (at their own FEMA, Department of Homeland Security, dential Determination No. 2005–13 pursuant request) to revise and extend their re- transmitting the Department’s final rule— to Section 1306 of the National Defense Au- marks and include extraneous mate- List of Communities Eligible for the Sale of thorization Act for FY 2003, pursuant to Pub- Flood Insurance [Docket No. FEMA–7774] re- rial:) lic Law 107–314, section 1306; to the Com- ceived January 24, 2005, pursuant to 5 U.S.C. mittee on International Relations. Mr. KINGSTON, for 5 minutes, today. 801(a)(1)(A); to the Committee on Financial 683. A letter from the Chairman, Council of Mr. OWENS, for 5 minutes, today. Services. the District of Columbia, transmitting a f 673. A letter from the Assistant General copy of D.C. ACT 15–746, ‘‘Lot 878 Square 456 Counsel for Regulatory Services, Office of In- Tax Exemption Clarification Act of 2004,’’ ADJOURNMENT novation and Improvement, Department of pursuant to D.C. Code section 1–233(c)(1); to Mr. STRICKLAND. Mr. Speaker, I Education, transmitting the Department’s the Committee on Government Reform. final rule—Scientifically Based Evaluation 684. A letter from the Chairman, Council of move that the House do now adjourn. Methods (RIN: 1890–ZA00) received February the District of Columbia, transmitting a The motion was agreed to; accord- 4, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to copy of D.C. ACT 15–747, ‘‘Labor Relations ingly (at 9 o’clock and 38 minutes the Committee on Education and the Work- and Collective Bargaining Amendment Act p.m.), the House adjourned until to- force. of 2004,’’ pursuant to D.C. Code section 1–

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H519 233(c)(1); to the Committee on Government 2004,’’ pursuant to D.C. Code section 1– mission’s FY 2004 Performance and Account- Reform. 233(c)(1); to the Committee on Government ability Report, as required by The Govern- 685. A letter from the Chairman, Council of Reform. ment Performance and Results Act of 1993 the District of Columbia, transmitting a 698. A letter from the Chairman, Council of and The Accountability of Tax Dollars Act of copy of D.C. ACT 15–754, ‘‘Appointment of the District of Columbia, transmitting a FY 2002; to the Committee on Government the Chief Medical Examiner Amendment Act copy of D.C. ACT 15–752, ‘‘District of Colum- Reform. of 2004,’’ pursuant to D.C. Code section 1– bia Housing Authority Amendment Act of 711. A letter from the General Counsel, 233(c)(1); to the Committee on Government 2004,’’ pursuant to D.C. Code section 1– General Accounting Office, transmitting the Reform. 233(c)(1); to the Committee on Government FY 2004 report of the instances in which a 686. A letter from the Chairman, Council of Reform. federal agency did not fully implement a rec- the District of Columbia, transmitting a 699. A letter from the Chairman, Council of ommendation made by the GAO in connec- copy of D.C. ACT 15–748, ‘‘Incompetent De- the District of Columbia, transmitting a tion with a bid protest decided the prior fis- fendants Criminal Commitment Act of 2004,’’ copy of D.C. ACT 15–768, ‘‘Carver 2000 Low-In- cal year, pursuant to 31 U.S.C. pursuant to D.C. Code section 1–233(c)(1); to come and Senior Housing Project Amend- 3554(e)(2)(2000); to the Committee on Govern- the Committee on Government Reform. ment Temporary Act of 2004,’’ pursuant to ment Reform. 687. A letter from the Chairman, Council of D.C. Code section 1–233(c)(1); to the Com- 712. A letter from the Director of Finance the District of Columbia, transmitting a mittee on Government Reform. and Administration, James Madison Memo- copy of D.C. ACT 15–769, ‘‘Lead-Based Paint 700. A letter from the Chairman, Council of rial Fellowship Foundation, transmitting Abatement and Control Amendment Act of the District of Columbia, transmitting a the Foundation’s financial statements in 2004,’’ pursuant to D.C. Code section 1– copy of D.C. ACT 15–739, ‘‘Long-Term Care compliance with the Accountability of Tax 233(c)(1); to the Committee on Government Insurance Tax Deduction Act of 2004,’’ pursu- Dollars Act of 2002; to the Committee on Reform. ant to D.C. Code section 1–233(c)(1); to the Government Reform. 688. A letter from the Chairman, Council of Committee on Government Reform. 713. A letter from the Office of the District the District of Columbia, transmitting a 701. A letter from the Chairman, Council of of Columbia Auditor, transmitting a report copy of D.C. ACT 15–749, ‘‘Department of the District of Columbia, transmitting a entitled, ‘‘Certification of the Fiscal Year Youth Rehabilitation Services Establish- copy of D.C. ACT 15–762, ‘‘Fiscal Year 2005 2005 Revised Revenue Estimate in Support of ment Act of 2004,’’ pursuant to D.C. Code sec- Southeast Veteran’s Access Housing Inc., the District’s $239,120,000 Obligation Bonds tion 1–233(c)(1); to the Committee on Govern- Budget Support Temporary Amendment Act (Series 2004A and 2004B) and $147,250,000 ment Reform. of 2004,’’ pursuant to D.C. Code section 1– Multimodal General Obligation Bond (Series 689. A letter from the Chairman, Council of 233(c)(1); to the Committee on Government 2004C)’’; to the Committee on Government the District of Columbia, transmitting a Reform. Reform. copy of D.C. ACT 15–758, ‘‘Child in Need of 702. A letter from the Chairman, Council of 714. A letter from the Director, Office of Protection Amendment Act of 2004,’’ pursu- the District of Columbia, transmitting a Management and Budget, transmitting the 2005 Federal Financial Management Report ant to D.C. Code section 1–233(c)(1); to the copy of D.C. ACT 15–740, ‘‘Health Care Om- as required by the Chief Financial Officers Committee on Government Reform. budsman Program Establishment Act of (CFO) Act of 1990, marking the 13th report 690. A letter from the Chairman, Council of 2004,’’ pursuant to D.C. Code section 1– submitted by the Office of Management and the District of Columbia, transmitting a 233(c)(1); to the Committee on Government Budget (OMB) on the government-wide sta- copy of D.C. ACT 15–755, ‘‘Renewable Energy Reform. tus of financial management, pursuant to 31 Portfolio Standard Act of 2004,’’ pursuant to 703. A letter from the Chairman, Council of U.S.C. 3512; to the Committee on Govern- D.C. Code section 1–233(c)(1); to the Com- the District of Columbia, transmitting a ment Reform. mittee on Government Reform. copy of D.C. ACT 15–763, ‘‘Nonprofit Housing 715. A letter from the Administrator, Office 691. A letter from the Chairman, Council of Organizations Tax Exemption Temporary of Management and Budget, transmitting in the District of Columbia, transmitting a Act of 2004,’’ pursuant to D.C. Code section 1– accordance with Section 647(b) of Division F copy of D.C. ACT 15–675, ‘‘Unemployment 233(c)(1); to the Committee on Government of the Consolidated Appropriations Act, FY Compensation Weekly Benefits Amount Reform. 2004, Pub. L. 108–199, the Office’s report on Amendment Act of 2004,’’ pursuant to D.C. 704. A letter from the Chairman, Council of competitive sourcing efforts for FY 2004; to Code section 1–233(c)(1); to the Committee on the District of Columbia, transmitting a the Committee on Government Reform. Government Reform. copy of D.C. ACT 15–761, ‘‘Anacostia Water- 716. A letter from the Director, Fish and 692. A letter from the Chairman, Council of front Corporation Board Expansion Tem- Wildlife Service, Department of the Interior, the District of Columbia, transmitting a porary Amendment Act of 2004,’’ pursuant to transmitting the 2003 annual report on rea- copy of D.C. ACT 15–672, ‘‘Heating Oil Clari- D.C. Code section 1–233(c)(1); to the Com- sonably identifiable expenditures for the fication Act of 2004,’’ pursuant to D.C. Code mittee on Government Reform. conservation of endangered or threatened section 1–233(c)(1); to the Committee on Gov- 705. A letter from the Chairman, Council of species by Federal and State agencies, pursu- ernment Reform. the District of Columbia, transmitting a ant to 16 U.S.C. 1544; to the Committee on 693. A letter from the Chairman, Council of copy of D.C. ACT 15–744, ‘‘Omnibus Public Resources. the District of Columbia, transmitting a Safety Ex-Offender Self-Sufficiency Reform 717. A letter from the Deputy Assistant Ad- copy of D.C. ACT 15–681, ‘‘District of Colum- Amendment Act of 2004,’’ pursuant to D.C. ministrator for Operations, NMFS, National bia Government Purchase Card Program Re- Code section 1–233(c)(1); to the Committee on Oceanic and Atmospheric Administration, porting Requirements Amendment Act of Government Reform. transmitting the Administration’s final 2004,’’ pursuant to D.C. Code section 1– 706. A letter from the Chairman, Council of rule—Fisheries of the Northeastern United 233(c)(1); to the Committee on Government the District of Columbia, transmitting a States; Atlantic Sea Scallop Fishery and Reform. copy of D.C. ACT 15–760, ‘‘Omnibus Utility Northeast Multspecies Fishery; Framework 694. A letter from the Chairman, Council of Amendment Act of 2004,’’ pursuant to D.C. 16 and Framework 39 [Docket No. 04089233– the District of Columbia, transmitting a Code section 1–233(c)(1); to the Committee on 4363–03; I.D.080304B] (RIN: 0648–AR55) re- copy of D.C. ACT 15–683, ‘‘Debarment Proce- Government Reform. ceived January 25, 2005, pursuant to 5 U.S.C. dures Amendment Act of 2004,’’ pursuant to 707. A letter from the Chairman, Council of 801(a)(1)(A); to the Committee on Resources. D.C. Code section 1–233(c)(1); to the Com- the District of Columbia, transmitting a 718. A letter from the Chief, Regulations mittee on Government Reform. copy of D.C. ACT 15–741, ‘‘Rehabilitation and Administrative Law, USCG, Department 695. A letter from the Chairman, Council of Services Program Establishment Act of of Homeland Security, transmitting the De- the District of Columbia, transmitting a 2004,’’ pursuant to D.C. Code section 1– partment’s final rule—Drawbridge Operation copy of D.C. ACT 15–750, ‘‘Douglas Knoll, 233(c)(1); to the Committee on Government Regulations; Christina River, Wilmington, Golden Rule, 1728 W Street, and Wagner Reform. DE [CGD05–04–168] (RIN: 1625–AA09) received Gainesville Real Property Tax Exemption 708. A letter from the Chairman, Chris- Janaury 31, 2005, pursuant to 5 U.S.C. Act of 2004,’’ pursuant to D.C. Code section 1– topher Columbus Fellowship Foundation, 801(a)(1)(A); to the Committee on Transpor- 233(c)(1); to the Committee on Government transmitting pursuant to the Accountability tation and Infrastructure. Reform. of Tax Dollars Act, the Foundation’s quar- 719. A letter from the Chief, Regulations 696. A letter from the Chairman, Council of terly financial statement, as of the first and Administrative Law, USCG, Department the District of Columbia, transmitting a quarter of FY 2005 as prepared by the U.S. of Homeland Security, transmitting the De- copy of D.C. ACT 15–687, ‘‘Procedures for the General Services Administration; to the partment’s final rule—Drawbridge Operation Voluntary Withdrawal from the Market by Committee on Government Reform. Regulations; Biscayne Bay, Atlantic Intra- Carriers Licensed in the District of Columbia 709. A letter from the Chairman, Federal coastal Waterway, Miami River, and Miami to Sell Health Benefit Plans Act of 2004,’’ Election Commission, transmitting the re- Beach Channel, Miami-Dade County, FL pursuant to D.C. Code section 1–233(c)(1); to port in compliance with the Federal Man- [CGD07–04–108] (RIN: 1625–AA09) received the Committee on Government Reform. agers Financial Integrity Act, pursuant to 31 January 31, 2005, pursuant to 5 U.S.C. 697. A letter from the Chairman, Council of U.S.C. 3512(c)(3); to the Committee on Gov- 801(a)(1)(A); to the Committee on Transpor- the District of Columbia, transmitting a ernment Reform. tation and Infrastructure. copy of D.C. ACT 15–738, ‘‘Tax Abatement 710. A letter from the Chairman, Federal 720. A letter from the Chief, Regulations Adjustment for Housing Priority Area Act of Trade Commission, transmitting the Com- and Administrative Law, USCG, Department

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H520 CONGRESSIONAL RECORD — HOUSE February 9, 2005 of Homeland Security, transmitting the De- 730. A letter from the Program Analyst, to establish and rapidly implement regula- partment’s final rule—Special Local Regula- FAA, Department of Transportation, trans- tions for State driver’s license and identi- tion; Annual Gasparilla Marine Parade, mitting the Department’s final rule—IFR Al- fication document security standards, to pre- Hillsborough Bay, Tampa, FL. [CGD 07–05– titudes; Miscellaneous Amendments [Docket vent terrorists from abusing the asylum laws 001] (RIN: 1625–AA11) received January 31, No. 30432; Amd. 452] received January 31, of the United States, to unify terrorism-re- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the lated grounds for inadmissibility and re- Committee on Transportation and Infra- Committee on Transportation and Infra- moval, and to ensure expeditious construc- structure. structure. tion of the San Diego border fence (Rept. 109– 721. A letter from the Chief, Regulations 731. A letter from the Program Analyst, 4). Referred to the House Calendar. and Administrative Law, USCG, Department FAA, Department of Transportation, trans- f of Homeland Security, transmitting the De- mitting the Department’s final rule—Stand- partment’s final rule—Safety Zones; Captain ard Instrument Approach Procedures; Mis- PUBLIC BILLS AND RESOLUTIONS of the Port Buffalo Zone [CGD09–04–140] cellaneous Amendments [Docket No. 30430; Under clause 2 of rule XII, public (RIN: 1625–AA00) received January 31, 2005, Amdt. 3110] received January 31, 2005, pursu- bills and resolutions were introduced pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee and severally referred, as follows: mittee on Transportation and Infrastruc- on Transportation and Infrastructure. By Mr. YOUNG of Alaska (for himself, ture. 732. A letter from the Program Analyst, Mr. OBERSTAR, Mr. PETRI, Mr. 722. A letter from the Chief, Regulations FAA, Department of Transportation, trans- DEFAZIO, Mr. BOEHLERT, Mr. RAHALL, and Administrative Law, USCG, Department mitting the Department’s final rule—Stand- Mr. COBLE, Mr. COSTELLO, Mr. DUN- of Homeland Security, transmitting the De- ard Instrument Approach Procedures; Mis- CAN, Ms. NORTON, Mr. GILCHREST, Mr. partment’s final rule—Regulated Navigation cellaneous Amendments [Docket No. 30403; Area, Chicago Sanitary and Ship Canal, NADLER, Mr. MICA, Mr. MENENDEZ, Amdt. No. 3088] received January 31, 2005, Romeoville, IL [CGD09–05–001] (RIN: 1625– Mr. HOEKSTRA, Ms. CORRINE BROWN of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AA11) received January 31, 2005, pursuant to Florida, Mr. EHLERS, Mr. FILNER, Mr. mittee on Transportation and Infrastruc- 5 U.S.C. 801(a)(1)(A); to the Committee on BACHUS, Ms. EDDIE BERNICE JOHNSON ture. Transportation and Infrastructure. of Texas, Mr. LATOURETTE, Mr. TAY- 733. A letter from the Program Analyst, 723. A letter from the Program Analyst, LOR of Mississippi, Mrs. KELLY, Ms. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- MILLENDER-MCDONALD, Mr. BAKER, mitting the Department’s final rule—Stand- mitting the Department’s final rule—Air- Mr. CUMMINGS, Mr. NEY, Mr. ard Instrument Approach Procedures; Mis- space Designations; Incorporation By BLUMENAUER, Mr. LOBIONDO, Mrs. cellaneous Amendments [Docket No. 30431; Refence [Docket No. 29334; Amendment No. TAUSCHER, Mr. MORAN of Kansas, Mr. Amdt. No. 3111] received January 31, 2005, 71–36] received January 31, 2005, pursuant to PASCRELL, Mr. GARY G. MILLER of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on California, Mr. BOSWELL, Mr. HAYES, mittee on Transportation and Infrastruc- Transportation and Infrastructure. Mr. HOLDEN, Mr. SIMMONS, Mr. BAIRD, ture. 724. A letter from the Program Analyst, Mr. BROWN of South Carolina, Ms. 734. A letter from the Director, Regula- FAA, Department of Transportation, trans- BERKLEY, Mr. JOHNSON of Illinois, Mr. tions Management, National Cemetery Ad- mitting the Department’s final rule—Oper- MATHESON, Mr. PLATTS, Mr. HONDA, ministration, Department of Veterans Af- ating Requirements; Domestic, Flag, and Mr. GRAVES, Mr. LARSEN of Wash- fairs, transmitting the Department’s final Supplement Operations—received January ington, Mr. KENNEDY of Minnesota, rule—Relocation of National Cemetery Ad- 31, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. CAPUANO, Mr. SHUSTER, Mr. ministration Regulations (RIN: 2900–AM10) the Committee on Transportation and Infra- WEINER, Mr. BOOZMAN, Ms. CARSON, received January 31, 2005, pursuant to 5 structure. Mr. PEARCE, Mr. BISHOP of New York, U.S.C. 801(a)(1)(A); to the Committee on Vet- 725. A letter from the Program Analyst, Mr. GERLACH, Mr. MICHAUD, Mr. LIN- erans’ Affairs. FAA, Department of Transportation, trans- COLN DIAZ-BALART of Florida, Mr. 735. A letter from the Acting Chief, Publi- mitting the Department’s final rule—DoD DAVIS of Tennessee, Mr. PORTER, Mr. Commercial Air Carrier Evaluators [Docket cations and Regulations Branch, Internal CHANDLER, Mr. OSBORNE, Mr. HIG- No. FAA–2003–15571; Amendment Nos. 119–8, Revenue Service, transmitting the Service’s GINS, Mr. MARCHANT, Mr. CARNAHAN, 121–286, 135–83] (RIN: 2120–AI00) received Jan- final rule—Elimination of Forms of Distribu- Mr. SODREL, Ms. SCHWARTZ of Penn- uary 31, 2005, pursuant to 5 U.S.C. tion in Defined Contribution Plans [TD 9176] sylvania, Mr. DENT, Mr. SALAZAR, Mr. 801(a)(1)(A); to the Committee on Transpor- (RIN: 1545–BC35) received January 26, 2005, POE, Mr. REICHERT, Mr. MACK, Mr. tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- KUHL of New York, Mr. FORTUN˜ O, Mr. 726. A letter from the Program Analyst, mittee on Ways and Means. WESTMORELAND, and Mr. BOUSTANY): FAA, Department of Transportation, trans- 736. A letter from the Acting Chief, Publi- H.R. 3. A bill to authorize funds for Fed- mitting the Department’s final rule—Regula- cations and Regulations Branch, Internal eral-aid highways, highway safety programs, tion of Fractional Aircraft Ownership Pro- Revenue Service, transmitting the Service’s and transit programs, and for other purposes. grams and On-Demand Operations; Correc- final rule—Check-the-Box Disclosure Au- By Mr. CANNON: tion [Docket No. FAA–2001–10047; Amdt. No. thority—received January 26, 2005, pursuant H.R. 679. A bill to direct the Secretary of 91–274] (RIN: 2120–AH06) received January 31, to 5 U.S.C. 801(a)(1)(A); to the Committee on the Interior to convey a parcel of real prop- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ways and Means. erty to Beaver County, Utah; to the Com- Committee on Transportation and Infra- 737. A letter from the Acting Chief, Publi- mittee on Resources. structure. cations and Regulations Branch, Internal By Mr. CANNON: 727. A letter from the Program Analyst, Revenue Service, transmitting the Service’s H.R. 680. A bill to direct the Secretary of FAA, Department of Transportation, trans- final rule—Appeals Settlement Guideline: Interior to convey certain land held in trust mitting the Department’s final rule—Pyro- Transaction Involving the Use of a Loan As- for the Paiute Indian Tribe of Utah to the technic Signaling Device Requirements sumption Agreement to Claim an Inflated City of Richfield, Utah, and for other pur- [Docket No. FAA–2004–19947; Amendment No. Basis in Assets Acquired from Another poses; to the Committee on Resources. 91–285] (RIN: 2120–AI42) received January 31, Party—received January 26, 2005, pursuant to By Mr. CANNON: 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 681. A bill to amend the Mineral Leas- Committee on Transportation and Infra- Ways and Means. ing Act to authorize the Secretary of the In- structure. 738. A letter from the Acting Chief, Publi- terior to issue separately, for the same area, 728. A letter from the Program Analyst, a lease for tar sand and a lease for oil and FAA, Department of Transportation, trans- cations and Regulations Br., Internal Rev- enue Service, transmitting the Service’s gas, and for other purposes; to the Com- mitting the Department’s final rule—Mis- mittee on Resources. cellaneous Cabin Safety Changes [Docket final rule—Life Insurance Contract Defined (Rev. Rul. 2005–6) received January 24, 2005, By Mr. MANZULLO (for himself, Mr. No. FAA–2004–19412, Amendment Nos. 25–116 CHABOT, Mr. KING of Iowa, Mr. WEST- and 121–306] (RIN: 2120–AF77) received Janu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Ways and Means. MORELAND, Mr. PENCE, Mr. AKIN, and ary 31, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. KELLER): to the Committee on Transportation and In- f H.R. 682. A bill to amend chapter 6 of title frastructure. REPORTS OF COMMITTEES ON 5, United States Code (commonly known as 729. A letter from the Program Analyst, the Regulatory Flexibility Act), to ensure FAA, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS complete analysis of potential impacts on mitting the Department’s final rule—Revi- Under clause 2 of rule XIII, reports of small entities of rules, and for other pur- sion of Emergency Evacuation Demonstra- committees were delivered to the Clerk poses; to the Committee on the Judiciary, tion Procedures to Improve Participant for printing and reference to the proper and in addition to the Committee on Small Safety [Docket No. FAA–2004–19629, Amend- Business, for a period to be subsequently de- ment Nos. 25–117 and 121–307] (RIN: 2120– calendar,a as follows: termined by the Speaker, in each case for AF21) received January 31, 2005, pursuant to Mr. SESSIONS: Committee on Rules. consideration of such provisions as fall with- 5 U.S.C. 801(a)(1)(A); to the Committee on House Resolution 75. Resolution providing in the jurisdiction of the committee con- Transportation and Infrastructure. for further consideration of the bill (H.R. 418) cerned.

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H521 By Mr. SMITH of Texas: each case for consideration of such provi- in each case for consideration of such provi- H.R. 683. A bill to amend the Trademark sions as fall within the jurisdiction of the sions as fall within the jurisdiction of the Act of 1946 with respect to dilution by blur- committee concerned. committee concerned. ring or tarnishment; to the Committee on By Mr. BARTLETT of Maryland (for By Mrs. JO ANN DAVIS of Virginia the Judiciary. himself, Mr. AKIN, Mr. PAUL, Mr. (for herself and Mrs. CAPPS): By Mr. THOMAS: PITTS, Mr. WILSON of South Carolina, H.R. 697. A bill to amend title 5, United H.R. 684. A bill to amend title 28, United Mrs. CUBIN, Mr. KING of Iowa, Mr. States Code, to create a presumption that States Code, to provide an additional bank- FLAKE, Mr. DOOLITTLE, Mr. OTTER, disability of a Federal employee in fire pro- ruptcy judge for the eastern district of Cali- Mrs. JO ANN DAVIS of Virginia, Mr. tection activities caused by certain condi- fornia, and for other purposes; to the Com- SAM JOHNSON of Texas, Mr. GARRETT tions is presumed to result from the perform- mittee on the Judiciary. of New Jersey, Mr. JONES of North ance of such employee’s duty; to the Com- By Mr. SENSENBRENNER (for him- Carolina, Mr. TERRY, Mr. mittee on Education and the Workforce. self, Mr. AKIN, Mr. BLUNT, Mr. BUR- HENSARLING, Mr. NORWOOD, Mr. MAN- By Mr. DEAL of Georgia (for himself, TON of Indiana, Mr. BUYER, Mr. CAN- ZULLO, Mr. LEWIS of Kentucky, Mr. Mr. BURTON of Indiana, Mrs. JO ANN NON, Mr. CANTOR, Mr. CASTLE, Mr. PENCE, Mr. GUTKNECHT, Mr. MILLER DAVIS of Virginia, Mr. GINGREY, Mr. CHABOT, Mr. COBLE, Mr. DREIER, Mr. of Florida, Mr. FEENEY, Mr. REHBERG, KINGSTON, Mr. ROHRABACHER, Mr. ENGLISH of Pennsylvania, Mr. GOODE, Mr. MCHENRY, Mr. HOSTETTLER, Mr. SMITH of Texas, Mr. JONES of North Ms. HART, Mr. FRANKS of Arizona, CULBERSON, Mrs. DRAKE, Mr. WEST- Carolina, Mr. NORWOOD, Mr. BAKER, Mr. HOSTETTLER, Mr. JENKINS, Mr. MORELAND, Mr. BARRETT of South Mr. BARTLETT of Maryland, Mr. DUN- KING of Iowa, Mr. KENNEDY of Min- Carolina, Mr. CARTER, Mr. CHABOT, CAN, Mr. GARRETT of New Jersey, Mr. nesota, Mr. KOLBE, Mr. LATOURETTE, Mr. COX, Mr. CONAWAY, Mr. GOODE, Mr. MANZULLO, Mr. GARY G. Mr. OTTER, Ms. PRYCE of Ohio, Mr. NEUGEBAUER, Mr. SENSENBRENNER, MILLER of California, and Mr. REYNOLDS, Mr. ROGERS of Michigan, Mr. KLINE, Mr. GINGREY, Mr. BURTON TANCREDO): H.R. 698. A bill to amend the Immigration Mr. ROYCE, Mr. RYUN of Kansas, Mr. of Indiana, and Mr. LINDER): SESSIONS, Mr. SIMPSON, Mr. SMITH of H.R. 689. A bill to amend the Federal Elec- and Nationality Act to deny citizenship at Texas, Mr. WAMP, Mr. GARY G. MIL- tion Campaign Act of 1971 to repeal the re- birth to children born in the United States of LER of California, Mr. TERRY, Mr. quirement that persons making disburse- parents who are not citizens or permanent BOUCHER, Mr. ANDREWS, Mr. GOOD- ments for electioneering communications resident aliens; to the Committee on the Ju- LATTE, Mr. DANIEL E. LUNGREN of file reports on such disbursements with the diciary. California, Mr. FEENEY, Mr. LINDER, Federal Election Commission and the prohi- By Ms. DEGETTE (for herself, Mr. CAS- Mr. BOEHNER, Mr. PLATTS, Mr. bition against the making of disbursements TLE, Mr. BECERRA, and Mr. WELDON of OXLEY, Mr. PENCE, Mr. LEWIS of Ken- for electioneering communications by cor- Pennsylvania): H.R. 699. A bill to amend title XIX of the tucky, Mr. KELLER, Mr. FOLEY, Mr. porations and labor organizations, and for CROWLEY, Mr. SMITH of Washington, Social Security Act to include podiatrists as other purposes; to the Committee on House physicians for purposes of covering physi- Mrs. BIGGERT, Mr. ISSA, Mr. BAKER, Administration. cians services under the Medicaid Program; Mrs. BLACKBURN, Mr. DAVIS of Flor- By Mr. BARTLETT of Maryland: to the Committee on Energy and Commerce. ida, Ms. HOOLEY, Mr. GILLMOR, Mr. H.R. 690. A bill to amend the National By Mrs. EMERSON (for herself, Mr. DENT, Mr. BARTLETT of Maryland, Trails System Act to authorize an additional BROWN of Ohio, Mrs. NORTHUP, Mr. Mr. BACHUS, Mr. NEY, Mrs. category of national trail known as a na- BERRY, Mr. WAMP, Mr. ALLEN, Mr. MUSGRAVE, and Mr. TIBERI): tional discovery trail, to provide special re- H.R. 685. A bill to amend title 11 of the MOORE of Kansas, and Mr. SANDERS): quirements for the establishment and admin- H.R. 700. A bill to amend the Federal Food, United States Code, and for other purposes; istration of national discovery trails, and to to the Committee on the Judiciary, and in Drug, and Cosmetic Act with respect to the designate the cross-country American Dis- importation of prescription drugs, and for addition to the Committee on Financial covery Trail as the first national discovery Services, for a period to be subsequently de- other purposes; to the Committee on Energy trail; to the Committee on Resources. and Commerce. termined by the Speaker, in each case for By Mr. BILIRAKIS: consideration of such provisions as fall with- By Mr. ENGLISH of Pennsylvania: H.R. 691. A bill to ensure the availability of H.R. 701. A bill to amend the Federal Elec- in the jurisdiction of the committee con- spectrum to amateur radio operators; to the tion Campaign Act of 1971 to prohibit an au- cerned. Committee on Energy and Commerce. thorized committee of a winning candidate By Mr. CUMMINGS (for himself and By Mr. BILIRAKIS: for election for Federal office which received UPPERSBERGER): Mr. R H.R. 692. A bill to amend title 5, United a personal loan from the candidate from H.R. 686. A bill to amend title XVIII of the States Code, to provide that the Civil Serv- making any repayment on the loan after the Social Security Act to provide whistleblower ice Retirement and Disability Fund be ex- date on which the candidate begins serving protection to employees of clinical labora- cluded from the Federal budget; to the Com- in such office; to the Committee on House tories who furnish services under the Medi- mittee on the Budget, and in addition to the Administration. care Program, and for other purposes; to the Committee on Government Reform, for a pe- By Mr. ENGLISH of Pennsylvania: Committee on Energy and Commerce, and in riod to be subsequently determined by the H.R. 702. A bill to amend the Federal Elec- addition to the Committee on Ways and Speaker, in each case for consideration of tion Campaign Act of 1971 to prohibit the use Means, for a period to be subsequently deter- such provisions as fall within the jurisdic- of any contribution made to a candidate for mined by the Speaker, in each case for con- tion of the committee concerned. election for Federal office, or any donation sideration of such provisions as fall within By Mr. BUTTERFIELD: made to an individual as support for the in- the jurisdiction of the committee concerned. H.R. 693. A bill to amend title 38, United dividual’s activities as the holder of a Fed- By Mr. BAKER (for himself, Mr. States Code, to require Department of Vet- eral office, for the payment of a salary to the MCCRERY, Mr. ALEXANDER, Mr. erans Affairs pharmacies to dispense medica- candidate or individual or to any member of PLATTS, Mr. BOUSTANY, Mr. BOUCHER, tions to veterans for prescriptions written by the immediate family of the candidate or in- Mr. JINDAL, Mr. GOODE, Mr. FORBES, private practitioners, and for other purposes; dividual; to the Committee on House Admin- Mr. MELANCON, and Mr. WOLF): to the Committee on Veterans’ Affairs. istration. H.R. 687. A bill to establish a commission By Mr. CLYBURN (for himself, Mr. By Mr. GARRETT of New Jersey: to commemorate the sesquicentennial of the BROWN of South Carolina, Mr. WILSON H.R. 703. A bill to amend the Internal Rev- American Civil War; to the Committee on of South Carolina, Mr. MCINTYRE, Mr. enue Code of 1986 to modify the alternative Government Reform. KINGSTON, Mr. CRENSHAW, Ms. minimum tax on individuals by permitting By Mr. BARRETT of South Carolina: CORRINE BROWN of Florida, and Mr. the deduction for State and local taxes and H.R. 688. A bill to amend the Immigration MICA): to adjust the exemption amounts for infla- and Nationality Act to bar the admission, H.R. 694. A bill to enhance the preservation tion; to the Committee on Ways and Means. and facilitate the removal, of alien terrorists and interpretation of the Gullah/Geechee By Mr. GIBBONS (for himself and Ms. and their supporters and fundraisers, to se- cultural heritage, and for other purposes; to BERKLEY): cure our borders against terrorists, drug the Committee on Resources. H.R. 704. A bill to amend the Help America traffickers, and other illegal aliens, to facili- By Mr. CONYERS: Vote Act of 2002 to require a voter-verified tate the removal of illegal aliens and aliens H.R. 695. A bill to amend the Sherman Act permanent record or hardcopy under title III who are criminals or human rights abusers, to make oil-producing and exporting cartels of such Act, and for other purposes; to the to reduce visa, document, and employment illegal; to the Committee on the Judiciary. Committee on House Administration. fraud, to temporarily suspend processing of By Mr. CONYERS: By Mr. GILCHREST (for himself and certain visas and immigration benefits, to H.R. 696. A bill to establish grants to im- Mr. OLVER): reform the legal immigration system, and prove and study the National Domestic Vio- H.R. 705. A bill to amend title 49, United for other purposes; to the Committee on the lence Hotline; to the Committee on the Judi- States Code, to require phased increases in Judiciary, and in addition to the Committee ciary, and in addition to the Committee on the fuel efficiency standards applicable to on Homeland Security, for a period to be Education and the Workforce, for a period to light trucks; to require fuel economy stand- subsequently determined by the Speaker, in be subsequently determined by the Speaker, ards for automobiles up to 10,000 pounds

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gross vehicle weight; to increase the fuel Mr. KUCINICH, Mr. MILLER of Florida, as authorized by the Trade Sanctions Reform economy of the Federal fleet of vehicles, and Mr. AKIN, Mr. PAUL, Mr. MORAN of and Export Enhancement Act of 2000; to the for other purposes; to the Committee on En- Virginia, Mr. GOODE, Mr. OTTER, Mr. Committee on International Relations, and ergy and Commerce, and in addition to the GUTKNECHT, Mr. BOOZMAN, and Mrs. in addition to the Committees on the Judici- Committee on Government Reform, for a pe- CHRISTENSEN): ary, Financial Services, and Agriculture, for riod to be subsequently determined by the H.R. 712. A bill to amend title XVIII of the a period to be subsequently determined by Speaker, in each case for consideration of Social Security Act to exclude coverage of the Speaker, in each case for consideration such provisions as fall within the jurisdic- drugs prescribed for the treatment of impo- of such provisions as fall within the jurisdiction of the committee concerned. tence under the Medicare prescription drug tion of the committee concerned. By Mr. HEFLEY (for himself, Mr. benefit; to the Committee on Energy and By Mr. NADLER: TANCREDO, Mr. BEAUPREZ, Mr. UDALL Commerce, and in addition to the Committee H.R. 720. A bill to provide for income tax of Colorado, Mr. SALAZAR, Mrs. on Ways and Means, for a period to be subse- treatment relating to certain losses arising MUSGRAVE, and Ms. DEGETTE): quently determined by the Speaker, in each from, and grants made as a result of, the H.R. 706. A bill to amend title 28, United case for consideration of such provisions as September 11, 2001, terrorist attacks on New States Code, to provide for an additional fall within the jurisdiction of the committee York City; to the Committee on Ways and place of holding court in the District of Colo- concerned. Means. rado; to the Committee on the Judiciary. By Mr. LEWIS of Kentucky (for him- By Mr. NEUGEBAUER: H.R. 721. A bill to amend the Federal Crop By Mr. ISRAEL: self, Mr. KINGSTON, Mr. BERRY, Mrs. H.R. 707. A bill to amend the Harmonized Insurance Act to require the Federal Crop CUBIN, Mr. BISHOP of Georgia, Mr. Tariff Schedule of the United States with re- Insurance Corporation to offer farmers sup- HOSTETTLER, Mr. TERRY, Mr. MCIN- spect to rattan webbing; to the Committee plemental crop insurance based on an area TYRE, Mr. JENKINS, Mr. BUTTERFIELD, on Ways and Means. yield and loss plan of insurance, and for Mr. WHITFIELD, Mr. ENGLISH of Penn- By Ms. EDDIE BERNICE JOHNSON of other purposes; to the Committee on Agri- sylvania, and Mr. ROGERS of Ken- Texas (for herself, Mr. EDWARDS, Mr. culture. tucky): BISHOP of Georgia, Ms. CORRINE By Mr. OBERSTAR (for himself, Mr. H.R. 713. A bill to amend the Internal Rev- BROWN of Florida, Ms. CARSON, Mrs. CUMMINGS, Mr. NADLER, Mr. MICHAUD, enue Code of 1986 to provide a credit to cer- CHRISTENSEN, Mr. DAVIS of Illinois, Mr. LARSEN of Washington, Mr. tain agriculture-related businesses for the Mr. CUMMINGS, Mr. DAVIS of Ala- MATHESON, Mr. CAPUANO, Mr. CHAN- cost of protecting certain chemicals; to the bama, Mr. CONYERS, Mr. HASTINGS of DLER, Ms. CORRINE BROWN of Florida, Committee on Ways and Means. Florida, Mr. JACKSON of Illinois, Ms. Mr. HOLDEN, Ms. MILLENDER-MCDON- By Mrs. MALONEY: JACKSON-LEE of Texas, Mrs. JONES of H.R. 714. A bill to protect the civil rights of ALD, Mr. TAYLOR of Mississippi, Mr. Ohio, Mr. LEWIS of Georgia, Ms. victims of gender-motivated violence and to BLUMENAUER, Ms. SCHWARTZ of Penn- MILLENDER-MCDONALD, Ms. NORTON, promote public safety, health, and regulate sylvania, Mr. HONDA, Ms. BERKLEY, Mr. OWENS, Mr. PAYNE, Mr. RUSH, Mr. activities affecting interstate commerce by Mr. WEINER, Ms. NORTON, Mr. HIG- SCOTT of Georgia, Mr. SCOTT of Vir- creating employer liability for negligent GINS, Mr. COSTELLO, Mr. RAHALL, Mr. ginia, Mr. THOMPSON of Mississippi, conduct that results in an individual’s com- BAIRD, Mr. DEFAZIO, Mr. SALAZAR, Mr. TOWNS, Ms. WATERS, Ms. WATSON, mitting a gender-motivated crime of vio- Ms. CARSON, Mr. BOSWELL, and Mr. Mr. WATT, Mr. JEFFERSON, Ms. lence against another individual on premises CARNAHAN): H.R. 722. A bill to authorize programs and MOORE of Wisconsin, Mr. controlled by the employer, and for other activities to improve energy use related to BUTTERFIELD, Mr. MEEKS of New purposes; to the Committee on Education transportation and infrastructure facilities; York, Mr. AL GREEN of Texas, Mr. and the Workforce, and in addition to the to the Committee on Transportation and In- WYNN, and Mr. RANGEL): Committee on the Judiciary, for a period to H.R. 708. A bill to waive the time limita- frastructure, and in addition to the Commit- be subsequently determined by the Speaker, tion specified by law for the award of certain tees on Science, Ways and Means, and Re- in each case for consideration of such provi- military decorations in order to allow the sources, for a period to be subsequently de- sions as fall within the jurisdiction of the posthumous award of the Congressional termined by the Speaker, in each case for committee concerned. Medal of Honor to Doris Miller for actions consideration of such provisions as fall with- while a member of the Navy during World By Mr. MCHUGH: in the jurisdiction of the committee con- H.R. 715. A bill to extend the time within War II; to the Committee on Armed Services. cerned. which claims may be filed under the Sep- By Mr. SAM JOHNSON of Texas (for By Mr. POMBO (for himself, Mr. DOO- tember 11th Victim Compensation Fund; to himself, Mr. HERGER, and Mr. NOR- LITTLE, and Mr. NUNES): the Committee on the Judiciary. WOOD): H.R. 723. A bill to direct the Secretary of H.R. 709. A bill to amend title XVIII of the By Mr. MCNULTY: Transportation to conduct a study to deter- H.R. 716. A bill to amend title 10, United Social Security Act to clarify the right of mine the feasibility of constructing a high- Medicare beneficiaries to enter into private States Code, to provide that military reserv- way in California connecting State Route 130 contracts with physicians and other health ists who are retained in active status after in Santa Clara County with Interstate Route care professionals for the provision of health qualifying for reserve retired pay shall be 5 in San Joaquin County, and to determine services for which no payment is sought given credit toward computation of such re- the feasibility of constructing a fixed guide- under the Medicare Program; to the Com- tired pay for service performed after so way system along the right-of-way of the mittee on Ways and Means, and in addition qualifying; to the Committee on Armed highway; to the Committee on Transpor- to the Committee on Energy and Commerce, Services. tation and Infrastructure. for a period to be subsequently determined By Mr. MICHAUD (for himself and Mr. By Mr. RADANOVICH (for himself, Mr. by the Speaker, in each case for consider- MILLER of Florida): COSTA, Mr. NUNES, Mr. LEWIS of Cali- ation of such provisions as fall within the ju- H.R. 717. A bill to amend title 38, United fornia, and Mr. CARDOZA): risdiction of the committee concerned. States Code, to expand the scope of programs H.R. 724. A bill to designate the United By Ms. KAPTUR (for herself, Mr. of education for which accelerated payments States courthouse located at 2500 Tulare BLUMENAUER, Mr. CASE, Mr. DEFAZIO, of educational assistance under the Mont- Street in Fresno, California, as the ‘‘Robert Mr. GRIJALVA, Mrs. JONES of Ohio, gomery GI Bill may be used, and for other E. Coyle United States Courthouse‘‘; to the Ms. KILPATRICK of Michigan, Mr. purposes; to the Committee on Veterans’ Af- Committee on Transportation and Infra- LATOURETTE, Mr. MARSHALL, Ms. fairs, and in addition to the Committee on structure. MCCOLLUM of Minnesota, Mr. Armed Services, for a period to be subse- By Mr. ROGERS of Michigan: MCDERMOTT, Mr. MORAN of Virginia, quently determined by the Speaker, in each H.R. 725. A bill to amend the Paperwork Mr. SCOTT of Georgia, Mr. SERRANO, case for consideration of such provisions as Reduction Act and titles 5 and 31, United and Ms. SLAUGHTER): fall within the jurisdiction of the committee States Code, to reform Federal paperwork H.R. 710. A bill to authorize the Secretary concerned. and regulatory processes; to the Committee of Agriculture to provide financial assist- By Mrs. MILLER of Michigan: on Government Reform. ance for the construction, improvement, and H.R. 718. A bill to amend the Federal Water By Ms. LORETTA SANCHEZ of Cali- rehabilitation of farmers markets; to the Pollution Control Act to direct the Great fornia (for herself, Mr. BUTTERFIELD, Committee on Agriculture. Lakes National Program Office of the Envi- Ms. MILLENDER-MCDONALD, Mr. By Mr. KENNEDY of Rhode Island: ronmental Protection Agency to develop, MOORE of Kansas, Mr. PETERSON of H.R. 711. A bill to expand the powers of the implement, monitor, and report on a series Minnesota, and Mr. EVANS): Attorney General to regulate the manufac- of indicators of water quality and related en- H.R. 726. A bill to amend the Internal Rev- ture, distribution, and sale of firearms and vironmental factors in the Great Lakes; to enue Code of 1986 to require the abatement of ammunition, and to expand the jurisdiction the Committee on Transportation and Infra- interest on erroneous refund checks without of the Attorney General to include firearm structure. regard to the size of the refund; to the Com- products and nonpowder firearms; to the By Mr. MORAN of Kansas (for himself, mittee on Ways and Means. Committee on the Judiciary. Mr. OTTER, and Mr. FLAKE): By Ms. LORETTA SANCHEZ of Cali- By Mr. KING of Iowa (for himself, Mr. H.R. 719. A bill to facilitate the sale of fornia (for herself, Mr. PAUL, and SAM JOHNSON of Texas, Mr. PENCE, United States agricultural products to Cuba, Mrs. KELLY):

VerDate Aug 31 2005 05:37 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H09FE5.REC H09FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 9, 2005 CONGRESSIONAL RECORD — HOUSE H523 H.R. 727. A bill to amend the Internal Rev- cation and the Workforce, Government Re- tions of Native Americans of the United enue Code of 1986 to allow the deduction for form, and Armed Services, for a period to be States and urging the establishment and ob- health insurance costs of self-employed indi- subsequently determined by the Speaker, in servation of a paid legal public holiday in viduals to be allowed in computing self-em- each case for consideration of such provi- honor of Native Americans; to the Com- ployment taxes; to the Committee on Ways sions as fall within the jurisdiction of the mittee on Resources. and Means. committee concerned. By Mrs. JO ANN DAVIS of Virginia: By Mr. SANDERS (for himself, Mr. By Mr. WEINER: H. Res. 77. A resolution recognizing the JONES of North Carolina, Mr. H.R. 736. A bill to require the establish- 10th anniversary of the New Transatlantic DEFAZIO, Mr. ROHRABACHER, Ms. KAP- ment of regional consumer price indices to Agenda, acknowledging the continued impor- TUR, Mr. GOODE, Mr. STRICKLAND, Mr. compute cost-of-living increases under the tance of the transatlantic partnership be- WAMP, Mr. VISCLOSKY, Mr. SMITH of programs for Social Security and Medicare tween the United States and Europe, and New Jersey, Mr. LIPINSKI, Mr. SEN- and other medical benefits under titles II promoting new initiatives to strengthen that SENBRENNER, Mr. TAYLOR of Mis- and XVIII of the Social Security Act; to the partnership; to the Committee on Inter- sissippi, Mr. TANCREDO, Mr. MICHAUD, Committee on Ways and Means, and in addi- national Relations. Mr. HOSTETTLER, Mr. RYAN of Ohio, tion to the Committees on Energy and Com- By Mr. EMANUEL (for himself, Mr. Mr. NEY, Mr. PALLONE, Mr. DUNCAN, merce, and Education and the Workforce, for FOLEY, Mr. DINGELL, Ms. Mr. GRIJALVA, Mr. WOLF, Mr. KILDEE, a period to be subsequently determined by SCHAKOWSKY, Mr. LIPINSKI, and Ms. Ms. ROS-LEHTINEN, Mr. OLVER, Mr. the Speaker, in each case for consideration JACKSON-LEE of Texas): COBLE, Ms. CORRINE BROWN of Flor- of such provisions as fall within the jurisdic- H. Res. 78. A resolution recognizing the im- ida, Mr. HEFLEY, Mr. EVANS, Mr. TAY- tion of the committee concerned. portance of designating the Republic of Po- LOR of North Carolina, Mr. MCIN- By Ms. WOOLSEY: land as a program country for purposes of TYRE, Ms. BALDWIN, Mr. BACA, Ms. H.R. 737. A bill to establish an energy pro- the visa waiver program under section 217 of KILPATRICK of Michigan, Mr. GENE gram for the United States that unlocks the the Immigration and Nationality Act and GREEN of Texas, Mr. KUCINICH, Ms. potential of renewable energy and energy ef- urging the Secretary of Homeland Security SLAUGHTER, Mr. FILNER, Mr. PASTOR, ficiency, and for other purposes; to the Com- and the Secretary of State to assist Poland Mr. ABERCROMBIE, Mr. COSTELLO, Mr. mittee on Science. in qualifying for such program; to the Com- HINCHEY, Mr. BROWN of Ohio, Mr. By Mr. ENGEL (for himself, Mr. mittee on the Judiciary. BURTON of Indiana, Mr. HOLDEN, Ms. HASTINGS of Florida, Mr. MCNULTY, By Mr. GONZALEZ (for himself, Mr. LEE, Mr. PAYNE, Ms. SOLIS, Mr. RA- and Mr. FRANK of Massachusetts): SMITH of Texas, Mr. BONILLA, and Mr. HALL, Mr. JACKSON of Illinois, Mr. H.J. Res. 17. A joint resolution proposing CUELLAR): NADLER, Mr. HIGGINS, Mr. MOLLOHAN, an amendment to the Constitution of the H. Res. 79. A resolution recognizing the Ms. WOOLSEY, Mr. OWENS, Mr. United States to provide for the direct elec- public service of Archbishop Patrick Flores; PASCRELL, Ms. SCHAKOWSKY, Mr. tion of the President and Vice President by to the Committee on Government Reform. FRANK of Massachusetts, Mr. LEWIS the popular vote of the citizens of the United By Mr. GOODE (for himself, Mrs. JO of Georgia, Mr. TOWNS, Mr. PETERSON States; to the Committee on the Judiciary. ANN DAVIS of Virginia, Mrs. DRAKE, of Minnesota, and Mr. CAPUANO): By Mr. GOODE (for himself, Mr. JONES Mr. SCOTT of Virginia, Mr. FORBES, H.R. 728. A bill to withdraw normal trade of North Carolina, Mr. PAUL, Mr. Mr. GOODLATTE, Mr. CANTOR, Mr. relations treatment from the products of the SESSIONS, Mrs. JO ANN DAVIS of Vir- MORAN of Virginia, Mr. BOUCHER, Mr. People’s Republic of China; to the Com- ginia, Mr. NORWOOD, Mr. ROHR- WOLF, Mr. TOM DAVIS of Virginia, Mr. mittee on Ways and Means. ABACHER, Mr. ROYCE, Mr. TANCREDO, MCINTYRE, Mr. GARRETT of New Jer- By Mr. STARK: Mr. GINGREY, Mr. BARTLETT of Mary- sey, Mr. JONES of North Carolina, Mr. H.R. 729. A bill to assure cost credibility of land, Mr. MANZULLO, Mr. HAYWORTH, CASTLE, Mr. GILCHREST, Mr. HAYES, the Medicare prescription drug benefit; to Mr. OTTER, Mr. DUNCAN, Mr. ISSA, Mr. BARTLETT of Maryland, Mr. the Committee on Energy and Commerce, Mr. SULLIVAN, Mr. SAM JOHNSON of PAUL, Mr. HOYER, Mr. TAYLOR of and in addition to the Committee on Ways Texas, Mr. DOOLITTLE, Mr. North Carolina, Mr. HALL, Mr. COBLE, and Means, for a period to be subsequently CULBERSON, Mr. BARRETT of South Mr. MENENDEZ, Mr. PITTS, Mrs. determined by the Speaker, in each case for Carolina, Mr. BRADLEY of New Hamp- CAPITO, Mr. GERLACH, Mr. WELDON of consideration of such provisions as fall with- shire, Mr. HOSTETTLER, Mr. WELDON Pennsylvania, Mr. SHUSTER, Mr. in the jurisdiction of the committee con- of Florida, Mr. GARY G. MILLER of MOLLOHAN, Mr. MURTHA, Mr. HOLDEN, cerned. California, and Mrs. MYRICK): Mr. DOYLE, Mr. KANJORSKI, Mr. By Mrs. TAUSCHER: H. Con. Res. 50. Concurrent resolution ex- FATTAH, Mr. PETERSON of Pennsyl- H.R. 730. A bill to amend title 10, United pressing disapproval by the Congress of the vania, Mr. SAXTON, Mr. FERGUSON, States Code, to provide a temporary increase totalization agreement between the United Mr. SHERWOOD, Mr. PLATTS, Mr. BAR- in the minimum end strength level for active States and Mexico signed by the Commis- RETT of South Carolina, Mr. WATT, duty personnel for the Army, the Marine sioner of Social Security and the Director Mr. FRELINGHUYSEN, Mr. RAHALL, Mr. Corps, and the Air Force, and for other pur- General of the Mexican Social Security In- PRICE of North Carolina, Mr. poses; to the Committee on Armed Services. stitute on June 29, 2004; to the Committee on BUTTERFIELD, Mr. PALLONE, Mr. By Mr. UDALL of Colorado (for himself Ways and Means. ROTHMAN, Mr. VAN HOLLEN, Mr. and Mr. OTTER): By Mr. MCNULTY: RUPPERSBERGER, and Mr. LOBIONDO): H.R. 731. A bill to reaffirm the authority of H. Con. Res. 51. Concurrent resolution ex- H. Res. 80. A resolution recognizing the States to regulate certain hunting and fish- pressing the sense of Congress regarding the Virginia Fire Chief’s Association on the oc- ing activities; to the Committee on Re- primary author and the official home of casion of its 75th anniversary and com- sources. ‘‘Yankee Doodle’’; to the Committee on Gov- mending the Virginia Fire Chief’s Associa- By Mr. UDALL of New Mexico: ernment Reform. tion for sponsoring annually the Mid-Atlan- H.R. 732. A bill to establish the Northern By Mr. SULLIVAN (for himself, Mr. tic Expo and Symposium; to the Committee Rio Grande National Heritage Area in the HOSTETTLER, Mr. MILLER of Florida, on Government Reform. State of New Mexico, and for other purposes; Mr. PITTS, Mr. GARRETT of New Jer- By Mr. GREEN of Wisconsin: to the Committee on Resources. sey, Mr. AKIN, Mr. PICKERING, Mr. H. Res. 81. A resolution directing the Clerk By Mr. WEINER: SHIMKUS, Mr. BARTLETT of Maryland, of the House of Representatives to post on H.R. 733. A bill to require providers of wire- Mr. FRANKS of Arizona, Mr. the official public Internet site of the House less telephone services to provide access to ADERHOLT, Mr. TERRY, Mr. WOLF, and of Representatives all lobbying registrations the universal emergency telephone number Mr. GINGREY): and reports filed with the Clerk under the in subterranean subway stations located H. Con. Res. 52. Concurrent resolution ex- Lobbying Disclosure Act of 1995; to the Com- within their area of coverage; to the Com- pressing the sense of Congress supporting mittee on the Judiciary. mittee on Energy and Commerce. vigorous enforcement of the Federal obscen- By Ms. LEE (for herself, Mr. By Mr. WEINER: ity laws; to the Committee on the Judiciary, MCDERMOTT, Mrs. JONES of Ohio, Ms. H.R. 734. A bill to improve the safe oper- and in addition to the Committee on Energy WOOLSEY, Mr. SERRANO, Mr. ation of aircraft; to the Committee on Trans- and Commerce, for a period to be subse- KUCINICH, Mr. GEORGE MILLER of portation and Infrastructure. quently determined by the Speaker, in each California, Mr. STARK, Ms. KIL- By Mr. WEINER: case for consideration of such provisions as PATRICK of Michigan, Mr. PAYNE, Mr. H.R. 735. A bill to amend the Public Health fall within the jurisdiction of the committee HOLT, and Ms. WATERS): Service Act, the Employee Retirement In- concerned. H. Res. 82. A resolution disavowing the come Security Act of 1974, chapter 89 of title By Mr. BACA (for himself, Mr. TOWNS, doctrine of preemption; to the Committee on 5, United States Code, and title 10, United Mr. GRIJALVA, Mrs. NAPOLITANO, Mr. International Relations. States Code, to require coverage for the FALEOMAVAEGA, Mr. MCDERMOTT, Mr. By Mr. PALLONE: treatment of infertility; to the Committee PALLONE, and Mr. KILDEE): H. Res. 83. A resolution expressing the on Energy and Commerce, and in addition to H. Res. 76. A resolution recognizing and sense of the House of Representatives that the Committees on Ways and Means, Edu- honoring the achievements and contribu- India should be a permanent member of the

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United Nations Security Council; to the EMANUEL, Mr. LIPINSKI, Mr. GORDON, and Mr. H.R. 550: Mr. BROWN of Ohio, Mr. GEORGE Committee on International Relations. DENT. MILLER of California, Mr. CUMMINGS, Mr. f H.R. 284: Mr. LAHOOD and Mr. KIRK. HIGGINS, Ms. MCCOLLUM of Minnesota, Mr. H.R. 297: Mr. CASE, Mr. GOODE, Mr. VAN WYNN, Mr. SANDERS, Mr. LARSEN of Wash- PRIVATE BILLS AND HOLLEN, Mrs. TAUSCHER, Ms. WOOLSEY, Mr. ington, Mr. MATHESON, Mr. MICHAUD, Mr. RESOLUTIONS RANGEL, and Mr. KILDEE. HONDA, Mr. OWENS, Mr. LEWIS of Georgia, H.R. 302: Mr. GEORGE MILLER of California, Under clause 3 of rule XII, Mr. KILDEE, Mr. RYAN of Ohio, Mr. TIERNEY, and Mr. SABO. Mrs. MCCARTHY, Ms. WASSERMAN SCHULTZ, H.R. 303: Mr. LINCOLN DIAZ-BALART of Flor- Mr. MARKEY introduced A bill (H.R. 738) Mr. PALLONE, Mr. PETRI, Ms. LINDA T. ida, Mr. EVANS, Mr. VAN HOLLEN, Mr. OBER- for the relief of Esther Karinge; which was SA´ NCHEZ of California, Mr. FRANK of Massa- STAR, and Mr. PLATTS. referred to the Committee on the Judiciary. chusetts, Mr. BECERRA, Mrs. NAPOLITANO, H.R. 305: Mr. GARY G. MILLER of California, f Ms. SOLIS, Mr. SERRANO, Mr. ROSS, and Mr. Mr. RANGEL, Mr. GORDON, Mr. CRENSHAW, Mr. UDALL of Colorado. ADDITIONAL SPONSORS WOLF, Mr. HALL, Mr. MILLER of Florida, Mr. H.R. 554: Mr. SHAW, Mr. SOUDER, and Mr. Under clause 7 of rule XII, sponsors GILLMOR, Mr. ROSS, Mr. KOLBE, Mr. WAMP, Mr. BARTLETT of Maryland, Mr. PAUL, Mr. GOODLATTE. were added to public bills and resolu- ISSA, Mr. TERRY, Mr. BARRETT of South H.R. 560: Mr. FARR. tions as follows: Carolina, and Mr. SOUDER. H.R. 565: Ms. JACKSON-LEE of Texas. H.R. 20: Mr. BOYD. H.R. 310: Mr. SOUDER, Mr. BARRETT of H.R. 566: Mr. KUCINICH and Mr. LANTOS. H.R. 22: Ms. SLAUGHTER. South Carolina, Mr. BILIRAKIS, Mr. H.R. 572: Mr. BOSWELL, Mr. BOOZMAN, Mr. H.R. 23: Mr. COSTELLO, Mr. BRADY of Penn- HAYWORTH, Mr. WILSON of South Carolina, JOHNSON of Illinois, Mr. TERRY, and Mr. sylvania, Ms. HARMAN, Mrs. CHRISTENSEN, Mr. NORWOOD, Mrs. CUBIN, Mr. GREEN of Wis- NUNES. Mr. WILSON of South Carolina, Mr. GENE consin, Mr. KENNEDY of Minnesota, Mr. H.R. 583: Mr. WEXLER and Mr. LATHAM. GREEN of Texas, Mr. VAN HOLLEN, Mr. BROWN DENT, Mr. GENE GREEN of Texas, Mr. of South Carolina, Mr. BAIRD, Mr. RYUN of SCHWARZ of Michigan, Mr. MCINTYRE, Mr. H.R. 594: Mr. WEXLER and Mr. CONYERS. Kansas, Mr. DAVIS of Florida, Mr. SANDERS, CULBERSON, and Mr. JOHNSON of Illinois. H.R. 597: Mr. LUCAS and Mr. COLE of Okla- Mr. TOWNS, and Mr. UDALL of New Mexico. H.R. 313: Mr. WALDEN of Oregon. homa. H.R. 314: Mr. FORTUN˜ O and Mr. MCCAUL of H.R. 25: Mr. GARY G. MILLER of California H.R. 602: Mr. MARSHALL, Mr. NORWOOD, Mr. Texas. and Mr. BARTLETT of Maryland. ALLEN, Mr. TERRY, Mr. PETERSON of Pennsyl- H.R. 328: Mr. MOORE of Kansas and Ms. H.R. 29: Mr. INSLEE. vania, Mr. JONES of North Carolina, Mr. MCCOLLUM of Minnesota. H.R. 32: Mr. WILSON of South Carolina. SALAZAR, Mr. MCGOVERN, and Mr. BILIRAKIS. EHBERG H.R. 37: Mr. BASS and Mr. FEENEY. H.R. 383: Mr. R . H.R. 407: Ms. FOXX. H.R. 606: Ms. ZOE LOFGREN of California, H.R. 64: Mr. LEWIS of Kentucky, Mr. GOOD- H.R. 408: Mr. SIMMONS. Mr. SANDERS, Mr. SMITH of Washington, Mr. LATTE, Mr. RYAN of Wisconsin, Mr. BONNER, H.R. 418: Mr. FLAKE, Mr. HEFLEY, and Ms. LANTOS, Mr. WAXMAN, Ms. WATSON, Ms. Mr. SAXTON, and Mr. GREEN of Wisconsin. GRANGER. JACKSON-LEE of Texas, and Mr. BERMAN. H.R. 68: Mr. DEAL of Georgia, Mr. FORBES, H.R. 444: Mrs. LOWEY, Ms. BORDALLO, Mr. H.R. 634: Mr. SHIMKUS. Ms. GRANGER, Mr. GRAVES, Mr. JENKINS, Mr. GRIJALVA, and Mr. CLEAVER. H.R. 651: Mr. BOSWELL GARY G. MILLER of California, Mr. PLATTS, H.R. 459: Mr. COSTELLO. Mr. PRICE of Georgia, Mr. ROGERS of Michi- H.R. 461: Mrs. TAUSCHER, Ms. WATERS, Mr. H.J. Res. 10: Mr. REYNOLDS, Mr. HAYES, and gan, Mr. SHADEGG, Mr. SHUSTER, Mr. SMITH ENGEL, and Mr. OWENS. Mr. LINDER. of Texas, and Mr. SHERWOOD. H.R. 467: Ms. BERKLEY, Mr. HINCHEY, Mr. H.J. Res. 12: Mr. SIMMONS, Mr. CASTLE, Mr. H.R. 69: Mr. HOSTETTLER, Mr. MCCOTTER, GUTIERREZ, Mr. RANGEL, Mrs. CHRISTENSEN, SHAYS, Mr. WAXMAN, Mr. DOGGETT, and Mr. Mr. LAHOOD, Mr. GREEN of Wisconsin, Mr. Mr. ENGEL, and Mr. NADLER. SERRANO. ˜ EYES MILLER of Florida, Mr. HALL, Mr. FORTUNO, H.R. 469: Mr. R . H.J. Res. 16: Mr. SAM JOHNSON of Texas, H.R. 474: Mr. BEAUPREZ. Mr. MANZULLO, Mr. SODREL, Mr. GILLMOR, Mr. LINDER, and Mr. CULBERSON. Mr. ISSA, Mr. FORBES, Mr. TERRY, and Mr. H.R. 475: Mr. CONYERS and Mrs. LOWEY. H. Con. Res. 6: Mr. TERRY. SOUDER. H.R. 476: Mr. CONYERS. H.R. 492: Mr. CARDOZA. H.R. 72: Mr. SODREL. H. Con. Res. 25: Mr. SMITH of Washington, H.R. 496: Ms. KAPTUR, Ms. MCCOLLUM of H.R. 95: Mr. PORTER, Mr. SCHWARZ of Mr. KANJORSKI, Mr. VISCLOSKY, Ms. CARSON, Minnesota, Mr. BUTTERFIELD, Mr. FRANK of Michigan, Mr. ROSS, and Mr. GREEN of Wis- Mr. WAXMAN, and Mr. SANDERS. Massachusetts, Ms. JACKSON-LEE of Texas, consin. H. Con. Res. 30: Mr. TIERNEY and Mr. Mr. SANDERS, and Mr. BERMAN. H.R. 98: Mr. COLE of Oklahoma. MEEKS of New York. H.R. 500: Mr. RADANOVICH, Mr. WAMP, Mr. H.R. 132: Mr. FLAKE, Mr. FOLEY, and Mr. H. Con. Res. 47: Mr. TOWNS and Mr. HAYWORTH, Mr. BOOZMAN, Mrs. DRAKE, Mr. PUTNAM. KUCINICH. JONES of North Carolina, Mr. BARTLETT of H.R. 133: Ms. BORDALLO, Mr. WAXMAN, Mr. Maryland, Mr. GARY G. MILLER of California, H. Res. 20: Mr. BARRETT of South Carolina, ENGLISH of Pennsylvania, and Mr. EDWARDS. and Mr. FLAKE. Mr. BRADLEY of New Hampshire, Mr. BOYD, H.R. 156: Mr. SCHIFF, Mr. BARTLETT of H.R. 503: Mr. LATOURETTE, Mr. GONZALEZ, Mrs. JO ANN DAVIS of Virginia, Mr. DOO- Maryland, Mrs. CHRISTENSEN, Mr. BILIRAKIS, Mr. WAXMAN, Mr. PITTS, Mr. BILIRAKIS, and LITTLE, Mr. HOSTETTLER, Mr. SAM JOHNSON of Mr. SHAYS, Mrs. JONES of Ohio, and Mr. GARY Mr. RAHALL. Texas, Mr. GARRY G. MILLER of California, G. MILLER of California. H.R. 511: Ms. KILPATRICK of Michigan. Mr. MILLER of Florida, Mr. RENZI, and Mr. H.R. 162: Mr. DAVIS of Illinois. H.R. 513: Mr. CASTLE. ROYCE. H.R. 179: Mr. LAHOOD and Mr. WEXLER. H.R. 515: Mr. BISHOP of New York and Mrs. H. Res. 22: Mr. SENSENBRENNER and Mr. H.R. 180: Mr. WEXLER. CAPPS. SAM JOHNSON of Texas. H.R. 181: Mr. GUTKNECHT and Mr. H.R. 517: Mr. OTTER, Ms. HERSETH, Mr. H. Res. 41: Mr. GORDON, Mr. HUNTER, Mr. NEUGEBAUER. DAVIS of Tennessee, Mr. PETERSON of Penn- CARDIN, and Mr. TAYLOR of North Carolina. H.R. 183: Mr. GINGREY. sylvania, and Mr. WU. H.R. 185: Mr. MARIO DIAZ-BALART of Flor- H.R. 525: Mr. GARY G. MILLER of California, H. Res. 55: Mrs. BLACKBURN, Mr. DENT, Mr. ida. Mr. FLAKE, Mr. MURPHY, Mr. LAHOOD, Mrs. SAM JOHNSON of Texas, Mr. TERRY, Mr. WAL- H.R. 227: Mr. BISHOP of New York. MYRICK, Mr. TANCREDO, Mr. HOSTETTLER, Mr. DEN of Oregon, and Mr. GENE GREEN of Texas. H.R. 266: Mr. MCCAUL of Texas. SODREL, and Mr. BARTLETT of Maryland. H. Res. 67: Mr. SANDERS, Mr. LEWIS of H.R. 278: Mr. LINDER. H.R. 547: Mr. MURTHA, Mr. TOWNS, Mr. CON- Georgia, Mrs. LOWEY, Ms. JACKSON-LEE of H.R. 282: Mr. PICKERING, Mr. DOOLITTLE, YERS, Ms. BORDALLO, Mr. BERMAN, and Mrs. Texas, Mr. THOMPSON of California, and Ms. Mrs. KELLY, Mr. WALSH, Mr. RENZI, Mr. LOWEY. SCHAKOWSKY.

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Vol. 151 WASHINGTON, WEDNESDAY, FEBRUARY 9, 2005 No. 13 Senate The Senate met at 9:30 a.m. and was trol of the majority leader or his des- changed the course of history. In an called to order by the President pro ignee. act of remarkable bravery, the four tempore (Mr. STEVENS). f teens strode into the downtown Wool- worth and sat at the ‘‘whites only’’ PRAYER RECOGNITION OF THE MAJORITY lunch counter. They ordered coffee, LEADER The Chaplain, Dr. Barry C. Black, of- soda, and donuts, and as they expected, fered the following prayer. The PRESIDENT pro tempore. The the store refused to serve them. Let us pray. majority leader is recognized. The young men waited in their seats O God, who hears and answers prayer, f until closing time. They didn’t know at the time whether they would be beat- bend down and listen to our thanks- SCHEDULE giving and praise. We can rest because en, whether they would be dragged out, of Your goodness. You keep our eyes Mr. FRIST. Mr. President, this morn- whether they would be arrested. But from tears and our feet from stum- ing we will have a 60-minute period of they did know right from wrong and bling. Give our Senators strength suffi- morning business prior to resuming S. that segregation was an intolerable in- cient for today’s work. Be in their 5, the Class Action Fairness bill. I will justice. heads and in their understanding. Be in have a brief statement shortly and the The next day the four returned with their eyes and in their looking. Be in Democratic leader will have a brief two classmates. Again, the same order. their mouths and in their speaking. Be statement. Then we will follow those They attempted to place an order for in their hearts and in their thinking. statements with a 60-minute period for lunch. Again, the store refused. Help them to remember that trials morning business. Each day more and more students and challenges strengthen their faith When we resume the bill, Senator joined the Greensboro Four, including until it is more precious than gold. PRYOR will offer an amendment relat- white students from nearby colleges. Lead each of us to Your truth, and may ing to State attorneys general. In addi- By the end of the week nearly all of our lives show that You have chosen us tion, we have Senator DURBIN’s amend- those more than 60, 65 seats at the for Your glory. ment on mass actions pending from lunch counter were filled. Eventually We pray in Your powerful Name. yesterday. Today we will begin dis- hundreds of sympathizers filled Greens- Amen. posing of these amendments as well as boro’s downtown streets. others that may be offered. Rev. Martin Luther King, Jr. was al- f Yesterday we had a full day of debate ready leading protests in other parts of PLEDGE OF ALLEGIANCE as we did on Monday afternoon, but in the South against segregation in The PRESIDENT pro tempore led the order to finish the bill this week we schools and on buses, but challenging Pledge of Allegiance as follows: need to begin the voting process, vot- the segregationist practices of pri- I pledge allegiance to the Flag of the ing on these proposed amendments vately owned business was something United States of America and to the Repub- throughout the day. I am not encour- that was brand new. These four young lic for which it stands, one nation under God, aging amendments, but I do hope that men had opened a new front on the bat- indivisible, with liberty and justice for all. if Members intend to offer amendments tle for civil rights. f to the underlying legislation, they will In the next weeks and months the make themselves available today so we sit-ins spread to department stores, to RESERVATION OF LEADER TIME can make the necessary progress. clothing shops, to restaurants. In my The PRESIDENT pro tempore. Under I thank my colleagues on both sides own hometown of Nashville, and Ra- the previous order, the leadership time of the aisle in advance as we work leigh and Charlotte and Atlanta and is reserved. through this very important bipartisan dozens of other cities throughout the f bill, and I look forward to a very pro- South, thousands and thousands of stu- ductive session today. dents and civil rights advocates staged MORNING BUSINESS f sit-ins at businesses that had discrimi- The PRESIDENT pro tempore. Under nated. Many of the participants suf- the previous order, there will be a pe- AFRICAN-AMERICAN HISTORY fered arrest and heckling and violence, riod for the transaction of morning MONTH but these brave citizens were deter- business for 1 hour, with the first 30 Mr. FRIST. Mr. President, on the mined to end the scourge of segrega- minutes under the control of the afternoon of February 1, 1960, in tion. Democratic leader or his designee and Greensboro, NC, four college freshmen By April of that year, the Student the second 30 minutes under the con- from North Carolina A&T University Nonviolent Coordinating Committee,

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

S1149

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1150 CONGRESSIONAL RECORD — SENATE February 9, 2005 or SNCC, was formed. The legendary tion to the statement I will give which court having the opportunity to inter- organization led sit-ins around the pertains to the class action bill be pret its own state law, yet if S. 5 were country. Then, on July 25, 1960, Wool- charged to the class action bill. There already enacted, it would have had to worth desegregated its lunch counters. is no time agreement, but rather than be removed to federal court. By August of 1961, over 70,000 Ameri- take up my leader time or morning There was a chemical plant leak that cans had taken part in the sit-ins. business, that the time be charged occurred in Richmond, California that Three thousand were arrested in the against the time on the bill. caused a dangerous cloud to form over act. The PRESIDENT pro tempore. Very the town. Over 24,000 people sought Finally, in 1964, President Johnson well. Without objection, it is so or- medical treatment in the days imme- signed the Civil Rights Act which out- dered. diately following the leak. The resi- lawed forever segregation in public ac- f dents sued as a class, and the chemical commodations. A section of the Wool- company had to settle. While only CLASS ACTION FAIRNESS ACT OF worth lunch counter can be seen not California residents were harmed in 2005 too far from here, at the Smithsonian California, under S. 5 this case would Institution in Washington, DC. The Mr. REID. Mr. President, for the past have been removed to federal court be- counter and four stools and a sign ad- 2 days the Senate has been debating cause the defendant is based in New vertising 29-cent banana splits sits in a the so-called Class Action Fairness Act Jersey. place of honor on the first floor of the of 2005. I want to spend a few minutes Insurance practices: In one case, a National Museum of American History. today talking about this bill. Missouri state judge gave preliminary As we celebrate African-American Despite its title, the bill is not about approval to a settlement agreement in history this month, we reflect on these fairness at all, in my opinion. It is a class action brought by Missouri events and so many other events, large about depriving consumers of access to plaintiffs, where a pharmacist diluted and small, that have shaped our coun- the courts and letting corporate wrong- prescriptions for thousands of patients, try. From slavery to segregation, we doers off the hook. including chemotherapy patients. Be- remember that America did not always People ask, what are these cases all cause the defendant is based in Iowa, live up to its ideals. In fact, we often about? These cases are about things although they sell policies in Missouri, fell far short of them. But we also dealing with fairness. Class actions fall the case could be removable to federal learned that fundamental to our na- in a number of different categories: en- court under this bill. tional character is the drive to live out vironmental pollution, insurance prac- Equitable Life Insurance was accused the true meaning of our creed. tices, wage-and-hour employment dis- of misleading and cheating customers. In the 108th Congress we passed the putes, consumer fraud, dangerous This was a situation of the so-called African American Museum of History drugs, products that kill, and consumer vanishing premium cases in the 1980s. and Culture Act to establish a national protection. In those categories we have They sold policies when interest rates repository for this great history. The had, in recent years, some very suc- were high. They told customers as soon new museum will house priceless arti- cessful pieces of litigation that have as the interest rates went down their facts, documents, and recordings. It made our society a better place. How- premiums would be lower. That was will bring to life the vibrant cultural ever if this bill had been law, those not true. Class action lawsuits were contributions African Americans have cases would have been removed to fed- filed in Pennsylvania and Arizona state made to every facet of American life. eral court where they would have like- courts, and Equitable settled the suits Visitors from around the world will ly been dismissed. It is important for for $20 million helping over 130,000 peo- learn about 400 years of struggle and of states to continue to have the oppor- ple. However, because the insurance progress. They will learn that the Cap- tunity to protect their own citizens in company was based in another state, ital itself owes its completion to Amer- their own courts. under this legislation, the case would ica’s first black man of science, Ben- For example, there was a case in New have been removed to federal court and jamin Bannaker, who reconstructed Hampshire dealing with environmental these people harmed between 1984–1996 the city’s layout from memory after pollution brought by the State of New would still be waiting for justice. Pierre L’Enfant quit the project. Hampshire against 22 oil and chemical Wage-and-hour employment disputes: The new museum’s council, which in- companies responsible for polluting the In California, Wal-Mart employees cludes many of America’s most promi- State’s waterways with methyl ter- have been denied pay for actual time nent men and women in business, en- tiary butyl ether. We refer to that as worked. A California state judge cer- tertainment, and academia, will meet MTBE. These companies were accused tified a class action brought by Cali- early this year to begin the hard work of violating state consumer protection fornia plaintiffs. The harm occurred in of selecting a site for the museum, hir- and state environmental laws. They California, nonetheless, under the pro- ing a director, building a collection, were negligent. They produced a defec- posed legislation the case would be re- and raising funds. From blood banking tive product and created a public nui- moved to federal court. to the modern subway, from jazz to so- sance. In this case, New Hampshire is Consumer fraud: Roto-Rooter over- cial justice, the contributions of Afri- seeking compensation for the cost of charged approximately two million can Americans have shaped and molded the cleanup as well as penalties, both customers $10 each by adding charges and influenced our national culture monetary and punitive in nature. to invoices violating state consumer and our national character. Under this bill, because the named de- protection laws. A class action was The African-American experience is fendant is a citizen of another state, brought in Ohio where many of the one of the most important threads in the State of New Hampshire would class members live and where Roto- the American tapestry. The National have to have their case heard in federal Rooter is based. Under S. 5, the case Museum of African American History court instead of their own state court. could be removed to federal court. and Culture promises to become one of In Louisiana there was a pesticide AOL, a Virginia based company, our Nation’s most prominent cultural there that had decimated the crawfish charged the credit card of their cus- landmarks. population. At one time, they were tomers for services even after those I yield the floor. bringing in about 41 million pounds of customers had canceled their AOL sub- f crawfish. After this chemical was put scriptions. The lead plaintiff in a class RECOGNITION OF THE MINORITY into the waterways, that dropped to action case was a California citizen. LEADER about 16 million pounds. Crawfish AOL wanted to litigate the case in fed- The PRESIDENT pro tempore. The farmers were going broke. The plain- eral court under Virginia law. The Democratic leader is recognized. tiffs were all from Louisiana and the California Court of Appeals held that f harm occurred there. They filed a class the proper venue was in state court be- action in state court, and a Louisiana cause Virginia law did not allow con- ORDER OF PROCEDURE state court judge recently granted final sumer class actions and the available Mr. REID. Mr. President, I ask unan- approval on a settlement agreement. remedies were more limited than under imous consent that the time in rela- This case is a clear example of a state California law. This would undermine

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1151 California’s strong consumer protec- doing in their State courts. We therefore torts’’ issue. I hope that the chairman tion laws. Under this bill we are con- strongly recommend that this legislation not of the committee, Senator SPECTER, sidering, California would be powerless be enacted in its present form. will work with him to see if this mat- to protect their own public policy. They warn us further: ter can be resolved. What’s fair about that? S. 5 would effect a sweeping reordering of These two things I have mentioned— In Florida a person sold funeral plots our Nation’s system of justice that will dis- the Bingaman amendment and the Dur- that didn’t exist and desecrated some enfranchise individual citizens from obtain- bin amendment—are issues of basic of the graves that were there. The ing redress for harm, and thereby impede ef- fairness. issues raised in this case are state forts against egregious corporate wrong- Third, the bill would apply to civil doing. issues and the coffins desecrated were rights and wage-and-hour cases that only those in Florida, yet under S. 5 This bill would ‘‘reorder’’ our justice have nothing to do with the coupon the case would be removed to federal system, as the attorneys general have settlements the bill sponsors say they court because the parent company of warned us. want to address. These cases would the funeral home is based in another Several amendments we are going to now be subject to the same delay and state. offer are important. potential dismissal as the personal in- Products that kill: Lead paint has First, S. 5 will allow corporate de- jury cases I just discussed. poisoned thousands of children since fendants to remove many multi-state Class actions are particularly impor- 1993. Ford sold police cruisers that are class actions from State court to Fed- tant for low wage workers. There are prone to fire. This bill would seek to eral court. But under current law and now dozens of class action suits in remove these cases to our already over- practice, the Federal courts can refuse State courts representing tens of thou- burdened federal courts where they to certify these cases as class actions sands of low wage workers who have would experience extreme delays and on the ground that there are too many been forced to work extra hours with- possible dismissal. State laws involved. Prior to the pas- out pay or who have been denied their Consumer protection: Cases against sage of S. 5, the Federal courts’ failure wages for other reasons. Also, many Monsanto, Jack-in-the-Box, and Nestle to certify would allow consumers to re- States provide greater civil rights pro- would all be removed to federal court file their cases in State court, but this tections than are available under Fed- possibly denying the members in the bill would preclude plaintiffs turned eral law. Senator KENNEDY will offer an class the protection of their own state away in Federal court from going back amendment to carve out these cases laws. to State court. If this problem isn’t from this bill. That is fair. I believe it has been good for our corrected, consumers will have lost Fourth, as drafted, this bill even ap- country to have these lawsuits because their only means of redress when they plies to cases brought by State attor- if you didn’t have these lawsuits and have been cheated by a corporation in neys general enforcing State laws on behalf of State consumers. Federalism you had the law that is now sought in a matter too small to file an individual has certainly taken a tumble around this legislation, these cases, most of case. Plaintiffs in cases like the Roto- here when State courts are not per- them, wouldn’t have been brought. Rooter example would have no remedy, I am not saying there is no room to and the corporation could continue to mitted to hear cases brought by their improve the rules governing class ac- take advantage of them. own attorneys general to enforce State consumer fraud laws, environmental tion lawsuits. There is. There are Senator BINGAMAN will offer an protection laws, and other vital State abuses. Coupon settlement cases, I be- amendment. It is my understanding interests. lieve, are not good. Consumers get no that he and Senator FEINSTEIN are working on a compromise. Senator Separate from the letter I described meaningful relief, and the lawyers get earlier from Attorney General Spitzer FEINSTEIN has been an early supporter everything. That isn’t fair. If this bill and others, we have received a letter of S. 5. She understands that this is a simply addressed the coupon problem, from the National Association of State problem. I am confident she will work all 100 Senators would vote for it. But Attorneys, the organization rep- with Senator BINGAMAN to come up this pending proposal goes much fur- resenting all 50 statewide prosecutors, with some way to resolve this impor- ther. It effectively closes the court- Republicans and Democrats. Forty-six tant issue. house doors to a wide range of injured of them have signed it. They uniformly Second, the bill will literally make a plaintiffs. I have mentioned some of urge that the bill be clarified to in- Federal case out of what has always them. At the same time, the bill turns clude consumer class actions brought been State personal injury cases. federalism on its head. It denies State by State attorneys general. That is Sometimes such cases are consolidated courts the opportunity to hear State fair. Senator PRYOR, one of several law claims brought by residents of that by State courts for efficiency. They are former attorneys general we have serv- State. not ‘‘class actions’’ at all. But the ing in this body, will offer an amend- My friends on the majority side, the pending bill would include them under ment to achieve this goal. Republicans, say they favor States a newly invented term, ‘‘mass ac- This bill is imbalanced in that it es- rights. They should be embarrassed to tions,’’ and allow them to be removed tablishes a 60-day deadline for Federal support this bill, which is one of the to Federal court. appellate courts to decide appeals of a most profound assaults on States For example, when a large number of district court’s decision to remand a rights to come before Congress in many people are injured by the same dan- class action lawsuit, but it lacks a par- years. Most disturbingly, this bill lim- gerous pharmaceutical drug, their allel mechanism to ensure speedy con- its corporate accountability at a time claims may be consolidated by State sideration of the motion to remand in when corporate scandals have pro- court rules. Now those consolidated in- the district court. Senator FEINGOLD liferated. dividual claims would be removed to will offer an amendment to correct this As we began debate on this bill, the Federal court where they will be sub- imbalance. If 60 days is not a good majority leader and I received a letter ject to extensive delays or even dis- deadline, they can come up with an- signed by attorneys general of New missal if the laws of more than one other one. But unless the Feingold York, Oklahoma, California, Illinois, State are involved. These mass torts amendment is agreed to, these people Iowa, Kentucky, Maine, Massachusetts, often involve hundreds of plaintiffs can bring a case to court which will lay Maryland, Minnesota, New Mexico, Or- who have been physically injured by there forever. egon, Vermont, and West Virginia. drugs, medical devices, tobacco, lead None of these amendments we offer These attorneys general whose sworn paint, or ground water contamination. are killer amendments. All are modest duty is to protect the public and en- S. 5 should be required to have a big improvements that would strengthen force State laws oppose the bill now be- label on it: ‘‘Warning: This legislation corporate accountability and ensure fore the Senate. They say that despite may be dangerous to the health of all that vulnerable citizens get their day improvements since the bill was first Americans’’—especially healthy Amer- in court. I urge my colleagues to ac- introduced a number of years ago, that: ican consumers. cept these amendments. S. 5 still unduly limits the rights of indi- Senator DURBIN has already offered These amendments I have talked viduals to seek redress for corporate wrong- an amendment to deal with this ‘‘mass about to the underlying bill will be

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1152 CONGRESSIONAL RECORD — SENATE February 9, 2005 helpful. However, even with these doing to States rights. I am going to have the power to be a smart shopper. amendments, the underlying bill will vote against this bill, but I hope people As it stands today, everybody in the still be a bad bill, but it would be bet- will work with us. United States tries to be a smart shop- ter. They would certainly improve the I apologize to my colleague for tak- per instead of Medicare. bill. ing away from his morning business What I would like to do for a couple There was a tremendously powerful time. I ask unanimous consent that of moments is try to lay out the legis- article in Business Week last week en- when the Chair announces morning lation that Senator SNOWE and I have titled, ‘‘A Phony Cure: Shifting class business the full hour be extended with spent so much time working on and actions to federal courts is no reform.’’ one-half hour on each side. why I think it is particularly critical No one can say it is some liberal rag of The PRESIDENT pro tempore. The right now. the Democratic Party. In this article, Chair states that was previously the For a senior who lives in rural Amer- even Chief Justice Rehnquist criticizes understanding. It would not take a ica where there may be only one pri- this legislation. The article emphasizes unanimous consent request. vate plan serving that area—and that Federal judges hate this legisla- The Senator from Oregon. maybe there is no private plan at all— tion and it is more of a step towards f that senior is likely to be part of what chaos than reform. Justice Rehnquist is called the fallback plan. As of now, PRESCRIPTION DRUGS says: Don’t do this to us. Federal all of those seniors in those small com- judges are too busy. Federal courts are Mr. WYDEN. Mr. President, yester- munities, many of them in Arkansas— already overburdened and it will make day, the Senate got the eye-popping I see our distinguished colleague has the case backlogs even longer. In addi- news that prescription drug benefits joined us; like me, she vetted for the tion to that, instead of helping Federal will cost far more than anyone had law. We would like to see people in Ar- courts, the article states that it will ever anticipated. In fact, the early ap- kansas and Oregon, in areas with large, cut back on those resources to our Fed- praisal was that it would cost $400 bil- rural populations, have some bar- eral court system, and it is going to lion, and then it shot up to over $500 gaining power the way smart shoppers leave these Federal judges in a real billion. Yesterday, we learned that it would. Under the Snowe-Wyden legisla- bind. would cost $720 billion over the next tion, we say that the seniors in those This month is Black History month, decade, and perhaps would even go to fallback plans could in effect be part of and this legislation brings to mind for $1 trillion. A lot of us in the Senate, a group that could use private sector many of us Brown vs. Board of Edu- frankly, were not too surprised because bargaining power in order to hold costs cation. The distinguished majority the legislation doesn’t allow for the use down. leader, Senator FRIST, talked today of cost containment strategies that are Many of us also represent the larger about the first sit-ins by these coura- utilized in the private sector. cities. I have Portland, but we want to geous young men and women in the To me, it is incomprehensible, for ex- hold down costs in Miami, New York, South which brought about a number ample, that Medicare, with all of its and Chicago. These people might have of things. But one reason that the bargaining power, wouldn’t use the a choice of larger health programs to Brown vs. Board of Education case was same kind of clout that a timber com- try to deal with their benefits. Maybe able to move forward was because it pany does in Alaska or Oregon or an they are in a managed care organiza- was a class action. It was a culmina- auto company in the Midwest or any tion or what is called a PPO, preferred tion of appeals from four class action other big purchaser. Under this law as provider organization. However, these cases—three from the Federal court de- it is constituted today, what Medicare private entities ought to have some cisions in Kansas, South Carolina, and does is the equivalent of standing in bargaining power to hold down the cost Virginia, and one by the decision of the the price club and buying toilet paper for all of their members. Our bipartisan Supreme Court of Delaware. Only the one roll at a time. There is absolutely legislation that I have with Senator state court, the Supreme Court of nobody in the United States who goes SNOWE and Senator MCCAIN stipulates Delaware, made the correct decision by out and purchases that way. What we can have bargaining power for sen- ruling in favor of the African-American Medicare is going to be doing just de- iors in those metropolitan areas as plaintiffs. The State court held that fies common sense because we all know well. the segregated schools in Delaware vio- that if you buy more of something, This legislation is going to save tax- lated the 14th amendment, Delaware whether in Oregon or in Alaska or any- payers money as well, not just seniors rejected separate and unequal schools. where else, you say, Let us try to nego- but taxpayers because, as the Senate Another example is a case brought tiate a better deal. But Medicare is not knows, we put out a substantial last June. The U.S. Supreme Court de- allowed to do that under current cir- amount of money to offer assistance to cided to allow a state class action law- cumstances. employers to not drop their coverage. suit against Daimler Chrysler to con- I have come today to say that in ad- When the Medicare plans save seniors tinue in Oklahoma. That was an impor- dition to the debate about how the money on medicine, that means less tant case because it affects up to 1 mil- numbers are crunched, what we ought cost for the retiree plan to make up. lion owners of minivans that have to be doing is working on a bipartisan Containing costs on the Medicare side, front passenger seat air bags that de- basis to ensure that we have real cost in our view, will help keep costs down ploy in low speed accidents, very low containment in this program that for employers insuring retirees as well. speeds, with tremendous force, poten- seems to grow in costs almost by the We have an opportunity to get be- tially killing children and hurting day. I have worked with Senator yond the debate about the numbers small adult passengers. Oklahoma’s SNOWE for more than 3 years on legisla- that came out in the last day or so, Supreme Court ruled that the case tion to do that. We have introduced it. these shocking numbers that Medicare could go forward in state court for this It has bipartisan support. prescription drug care will cost $720 defect. A federal court, relying on the On our side of the aisle, Senator billion. We can get beyond those num- Federal Rules of Civil Procedure, FEINSTEIN and Senator FEINGOLD were bers and go to a comprehensive, bipar- would probably find the case unman- original sponsors. Senator MCCAIN tisan, market-based cost-containment ageable. joined Senator SNOWE and me in this strategy, a bipartisan plan that will These cases I have mentioned should bipartisan effort. We simply believe contain costs for rural and urban sen- be allowed to proceed. This legislation that at a time when we are seeing so iors in plans across the country, in would not allow that. That is too bad. many Government programs cut and plans in rural and urban areas, and a This legislation, especially if we reduced and tremendous financial pres- plan that will also provide cost con- don’t get these amendments passed, is sures for belt tightening, we shouldn’t tainment for employers insuring retir- disrespectful to States rights and will leave seniors without even the kind of ees as well. result in many instances of injustice. I private sector bargaining, the kind of It is our view we desperately need am going to vote against this bill. I private sector cost containment power some common sense as it relates to hope my colleagues will do the same. that we see in communities all across cost containment for prescription But I certainly hope my colleagues will the country. drugs in our country. It is my view do something to improve this bad bill. I will tell you, I can’t for the life of that giving bargaining power to mil- We need to be alarmed at what it is me figure out why Medicare shouldn’t lions of seniors through the private

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1153 sector is essentially Economics 101. posals to undercut the 2002 farm bill by cultural producers in this country, and There is no sense waiting when the cutting aid to our farmers in this Na- they deserve it. costs of this program go up almost tion. It seems that the President has Finally, the critics made clear what daily. It started at $400 billion, then been taking his agricultural advice they thought about farmers. They said $500 billion, now we are at $720 billion, from the New York Times because, lo that farming is no longer a matter of and we are still counting. With these and behold, on Monday morning he importance to the American economy. costs continuing to go through the sent a budget over to Congress that I say to the Presiding Officer, farming stratosphere, the choice for the Senate, mirrors the piece in the New York is important to the economy of your in my view, is to either sit around and Times. great State of Louisiana and many oth- say we will just wait and see what hap- I would like to suggest first and fore- ers. I want this body to think about pens—and maybe the next report will most that he turn to a more reliable that for a few minutes. I want those put this at $1 trillion—or we can take source to get his advice on agricultural critics to take a trip to the South and the opportunity in a thoughtful, bipar- policy. Because, for the life of me, I to the Midwest. I want them to take a tisan way to do what is being done in still cannot figure out what it is that trip to my home State of Arkansas communities all across the country. they grow or oversee growing, looking where one in every five jobs is tied to Virtually everyone who buys in quan- down out of those skyscrapers in New agriculture. Better yet, I want them to tity says: Excuse me, wouldn’t you be York City, that would merit them pro- think about agriculture’s contribution willing to give me a break given the viding that kind of advice to the Presi- to our Nation’s security and well- fact I am making additional purchases? dent of the United States over the being. Medicare is not doing it. It defies com- hard-working men and women who So the critics are all wrong about mon sense. We have a bipartisan oppor- produce the food and fiber not just for farm policy, and they are certainly tunity to reign in these costs that con- this country but for the people of this wrong about farmers, the hard-working tinue to soar. I hope the Senate will do globe. families that produce food and fiber so this as soon as possible. If the President would like, I will be each of us can lead that healthy life. I yield the floor. happy to offer him some advice on agri- They are also wrong to think that farm The PRESIDING OFFICER (Mr. VIT- cultural policy. I certainly hear from policy does not affect Main Street TER). The Senator from Hawaii. his administration officials and friends USA. Mr. AKAKA. I thank the Chair. here in Congress who are not shy about To doubters, I point out the 1980s and (The remarks of Mr. AKAKA per- sharing with me their opinions on the farm financial crisis that existed taining to the introduction of S. 324 are issues such as tax reform and trade pol- then. During that time, we saw entire located in today’s RECORD under icy and Social Security. Well, agricul- communities and towns dry up and ‘‘Statements on Introduced Bills and tural policy is important to this Na- blow away. Joint Resolutions.’’) tion as well. If the President does not Now I would like to mention how our The PRESIDING OFFICER. The Sen- want my opinion, then I suggest he sit farm support compares to the rest of ator from Arkansas is recognized. down with some real farmers from my the world, how critical it is that we f home State of Arkansas or other farm- maintain those producers we have. We ing States across the Nation and get give our farmers $40 per acre in aid, AGRICULTURE BUDGET PROPOSAL their opinions. while Europeans enjoy a $400 per-acre Mrs. LINCOLN. Mr. President, today When we were debating the 2002 farm subsidy. Apparently, the President I rise to express my extreme dis- bill, there was a lot of misinformation wants French farmers to have a com- appointment in President Bush’s agri- about farmers and farming that was petitive edge over our American pro- culture budget proposal as well as his floating around us all. I, for one, am ducers. It seems to me we should be budget proposal for all of rural Amer- determined to ensure that those per- asking them to bring their support ica. We worked very hard in this body, ceptions are challenged. Most impor- down before we unilaterally reduce and in conjunction with the other tantly, I want to ensure that the unin- ours. body, to come up with a good farm bill. formed judgments about farmers are At the end of the day, we need to Three years ago, President Bush never used in setting our agricultural take the recommendations of experts. signed that farm bill. It took us a while policy in this country. We spend money, time and time again, to get him there, but he finally signed Let’s look at a few of the things that to come up with these commissions, to it. As a member of the Agriculture critics of farming said would happen if come up with these reports. We need to Committee and a farmer’s daughter, I we were to enact the 2002 farm bill. take a look at them, the recommenda- was proud of the job we had done on be- First, they said it would bust the tions of experts we commission to look half of the many hard-working farming budget. I heard my colleagues on the at the farm bill. This panel of experts interests in this great country. other side down here earlier this week made a clear recommendation that we I can remember growing up on our describing how in the first 2 years the should not change the 2002 farm bill farm in Arkansas and how my father farm bill has come in more than $15 bil- until it is time to deal with that in had great trepidation over whether he lion cheaper than was expected or pro- 2007. would be able to be successful with the jected. Time and again, we see the critics kind of crop he had worked so hard to Second, folks said it would lead to misuse facts and figures to make their produce, because he knew so many overproduction. They were wrong case in an attempt to villainize farm- variables were completely out of his again. According to USDA, production ers and drive public opinion against control, whether it was drought, remains steady. them. For the sake of time this morn- whether it was flooding, whether it was Third, those naysayers said it would ing, I will spare my colleagues from re- world market prices. Everything out of interfere with trade. Last year, our ex- futing point by point the numerous in- his control had such a great bearing on ports were at an all-time record high. accuracies in the stories President whether he could be successful. In fact, the only people I know who be- Bush is reading about huge farms get- I was especially proud of the agree- lieve our farm policy interferes with ting massive payments. ment we made with the Arkansas farm- trade is our trade competition from I tend to get a little passionate about ers to support them because of those other countries, the same people who this issue. Maybe it is because I am a things they are faced with that are out sit across from us and from our nego- farmer’s daughter. Maybe it is because of their control. It was an agreement tiators during trade talks and ask us to I believe in the farm families of this we made with the farmers, their fami- take away our support for our farmers country. Maybe it is because I still go lies, and their communities. while they hang on to the very support home and remember what it is like in The 2002 farm bill was a great deal they provide their agricultural pro- those rural communities. for farmers and consumers, for all of ducers. Does it sound like a good deal? But if you listened to the critics, you America. However, not everyone You bet it does—to our competitors. would believe that Long Farms—which agrees. This past weekend, the New We fight long and hard to make sure is a great example—in Blytheville, AR, York Times ran an op-ed outlining pro- there is a fair playing field for our agri- was about to be publicly traded on the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1154 CONGRESSIONAL RECORD — SENATE February 9, 2005 New York Stock Exchange. Clark Long an example of a family in 1935 and an er percentage of the country. As Amer- and his two sons are probably won- example of a family in the year 2005, icans are living longer, they are in- dering how they missed out on all the you can see that a lot has changed. creasing in number and rapidly becom- benefits of these huge agribusinesses Now, I ask my colleagues to keep ing a larger percentage of the popu- that are talked about in these stories. this picture in mind, taken 70 years lation. For example, in 1950, less than The fact is, we have payment limita- ago, as we go through the debate on 10 percent of Americans were age 65 tions in our farm policy already. We how to save Social Security. and older. Within a decade, seniors will accepted them as a part of the com- A lot has changed since 1935. Social make up 15 percent of the population, promise we struck in the 2002 farm bill, Security was a great deal for the Gov- and in 25 years, seniors will comprise a bill that was debated for 2 years and ernment in 1935. Workers would pay more than 20 percent of the population. should be viewed as a contract between the Government a portion of every pay- We can expect that percentage to con- the Federal Government and the hard- check. The Government would keep tinue to grow. working farm families of this country, these funds and could use them to pay In 1935, when the Social Security sys- their lenders, and others they do busi- other Government liabilities. It was tem was created, the Government did ness with all the way up and down unlikely that many of the beneficiaries not need to prepare for the possibility Main Street, the entire communities would reach retirement age. of a depleted system. Seniors made up that depend on these hard-working From the employees’ standpoint, in a very small percentage of the popu- farm families that produce the food 1935, Social Security was a big gamble. lation because most people who were and fiber for this world. Employees would be required to par- owed benefits simply never reached re- The bottom line is, changing pay- ticipate in the program, contributing a tirement age. As seniors become a larg- ment limitations midway through the percentage of their income for their en- er portion of our population, we need deal has the real potential to put Ar- tire adult working life. This program to update and modernize the system to kansas farm families and other farm would be a retirement safety net, but save Social Security for the 21st cen- families across the South and in other would only yield a small percentage tury. places in a terrible spot. rate of return. Workforce distribution, as you can In closing, despite the President’s The employee could not access it or imagine, has also changed dramati- willingness to listen to the critics on use it for any other reason. If they hap- cally over the past 70 years. One of the the New York Times editorial board pened to die prior to receiving the ben- more remarkable characteristics in the and break his contract with America’s efits, their family could not inherit the past century was the increase of farmers, I still believe in farmers and account. And even if they were diag- women in the workplace. In 1935, ap- farming communities. I still believe in nosed with an expensive terminal ill- proximately 24 percent of women those people who get up at 4:30 every ness, they could not draw on the Social worked outside the home and generally morning to go out and work that farm, Security account to cover the costs. in a very limited number of profes- to make sure I and the rest of America Times have changed in ways far be- sions, such as nursing and teaching or can enjoy the safest, most abundant yond the hair style, the fashion, and domestic service. Today, slightly less and affordable food supply in the world. the entertainment that is reflected on than 60 percent of women work outside Per capita, we pay less for our food this chart. Demographics have radi- the home in a variety of professions. than anybody else out there. Is that cally shifted, necessitating that we up- Women make up 46.5 percent of the not worth something to us in this Na- date and modernize the system to save workforce today versus approximately tion, to recognize the diversity across Social Security for the 21st century. 23 percent in 1935. our great land, and understand that Life expectancy has changed dra- In 1935, when women did not usually those who farm in different regions of matically over the past 70 years. In work outside the home, they also did the country and farm different crops 1935 the average person lived to be 63 not pay into the Social Security sys- have to use different economies of versus 77 years of age in 2004. This dif- tem as men did. Even though there are scale in order to compete in a global ference becomes even more dramatic now more people paying into the sys- marketplace? when we look at the differences be- tem as they retire, there will be a I want the farming communities in tween men as compared to women. greater number of people drawing on Arkansas to know exactly where my Looking through the Social Security the system a longer period of time. loyalty lies. It lies with them. I will lens in 1935, this was excellent for the As it was structured in 1935, the So- stick with the rock-solid values and system’s financial stability. Men paid cial Security system was not designed hard work of those farm families across into the system but because of life ex- to support elderly people for a long re- Arkansas and other areas of our Na- pectancy generally did not live long tirement such as we enjoy today. As fe- tion. And I will never forget it, even enough to receive benefits. While male workforce participants continue after I am reelected. I encourage the women generally lived longer than to retire and draw benefits, we need to President to relook at what he has men, in 1935 the few women who did update and modernize the system in done to the viability of many of these participate in the workforce still did order to save Social Security for the farm families across the Nation. not generally receive many benefits 21st century. Mr. President, I yield the floor. based on life expectancy. As we all know, Social Security is a The PRESIDING OFFICER. The Sen- As this next chart shows, an Amer- pay-as-you-go system, meaning current ator from Colorado is recognized. ican who turns 65 can expect to live retiree benefits are paid with existing Mr. ALLARD. Mr. President, I under- longer now than they did in the past. employee payroll taxes. As times stand now we are on the Republican Instead of living an additional dec- change, the payroll tax rate has been time. ade, seniors can now expect to live increased a number of times in an ef- The PRESIDING OFFICER. That is about 17 more years. In 2040, when So- fort to keep up with the demographic correct. cial Security is nearly bankrupt, senior changes. Referring to this next chart, f citizens can expect to live even more you can see that payroll taxes have in- additional years. For example, a creased dramatically over the past 70 SOCIAL SECURITY woman who turns 65 in that year is ex- years. They were a lot less when the Mr. ALLARD. Mr. President, I want pected to live another 21 years. With- Social Security system was enacted. to take a moment to talk about Social out permanent reform, this woman will Workers were taxed only 2 percent, and Security and the challenges that face not be able to depend on Social Secu- that was only on the first $3,000 of their this Congress in order to save Social rity for her retirement. We need to up- income; whereas today workers are Security for future generations. date and modernize the system to save taxed 12.4 percent, and on the first When Franklin Delano Roosevelt Social Security so she can have that $90,000 of income for Social Security. signed the Social Security Act into security for the remaining years of her Americans pay a significant amount of law, the United States of America was life. their money toward Social Security. a very different place than it is now. This chart further shows how elderly This amount is still not enough to By looking at this chart, which shows Americans are rapidly becoming a larg- compensate for an aging population

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1155 that may spend more than 15 or 20 made it clear that he believes Social This is a very risky situation for peo- years in retirement drawing benefits Security is a promise we must keep. ple who are working today and contrib- from a system that was never designed Social Security was started to make uting a lot of money. And folks who to support them for that length of sure that no American retiree, no sen- are talking about making small adjust- time. ior citizen lived in poverty. It has been ments to fix Social Security for their Unless we plan to continue the pay- successful in accomplishing that. This future are actually asking them to pay roll tax hikes of the past, which is not is a promise we need to make sure is more into Social Security in return for a prospect I would support, we need to part of any changes in Social Security. a smaller benefit in the future. update and modernize the system to We know that change is frightening Fortunately, our President does not save Social Security for the 21st cen- for all of us, particularly senior citi- think this is a good deal. The plan that tury. zens. I know in my own family, as my the President is discussing—and actu- As I mentioned, Social Security is a relatives have gotten older, the less ally some variations that a lot of us pay-as-you-go system, with current change the better for them. And we have been working on—needs to make workers paying taxes to support cur- need to make sure of any changes in sure that any changes in the Social Se- rent benefits for retirees. This means their financial security, that we reas- curity system are actually a better there must be enough workers paying sure them that we are not taking any- deal for poor and middle-income work- taxes to provide for retirees. The ratio thing away that will put them at risk. ers. I know one plan we have worked on of workers to retirees has been steadily Unfortunately, as we discuss needed is actually constructed in a way that declining, and this is possibly the most changes in Social Security, some have the less people make, the bigger per- telling comparison showing the need taken advantage of this to frighten our centage of their Social Security taxes for reform. seniors. What I would like to discuss goes into their account. This gives younger and lower income workers the As this next chart shows, in 1945, briefly this morning is what retirees chance to accumulate as much money there were 42 workers paying taxes for and workers in this country need to as they need to have a more secure re- every single person receiving benefits. know about the changes that President tirement, with a better retirement in- In 2005, 3.3 workers pay for each bene- Bush is discussing. come. One thing is important to make ficiary, and soon there will be two These plans also give people real workers paying for every single person clear: The changes in Social Security ownership. I have heard folks say that receiving benefits. that we are discussing today and that the President’s ideas take money out As the baby boomers retire, the the President is discussing as he trav- of Social Security and put it in the workforce cannot support the aging els around the country will not affect stock market. That is not true. I don’t population. Since we have such a large anyone over 55. Anyone born before know if folks are confused or just don’t number of retired citizens, the Social 1950 does not have to give these have the facts straight, but what we Security system will be depleted in the changes a second thought. Nothing are talking about with the President’s not so distant future. We need to up- about their retirement income will be changes is for the first time actually date and modernize the system to save affected. It is secure. In fact, the legis- saving the money that people are put- Social Security for the 21st century. lation we are discussing will, for the ting in Social Security. And we are Realities have changed in many dif- first time, guarantee that we won’t talking about, as a government, put- ferent ways since Social Security was change their benefits. It is important ting more money into Social Security created in 1935. People live longer. Sen- for everyone to know, particularly than is now coming in through payroll iors make up a larger percentage of the those over 55, that as the program is taxes. So actually we are adding dol- population. Women make up more of structured today, this Senate, this lars to the Social Security system, the workforce, and the worker-to-bene- Congress, this President could change making it stronger and more secure in ficiary ratio is falling. Unless Congress it at any time. In fact, many people the future. Younger workers will have faces up to these realities, the long- who say there is no problem with the the chance, as they work and grow to- term outlook for Social Security is system and that these things could be ward retirement, to accumulate a sav- very bleak. corrected with small adjustments, un- ings account. And the exciting thing In conclusion, let me point to my fortunately, when you ask them what for us in the Congress is recognizing last chart, which shows that in 2018, these adjustments are, they are always that many Americans now have no sav- Social Security costs will permanently small benefit cuts and tax increases, as ings. They own very little. They can’t exceed revenues, as the lines cross at we have done over 30 times in the past. benefit from the growth in our econ- this point. My colleagues on the other The President is talking about mak- omy. And while a part of America owns side of the aisle would like us to being sure that this doesn’t happen again things and it grows and earns interest, lieve that doing nothing is the best for anyone over 55. But what folks so many Americans don’t have that op- course of action. I happen to believe below 55 need to know—my children portunity. differently. I stress to my colleagues and, hopefully, someday my grand- What the President has put before that the cost of doing nothing is a seri- children—is that we are actually going the American people is the opportunity ous detriment to the Social Security to give them a better deal than they for every American worker to become a system for future generations. Time is have now with Social Security because saver and an investor and to do it in a running out. This problem will not go by the time my children retire, the way that secures their retirement away. This Congress, this year, we current program will begin to cut their much more than it is secure today and must update and modernize the system benefits dramatically. protects their income. I believe that to save Social Security for the 21st It is important for American workers any changes in Social Security using century. today to know that the average Amer- personal accounts should guarantee I yield the floor. ican family contributes over $5,000 a low and middle-income workers a level The PRESIDING OFFICER. The Sen- year in Social Security taxes. That is a of income so that there is no risk to ator from South Carolina. lot of money for families who have them as they look at changes in the fu- f very little money to save. Unfortu- ture. nately, we are not saving one penny of We know, as we have looked at the SOCIAL SECURITY’S CHALLENGE what today’s workers are putting into program, that the opportunity for low- Mr. DEMINT. Mr. President, I rise to Social Security. income workers is actually to get a discuss Social Security and to say how When I say that to folks back home, larger income in retirement than they honored I am to serve along with the they generally smile at me like I am have been promised today. But we need President, who has shown his willing- not telling them the truth: You mean to make sure, answering the critics of ness to confront very difficult issues to we are putting over $5,000 a year in So- these changes, that we assure workers help build a better future for America. cial Security and you are not saving that there will be no benefit cuts, par- President Bush has clearly laid out one penny of that? ticularly for low and middle-income that we have a challenge with our So- I say: That is exactly true, unfortu- workers. And that assurance can be cial Security system, but he has also nately. built into a plan.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1156 CONGRESSIONAL RECORD — SENATE February 9, 2005 It is important that all of us in the great traditions by delivering my istration and was not particularly wel- Senate and the Congress and, of course, maiden speech—a contrast to be sure comed by any leadership in Congress, the President, continue to let the but perhaps a fitting segue since both Senate or House, Republican or Demo- American people know that the Social exercises are about a wonderfully crat. But I could not ignore the wishes Security system, as it is designed unique place called Louisiana and par- of a vast majority of Louisiana citi- today, needs some changes if it is going ticularly the great faces and high zens. to be there for tomorrow’s workers. hopes of its children. As I travelled throughout Louisiana But we also need to reassure them that As I begin, I wish to express to my over the past year, I heard countless these changes actually create a more new Senate colleagues what an enor- seniors in particular tell similar sto- secure and a stronger Social Security mous privilege and honor it is to serve ries about the outrageous costs of their system than we have today. with them. From our most senior Mem- prescription drugs and how it burdens As we have already said, the seniors ber, the senior Senator from West Vir- their lives. The United States is the of today, those near retirement, will ginia, to our youngest, the junior Sen- world’s largest market for pharma- not be affected, but younger workers ator from New Hampshire—I missed ceuticals. Yet we pay the world’s high- for the first time will have the oppor- that mark by 3 years, by the way—this est prices. American seniors alone will tunity to actually save what they are body is filled with bright, talented, and spend $1.8 trillion on prescription drugs putting into Social Security. This is an passionate men and women who care over the next decade. Meanwhile, citi- opportunity for a generation, for us in deeply about our country. And, of zens of virtually every other industri- Congress to save Social Security, course, this includes the senior Senator alized country pay significantly lower strengthen it, and make every Amer- from Louisiana, Ms. LANDRIEU, who prices, lower by 30 percent or more. ican worker a saver/investor. This is an honors me with her presence in the And this includes many countries opportunity of which I want to be a Chamber today. I look forward to which are not dominated by old-fash- part. working with each and every one of ioned statist price control regimes. Thank you, Mr. President. I yield the you, always putting country above My bill would make prescription floor. party, people above politics. That drugs more affordable by expanding Mr. MCCONNELL. Mr. President, be- doesn’t mean we will always agree, of free trade and world commerce, by le- fore the Senator from South Carolina course. In fact, it may mean my words galizing the importation of prescrip- leaves the floor, I know this is his first and actions will be particularly spir- tion drugs from 25 industrialized coun- major policy address. I think he has ad- ited and passionate, but that is only tries with pharmaceutical structures dressed the Senate before on another because of the sincerity and urgency I equivalent or superior to our own. For subject, but this is his first address. bring to an important job in important the first time, individual consumers I would just like to say to the junior times. would be allowed to legally import pre- Senator from South Carolina that I There is also one even greater honor scription drugs for their personal use. have already learned that there is no than serving with you which I want to Critics of drug importation cite safe- one in this body, whether they have acknowledge, and that is being chosen ty as their primary concern. I share a been here a while or just gotten here, to serve by the wonderful people of belief that the safety of prescription who knows any more about the Social Louisiana. drugs is paramount. My bill takes steps Security subject than the Senator from The media and pundits put great em- to address real safety concerns and South Carolina. phasis on my being the first Repub- strengthen existing laws by adding new Mr. President, we need that exper- lican Senator from Louisiana since Re- requirements to promote the safety of tise. This is an extraordinarily impor- construction—or in 121 years. Put an- prescription drugs here at home and tant debate. I thank him for his sup- other way, I am the first Louisiana Re- those brought in from abroad. It in- port and contribution. publican popularly elected to the Sen- cludes new requirements that imported Mr. DEMINT. I thank the Senator. ate in history. I think the people of prescription drugs be packaged and The PRESIDING OFFICER. The Sen- Louisiana were very focused on making shipped using state-of-the-art counter- ator from Delaware. history in my election but in a very feit-resistant technologies or be care- Mr. CARPER. Mr. President, I am different way that had nothing to do fully tested for authenticity before en- happy to be in the Chamber. I recall 4 with narrow partisan politics. They re- tering commerce in our country. years ago when I gave my first speech sponded to my call to make history by Drug importation is not a conserv- in the Senate, and I realize my col- lowering prescription drug prices dra- ative or liberal issue. It is not a Demo- league from South Carolina has given a matically; by expanding choice and ac- crat or Republican issue. It is a uni- lot of speeches over in the House of cess to affordable health care through versal issue and challenge to provide Representatives at the other end of empowering patients and their doctors, our Nation’s consumers access to safe this building, but it was a good day for not Government or insurance company and affordable drugs. That is why I me 4 years ago, and I suspect it is a bureaucrats; by doing the difficult but worked to assemble a coalition of Sen- special day for everyone involved. necessary work to create great jobs in ators and Representatives from across It is a great pleasure to know the Louisiana, such as fighting corruption the political spectrum in support of Senator, and I look forward to working and cronyism and demanding standards this legislation. This coalition makes with him. I welcome the Senator to the and accountability in education; by the bill unique as the first bipartisan Senate and congratulate him on his forging a Federal commitment to save and bicameral drug importation pro- maiden speech. a unique national treasure, the quickly posal. It is the companion bill to that Mr. DEMINT. I thank the Senator. disappearing Louisiana coast; by truly offered by Representative GUTKNECHT The PRESIDING OFFICER (Mr. honoring our seniors with true Social in the House. An earlier version of the DEMINT). The Senator from Louisiana Security that the politicians can’t Gutknecht bill, of course, passed the is recognized. touch. House last Congress with my strong f This is the history Louisiana citizens support and vote and stands as the only voted to make, and this is the history bill ever to pass either body on this WORKING FOR THE PEOPLE OF I am committed to help forge. This is subject. I look forward to working with LOUISIANA AND THE UNITED why my first legislative action as a all of my new Senate colleagues to ad- STATES Senator was to introduce the Pharma- vance this crucial fight. And, of course, Mr. VITTER. Mr. President, what a ceutical Market Access Act of 2005, to my door is always open to those who difference a day makes. At this time put affordable prescription drugs with- want to join our effort or who have yesterday I was riding in a Mardi Gras in reach of all Americans. other ideas on how to bring the high parade with my wife Wendy and four Now, I have to say this was not an cost of prescription drugs down to an young children throwing beads and easy first action. Clearly, this bill is affordable level. This issue is too im- toys to throngs of young revelers. opposed by some very powerful inter- portant for us not to act. Today I stand on the floor of the Sen- ests in Washington such as the big drug In addition to lowering the price of ate to participate in one of its many companies. It is opposed by the admin- prescription drugs, I look forward to

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1157 working with my Senate colleagues to most of our colleagues would readily The PRESIDING OFFICER. The Sen- take on other crucial challenges. I will sign that resolution, so we will see. ator from Pennsylvania. be an active participant in the Social But let me in seriousness thank him Mr. SPECTER. Mr. President, par- Security debate because we have a for joining the effort and putting his liamentary inquiry: We are proceeding duty to the American people to ensure shoulder to the wheel to lower pre- now to go to the class action bill? that their Social Security money is scription drug costs for the people of The PRESIDING OFFICER. The Sen- protected, not just for the current gen- Louisiana and our Nation. There are ator is correct. eration of retirees but for future gen- many critically important and urgent Mr. SPECTER. And the next order of erations as well. That is why I intro- issues before the Congress but that business is the Pryor amendment? duced my version of the Social Secu- ranks among the top. I believe his ex- The PRESIDING OFFICER. That is rity lockbox last week and why I sup- pertise in that area is going to be correct. port the innovative idea of secure per- called on often in the next few months Mr. SPECTER. I see the Senator sonal retirement accounts. as this debate continues. from Arkansas on the floor, so I will This week I will participate in the Also, I would need to mention that I yield the floor. debate on class action reform in sup- thank him for his efforts in mentioning AMENDMENT NO. 5 port of the Senator from Iowa, and I and fighting for, both in his time in the Mr. PRYOR. Mr. President, I send an am hopeful we will not stop here. In House and the Louisiana Legislature, amendment to the desk and ask for its the near future the Senate needs to ad- the issue of coastal erosion. I see our immediate consideration. dress the problem of frivolous lawsuits good friend, the Senator from Arkan- The PRESIDING OFFICER (Mr. GRA- that are driving more and more doctors sas, in the Chamber, and I was joking HAM). The clerk will report the amend- out of business and robbing so many with his colleague, Senator LINCOLN, ment. rural communities of access to the last night, saying if we are not success- The assistant legislative clerk read most basic health care. ful in our efforts against coastal ero- as follows: I will also keep up the fight against sion, they, too, will have the great ben- The Senator from Arkansas [Mr. PRYOR], Louisiana corruption and cronyism for himself, Mr. SALAZAR, and Mr. BINGAMAN, efit of representing a coastal State be- proposes an amendment numbered 5. that still costs us jobs back home. As cause Louisiana may not be there if we Mr. PRYOR. Mr. President, I ask the folks back home know, I have got- do not address this issue. ten a few scars from this battle in the On accountability in education, this unanimous consent that the reading of past but that is OK; I am ready to con- Congress has made remarkable the amendment be dispensed with. The PRESIDING OFFICER. Without tinue this fight in the Senate because progress, and our State, you may not objection, it is so ordered. it is a fight about doing right by Lou- realize but as Senator VITTER knows, is The amendment is as follows: isiana. leading the Nation in both account- I look forward to working with Sen- (Purpose: To exempt class action lawsuits ability and also requirements in those brought by the attorney general of any ator LANDRIEU on key Louisiana new standards, and on transportation. I State from the modified civil procedures projects that will protect and strength- look forward to working with him. required by this Act) en our Louisiana economy. By working He has two excellent committee as- On page 5, between lines 2 and 3, insert the together we will be able to secure the signments on Commerce and EPA. He following: funding needed to preserve our coast, will follow in the great footsteps of ‘‘(1) ATTORNEY GENERAL.—The term ‘attor- finish the construction of I–49, and pro- Senator John Breaux who served so ney general’ means the chief legal officer of tect our State’s vital military installa- ably on the Committee on Commerce a State. tions. in the area of fisheries as well as coast- On page 5, line 3, strike ‘‘(1)’’ and insert Every morning that I wake up at ‘‘(2)’’. al issues on that committee, and on On page 5, line 5, strike ‘‘(2)’’ and insert home in Louisiana, I help my wife Transportation. ‘‘(3)’’. Wendy get our four children up and So I say to Senator VITTER, welcome On page 5, line 12, strike the period at the ready for school and for life. Then I to the Senate. Your energy, your en- end and insert the following: ‘‘, but does not view what flows naturally from that. I thusiasm, and your vision are going to include any civil action brought by, or on be- look for new ideas and innovative ave- mean a great deal to strengthen this half of, any attorney general.’’. nues to improve the lives of every child already august body. Thank you and On page 5, line 13, strike ‘‘(3)’’ and insert ‘‘(4)’’. in Louisiana. And now in doing so I God bless you in your term. On page 5, line 17, strike ‘‘(4)’’ and insert look for new ways to work with every f ‘‘(5)’’. Member of this great body to build On page 5, line 21, strike ‘‘(5)’’ and insert that brighter future. CONCLUSION OF MORNING ‘‘(6)’’. Mr. President, I thank you and I BUSINESS On page 6, line 1, strike ‘‘(6)’’ and insert yield the floor. The PRESIDING OFFICER. Morning ‘‘(7)’’. On page 6, between lines 5 and 6, insert the Mr. MCCONNELL. Mr. President, I business is closed. following: say briefly to the junior Senator from f ‘‘(8) STATE.—The term ‘State’ means each Louisiana, thank you for a marvelous of the several States of the United States, opportunity to hear your first policy CLASS ACTION FAIRNESS ACT OF 2005 the District of Columbia, the Commonwealth speech in the Senate. On behalf of all of of Puerto Rico, the Commonwealth of the our colleagues on both sides of the The PRESIDING OFFICER. Under Northern Mariana Islands, and any territory aisle, we welcome you here, and it is a the previous order, the Senate will re- or possession of the United States. pleasure to listen to your priorities not sume consideration of S. 5, which the On page 14, strike lines 20 and 21, and in- clerk will report. sert the following: only for Louisiana but for the Nation. (1) by striking subsection (d) and inserting I yield the floor. The assistant legislative clerk read the following: The PRESIDING OFFICER. The Sen- as follows: ‘‘(e) As used in this section— ator from Louisiana. A bill (S. 5) to amend procedures that ‘‘(1) the term ‘attorney general’ means the Ms. LANDRIEU. I thank the Chair. I apply to consideration of interstate class ac- chief legal officer of a State; and rise to say a few words to congratulate tions to assure fairer outcomes for class ‘‘(2) the term ‘State’ means each of the my colleague, a gentleman I have members and defendants, and for other pur- several States of the United States, the Dis- known for many years and so many in poses. trict of Columbia, the Commonwealth of Louisiana and around the Nation have Pending: Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory come to admire and respect for his en- Durbin (Modified) Amendment No. 3, to or possession of the United States.’’; and ergy and commitment. I can only say preserve State court procedures for handling On page 15, line 7, insert ‘‘, but does not in- the only disappointment in his maiden class actions. clude any civil action brought by, or on be- speech is that he did not call for the The PRESIDING OFFICER. Under half of, any attorney general’’ before the Mardi Gras to be a national holiday. the previous order, the pending amend- semicolon at the end. The two of us are going to join forces ment is set aside and the Senator from Mr. PRYOR. Mr. President, I rise to and continue to work on that. I think Arkansas, Mr. PRYOR, is recognized. offer an amendment to S. 5, the Class

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1158 CONGRESSIONAL RECORD — SENATE February 9, 2005 Action Fairness Act of 2005, to ensure needed. I offer this amendment on be- thereby impeding one means of protecting that State attorneys general elected by half of a bipartisan group of 46 State our citizens from unlawful activity and its the people of their States as the chief attorneys general who have expressed resulting harm. The Attorneys General have been very suc- law enforcement officer will still be that it is critically important to all cessful in litigation initiated to protect the able to do their business and protect their constituents, especially the poor, rights of our consumers. For example, in the the people of their States. elderly, and disabled, that provisions in pharmaceutical industry, the States have re- My amendment simply clarifies that this legislation be clarified so as not to cently brought enforcement actions on be- State attorneys general should be ex- compromise the traditional law en- half of consumers against large, often for- empt from S. 5 and be allowed to pur- forcement authority. eign-owned, drug companies for overcharges sue their individual State’s interests as I have a letter. Interestingly enough, and market manipulations that illegally determined by themselves and not by raised the costs of certain prescription in the first paragraph of the letter, it drugs. Such cases have resulted in recoveries the Federal Government. says—and these are 46 State attorneys of approximately 235 million dollars, the ma- I know that S. 5 is intended to fix general: jority of which is earmarked for consumer problems around class action law in We take no position on the act as a general restitution. In several instances, the States’ America, and I think most agree that matter and, indeed, there are differing views recoveries provided one hundred percent re- the attorneys general are not part of among us on the policy judgments reflected imbursement directly to individual con- the problem. In the simplest terms, in the act. sumers of the overcharges they suffered as a this amendment allows them to seek This is very clear. The attorneys gen- result of the illegal activities of the defend- State remedies to State problems. I ants. This often meant several hundred dol- eral are split on the underlying act, lars going back into the pockets of those hope we can all agree infringement on but they are not split on their author- consumers who can least afford to be victim- State rights should not be a result of ity being called into question with this ized by illegal trade practices, senior citizens this bill. act. living on fixed incomes and the working poor I believe class actions remain an im- They say: who cannot afford insurance. portant tool for enforcing shareholder Clarifying the act does not apply to and We encourage you to support the afore- and employee rights, for cracking down would have no effect on actions brought by mentioned amendment exempting all actions on telemarketing fraud in attempts to State attorneys general on behalf of their re- brought by State Attorneys General from the provisions of S. 5, or any similar legisla- spective States and citizens. prey on the elderly, and in forcing com- tion. It is important to all of our constitu- panies to improve product safety both I want to talk in just a minute about ents, but especially to the poor, elderly and in the manufacture of unreasonably how State attorneys general are dif- disabled, that the provisions of the Act not dangerous products and in drugs. We ferent from private sector lawyers. I be misconstrued and that we maintain the need to make sure class action reform will get to that in a minute. enforcement authority needed to protect does not unnecessarily restrict the I ask unanimous consent to print in them from illegal practices. We respectfully ability of citizens to seek redress for submit that the overall purposes of the legis- the RECORD this letter signed by 46 lation would not be impaired by such an legitimate claims. State attorneys general, Democrats amendment that merely clarifies the exist- While we all may not agree with and Republicans, collectively rep- ing authority of our respective States. those in Congress that we need to im- resenting more than 90 percent of the Thank you for your consideration of this prove the class action process, we country, who are very concerned that very important matter. Please contact any should all agree that it should not be this legislation as it is written will of us if you have questions or comments. done by shutting State attorneys gen- stop them from doing an important Sincerely, eral out of the system. I believe to do Mike Beebee, Attorney General, Arkan- part of their jobs. sas; Mark Shurtleff, Attorney General, so would circumvent the intent of our There being no objection, the mate- Utah; Gregg Renkes, Attorney General, Founding Fathers in recognizing that rial was ordered to be printed in the Alaska; Fiti Sunia, Attorney General, State sovereignty should not be dis- RECORD, as follows: American Samoa; Terry Goddard, At- missed by Federal action so easily. To NATIONAL ASSOCIATION torney General, Arizona; Bill Lockyer, that end, I offer this amendment in an OF ATTORNEYS GENERAL, Attorney General, California; John attempt to quash ambiguity about the Washington, DC, February 7, 2005. Suthers, Attorney General, Colorado; authority of State attorneys general Hon. BILL FRIST, Richard Blumenthal, Attorney Gen- that may exist in this bill. Senate Majority Leader, U.S. Senate, Dirksen eral, Connecticut; Jane Brady, Attor- It should be known that this com- Building, Washington DC. ney General, Delaware; Robert Hon. HARRY REID, Spagnoletti, Attorney General, Dis- monsense amendment in no way im- Senate Minority Leader, U.S. Senate, Hart trict of Columbia; Charlie Crist, Attor- pairs the class action reforms as in- Building Washington, DC. ney General, Florida; Thurbert Baker, tended in this bill, nor does it in any DEAR SENATE MAJORITY LEADER FRIST AND Attorney General, Georgia; Mark Ben- way expand the authority of State at- SENATE MINORITY LEADER REID: We, the un- nett, Attorney General, Hawaii; Law- torneys general. What this amendment dersigned State Attorneys General, write to rence Wasden, Attorney General, does is clarify the existing authority of express our concern regarding one limited Idaho; Stephen Carter, Attorney Gen- State attorneys general. aspect of pending Senate Bill 5, the ‘‘Class eral, Indiana. I have heard in the hallways, and as Action Fairness Act,’’ or any similar legisla- Tom Miller, Attorney General, Iowa; tion. We take no position on the Act as a Greg Stumbo, Attorney General, Ken- I have gone through the corridors in general matter and, indeed, there are dif- tucky; Charles Foti, Attorney General, the Senate in the last few days, that fering views among us on the policy judg- Louisiana; Steven Rowe, Attorney there are some who do not want any ments reflected in the Act. We join together, General, Maine; Joseph Curran, Attor- amendments to this bill. This amend- however, in a bipartisan request for support ney General, Maryland; Tom Reilly, ment, if accepted, I believe is very con- of Senator Mark Pryor’s potential amend- Attorney General, Massachusetts; sistent with the intent of the bill. I be- ment to S. 5, or any similar legislation, Mike Cox, Attorney General, Michigan; lieve the authors of the bill did not in- clarifying that the Act does not apply to, Mike Hatch, Attorney General, Min- tend to shut out State attorneys gen- and would have no effect on, actions brought nesota; Jim Hood, Attorney General, by any State Attorney General on behalf of Mississippi; Jay Nixon, Attorney Gen- eral. So even though some do not want his or her respective state or its citizens. eral, Missouri; Mike McGrath, Attor- amendments—I think we ought to con- As Attorneys General, we frequently inves- ney General, Montana; Jon Bruning, sider all amendments; some of the tigate and bring actions against defendants Attorney General, Nebraska; Brian amendments are very worthy of consid- who have caused harm to our citizens. These Sandoval, Attorney General, Nevada; eration. Although some do not want cases are usually brought pursuant to the Kelly Ayotte, Attorney General, New amendments, I think they can vote for Attorney General’s parens patriae authority Hampshire; Peter Harvey, Attorney this with a clear conscience that this under our respective consumer protection General, New Jersey. will not change the intent of the bill. and antitrust statutes. In some instances, Eliot Spitzer, Attorney General, New I am a former State attorney gen- such actions have been brought with the At- York; Roy Cooper, Attorney General, torney General acting as the class represent- North Carolina; Wayne Stenehjem, At- eral. I understand the important work ative for the consumers of the state. It is our torney General, North Dakota; Pamela they do for consumers and the most concern that certain provisions of S. 5 might Brown, Attorney General, N. Mariana vulnerable in our society. It is not just be misinterpreted to hamper the ability of Islands; Jim Petro, Attorney General, my opinion that this amendment is the Attorneys General to bring such actions, Ohio; W.A. Drew Edmondson, Attorney

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1159 General, Oklahoma; Hardy Myers, At- heard, and that is that some people on the street and people questioning torney General, Oregon; Tom Corbett, have said this amendment would create their integrity or their sense. So attor- Attorney General, Pennsylvania; Ro- a major loophole because suits could be neys general have a level of account- berto Sanchez Ramos, Attorney Gen- eral, Puerto Rico; Patrick Lynch, At- brought on behalf of State attorneys ability that just does not exist in other torney General, Rhode Island. general, that some attorneys general areas of practice. Henry McMaster, Attorney General, may allow their friends to use their That is an important distinction. As South Carolina; Lawrence Long, Attor- names to avoid moving the case to Fed- I mentioned a few moments ago, nor- ney General, South Dakota; Paul Sum- eral court. mally cases brought by States involve mers, Attorney General, Tennessee; The notion is incorrect and, quite a matter of public policy, and we can Rob McKenna, Attorney General, frankly, it is offensive. Let me be go through a long list of cases and Washington; Darrell McGraw, Attorney clear. show where the public policy is in the General, West Virginia; Peg No one can add a State attorney gen- cases and also show how a lot of these Lautenschlager, Attorney General, Wisconsin; Patrick Crank, Attorney eral without his or her express consent cases would not be profitable for the General, Wyoming. or permission. Moreover, attorneys private sector to bring. Mr. PRYOR. Mr. President, I have general are statewide elected officials Oftentimes there is a matter of fair- served with some of these attorneys accountable to the same citizens who ness and not a matter of money in- general, and I can say they come from vote for us. They work hard and take volved in these cases. There are several different ideological points of view and their responsibility as chief legal offi- major examples where State attorneys different ways of practicing law. As a cers very seriously. State attorneys general have filed a cause of action in whole, they are not taking a position general would not expend the resources State court to protect their citizens or on the bill, but as you can see by this or their reputations to take up a class bring reform. However, if we do not act letter, the vast majority of State AGs action they did not believe was worthy to clarify S. 5, I am concerned this leg- agree on one point: As the chief legal of protecting their citizens. islation would make it much harder for officers for their respective States, In addition, it should be noted that the attorneys general to do their jobs. there must be clarification in the bill in many cases, attorneys general are Back in the 1990s, the attorneys gen- to make sure they can continue to rep- not after the check or the payment in eral around the country pooled to- resent the citizens of their States and litigation. They are not eyeing the big gether and sued the tobacco industry carry out their duties as elected offi- settlement, although in some cases for reimbursement of State moneys as cials. there are large settlements at the end a result of disease brought about by As we all know, attorneys general of the horizon. The primary objective smoking. I know in some quarters that frequently investigate and bring ac- of State attorneys general is not chas- is still a very controversial decision. tions against defendants who have ing the money but bringing about re- Let me very respectfully remind the caused harm to their citizens. These form. Congress that the Congress a year, two cases are usually brought pursuant to Let me be clear on this point. I al- or three before this settlement oc- the attorneys general parens patriae luded to this a few moments ago. State curred had the chance to enter into a authority under their respective con- attorneys general are fundamentally federally mandated global settlement sumer protection and antitrust stat- different from private attorneys. Pri- of all claims. That did not happen. The utes. This is an important point. Not vate attorneys have clients, and they States pursued their case after the all States have parens patriae author- are out there doing what their clients Congress failed to act. ity. In fact, the State of Arkansas, want: trying to get a recovery and try- This tobacco case resulted in a his- when I was attorney general, had very ing to make their clients whole. I un- toric global settlement that drastically limited parens patriae. In fact, one derstand that. That is a good thing. I altered the way our Nation views and could argue none at all. We always had do not have any problem with that. approaches smoking. Money from these to pursue our actions under the Decep- State attorneys general are different. settlements was used by the States for tive Trade Practices Act, which is a Generally speaking—maybe not in youth smoking prevention, to improve State statute, and we had specific au- every single case but generally speak- health care, educate citizens on the thority in that statute. ing, when the State attorney general dangers of smoking, and an increased I heard some people say, again, in the becomes involved, there is a matter of level of treatment for smoking-related hallways here, that all States have public policy in the litigation. In fact, illnesses. My State of Arkansas has parens patriae and therefore we do not I said a few moments ago that the spent every penny of the tobacco need this amendment. But that is not State attorneys general are elected of- money it has received on health-re- the case. In some instances, such ac- ficials. That is not true in every single lated issues—every single penny. tions have been brought with the attor- case. I think there are about 35 elected Back to the point about the dif- ney general acting as the class rep- attorneys general. There are a couple ference in the private sector attorney resentative for consumers in the State. selected by the supreme court or by the representing the individual or rep- It is my concern, as well as those of 46 State legislature, and some are ap- resenting a class versus the attorney attorneys general, that certain provi- pointed by the Governor. general representing the State’s inter- sions in S. 5 might be interpreted to Nonetheless, attorneys general have est and the citizens of the State, when hamper their ability to bring such ac- a level of accountability that you do you look at the settlement agreement tions, thereby impeding one means of not find in private practice because between the tobacco companies and the protecting their citizens from unlawful they are accountable to the people, ei- State, if I recall right, it was about 147 activity and resulting harm. It is important to all consumers, but ther the people who elected them or ap- pages long. It was very detailed, very especially to the poor, elderly, and dis- pointed them or selected them for the negotiated, a very hard-to-reach settle- abled, that the provisions of the act office. And attorneys general, more ment. not be misconstrued and that attor- than private lawyers, are sensitive to I believe it was 147 pages long with- neys general maintain the enforcement criticism. out the attachments, and 91 of those authority needed to protect them from I can assure you, the last thing an at- pages, that is two-thirds of the pages illegal practices. torney general wants to read is an approximately, were about the public I know there are many people who opinion by a judge who is criticizing policy and changing the tobacco indus- want this body to pass class action re- the attorney general for bringing a try’s practices. Here again, in private form this year and do not want to ruin frivolous lawsuit, criticizing the attor- litigation it is about getting recovery its chances by adding too many amend- ney general for going too far. That is for one’s client, and we understand ments to the underlying bill. But, as I the last thing the attorney general that, but when the attorney general is said a few moments ago, in this case, wants to read in the paper. involved it is a materially different with this particular amendment, we Also, there is the court of public type of litigation. are not changing the intent of the bill. opinion. The attorney general does not I have never seen a private settle- I would like to address a falsehood like bad editorials to be written about ment in which two-thirds of the settle- about the amendment that I have him or her. They do not like to be out ment document requires the industry

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1160 CONGRESSIONAL RECORD — SENATE February 9, 2005 or the company to change its practices, Think about it. We do not get those Secondly, by making this change, we but that is the type of litigation the letters anymore. Why? Because the are not obstructing the intent of the attorneys general enter into. States intervened. The States came in bill, but I believe very strongly we are Each State in the tobacco case filed under consumer protection laws and clarifying the authority that already individual suits in their respective looked at how deceptive those ads exists. State’s court alleging fraud. In our par- were. In fact, in Arkansas when I was Third, we should allow our attorneys ticular State, we alleged the Deceptive in the attorney general’s office I would general to seek State remedies to Trade Practices Act violations and also talk to an adult child of a deceased per- State problems. I think this is an im- a number of common law claims. Due son or an adult child who had put their portant piece of this. It goes back to to the nature of the claims, if this leg- parents in a nursing home and they States rights. It goes back to local con- islation as it is written would have ex- would clean out the closets and the liv- trol and people trying to do things the isted at the time of this case, it may ing room or whatever and they would way they want to handle them in their have presented hurdles to the attor- find stacks and stacks of magazines own States. neys general that could have prevented that had been ordered through these a resolution. So I implore all of my colleagues who sweepstakes companies. are champions of States rights or who In 2001, several State attorneys gen- Even if one reads everything in great eral took on Ford and Firestone for want to protect the integrity of the bill detail, they would find in the fine print and want to leave the tools that cur- failure to disclose defects in Firestone that ordering does not increase their tires used on Ford SUVs, of which they rently exist with the State attorneys chances of winning. Most people do not general, to vote for this amendment. should have been aware. These cases read all the fine print. Most people I yield the floor. were brought again in Arkansas, and thought that ordering did increase other States have similar laws, under their chance of winning, and what hap- The PRESIDING OFFICER. The Sen- our State’s Deceptive Trade Practices pened was people would order the same ator from Pennsylvania. Act, fraud and consumer protection magazine. People would tell me they Mr. SPECTER. Mr. President, a time laws. would find 10 copies of the same Sports agreement has been worked out. I ask Let us make this point in another Illustrated or 10 copies of the same unanimous consent that the vote in re- case. In private causes of action, and lation to the Pryor amendment occur there were many relating to the Ford Newsweek or Good Housekeeping because these senior citizens ordered to at 12:15 today, with the time equally and the Firestone litigation, the par- divided in the usual form prior to the ties’ and the lawyers’ primary concern try to win the sweepstakes. It is sad and unfortunate, but they vote, with no amendment in order to was trying to make the plaintiffs saw this as a chance they were willing the amendment prior to the vote. Fur- whole. That is the nature of that type to take to leave a lot of money to their ther, the time to be divided begins of litigation. from when the amendment was sent to In the attorney general actions, we children and grandchildren. So we the desk. So to amplify that, the time established a restitution fund and a came in as States and put a stop to for the Democrats would begin when long series of injunctions against the that. I think it was 26 States that Senator PRYOR started to speak. companies in the way they marketed banded together and put a stop to that. their products. In fact, some people It was alleged that Publishers Clear- The PRESIDING OFFICER. Is there may have noticed they have seen some inghouse was profiting from this fraud objection? new Ford Explorer ads on television in at the expense of the vulnerable elder- Without objection, it is so ordered. recent weeks. These Ford Explorer ads ly. I can recall that these individuals Mr. SPECTER. I know the Senator are due to the attorney general law- had spent their life savings on these from Delaware, Mr. CARPER, has an- suit, and they deal with the safety of fraudulent sweepstakes. When we got other engagement, so I will speak very Ford Explorers. All this goes back to inside of the cases, we found many sen- briefly as the lead opponent of this the way Ford Explorers were marketed iors in Arkansas who had spent hun- amendment. originally. The buyers bought them dreds, maybe thousands of dollars try- I do oppose the amendment. I appre- ing to win sweepstakes. thinking they were safe under pretty ciate the experience of Senator PRYOR Is there someone here who thinks the much all conditions, but practice has having been attorney general of the actions of the attorneys general are taught us differently. So I make that State of Arkansas. I did not hold such out of step with common sense and point one more time to show how dif- a lofty position. I was just a district fairness? In this bill we should make ferent State litigation is versus private attorney, but I appreciate the reasons sure we do not take away any existing litigation. he has put forward for the amendment. authority of the attorneys general. Ultimately, the Ford case was set- It is my suggestion that it is not nec- tled. However, had these States been These are just a few examples of the very hard and worthy work by the essary. When the Senator from Arkan- required to file separate State cases sas has enumerated a number of situa- under their own consumer protection State attorneys general where they are trying to protect the citizens of their tions where attorneys general protect laws, as could be required under this the interests of the citizens of their class action bill, those States would States. I challenge my colleagues to State, that can be accomplished even if have been removed to Federal court. deem the work they do as frivolous or this bill is adopted. In the first place, The Federal court would then have as junk lawsuits because attorneys the bill provides that if two-thirds of been required to become an expert in general around the country have a the parties involved are citizens of the each State’s diverse consumer laws and layer of accountability that does not State, it stays in the State; if one- remedies. exist elsewhere. They are accountable State litigation is different from pri- to the people. They are accountable to third, it goes to the Federal court; and vate litigation, and I think to some de- the legislature that makes their budg- between one-third and two-thirds, it is gree this amendment is a matter of ets. They are accountable to the Gov- up to the discretion of the judge. States rights. In 2000, 26 attorneys gen- ernor. They are accountable in the So even within the confines of the eral from 26 States brought suit court of public opinion. language of the bill, the interests that against Publishers Clearinghouse I ask my colleagues to support this the Senator from Arkansas has articu- claiming that the company was inten- amendment to this bill for several rea- lated will be protected. tionally preying on the elderly by mis- sons. One is that the overwhelming ma- Next, the attorneys general have au- representing their sweepstakes award. jority of State attorneys general, our thority under parens patriae statutes My colleagues may remember that for States’ chief legal officers, are con- enacted by the many state legislatures years people used to get mail with pic- cerned about the language of this bill, to represent the citizens of their State. tures of celebrities, and in big bold let- and we should be concerned about it. They are the lawyer for everybody in ters it would have your name and say: Remember, these attorneys general the State. The Latin phrase of parens You have won X number of millions of represent the citizens in all of our patriae has been adopted and that gives dollars. Or it would say: Congratula- States. They try to get out there and them sufficient standing to undertake tions, millionaire. do the right thing for their citizens. whatever is necessary.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1161 There is a provision in the Pryor stake in it that has a real financial this amendment as worded—and I know amendment which broadens it substan- ability to pay damages, then the legis- this is not his intention—would create tially by providing that any civil ac- lation that is before us actually per- a potential loophole big enough to tion brought by or on behalf of the at- mits an attorney general or, frankly, drive a truck through, that could cause torney general in a State would be ex- any attorney, plaintiff’s attorney, to substantial mischief that is intended to cluded so that there would be latitude bring that kind of class action. be prevented by this very bill. for the attorney general to deputize The legislation that is before us says Finally, as Senator CARPER has said, private attorneys to bring their class if two-thirds of the plaintiffs in a class this is a negotiated bill. There are actions and to find an exclusion, which action lawsuit are from the same State amendments I would like to offer that is a pretty broad exclusion, not to use as the defendant, it will stay in the I think would make it a better bill. But pejorative terms, but a pretty broad State court, no question. The legisla- I think we all realize that after many loophole. tion before us says that if anywhere Senators have labored long and hard to Those are the essential arguments. I from one-third to two-thirds of the try to get us to the point today where could expand on them, but we have plaintiffs on whose behalf the class ac- we literally have bipartisan support for limited time. The Senator from Texas tion is brought meet certain standards this compromise, to offer any amend- has been in the Chamber since we that are set out in the bill, that can ments, and particularly one like this started the debate, but as I understand stay in State court as well. and others that have been filed but not it, he has agreed to yield to the Sen- The legislation that is before us yet called up, would threaten our ator from Delaware. today provides exemptions as well for chance of success. I think that would Mr. CORNYN. It is my understanding incidents involving a sudden single ac- be a shame because we all agree that Senator CARPER would like to speak for cident. The legislation before us today the class action abuses we see are very about 5 minutes. I ask unanimous con- also provides exemptions under the real and are something that do not sent that I be recognized immediately Dodd-Schumer-Landrieu language that benefit the American people or con- after Senator CARPER, and then Sen- provide even further opportunities to sumers in general. ator SALAZAR be recognized in that se- proceed with a class action lawsuit if We have seen that some of these quence. the matter that is being discussed is egregious abuses of the class action The PRESIDING OFFICER. Without truly a local matter, if most of the peo- procedure have been used to make cer- objection, it is so ordered. ple involved both as plaintiffs and detain entrepreneurial lawyers very Mr. SPECTER. I thank the Senator fendants are within that State. wealthy when the consumers literally from Texas, and I yield the floor. The last thing I would say is there get a coupon worth pennies on the dol- The PRESIDING OFFICER. The Sen- are plenty of people on both sides of lar. ator from Delaware is recognized for 5 the aisle who would like to offer I am not opposed to lawyers. Let me minutes. amendments. My fear is if any of those say up front I happen to be a lawyer. Mr. CARPER. Mr. President, I thank amendments were adopted, we invite But I do think that all lawyers, all peo- Senator SPECTER for yielding to me. I the House of Representatives to come ple, anybody with common sense— say to my friend and colleague from back and to offer quite a different bill some may say that excludes lawyers— Arkansas, he knows how fond I am of than the compromise that is before us but I like to think anybody with com- him and how highly I regard him, both today. To those of us who seek reason- mon sense recognizes the very real in his previous role as attorney general able, modest reforms—and this is a abuses that have occurred in the class and as a colleague in the Senate. court reform bill, not a tort reform action system. We have heard a lot When I heard of the amendment he bill—but to those who seek moderate about that. I will not repeat all of that was preparing to offer, I stopped and I reforms incorporated in this legisla- now. I think we all take that as a said to my staff, let’s find out if this is tion, I did not support this amendment given. something I can support. As many of because I think it would simply invite First, let me allude to the letter my colleagues know, we have endeav- the adoption of other amendments and, signed by—the Senator from Arkansas ored to improve this bill over time, and frankly, put us in the situation which said 46 State attorneys general from the legislation before us today is a far will end in a conference with the House the National Association of Attorneys different bill than was first proposed 7 of Representatives with a bill that is General, an organization of which I years ago or even was debated 2 years frankly far different than this one and used to be a member and for which I ago and reported out of committee. will provide an end product not to my have a lot of respect, both for the peo- Senator SPECTER has spoken of the liking and I suspect even less to the ple who help run that organization as option that is available to most attor- liking of those who are opposed to this well as the attorneys general who neys general, an approach called parens compromise. make up its membership. patriae, which I understand means I reluctantly oppose this amendment I point my colleagues to paragraph 2 ‘‘government stands in the place of the with that in mind, but it is not some- in this letter, which I believe makes citizen.’’ For most attorneys general thing I do easily or lightly. my initial point which is that this who wish to file a case on behalf of I thank my friend Senator CORNYN amendment is not necessary to pre- their citizens against some defendant, for making it possible for me to have serve the authority of State attorneys they have the opportunity to use this time. general. Indeed, in the last sentence in parens patriae. For those who do not, The ACTING PRESIDENT pro tem- the second paragraph these 46 attor- in my judgment, they still have the op- pore. The Senator from Texas is recog- neys general say: portunity to use the class action law- nized. It is our concern that certain provisions of suit. Mr. CORNYN. Mr. President, I first S. 5 might be misinterpreted to hamper the What we have sought to do over the want to say how much I respect and ad- ability of attorneys general to bring such ac- last couple of years in modifying this mire the author of this amendment, tions, thereby impeding one means of pro- bill is to make sure that the class ac- Senator PRYOR. He and I served to- tecting our citizens from unlawful activity tion lawsuits brought by an individual gether as State attorneys general, he and its resulting harm. in a State, if they are of a national in Arkansas and I in Texas, for 4 years. In other words, these 46 lawyers, the scope, they would be in a Federal Our careers overlapped. I agree with chief law enforcement officers of these court. If they are not, if they are more him about the important role that at- States, make no claim that in fact this of a local issue involving residents of torneys general play when it comes to bill would impede their authority but, that State, a defendant in that State, protecting a State’s citizens and a rather, that it might be misinter- or even where there are multiple de- State’s consumers. But I think where I preted. fendants, but a defendant in that State part company with my friend Senator I think it is fair to say that any law who has a principal role as a defendant, PRYOR is, No. 1, this amendment is not that has ever been written is capable of not just somebody who was sort of necessary to preserve the authority of being misinterpreted. That is why we pulled out of the air, to make sure the State attorney general to protect have the court system. But we cer- there is a real defendant with a real the State’s consumers, and, second, tainly do not need an amendment like

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1162 CONGRESSIONAL RECORD — SENATE February 9, 2005 this to protect the States or the attor- out the potential for mischief—not I just have to ask whether it is wise— neys general against a potential mis- when cases are brought by an attorney I suggest it is not—to create an excep- interpretation of S. 5, the Class Action general, somebody who is elected by tion, to place outside the protections of Reform bill. That is the function, that the people, whose future, frankly, is de- the bill not the attorneys general per is the role of the courts. I think it is pendent on their dutiful discharge of se but those who seek to bring suits on very plain that no power of the State their obligations and faithful discharge the attorney general’s behalf. I suggest attorney general is impeded by virtue of their duties—but when you carve out to you the evidence in my State—and of S. 5, or will be once it is signed into suits brought on behalf of the attorney perhaps nationwide—indicates that the law. general, which could include any law- lack of accountability to the voters, Indeed, the Senator from Arkansas yer who any attorney general might the lack of concern for ultimate wel- alluded to statutes that are typical of choose to hire as outside counsel and, fare of the consumer, and the potential every State—deceptive trade practice of course, who is unelected and unac- presence of an immediate personal self- acts and consumer protection stat- countable to the people. Here, we see serving motive to maximize a huge at- utes—which in my State and I believe the potential for grave abuses. torney fee, creates enough opportunity in virtually every other State specifi- As I have pointed out, this example for mischief under this well-intended cally authorize the attorney general to was part of the Texas tobacco litiga- amendment that it should be voted seek remedies on behalf of aggrieved tion that was part of a nationwide set down on that basis, if no other. consumers. This bill certainly would of litigation, one which ultimately in- Finally, let me say in conclusion not encroach on that authority. In- volved settlements on behalf of several that I know the Senator from Arkansas deed, he also alluded to common law individual States. I want to say, if my has filed this amendment in good faith claims that are asserted by the attor- memory serves me, that Florida, Mis- and certainly does not intend any of neys general in pursuit of justice for sissippi, and Texas filed their indi- the results I have suggested here their State’s citizens. vidual lawsuits and had individual today. But I reiterate what the Senator We heard the Senator from Delaware judgments rendered. But the remainder from Delaware has said, and what I talk about the parens patriae doctrine, of the States, including, I believe, the have been told both privately and pub- which is generally recognized as pro- States of the Senator from Arkansas licly. If I were to offer amendments viding the authority to the attorney and the Senator from Colorado—they which I believe would make this bill general to sue on behalf of his State’s will correct me if I am wrong—they better, it would be a poison pill for this citizens. I acknowledge, as he said, had a collective judgment rendered litigation. Indeed, I believe that no there are some variations in terms of against the tobacco industry of almost the court’s interpretation in each matter how well intended the amend- $250 billion, a sum we would recognize, ment offered by the Senator from Ar- State about the scope of that doctrine even here in Washington, as being sig- and how much or what kinds of actions kansas is, it would have that same ef- nificant. fect. I don’t believe that is in anyone’s might be authorized. But clearly, when The problems presented by outside State law and the State Constitution interest. counsel performing the duties of an at- I thank the Chair. I thank my col- specifically provide for the right of an torney general under an exception like attorney general, a State attorney gen- leagues. this just go on and on. My own experi- I yield the floor. eral, to sue on behalf of his State’s citi- ence is, again, where outside counsel of The PRESIDING OFFICER. The Sen- zens, then this bill, when made a law, the State of Texas claimed the right to ator from Colorado. will not in any way impede that en- $3.3 billion out of the Texas tobacco Mr. SALAZAR. Mr. President, I rise deavor. lawsuit recovery, which by any reason- Finally, in terms of the lack of neces- in support of the amendment which has able measure was an extraordinary fee, sity of this bill, the Senator from Dela- been offered by the Senator from Ar- one that, when calculated by the hours ware pointed out that where a substan- kansas. I have a great deal of respect of work actually put into the lawsuit, tial number of a State’s citizens are for the National Association of Attor- has been described as scandalous and party to a class action and are located neys General. I also served in that posi- unconscionable. The ultimate concern in one State, they are carved out by tion in the past, as well as the Senator must be the public interest. By accept- the very terms of this bill so that the from Texas and the Senator from Ar- ing an amendment that would place case will remain in State court if that kansas. is where it was originally filed. outside the scope of this bill someone Let me very quickly make three But the real danger in this amend- bringing a lawsuit on behalf of the at- points. ment—and here again I am not sug- torney general, somebody unelected by First, as has already been alluded to gesting that anyone intended this, but the people, not accountable at the by both the Senator from Texas and I think it does show the potential for polls, we would be creating an environ- the Senator from Delaware, the intent mischief with amendments that have ment ripe for fraud. of this bill is to have no effect whatso- not been the subject of long debate and Let me tell you this: I recall that ever on the powers and duties of the at- negotiation—is the language that says: many of the States’ attorneys general torneys general to enforce their con- . . . does not include any civil action believed in good faith that the tobacco sumer protection responsibilities. I be- brought by or on behalf of the Attorney Gen- industry was responsible for contrib- lieve that point should be very much a eral of any State. uting to the death and the illness of part of the legislative history of this I am very sensitive to that particular hundreds of thousands of Americans legislation as it moves forward. phrase in the amendment because of a, each year. Indeed, that is a fact. We Second, the powers and duties of the frankly, very tragic experience I had as lose 400,000 people each year in this attorneys general in our States are attorney general of my State. It is a country as a result of consuming to- very important powers and duties. fact that my predecessor as attorney bacco products. But the lawsuits Those are in those cases powers and du- general in the State of Texas is cur- brought, which were ultimately settled ties that result from elections of the rently in the Federal penitentiary. He by the tobacco industry, were brought people of their States who elected indi- is in the Federal penitentiary because under the guise of protecting children viduals to serve in the capacity of at- he was convicted, based on his own and protecting the American con- torney general. confession, of mail fraud and other vio- sumer. We now see that almost $300 bil- In the context where we are limiting lations of law primarily related to his lion was paid out but not a single to- the ability for class actions to be attempt, almost successful, to back- bacco company is out of business brought under S. 5, that ability of the date outside counsel contracts with an today. Indeed, they continue to make attorneys general to protect vulnerable old buddy of his, that would poten- their product, not only in this country consumers is all the more important. It tially entitle his friend to $520 million but worldwide. There has been no de- is important for us to make sure as out of the taxpayers’ recovery in the crease in the number of people who get this legislation is being considered that Texas tobacco litigation. sick or die as a result of consuming to- we all understand it is going to have no I take no pleasure in bringing this up bacco products in this country each impact on the powers and duties of the but merely make mention of it to point year. attorneys general.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1163 The letter that came in from our 46 general lawsuits authorized under bill. Our bill would put an end to class of our former colleagues, interestingly, State constitutions or under statutes. action abuses without diminishing the is an accumulation of almost all of the One reason this amendment is not ability of State attorneys general to attorneys general from around the necessary is because our bill will not protect their citizens in State court. country. It includes Democrats and Re- affect those lawsuits. Our bill provides This is another way for lawyers to keep publicans alike. It includes Repub- class actions under that term ‘‘class cases in State courts. licans such as my successor, John action’’ as defined to mean any civil This is what this bill is all about, to Suthers, from the State of Colorado, action filed in a district court of the make sure that cases that have na- and Democrats such as Tom Miller United States under rule 23 of the Fed- tional significance are not determined from the State of Iowa. I think their eral Rules of Civil Procedure or any by some county judge in one of our 50 letter and Senator PRYOR’s amendment civil action removed to a district court States that end up having national im- with respect to some of those are in- that was originally filed under State plications. Those cases should be in deed just an effort to make sure the statute or rule authorizing an action to Federal court and, for the most part, legislative intent that has been talked be brought by one or more representa- under our legislation will be. about here would impact the legisla- tives as a class action. This amendment would seriously cretion; that is, that this legislation, S. 5, The key phrase there is ‘‘class ac- ate a loophole in the reforms we are is not going to have any diminishing tion.’’ Hence, because almost all civil trying to accomplish with this bill. I effect whatsoever on the powers and suits brought by State attorneys gen- urge my colleagues to join me in oppos- duties of the attorneys general to pro- eral are parens patriae suits, similar ing this amendment. ceed forward under the laws of their representative suits or direct enforce- Mr. HATCH. Mr. President, I rise in States, both constitutionally and also ment actions, it is clear they do not opposition to the amendment offered consumer protection laws. fall within this definition. That means by my colleague from Arkansas. At I yield the floor. that cases brought by State attorneys best, this amendment is unnecessary. The PRESIDING OFFICER. The Sen- general will not be affected by this bill. At worst, it will create a loophole that ator from Iowa. The supporters of this amendment some enterprising plaintiffs’ lawyers Mr. GRASSLEY. Mr. President, I say it is necessary because State attor- will surely manipulate in order to keep have been working on this legislation neys general can bring class actions their lucrative class action lawsuits in for five Congresses, and I would like to and those cases might become remov- State court. get this legislation to the President able to Federal court. That possibility Before I go into more details about without any amendments. We have does not make this amendment nec- the problems with the amendment, I heard from the highest levels of the essary. That is because State attorneys would like to point out that the Na- House of Representatives that if we can general are not required to use class tional Association of Attorneys Gen- pass this bill without amendments, we actions to enforce their State laws. If eral does not endorse this measure, nor will be able to get it to the President State attorneys general want to re- has it pushed for its inclusion in the without going to conference; in other cover on behalf of their citizens, they class action bill. One would expect that words, the House will adopt it the way can always bring actions as parens if the current bill somehow impairs the we do. patriae suits under statutes that au- ability of State attorneys general to I don’t know how many times I would thorize representative actions or even bring lawsuits on behalf of their citi- like to have heard that in the House of as direct enforcement actions. Again, zens, we would have a position from Representatives. I don’t know when I such lawsuits will not be subject to them by now. But we do not, and the have ever heard that in my entire ca- this bill. association’s silence speaks volumes reer. I hope everybody in the Senate In addition, our bill has been drafted about the merits of this amendment. has a strong heart. If I didn’t have a so as to distinguish between solely Let me first note that this amend- strong heart, I wouldn’t say that. And truly local class action lawsuits and ment, which excludes from the scope of if I heard it, I wouldn’t believe it. I those that involve national issues. this legislation any ‘‘civil action would pass out if the House was going That compromise, which was not part brought by or on behalf of, the Attor- to take something the Senate did with- of my original bill, was reached with ney General of any State,’’ is unneces- out question. We ought to grab the ball Senator FEINSTEIN on the home State sary. Let me explain why. and run with it. exception provision as well as further State attorneys general have author- Regardless of the merits of the compromises made with Senators ity under the laws of every State in amendment by the Senator from Ar- DODD, SCHUMER, and LANDRIEU, dealing this country to bring enforcement ac- kansas, I hope we can defeat that with the local controversy exception. tions to protect their citizens. These amendment. This amendment would As a result of these compromises, they suits, known commonly as parens exclude this language from the bill: will keep then truly local cases where patriae cases, are similar to class ac- ‘‘Any action brought by or on behalf of they ought to be—in State court. tions to the extent that the attorney the Attorney General of any State.’’ Another concern with this amend- general represents a large group of peo- I ask my colleagues not to be fooled. ment is that it is worded in such a way ple. Although this amendment sounds good, to exclude class actions, not just by But let me be perfectly clear that and there was a good presentation State attorneys general but also, in they are not class actions. made by the authors of the amend- their words, on behalf of State attor- There is no certification process, ment, it is potentially harmful and neys general. The way this provision is there are no representative class mem- could lead to gaming by class action drafted would allow plaintiffs’ lawyers bers named in the complaint, and lawyers. I will explain what I mean by to bring class actions and simply in- plaintiffs’ attorneys who stand to gain gaming. clude in their complaint a State attor- millions of dollars in fees. Rather, they First, before I do that, in my judg- ney general’s name as a purported class are unique lawsuits authorized under ment, the amendment is not necessary. member, arguably to make their class State constitutions or State statutes I will explain. State attorneys general action completely immune to the pro- that are brought on behalf of the citi- have authority under the laws of every visions of this bill. Plaintiffs’ lawyers zenry of a particular State. These ac- State to bring enforcement action to could simply ask State attorneys gen- tions are brought typically in con- protect their citizens. Sometimes these eral to lend their name to a class ac- sumer protection matters under State laws are parens patriae cases, similar tion lawsuit so as to keep them in the law and usually involve local disputes. to class actions in the sense that the State court. As such, S. 5 in no way affects these State attorney general represents the That creates a very serious loophole lawsuits. people of that State. In other in- in this bill. We should not risk creating To underscore, I direct my colleagues stances, their actions are brought di- a situation where State attorneys gen- to section 1711(2) of the bill which ex- rectly on behalf of that particular eral can be used as pawns so that plicitly defines a ‘‘class action’’ to State. But they are not class actions; crafty class action lawyers can avoid mean any civil action filed in a district rather, they are very unique attorney the jurisdictional provisions of this court of the United States under rule

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1164 CONGRESSIONAL RECORD — SENATE February 9, 2005 23 of the Federal Rules of Civil Proce- sions. I think this is the very type of The intention of this Senate and the dure, or any civil action that is re- forum shopping that S. 5 is supposed to conference is not to limit any existing moved to a district court of the United eliminate and we should not be encour- rights or any existing abilities of the States that was originally filed under a aging it now. State attorneys general in pursuing State or rule of judicial procedure au- Indeed, to give the potential gaming cases they may deem appropriate to thorizing an action to be brought by some real life perspective, I direct your pursue. one or more representatives as a class attention, Mr. President, to an article In addition, a number of the oppo- action. from the Boston Globe which reports nents, maybe all, have focused on some This statutory definition makes it that the Massachusetts attorney gen- language in the bill. We need to clarify perfectly clear that the bill applies eral had made arrangements with pri- that language so when we vote on this only to class actions, and not parens vate plaintiffs’ attorneys to prosecute we will be able to vote from an in- patriae actions. Class actions being a consumer-oriented class action formed position. The language is ‘‘but those lawsuits filed in Federal district against the drug store chain does not include any civil action court under rule 23 of the Federal rules Walgreens. Under the arrangement, the brought by or on behalf of any Attor- of civil procedure or lawsuits brought plaintiffs lawyers pocketed hefty fees ney General.’’ in State court as a class action. Nei- while the state AG’s office received a Chairman GRASSLEY and others have ther of these conditions are met when portion of the settlement money. pointed to that language and indicated compared to the nature of a parens But the article reports that this pri- they have some concern with that. I respect that concern. patriae action, and consequently, are vatization arrangement has drawn crit- Let me flesh that out, if I may. In icism because the settlement did very excluded from the reach of this bill. virtually every State, and probably What I think the proponents of this little to benefit consumers. The article every State, the work of the attorney amendment are really concerned about reports that too little of the settle- general’s office is too large for one per- is the impact of this bill on State at- ment money actually went to con- son to do. In other words, the AG him- torneys general if they choose to pur- sumers, but rather to groups such as self or herself cannot sign every plead- sue an action other than a parens Public Citizen, the American Lung As- ing, cannot attend every hearing, can- patriae action. But this possibility sociation, and Massachusetts Bar Asso- not participate in everything. They does not make this amendment nec- ciation. Perhaps more troubling about cannot do it. There are not enough essary. the article is the alleged campaign con- hours in the day and the workload is First, attorneys general are not re- tribution ties between the private at- too heavy. Again, I think every State quired to use class actions to enforce torneys who prosecuted these cases and law does this routinely. I don’t know of their State laws and protect their citi- the State attorney general office. any exception. What that means is zens. To the contrary, their main weap- Given the close ties between this every attorney general in America has on has been, and continues to be, the State AG and private attorneys, I find an assistant attorney general or dep- parens patriae action authorized under that this amendment will only encour- uty attorney general or some other ti- State statute. age these types of arrangements in the Second, this legislation has been tled person in their office who every future that do not benefit consumers. single day routinely does things on be- carefully crafted to distinguish be- We do not want to risk creating a sit- half of the attorney general. It has to tween truly local suits and those that uation in which State attorneys gen- involve national issues. Thus, if an at- be that way. eral can be used as pawns so that class Under the laws of the States, the attorney general brings a class action, action lawyers can remain in one of torney general is the one who is ulti- and that class action involves matters their magic jurisdictions and avoid the mately responsible. When a pleading is of truly local concern, it will certainly import of this bill. S. 5 would put an signed, that signatory—whichever dep- fall under one of the bill’s exceptions. end to class action reform without di- uty or assistant or attorney general it On the other hand, if the lawsuit is minishing in any way the ability of may be—that person is binding the aimed at an out-of-State corporation State attorneys general to discharge State’s attorney general to certain for conduct that affects citizens in their duty to protect their citizens— things in the pleadings. multiple States, or if the lawsuit is and to do so in State court. I urge my The attorney general is the officer of interstate in nature, then that suit colleagues to vote against this amend- the court. The attorney general has should be removed to Federal court. ment. ethical responsibilities and ethical du- Removal of such a case is particularly The PRESIDING OFFICER. The Sen- ties. I would argue that these ethical appropriate because there would likely ator from Arkansas. duties are above and beyond what is in be similar suits brought in a number of Mr. PRYOR. I thank my colleagues the private practice of law because courts, and one of the central purposes for their attention to this amendment. that lawyer, as the attorney general, is of this legislation is to promote judi- I am encouraged in one way because I representing the State he or she was cial efficiency and fairness by allowing know they have spent time with the elected or selected to represent. Also, copy-cat class actions to be coordi- amendment and studied it, analyzed it. some are concerned that the phrase ‘‘or nated in one Federal proceeding. What encourages me is all four who on behalf of’’ may mean that a private As I noted earlier, this amendment is spoke against this—in fact, every Sen- sector law firm could be retained by not only unnecessary, it actually creator who spoke against the amend- the State to pursue a matter. That is ates opportunities for gaming. If this ment—have said that this bill as cur- true. That is existing law today. And legislation enables State attorneys rently drafted will not alter or limit everybody has said the intention of S. general to keep all class actions in the existing rights of any State attor- 5 is not to limit or alter or change any State court, it will not take long for ney general. That is very good news. authority of the States’ attorneys gen- plaintiffs’ lawyers to figure out that all I don’t agree with that interpreta- eral. they need to do to avoid the impact of tion. In fact, there are 46 attorneys So all that is true. However, in every S. 5 is to persuade a State attorney general, Democrats and Republicans State I am aware of—I cannot promise general to simply lend the name of his from all over the country, who have this is true in every State, but in every or her office to a private class action. written a letter saying they do not State I am familiar with, there is a In other words, plaintiffs’ lawyers will agree, or at least they have concern process which States’ attorneys gen- try to keep interstate class actions in with that interpretation. eral have to go through in order to hire State court by simply naming that I hope when this law, if it passes, S. outside counsel. I think if we spent 30 State’s attorney general at the end of 5, is challenged, and it will be at some minutes looking at various States and complaint as a cocounsel or of-counsel. point or be litigated at some point, and the needs of various States, probably Undoubtedly, we will see arguments a State attorney general tries to pur- 100 percent of the people in the Senate that if an attorney general merely sue some sort of action and there is a would understand that there may be sends in a letter saying that he/she is challenge saying the State cannot do cases where it might be appropriate to sympathetic 10 the action, the lawsuit it, I hope the courts will recognize the hire outside counsel under certain cir- will be exempt from the bill’s provi- legislative history we developed today. cumstances.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1165 But there is a process. For example, The PRESIDING OFFICER. Is there a The motion to lay on the table was in Arkansas, we had to go to the State sufficient second? agreed to. legislature. We had to go to the State There appears to be a sufficient sec- Mr. SPECTER. Mr. President, the legislative committee and get approval ond. Senator from Missouri has requested to hire outside counsel. We also had to The yeas and nays were ordered. some time in morning business, which have the Governor sign off on the ap- Mr. PRYOR. Mr. President, I yield is acceptable to the managers. Senator proval. So we had both the legislative the floor. BOND will take 10 minutes in morning and the executive branch signing off on Mr. GRASSLEY. I suggest the ab- business. Then we will proceed to that decision. Again, I cannot promise sence of a quorum. amendments. every State has that same process, but The PRESIDING OFFICER. The I see our colleagues on the other side every one I am familiar with has some clerk will call the roll. of the aisle who have risen, who are sort of process they go through and do The legislative clerk proceeded to ready for amendments, so after Sen- that. call the roll. ator BOND’s 10 minutes we will proceed The United States is a union of Mr. SPECTER. Mr. President, I ask with the laying down of an amend- States. We should not think of these unanimous consent that the order for ment. attorneys general as attorneys. I tried the quorum call be rescinded. Mr. KENNEDY. Reserving the right to make this point several times. They The PRESIDING OFFICER. Without to object, my intention was just to call are different than private practice at- objection, it is so ordered. it up. If I could have the attention of torneys. These attorneys represent the Mr. SPECTER. Mr. President, the the leader? It was just to call it up, State. They are the mouthpiece for the time of 12:15 having arrived, we are set have it before the Senate. We have State. They do the will of the legisla- for the vote. I move to table the Pryor other Senators who want to speak. ture of the State in all of its various amendment No. 5, and I ask for the Then I will speak on it later, after my capacities. yeas and nays. colleagues speak. Mr. President, may I ask how much The PRESIDING OFFICER. Is there a Could I have the opportunity to call time I have? sufficient second? up my amendment and just have it be- The PRESIDING OFFICER (Mr. There appears to be a sufficient sec- fore the Senate? THUNE). Fifteen seconds. ond. Mr. SPECTER. Do I understand the Mr. PRYOR. Mr. President, after the The question is on agreeing to the Senator from Massachusetts wants 2 15 seconds, what will happen? Can I ask motion. The clerk will call the roll. minutes? unanimous consent to extend it for an- The assistant legislative clerk called Mr. KENNEDY. That will be plenty. other, say, 10 minutes? the roll. Mr. SPECTER. Does the Senator The PRESIDING OFFICER. Is there Mr. MCCONNELL. The following Sen- from Missouri agree? objection? ator was necessarily absent: the Sen- Mr. BOND. I am agreeable. Without objection, it is so ordered. ator from New Hampshire (Mr. AMENDMENT NO. 2 Mr. PRYOR. Thank you, Mr. Presi- SUNUNU). dent. [Rollcall Vote No. 5 Leg.] Mr. KENNEDY. I ask unanimous con- But the only point I was going to sent the pending amendment be set YEAS—60 make on that is, we are a union of aside and call up my amendment, No. 2, Alexander DeWine Martinez States. We should always see the Allard Dodd McCain which is at the desk. States’ attorneys general as being a Allen Dole McConnell The PRESIDING OFFICER. Without little different than private sector law- Bennett Domenici Murkowski objection it is so ordered. The clerk yers. There is nothing wrong with pri- Bond Ensign Nelson (NE) will report. Brownback Enzi Roberts vate sector lawyers. Like I said many Bunning Frist Santorum The assistant legislative clerk read times during the course of this debate Burns Graham Schumer as follows: on this amendment, they are doing Burr Grassley Sessions Carper Gregg Shelby The Senator from Massachusetts [Mr. KEN- their job. They are representing their Chafee Hagel Smith (OR) NEDY], for himself, Ms. CANTWELL, Mr. BIDEN, clients, and that is great and fantastic. Chambliss Hatch Snowe Mr. LEAHY, and Mr. CORZINE, proposes an That is the way the system works. But Coburn Hutchison Specter amendment numbered 2. the State’s attorney general does more. Cochran Inhofe Stevens On page 15, strike lines 3 through 7, and in- Coleman Isakson Talent The State’s attorney general has more sert the following: Collins Kohl Thomas ‘‘(B) the term ‘class action’— responsibility. When they speak, they Cornyn Kyl Thune ‘‘(i) means any civil action filed under rule speak on behalf of the State. It is kind Craig Lincoln Vitter Crapo Lott Voinovich 23 of the Federal Rules of Civil Procedure or of like us being here in Washington. DeMint Lugar Warner similar State statute or rule of judicial pro- Certainly we are everyday citizens like cedure authorizing an action to be brought everybody else, but we are elected to NAYS—39 by 1 or more representative persons as a come here and represent our States in Akaka Durbin Lieberman class action; and this great body. Baucus Feingold Mikulski ‘‘(ii) does not include— Bayh Feinstein Murray ‘‘(I) any class action brought under a State So I will ask my colleagues to try to Biden Harkin Nelson (FL) see States’ attorneys general in a dif- Bingaman Inouye Obama or local civil rights law prohibiting discrimi- ferent light, in a materially different Boxer Jeffords Pryor nation on the basis of race, color, religion, Byrd Johnson Reed sex, national origin, age, disability, or other light, not a slightly different light but Cantwell Kennedy Reid classification specified in that law; or in a materially, substantially different Clinton Kerry Rockefeller ‘‘(II) any class action or collective action light than you see your ordinary attor- Conrad Landrieu Salazar brought to obtain relief under State or local neys in private practice. Corzine Lautenberg Sarbanes law for failure to pay the minimum wage, Dayton Leahy Stabenow Like I said, some say this amend- Dorgan Levin Wyden overtime pay, or wages for all time worked, ment is unnecessary because it honors failure to provide rest or meal breaks, or un- the integrity of the bill. I like that in NOT VOTING—1 lawful use of child labor’’; terms of legislative history. But I also Sununu Mr. KENNEDY. Mr. President, be- say the counterargument there is: If it The PRESIDING OFFICER. Are there cause of other Members’ schedules, is unnecessary and if it does not any other Senators in the Chamber de- they want to address this and other change the impact of the bill, why not siring to vote? issues at this time. I intend to come vote on it and allow the amendment to The result was announced—yeas 60, back and have a more complete state- make sure we are all protecting the nays 39, as follows: ment. ability of our States to pursue litiga- The motion was agreed to. This is about discrimination. It is tion in the way they have always been Mr. SPECTER. Mr. President, I move also about a worker’s rights. Those able to do that. to reconsider the vote. were issues that were never intended to Mr. President, I ask for the yeas and Mr. BOND. I move to lay that motion be included in this class action legisla- nays on my amendment. on the table. tion.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1166 CONGRESSIONAL RECORD — SENATE February 9, 2005 I will have more to say about it, but (2) the district court shall require each here] in any class action over which the dis- it is an extremely important amend- party to submit their recommendations for trict courts have jurisdiction, asserting ment. I will address the Senate on this subclassifications among the plaintiff class claims arising under State law concerning issue in a very short period of time. based on substantially similar State law; and products or services marketed, sold, or pro- (3) the district court shall— vided in more than 1 State on behalf of a pro- I thank the floor managers for their (A) issue subclassifications, as determined posed class, which includes citizens of more courtesies in letting us get this matter necessary, to permit the action to proceed; than 1 such State, as to each such claim and up. Hopefully, we will have a chance or any defense to such claim— midafternoon to have a vote on it. (B) if the district court determines such Here is the amendment: Mr. BOND. Mr. President, I ask unan- subclassifications are an impracticable (1) the district court shall not deny class method of managing the action, the district imous consent I may be permitted to certification, in whole or in part, on the court shall attempt to ensure that plaintiffs’ speak as in morning business for up to ground that the law of more than one State State laws are applied to the extent prac- 10 minutes. will be applied. The PRESIDING OFFICER. Without tical. Mrs. FEINSTEIN. Mr. President, That solves the problem of the kind objection, it is so ordered. of unanswered question in this bill, Can (The remarks of Mr. BOND are printed what I would like to do is say a few words on behalf of this amendment a class action remain uncertified? The in today’s RECORD under ‘‘Morning answer is, clearly, no. Business.’’) which is submitted on behalf of both Senator BINGAMAN, who will be on the (2) the district court shall require each The PRESIDING OFFICER. The Sen- party to submit their recommendations for ator from Pennsylvania. floor shortly to speak on it, and myself. subclassifications among the plaintiff class Mr. SPECTER. Mr. President, the based on substantially similar State law; and senior Senator from California is on As the legislation has been debated, (3) the district court shall— the floor to offer an amendment, titled Senator BINGAMAN has raised, I think, (A) issue subclassifications, as determined the Feinstein-Bingaman amendment, a reasonable, valid, and a real concern necessary, to permit the action to proceed; which has been the subject of consider- about whether certain national class or action cases may be caught in a catch- (B) if the district court determines such able discussion. subclassifications are an impracticable As I have said in the earlier portions 22 when they were prohibited from having their cases heard either in State or method of managing the action, the district of the discussion on this bill, I believe court shall attempt to ensure that plaintiffs’ class action reform is necessary to Federal court, leaving the case to reside in oblivion. State laws are applied to the extent prac- move cases into the Federal courts, but tical. This problem was best described by I think it is important that there not the Bruce Bromley Harvard Law Pro- This provides guidance to the judge. be any substantive law changes, as I in- fessor Arthur Miller in a letter he sent Secondly, it requires these cases re- dicated previously on the floor. I had to Senator BINGAMAN. It is a lengthy ceive certification in the district court. been in support of the Bingaman letter, but I will read one part: We believe this is a good solution. It amendment. The management in oppo- Under current doctrines, federal courts is a significant solution. I hope this sition will be handled by Senator hearing state law-based claims, must use the Senate will accept that. HATCH. ‘‘choice-of-law’’ rule of the State in which Let me say something about this bill I yield the floor. the federal district court sits. These proce- as a supporter of a class action bill. The PRESIDING OFFICER. The Sen- dural rules vary among states, but many pro- This bill is not perfect. It represents ator from California. vide that the federal court should apply the the best that can be done to solve what Mrs. FEINSTEIN. Mr. President, I substantive law of a home state of a plain- is a real problem in our legal system. I tiff, or the law of the state where the harm thank the Senator from Pennsylvania. have tried to spend a good deal of time I ask unanimous consent that the occurred. In a nationwide consumer class action, such a rule would lead the court to on this issue through Judiciary Com- pending amendment be set aside. apply to each class member’s claim the law mittee hearings, personal hearings The PRESIDING OFFICER. Without of the state in which the class member lives with both sides, and research and anal- objection, it is so ordered. or lived at the time the harm occurred. As ysis. AMENDMENT NO. 4 noted, most federal courts will not grant As I said in the Judiciary Committee Mrs. FEINSTEIN. Mr. President, I class certification in these situations be- when we marked up the bill, I had a send an amendment to the desk. cause they find the cases would be ‘‘unmanageable.’’ kind of epiphany in one of the hearings The PRESIDING OFFICER. The a few years ago when a woman named That is the catch-22. You send a con- clerk will report. Hilda Bankston testified before our sumer class action to Federal court, The assistant legislative clerk read committee. She was the owner of a the judge says it is unmanageable, will as follows: small pharmacy, with her late hus- not certify it, the case cannot go back The Senator from California [Mrs. FEIN- band, in Mississippi. The Bankstons to State court and it sits in oblivion. STEIN], for herself and Mr. BINGAMAN, pro- were sued more than 100 times for Senator BINGAMAN and I have worked poses an amendment numbered 4. doing nothing other than filling legal to address this problem. I believe we Mrs. FEINSTEIN. Mr. President, I prescriptions. The pharmacy had done ask unanimous consent that reading of have. The original solution proposed by nothing wrong, but they were the only the amendment be dispensed with. drugstore in the county, a county that The PRESIDING OFFICER. Without Senator BINGAMAN was a bit too broad because it could impact consumers in was so plaintiff friendly that there are objection, it is so ordered. actually more plaintiffs than residents. The amendment is as follows: States with strong consumer protection laws such as my State of Cali- So she, in effect, became a person to (Purpose: To clarify the application of State sue in that county to enable the forum law in certain class actions, and for other fornia. What we tried to do, and did, was develop a compromise amendment shopping process to take place. purposes) I will read a letter from her because On page 24, before line 22, insert the fol- that provides Federal judges with guidance on how to proceed in these cases, it is indicative. Let me say this: This lowing: bill is not anti-class action as some (c) CHOICE OF STATE LAW IN INTERSTATE while leaving the judges with the dis- CLASS ACTIONS.—Notwithstanding any other cretion they need to manage their would have Members believe. This bill choice of law rule, in any class action, over court dockets. tries to fix a broken part of class ac- which the district courts have jurisdiction, This ensures that national class action which is the ability to venue or asserting claims arising under State law con- tions will be heard. They will be cer- forum shop and to make that much cerning products or services marketed, sold, tified and claimants in those cases will more difficult. The Bankston case is a or provided in more than 1 State on behalf of be more likely to receive the benefit of reason for doing that. So many people a proposed class, which includes citizens of such as Hilda Bankston, innocent peo- more than 1 such State, as to each such his or her own State’s law. claim and any defense to such claim— Let me quickly go over the amend- ple who have done nothing wrong, get (1) the district court shall not deny class ment. The amendment basically pro- caught up in how these class actions certification, in whole or in part, on the vides that: are put together. ground that the law of more than 1 State Notwithstanding any other so-called Let me quickly read what she told us will be applied; choice of law rule [which is what is involved in committee:

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1167 For 30 years, my husband, Navy Seaman since then to make it clear that cases the bill as is or forget it, there is not Fourth Class Mitchell Bankston, and I lived that are truly national in scope should going to be a bill. There is an arrange- our dream, owning and operating Bankston be removed to Federal court. But ment with the House to take the bill if Drugstore in Fayette, MS. We worked hard equally important, the rules preserve it is exactly as is. and my husband built a solid reputation as a Well, in many complicated issues, caring, honest pharmacist . . . truly State actions so that those con- Three weeks after being named in the fined to one State remain in State there are dilemmas or problems or [first] lawsuit, Mitch, who was 58 years old courts. issues or corrections that need to be and in good health, died suddenly of a mas- Now, the original bill that came to made which appear as the legislative sive heart attack . . . the Judiciary Committee said all class process takes place. And that is what I sold the pharmacy in 2000, but have spent actions where a substantial majority of has happened with this bill. In certain many years since retrieving records for the members of the class and the de- areas of concern, where the law may be plaintiffs and getting dragged into court fendants are citizens of the State silent, and case law may be conflicting, again and again to testify in hundreds of na- would be moved to Federal court. We I think it is important to clarify the tional lawsuits brought in Jefferson County law. That is what the Feinstein-Binga- against the pharmacy and out-of-state man- changed this. I actually offered an ufacturers of other drugs . . . I had to hire amendment in committee that changed man amendment does. There is a hole personnel to watch the store while I was this definition to split the jurisdiction there. The issue is governed by old case dragged into court on numerous occasions to into thirds. Now there is less ambi- law. What we do is, in essence, codify testify. guity about where a case will end up, that so we make clear the discretion I endured the whispers and questions of my and more cases will actually remain in that the judge has. customers and neighbors wondering what we State court. Most importantly, we make clear did to end up in court so often. And, I spent I think that is important to stress: that a bona fide class action going to many sleepless nights wondering if my busi- Federal court is not going to fall into ness would survive the tidal wave of lawsuits more cases will actually remain in State court. This is an important com- oblivion because a judge is going to cresting over it . . . say, Oh, my goodness, there are so This lawsuit frenzy has hurt my family and promise. my community. Businesses will no longer lo- If more than two-thirds of the plain- many State laws at issue here I can’t cate in Jefferson County because of fear of tiffs are from the same State as the possibly manage the case, and, there- litigation. The county’s reputation has driv- primary defendant, the case automati- fore, that judge does nothing and the en liability insurance rates through the roof. cally stays in State court. case goes nowhere. No small business should have to endure If fewer than one-third of the plain- So I think we have worked out a good the nightmares I have experienced. tiffs are from the same State as the solution. I know Senator BINGAMAN This amended Class Action Fairness primary defendant, the case may auto- was here on the Senate floor. I would Act goes a long way toward stopping matically be removed to Federal court. say to the Senator from Pennsylvania, forum shopping by allowing Federal Remember, this happens only if one of I know he is desirous of saying a few courts to hear truly national class ac- the parties asks for removal. Other- words. So perhaps if his staff is listen- tion lawsuits. The Constitution itself wise, these cases, too, remain in State ing, they will urge him to come to the states that the Federal judicial power court. floor. Otherwise, Mr. President, I ‘‘shall extend . . . to controversies be- In the middle third of the cases, thank the Chair, and I thank the chair- tween citizens of different States.’’ where between one-third and two- man. Yet an anomaly in our current law I yield the floor. thirds of the plaintiffs are from the Mr. GRASSLEY. I suggest the ab- has resulted in a disparity wherein same State as the primary defendant, class actions are treated differently sence of a quorum. the amendment would give the Federal The PRESIDING OFFICER. The than regular cases and often stay in judge discretion to accept removal or clerk will call the roll. State court. The current rules of proce- remand the case back to the State The legislative clerk proceeded to dure have not kept up with the times. based on a number of factors which are call the roll. The result is a broken system that has defined in the bill. Mr. BINGAMAN. Mr. President, I ask strayed far from the Framers’ intent. I would hope Members would take unanimous consent that the order for I believe this bill is a well-thought- the time to read the bill. I think it is the quorum call be rescinded. out, reasoned and an easily read bill. I an important bill. I think to a great ex- The PRESIDING OFFICER. Without have actually read it three times—as tent it has been maligned in that peo- objection, it is so ordered. solution to this problem it does a num- ple have chosen to interpret it as anti- Mr. BINGAMAN. Mr. President, I rise ber of things. class action. I think if those of us—and to express my strong support for Sen- First, the bill contains a consumer it is interesting that some of us on this ator FEINSTEIN’s amendment. The class action bill of rights to provide bill are not attorneys; Senator GRASS- amendment will provide courts with greater information and greater over- LEY, Senator KOHL, certainly myself guidance as to how to manage large sight of settlements that might un- from the Judiciary Committee—I think multistate class actions in Federal fairly benefit attorneys at the expense if you are not an attorney, you can court. This amendment addresses a of truly injured parties. look at the forest and not really get flaw in the underlying legislation that, For instance, the bill ensures that caught up in some of the process trees if left uncorrected, could leave many judges review the fairness of proposed of that forest, and you can make an as- properly filed multistate consumer settlements if those settlements pro- sessment whether the forest well serves class actions without a forum in which vide only coupons to the plaintiffs. It class action cases. those cases could be heard. bans settlements that actually impose I think these changes, and particu- I had prepared an amendment that net costs on class members. It requires larly the diversity requirement would have reaffirmed the discre- that all settlements be written in plain changes, make this a much sounder tionary authority of a judge to select English so all class members can un- way to make a decision as to whether the law of one State, as is currently derstand their rights. And it provides a class action should remain in State permissible under the Constitution, that State attorneys general can re- court or is truly national in scope and, and reaffirm the right of the judge to view settlements involving plaintiffs. therefore, should be heard by the Fed- do that instead of denying certification All these things are important guar- eral court. for large multistate consumer class ac- antees for the plaintiff, for the indi- I commend to this body the consumer tions. There were some concerns raised vidual, for the aggrieved party. I be- bill of rights. It is very clear in reading by my colleagues, and I have agreed to lieve it makes the class action proce- the bill that protections are given for withhold that amendment and lend my dure much sounder for the consumer. coupons. There is review for settle- support to the Feinstein compromise Secondly, the legislation creates a ments. The consumer is taken very se- approach. I believe the Feinstein com- new set of rules for when a class action riously. I think the system is im- promise will accomplish what I in- may be so-called removed to Federal proved. tended to address in my amendment; court. These diversity requirements Now, let me speak just for a moment that is, to make sure injured con- were modified in committee and again to this business: Well, you have to take sumers have their day in court.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1168 CONGRESSIONAL RECORD — SENATE February 9, 2005 By amending the diversity jurisdic- [t]he Class Action Fairness Act would sim- . . . it is nearly a truism that nationwide tion rules, the Class Action Fairness ply allow federal courts to more easily hear class actions in which the claims are subject Act of 2005 will give almost exclusive large, national class action lawsuits affect- to varying State laws cannot be certified be- jurisdiction to the Federal courts to ing consumers all over the country. cause they are simply unmanageable. hear class action cases. The proponents Similarly, in testimony before the Obviously, these arguments have of the legislation argue that such Judiciary Committee on July 31, 2002, been persuasive before the Federal changes are necessary due to abuses Walter Dellinger stated: courts. In re the Ford Motor Company that are occurring in a handful of State [t]he principal purpose and effect of the ignition switch products liability liti- courts. Although the bill makes [class action] bill is undeniably modest: it gation that was in the U.S. District changes to other aspects of class action merely adjusts the rules of diversity jurisdic- Court for New Jersey, that court stat- tion so that certain large multi-party ed: litigation, such as coupon settlements, cases—those with true nationwide compass, [P]laintiffs’ first cause of action contends this procedural removal of cases from affecting many or even all states at once— that Ford breached an implied warranty of State court to Federal court should be will be litigated in the federal courts rather merchantability under each of the many the focus of our scrutiny. This goes to than in the courts of just one state (or coun- States’ laws that govern this action. Vari- ty) or another. the core of the 10th amendment of the ations among these States’ laws, however, Constitution that preserves the right Suffice it to say, the new Federal di- preclude classwide adjudication of plaintiffs’ of a State to protect its citizens. While versity statute for purposes of class ac- claims. this shift may be necessary in certain tion will accomplish this as very few, if This case involved a defective igni- cases, it should not be taken lightly, as any, cases will meet the standards nec- tion switch that caused it to fail. It has we will be taking away the ability of essary to remain in State court. The been claimed that this failure may States to hear cases involving injuries operative question is, then, What will have resulted in as many as 11 deaths to their citizens that are in violation of happen to these cases once they are in and 31 injuries, not to mention almost the State law. This is clearly a funda- the Federal court system? If we look at a billion dollars spent by consumers to mental change in jurisprudence. the past decade or so, we note an inter- replace the defective product. The case Class action suits have long provided esting pattern. Although some State was ultimately settled, but it was only a means for individuals to band to- courts have certified these large settled after a State court in California gether to seek a remedy when they multistate class actions, the Federal agreed to certify a class. have collectively been damaged in a courts have not. In fact, six U.S. cir- Senator FEINSTEIN’s amendment manner that is significant but would cuit courts of appeal—the Third Cir- makes sure that by moving these cases not be economical to advance on their cuit, the Fifth Circuit, the Sixth Cir- to Federal court, we are not pushing own. These actions empower those citi- cuit, the Seventh Circuit, the Ninth them into a forum that will fail to hear zens who would be left without redress, Circuit, and the Eleventh Circuit—and those cases because too many State absent the collective effort of others. at least 26 Federal district courts have laws apply. This system has provided a necessary denied class certification in multistate The amendment requires the parties balance to a system weighted toward consumer class actions. Except for a to submit plans as to how the case those with the means to defend their 1986 Third Circuit decision which has could be managed by dividing it into actions in court. The suits also take since been narrowed to only its facts, subclasses based on the similarity of much of the pressure off of a State at- no U.S. circuit court of appeals has the State laws that would need to be torney general. The State attorneys granted class certification in such a applied. The judge would then have the general are not able to investigate and case. At the same time, at least seven discretion to divide the class into sub- seek remedies for all the citizens who different States have certified large classes or use some other manner that have been damaged or hurt by business multistate consumer class actions. ensures that the plaintiffs’ State laws in and outside of a State. Class actions Under rule 23(b)(3) of the Federal are applied. reduce the need for overly burdensome Rules of Civil Procedure, an action Under the Feinstein amendment, the regulations and laws that would be ‘‘may be maintained as a class action if Federal court is not required to divide necessary if it were to be forced to the court finds that the questions of the class into subclasses; it is simply limit the discretion given to businesses law or fact common to the members of discretionary. It can still follow the to operate in a responsible manner. the class predominate over any ques- State’s choice of law rules, or use any Finally, class action litigation pro- tions affecting only individual mem- other means permissible to ensure that tects our citizens from future injuries bers.’’ the plaintiffs’ State laws are applied to by putting an end to certain acts of Because class action lawsuits involv- the extent practicable. corporate malfeasance and negligence. ing fraud and deceptive sales practices If we are going to take away the Although there have been abuses on oc- or sales of defective products allege right of State judges to hear a class ac- casion, the benefits of class action liti- violations of State consumer protection, it is incumbent upon us to make gation should be evident. Under cur- tion statutes or common law, there is sure the Federal judge is not able to rent law, an individual has the right to always a possibility that the laws to be not certify the class because too many participate in a class when a number of applied will be different. If a court de- State laws would apply. That would be people have been injured in a similar termines that they must apply the an unfair result. fashion by the same defendant. Once laws of different States to different I have heard many Members argue the class has been created, if the injury members of a class action, they often that a deal is a deal; therefore, Mem- is based on a violation of State law— find that questions of law common to bers who support the bill, including and many are, as there are really no the members of a class do not predomi- those who were able to get changes general consumer protection laws—the nate. That renders the adjudication of made to the bill before it was brought class representative generally has the the case as a class action unmanage- to the floor, should be precluded from option of filing either in State court or able, and they deny class certification. supporting any amendment, including Federal court. In this respect, a class This denial is effectively the end of the this amendment. I remind my col- action is similar to any action that is action. It is not hard to understand leagues that although this legislation filed in court; that is, the plaintiff is why State courts are the forum of has been around for years, there has the master of his or her claims. choice for these large class actions. not been a single amendment to im- The proponents of this legislation The proponents of this legislation are prove this legislation that has been have argued that the basic goal of the aware that Federal courts do not cer- voted on on the floor of the Senate legislation is to move these large class tify these large class actions. In fact, prior to this week. actions to Federal court. For instance, in most cases, they argue this very The stated intention of the pro- Stanton D. Anderson, executive vice point in court. ponents of this bill is to avoid con- president and chief legal counsel for For example, in re Simon, the second ference with the House and to have the U.S. Chamber of Commerce, wrote litigation, which was before the U.S. that Chamber pass the bill exactly the in the Philadelphia Inquirer, dated Court of Appeals for the Second Cir- way it passes the Senate. While they February 27, 2004, that: cuit, the Chamber of Commerce opined: argue this is a reason to not support

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1169 amendments, I would argue the oppo- merce argued against certification, refile these cases since they would ulti- site. Because we know this is the only stating that it is nearly a truism that mately be back before the same judge opportunity for any Member of Con- nationwide class actions in which the who failed to certify the class in the gress to amend this legislation, it is claims are subject to varying State first place. imperative that we remain openminded laws cannot be certified because they Finally, the proponents of the bill to the few amendments that are going are simply unmanageable. have argued that taking away the right to be offered and debated on the bill. As I mentioned before, this is not of a judge to deny certification based In the 22 years I have been in the just an abstract situation. There are on too many States’ laws is a violation Senate, I do not recall a single piece of over 300,000 homeowners in Mississippi, of due process and is anticonsumer. It legislation that could not have bene- Louisiana, Florida, and Texas who seems implausible to me that an fited from input from all interested have been compensated for defective amendment that would ameliorate the Members of the Senate. The Founding siding they had purchased for their impact of denying States the right to Fathers of our country created a legis- houses. When this case was brought be- hear certain cases could be considered lative branch that is intentionally de- fore the Federal court, it was not cer- either a violation of due process or liberative and subject to the repetitive tified, in part because the court could anticonsumer. I believe the amend- processes of debate and amendment. not ‘‘imagine managing a trial under ment of the Senator from California is I remind my colleagues of the lan- the law of 51 jurisdictions on the defec- fair. It is a reasonable approach to guage included in last year’s non- tiveness of masonite siding.’’ Because dealing with a serious problem created amendable Omnibus appropriations bill an Alabama State court agreed to cer- in the underlying legislation. that would have allowed staff from the tify the case for trial, the case was set- As Chairman SPECTER stated earlier appropriations committees to review tled, and these homeowners were com- in the week, this legislation is intended taxpayers’ tax return information. pensated for their damages. to change the procedure for class ac- That one provision almost derailed the Proponents of the legislation also tions and not the substantive law. entire spending bill for our country. argue that a class denied certification Without Senator FEINSTEIN’s amend- Clearly, if Members had been presented would be free to refile its cases in ei- ment this bill could effectively limit with an opportunity to review the bill ther State or Federal court. Based on the substantive rights of citizens to ob- on the floor, to amend that bill, we the underlying legislation, the State tain a remedy for modest damages could have avoided that problem. court cases, almost without exception, when a defendant has injured many in As elected officials, we have a re- would be removed again to the Federal a similar fashion. I hope my colleagues sponsibility to the public to do our best court, and once in Federal court, the to improve legislation before it be- will join me in supporting the Fein- case would be sent to the same Federal comes law, which I believe argues for stein amendment. court that failed to certify the class in I have a letter I received from Pro- Members to consider each amendment the first place due to the procedure for fessor Arthur Miller at the Harvard with an open mind. If my colleagues consolidation and the operation of the Law School. He has been very helpful disagree with this amendment, then I encourage them to vote against it. multidistrict litigation panel. to me and to other Senators in trying This MDL, multidistrict litigation However, if they agree with me that to help us understand the seriousness panel, streamlines large, unwieldy this catch-22, which is in the current of the issue and the importance of rem- multidistrict litigation involving the bill, should be corrected, then I hope edying this through proposals such as same parties and the same facts when they will vote for this Feinstein the Feinstein amendment. I ask unani- those cases are filed in Federal courts. amendment, regardless of whether you mous consent that the letter be printed This panel of seven judges appointed by previously stated support for the over- in the RECORD at the end of my re- the Chief Justice of the Supreme Court all bill. marks. I would like to acknowledge and determines which cases pending in Fed- There being no objection, the mate- thank the chairman of the Judiciary eral court should be transferred to a rial was ordered to be printed in the Committee, Senator SPECTER, for his single district court for purposes of RECORD, as follows: support of my amendment and what I hearing and ruling on pretrial matters, HARVARD LAW SCHOOL, Cambridge, MA, June 17, 2005. understand to be his support of the including the matter of class certification. Hon. JEFF BINGAMAN, Feinstein amendment. No one could de- U.S. Senate, bate the chairman’s dedication to get- The proceedings can be initiated by the MDL panel or by any party in- Washington, DC. ting this bill passed. Yet he agrees that DEAR SENATOR BINGAMAN: I am happy to the legislation would be improved by volved in one of the actions pending in respond to your letter of June 14 asking for correcting the problem we have identi- a district court. All cases of a similar my views of your proposed ‘‘choice of law’’ fied. nature in Federal court, including amendment to the proposed ‘‘Class Action Substantively, one of the arguments those filed after the consolidation, are Fairness Act’’ (S. 2062). After decades of that was raised by proponents of the affected and subject to being trans- teaching, practicing, writing, and serving ferred. Once a transferee court has the Judiciary in various public service ca- bill is that courts have been certifying pacities in the fields of civil procedure, com- classes in these large multistate class been selected, it rules on all pretrial motions, including class certification, plex litigation, and class actions, I very in- actions, even though all of the circuits terested in any federal legislation affecting I mentioned before in numerous dis- but will send the cases back to the class action lawsuits, and particularly, in trict courts have denied certification transferor courts for trial, assuming the possibility of making this particular leg- on the ground that the case is unman- that the case has not settled or been islation fairer and more balanced. ageable. The cases enlisted by pro- dismissed. All future cases involving In general, S. 2062 would place in federal ponents of the bill in defense of their similar claims and similar parties are court most class actions that involve more claim that cases have been certified automatically sent back to the same than $5 million in losses and more than 100 class members, and in which any defendant are cases involving a Federal question transferee court for any future actions. Class actions by their very nature is a citizen of a state that is different from or certifications of a class for purposes that of any member of the plaintiff class. In of settlement. These types of certifi- are large cases and they are affected by effect, the proposed legislation would fed- cations are entirely different than the the ability of the MDL panel to con- eralize all class actions of any significance. I cases we are referring to; that is, cases solidate, as there are generally dif- be1ieve that this radical departure from one involving violations of State law for ferent cases pending in district courts of the most basic, longstanding principles of purposes of a trial. The only way these throughout the country. Under current federalism is a particular affront to state cases are going to get to the settle- law, a class based on claims of State judges when we consider the unquestioned ment phase is if there is the possibility law violations can avoid this consolida- vitality and competence of state courts to tion by remaining in State court, but which we have historically and frequently that a case could be taken to trial, if entrusted the enforcement of state-created necessary. It is an important distinc- this will no longer be the case after rights and remedies. I recognize, however, tion. this bill becomes law. Instead, plain- that apparently a majority of the Senate Again, I point to this in re Simon II tiffs who go through the consolidation supports the idea of moving most class ac- litigation where the Chamber of Com- process and are not certified will not tion lawsuits from state to federal court. If

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That real Procedure 23(b)(3), which governs most con- those from highly-populated states, where possibility goes beyond the just mentioned sumer class actions brought in federal court. the damages suffered by the class members intrusion on federalism principles and raises Rule 23(b)(3) says, in pertinent part: ‘‘An ac- will be large enough to finance a costly and legitimate concerns about the fairness and tion may be maintained as a class action if typically risky class action lawsuit. This balance of S. 2062. . . . the court finds that the questions of law may be a practical and viable solution for Proponents of S. 2062 argue that federal or fact common to the members of the class those who live in a state like California or courts are the more appropriate forum for predominate over any questions affecting Texas. But it will leave millions of con- lawsuits involving plaintiffs from multiple only individual members.’’ When courts feel sumers who have been harmed in less-popu- states. They assert that the goal of the bill compelled to apply the laws of different lated states, such as your home state of New is to ensure that nationwide cases will ‘‘be states to different members of a class action, Mexico, without relief. litigated in the federal courts rather than in they often find that questions of law com- Your amendment effectively and effi- the courts of just one state (or county) or an- mon to the members of the class do not pre- ciently allows multi-state class actions in other.’’ Of course, that statement ignores dominate, leading them to conclude that consumer cases to be certified in federal the fact that state courts have been trusted proceeding on a class action basis would court. It actually accomplishes what the bill to adjudicate multi-state controversies since prove to be unmanageable, and they deny purports to achieve—giving harmed con- the foundation of the Nation. Moreover, the class certification. sumers from multiple states one federal truth is that these cases are not litigated in Federal courts often conclude they must forum in which to seek relief. Under your federal court; most commonly they are de- apply the laws of different states to different amendment, the federal judge will have the nied class certification. The proposed legisla- members of a class action after they engage discretion to apply one state’s law, as long tion would magnify that reality. in a complex ‘‘choice of law’’ analysis to de- as that is constitutionally permissible. Or Federal courts have consistently denied termine which state’s law to apply to the the judge may choose to manage the case in class certification in multi-state lawsuits claims of the class members. Under current a different way, perhaps by grouping states based on consumer laws as well as other doctrines, federal courts hearing state law together that have similar laws into sub- state laws. This fact is acknowledged by based claims must use the ‘‘choice-of-law’’ classes or by using exemplar or test cases or most class action practitioners and experts, rule of the state in which the federal district by resorting to the increasingly sophisti- regardless of their position on class action court sits. These procedural rules vary cated tool chest of management procedures policy issues. Just last year, the U.S. Cham- among states, but many provide that the fed- our courts have developed. In any event, the ber of Commerce—the leading proponent of eral court should apply the substantive law judge may not dismiss a case on the ground S. 2062—filed an amicus curiae brief in the of the home state of the plaintiff, or the law that the litigation is unmanageable simply U.S. Court of Appeals for the Second Circuit of the state where the harm occurred. In a because multiple state laws apply. The judge urging the court to overrule a distinguished nationwide consumer class action, such a district court’s class certification decision does, of course, maintain the discretion to rule would lead the court to apply to each refuse to certify the class on other grounds. because ‘‘. . . federal courts have consist- class member’s claim the law of the state in ently refused to certify nationwide class ac- The amendment is quite modest, but it does which the class member lives, or lived at the restore some balance and fairness to the bill tions in product defect cases because the time the harm occurred. As noted, most fed- need to apply the laws of many different by increasing the likelihood that citizens eral courts will not grant class certification will have access to the courts to present states would make such a sprawling class ac- in these situations because they find that tion unmanageable.’’ The Chamber went on their grievances. the classes would be ‘‘unmanageable.’’ Your letter to me notes that proponents of to conclude, ‘‘. . . it is nearly a truism that Your amendment would allow a federal nationwide class actions in which the claims the bill are portraying this amendment as court to choose not to follow the choice-of- anti-consumer. Such a characterization are subject to varying state laws cannot be law rule of the state in which the court is lo- certified because they are simply unmanage- could not be further from the truth and is cated. The federal judge could instead make little more than rhetoric. Indeed, in my able.’’ On this point, the Chamber is cor- the case more manageable by choosing the rect—not a single Federal Circuit Court has judgment, it is S. 2062 that is anti-consumer. law of one state with sufficient ties to the As noted above, under current practice, granted class certification for such a law- underlying claims to meet the choice of law federal courts rarely certify nationwide con- suit, and six Circuit Courts have expressly requirements that the Constitution demands sumer class actions. In almost every in- denied certification. be met. That state often will be the state in It is not surprising that federal courts are stance in which allegations of wrongdoing which the defendant’s headquarters is lo- reluctant to grant certification to multi- injuring large numbers of consumers have cated, or where the product was designed or state class actions based on state consumer been brought, the decision to deny class cer- manufactured, or where the marketing mate- protection laws. After all, these are laws tification will eviscerate any opportunity for rials were conceived, or where the particular with which the federal courts generally are the victims to seek redress. The individual business practice being challenged was devel- not familiar or comfortable. Imagine the dis- members of the class simply will not suffer oped or executed. comfort of a federal judge, then, when con- losses large enough to justify bringing suit If the federal district judge chooses to re- fronted with a case involving tens of thou- solely on one person’s behalf. It is hardly ject the option of applying one state’s law to sands of individuals from all fifty states and anti-consumer to provide a mechanism to en- the case, your amendment ensures that the state laws that at least superficia11y appear able federal courts to certify cases and afford judge does not deny class certification on the to be different. Moreover, our federal courts consumers an opportunity to have their sole ground that the laws of more than one have limited resources and are responsible grievances heard. state would apply to the action. This pro- for adjudicating a tremendous array of sub- Thus I believe your amendment provides a tects consumers from being caught in the ul- stantive matters. State courts, on the other balanced solution. It allows injured con- timate Catch-22 situation—their lawsuit is hand, are far more comfortable handling sumers a better chance of getting their day in federal court because the class includes cases involving state contract or tort law in court. And it provides federal judges with and are, therefore, more inclined to try to people from many states and Congress has a reasonable way to manage multi-state find a way to hear and resolve those cases. said that is the only place the class can go, class actions based on consumer laws. Your proposed amendment will provide but then, the federal court will not grant You also note that proponents of the legis- guidance to federal judges that will enable class certification precisely because the lation have suggested that this amendment more multi-state consumer class actions to class involves citizens from multiple states. is unconstitutional. There is no basis for be certified in federal court and, hopefully, That simply violates the most basic prin- such an assertion. resolved on their actual merits. If S. 2062 is ciples of citizen access to the courts. I be- Your amendment expressly honors the enacted without the amendment, class ac- lieve that your amendment strikes the ap- Constitution by stating, ‘‘the district court tion lawsuits brought on behalf of consumers propriate balance among the interests of the may apply the rule of decision of one state who have been defrauded or injured because class members, defendants, and the courts. having a sufficient interest in the claim that of corporate misconduct that affected people Most important, it will ensure that S. 2062 the application of that state’s law is permis- in multiple states will continue to be non- does not lead to the unintended consequence sible under the Constitution.’’ Although the viable. of robbing from consumers their only avenue amendment allows a federal judge to apply The following is a brief description of how to seek redress from corporations that vio- one state’s law, it does so only when that is federal courts currently treat class actions late the law. constitutionally acceptable. based on different state laws. It will eluci- If S. 2062 passes without your amendment, The constitutional limitation on applying date the need for an amendment like yours the only outlet for injured consumers will be a single state’s law to a multi-state action is in the event that Congress does indeed give single-state class actions. But that would fly derived from Phillips Petroleum Co. v. Shutts federal courts exclusive jurisdiction over in the face of what the proponents of the bill et al., 472 U.S. 797 (185), a case that I argued class actions that involve solely state law are apparently trying to achieve, which is to on behalf of Phillips Petroleum Co. before claims. consolidate nationwide class actions in one the Supreme Court. The Court held that ‘‘for The rationale that many federal courts use forum, federal court, so that businesses do a State’s substantive law to be selected in a for refusing to certify consumer class actions not have to face multiple lawsuits through- constitutionally permissible manner, that

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1171 State must have a significant contact or sig- have now, after four Congresses—this it would not go, so instead of the nificant aggregation of contacts, creating is the fifth Congress—to get this bill to Bingaman amendment we have in front state interests, such that choice of its law is the President. It has passed the House of us a Feinstein modification of the neither arbitrary nor fundamentally unfair.’’ so many times, and we have never been Bingaman amendment. Id. at 818 (internal cite and quotations omitted). Thus, as long as there are ‘‘significant able to get it to finality in the Senate. I am in the same position I was with contacts’’ and the choice of law is not ‘‘arbi- We have the House in position now, the amendment of Senator PRYOR, ask- trary’’ or ‘‘fundamentally unfair,’’ then a even after all of these compromises we ing people to defeat the Feinstein- single state’s laws may apply to a multi- have made which have diluted the bill Bingaman amendment. I will be very state class action. Neither party can object more than I would have liked to have precise why that needs to be done. But to that. done, of passing a bill the leadership in Because your amendment effectively codi- the substance of the amendment and the House of Representatives tells us my arguing against the substance of fies Shutts, it is constitutional. If there is a they will take the way we pass it and multi-state class action in which no single the amendment should not carry as state’s law meets the constitutional stand- send it to the President as long as much weight with my colleagues as my ard set forth in Shutts or if the judge does there are no changes, and this assur- pleading with them that we defeat all not choose to apply a single state law that ance about no changes comes from two amendments because this bill has been does meet the constitutional criteria, then standpoints. compromised to satisfy a super- the judge may follow the choice of law rules One, in the previous Congress we majority of Senators—not a bare ma- of the state in which the district court sits. made compromises to get Democratic jority, a supermajority. Part (b) of the amendment does not impli- votes with the idea that once those cate the Constitution in any way. It merely changes were made and we got this bill So I take this opportunity to speak provides that if the judge does not apply a through the Senate, they would not be out against the Feinstein-Bingaman single state law, then he or she may not deny changed in the House. We also got the ‘‘choice of law’’ amendment, and I urge certification under Rule 23 on the narrow my colleagues to oppose it. Pure and ground that multiple states’ laws apply to assurance from the House that they the case and make it unmanageable. It en- would not change it, even though the simple, this amendment blows a hole in courages federal judges to try to go forward House has passed much stronger legis- the bill and guts the modest reforms and reach the merits of the dispute. lation a couple of times. So there is an we are finally going to be able to get to Thus, your amendment gives federal judges assurance in this body for people who the President. appropriate guidance about how to address would rather not pass strong legisla- This amendment would require the multi-state consumer class action lawsuits. It does not mandate a result or tie their tion but they know there needs to be Federal courts to certify a class that hands. This ability to make a case more some changes in class action regime, to does not meet basic class action re- manageable will allow at least some multi- make some modest changes, and make quirements. In addition, what the state consumer class actions to be heard, sure that what they agree to will be amendment does is a contravention of rather than to be denied certification. As the what gets to the President, and then the requirements of rule 23 of the Fed- California State Supreme Court aptly recog- the House saying now for a new Con- eral Rules of Civil Procedure, which nized, defendants should not be able to keep gress they will pass this legislation rule says you have to have similar law ill-gotten gains ‘‘simply because their con- without amendment. in fact in order to certify a class. The duct harmed large numbers of people in So every Democrat who has made a small amounts instead of smal1 numbers of net result of this amendment is that it people in large amounts.’’ State v. Levi compromise with us so we can get this would require Federal judges to hear Strauss & Co., 41 Cal.3d 460 (1986). Yet that is bill behind us can be satisfied that they dissimilar claims that do not belong where this bill as written will lead us, and will not be nickeled and dimed to together as a class action, and would that is extremely bad policy. death. not be allowed to proceed as a class ac- Unless the Senate wants to enact legisla- Obviously, not all Democrats are sat- tion under current law. Requiring tion that, as a practical matter, eliminates isfied with this sort of agreement and courts to subclass does not make this multi-state class actions, it should not pass that is their right as individual Sen- amendment any better. S. 2062 as it is written. Under S. 2062, multi- ators to try to change it more. But as This amendment would require Fed- state class actions in consumer law cases, a I said before, any changes in this bill vital mechanism for promoting social jus- eral judges to not follow the require- negate both promises that have been tice, giving people access to the courts and ments for certifying class under rule made. It means the promise to go dealing fairly with our citizenry, will be- 23. Why do the proponents of this through the House will not be kept become an artifact, a thing of the past. At a amendment want to do that? They minimum, the Senate would be wise to adopt cause the bill has been changed in the have given reasons for their amend- your amendment, which would allow plain- Senate, and then for those Senators ment and I think, whether this is their tiffs to have their day in federal court; after who got the assurance from me that intention or not—and I should not all, the proponents of the legislation argue this bill would not be changed in the question the motives of people—but the that is the goal of the bill. House so that they were not nickeled Thank you again for your willingness to end result is perpetuating the abuses and dimed away with their com- address this important issue. If you have any that were already seen in the magnet promises are going to lose the oppor- additional questions about S. 2062 or the ben- courts, these infamous judicial tunity of getting what they want with- efits of your amendment, I would be happy hellholes which have been referred to. I to assist you further. out the assurance that somewhere else remember only one out of dozens Sincerely yours, in the legislative process, probably throughout the country, but one was in ARTHUR R. MILLER, conference, there might be a much Madison County, IL. Bruce Bromley Professor of Law. stronger bill than they want. Mr. BINGAMAN. I yield the floor, This bill was originally introduced in The purpose of class actions is obvi- and I suggest the absence of a quorum. the 105th Congress, then the 106th Con- ous: to enable courts to decide large The PRESIDING OFFICER. The gress, then the 107th Congress. We numbers of similar claims and to do it clerk will call the roll. moved it in the 108th Congress. Now we fairly and to do it in an efficient man- The legislative clerk proceeded to are here in the 109th Congress. Almost ner. Different claims cannot be pulled call the roll. everybody seems to believe there is together as a class action because that Mr. GRASSLEY. Mr. President, I ask some reform that needs to be done in would be unfair and it would violate unanimous consent that the order for the class action tort regime. This bill the due process rights of both plaintiffs the quorum call be rescinded. is it. and defendants. But the Feinstein- The PRESIDING OFFICER (Mr. Now we have amendments. We de- Bingaman amendment would require CHAMBLISS). Without objection, it is so feated the amendment of Senator judges to do just that. As you know, ordered. PRYOR. We had an amendment by Sen- that is exactly what the problem is all The Senator from Iowa is recognized. ator BINGAMAN that we were going to about, what our bill was trying to cor- Mr. GRASSLEY. Mr. President, when deal with, that would have destroyed rect: judges certifying classes that I spoke prior to Senator PRYOR’s this compromise. There must have should never have been certified in the amendment, I made a pitch that I want been a belief on the part of the people first place. Rules are in place as to to repeat about the opportunity we behind the Bingaman amendment that what should or should not be certified,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1172 CONGRESSIONAL RECORD — SENATE February 9, 2005 and the Feinstein-Bingaman amend- attempt to legitimize the class action ment would tell federal courts to do pre- ment blows those rules off. The effi- abuse we have been seeing in the mag- cisely the same thing. It would, in effect, ciency and the rationale of that rule net State courts. It is an attempt to le- recreate in federal court the very state-court problem that precipitated the introduction should not be followed. galize the problem by putting it into of this legislation. The Federal courts should undertake the rule. The amendment would reverse the deci- a review to determine whether All I can say is, that is not all right. sions of numerous state supreme courts that multistate class actions involving It is not OK. If we are serious about have rejected application of their laws State law claims should be certified. putting a stop to class action abuse, I extraterritorially. Opponents of S. 5 have ar- They need to determine that the legal urge my colleagues to oppose this gued that this amendment is necessary be- claims are sufficiently similar to war- amendment. cause ‘‘state courts . . . are far more com- rant class certification. Most State fortable handling cases involving state con- Mr. President, I ask unanimous contract or tort law.’’ Aside from certain mag- courts make the same kind of deter- sent to have printed in the RECORD the net courts, however, many state courts have minations as well. The magnet State letter by Walter Dellinger. strongly rejected what Public Citizen pro- courts, on the other hand, do not make There being no objection, the mate- poses: i.e., nationwide application of indi- this determination and that is why rial was ordered to be printed in the vidual states’ laws. In fact, the proposed they certify huge classes that involve RECORD, as follows: amendment would eviscerate a number of decisions by state supreme courts, refusing to claims that are completely dissimilar, O’MELVENY & MYERS LLP, to the detriment of both plaintiff and apply one state’s consumer protection laws Washington, DC, February 4, 2005. in nationwide class actions. Among the state defendant. That ends up being a due Re Proposed Choice-of-Law Amendment to court decisions that could be reversed by the process problem. Class Action Fairness Act (S. 5). proposed amendment are the following: In addition, this amendment before Hon. ARLEN SPECTER, Goshen v. Mutual Life Insurance Company of us ignores how diversity jurisdiction Chairman, Committee on the Judiciary, New York, 774 N.E.2d 1190 (N.Y. 2002), (ex- works, and it eviscerates the reforms U.S. Senate, Washington, DC. plaining that to ‘‘apply the [New York con- DEAR MR. CHAIRMAN: I write concerning sumer] statute to out-of-state transactions that are contained in our bill. the ‘‘choice-of-law’’ amendment that Public Another argument for this amend- in the case before us would . . . tread on the Citizen has been suggesting should be offered ability of other states to regulate their own ment by Senator FEINSTEIN and Sen- to the Class Action Fairness Act. As I under- markets and enforce their own consumer ator BINGAMAN is allegedly that Fed- stand it, this amendment would encourage or protection laws.’’). eral courts refuse to certify nationwide require federal court judges, faced with Compaq Computer Corp. v. Lapray, 2004 Tex. class actions. That sort of presumption multi-state or nationwide class actions, to LEXIS 435 (Tex. May 7, 2004) (‘‘The putative is plain wrong. That is not the case. either: (1) apply the laws of one state to all class members are domiciled in fifty states There are numerous examples of where the claims in the case; or (2) certify the class and the District of Columbia. All these fifty- Federal courts have certified action despite the manageability problems one relevant jurisdictions are likely to be in- created by conflicting state laws. terested in ensuring that their consumers multistate class actions based on State I strongly recommend rejection of this se- are adequately compensated for a breach of law claims. There is not a rule against riously flawed proposal for several reasons. warranty. Texas law may not provide suffi- nationwide class actions. Federal The Public Citizen amendment violates cient consumer protections in the view of courts do certify nationwide class ac- basic principles of federalism and would ex- the other states . . . The differences in state tions where the laws that govern the tend ‘‘magnet’’ state court abuses to federal law outlined above cannot be concealed in a claims are similar. court. Many consumer protection cases now throng.’’). Class actions are also certified when proceed on a nationwide basis in federal Zarella v. Minnesota Mutual Life Ins. Co., 1999 R.I. Super. LEXIS 161 (R.I. Super. Ct. the plaintiffs’ lawyers organize the court in those instances in which Congress has determined that a single national law 1999) (the court found that there were sub- claims in a manner so that they may ought to govern. This has been the case with stantial variations on issues such as statutes be litigated fairly, even under differing laws such as the Truth in Lending Act of limitations and burdens of proof, which State laws, where they appropriately (TILA) and the Real Estate Settlement Prac- ‘‘plaintiffs have not adequately addressed’’). organize the claims into subclasses. tices Act (RESPA). Frequently, nationwide Ex parte Green Tree Financial Corp., 723 So. But this amendment does not give the class actions are brought and tried to suc- 2d 6, 11 (Ala. 1998) (the Alabama Supreme courts any choice to determine wheth- cessful conclusions under laws such as these. Court expressed ‘‘grave concerns as to whether any national class of plaintiffs in an er it is appropriate to subclass. Where Congress has chosen not to enact uniform national legislation under which action involving the application of the dif- So for a third time during this period fering laws of numerous states can satisfy that I am standing, I remind my col- citizens can bring suit, however, it has left the legal issues to be resolved by each state the requirements’’ for certifying a class ac- leagues again about the extensive ef- adopting its own law. Allowing each state to tion). forts on the part of Senator KOHL of decide for itself and for its citizens is the es- Dragon v. Vanguard Indus., 277 Kan. 776, 789 (Kan. 2004) (reversing certification of a na- Wisconsin, Senator HATCH of Utah, and sence of federalism. Instructing a federal tionwide class of property owners alleging this Senator from Iowa, getting to this judge to pick out one state’s law and impose defective plumbing due to, inter alia, ‘‘wide it on other states is a profound violation of version of the Class Action Fairness variance in the laws of various states’’ on federalism principles. Congress is elected by Act. No one can question that we nego- relevant issues). tiated in good faith with our colleague all the people of the United States. When it State ex rel. Am. Family Mut. Ins. Co. v. is acting within its constitutional power Senator FEINSTEIN, as well as our col- Clark, 106 S.W.3d 483, 487 (Mo. 2003) (‘‘The under Article I, Congress can decide to im- leagues Senators DODD, SCHUMER, and trial court abused its discretion in certifi- pose a uniform rule on the states. It is a far cation of the class with respect to insureds LANDRIEU, to make changes to address more serious intrusion into the autonomy of concerns they had about the original whose contracts are subject to the laws of the States when a single judge, not Congress, states other than Missouri’’). bill introduced. acts to set aside the laws of all of the states Henry Schein v. Stromboe, 102 S.W.3d 675 The bill we have now will keep many (but one) by choosing whichever particular (Tex. 2002) (decertifying a class of some 20,000 class actions in State court under the state law the judge likes best and imposing purchasers of software products on theories Feinstein home State exception. That that law on all of the other states. of fraud, breach of express warranty, neg- was accepted in committee, way back For example, in Avery v. State Farm Mut. ligent misrepresentation, promissory estop- Auto Ins. Co., 746 N.E.2d 1242 (Ill. App. 2001), pel, and deceptive trade practices because there in early 2003, in the 108th Con- the sate court decided that Illinois law could gress. Also under the local controversy class could not demonstrate that Texas law be applied to a nationwide class of policy- should apply to individual issues of reliance exception we crafted with Senators holders, and held that State Farm’s use of and trial court was required to look to the DODD, SCHUMER, and LANDRIEU, that ‘‘non-original equipment manufactured’’ laws of all fifty states to adjudicate the will stay in State court. automobile service parts violated Illinois claims). So I hope I get us back in an under- law. Yet many other states’ insurance laws Philip Morris, Inc. v. Angeletti, 358 Md. 689, standable way, and what people think either expressly or implicitly permitted or 747 (Md. 2000) (denying certification of a pro- is rational after all these compromises, even required insurance companies to use posed tobacco class because, inter alia, so that there is no further need to non-OEM parts as a way to reduce insurance Maryland ‘‘conflict of law principles neces- costs. Avery has been uniformly recognized change this bottom-line compromise. sitate that the [lower court] engage in indi- as an example of judicial excess—the Illinois vidualized assessments for each class mem- Again, the purpose of this amendment court exceeded its authority by purporting ber’’). is to gut the modest, commonsense re- to dictate the insurance laws of 49 other Washington Mutual Bank v. Superior Court, forms contained in this bill. This is an states. Nonetheless, the proposed amend- 24 Cal. 4th 906, 926 (Cal. 2001) (reversing the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1173 certification of a nationwide class and hold- dismissal. In short, consumers with valid In deciding whether to certify a class, for ing that ‘‘a class action proponent must claims under their home state laws, adopted example, a federal court must inquire into credibly demonstrate, through a thorough by their own state legislatures and courts to (a) whether ‘‘common questions of law’’ will analysis of the applicable state laws, that protect their interests, may have their ‘‘predominate’’ and (b) whether the class ac- state law variations will not swamp common claims obliterated (or, at least, rendered tion is ‘‘superior’’ to other methods, both of issues and defeat predominance’’). much less beneficial). which require consideration of any ‘‘difficul- Stetser v. TAP Pharm. Prods. Inc., 598 S.E.2d Even its proponents appear to acknowledge ties likely to be encountered in the manage- 570, 586 (N.C. Ct. App. 2004) (reversing trial this problem. Professor Arthur Miller, for ex- ment of the class action.’’ Fed. R. Civ. P. court’s certification of a nationwide class of ample, has suggested that one state whose 23(b)(3). What that means is that a party ob- persons alleging the defendant companies law would ‘‘often’’ be applied in a nationwide jecting to the proposed class action can had inflated prices and defrauded patients class action would be ‘‘the state in which the argue that various state’s laws must be ap- and insurance companies) (‘‘Because this defendant’s headquarters is located.’’ See plied in the case; that those state laws differ case is composed of plaintiffs nationwide, Letter of Prof. Arthur Miller to Sen. Binga- in important ways (indeed, they may even the remaining forty-nine states’ laws, as well man, June 17, 2004, at 3. conflict); and that those variations (or con- as the law of the District of Columbia, must The amendment, in short, is a radical at- flicts) will make it impossible to adjudicate be analyzed to determine whether it contempt to avoid the fact that in some areas the class action fairly on a class basis—and flicts with the law of North Carolina.’’). Congress has chosen to leave the decision of will make it impossible for one jury to de- Linn v. Roto-Rooter, Inc., 2004 Ohio 2559, P57 what substantive law should govern conduct cide those different or conflicting laws in (Ohio Ct. App. 2004) (reversing trial court’s to the legislative process of each state. By one trial. In the parlance of Rule 23, the decision to certify a nationwide class ‘‘behaving judges dismiss the laws of all states party objecting to the proposed class may cause of the widespread reluctance to certify but one, the Public Citizen amendment vio- argue that the differing state laws are rea- nationwide class actions involving consumer lates fundamental principles of federalism. sons why common questions of law do not protection, fraud, and unjust enrichment The amendment is based on the false ‘‘predominate’’ and that the multi-state or claims, and due to the variances in these premise that federal courts never certify nationwide class action is not ‘‘superior’’ to laws which would render a nationwide class multi-state classes based on state law. It is other methods of resolving the case (includ- worth noting that neither federal nor state unmanageable . . . the trial court abused its ing a statewide class action). courts have any hard-and-fast rule against Again, the Avery case makes for a good ex- discretion in certifying the class which en- the certification of nationwide or multi- ample. If the court had (correctly, in my tails litigants from 35 states’’). Liggett Group Inc. v. Engle, 853 So. 2d 434, state classes asserting state law claims. To view) concluded that many states’ laws would need to be applied to resolve that na- 448, 449 (Fla. Dist. Ct. App. 2003) (decertifying the contrary, federal ‘‘[c]ourts have ex- tionwide class action, that determination a statewide class of smokers because, inter pressed a willingness to certify nationwide would in all likelihood have also led the alia, the ‘‘highly transient population’’ of classes on the ground that relatively minor court to conclude that it would not have Florida would ‘‘require examination of nu- differences in state law could be overcome at trial by grouping similar state laws together been fair to try before one jury the legality merous significantly different state laws and applying them as a unit.’’ In re Pruden- of the use of non-OEM parts nationwide. governing the different plaintiffs’ claims’’) tial Ins. Co. of America Sales Practices Litig., After all, how could a single jury hearing (matters under review by the Florida Su- 148 F.3d 283, 315 (3d Cir. 1998). Indeed, the two that the practice is illegal in Illinois, legally preme Court, see 873 So. 2d 1222 (Fla. 2004)). required in other states, permitted in other Although proponents of the amendment leading proponents of the Public Citizen states, and not addressed at all by still other say that its purpose is to protect state law, amendment—Prof. Arthur Miller and Prof. states, render a fair and coherent verdict? its real effect would be to overrule an estab- Samuel Isaacharoff—have themselves suc- Especially when one keeps in mind that lished body of state law. ceeded in persuading federal courts to certify I would also note that these state supreme such nationwide class actions. some class actions involve dozens of claims, The main reason why courts, state and fed- nationwide class actions would in some cases court decisions are no less binding on federal eral, often refuse to certify nationwide class- require literally hundreds of different deci- courts than on lower state courts. The rea- es is because attorneys too often propose sions for a single jury to make. son is because, in ‘‘diversity’’ cases, federal classes that overreach—classes that encom- These Rule 23 requirements have due proc- courts look to the choice-of-law rules of the pass too many people with too many dis- ess underpinnings. Class actions serve an im- state in which they sit to decide what sub- parate facts asserted under too many dif- portant public function: they allow numer- stantive state law should apply. Thus, a fed- ferent laws. See, e.g., Chin v. Chrysler Corp., ous, similarly situated individuals whose rel- eral court confronting a nationwide class ac- 182 F.R.D. 448 (D.N.J. 1998) (‘‘Plaintiffs could atively small claims might otherwise be shut tion would currently defer to the decision of have reduced or simplified the case . . . by out of the legal system to aggregate their the highest appellate court of that state de- the creation of a smaller and more clearly claims and obtain collective relief. At the clining to allow that state’s law (or any defined proposed class. Instead, Plaintiffs same time, the purpose of the class action other single state’s law) to govern the claims have asked this Court to certify the largest device is to allow the aggregation of only of consumers residing throughout the na- class possible . . . on the basis of mere prom- some—not all—lawsuits. Indeed, as the U.S. tion. But the ‘‘choice-of-law’’’ amendment ises that a manageable litigation plan can be Supreme Court has noted, there is a strong would change that. As its proponents con- designed . . . for five causes of action under presumption in our legal system that claims cede, the ‘‘amendment would allow a federal the laws of 52 jurisdictions’’). That, I submit, will be litigated individually; class actions court to choose not to follow the choice-of- is a necessary consequence of respect for fed- are an exception to that general rule. Thus, law rule of the state in which the court is lo- eralism. There is no reason to exalt the need lawsuits seeking damages in which common cated.’’ That is another serious distortion of for nationwide class actions in every case questions of questions do not ‘‘predomi- federalism principles. above the basic principles of federalism. nate,’’ and in which the class action is not The amendment could hurt consumers The amendment, which would ignore the ‘‘superior’’ method of resolving the dispute, from states with strong consumer protection manageability problems engendered by vary- are denied class treatment for the very rea- laws. Another problem with the proposal is ing state laws, would violate due process son that the court concludes that it would that, in their effort to make sure that a sin- rights. If a federal court decided that a sin- not be fair to resolve the whole case in one gle state’s law may be applied even in a na- gle state’s law cannot be applied over all trial. In other words, a class cannot be cer- tionwide class action, critics of S. 5 have not claims in a nationwide class action without tified at the expense of ‘‘procedural fair- thought through the consequences of what violating the Constitution, the choice-of-law ness.’’ Amchem Prods., Inc. v. Windsor, 521 would happen if federal courts actually did amendment would allow a federal court to U.S. 591, 613 (1997); see also Malcolm v. Nat’l apply a single state’s law. To pose the ques- apply several states’ laws to the claims at Gypsum Co., 995 F.2d 346, 350 (2d Cir. 1993) tion bluntly: which single state’s law? If the issue. But in that circumstance, the pro- (holding that the benefits of aggregated liti- choice-of-law amendment were adopted, that posed amendment would then forbid the gation ‘‘can never be purchased at the cost of question—the ‘‘which state’’ question—like- court from denying class certification (even fairness’’). This principle is as important for ly would be the source of considerable mis- ‘‘in part’’) on the grounds that applying protecting the plaintiffs (that is, the chief, often to the detriment of consumers. those several states’ laws would render the unnamed class members) as it is for pro- For example, assume that someone brings case one devoid of common legal issues that tecting defendants. See id.; see also a nationwide class action alleging that the could not be tried fairly on a class basis. Hansberry v. Lee, 311 U.S. 32, 40–42 (1940). defendant company participated in fraudu- The amendment would distort traditional The proposed amendment violates this lent sales behavior. State consumer protec- and prevailing class action practice in a way principle by elevating the class certification tion statutes vary widely, but the court may that raises serious due process concerns. The decision over ‘‘procedural fairness.’’ Whereas decide to apply Alabama law to all claims. basic reason is that it would instruct federal the fact that different state laws would need That would be bad news for the class mem- judges that, even if they truly believe that to be applied to a multi-state or nationwide bers living in California and other states the fact that several (or even all 50) states’ class action is unquestionably a valid factor with strong consumer protection statutes, laws must be applied in a particular case to consider in deciding whether a class because the Alabama statute prohibits the means that the case cannot possibly be fairly should be certified, the proposed amendment assertions of consumer protection claims on adjudicated as a class action, they must sim- would dictate to federal judges that they a class basis. Thus, the claims of all class ply ignore that true belief and grant class cannot consider that factor at all. For exam- members presumably would be subject to certification anyway. ple, under the facts of the Avery case, the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1174 CONGRESSIONAL RECORD — SENATE February 9, 2005 choice-of-law amendments would require the plete the bill on class action. I under- State courts—except for certain mag- federal court to ignore the central fact that stand there are several other amend- net jurisdictions—conduct a careful in- the 50 states have made fundamentally con- ments to be considered. But I reflected quiry before certifying a class to en- flicting policy choices over the legality of our commitment to stay on the bill sure that common legal issues pre- the conduct at issue. The court would be required not to consider the obvious fact that and complete it at the soonest time dominate, as required by the Federal it might be procedurally unfair for the same possible. rules governing class actions. jury to decide whether the use of non-OEM Mr. REID. It is my understanding The reason for this requirement is parts is legal in all of the different states. that the distinguished Republican lead- self-evident. The whole point of a class I am not suggesting that, in every multi- er has indicated we will finish this bill action is to resolve a large number of state class action, the laws of every state this week. Is that right? similar claims at the same time. If the must be applied as a matter of due process. Mr. FRIST. Mr. President, that is differences among the class members’ That depends upon the particular case, and right. legal claims are too great, a class trial upon the connection that any one state might have to a proposed class action. Rath- Mr. President, again I encourage our will not be fair or practical. er, what I am suggesting is that in cases in colleagues to focus on the bill before us In some circumstances, Federal which federal courts themselves decide that today and tonight and tomorrow, and courts have found that the law of dif- due process requires the application of nu- we will be staying on the bill until we ferent States was sufficiently similar merous states’ laws, it is a serious due proc- complete the bill. I appreciate that a class action could go forward. In ess problem to tell those same federal courts everybody’s consideration. other cases, they have found the dif- that they may not deny class certification I suggest the absence of a quorum. ferences were too great to have a fair on same basis—to tell those federal courts The PRESIDING OFFICER. The class action trial. that they must certify a class despite their clerk will call the roll. If the laws under which the liability firmly held relief that the differing state laws will make use of the class action device The legislative clerk proceeded to is founded are significantly different, fundamentally unfair. call the roll. you can’t try them in the same trial. If For all of the foregoing reasons, I find the Mr. SESSIONS. Mr. President, I ask they are not that much different, you proposed choice-of-law amendment to be unanimous consent that the order for can make it work. constitutionally suspect (both from a fed- the quorum call be dispensed with. The proposed amendment would take eralism and due process standpoint) and The PRESIDING OFFICER. Without away the discretion of Federal judges wrongheaded as a public policy matter. It objection, it is so ordered. to make these important decisions as should be rejected. The PRESIDING OFFICER. The Sen- Sincerely, they always have. ator from Alabama is recognized. WALTER E. DELLINGER. Proponents of the amendment con- Mr. SESSIONS. Mr. President, Sen- veniently ignore the fact that Federal The PRESIDING OFFICER. The ma- ator FEINSTEIN has offered an amend- law on this issue is quite consistent jority leader is recognized. ment to S. 5, the Class Action Fairness Mr. FRIST. Mr. President, for the in- with the approach taken by numerous Act of 2005, to address the opponents’ formation of our colleagues, we are State supreme courts, which have reclaim that Federal courts routinely making good progress on the class ac- fused to certify cases where the dif- deny certification of multistate or nation bill. I appreciate everyone’s par- ferences in State law would make it tionwide classes that involve different ticipation in coming to the floor and impossible to have a fair or manage- State laws. Under this amendment, offering and talking about their able trial. In fact, the proposed amend- that would change the underlying bill amendments. I want to keep the pace ment would reverse decisions by the we are considering here. Federal courts going. Supreme Court of California, Texas, The Democratic leader and I have would be required to certify class ac- New York, and numerous other States been in discussions over the day. We tions, even if the claims were brought that have rejected nationwide classes want to complete this bill at the ear- under State law. in such circumstances as these. liest possible time this week. The amendment further provides Second, Federal courts already use I will shortly be asking unanimous that courts faced with nationwide subclassing where appropriate. consent that the vote on the Kennedy classes involving different State laws Subclassing basically means dividing a amendment be this afternoon at a time should either create subclasses to ac- class into a couple of smaller classes which I will state. After that we will be count for variations in State law or, if where claims may be more similar to proceeding to the Feinstein amend- such subclasses are impractical, to at- one another. In rule 23 of the Federal ment. We will at that time divide the tempt to apply the proper State law to Rules of Civil Procedure, the nearly 40- time accordingly. the class members claims only to the year rule governing class actions ex- At this point, I ask unanimous con- extent doing so is practical. plicitly gives courts the option of using sent that the vote occur in relation to The proposal would toss State laws subclasses to account for variations in the Kennedy amendment No. 2 at 4 and procedural fairness out of the win- the class as long as the trial would still p.m. today; provided further that fol- dow for the sake of allowing a nation- be manageable and fair. lowing that vote the Senate proceed wide class action. It would reverse For example, if a case involved State immediately to a vote in relation to nearly 70 years of established Supreme laws that can be easily divided into the Feinstein amendment No. 4; pro- Court case law that requires Federal three or four groups, subclassing would vided further that the debate until 4 be courts to apply the proper State law be appropriate if the trial would other- equally divided in the usual way, and when they hear claims between citizens wise be manageable. At the same time, that no amendments be in order to ei- of different States. if subclassing were used in every situa- ther amendment prior to the votes. It would reverse numerous decisions tion that involved different State laws, Finally, I ask unanimous consent about State supreme courts rejecting in some cases there would be so many that there be 2 minutes for debate the application of one State’s law to subclasses it would be impossible to equally divided following the first vote. class action claims that arise in 50 have a manageable or fair trial. I further ask unanimous consent that States, and it would seriously under- Under the current law, Federal 15 minutes of minority time be re- mine the ability of plaintiffs and de- judges have the discretion to decide served for Senator KENNEDY. fendants alike to have a fair trial. when subclassing makes sense. That Mr. REID. Mr. President, I have no Most importantly, it would have the approach is working. Why change it? If objection to the unanimous consent re- perverse effect of perpetuating the very it ‘‘ain’t’’ broke, don’t fix it. We have quest. magnet court abuses that the legisla- not had serious problems, and it is bet- The PRESIDING OFFICER. Is there tion seeks to end. ter to allow the discretion with the objection? Here is why the latest choice-of-law judge than for us to try to anticipate Without objection, it is so ordered. amendment should be rejected. First, and put in hard law requirements in- Mr. FRIST. Mr. President, while the the premise of the amendment is false. volving complexities in the future we Democratic leader is here, I mentioned Federal courts do not have a hard and cannot anticipate fully today. as he was returning to the floor that fast rule against certifying multistate Third, the amendment would hurt we are all working very hard to com- class actions. Rather, both Federal and consumers by subverting State laws.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1175 The proposed amendment suggests that roic in her efforts to try to bring about As I have looked into this matter, I if subclassing will not work, the court consensus on class action so we end up have learned when there is an effort to should simply respect State laws ‘‘to with legislation to make sure little move a class action litigation on con- the extent practicable.’’ What does people who are harmed by big compa- sumer issues from a State court to a that mean? How does the court par- nies are able to bind together and be Federal court, the Federal judge has a tially carry out State law? Judges are made whole; to ensure that the compa- number of decisions to make as to responsible for carrying out the law, nies that are accused know if they step whether they want to receive it and not for carrying out the law to the ex- out of line there is a price to pay for hear it at the Federal level. tent practicable. It would be a dan- that; legislation that will also make One, they can say, yes, on the basis gerous empowerment and an erosion of sure that the defendant companies, of the law that is in question here, and our classical commitment to following large or small, have the opportunity to the facts, this is one that makes sense law. have a fair trial for whatever they are to be heard at the Federal level and to By suggesting that Federal courts accused of in the litigation; and our go forward. should ignore variations in State laws last goal is to make sure the Federal The Federal judge can say—again, when respecting State law is imprac- judiciary is not overwhelmed with liti- using the example of 21 States because tical, this provision would perpetuate gation that could be in State courts, the math works easily—let’s divide the very problem the class action bill ought to be in State courts, and is those 21 States into three subgroups, is trying to fix. For example, in the no- needlessly moved to Federal courts. and each of those 7 States have laws torious Avery v. State Farm case, a Those are the objectives we all share, that are fairly similar but distinct and county judge in Illinois applied Illinois Democrats and Republicans, whether apart from the other two subgroups. So law to claims that arose throughout we like or do not like the bill. I am in a Federal judge could say, we are going the country, ruling that insurers could support of the legislation. to go forward with this class action not use aftermarket parts in making Most consumer laws that end up in litigation. We will do it as one case, auto accident repairs even though sev- courts are laws that are adopted by our but we will have three subcategories of eral States had passed laws encour- States. There are some areas where the subgroups. aging, even requiring the use of these Federal Government has laws in place A third alternative that is available more economic parts to keep down the to protect the consumers, but the to a Federal judge would be to say, we cost of insurance premiums. The ap- lion’s share of the consumer protection are not going to have one case; we will proach taken by the Avery judge and laws are written by the various States. have maybe three cases. In those in- condoned by the proposed amendment The effort by Senators FEINSTEIN and stances where the laws of the States actually hurts consumers by denying BINGAMAN is laudable; that is, to make are pretty similar, we will group those them the protection of their State’s sure that when State laws have been seven, and the same would be true for laws. violated, particularly when State laws this seven and that seven. And we will Some State legislatures have adopted have been violated in a number of hear three separate cases, not one. particularly strong laws in certain States, that whoever has violated those If none of that works, the Federal areas because their citizens have ex- laws is going to be held accountable. judge is always free to say this is a pressed strong feelings about these The question is, If you have a class ac- State matter. The laws and the facts issues; for example, privacy or con- tion case that is brought forward based are in such disarray that it is difficult sumer fraud. Under this amendment, on the laws of 10, 20, or 30 States or to try them as one case. the citizens of such States would not more, under whose State law do we Some States have very strong con- be entitled to the protection of their argue in court the class action litiga- sumer laws, some not. There is a whole State’s laws in nationwide class action? Is it in a State that has fairly big range in between where the laws tions. Instead, their claims would be weak consumer protection laws or a and the facts are just too disparate and subject to some compromise law cre- State that has very strong consumer different, and the judge can simply re- ated by the judge in order to carry out protection laws? mand it back to the States. a class action. I am not a lawyer by training, and I If the Federal judge declines to hear These are some thoughts I share come at this as a lay person simply that consumer class action, then it can about this legislation. We do have a trying to figure out what is the right be tried in State court. Whoever the need for class action reform. The legis- and fair thing to do. As I understand plaintiffs are, in those instances, will lation before the Senate is sound. We class action litigation, I will use the have their day in court. If you happen know if we stay firm, if we do not example of where we have maybe 21 to be from California, the latter course willy-nilly amend this bill, if we keep States that have been bound together is not a big deal because you have so it clean and send it forward to the in a class action filed in a particular many people, 30 million people, and it House, they will approve it, we will State court, one of those 21 States, and is not as difficult to put together a make this law, and for once pass a seri- in particular, a State where the litiga- meaningful class and to be able to at- ous tort reform legislation that will tion is brought, the effort might be to tract an attorney to represent your improve justice in America and reduce apply that State’s laws to all the other case. If you happen to be from a small- costs. States that are part of this. Senator er State, with fewer people, then it can I yield the floor and suggest the ab- SESSIONS talked about a situation in a be more of a challenge to put together sence of a quorum. case involving class action with State a large enough plaintiff class in that The PRESIDING OFFICER. The Farm, where the suit alleged that con- State to pay for an attorney to rep- clerk will call the roll. sumers were being harmed because in resent the interests of consumers in The assistant legislative clerk pro- the car repair business, when replace- that State. I acknowledge that. ceeded to call the roll. ment parts were used, some of the Having said that, my overriding con- Mr. CARPER. Mr. President, I ask States allowed the use of non-original cern with this legislation is this. I unanimous consent that the order for equipment replacement crash parts, mentioned the four principles earlier, the quorum call be rescinded. sometimes referred to as generic parts. but my overriding concern with this The PRESIDING OFFICER. Without In this case, Avery v. State Farm, an legislation is that we not begin to pick objection, it is so ordered. Illinois judge applied the Illinois Con- apart this carefully balanced com- Mr. CARPER. Mr. President, I would sumer Fraud Act to a 48-State class, promise on which we have worked. I like to take a couple of minutes today even though there were significant dif- have been here 4 years. We have to speak to the amendment being of- ferences in the States’ consumer pro- worked on it for almost those 4 years I fered by Senators FEINSTEIN and BINGA- tection laws and vast differences in the have been in this Senate. I know people MAN. I don’t think we will find on ei- laws of the different states on the use worked on this 3 years before that. We ther side of the aisle a Democrat or Re- of these types of parts. Most States ex- have come so far from where this legis- publican more thoughtful than either plicitly authorize their use and a few lation began in 1997. of them, or more fair-minded. Senator States even require their use to reduce This is not tort reform, as a lot of FEINSTEIN, in particular, has been he- costs for consumers. people like to think of it. This is, as

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1176 CONGRESSIONAL RECORD — SENATE February 9, 2005 others have said today, court reform. Senator Baker would do that. Sen- sage said how we must all work to- Our goal is to, again, make sure if peo- ator Mansfield was famous for coming gether, and on the day when the Presi- ple get harmed, they have an oppor- out on the floor during evening ses- dent invites Senator REID down for a tunity to be made whole, to band to- sions and picking a few Senators from cordial family dinner, which is, of gether into similar groups to make both sides of the aisle and saying: course, showing how bipartisan we can sure the accused and the defendants in Come up to the office. We have to chat be, the Republican National Com- the case have a chance to be fairly de- and work things out. Senator Baker mittee—controlled, of course, by the fended in a courtroom. It is a fair shot. had the ability to do that. He would go White House—sends out this scurrilous My fear is, to the extent this amend- down and speak to President Reagan attack on Senator REID. ment would be adopted, it invites and suggest to him which Democrats, It is a mistake. I would say the same amendments of others who may not which Republicans, he might call to thing if the Democratic Party was like this bipartisan compromise be- make things work out. doing it to the Republican leadership. cause it does not go far enough. You also had, during that time, the It is a mistake because ultimately the Earlier this month, in the House of practice where the two great parties, Senate consists of only 100 men and Representatives, their bill, which the Democratic Party and Republican women who have the privilege to rep- passed by a fairly wide margin in the Party, would keep from attacking the resent 290 million Americans at any last Congress, was reintroduced. There leaders of the other party’s caucus in given time. There are so many things are some people in the other Chamber, either body. They did it because they we need to get done. We should be as well as some in this body, who would knew that, while they might oppose working together. like nothing better than to be able to each other on one issue today, they An example: During President Rea- change this bipartisan compromise and were going to have to work together gan’s term, we were facing a real cri- move it, frankly, a lot closer to where for the betterment of the country the sis—not a manufactured crisis but a the House bill is. next day. real crisis in Social Security, not the Eventually, my friends, we are going Now it has broken down. For some manufactured one we see today, a real to pass a class action bill this year. My reason, something I never thought I one—and we were stuck here on the own view is it is not going to get any would see, nor, I suspect, did any of floor. Neither side seemed to budge, better or more balanced or fairer to those leaders I mentioned from either and efforts to do something that might plaintiffs and defendants than the com- party ever think they would see, it save Social Security seemed lost when promise we have worked out here this stopped last session when the leader of two giants of the Senate—I know this year. As a result, I will oppose, albeit one party went to the home of the lead- for a fact because I was standing right with some reluctance, the amendment er of the other party and attacked him here on the floor—Senator Daniel Pat- offered by Senators FEINSTEIN and in a political campaign, and attacks rick Moynihan of New York and Sen- BINGAMAN. I know they have put a lot were then mounted by the national ator Robert Dole, the leaders on the Fi- of time and energy into this amend- party. I think it was a mistake. nance Committee where Social Secu- ment. Frankly, my staff and I have as In the years I have talked about, the rity reform now seemed founded, were well, trying to find a way to accommo- 31 years of both Republicans and Demo- talking, and Pat Moynihan walks over date the concerns they have raised. In crats running the Senate—we have to Bob Dole and says: We have to give the end, I do not believe we can, and I seen it go back and forth a half a dozen this another try. It is far too important must reluctantly oppose the amend- times since I have been here—it has to let this fall apart in partisan bick- ment. worked very well, where you fight for ering. Let us make this work. You I yield back my time. your party, you fight for your majority know the two of us can do it. The PRESIDING OFFICER (Mr. MAR- or minority, but you do not go after I and a couple others who were stand- TINEZ). The Senator from Vermont. the leaders. ing there said: We are all with you. ATTACKING THE DEMOCRATIC LEADER I was hoping the last election might When I say ‘‘I and a couple others,’’ Mr. LEAHY. Mr. President, I am be an aberration. Now I see a difference Republicans and Democrats said: We going to speak in favor of the common- when the Republican National Com- are all for you. You can do it. sense amendment brought to us by mittee has come out with the most They went down and saw President Senators BINGAMAN and FEINSTEIN. Be- scurrilous, outrageous attack on the Reagan, talked with him and said: fore I do, though, if I could make a cou- Democratic leader, Senator REID. ple personal comments. It makes no sense whatsoever. Sen- Look, we are going to take another try at it, if you will work with us. I have been in the Senate for 31 ator REID spent his years as the deputy years. I came at a time when there was Democratic leader helping to get legis- He said: Fine. a real effort for Republicans and Demo- lation through this place. He worked And they did. As a result of that, in crats to work together, and for White very closely with two different Repub- the 1980s, Social Security was put in Houses to do so. I have been here dur- lican deputy leaders, both when he was solvent standing for 70 years. If we do ing the administrations of President in the majority and in the minority, to nothing with Social Security now, it Ford, President Carter, both terms of move legislation through. will still be solvent in the year 2045, President Reagan, President George I can think of dozens of times, hun- 2050. H.W. Bush, both terms of President dreds of times on this floor when legis- Wouldn’t it be nice if we went back Clinton, and now into the second term lation looked like it might not get to the days of giants in the Senate and of President George W. Bush. through, and both Republicans and Presidents of both parties who wanted I have seen terrific majority leaders Democrats were going to HARRY REID to work with the Members of the House in both parties, leaders in both parties. as the deputy leader to say: How can and Senate who actually want to get Senator Mansfield, Senator Scott, Sen- we work this out? something done, not for partisan gain ator BYRD, Senator Baker, Senator He would say: Why don’t you leave but for American gain, not for one po- Dole, Senator Mitchell, obviously Sen- off these amendments, and I will talk litical party but for all Americans? ator Daschle. I think of all the times to the Republicans and they will leave Those who came up with the bright they would work so closely to bring off these amendments. We will get it idea of attacking HARRY REID, a man people together. The President, who- through. who will get reelected his next term, I ever the President was, would do the It always worked. The legislation we suspect by even a greater margin than same. have before us is not one that Senator the last landslide he had, ought to step I can remember times Senator Dole, REID favors, but he worked in good back. They might raise money this a partisan, tough-minded Republican, faith with the Republican leadership to way. They might stir up some of the would reach a point as majority leader bring it up. Almost a day after he does true believers this way. They do noth- when he would call Senators from both that, he gets attacked by the Repub- ing for the country. They do nothing parties into his office and say: OK, lican National Committee, a day or so for the Nation. All they do is deepen boys, let’s see where we go from here. after the President of the United the divides instead of healing them. It How do we get this legislation done? States in his State of the Union mes- would be nice if we could have leaders

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1177 who would try to be uniters, not divid- should embrace this commonsense my State, everybody has supported ers. We haven’t had that for a few amendment. I hope my colleagues will those who have gone. Even though I years. I wish we could. support this important amendment. would suspect the majority of the peo- I digress somewhat. I see the distin- I thank Senators BINGAMAN and FEIN- ple in Vermont are opposed to the war, guished Chair, a man I knew before he STEIN for their hard work on the they are all supportive of our troops. came here, admired in his work as a amendment. But it hurts. It is real. I hope we can member of the Cabinet. We are bene- SAD NEWS FOR VERMONT bring them home soon. fited by having him here. I hope that On another issue, I spoke of my small I was heartened by the elections in he might be one of those who will come State. I was born in Vermont, a pre- Iraq. I was heartened by the efforts of in not with preconceptions but his cious State. We have had Leahys there those who would brave in some cases enormous talent of bringing people to- since the 1850s. It is in my heart and death to go out and vote. I hope those gether and work with us. I say this soul. I read with pride but with sadness of us in our country who say it is going somewhat unfairly because under the an article on the front page of the to be a hard time to vote today because rules he cannot respond, of course. I Washington Post today about Vermont it is raining or it is snowing or it is hope I have not damaged him irrep- and the number of our brave men and cold or it is hot or it is inconvenient to arably with the Republican Party in women who have been called up in the go those extra five blocks, or whatever Florida, but he has known me long Guard and Reserves. Two States have the reason, look at what they did. enough to know I mean what I am say- the highest per capita callup in the Na- I hope that country will soon be able ing. tion—Hawaii and Vermont, two of the to take care of itself. We are going to This Bingaman-Feinstein amend- smaller States. We also have the very spend huge amounts of money in this ment is a commonsense amendment. It sad distinction of having the most fa- budget to build schools, improve police seeks to rectify one of most significant talities, the most soldiers killed per forces, build communications, roads, problems of the class action legislation capita of any State in the Union. and hospitals all in Iraq. We have those under consideration by the Senate. As I mention this because in our State, same needs at home. I hope soon they we all know, this class action bill is everybody knows everybody else. If one can be on their own. I hope soon our men and women can come home, as going to sweep most class actions into person dies, everybody in the State feels it. I have been to those funerals many safely as possible. Federal court. But then many of the Mr. President, I yield the floor and Federal courts refuse to certify where I have seen people with whom I was in kindergarten, people I grew up suggest the absence of a quorum. multistate class actions because the The PRESIDING OFFICER (Mr. court would be required to apply the with, neighbors of mine or my sister’s, people my parents knew. You go to the BURR). The clerk will call the roll. laws of different jurisdictions to dif- The assistant legislative clerk pro- funeral, you walk into a church, not as ferent plaintiffs, even if the laws of ceeded to call the roll. those jurisdictions are quite similar. a member of the congressional delega- Mr. HATCH. Mr. President, I ask Without this balanced amendment, tion from Vermont—we have all done unanimous consent that the order for members of important class actions that—but you go as a friend and neigh- the quorum call be rescinded. that involve multiple-State laws may bor, and that is what you see, friends The PRESIDING OFFICER. Without have no place to receive justice. In and neighbors. I will later today put objection, it is so ordered. other words, they get removed from the full article in the RECORD. Mr. HATCH. Mr. President, I would the State court to Federal court, but It struck me as to what this means. like to take a moment to demonstrate then the Federal court says: Well, be- We have one small town that is about just how out of balance the class action cause the State laws may be different, the size of a small town in which my has become and to underscore why we we can’t do anything. But you can’t go wife and I live in Vermont. They have need to get this bill passed. back to State court because you are re- one country store. It is a small store, Before I do, I want to make it clear moved here. It is probably as classical but it is important to the town. Every- that I do not object to class lawsuits. body goes there. A mother and a son a legal Catch-22 as one could see. Legitimate class action lawsuits are According to 14 of our State attor- run the store. The son gets called up. helpful, when they are legitimate, neys general: He goes bravely, of course. The mother when there is a good cause of action, cannot handle the store by herself, and [I]n theory, injured plaintiffs in each state when people really have been abused. could bring a separate class action lawsuit in the store closes. The community in Legitimate cause of actions do not federal court, but that defeats one of the many ways has lost its center. have to seek out these favorable juris- main purposes of class actions, which is to These are the realities of what is dictions where the law is stacked conserve judicial sources. Moreover, while happening. Several of us met earlier against the defendants, which is what the population of some states may be large today from both bodies, both parties, this bill helps to cure. When they are enough to warrant a separate class action in- to introduce legislation to increase legitimate and brought in the best involving only residents of those states, it is health benefits for those in the Guard terest of the class members, class ac- very unlikely that similar lawsuits would be and Reserves who are called up, to im- tion lawsuits are a vital part of our ju- brought on behalf of residents of many prove their retirement situation, make dicial system. They can serve as a smaller states. sure they stay healthy, make sure if means to ensure that injured parties The Feinstein-Bingaman amendment they have a solely owned business and who might otherwise go unrepresented would help citizens of States such as they get called up, they can at least have the opportunity to have their in- my own of Vermont. We have smaller have health care for their family. juries redressed. populations. We are only the size of one I mention this again not because it is However, in recent years we have congressional district, 610,000 people. apropos to the legislation—I do not see witnessed a disturbing trend where But it would allow us to join with anybody else seeking recognition; I am some lawyers are bringing and settling other injured plaintiffs from other not taking away from others’ time— class action lawsuits in which the chief States to have their day in court. Fed- but I hope those who are watching or interests actually being served appear eral courts should be allowed to certify listening to this will read this article to be those of the lawyers and not the nationwide class actions by applying about what happens in rural America people for whom they are bringing the one State’s law with sufficient ties to with these callups. actions. Too often the plaintiffs’ attor- the underlying claims in the case. This In my State, the largest community neys recover millions of dollars in at- amendment would give Federal judges is only 38,000 people. The town I live in torney’s fees while the class action that power and make it clear that they has about 1,500 people. They know ev- members get little more than a coupon, should not deny certification on the erybody. I live on a dirt road on the if that. sole ground that the laws of more than side of a mountain with magnificent While we must acknowledge that one State would apply to the action. views. Again, everybody is on a first- there have been a few isolated in- If the Senate is truly interested in name basis. When somebody gets called stances of abusive settlements in the passing class action legislation that up, you know it, you feel it. Federal courts, these are the rare ex- gives injured citizens from every State This is not a question about whether ception. By contrast, numerous exam- a place to seek relief, then all Senators somebody is for or against the war. In ples of abusive class action settlements

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1178 CONGRESSIONAL RECORD — SENATE February 9, 2005 originate from the State courts. As we tem. Everyone in this body knows, for their hard work and efforts. The have noted in the Judiciary Committee however, that a few bad apples can overwhelming number of lawyers are report in the 108th Congress, the Class spoil the bunch. In this case, these few honorable people. They are honest. Action Fairness Act is a ‘‘modest, bal- lawyers are hurting our civil justice They are hard working. Only a few are anced bill to address some of the most system. This reform is one small step causing the lion’s share of trouble. The egregious problems in class action toward restoring some balance to that majority of the honest ones are not practice.’’ It is not, however ‘‘intended system. What I have read in this work searching for jackpot jurisdictions to be a panacea that will correct all of fiction is too often fact today. Ev- where the judges and the lawyers are in class action abuses.’’ erybody knows it. Without question, cahoots and somehow always find This bill is the result of intense bi- many of today’s class actions are noth- against the defendants. partisan negotiations and is our best ing more than business opportunities I also believe such compensation effort to address a problem that is per- for some lawyers to strike it rich and should be reconcilable with a fair re- vading our State court system. Abuse too often they have little, if anything, covery for the client. I have supported of the class action system has reached to do with fairly compensating the in- large recovery for trial lawyers when I a critical point, and it is time that we jured class members. thought it was justified. Quite hon- as a legislative body address the prob- Some law firms make no secret of estly, it is simply not right when our lem. The public is increasingly aware this. One law firm actually states on judicial system allows lawyers to walk of the system’s unfairness. News pro- its Web site that it has brought over 24 away with millions of dollars while in grams, such as ABC’s ‘‘20/20,’’ have cov- nationwide class actions in Madison some cases their clients walk away ered the rise in class action jurisdic- County, IL, a court notorious for ap- with nothing more than a coupon good tions in certain magnet jurisdictions, proving settlements that benefit the toward a future purchase of the very magnet meaning jurisdictions where lawyers, and that it specializes in class product that was the subject matter of these extortionate suits are brought actions that seek less than $500 in dam- the class action to begin with. because they can get a tremendous ad- ages for class members. Plaintiffs be- I do not know about my colleagues, vantage regardless of whether they are ware. but when I have a problem with a prod- right or wrong. I am told, for example, of a law firm uct, sometimes the last thing I want to Scores of editorials have called for that explicitly acknowledges that the do is buy that product or have any- actions in newspapers all across this more potential class members there thing to do with the company or firm country. Abuse of the class action sys- are to a claim, the more the case is that makes that particular product. tem has even become the inspiration worth their while. Specifically, the Frankly, keep your coupon and show for popular literature. In 2003, the au- ‘‘frequently asked questions’’ section me the money. If the coupons were so good, one would expect the lawyers thor, John Grisham, released a book of their firm’s Web site states: entitled ‘‘The King of Torts.’’ would request that they be paid in cou- More claimants means greater potential li- pons, not money. Grisham’s novel takes its reader into ability for defendants. Because there is In real life, we are too often re- the world of the mass tort/class action greater potential liability, these lawsuits become worthwhile for lawyers to prosecute on minded of the legendary fictional case lawyer where clients are treated like Jarndyce v. Jarndyce of Charles Dick- chattel and bargaining chips. The value a contingent-fee basis. Worthwhile, indeed. Worthwhile for ens’ ‘‘Bleak House’’ in which legal fees of a potential action is not measured ate up the whole estate so that the in- by the merit of the claim but on the the lawyers. A small handful of wealthy lawyers is tended beneficiaries could not benefit. number of class members that can be Consider the case of Degradi v. KB profiting from the class action system. rounded up. The end game is not the Holdings, Inc., in Cook County, IL. The According to an article appearing in pursuit of justice for the class members suit alleged that KB Toys, one of the the 2001–2002 edition of the Harvard and clients, but in the pursuit of a Nation’s largest toy retailers, engaged Journal of Law and Public Policy five hefty attorney’s fee. in deceptive pricing practices in some firms accounted for nearly half of the Although Grisham’s book is intended of their products. Specifically, the suit class action lawsuits filed in Madison as fiction, it is hard to distinguish it alleged that the prices of certain prod- from the facts of our broken class ac- County, IL, and Jefferson County, TX. ucts were marked to appear reduced Of the lawsuits filed in these dis- tion system. when in fact the apparently reduced tricts, many allege the same causes of Let me read a few passages: price was the market price. Nobody earns ten million dollars in six action, represent the same class of In the settlement with KB Toys over months. . . . You might win it, steal it, or plaintiffs that are brought against these allegedly deceptive pricing prac- have it drop out of the sky, but nobody earns many of the same parties within an in- tices, the toy store paid attorney’s fees money like that. It’s ridiculous and obscene. dustry. and costs of $1 million and not one Now this quote may come from a fic- While these lawyers might have dime of cash to class members. As part tional story, but it is too often too something to gain, the same cannot of the settlement, the store held an close to the truth. This short novel clearly be said with respect to plain- unadvertised 30-percent-off sale on se- written by Grisham demonstrates the tiffs, consumers, and those employed lected products. That is laughable. problems with our class action system by defendant companies, who lose their Under the terms of the settlement all too well. As his book shows, with jobs as a result of these types of law- agreement, the toy retailer agreed to drug manufacturers the sad but inevi- suits. offer a 30-percent discount on selected table fact is that people are injured It is evident that a few key courts products between October 8 and Octo- every day in this country by products have been singled out by a small group ber 14, 2003. In other words, they held a they buy, and justice does require that of legal players in the class action week-long sale that was not even pub- they receive just compensation for world. This point is reinforced by a 2003 licly advertised. By the time most of their injuries. study conducted by the Institute for the class members learned about the Frequently, class actions are the best Civil Justice/RAND and funded jointly sale, their opportunity to recover way to compensate large groups of in- by the plaintiffs and defense bar to de- under the terms of the settlement had jured consumers. Yet, Grisham’s novel, termine who gets the money in class passed. ‘‘The King of Torts,’’ also shows that action settlements. The study found In fact, an independent analyst stat- the financial reward of a settlement is that in State court consumer class set- ed that KB Toys would likely benefit so great that the class action system tlements, it is the class counsel and from the settlement because they were has attracted a small group of unscru- not their clients who often walk away driving traffic. What did the class pulous lawyers who will do anything, with a disproportionate share of the counsel get? They got $1 million. Good say anything, and sue anything or any- settlement. work if one can get it, but not nec- body—not to help their clients but to What do their clients get? Well, quite essarily a good outcome for their cli- line their own pockets. simply, not enough. I believe that the ents. We keep hearing this is not a crisis, many hard-working and honest class Then there was the 1998 class action that not everyone is gaming the sys- action lawyers should be compensated filed in Fulton County, GA, alleging

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1179 that Coca-Cola improperly added They could not risk going to trial in Federal and State courts conduct a sweeteners to apple juice. In this Coca- that particular jurisdiction because of fair, full inquiry before certifying a Cola case, in the settlement of a class the outrageous verdicts that are grant- class, to ensure that common legal action lawsuit alleging that Coca-Cola ed by jurors who appear to be com- issues predominate, as required by the improperly added sweeteners to apple promised. Federal rule governing class actions. juice, it was the lawyers who got a This is akin to legalized extortion. Put simply, this Bingaman-Feinstein sweet deal—$1.5 million in fees and Too often it appears that the chief in- amendment, as amended by Senator costs. Unfortunately, class members terests served by these settlements are FEINSTEIN, would toss State laws and came up empty again, receiving 50-cent those of the class counsel and not the procedural fairness out the window for coupons but no cash. So each of them class members. This bill does not pre- the sake of allowing nationwide class got 50-cent coupons while the lawyers vent class action suits, but it does stop actions. It would reverse nearly 70 walked away with $1.5 million in attor- some of these excesses. years of established Supreme Court ney’s fees. The Class Action Fairness Act would case law that requires Federal courts As my colleagues know, I am a law- alleviate many of the problems present to apply the proper State laws when yer. In my practice, I represented both in the current class action system by they hear claims between citizens of plaintiffs and defendants. I have allowing truly national class actions to different States. watched some of the greatest lawyers be filed in or removed to Federal court. It would reverse numerous decisions appear in court when I started to prac- Some of our colleagues have indicated by State supreme courts rejecting the tice law in Pittsburgh, PA, such as the consumer will be lost here because application of one State’s laws to class James McArdle. When Jimmy McArdle they will not be able to bring these action claims that arise in 50 States, tried a case, the courtroom was always cases. Give me a break. Of course they and it would seriously undermine the filled with young and old lawyers who will be able to bring these cases. But ability of plaintiffs and defendants wanted to watch a master at work. He they have to be brought in a legitimate alike to have a fair trial. brought one of the first cases against way, in Federal court where it is much Most importantly, it would have the the tobacco industry. less likely that they will be hammered perverse effect of perpetuating the very He lost that one, but it was the case by political judges who are in cahoots magnet court abuses that this legisla- that paved the way to clean up the to- with the plaintiffs’ lawyers in that ju- tion seeks to end. The reason for this bacco industry in this country. risdiction. Federal courts as a general requirement is self-evident. The whole I supported many of the tobacco class rule will adequately dispense justice in point of a class action is to resolve a action lawyers because I thought what these matters. So the suits can be large number of similar claims at the they did was in the best interests of brought. This will level the playing same time. If the differences among their clients and the American public. field that has become tilted in many class members’ legal claims are too But this current class action system is jurisdictions in the last few years. great, a class trial will not be fair or out of whack and needs to be fixed. I It also reforms the way Federal practical. In some circumstances, Fed- understand many of these classes are courts would approve proposed settle- eral courts have found that the law of comprised of hundreds if not thousands ments with basic requirements such as different States was sufficiently simi- of members, and I do not begrudge a hearing and a finding by the court lar that a class could go forward. In class action attorneys a reasonable fee that the settlement is fair, reasonable, other cases, they have found that the award. But when the class member gets and adequate. differences were too great to have a a 50-cent coupon and the lawyers get This is the second time the Class Ac- $1.5 million because the company has fair class trial. tion Fairness Act has come to the Sen- The proposed amendment would take to settle rather than take a chance of ate floor, but we have been working on away the discretion of Federal judges going on and getting killed in a forum- it for 6 years. When we failed to to make these important decisions. It shopped court, then you can see why I achieve cloture by one vote in the pre- is as though we do not trust our Fed- am upset about this. ceding Congress—by one vote we failed There is also the case of Scott v. eral judges. In this case, we can trust to achieve cloture—we sat down with Blockbuster, Inc. Blockbuster Video them. was named as a defendant in 23 class several Democratic Senators to reach Proponents of the amendment con- action lawsuits brought by consumers, bipartisan agreement on a bill. We veniently ignore the fact that Federal alleging that they were charged exces- know it is difficult for them to work on law in this issue is quite consistent sive late movie return fees. In 2001, this bill because the largest hard with the approach taken by numerous Blockbuster agreed to enter into a set- money contributor to Democrats in the State supreme courts which have re- tlement agreement. Under the terms of Senate happens to be the American fused to certify cases where the dif- the settlement, which was approved by Trial Lawyers Association. Some peo- ferences in State law would make it a Jefferson County, TX, State court, ple believe Democrats are owned by impossible to have a fair and manage- the class attorneys received approxi- them. I do not believe that. I know able trial. mately $9.25 million in attorney’s fees there are many wonderful lawyers in In fact, the proposed amendment while the class members received—you the American Trial Lawyers Associa- would reverse decisions by the Su- guessed it—coupons. Each class mem- tion. Most are decent, honorable peo- preme Courts of California, Texas, New ber got a $1-off, or buy one get one free ple, and I know many of them. But York, and numerous other States that coupon. Experts have predicted only 20 there are some who are unscrupulous, have rejected nationwide class actions percent of the class members will even and they are the ones who have been under such circumstances. redeem these coupons. fighting this reform. And they have the Second of all, Federal courts already I am pleased the bill before us at means to do so since they have become use subclassing where appropriate. least ties legal fees to the actual billionaires as a result of these coupon Subclassing basically means dividing a amount of redeemed coupons. If only cases won in jackpot jurisdictions. class into a couple of smaller classes 1,000 people redeem those $1 coupons, The bill we are considering today is whose claims are similar. Rule 23 of the the attorneys would be entitled to a the result of all of these negotiations. Federal Rules of Civil Procedure, the percentage of that $1,000 but not $9.25 S. 5, the Class Action Fairness Act of nearly 40-year-old rule governing class million. 2005, presents this Congress with an op- actions, explicitly gives courts the op- I have described a few of the many portunity to correct some of the dubi- tion to use subclasses to account for class action settlements streaming out ous practices currently found in the variations in a class as long as the of our State court system. Many State class action system, and to protect the class would still be manageable and courts appear at times to be nothing average consumer. fair—for example, if a case involves more than rubberstamps for the law- The first response I have is that this State law that can easily be divided yers’ proposed settlement agreements. amendment is based on a faulty into three or four groups, subclassing This is not civil justice. premise. Federal courts do not have a would be appropriate if the trial would In that Jefferson County case, the hard and fast rule against certifying otherwise be manageable. At the same company, Blockbuster, had to settle. multistate class actions. Rather, both time, if subclassing were used in every

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1180 CONGRESSIONAL RECORD — SENATE February 9, 2005 situation that involves different State made a billion dollars from practicing by my dear friend, Senator FEINSTEIN laws, in some cases there would be so law, and I think he has made it legiti- from California, continues to perpet- many subclasses that it would be im- mately—mainly in the tobacco cases. I uate this system. possible to have a manageable or even have worked very closely with the at- This is not an overwhelming a fair trial. torneys in those cases. I have a lot of antilawyer bill. This is not an over- Under current law, Federal judges respect for him. He is an honest man. whelming bill that takes away con- have discretion to decide when When this honest man, a top trial sumers’ rights. In fact, it is not a bill subclassing makes sense. lawyer, one of the best in the country, that takes away consumers’ rights at This approach is working. Why would who is a plaintiffs’ lawyer, who has all. This is not a bill that is unfair. we change it? brought class actions, who understands This is a bill that will straighten out The amendment not only changes it the whole system better than those these egregious, wrongful actions by but makes it even worse. lawyers, says this, I think we ought to some of these jurisdictions by putting Finally, the amendment would hurt pay attention to it. Here is what he these important cases in courts where consumers by subverting State law. said at that luncheon, and he is one of it is much more likely that justice will The proposed amendment suggests that the leading plaintiffs’ lawyers in the prevail. That is what this bill does. It if subclassing will not work, the courts country. He said: will not prevent anybody from suing. It should simply respect State laws to the [w]hat I call the ‘‘magic jurisdictions’’ . . . will not prevent anybody from recov- extent practical. What does that mean? [is] where the judiciary is elected with ver- ering. It is just that these cases will be How does a court partially carry out a dict money. tried in Federal jurisdictions in these State law? Judges are responsible for What does he mean by that? He very prestigious Federal courts, as carrying out the law, period—not for means the attorneys make so much they should be because of the diversity carrying out the law to the extent money that they in turn can give a problems that are presented by these practical. small percentage of that money to cases, and it is much more likely that By suggesting the Federal courts these judges so they can get elected we will have less fraud, less unfairness, should ignore variations in State laws and reelected. So there is an interest in less jackpot justice in the Federal when respected State law is imprac- the courts in making sure the attor- courts than lawyers are allowed to tical, this provision would perpetuate neys make a lot of money so they can forum shop them in remote counties the very problem that the class action get their share to be reelected. bill is trying to fix. For example, in the Let me start at the beginning again. with little attachment to the parties. notorious Avery vs. State Farm case, a It is best heard in full. Here is what I suggest the absence of a quorum. The PRESIDING OFFICER. The county judge applied Illinois law to Dickie Scruggs said: claims that arose throughout the coun- clerk will call the roll. [W]hat I call the ‘‘magic jurisdictions, . . . The legislative clerk proceeded to try, ruling that insurers could not use [is] where the judiciary is elected with ver- call the roll. aftermarket parts in making auto acci- dict money. The trial lawyers have estab- Mr. KENNEDY. Mr. President, I ask dent repairs even though several States lished relationships with the judges that are unanimous consent that the order for had passed laws encouraging and even elected; they’re State Court judges; they’re popul[ists]. They’ve got large populations of the quorum call be rescinded. requiring the use of these more eco- voters who are in on the deal, they’re getting The PRESIDING OFFICER. Without nomical parts to keep down the costs their [piece] in many cases. And so, it’s a po- objection, it is so ordered. of insurance premiums. The approach litical force in their jurisdiction, and it’s al- AMENDMENT NO. 2 taken by the Avery judge—condoned by most impossible to get a fair trial if you’re the proposed amendment—hurts con- a defendant in some of these places. The Mr. KENNEDY. Mr. President, I urge sumers by denying them the protection plaintiff lawyer walks in there and writes all of my colleagues to support this of their State laws. the number on the blackboard, and the first amendment to exclude civil rights and Some State legislatures have adopted juror meets the last one coming out the door wage and hour cases from the bill’s particularly strong laws in certain with that amount of money . . . The cases provisions on removal of cases to Fed- are not won in the courtroom. They’re won areas because their citizens have ex- eral court. Working Americans and vic- on the back roads long before the case goes tims of discrimination seeking justice pressed strong feelings about those to trial. Any lawyer fresh out of law school issues—for example, privacy or con- can walk in there and win the case, so it under State laws don’t deserve to have sumer fraud. Under this amendment, doesn’t matter what the evidence or the law the doors of justice slammed on such citizens of such States will not be enti- is. claims, but that is exactly what this tled to the protection of their States He said it better than anybody on bill will do. laws in nationwide class actions. In- this floor has said it. And he is a trial All of us know that families across stead, their claims will be subject to lawyer. He said it is almost impossible the country are struggling to make some compromise law created by a to get a fair trial if you are a defendant ends meet. We cannot ignore that they judge who allowed for a class action in some of these places. He is talking are too often hurt by the denial of a trial. That is not justice. That is not about Madison County, IL, Jefferson fair wage, or by unfair discrimination. good law. That is not a good way to ap- County, TX, jurisdictions in Mis- We cannot tell the victims of these proach things. That is not good proce- sissippi, and other jurisdictions practices that Congress does not care dure. throughout the country. I do not want about this enormous problem. For all of these reasons I urge our to name them all. The fact is that is This amendment is needed, because colleagues to vote against the Binga- what he is talking about. It is impos- the harm suffered by plaintiffs in State man-Feinstein amendment and keep sible to get a fair trial. civil rights and labor cases is real, dev- this bill intact. We also know that I wonder. I have heard my colleagues astating, and personal—not the sort of should that amendment pass, this bill come on the Senate floor and say there harm that results in a few dollars of is dead. One more time, it will be dead. were only two cases a year in Madison damages or a coupon settlement. I hope we have enough Senators who County. Come on. That ignores all the We have been told that this bill was realize the importance of getting this threatened cases, demand letters, and designed to correct the problem of bill through and getting these egre- settled cases for what are basically de- class actions in which plaintiffs get gious harms straightened out to pass fense costs—whatever it costs the com- only a few dollars for minor claims, this bill without amendment. pany to hire their law firm to defend while elite attorneys earn million-dol- Let me refer one more time to Dickie them because they cannot afford to go lar fees. We have yet to hear one exam- Scruggs’ comments which he made at a to a verdict in that particular jurisdic- ple of that happening in a civil rights luncheon—‘‘Asbestos for Lunch’’— tion because that verdict money is case or a labor case. We certainly which was a panel discussion at the what supports the judges to begin with. haven’t heard anything to suggest Prudential Securities Financial Re- They are as interested as anybody in there is a major problem in those search and Regulatory Conference on making sure that those verdicts are areas. June 11, 2002, in New York. big, even if they are unjust. Some have said it is too late to raise I happen to admire Dickie Scruggs. That is what this is all about—and these concerns about civil rights and He is very sharp. He is smart. He has the Bingaman amendment, as amended workers’ rights. We have been told that

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1181 too much work has gone into this legis- Federal workers means that State-law fair pay in their home State. As long as lation to consider these issues now. overtime protections are more impor- an employer is incorporated out of But it is always the right time to stand tant than ever. This is particularly State, that employer can move the up for principle. true in States such as Illinois, which case into Federal court. In its current form, this bill is just have wage-and-hour laws similar to the Section 4 of the bill allows a case to another example of the administra- Federal law, and have explicitly re- stay in State court only if a primary tion’s misguided priorities—putting jected the new Federal regulations. defendant is a ‘‘citizen’’ of the same the interests of big companies ahead of With 8 million Americans out of State as the plaintiffs who brought the America’s working families. Why work, and so many other families case. Companies are citizens of the should Congress protect companies struggling to make ends meet, cut- State where they are incorporated, re- that violate State laws by engaging in backs in overtime are an unfair burden gardless of where they do business. As discrimination or exploiting low wage that America’s workers should not a result, plaintiffs who file a case in workers, while making it harder for have to bear. Overtime pay accounts State court against a company with of- victims of those practices to get relief for about 25 percent of the income for fices in their home State could quickly in court? Those are the wrong prior- those who work overtime, and workers find their case in Federal court if the ities, and we cannot ignore that prob- denied that protection routinely end up company is incorporated somewhere lem. working longer hours for less pay. else. We can’t turn our backs on victims of Employers are all too ready to clas- That will affect a huge number of discrimination such as Kathleen Ru- sify workers as not eligible for over- State law cases. To show the scale of dolph. She and other working women time. Warren Dubrow and Sam O’Lear this problem, let’s look at the figures. in Florida brought a class action alleg- discovered that problem when they More than 308,000 companies are incor- ing sexual harassment. These women worked in Orange County, CA, as serv- porated in Delaware, including 60 per- provided health care and other services ice mangers at an automotive chain. cent of the Fortune 500 firms and 50 to inmates in State prisons. They told They often had to work more than 50 percent of the corporations listed on the court they had suffered almost hours a week. Yet they were denied the New York Stock Exchange. Most of daily sexual harassment from male in- overtime pay because their employer these companies also do business in mates, and prison officials failed to called them ‘‘managers.’’ Never mind many other States. But plaintiffs in stop it. What sense does it make to that they spent most of their time on those other States will not be able to force a case like that to go to a Federal nonsupervisory tasks like greeting cus- file cases against these companies district court? tomers, filling out order forms, and without being dragged into Federal The same principle applies to wage even changing tires. In State court, court. That result violates basic fair- and hour laws. A fair day’s work de- they and thousands of their fellow ness and common sense. serves a fair day’s wage. State wage- service managers won the right to The Senator from Utah also sug- and-hour laws provide basic protec- overtime pay under State laws pro- gested that this amendment isn’t necessary to protect victims of discrimi- tions to workers, particularly now, as viding that workers who spend more nation because Federal courts have companies continue to improve their than half their time on non-managerial traditionally been defenders of civil bottom lines by pressuring workers to tasks are entitled to overtime. Why should a Federal court be required to rights. work off the clock. A recent New York Federal courts do perform the impor- Times article described the growing hear a case like that? This isn’t just a matter of moving tant job of protecting civil rights under phenomenon of low-wage workers in Federal law and the U.S. Constitution. civil rights cases and labor cases to a many fields, including hairstylists, su- No one is questioning that. This different forum. The real effect is much permarket cashiers, and call center amendment wouldn’t change the fact more harmful. Too often, moving these workers, being forced to work without that Federal civil rights claims can be cases to Federal courts will mean they recording their full hours. decided by Federal courts. Nor would it are never heard at all because strict These workers are denied overtime exempt Federal civil rights or Federal Federal rules for class certification pay, and in many cases, working extra wage and hour cases from the other re- will prevent the plaintiffs from being hours means they don’t even earn the quirements of this bill, such as the re- approved as a class. If a Federal court minimum wage. Many of these workers quirement that appropriate Govern- decides not to certify the class, that is refuse to underreport their hours, and ment officials be notified of class ac- they are punished for not doing so. One probably the end of the case, because tion settlements. manager interviewed by the New York many members of class action lawsuits This amendment does only one thing. Times admitted: can’t afford to pursue their cases indi- It leaves in place the current rules gov- Working off the clock was a condition of a vidually. Extended litigation in Fed- erning removal of civil rights and labor call service representative’s employment. eral court is too expensive for low wage cases filed under State or local laws. Hourly workers who complained were weeded workers and victims of discrimination, When States are ahead of the Federal out and terminated. many of whom live paycheck to pay- Government in giving their citizens Professor Eileen Applebaum of Rut- check. Defendant companies are eager greater protection than Federal law— gers University emphasized that work- to throw sand in the gears of the law, as several States have done in the area ers have little choice but to go along. and Congress shouldn’t be encouraging of genetic discrimination and discrimi- She said, ‘‘One big reason for off-the- them. nation based on marital status—State clock work is that people are really There has been some confusion dur- courts, not Federal courts, should in- worried about their jobs.’’ ing this debate about whether the class terpret those laws. Congress should not take away the action bill would really move cases in- The Senator from Utah suggested right of these workers to recover the volving local events into Federal that this amendment isn’t necessary wages they are owed. Locking the courts. Yesterday, the distinguished because civil rights cases are filed courthouse door against them will hurt Senator from Utah questioned whether under Federal laws. That is not accu- people such as Nancy Braun and Debbie cases based on truly local events would rate. There are many Federal class ac- Simonson, who worked at a national really be affected by the class action tions, but there are also many emerg- discount chain in Minnesota. They bill. Let there be no doubt, it will hap- ing areas in which victims of discrimi- were constantly forced to work pen if the current bill isn’t modified. nation are seeking relief through State through their meal breaks and work off If 100 Alabama workers bring a class law class actions. the clock. They and workers like them action case under Alabama law for job Sexual harassment cases are often would not be able to recover their discrimination that took place in Ala- brought in State courts under State wages without a class action. We bama, the employer can still use this law, like Kathleen Rudolph’s case should not put more barriers in the bill to drag the case into Federal court which I mentioned earlier. way of their pursuit of justice. if the employer company is incor- Many civil rights class actions can The new Federal overtime rule that porated outside the State. The same is only be brought under State law be- takes away overtime from so many true if low-wage workers are denied cause there is no Federal law on the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1182 CONGRESSIONAL RECORD — SENATE February 9, 2005 particular issue involved. That is true under the bill would still be governed So the judge certified a class of em- for genetic discrimination. It is true by State law. This is not unusual. It is ployees who were making a claim in for discrimination based on marital done all the time in Federal court. Federal court for violation of State status, parental status, and citizenship Nothing in the act changes substantive labor laws. Judges will try that case status. Those types of discrimination law in any way. It does not strip any based on whether it violated State law. are prohibited under many State laws, worker of any right to seek redress for In a case in Washington State, the but not yet under Federal law. a labor violation. It creates no new de- district court certified a class of meat If we don’t let State courts develop fense for corporate defendants in time- processing plant employees who ac- these emerging protections under State shaving cases or otherwise. In short, cused their employer of failing to pay laws, we are stacking the deck against workers who bring State labor claims them for work at the beginning and workers and victims of discrimination. after the Act passes—and I expect that end of each day when they were on That is because Federal courts have it will—will have the exact same rights meal breaks. This is a constant source said, time and time and time again, they have now. of litigation in these types of cases. that they will interpret State laws nar- Third, Federal courts have frequently I would suggest that the argument rowly. certified overtime class actions. Some that Federal courts will not certify The Court of Appeals for the Seventh critics have said they are worried class actions in wage and hour cases is Circuit, faced with opposing interpreta- about Federal courts refusing to cer- not correct. tions of State law, has ruled that it tify employee claims, but that is not Finally, Mr. President, contrary to will ‘‘choose the narrower interpreta- true. what has been suggested today, Federal tion that restricts liability.’’ The First A recent study by the Federal Judi- courts have a long record of protecting and Third Circuits have made similar cial Center found that class actions workers in employment class actions. rulings. There is no question that Fed- generally ‘‘are almost equally likely to Congress has passed strong laws, such eral courts are more likely than State be certified’’ in State and Federal as title VII, that were specifically courts to rule against plaintiffs in in- court. crafted to give workers access to Fed- terpreting State law. Federal judges Certification, of course, is when a eral courts so they could bring employ- have said so themselves. Moving these Federal court agrees that a class ac- ment discrimination cases in a fair cases into Federal courts will put a tion should be tried as a class action. A forum. Federal thumb on the scale in favor of lawyer can’t go in and declare, I am We have always believed Federal companies that violate the law. representing a whole class of people, court is a fair, objective forum for peo- We can’t let that happen. I urge all of without some finding that there is a ple who have been discriminated against, whether they claim employ- my colleagues on both sides of the class that has been similarly wronged, ment rights or civil rights. aisle, and on both sides of the class ac- or there is a similar litigation issue at tion debate, to support this amend- As a result, Federal courts already stake. have jurisdiction over most employment. This legislation is supposed to A review of these decisions in Federal ment discrimination and pension reduce class action abuses, not add new court found numerous examples of Fed- claims, and their record is in sharp abuses. eral judges certifying wage-labor class Mr. President, I suggest the absence contrast to courts such as in Madison actions. For example, a Federal court of a quorum. County, IL, and Jefferson County, TX. in New York recently certified a State The PRESIDING OFFICER. The Which courts system oversaw the clerk will call the roll. labor law class action on behalf of em- Home Depot gender discrimination The legislative clerk proceeded to ployees of a chain of natural food case settlement that paid class mem- call the roll. stores, many of whom were immi- bers about $65 million? Which courts Mr. SESSIONS. Mr. President, I ask grants, who claimed they were not oversaw the $192 million Coca-Cola unanimous consent that the order for properly compensated for their over- race discrimination settlement in the quorum call be rescinded. time claims. The Federal judge accept- which each class member was guaran- The PRESIDING OFFICER. Without ed that case. teed a recovery of at least $38,000? objection, it is so ordered. A Federal court in New York also The answer to both is these were Mr. SESSIONS. Mr. President, I rise certified a class of delivery persons and Federal court cases, not magnet State in opposition to the Kennedy amend- dispatchers at a drugstore chain who courts that to often look out for law- ment that would exclude labor class ac- alleged they were not paid the min- yers instead of consumers. tions from the scope of S. 5. At the out- imum wage or overtime in violation of In sum, the only class of workers set, I have serious problems with any New York law. That was already ac- that will be negatively affected by S. 5 of the carve-out amendments to S. 5. cepted under current law, and it cer- is the trial lawyers who will no longer These amendments are part of an effort tainly would not change under this. be able to bring major nationwide class by opponents of the bill to We made some efforts to improve the actions in their favorite county court. mischaracterize S. 5 as anticonsumer overtime laws in the Federal rules with For everyone else, S. 5 is a win-win and to make it appear that some of regard to it. I have personally, as a pri- proposition that will put an end to these carve-outs and exceptions are vate practitioner, represented two cli- class action abuse while protecting necessary to prevent injustice. But, ents in wage cases involving overtime. consumers who seek to bring legiti- Mr. President, S. 5 is a good deal across The reason those cases were litigated is mate class actions. the board. It is going to improve class because the laws are not clear about I urge my colleagues to reject this actions for consumers, for workers, for what overtime is and what it is not. amendment and those other carve-out our economy, and for businesses. Why Nor is the law clear as to who is enti- amendments that are being introduced. should American workers be denied its tled to overtime and who is not. That Senator KENNEDY has also added to benefits? Why would people who have a needs to be clarified, and I salute the his amendment, the employer-worker labor dispute not want to have that President for his attempt to do so. rights cases, the civil rights carve-out. dispute settled in a Federal court That is a parenthetical comment. I would like to make a few points under these superior procedures? In a multidistrict litigation pro- about the civil rights cases. S. 5 will keep most labor cases in ceeding in the Federal court in Oregon, The amendment, as I understand it, State court, anyway. The act includes a Federal court certified seven State would exclude from the reach of this two exceptions—the home State excep- law classes brought by claims rep- bill all class actions involving civil tion, and the local controversy excep- resentatives against an insurance com- rights—all of them. It should be de- tion—that are intended to keep most pany, alleging they were improperly feated for several reasons. local class actions in State court. That classified as exempt. In a case in Fed- First, an amendment that would af- means if local residents sue a local em- eral court in Illinois, the judge cer- firmatively exclude civil rights cases ployer, the case will probably stay in tified a class of employees who said from Federal jurisdiction would be con- State court, anyway. their employer violated State law by trary to a long tradition of encour- Second, any labor class actions that failing to pay them for time spent load- aging the availability of our Federal will be removable to Federal court ing trucks and driving to sites. courts to address civil rights claims.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1183 Indeed, we have on the books several This bill protects the rights of civil would certainly hope that our amend- statutes that are intended to ensure rights plaintiffs. ment would be accepted. that Federal civil rights cases can be It should not be amended. I yield back the remainder of my heard in Federal courts. It has long The PRESIDING OFFICER. The Sen- time. been recognized that Federal courts, by ator’s time has expired en bloc. The PRESIDING OFFICER. The Sen- virtue of their independence from po- Mr. SESSIONS. I thank the Chair. I ator from Pennsylvania. litical pressure, provide a more objec- urge the amendment be defeated. I Mr. SPECTER. Mr. President, the tive, hospitable forum for civil rights yield the floor. hour of 4 has arrived. Pursuant to the cases than State courts. The PRESIDING OFFICER. Who previous order, we will now vote on the One statute that permits removal to yields time? Kennedy amendment with a stacked Federal court for a broad range of civil The Senator from Massachusetts. vote on the Feinstein-Bingaman rights actions is 28 U.S.C. 1443. A sec- Mr. KENNEDY. Mr. President, how amendment to follow immediately. ond statute, 28 U.S.C. 1343, provides much time remains? The PRESIDING OFFICER (Mr. broad Federal jurisdiction over a whole The PRESIDING OFFICER. Three COBURN). Under the previous order, the host of civil rights claims. For exam- minutes remain. question is on agreeing to amendment ple, any action ‘‘for injury to person or Mr. KENNEDY. I yield myself such No. 2 offered by the Senator from Mas- property or because of the deprivation time. sachusetts. of any right or privilege of a citizen of Mr. President, a point has been Mr. SPECTER. I ask for the yeas and the United States,’’ any action ‘‘to re- raised by those who are opposed to this nays. cover damages or to secure equitable or amendment that there have been exam- The PRESIDING OFFICER. Is there a other relief under any Act of Congress ples where issues affecting working sufficient second? providing for the protection of civil conditions have been considered in the There appears to be a sufficient sec- rights.’’ Federal courts and, therefore, we ond. Indeed, that section provides original should not be so concerned. That The clerk will call the roll. Federal jurisdiction over any action misses the point. The legislative clerk called the roll. ‘‘to redress the deprivation, under The fact is, we know of a number of Mr. MCCONNELL. The following Sen- color of any State law, statute, ordi- cases that have been referred to Fed- ator was necessarily absent: the Sen- nance, regulation, custom or usage, of eral courts and the Federal courts have ator from New Hampshire (Mr. any right, privilege, or immunity se- been uncertain as to which way to rule. SUNUNU). cured by the Constitution of the United Therefore, they have made a judgment The PRESIDING OFFICER. Are there States or by any Act of Congress pro- consistently to have the narrowest pos- any other Senators in the Chamber de- viding for equal rights of citizens.’’ sible interpretation. Narrowest pos- siring to vote? Would this amendment take those sible interpretation means workers are The result was announced—yeas 40, from State court? I do not think that is going to get shortchanged on wages nays 59, as follows: healthy, and I do not think that is and working conditions. That is what [Rollcall Vote No. 6 Leg.] it means. what we should do. YEAS—40 Second, contrary to the sponsor’s as- Why take it away from the local jurisdiction? We know the same argu- Akaka Feingold Murray sertion, the bill will not discourage Baucus Harkin Nelson (FL) people from bringing class actions by ment with regard to civil rights. We all Bayh Inouye Obama prohibiting settlements that provide understand and respect the fact that Biden Jeffords Pryor named plaintiffs full relief for their when it comes to constitutional rights Bingaman Johnson Reed Boxer Kennedy claims. The answer to this contention or interpreting the laws that have been Reid Byrd Kerry Rockefeller is simple: There is no such provision in passed here with Federal guarantees Cantwell Landrieu Salazar Clinton Lautenberg the bill. Indeed, the bill does not con- there is going to be Federal jurisdic- Sarbanes Conrad Leahy tion. But that ignores the basic fact Schumer tain any provisions that will change Corzine Levin Stabenow claimants’ substantive rights to recov- that in a number of the States there Dayton Lieberman ery in any respect. The ‘‘consumer bill have been enhancements of civil rights. Dorgan Lincoln Wyden of rights’’ provisions of the bill used to The States have made those judg- Durbin Mikulski include a section that prohibited the ments. Judges understand that. They NAYS—59 payment of excessive ‘‘bounties’’ to understand what has been considered Alexander DeWine Martinez class representatives. The rationale for by the legislature. They know what the Allard Dodd McCain that provision was to protect the class temperament of the legislation is all Allen Dole McConnell about. Bennett Domenici Murkowski members. However, because of concern Bond Ensign Nelson (NE) from the civil rights community about Why take away those protections? Brownback Enzi Roberts that provision being potentially mis- This legislation does so. Quite frankly, Bunning Feinstein Santorum those areas of workers’ rights and civil Burns Frist Sessions used, we have deleted that provision Burr Graham Shelby from the bill. rights were never really thought about Carper Grassley Smith as being the major reason for this leg- Chafee Gregg Finally, contrary to the position of Snowe the amendment’s proponents, the bill islation. They represent about 10 per- Chambliss Hagel Coburn Hatch Specter will not impose new, burdensome and cent of the total class action, but they Cochran Hutchison Stevens unnecessary requirements on civil do involve protecting workers and Coleman Inhofe Talent rights litigants and the federal courts. workers’ rights and they do involve Collins Isakson Thomas The provision of the bill requiring protecting the basic civil rights which Cornyn Kohl Thune Craig Kyl Vitter that certain public officials be notified the States have enhanced over the Fed- Crapo Lott Voinovich about proposed settlements will not eral laws. DeMint Lugar Warner delay the approval of settlements. The Why are we going to take away from NOT VOTING—1 period allowed for commentary from the States the opportunity, the power, Sununu public officials is consistent with the the authority, to go ahead and inter- time that it normally takes to get set- pret that? That is going to be unfair to The amendment (No. 2) was rejected. tlement notices to class members and those individuals who ought to have AMENDMENT NO. 4 conduct the ‘‘fairness hearing’’ process the protection. This is going to provide The PRESIDING OFFICER. Under to obtain judicial approval of a pro- less protection for workers, less protec- the previous order, there are now 2 posed settlement. tion for their wages and their working minutes of debate equally divided prior The whole purpose of this additional conditions, and it is going to put at to a vote in relation to the Feinstein requirement is to ensure that proposed risk the kinds of protections that amendment No. 4. settlements are fully scrutinized to States have decided should be there to The Senator from California. protect the interests of the unnamed protect their citizens in the area of Mrs. FEINSTEIN. Mr. President, I class members. civil rights. It makes no sense, and I understand I have 1 minute to discuss

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1184 CONGRESSIONAL RECORD — SENATE February 9, 2005 the amendment before the Senate. This NAYS—61 Mr. FEINGOLD. Mr. President, I ask amendment is on behalf of Senator Alexander DeWine Lugar unanimous consent that the reading of BINGAMAN and myself. It essentially Allard Dodd Martinez the amendment be dispensed with. deals with an issue that emerged in the Allen Dole McCain The PRESIDING OFFICER. Without Bayh Domenici McConnell objection, it is so ordered. consideration of the class action bill. Bennett Ensign Murkowski I am a supporter of the class action Bond Enzi Nelson (NE) The amendment is as follows: bill. However, there is a loophole. That Brownback Frist Roberts (Purpose: To establish time limits for action Bunning Graham Santorum by Federal district courts on motions to loophole is with class action consumer- Burns Grassley Sessions remand cases that have been removed to Burr Gregg related cases. They could go to a Fed- Shelby Federal court) eral judge, and the Federal judge could Carper Hagel Chafee Hatch Smith On page 22, strike line 22 and all that fol- say the various laws of the 50 States Chambliss Hutchison Snowe lows through page 23, line 4, and insert the are so complex he cannot decide on a Coburn Inhofe Stevens following: Talent given law. Then the class action re- Cochran Isakson ‘‘(1) IN GENERAL.—Section 1447 shall apply Coleman Jeffords Thomas to any removal of a case under this section, mains in limbo. It cannot go back to Thune Collins Kohl except that— State court. Cornyn Kyl Vitter This is a compromise between Sen- Craig Lieberman Voinovich ‘‘(A) not later than 60 days after the date on which a motion to remand is made, the ator BINGAMAN and myself. It essen- Crapo Lincoln Warner DeMint Lott district court shall— tially says the judge can either issue ‘‘(i) complete all action on the motion; or subclassifications as determined nec- NOT VOTING—1 ‘‘(ii) issue an order explaining the court’s essary to permit the action to proceed Sununu reasons for not ruling on the motion within or, if that is impractical, look at other The amendment (No. 4) was rejected. the 60 day period; courses, including the plaintiff’s State The PRESIDING OFFICER. The ma- ‘‘(B) not later than 180 days after the date on which a motion to remand is made, the laws. jority leader. The PRESIDING OFFICER. The Sen- district court shall complete all action on Mr. FRIST. Mr. President, very brief- the motion unless all parties to the pro- ator from Iowa. ly, a number of Members have inquired ceeding agree to an extension; and Mr. GRASSLEY. Mr. President, there about the schedule. It is my under- ‘‘(C) notwithstanding section 1447(d), a is no loophole in this bill. This amend- standing that shortly Senator FEIN- court of appeals may accept an appeal from ment would force the Federal courts to GOLD will be offering his amendment, an order of a district court granting or deny- certify dissimilar and unmanageable and then we will debate that amending a motion to remand a class action to the claims, which is the problem occurring ment tonight. We will have the vote on State court from which it was removed if ap- in certain magnet State courts right plication is made to the court of appeals not that amendment tomorrow at some less than 7 days after entry of the order.’’ now. This is a fairness and a due proc- time. We will have discussions with the Mr. FEINGOLD. Mr. President, if we ess problem. This is not really a com- Democratic leadership and Senator are going to pass this bill, I think we promise at all. It defeats the purpose of FEINGOLD in terms of time. Thus, we should do all we can to ensure citizens the bill. will have no more rollcall votes to- get their day in court promptly, wheth- The amendment tells courts to ig- night. The next rollcall vote I expect er it is in a Federal court or a State nore State law and forget about fair- will be on the Feingold amendment court. We are all familiar with the ness just so a class can be certified. It sometime tomorrow. adage that justice delayed is justice de- would require courts to subclass even With that, the prospects of finishing nied. So we cannot let this bill become where it would be unwieldy and im- this bill tomorrow at a very reasonable a vehicle for delay. practical. time—hopefully, midafternoon or early The bill includes complicated re- If you want to stop the abuses and afternoon—are very good, very posi- quirements for determining which pass class action reform, you will op- tive. There are lots of other discussions cases can be removed to Federal court. pose this amendment. This underlying and issues that have to be dealt with, We need to make sure the cases that bill is the compromise. and I encourage they be dealt with belong in State court under this bill do Mr. CARPER. I ask for the yeas and later this afternoon and into the not get caught up in some kind of pro- nays. evening, tonight, and tomorrow morn- cedural wrangling that would effec- The PRESIDING OFFICER. Is there a ing so we can bring this bill to closure. tively deny justice to the plaintiffs sufficient second? We were just remarking, it has been through delay. There is a sufficient second. a real pleasure, in terms of the ap- Current Federal court practice allows The question is on agreeing to the proach of this bill—a bipartisan bill, a case filed in a State court to be auto- amendment. amendments being debated in a timely matically removed to Federal court by The clerk will call the roll. way, people being able to express them- the filing of a notice of removal. If a party believes the case does not belong The assistant legislative clerk called selves—but bringing the bill to closure in Federal court, it can then remove in the roll. at an appropriate point, to me, is very constructive and very positive. I thank Federal court to remand or return the Mr. MCCONNELL. The following Sen- my colleagues for that. case to the State court. ator was necessarily absent: the Sen- Under current law, when a Federal ator from New Hampshire (Mr. Thus, the next rollcall vote will be tomorrow at some point. No more roll- district court decides to grant a mo- SUNUNU). tion to remand the case back to State The PRESIDING OFFICER. Are there call votes tonight. The PRESIDING OFFICER. The Sen- court, right now that order is not ap- any other Senators in the Chamber de- pealable. S. 5, the bill before us, makes siring to vote? ator from Wisconsin. Mr. FEINGOLD. Mr. President, I ask such orders appealable for the first The result was announced—yeas 38, unanimous consent that the pending time in over a century. Due to the ef- nays 61, as follows: business be set aside. forts of Senator SCHUMER, Senator DODD, and Senator LANDRIEU, the bill [Rollcall Vote No. 7 Leg.] The PRESIDING OFFICER. Without requires the court of appeals to decide YEAS—38 objection, it is so ordered. appeals of remand orders within 60 Akaka Feingold Nelson (FL) AMENDMENT NO. 12 Baucus Feinstein Obama days unless the parties agree other- Biden Harkin Pryor Mr. FEINGOLD. Mr. President, I send wise. This 60-day time limit recognizes Bingaman Inouye Reed an amendment to the desk and ask for that there is a potential for delay that Boxer Johnson Reid its immediate consideration. these newly permitted appeals could Byrd Kennedy Rockefeller Cantwell Kerry The PRESIDING OFFICER. The cause and that there is a need for Salazar clerk will report. Clinton Landrieu Sarbanes courts to resolve quickly at the appel- Conrad Lautenberg Schumer The assistant legislative clerk read late level the issue of where a case will Corzine Leahy Specter as follows: Dayton Levin be heard. Stabenow Dorgan Mikulski The Senator from Wisconsin [Mr. FEIN- I strongly support this idea of a time Durbin Murray Wyden GOLD] proposes an amendment numbered 12. limit for decisions on appeals. But it

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1185 also highlights another great potential prioritize their cases or how quickly cial Conference, but they also make for delay that is caused by this bill. Be- they should do their work. And I do not sure that a remand motion will not fore that 60-day clock begins to run on blame them. But we do it when we languish for more than 6 months bean appeal, the district court must first think it is important. And here we are cause the court simply has not gotten rule on the motion to remand the case sending a potentially large new number around to it. to State court. Unfortunately, some of cases to Federal court. We are in- My hope is that the requirement that courts take a great deal of time to de- creasing the workload of the Federal an order be issued within the 60 days cide motions to remand. The result is courts, making it more likely cases will make it more likely that the court simply putting a case in limbo. will be delayed because of crowded will devote enough time to the motion Take, for example, the case of Lizana dockets. to realize that it is possible for a final v. DuPont. In this case, cancer victims What the committee amendment did decision to be reached within that in Mississippi allege they became sick was to require the courts to quickly as- time. If more time is needed, 180 days because they lived next door to a Du- sess whether a case belongs in Federal should be more than sufficient. Pont manufacturing plant. DuPont court, whether this bill applies to it. I A 6-month time limit will not cause then removed the case to Federal court do not think that amendment of mine undue hardship to our Federal courts. on January 21, 2003, and the victims was unreasonable at all. For those who doubt that removal will then moved to remand the case to On the other hand, I am sympathetic become a tool for delay, let me call State court. The Federal district court to the concern expressed by the Judi- their attention to testimony before the finally granted the victims’ motion, a cial Conference that in some cases 60 House Judiciary Committee by legal year after the motion to remand was days may not be enough time to decide scholar Theodore Eisenberg of Cornell filed. the motion. Its letter points out that, Law School. Professor Eisenberg testi- In an Oklahoma case called Gibbons in some cases, an evidentiary hearing fied that his research has found that v. Sprint, a group of consumers filed a might be required and the time to fully even though the number of class action case against Sprint for installing cable brief the motion may exhaust a portion lawsuits is declining, efforts to remove lines across their land without giving of this 60-day period. My committee cases are not. More importantly, he proper notice or paying compensation amendment allowed for an automatic found that remand rates are increasing to the landowners. Sprint then re- 10-day extension and an extension of over time. moved the case to Federal court. A re- any amount if both sides agree. In recent years, more than 20 percent mand motion was filed on October 4, I have read the letter from the Judi- of diversity tort cases removed to Fed- 1999, and was granted, but only after a cial Conference and I am trying to eral court have been remanded to State delay of nearly a year. come to a reasonable solution. I accept court. Now, that means that one out of These are real-life examples of how the possibility that the changes I have five removals are improper. We have no an improper removal can end up delay- made to date perhaps are not enough. way of knowing what will happen ing a case for a significant period of So I am not wedded to the 60-day pe- under this bill. Perhaps some of the 20 time. By rewriting diversity jurisdic- riod itself. What I am wedded to is the percent will now be properly removed tion rules in this bill, we are handing idea that these motions should not be to Federal court. But given the com- defendants a tool for delay, even if permitted to languish unexamined for plexity of the bill’s new requirements, they do not actually qualify to have months and months. I have made fur- I think it is safe to assume that a sig- their cases removed. So we need to ther modifications to the amendment nificant number of removals will still make sure that in cases that are re- that I offered in committee in the hope turn out to be improper. moved from State courts as a result of that the sponsors of the bill would be Once a district court decides to re- this bill, remand motions are decided willing to work with me to reach an ac- mand a case, that remand order will al- promptly. At the very least, we should commodation on this issue. most certainly be appealed. Plaintiffs require that the courts review these The amendment I have proposed on with legitimate class actions in State motions and decide them quickly, if the floor requires the district court to court therefore need the additional they can. do one of two things within 60 days of protection provided by my amendment The amendment that I offered in the a motion to remand being filed. First, in order to avoid being unfairly harmed Judiciary Committee would have the court can decide the motion. I hope by this bill. Some time limit on displaced a 60-day time limit on district many, if not most, motions to remand trict court consideration of remand court consideration of motions to re- could be decided that quickly. But motions in class action cases is critical mand. This is the same limit that the under my amendment before the body, to minimize the denial of justice to new bill places on courts of appeals the court has another option under this citizens who legitimately turn to the when decisions on motions to remand amendment. It can issue an order with- State courts, even under this bill, to are appealed. in a 60-day time period indicating why have their grievances heard. My committee also adopted the other a decision within that time cannot be I know there is tremendous opposi- components of the bill’s provision on made. Perhaps the reason is that the tion to any attempt to perfect this bill appeals. It allowed all parties to agree factual record cannot be completed on the floor because of concerns about to an extension of any length and al- within that time, or that other press- the other body, but I implore my col- lows the court to take an additional 10 ing matters must receive priority in leagues who support the bill to not let days for good cause shown. If courts of light of the court’s full docket. The their no-amendment strategy prevent appeals are going to be required to rule amendment does not presume to speci- them from taking a hard look at this on appeals of decisions on motions to fy what reasons are good or adequate problem. Do we want to leave remand in short order, I thought we reasons. The justification is entirely unaddressed the possibility that a case should require district courts to make within the court’s discretion, but it could sit in Federal court with a mo- those decisions just as quickly. That must give some explanation, some rea- tion to remand pending for a year or way, we could be sure that removals son in an order that would be issued more, only to have the case properly will not be used as a tool for delay. within this 60-day period. returned to State court once the court On Monday, the Judicial Conference If such an order is issued, the court is finally takes a look at the motion? Is sent a letter to the chairman of the Ju- then allowed, under the amendment be- that a just result? diciary Committee concerning my fore the body, to issue a decision up to I am convinced that we can work at amendment. Not surprisingly, it op- 180 days after the filing of the motion. something if my colleagues will simply poses the amendment. The Judicial That gives the court a full 6 months to take a quick look at this issue with an Conference historically has opposed, as make a decision. I argue that should be open mind. This amendment does not it says in its letter, ‘‘statutory imposi- enough time for even the most complex even come close to blowing this bill up. tion of litigation priority, expediting of remand motions. Once again, an ex- It is certainly not a poison pill. It is requirements, or time limitation rules tension of any length is permitted if all just an effort to make the bill work in specified types of civil cases.’’ the parties to the case agree. better, and surely the supporters of In other words, judges do not like I believe these changes more than ad- this bill should have the flexibility to being told by Congress how to dress the concerns raised by the Judi- do that.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1186 CONGRESSIONAL RECORD — SENATE February 9, 2005 This bill is called the Class Action from Wisconsin because I admire him p. 80.) Section 1657 currently provides that Fairness Act. To be fair to people seek- so much, but there is a substantive dis- United States courts shall determine the ing justice from courts, we should ask agreement over having mandatory order in which civil actions are heard, except the courts to act quickly on remand time requirements. for the following types of actions that must The Judicial Conference of the be given expedited consideration: cases motions at both the court of appeals brought under chapter 153 (habeas corpus pe- and district court levels. So I urge my United States, in a letter dated Feb- titions) of title 28 or under 28 U.S.C. § 1826 colleagues to support this amendment. ruary 7, addresses specifically this (recalcitrant witnesses); actions for tem- I yield the floor, and I suggest the ab- amendment and urges our colleagues porary or injunctive relief; and actions for sence of a quorum. not to impose a time certain. The Sen- which ‘‘good cause’’ is shown. The PRESIDING OFFICER. The ator from Wisconsin makes a strong ar- The expansion of statutorily mandated ex- clerk will call the roll. gument on having some predictability, pedited review is unwise for several reasons. The assistant legislative clerk pro- and I agree with him about predict- Individual actions within a category of cases ability for all involved, for defendants inevitably have different priority require- ceeded to call the roll. ments, which are best determined on a case- Mr. DODD. Mr. President, I ask unan- and plaintiffs, but there is a danger in by-case basis. Also, mandatory priorities and imous consent that the order for the making the predictability so certain expediting requirements run counter to prin- quorum call be rescinded. that it makes it difficult for the judi- ciples of effective civil case management. In The PRESIDING OFFICER. Without cial process to necessarily work in a addition, as the number of categories of objection, it is so ordered. fair and balanced way. Because there cases receiving priority treatment increases, Mr. DODD. Mr. President, I begin by are so many extenuating cir- the ability of a court to expedite review of thanking the leadership. I thank Sen- cumstances which can complicate a any of these cases is necessarily restricted. At the same time, district courts must meet ator REID of Nevada particularly be- given mandatory time requirement, it stringent deadlines for the consideration of cause, as my colleagues know, the mi- can actually work adversely to plain- criminal cases, as required by the Speedy nority in this institution, even a mi- tiffs or defendants in the case, and I Trial Act. nority of 1, can make life difficult for a know my colleagues are aware of that. From a practical standpoint, it may be dif- majority even of 99. A sound case can be made for Senator ficult in many situations to meet the 60-day The Framers of the Constitution cre- FEINGOLD’s amendment. There was a deadline under Senator Feingold’s amend- ated an institution that would make sound argument on the other side as ment. The filing of a remand motion fol- well as to why this can be dangerous. lowing a notice of removal pursuant to 28 sure that the rights of minorities U.S.C. § 1447 would trigger the 60-day period. would be protected in this body. Con- The Judicial Conference has come Under current local rules of practice in the trary to his own substantive feelings down rather strongly in a letter in op- district courts, a motion to remand may not about the matter before us, the distin- position to a mandatory time require- be fully briefed and ready for court consider- guished Democratic leader has made it ment. Rather than go through and read ation until a substantial portion of the 60- possible, because of the unanimous this whole letter, I ask unanimous con- day deadline has expired. In addition, the consent agreement entered into with sent that the letter from the Judicial district court must consider the criteria list- Conference dated February 7 be printed ed as a threshold for federal court jurisdic- the distinguished majority leader, for tion under S. 5 before deciding the motion to this matter to proceed. I also thank in the RECORD. There being no objection, the mate- remand, which may require the court to hold Senator FRIST, the majority leader, for an evidentiary hearing with witnesses. working out that arrangement so that rial was ordered to be printed in the The judiciary shares Senator Feingold’s we can deal with the matter before us. RECORD, as follows: desire to facilitate the consideration of As someone who a year and a half JUDICIAL CONFERENCE OF cases. However, for the reasons stated above, ago negotiated an agreement that was THE UNITED STATES, the judiciary believes the amendment is un- satisfactory to many, not to all, I am Washington, DC, February 7, 2005. wise. Nevertheless, if Congress determines that a specific reference beyond 28 U.S.C. pleased that we are within a day or so Hon. ARLEN SPECTER, Committee on the Judiciary, U.S. Senate, 224 § 1657 is appropriate, then the following alter- of adopting this very important legisla- Dirksen Senate Office Building, Wash- native language is suggested for the Commit- tion. We would not be able to do that ington, DC. tee’s consideration as a replacement for sub- were it not for the leadership shown by DEAR MR. CHAIRMAN: I write on behalf of section (A) on pages 1 and 2 of Senator the minority and the majority in al- the Judicial Conference of the United States, Feingold’s amendment: lowing this amendment process to go the policy-making body for the federal ‘‘(A) the district court shall complete all forward. So I begin there. courts, to express the judiciary’s opposition action on a motion to remand as soon as practicable after the date on which such mo- I commend my colleagues who have to the amendment offered, and later with- drawn, by Senator Russ Feingold to the tion was made; and’’ offered amendments. They have offered Class Action Fairness Act of 2005 (S. 5) dur- OR germane and relevant amendments to ing the Senate Judiciary Committee’s busi- ‘‘(A) the district court shall expedite all this bill that have at the very least ness meeting on February 3, 2005. That action on a motion to remand to the greatest some kernels of sound judgment and amendment would require the district court extent practicable; and’’. good ideas to them. I regretfully dis- to complete all action on a motion to re- Similar language has been used by Con- gress in other legislation and is now found agree with my colleagues substantively mand a class action case not later than 60 days after the date on which such motion within the draft asbestos bill being discussed and have expressed that in the RECORD. in your Committee. It has reminded federal I know my colleague from Delaware, was made, unless ail parties agree to an extension or the court grants an extension up judges of the importance Congress has given Senator CARPER, who has spent a lot of to 10 days for good cause shown and in the to the resolution of the particular matter time on this legislation, has been more interests of justice. As further explained without precluding a fair hearing of the deeply involved in this question than below, the Judicial Conference opposes the issues underlying the motion or action. Thank you for your consideration of the almost anyone in this body and has lis- imposition of mandatory time frames for ju- above comments. If you have any questions, dicial actions. Because the amendment may tened very carefully to all of those who please contact Mike Blommer, Assistant Di- be considered further as S. 5 moves to the have argued their amendments and rector, Office of Legislative Affairs, at 202– floor of the United States Senate, I wanted considered them thoroughly. So I 502–1700. to provide you with these views as soon as thank them for offering these ideas. I Sincerely, possible. do not suggest that I would necessarily The Judicial Conference strongly opposes LEONIDAS RALPH MECHAM, be opposed to all of these amendments the statutory imposition of litigation pri- Secretary. under different circumstances, al- ority, expediting requirements, or time limi- Mr. DODD. I am not going to go though I think there are substantive tation rules in specified types of civil cases through each and every amendment, arguments against them. brought in federal court beyond those civil but the amendments offered by my I say to one of my dearest friends in actions already identified in 28 U.S.C. 1657 as friends, Senators KENNEDY, BINGAMAN, this body—and I know we call each warranting expedited review. The Conference and FEINSTEIN, also make good points, also strongly opposes any attempt to impose other good friends, but RUSS FEINGOLD but as the Senator from Delaware and statutory time limits for the disposition of is one of my best friends in the Senate, specified cases in the district courts, the others have pointed out there are sub- and it is a rarity when he and I are on courts of appeals, or the Supreme Court. (Re- stantial and substantive reasons why different sides of an issue. I am not port of the Proceedings of the Judicial Con- those amendments are even incor- comfortable disagreeing with my friend ference of the United States, September 1990, porated already under the legislation

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1187 and thereby covered or that would Mayhem in Madison County—December 6, The Herald (Everett, WA) undo what we have attempted to 2002 Class-action reform needed to curb abuse— achieve in this legislation. Miracle in Mississippi—December 3, 2002 June 25, 2003 Class War—March 25, 2002 I pointed out the other day that back The Indianapolis Star Chicago Tribune in the fall of 2003—I believe in Octo- Lawyers Get Rich, Plaintiffs Get Coupons— ber—a group of us who objected to the Mr. Bush goes to Collinsville—January 5, September 2, 2003 cloture motion and provided the mar- 2005 Class-action suits shop the system—May 15, gin of difference that day from invok- American as apple pie—July 7, 2004 2002 Madison (just another) County—June 18, 2004 Investor’s Business Daily ing cloture provided the necessary The Judicial Hellhole—March 11, 2004 votes to secure passage of the then as The class-action money chase—June 18, 2003 A Shorter Leash for Trial Lawyers—January written class action reform bill. I think The judges of Madison County—September 6, 6, 2005 we were right in doing so. That bill, I 2002 Any Tort In A Storm—December 18, 2003 believe, was excessive. There was a real Financial Times King County Journal (Bellevue/Kent, WA) danger it would have undone a lot of Class Action Repair—September 18, 2003 Our View: Class-action reform needs Senate good law in this country which made Out of Action—March 18, 2002 action—July 8, 2003 courts accessible to legitimate class USA Today Knoxville News Sentinel action plaintiffs. Class-action plaintiffs deserve more than Class action act was reasonable legislation— We were asked, a small group of us coupons—October 9, 2002 October 27, 2003 who were willing to work on this issue, Akron Beacon Journal Las Vegas Review-Journal to try to come up with some com- Classier act—May 2, 2003 Tort Reform—June 2, 2004 promises, and we did. We submitted a Coupon Clippers—January 12, 2004 letter to the majority leader saying Baltimore Sun A real class act—June 13, 2003 there were four items that we thought No-Class Action—October 26, 2003 Lincoln Journal Star (Lincoln, Neb.) needed to be addressed in that bill. We Bangor Daily News Take small step toward legal reform—June then sat down and negotiated not only Class-action reform—June 3, 2004 30, 2003 the 4 items but 8 items additional to Action on Lawsuits—September 17, 2003 Mobile Register the 4, so we came back with 12 im- Bloomington Pantagraph (Bloomington, IL) Senate Has a Chance To Limit Lawsuit provements to that bill, far more than Congress should approve class-action suit re- Abuse—August 16, 2003 we were asked to do by those concerned forms—June 30, 2004 Montgomery Advertiser with legislation. I am not suggesting The Buffalo News Negotiate Fair Bill on Lawsuits—October 27, that covered the universe. Obviously, Class Action Compromise—December 6, 2003 2003 other ideas occurred in the last year Class-Action Lawsuits—October 14, 2003 Newsday (Long Island, NY) Protection for plaintiffs—July 31, 2002 and several months since that was Lawsuit reform is within reach; Stop stalling struck. I was disappointed we didn’t Business Insurance class-action remedy—July 9, 2004 bring up the reform bill in January of Tort Reform Takes Time—July 19, 2004 A Little Compromising Helps Bill on Mass last year, as the leader announced we Tort Reform Deserved More—January 26, Lawsuits—December 4, 2003 would do. We lost an entire year on 2004 Senate Should Change the Rules for Mass this matter, where we could have had Redouble Effort in Tort Reform Battle—Oc- Lawsuits—November 5, 2003 the same arrangement we agreed to tober 27, 2003 Congress should stem abuses of class-action Stick With Original Class Action Bill—Sep- over a year ago. Nonetheless, we are lawsuits—March 3, 2003 tember 29, 2003 New York Daily News back here with that same agreement. Maintain Class-Action Reform Push—Sep- Across the country, those who have tember 8, 2003 End Lawyers’ Shopping Spree—September 28, 2003 had a chance to look at this legislation The Christian Science Monitor New York Sun have spoken very extensively in favor Reforming class-action suits—April 17, 2003 of it. In fact, some 109 editorials across Breaking With the Bar—November 20, 2003 Contra Costa Times (Walnut Creek, CA) the Nation, from publications, daily Senators With Class?—October 22, 2003 publications literally across the Nation Class-Action Reform—July 9, 2004 Northwest Arkansas Business Journal in virtually every jurisdiction of the Crain’s New York Business Class-action reform a must—May 27, 2002 country, have come out and strongly A Class Action for Schumer—September 1, The Oklahoman 2003 endorsed this compromise package. I So Long to Reform—October 29, 2003 Daily Jefferson County Union have a list of the 109 editorial com- Odessa American (Odessa, Texas) Take Bite Out of Frivolous Suits—October ments made in support of this legisla- Lawsuit reform seems necessary—July 8, 20, 2003 tion, from publications that have rep- 2003 The Des Moines Register utations of being center, right, and Omaha World-Herald left. It transcends the traditional ideo- Pass the class-action reform—July 14, 2004 A Final Judgement—May 20, 2004 Reform class actions—February 14, 2003 logical differences one might find in Ready for (Class) Action—February 12, 2004 our daily newspapers. It is instructive The Florida Times-Union (Jacksonville, FL) Class-action bill sinks—October 27, 2003 to those of us anxious to know what Congress: Minority Rules—July 11, 2004 Reshaping Class Action Suits—October 13, those editorials have to say about this Progress Is Seen—December 16, 2003 2003 bill. Class Warfare—September 8, 2003 Balance the Scales—July 25, 2003 I ask unanimous consent that list be Always Alert—June 17, 2003 Shopping days may be over—June 16, 2003 printed in the RECORD. The Gazette (Cedar Rapids, Iowa) Fix class-action abuse—July 29, 2002 There being no objection, the mate- Clamp down on class-action suits—May 19, The Oregonian rial was ordered to be printed in the 2004 Approve class-action reform—July 29, 2002 RECORD, as follows: More class-action suits should be federal Orlando Sentinel cases—July 10, 2002 109 EDITORIALS SUPPORTING CLASS ACTION A Needed Crackdown: It’s Important for Con- REFORM The Gazette (Colorado Springs, CO) gress to Revive the Effort to Control The Washington Post Our View: A lawyer’s paradise—July 5, 2003 Class-Action Abuse—January 28, 2005 Congress Should Approve a Plan To Reform Get Tort Reform Right—January 10, 2005 Greensboro News & Record the Class-Action-Lawsuit System—June Reforming Class Actions—June 14, 2003 Class-Action Lawsuit Abuse Less Under Sen- 1, 2004 Making Justice Work—November 25, 2002 ate Rewrite—January 12, 2004 Cut Down On Judge-Shopping—February 1, Restoring Class to Class Actions—March 9, The Hartford Courant 2004 2002 Abuse of the Courts—June 16, 2004 Stop abuse of class actions—June 23, 2003 Actions Without Class—August 27, 2001 Compromise on Class Action—December 31, Pittsburgh Tribune-Review The Wall Street Journal 2003 No-class action—July 12, 2004 Tort Reform Roadmap—January 27, 2005 Sen. Dodd’s Crucial Vote—October 26, 2003 Class-Action Showdown—July 8, 2004 Stop Class-Action Abuses—August 22, 2003 The Providence Journal Class-Action Showdown—June 12, 2003 The class-action racket—July 15, 2002 Crimes against consumers—May 19, 2003

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1188 CONGRESSIONAL RECORD — SENATE February 9, 2005 Stop these corrupt suits—April 6, 2002 better scrutiny of settlements in which class talking about his amendment. As I said Rocky Mountain News (Denver, Colorado) members actually lose money. earlier, there is more than just a ker- Critics say the bill would unfairly penalize nel of truth in what he suggests. There Pay the Lawyers in Coupons, Too: Class-Ac- consumers because federal consumer-protection Excesses—July 25, 2004 tion laws are weak. There still is time to ad- is an argument on the other side that I Sun Journal (Lewiston, Maine) dress this shortcoming. But lawmakers must know my colleague, as a very distin- Reform Class Actions—September 7, 2003 resist the temptation to add extraneous guished member of the bar, will appre- St. Louis Post-Dispatch amendments—such as one to increase the ciate. I will not be able to support his salaries of federal judges—that would doom amendment, but nonetheless I appre- Madison County: Bush in the ‘‘hellhole’’— the bill. ciate the point he is making about cer- January 5, 2005 The measure enjoys broad support in the Feathering the Legal Nest—April 6, 2004 House, which gave it overwhelming approval tainty and predictability, which is not Tilted Scales—January 23, 2004 last year but which must vote again. an irrelevant issue when it comes to The Lawyers Win Again—October 24, 2003 Once Congress acts on class-action law- our courts. Derail Madco’s gravy train—October 2, 2003 suits, it can turn its attention to two other For those reasons, I appreciate the Lawsuit heaven—January 13, 2003 urgent lawsuit abuses—medical malpractice fact that a majority of us here in a bi- The Santa Fe New Mexican and asbestos. partisan way—not overwhelmingly bi- Time for a tad of tort reform—July 16, 2003 Mr. DODD. Let me say again to my partisan but a bipartisan fashion—have colleagues here, many of whom I know rejected the amendments offered by Spokane Spokesman-Review have offered amendments that have not Class Action Bill Needs Action Now—July 20, our colleagues today. My hope is that a succeeded in the past, I know it can be similar result will occur with remain- 2004 disappointing to work on the amend- Unclassy Action in Need of Reform—Sep- ing amendments, that we can have tember 3, 2003 ment and not get the necessary votes. final passage of this bill, that the lead- But let me remind my colleagues, Times Union (Albany, NY) ership of the House will do what they those who believe—and that is most of said they were going to do, and that is Class Action Victory—December 3, 2003 us here—that clearly the class action Class Action Showdown—November 10, 2003 to embrace this compromise package, situation in this country cries out for Fix class-action law—July 28, 2002 and that we will be able to send this reform, that this bill is a court reform Tyler Morning Telegraph bill to the President for his signature bill rather than a tort reform bill. No and make a major step forward in re- Small firms new target in lawsuit abuse cri- courts are closing their doors to class forming our courts so that class ac- sis—June 23, 2003 action plaintiffs at all. But the situations can proceed in the way the Fram- Vero Beach Press-Journal tion had gotten out of hand. I think ers intended in the Constitution, which Class-action reform delayed by Democrats’ most of us here agree with that. stalling tactics—July 14, 2004 We have written an improved bill— is fair to plaintiffs and defendants No Class—October 24, 2003 from both a plaintiff’s perspective as alike. Washington Times well as a defendant’s perspective. We I yield the floor. The PRESIDING OFFICER. The Sen- Ushering thru tort reform—July 7, 2004 can have access to courts, get good ator from Wisconsin. judgments, and see to it that victim- Wisconsin State Journal Mr. FEINGOLD. Mr. President, let ized plaintiffs will receive the com- Put Fair Limits on Group Lawsuits: Class- me say I appreciate the comments of pensation they deserve as a result of a Action Abuses Enrich Lawyers While my friend from Connecticut, as I al- Yielding Pennies for Plaintiffs—June 7, class action decision in their favor. 2004 I suggest to those who would have ways do. I just want to point out that the amendment I have offered, as op- Mr. DODD. As a source of some paro- liked to have us add additional amend- posed to the one I offered in com- chial pride, I ask unanimous consent ments here that there was a very real mittee, has increased the time for de- the entire editorial in the Hartford danger indeed that had we not stuck ciding these motions from 60 days to Courant of Hartford, CT, be printed in with the agreement reached almost a 180 days. Surely 6 months is plenty of the RECORD supporting this legislation. year and a half ago, the original bill time, even in a complicated motion. So It is entitled ‘‘Reining In Class-Action would have come back or a bill adopted I believe the concerns of the Judicial Abuses.’’ in the other body would have been the Conference have been addressed, unless There being no objection, the mate- vehicle chosen as the vehicle for class we in the Congress are going to go rial was ordered to be printed in the action reform. I believe that would along with the idea there should be no RECORD, as follows: have been a mistake. I know there are colleagues who are time limit at all. [From the Hartford Courant, Feb. 8, 2005] disappointed that some of us did not At this point I simply leave it at REINING IN CLASS-ACTION ABUSES support them in their efforts. I state that, hoping that prior to the time of Congress finally appears ready to curtail there are substantive reasons that we actually voting on the amendment to- the worst abuses in class-action lawsuits. did not, but also there is the reason morrow I would have a few minutes to The House and Senate have debated the repeat and reiterate my position on issue for a decade. Now the Senate is pre- that had we done so, this matter would have been opened and the results would this amendment. pared to vote, possibly this week, on a bipar- I yield the floor. tisan compromise engineered by Democratic have been a bill that would have been Sen. Christopher Dodd of Connecticut and dangerous. I would have opposed it, but The PRESIDING OFFICER. The Sen- others. President Bush has indicated he will I think the votes are here to carry it. ator from Delaware. sign the measure. It is always a tough call, and I am not Mr. CARPER. Mr. President, while Lawyers long have had a field day with going to suggest otherwise. Those are Senator DODD is still on the floor, and class-action lawsuits. They sometimes so- the kinds of decisions you have to Senator FEINGOLD as well, let me first licit clients and then shop for friendly state make in a legislative body with 99 of all say to Senator DODD that we courts with reputations for handing down other colleagues, 435 in the other body, would not be here today with this com- huge monetary awards. Too often, though, promise, which is good public policy plaintiffs end up with pennies, while the law- and a President. We are dealing with a yers take home millions of dollars. legislative form of government. Unfor- but also something Democrats and Re- Under a bill that cleared the Senate Judi- tunately, as much as we would like to publicans, not all, can support—and I ciary Committee last week, most interstate write our own bills and have everybody know we will get the support of the class-action lawsuits in which claims total go along and agree with our ideas, that House and the President. I want to say more than $5 million would appropriately be is not the way the process works. a special thank you for your leader- moved to federal courts. We think we have a substantially im- ship. I have learned a lot in the last 4 Truly local lawsuits involving plaintiffs proved piece of legislation, one that I years watching you and listening to and defendants within a state would properly heartily endorse. We will discover in you. Certainly in this instance it is no remain in local courts. The bill, known as the Class Action Fair- time if there are any shortcomings, but exception, but thank you. ness Act, has other useful provisions, such as by and large I believe we have written I want to say to Senator FEINGOLD, tighter controls on so-called coupon settle- a good bill. we had a number of amendments that ments, in which consumers receive discount I mentioned in his absence my friend- have been presented to us today, all coupons instead of cash. Also, there would be ship with the Senator from Wisconsin, thoughtful amendments by some of our

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1189 very finest Members. I was not able to his kind remarks and for his genuine by espousing a moderate and tolerant support any of them. efforts to try to reach an accord. It is view of Islam and working for the wel- The one amendment that I have lit- a shame when we have the chairman of fare of all.’’ erally worked, as he knows, behind the the committee admitting that this As Yenny noted in a recent speech, scenes to try to get included in a man- ought to be dealt with, and one of the Islamist parties gained a sizable vote agers’ amendment is this amendment great advocates of this legislation ad- in the 1999 and 2004 Indonesian elec- or some variation of this amendment. I mitting that this is just a question of tions; these developments present the think the underlying point you make— fixing something, we can’t get it done. question of what role Islamic forces if a class action is filed in a State court There is something wrong with the way will play in setting the direction of so- and that is turned down and there is an we are proceeding when we can’t fix cial and political evolution in today’s effort to move it to Federal court, that something that basically nobody is Indonesia. Will Indonesia, a democracy is turned down, and then there is an- really against if we do it right. with Muslim population of over 200 other effort to move that class action I recognize what is likely to happen million, remain on the path of a mod- from State court to Federal court, we in the vote. But I take the Senator at erate, pluralistic democracy or will a limit the second time through. There his word that he is hoping we can re- small but increasingly influential mi- has to be a response in 60 days to the solve it. Perhaps this is something that nority of fundamentalistic Islamists appeal by the Federal judge on the ap- can still happen on this bill. If not, we steadily gain ground with the masses? peal. That would sort of beg the ques- have to resolve it another way. But I Through the creation of the Wahid tion, Should not there maybe be some thank him for his sincere efforts to Institute, Yenny has chosen not to kind of time limit as well on the first solve this problem. allow these currents to flow without time there is an attempt to remove the I yield the floor. I suggest the ab- resistence. To be precise, the goal of case to the Federal court? That strikes sence of a quorum. the WI is to expand on the intellectual me as something that makes common The PRESIDING OFFICER. The principles of Gus Dur to development sense and seems fair and reasonable. As clerk will call the roll. of moderate Islamic thought that will he knows, I have reached out as re- The assistant legislative clerk pro- promote democratic reform, religious cently as last night with some of the ceeded to call the roll. pluralism, multiculturalism and toler- people involved in the Judicial Con- Mr. FRIST. Mr. President, I ask ance amongst Muslims both in Indo- ference and the Rules Committee to unanimous consent that the order for nesia and around the world. The insti- see if there is a way to strike the bal- the quorum call be rescinded. tute has set out to create a dialogue ance, and I believe you have moved to- The PRESIDING OFFICER. Without between the highest spiritual and polit- ward that balance. objection, it is so ordered. ical leaders in the West and Muslim My hope is that we could take this f world. amendment or something similar to this amendment and include it in a MORNING BUSINESS The Wahid Institute has embarked on managers’ package. You have heard Mr. FRIST. Mr. President, I ask an impressive agenda of programs, in- Senator DODD and me and others say unanimous consent that there now be a cluding an effort to facilitate commu- there is a very delicate compromise period for morning business with Sen- nication between Muslim and non-Mus- here, and there is a concern if we ators permitted to speak for up to 10 lim scholars on Islam and Muslim soci- change one piece of the bill we invite minutes each. ety and on the subjects of Christianity, friends on the other side, who have a The PRESIDING OFFICER. Without Judaism, Hinduism and Buddhism; different view about the balance and objection, it is so ordered. through conferences, discussions, pub- would like to take the bill in a dif- f lications and its website— wahidinstitute.org. ferent direction—we unleash them to MODERATE ISLAM MOVEMENTS feel free to come forth with their The Wahid Institute has plans to amendments and set the bill back. Mr. BOND. Mr. President, 2 weeks build a Muslim library, to serve schol- Having said that, I still think this ago when I talked about relief for the ars, researchers, activists, built on the amendment as you have redrawn it victims of the tsunami in Indonesia library and life work of President would actually be a good addition to a and what we are doing there, I said Wahid. It is also planning to link Mus- managers’ amendment. I learned today there was much more I wanted to call lim NGOs and committed individuals there is not going to be a managers’ to the attention of my colleagues and to build a network of individuals and amendment. As a result, I am not the people of the United States. One groups dedicated to promoting these going to be able to support this amend- area that is extremely important is the ideals. ment. enormous effort that is underway in In- Just an importantly, the Wahid In- I discussed this this morning with donesia’s mainstream, moderate Mus- stitute will focus on the education of Senator SPECTER; he finds favor with lim population to promote a moderate, young people, supporting opportunities your amendment. I think he mentioned pluralistic, democratic Islam, both in for promising young men and women in that at the Senate Judiciary Com- Indonesia and throughout the region. Indonesia to focus on progressive and mittee hearing. He said to me—and he Unlike the Middle East, in Indonesia tolerant Muslim thinking. and Southeast Asia, Islam and Muslim has no reason to say this, but I think it But the Wahid Institute is the latest is just in his heart—he thinks you are organizations have been at the forefront of the country’s struggle for a of the groups committed to promoting onto something here and would like to moderate Islam. The Liberal Islam take the Senator’s approach on this democratic society. And Muslim groups and leaders in In- Network and International Center for provision and include it in another bill Islam and Pluralism have been hard at that he is working on and presumably donesia have been among the world’s pioneers in driving inter-faith dia- work at promoting a peaceful and pro- will have hearings on. gressive Islam for sometime. I encour- I think this idea, if it does not pass logues. age all to become familiar with these tomorrow and does not get included in During my recent visit to Indonesia, groups. the underlying bill, is going to live for I met Yenny Zannuba Wahid, one of another day and we will be back to the latest leaders in this movement. In neighboring Malaysia, a country where we can hopefully all support it. Yenny is the daughter of His Excel- with a majority Muslim population of I thank the Senator for a real lency Abdurraham Wahid; a Muslim 18 million Muslims, recently elected thoughtful approach and for his will- cleric, a leader in promoting religious Prime Minister, Abdullah Badawi, has ingness to compromise and try to find tolerance in Indonesia and one of Indo- emerged as a strong voice in promoting some middle ground. I think he has nesia’s first democratically elected ethnic and religious tolerance and found it. I think his efforts will ulti- presidents. equality for women. mately be rewarded. Yenny has founded the Wahid Insti- His own country struggled through Mr. FEINGOLD. Mr. President, I tute, an organization dedicated ‘‘to times of violent race riots and has thank the Senator from Delaware for bringing justice and peace to the world made ethnic and religious tolerance an

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1190 CONGRESSIONAL RECORD — SENATE February 9, 2005 objective. Malaysia has been an eco- Muslim populations, should be com- Mr. Anwar at the height of the Asian finan- nomic success story and U.S. busi- mended for the valuable role is has as- cial crisis, replacing him with Mr. Abdullah. nesses consider it a great place to in- sumed in promoting a continental dia- Six years in which the headlines generated vest and do business. But the growing by the controversial legal process sur- logue over these critical issues. rounding Mr. Anwar’s conviction for corrup- strains of fundamentalist Islam have Singapore Senior Minister, Goh Chok tion and sodomy have cast a shadow over emerged as a challenge. The new Prime Tong, is leading the way to the cre- Malaysia’s reputation as a rising star among Minister has confronted them. ation of the Asia-Middle East Dialogue. industrializing nations. As noted in an excellent opinion Bourne out of an extensive trip to the Now that shadow is starting to lift. The piece in the Asian Wall Street Journal Middle East, where he observed in first step came in September, when Malay- written by Diana Lady Dougan, ‘‘with many Middle East countries a main- sia’s Federal Court overturned Mr. Anwar’s senior positions held by women in his stream society both diverse and inclu- sodomy conviction, a step viewed by many as government and a strong personal com- a signal that Malaysia is back on the all-too- sive, the first Asia-Middle East Dia- short list of ‘‘rule of law’’ countries in the Is- mitment to religious and ethnic toler- logue, AMED, will be held June 2005 in lamic world. This week saw another highly ance, . . . Prime Minister Abdullah Singapore. symbolic step. Mr. Anwar joined the head walks the talk. If he can combine his An event of great ambition, AMED table of a high-profile banquet hosted by Mr. strong and vocal advocacy of Islam will bring together officials, aca- Abdullah to celebrate the end of Ramadan, Hadhari with continued progress in demics, religious leaders and opinion the first meeting between the two men since Malaysia’s economic development makers for some 50 countries in the his jailing six years ago. based on a rule-of-law government and This signaled Mr. Abdullah’s emergence Middle East and Asia. As was noted to from Mr. Mahathir’s shadow. Mr. Abdullah is market-based economies, he is well po- me, this is not a government-to-gov- secure in his position as prime minister of sitioned to become an inspiration far ernment meeting, this is a meeting one of the largest secular Islamic countries. beyond the borders of Malaysia’’. best described as people to people. A leader of particular importance to the I ask unanimous consent that a copy Among many the goals: forging clos- West because of his unequivocal denounce- of Ambassador Dougan’s op-ed be printer political, economic, and security ment of terrorism and the hate mongering of ed in the RECORD at the end of my ties; a critical one is to improve the Islamic fundamentalists. speech. socio-cultural relations between the Despite many years in Mr. Mahathir’s cabinet, including five as deputy prime min- The PRESIDING OFFICER. Without peoples of the two regions. The plat- objection, it is so ordered. ister, Mr. Abdullah was a largely unknown form will provide a framework for the quantity when he quietly stepped into the (See exhibit I). two regions to engage, to highlight to Mr. BOND. Mr. President, in fact, the departing prime minister’s shoes last year. reformist elements and give a voice to When he assumed the role in Oct. 2003, Mr. Prime Minister speaks eloquently the changes taking place in the Middle Abdullah did not wait long to lay the about Hadhari Islam, meaning East. groundwork for governmental reforms. Ini- ‘‘civilisation Islam,’’ meaning religion The growth in economic engagement tially, his efforts to tackle corruption, liber- should be directed toward good, toward and the inter-regional linkages will alize Malaysia’s capital market and increase progress and toward development—all business transparency were dismissed in hopefully yield economic opportunities some quarters as predictable political pos- consistent with the Tenets of Islam. to push further the reform and liberal- The Prime Minister recently took turing. But in the year since Mr. Abdullah ization of the economies of the Middle this message in a powerful address be- became prime minister, even Moodys and East. Standard & Poor’s have acknowledged Ma- fore the World Council of Churches. I think there is value in that ap- laysia’s efforts to improve its economic fun- I will quote a couple of topics in his proach. damentals. Malaysia has jumped to 15th speech. place this year from 23rd place in 2003 in the He said: Above all, AMED will provide a platform for moderate Muslim countries to ranking of attractive places for foreign di- Islam Hadhari is an approach that rect investment among the 65 countries list- emphasises development, consistent with the speak up and challenge the extremist ed in the FDI Conference Index, according to tenets of Islam, and focuses on enhancing strain of Islam. The threat presented a recent report from management consult- the quality of life. It aims to achieve this via by global terrorism stems from a mili- ants A.T. Kearney. the mastery of knowledge; the development tant, extremist ideology that uses reli- Malaysia and its new prime minister have of the individual and the nation; the imple- gion to foment divisions between and a lot going for them. The Malaysian Central mentation of a dynamic economic, trading within societies, to foster terrorist acts Bank reports a 7.6% growth rate during the and financial system; and the pursuit of inte- and murders of innocent civilians, gov- first half of this year, following growth of grated and balanced development to develop ernment officials, and other leaders. 5.2% in 2003. Its foreign reserves leapt to a pious and capable people, with care for the record high of 221.1 billion ringgits ($58.2 bil- environment and protection of the weak and The forum, among others, will elevate lion) in October. disadvantaged. elements to counter this movement. Malaysla also has oil reserves. But unlike Further, he said: In an encouraging sign, the Egyptian many oil producing countries in the Muslin world, Malaysia has a large and stable mid- Malaysia’s experience and our promotion Government has offered to host the dle class. An enviable 82% of its population of Islam Hadhari also clearly demonstrate a next AMED. I commend the Senior Minister. I commend Prime Minister live above the poverty line. progressive attitude towards relations with Nonethless Malaysia is often stigmatized non-Muslim minorities and between gender. Abdullah. I commend Yenny Zannuba as a Muslin society where Islam is constitu- Our approach does not threaten the rights of Wahid, as well as the people of Singa- tionally enshrined as the national religion. non-Muslims. In fact, we celebrate the diver- pore, for this important effort, which Although led by pragmatic and progressive sity of our respective cultures and heritage. will have, I think, long-range benefits leaders today, the country has historically Those of other faiths in Malaysia, although a not only for the people of Islam and the had its share of radical Muslim activists. In- minority, have never been persecuted and people of Islamic countries, but all of deed few Westerners recall that Mr. Anwar there is no tolerance in my administration got his political start as a Muslim firebrand for discrimination and prejudice against any us who are concerned about the rise of religious fanaticism misusing the activist. And during his six years in jail, the religious group. I am a Muslim, but I am also former deputy prime minister has deftly or- a leader of all Malaysians—whatever their peaceful religion of Islam. chestrated the creation of a new splinter faith. I thank the Chair and my colleagues. party headed by Wan Azizah Wan Ismail, his Similarly, we have tried to ensure that the I yield the floor. conservatively shrouded ophthalmologist rights of women are protected and that they EXHIBIT 1 wife and mother of six. However since his fulfil their potential without having to face September release, little had been seen of artificial barriers constructed in the name of [From the Asian Wall Street Journal, Nov. Mr. Anwar until this week. And it remains to Islam. We know Islam to be just and fair, 19, 2004] be seen how much of the support for his po- and that it honours the position and rights MALAYSIA’S SHADOW IS LIFTING litical party will survive now that Mr. of women. But there are clear instances of (By Diana Lady Dougan) Anwar is no longer a folk hero in prison. prejudices being cloaked in religious teach- This week’s very public reunion between Although not as colorful as Messrs. ings in the Muslim world, aimed at passing Malaysia’s new Prime Minister Abdullah Mahathir or Anwar, Mr. Abdullah has long off gender discrimination as the accepted Badawi and former Deputy Prime Minister enjoyed a personal reputation untainted by norm. This will simply not do. Anwar Ibrahim may be cause for cautious scandal. He is a devout Muslim with a uni- Finally, Singapore, which lies be- celebration. It is now six years since then versity degree in Islamic studies reinforced tween two great nations with majority Prime Minister Mahathir Mohamad sacked by a father who taught the Koran and a

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1191 grandfather who ran a madrassa religious entire life. As a high school student, he As a magistrate, Elliott frequently incor- school. once declared to his American govern- porated county business into his classroom Ironically Mr. Abdullah’s reputation as a ment teacher that he would hold elec- lectures, which sparked lively roundtable respected scholar of the Koran has worked to tive office by age 30. He has always discussions. He said Rudy never held back Mr. Anwar’s advantage in the past, and the his political views. two men have ties that go back far beyond been eager to share his ideas about ‘‘I kept the students apprised as what was this week’s reunion. In 1980, when Mr. Anwar issues, and to listen to others. After going on in the county, and I thought it was eloped to Thailand with his now wife, his fa- graduating college he worked as a high interesting that Steven was always willing ther-in-law dramatically refused to acknowl- school teacher, and then at his family’s to speak his mind,’’ Elliott said. ‘‘I liked for edge the marriage and disowned his daugh- store, Rudy’s Farm Center, where he the kids to express opinions, but also to re- ter. The young couple recruited Mr. still works when not in Frankfort. In spect the opinions of others who did not Abdullah as intermediary who was credited this way he keeps in touch with his agree with you. I tried to get them to look at with using quotes from the Koran to success- constituents. issues from the other perspective. fully intercede on Mr. Anwar’s behalf and ‘‘I remember Steven leaning toward a Re- convince his fundamentalist father-in-law to Representative Rudy has accom- publican stance, and this was when not every accept the marriage. plished much in a short time, and I Republican was stating his views publicly. Armed with ethnically Arab heritage as have no doubt he will continue to There were maybe only 300 Republicans in well as Arabic language fluency (the name excel. I look forward to seeing this the county at that time.’’ ‘‘Badawi’’ means ‘‘Bedouin’’ in Arabic), bright young Kentuckian mature on The county now has 712 registered Repub- Abdullah Badawi comes with a credibility in the political stage. As so many of our licans, compared to 5,154 registered Demo- the terror-plagued Middle East that Asian best and brightest, he has the potential crats, according to the Ballard County Clerk’s Office. Muslims seldom have. And as a well-re- to transform our Commonwealth into a spected expert on the Koran, he cannot eas- Rudy smiled widely and noted that he was ily be yanked around nor intimidated by fun- worldwide leader in technology, medi- the first registered Republican in his family. damentalist zealots who are distorting the cine, industry, and the cultural arts. I ‘‘My philosophy was always in line with Islamic faith and the world view. wish him continued success as he fol- the national (Republican) platform,’’ Rudy Mr. Abdullah is starting to gain attention lows in the tradition of public service said. in the Arab world for his vocal and eloquent carved out by distinguished Kentuck- In fact, it was through Rudy’s persistence championing of ‘‘Islam Hadhari.’’ Roughly ians such as Alben Barkley and Henry that the fiscal court conducted a meeting in translated as ‘‘Civilizational Islam,’’ Islam Clay. the high school cafeteria so the students could see government in action. Hadhari is not a new religion. Rather it is a Mr. President, I ask unanimous con- rallying point for progressive Muslims in The fiscal court met twice monthly, in the Malaysia. Islam Hadhari is committed to sent to print in the RECORD an article early afternoon and at the same time as the promoting ethnic and religious tolerance, from The Paducah Sun, ‘‘Politician American government class. A substitute equality for women, protecting the religious long in the making,’’ about Represent- teacher took over Elliott’s class on fiscal as well as political rights of minorities, and ative Rudy’s accomplishments and re- court days, but Rudy always pleaded with his pursuing economic development based on spect for public service. teacher to allow the students to attend a education and fairness. There being no objection, the mate- meeting. Instead, Elliott brought the meet- With many senior positions held by women rial was ordered to be printed in the ing to the students. in his government and a strong personal ‘‘It was really interesting to watch the RECORD, as follows: commitment to religious and ethnic toler- magistrates make decisions on what was ance embedded in his Chinese, Arab and [From the Paducah Sun, Jan. 9, 2005] right for Ballard County,’’ Rudy said. Malay heritage, Prime Minister Abdullah POLITICIAN LONG IN THE MAKING His interest in government and debate also walks the talk. If he can combine his strong (By Matt Sanders) was nurtured at Ballard Memorial in the Fu- ture Farmers of America chapter, which and vocal advocacy of Islam Hadhari with KEVIL, KY—By his senior year at Ballard taught parliamentary procedure. continued progress in Malaysia’s economic Memorial High School, Steven Rudy had de- development based on rule-of-law govern- veloped such a keen interest in government IN THE BEGINNING ment and market-based economics, he is well that he once proclaimed during a county fis- Rudy’s political ambition was born at the positioned to become an inspiration far be- cal court meeting that he would be elected side of his grandfather, the late Bill Rudy, yond the borders of Malaysia. judge-executive before turning 30. who founded the Ballard County agriculture As chair of both the 118 country Non Rudy may never get a chance to run the store that would be the forerunner to the Aligned Movement and the 57 country Orga- county government because he was elected family farm supply business, Rudy’s Farm nization of the Islamic Conference until 2006, to the Kentucky House of Representatives on Center. Malaysia under Mr. Abdullah’s leadership Nov. 2 at age 26. It was his first try for public Nearly every year, Bill Rudy took his can command an international spotlight—es- office. grandson to the Fancy Farm Picnic, Ken- pecially in the Muslim world. ‘‘Politics has been a lifelong career ambi- tucky’s most important grassroots political Clearly no single person can single- tion. There was really no clear goal growing event. The often fiery political rhetoric fas- handedly defeat the distorted logic and dead- up,’’ said Rudy, who was sworn in Jan. 4 and cinated both elder and younger Rudy, with ly forces being unleashed in the name of will begin his freshman term in the General their only difference being that Bill Rudy Allah around the world, much less the debili- Assembly on Feb. 1. was a lifelong Democrat. tating economics that plague much of the But Rudy doesn’t dwell on his upset in the ‘‘I remember my grandfather talking about Muslim world. But Mr. Abdullah is clearly general election or being one of the youngest the days when the Democrats bashed the Re- working to turn the tide in the most impor- lawmakers in Frankfort. Since his victory, publicans during the speaking,’’ Rudy said. tant battle we are facing. For all our sakes, he has focused on becoming a good public ‘‘I didn’t like that, but I started going to the let’s hope both Malaysia and its new prime servant and studying the lawmaking process. picnics at the time (U.S. Senator) Mitch minister take advantage of their unique op- ‘‘I’ve always liked being involved in open McConnell came along and he said the things portunities. discussions—being able to toss around ideas that made me proud.’’ f and make decisions that can help people. At Bill Rudy also was involved in State poli- times, I haven’t minded playing the devil’s tics—he served as manager of the State De- TRIBUTE TO REPRESENTATIVE advocate.’’ partment of Agriculture’s western Kentucky STEVEN J. RUDY In the mid-1990s, Julian ‘‘Whitey’’ Elliott office in Paducah. He also was a history buff Mr. MCCONNELL. Mr. President, I was Rudy’s American government teacher as and an avid reader, which gave him a wealth rise today to commend a fellow Ken- well as a county magistrate. Elliott had a of knowledge about American presidents. He front-row seat at the meeting when the teen- could talk for hours about the presidents and tuckian who, like all of us, has asked ager made his bold prediction. Elliott re- did so at family gatherings. his neighbors for the honor of rep- called that he fully expected his student to But had Bill Rudy lived longer, he prob- resenting them in government. Rep- make good on his promise and was not sur- ably would have joined his grandson in the resentative Steven J. Rudy speaks for prised on Nov. 2 by the Republican Rudy’s Grand Old Party. the residents of Ballard, Carlisle, Hick- 1,642-vote upset of 17-year incumbent Charles ‘‘Dad was really down on Democrats there man, Fulton, and McCracken Counties Geveden in the 1st District. at the end,’’ said Jack Rudy, Steven’s father. in the Kentucky General Assembly. ‘‘I think Steven has always wanted to ‘‘It may have been what was going on with Amazingly, he won this honor last No- make things better,’’ Elliott said. ‘‘Early on, (President) Bill Clinton, but he told me that even at the local level, he was able to see he had decided on making a change.’’ vember at age 26, in his first bid for that people could serve and make things bet- But time did not allow Bill Rudy to change public office. ter. He never forgot that. Steven saw his parties. He died of a heart attack shortly Representative Rudy has had a pas- chance in this campaign to make things bet- after that conversation with his son. Bill sion for politics and government his ter.’’ Rudy’s death came in 2000, and ironically on

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1192 CONGRESSIONAL RECORD — SENATE February 9, 2005 the first Saturday in August—the day of the Rudy prior to announcing his candidacy. As legislators, working at the farm store and Fancy Farm Picnic. a small businessman, Rudy said, ‘‘I have seen helping plan the wedding. ONCE A REPUBLICAN ... things that make Kentucky an unfriendly The General Assembly will convene Feb. 1 It seems natural that Rudy recalled one of business state, like the tax structure.’’ He for 25 working days to consider and act upon his earliest memories was, as a 3-year-old, also said he heard much frustration in the legislation. watching televised replays of the 1981 assas- community over the inability of lawmakers ‘‘I’m proud of him and I hope he does sination attempt of Republican President to pass a budget. well,’’ Elliott said. ‘‘The state needs people Reagan. Rudy had been active within the party dur- in Frankfort who care about people.’’ The day he registered to vote was also the ing several campaigns, including Fletcher’s f day he got into an argument with a deputy gubernatorial bid, and he received what he county clerk who urged Rudy to register as called an unlikely phone call from state HONORING OUR ARMED FORCES a Democrat. Republicans, Rudy said he was party leaders wanting him to challenge for CORPORAL TIMOTHY GIBSON, USMC told, rarely were able to vote in primary the 1st District seat. ‘‘If you would have Mr. GREGG. Mr. President, I rise elections because it was rare for Republicans asked me 18 months ago, it would have today to remember and honor Cpl Tim- to run for elected office in Ballard County. seemed unlikely that I would run. I was very ‘‘I couldn’t understand that,’’ Rudy said. reluctant. I thought I was too young to be othy Gibson of Hillsborough, New ‘‘Why would anyone care how you’re reg- taken seriously,’’ Rudy said. ‘‘But then I fig- Hampshire for his service and supreme istered? Voting is what is important.’’ ured it was a win-win situation, so I gave it sacrifice for his country. While in college, Rudy wore his Republican a shot. If I won the election, great. If I didn’t Corporal Gibson demonstrated a will- feistiness on his chest during the 1996 presi- win, the campaign would have given me plen- ingness and dedication to serve and de- dential campaign. He often wore a Robert ty of name recognition and I would have met fend his country by joining the United Dole-Jack Kemp T-shirt to classes at the a great deal of people, which would benefit States Marine Corps. Just as many of then-Paducah Community College, much to my next campaign.’’ the displeasure of his classmates. The Dole- America’s heroes have taken up arms THE FAMILY BUSINESS Kemp ticket lost when Democrat Clinton in the face of dire threats, Tim dedi- won a second term. Inside Rudy’s Farm Center, customers are cated himself to the defense of our Rudy’s Spartan office at the farm store treated like family. They are greeted with a ideals, values, freedoms, and way of could resemble the GOP archives. Atop his smile and a handshake. Conversations easily life. His valor and service cost him his filing cabinet is a bottle of red-white-and- flow over a variety of topics—planting and harvest, weather, church, community events life, but his sacrifice will have spared blue labeled ‘‘W’’ ketchup, a souvenir from millions from lives of tyranny and sor- the 2004 presidential race that poked fun at and, of course, politics. Democrat presidential nominee John Kerry’s Retired Barlow farmer Bobby Myers was a row. wife, Teresa Heinz Kerry, and stepchildren, frequent customer and the day was never too Tim graduated from Merrimack High who are heirs to the Heinz ketchup fortune. busy to pass up discussing current events School in Merrimack, NH in 2000 and The bottle stands next to a hardbound copy with Rudy. enlisted in the Marine Corps on April 9, of ‘‘The Faith of George Bush.’’ Not far away ‘‘We always talked about what was hap- 2001. He then reported to Marine Corps is a photo of Rudy with the State’s three pening, around here and in Frankfort. He al- recruit training and subsequently re- most powerful Republicans, Senators McCon- ways seemed to know what was going on,’’ Myers said. ceived further training as a rifleman in nell and Jim Bunning and Governor Ernie the infantry. Upon completion of this Fletcher. Although Myers admitted he never In fact, business photos and a St. Louis thought then of Rudy as a future politician, training, he became a member of 1st Cardinals’ 2005 baseball schedule stand he’s confident the freshman lawmaker will Battalion, 3rd Marine Regiment, 3rd among the few nonpartisan mementos. prosper in his new position. Marine Division, III Marine Expedi- But Rudy said his thinking does not al- ‘‘I knew his daddy and his granddaddy and tionary Force, Marine Corps Base Ha- ways follow partisan lines. He mentioned Steven is just like them, good and honest waii. From this unit’s home base in Ha- two Democrats—former State agriculture and fair,’’ Myers said. ‘‘Those are the kind of commissioner Billy Ray Smith and 2nd Dis- people we need in Frankfort.’’ waii, he would later deploy to Iraq in trict Rep. Frank Rasche of Paducah—whom The store—which offers farm, home, hard- pursuit of those who would threaten he admired. ware and industrial merchandise—is a family our way of life. ‘‘The Republicans aren’t perfect and I business started in 1986 by his parents, Jack Tragically, on Januaury 26, 2005, Cpl don’t support everything within the party,’’ and Jeanette Rudy. His brother, Matt, also Gibson gave his last full measure for Rudy said. ‘‘Billy Ray is a real down-to- works at the store. Another brother, Jeff, is our Nation when the CH–53E helicopter earth guy who would do what was right for a seminary student. he was in crashed near Ar Rutbah, Iraq. all Kentucky farmers. Frank is someone I Steven Rudy handles the center’s indus- Throughout his short career, Tim feel I can rely on (in the General Assembly). trial sales, which keeps him on his cell phone As chairman of education, he does what is and behind a computer for much of his work earned a series of accolades which tes- right for the children of Kentucky.’’ day. tify to the dedication and devotion he HOUSE HUNTING Rudy took his agriculture education de- held for the Marine Corps, his fellow The new year will continue to be busy. In gree from Murray State University in 2000 Marines, and his country. Tim’s hard addition to beginning his freshman term in and became an agriculture instructor at work and dedication contributed great- the General Assembly in February, Rudy and Lyon County High School in Eddyville. He ly to his unit’s successes and placed his fiancee´, Jessica Patton, are planning a used parliamentary procedure to start the him among many of the great heroes May wedding. Rudy grinned and said he same kind of classroom debates that he loved as one of Elliott’s students. and citizens that have given the ulti- called Fletcher for assurance that there mate sacrifice for their country. Tim would be no special session, which is usually But his father had always told Rudy there convened in May. was an opening for him in the family busi- was recognized for his service by the Searching for a home also presented a ness. After much prayer and realizing he Combat Action Ribbon, the Marine challenge. By law, Rudy must reside within could jump-start the store’s industrial sales, Corps Good Conduct Medal, the Global his district, which consists of Ballard, Hick- Rudy left the classroom, came home and War on Terrorism Service Medal, the man, Carlisle and Fulton counties, and nine never looked back. Sea Service Deployment Ribbon, Sec- western McCracken County precincts. Pat- The store lies on the border in both McCracken and Ballard counties. The front ond Award, and the National Defense ton is a receptionist with the U.S. Army Service Medal. He was also the recipi- Corps of Engineers at Barkley Dam, and the acreage is lined with large merchandise, but soon-to-be newlyweds decided to live in there also is room for a soccer field, com- ent of a Certificate of Appreciation, a McCracken County, which would be between plete with two goals, which the Rudys set up Letter of Appreciation, and Meri- their work places. That limits their search for a local youth league. torious Mast for his performance above to the precincts of Ragland, Woodville, Transactions at the farm store typically and beyond expectations while in the Grahamville, Lamont, Maxon, Lang, Lone are finalized with a bag of freshly popped Marine Corps. Oak 3, Massac-Milan and Melber. popcorn, Jack Rudy’s favorite snack. A the- My condolences and prayers go out to Rudy pointed to a large map of the nine ater-style popper stands behind the counter, Tim’s family, and I offer them my precincts, covering nearly one wall in his of- and the Rudys hand out 50 pounds of the fice. ‘‘Every time she calls and tells me she snack every two to three weeks. deepest sympathies and most heartfelt found a house, I ask for the location and ‘‘Everyone tells me that I eat more than thanks for the service, sacrifice, and check it on the map to see if it’s an option,’’ half of it, but it’s a way of saying thanks,’’ example of their Marine, Cpl Timothy Rudy said. Jack Rudy said. Gibson. Tim exemplified the words of RELUCTANT CANDIDATE GOING TO WORK Daniel Webster who said, ‘‘God grants Despite his early boasting of political am- Since his election, Rudy splits his time by liberty only to those who love it, and bitions, there was not much planning by attending sessions in Frankfort for freshmen are always ready to guard and defend

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1193 it.’’ Because of his efforts, the liberty tion approved the following rules for clude any member of the committee from of this country is made more secure. the committee. I ask unanimous con- raising appropriate non-agenda topics. 5. Any witness who is to appear before the f sent that they be printed in today’s RECORD. committee in any hearing shall file with the SHIRLEY CHISHOLM TRIBUTE There being no objection, the mate- clerk of the committee at least 3 business Mr. SARBANES. Mr. President, days before the date of his or her appearance, rial was ordered to be printed in the a written statement of his or her proposed today I pay tribute to a devoted public RECORD, as follows: testimony and an executive summary there- servant and a former Member of the RULES OF PROCEDURE OF THE SENATE of, in such form as the chairman may direct, U.S. Congress, Shirley Chisholm. As a COMMITTEE ON RULES AND ADMINISTRATION unless the Chairman and the Ranking Minor- passionate activist, the first African- (Adopted Feb. 8, 2004) ity Member waive such requirement for good American woman to be elected to Con- TITLE I—MEETINGS OF THE COMMITTEE cause. gress, as well as the first African- 1. The regular meeting dates of the com- TITLE II—QUORUMS American to seek the Presidential mittee shall be the second and fourth 1. Pursuant to paragraph 7(a)(1) of rule nomination from a major political Wednesdays of each month, at 9:30 a.m., in XXVI of the Standing Rules, a majority of party, Congresswoman Chisholm was a room SR–301, Russell Senate Office Building. the members of the committee shall con- person of exceptional courage and pro- Additional meetings may be called by the stitute a quorum for the reporting of legisla- found impact. She will be missed. chairman as he may deem necessary or pur- tive measures. Before her election to the New York suant to the provisions of paragraph 3 of rule 2. Pursuant to paragraph 7(a)(1) of rule State Legislature in 1964, she was a XXVI of the Standing Rules of the Senate. XXVI of the Standing Rules, one-third of the 2. Meetings of the committee, including dedicated educator in New York City, members of the committee shall constitute a meetings to conduct hearings, shall be open quorum for the transaction of business, in- serving as a teacher as well as a to the public, except that a meeting or series daycare director. Elected to national cluding action on amendments to measures of meetings by the committee on the same prior to voting to report the measure to the office in 1969, Congresswoman Chis- subject for a period of no more than 14 cal- Senate. endar days may be closed to the public on a holm worked for both gender and racial 3. Pursuant to paragraph 7(a)(2) of rule motion made and seconded to go into closed equality. She was cofounder of New XXVI of the Standing Rules, 2 members of session to discuss only whether the matters York NOW, the first chapter of the Na- the committee shall constitute a quorum for enumerated in subparagraphs (A) through tional Organization for Women. In 1969, the purpose of taking testimony under oath (F) would require the meeting to be closed and 1 member of the committee shall con- she became a founding member of the followed immediately by a recorded vote in stitute a quorum for the purpose of taking Congressional Black Caucus, and in open session by a majority of the members of testimony not under oath; provided, how- 1971 she cofounded the National Wom- the committee when it is determined that ever, that in either instance, once a quorum en’s Political Caucus. the matters to be discussed or the testimony is established, anyone member can continue to be taken at such meeting or meetings— She continued her fight for minority to take such testimony. representation when she sought the (A) will disclose matters necessary to be kept secret in the interests of national de- 4. Under no circumstances may proxies be Democratic nomination for President considered for the establishment of a of the United States in 1972. Although fense or the confidential conduct of the foreign relations of the United States; quorum. many criticized her campaign as a fu- (B) will relate solely to matters of the TITLE III—VOTING tile effort, she tenaciously continued committee staff personnel or internal staff her fight for the nomination and laid 1. Voting in the committee on any issue management or procedure; will normally be by voice vote. the groundwork for future minorities (C) will tend to charge an individual with 2. If a third of the members present so de- crime or misconduct, to disgrace or injure to run for the Presidency. In her own mand, a record vote will be taken on any the professional standing of an individual, or words, she ‘‘ran for the Presidency, de- question by roll call. spite hopeless odds, to demonstrate otherwise to expose an individual to public contempt or obloquy, or will represent a 3. The results of roll call votes taken in sheer will and refusal to accept the sta- clearly unwarranted invasion of the privacy any meeting upon any measure, or any tus quo.’’ And indeed she was instru- of an individual; amendment thereto, shall be stated in the mental in opening the door for women (D) will disclose the identity of any in- committee report on that measure unless and minorities to enter Presidential former or law enforcement agent or will dis- previously announced by the committee, and races in the future. As she noted in her close any information relating to the inves- such report or announcement shall include a tigation or prosecution of a criminal offense tabulation of the votes cast in favor of and autobiography, ‘‘The Good Fight,’’ the votes cast in opposition to each such ‘‘the next time a woman runs or a that is required to be kept secret in the interests of effective law enforcement; measure and amendment by each member of black, a Jew or anyone from a group (E) will disclose information relating to the committee. (Paragraph 7 (b) and (c) of that the country is ‘not ready’ to elect the trade secrets or financial or commercial rule XXVI of the Standing Rules.) to its highest office, I believe he or she information pertaining specifically to a 4. Proxy voting shall be allowed on all will be taken seriously from the start. given person if— measures and matters before the committee. The door is not open yet, but it is (1) an Act of Congress requires the infor- However, the vote of the committee to re- ajar.’’ mation to be kept confidential by Govern- port a measure or matter shall require the Throughout her lifetime, Shirley ment officers and employees; or concurrence of a majority of the members of Chisholm worked to open doors for (2) the information has been obtained by the committee who are physically present at the Government on a confidential basis, the time of the vote. Proxies will be allowed women and minorities inside and out- other than through an application by such in such cases solely for the purpose of reside of the political arena, and in the person for a specific Government financial or cording a member’s position on the question process gained the respect and ac- other benefit, and is required to be kept se- and then only in those instances when the knowledgement of even her most ar- cret in order to prevent undue injury to the absentee committee member has been in- dent political foes. By remaining loyal competitive position of such person; or formed of the question and has affirmatively to her own beliefs and steadfastly (F) may divulge matters required to be requested that he be recorded. (Paragraph working to accomplish her goals, Shir- kept confidential under the provisions of law 7(a)(3) of rule XXVI of the Standing Rules.) or Government regulations. (Paragraph 5(b) ley Chisholm truly was what the title TITLE IV—DELEGATION OF AUTHORITY TO of rule XXVI of the Standing Rules.) COMMITTEE CHAIRMAN of her autobiography declared: 3. Written notices of committee meetings ‘‘unbought and unbossed.’’ will normally be sent by the committee’s 1. The Chairman is authorized to sign him- Her vision, her ideals, and her cour- staff director to all members of the com- self or by delegation all necessary vouchers age are certainly not to be forgotten. I mittee at least a week in advance. In addi- and routine papers for which the commit- extend my deepest sympathies to her tion, the committee staff will telephone or e- tee’s approval is required and to decide in family and friends. mail reminders of committee meetings to all the committee’s behalf all routine business. members of the committee or to the appro- 2. The Chairman is authorized to engage f priate staff assistants in their offices. commercial reporters for the preparation of RULES OF PROCEDURE—COM- 4. A copy of the committee’s intended transcripts of committee meetings and hear- MITTEE ON RULES AND ADMIN- agenda enumerating separate items of legis- ings. ISTRATION lative business and committee business will 3. The Chairman is authorized to issue, in normally be sent to all members of the com- behalf of the committee, regulations nor- Mr. LOTT. Mr. President, today the mittee by the staff director at least 1 day in mally promulgated by the committee at the Committee on Rules and Administra- advance of all meetings. This does not pre- beginning of each session.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1194 CONGRESSIONAL RECORD — SENATE February 9, 2005 TITLE V—DELEGATION OF AUTHORITY TO COM- I believe that the government’s first of great importance to our Nation’s MITTEE CHAIRMAN AND RANKING MINORITY duty is to defend its citizens, to defend military. While I could reflect today MEMBER them against the harms that come out upon the bravery and tenacity of the The Chairman and Ranking Minority Mem- of hate. The Local Law Enforcement P–3 Orion pilots at Brunswick who ber, acting jointly, are authorized to approve Enhancement Act is a symbol that can have supported the global war on ter- on behalf of the committee any rule or regu- rorism, today I share with my col- lation for which the committee’s approval is become substance. I believe that by required, provided advance notice of their in- passing this legislation and changing leagues the significant benefits and tention to do so is given to members of the current law, we can change hearts and strategic advantages that Brunswick committee. minds as well. Naval Air Station offers our efforts in f f the areas of homeland defense and maritime interdiction operations. As we THE NATIONAL GUARD AGRICULTURAL PRODUCTS EX- look toward the future, and develop Mr. CRAPO. Mr. President, I rise PORT FACILITATION ACT OF 2005 new tools to address future threats, we today to honor the National Guard, to Mr. LUGAR. Mr. President, I rise must ensure that these tools are lo- mark its 368th birthday on December today in support of a bill that will fa- cated in facilities where their advanced 13. cilitate the sale of U.S. agricultural capabilities can be fully utilized. The National Guard was founded in products abroad. I am delighted to join Therefore, I ask unanimous consent 1636 and has answered the call to pro- colleagues from both sides of the aisle that a white paper, authored by Ralph tect this great Nation in the face of in cosponsoring this bill, which will Dean, one of Brunswick’s great advo- every conflict. It was formed even be- help remove potential impediments to cates, entitled Homeland Defense and fore the birth of America and continues the shipment of U.S. agricultural goods Maritime Interdiction Operations, be to serve as a safeguard against all en- to Cuba. printed in the CONGRESSIONAL RECORD. emies and oppressors. Cuba’s geographic proximity to the The white paper provides significant The Guard is now a force of more U.S makes it an important market for insight on the great advantages that than 450,000 men and women strong, U.S. exporters. This bill will maintain Brunswick Naval Air Station offers. proudly bearing the seal of American significant economic benefits not only There being no objection, the mate- dreams. More than 95,000 of those are for the farmers in my home State of In- rial was ordered to be printed in the serving overseas in Iraq, Afghanistan diana, but for farmers throughout the RECORD, as follows: and Bosnia, protecting America on for- country. Agricultural trade with Cuba HOMELAND DEFENSE AND MARITIME eign soil. As some of the Nation’s fin- is currently allowed under the Trade INTERDICTION OPERATIONS est, they do not only protect us abroad Sanctions Reform and Export Enhance- In the business of homeland defense (as in but do the same here at home, depend- ment Act of 2000, TSREEA. This legis- real estate), location is the key. Imagine a ably defending us against foreign lation was enacted in the 106th Con- naval search for a single, relatively small threats and terrorists. gress to provide additional markets for merchant ship, which intelligence sources have revealed has a hold full of weaponized However, protecting the American U.S. agricultural products and support chemicals. Its destination is a major coastal people is only part of the heroic con- the American farmer. I have long been city. After tense hours of searching, a mari- tributions the Guard provides us. an advocate of exercising care when time patrol aircraft locates two possible sus- Those brave souls also serve as res- imposing unilateral economic sanc- pect vessels out of hundreds in one of the cuers, reaching out to those who are tions. Numerous studies have shown world’s busiest maritime areas. The aircraft victims of natural disaster, and sup- that unilateral sanctions rarely suc- directs two fast naval frigates to the vicinity porting our people in neighborhoods ceed and often harm the United States of the targets. The frigates and their on- and communities in times of despera- more than the target country. Sanc- board helicopters intercept and challenge the target vessels. One vessel submits to tion and need. From coast to coast and tions can jeopardize billions of dollars search and is determined to be harmless. The around the world, all humanity can in U.S. export earnings and hundreds of other however, resists interception and count on these valiant Americans. thousands of American jobs. They fre- boarding. Finally, helicopter-borne special Each of us owes a great debt of grati- quently weaken our international com- operations commandoes descend upon the tude to every member of the National petitiveness by yielding to other coun- vessel, board and secure the ship and its po- Guard, from the past and the present, tries those markets and opportunities tentially deadly cargo. for their sacrifice and dedication to that we abandon. This scenario actually occurred in the protecting America’s cherished free- There have been indications that western Mediterranean Sea last month. The weapons of mass destruction seized were sim- doms and democracy. It is wonderful TSREEA will be interpreted in a way ulated; the entire sequence of events part of that we can honor the National Guard that may serve to impede agricultural a successful exercise of Maritime Interdic- on its birthday and remember its sig- exports to Cuba, which is contrary to tion Operations conducted by forces of four nificance to the people. the original intent of the bill. This NATO nations. Maritime interdiction capability is a hot f would be a departure from current policy and undermine the benefits for U.S. item right now for defense planners, a par- LOCAL LAW ENFORCEMENT farmers which the act has achieved. ticularly important focus of a larger effort ENHANCEMENT ACT OF 2005 known as the Proliferation Security Initia- Groups such as the American Farm Bu- tive (PSI). PSI is being advanced by 15 core Mr. SMITH. Mr. President, I rise reau have indicated that the opening member nations, brought together at the re- today to speak about the need for hate up of Cuba as a market has provided quest of President Bush last year to develop crimes legislation. Each Congress, Sen- significant benefit to their members. cooperative diplomatic, military, and intel- ator KENNEDY and I introduce hate Without the important changes that ligence means to stop ships which may be crimes legislation that would add new this bill will make, the U.S. economy carrying weapons of mass destruction categories to current hate crimes law, could be impacted, not only in agricul- (WMD). Many of the maritime interdiction sending a signal that violence of any tural exports, but also in related eco- precepts under PSI are evolving from a mul- kind is unacceptable in our society. tinational ‘‘game’’ conducted last September nomic output. To prevent this occur- at the Naval War College in Newport, Rhode Likewise, each Congress I have come to rence and to help bolster the agricul- Island, and refining these concepts and pro- the floor to highlight a separate hate tural export industry in the U.S., I ask cedures is clearly a high priority for the na- crime that has occurred in our coun- you to join me and the other co-spon- tions involved. Japan recently hosted the try. sors in support of this important legis- latest multinational PSI exercise, the Late last summer, a man was beaten, lation. twelfth in the short time since the Initiative began. robbed, and sexually assaulted by a f group of three men and one teenager. As the Mediterranean exercise and others The alleged motivation behind the as- BRUNSWICK NAVAL AIR STATION’S showed, Maritime Patrol Aircraft (MPA) are STRATEGIC ADVANTAGE a critical, almost always essential part of sault was the sexual orientation of the successful maritime interdiction. Whether victim. The group of assailants met the Ms. COLLINS. Mr. President, Bruns- conducting a broad-area search, refining a victim at a gay bar, and he was alleg- wick Naval Air Station, which is in my datum provided by other (including national) edly targeted because he was gay. own home State of Maine, is a facility sensors, or vectoring surface, rotary-wing or

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1195 special-warfare assets to a target, MPA are a for Special Forces and other units; com- There being no objection, the mate- key link in the chain from initial intel- pletely secured perimeter and outstanding rial was ordered to be printed in the ligence to intercept. MPA are of particular force protection layout and capability; and RECORD, as follows: value in crowded shipping lanes, in areas of easy access by all forms of transportation. [From the Burlington Free Press, Feb. 6, poor weather or visibility. No other platform The ports and shipping lanes to the north- 2005] is as versatile in this mission area, one as eastern region of the United States deserve old and enduring as naval aviation itself. But the protection which can only be provided by SKIING MATRIARCH GINNY COCHRAN DIES land-based aircraft need bases to fly from— maritime interdiction forces operating from MOTHER OF OLYMPIANS TAUGHT THOUSANDS TO bases which optimize their speed, range, and a base within that region. Obviously trans- LOVE THE SPORT, AND SPORTSMANSHIP turnaround capability on missions pro- atlantic shipping is critical to our nation’s (By Susan Green) tecting the nation’s most vital areas. The economy, but as west coast ports operate at Virginia Davis Cochran, whose name has seaborne WMD threat has become primary. capacity, more and more operators are re- been entwined with Vermont’s skiing herit- Maritime interdiction platforms and infra- directing their shipments from Asia directly age for more than four decades, died Satur- structure must be top concerns for naval to the northeast. These shippers prefer to day morning at age 76. strategists and planners. have their cargo spend the additional 7 to 10 Cochran, known as Ginny, started the Fortunately help is on the way, again from days at sea rather than accept delays at west Cochran Ski Area in Richmond with her hus- patrol aviation. The Multi-mission Maritime coast ports and during rail transport across band, Mickey, in 1961 and over the years Aircraft (MMA) promises a substantial in- the continent. Container traffic to New York taught more than 10,000 children to ski. She crease in capability for commanders respon- alone has risen 65% in the last five years, the also helped her own four children and 10 sible for maritime interdiction. Based on the fastest rate of growth in over 50 years. All of grandchildren become top skiers—with some Boeing 737–800, the MMA will bring increased the enormous volume of shipping to the re- joining the U.S. Ski Team and one winning speed, range, and reliability compared to the gion must be monitored, and if necessary an Olympic gold medal. current workhorse MPA, the P–3C Orion. interdicted whenever it may pose a threat. Cochran died at Vermont Respite House in MMA sensors for interdiction missions will The Defense Department’s Base Closure Williston of complications from non-Hodg- include a new electro-optical and infrared and Realignment Commission (BRAC) will in kin’s lymphoma, Mickey Cochran died in spectrum sensor, moving target indicators, 2005 identify military infrastructure for per- 1998. an enhanced inverse synthetic aperture / manent elimination. The BRAC process must The Cochran Ski Area began as a family synthetic aperture radar, and a new signals carefully factor in future requirements for affair when the couple moved to a former intelligence suite. Perhaps best of all, MMA maritime interdiction as they are just now dairy farm along the Winooski River. They will control and exploit the capabilities of being developed under the PSI. Caution is in- soon constructed a rope tow for their chil- the Broad-Area Maritime Surveillance dicated—the nation cannot afford to close ir- dren: son Bob and daughters, Marilyn, Bar- (BAMS) Unmanned Aerial Vehicle. replaceable military facilities just as new bara Ann and Lindy. The aircraft themselves will certainly be Barbara Ann went on to earn the 1972 concepts and capabilities are being developed fantastic, but land-based planes are only as Olympic gold medal in slalom at Sapporo, to address a burgeoning threat. Maritime good as the base they operate from, and the Japan. In 1969, Marilyn was the first Amer- interdiction of weapons of mass destruction future homes for MMA/BAMS have not yet ican to win a World Cup in the giant slalom. headed for our shores is zero-defect work, been identified. Conventional wisdom has it ‘‘From the start, neighbors wanted to ski and the selection of bases for that effort that the transition from the P–3 force to one their hill,’’ said David Healy, a friend of the must be equally judicious and effective. Lo- of fewer than half as many MMA will inevi- Cochrans, ‘‘so Ginny opened her back door cation is an enduring essential—we must tably result in a reduction in the number of and welcomed them in. Her kitchen became keep open our bases ‘‘at the corners.’’ maritime patrol aircraft bases in the U.S. the lodge.’’ This assumption may be incorrect, since op- f The ski area was a modest business offer- timum basing for maritime interdiction as- ing affordable access to the sport. ‘‘They ran sets is as important as the assets them- ADDITIONAL STATEMENTS a small mom-and-pop operation,’’ Healy said, selves. Bases must be located to provide ‘‘and it’s the nation’s first nonprofit ski rapid response to all coastal areas, particu- area.’’ larly those containing major population cen- VIRGINIA DAVIS COCHRAN In the winter nowadays, 800 schoolchildren come to ski at Cochran’s each week, he said. ters and port facilities. They must be ∑ Mr. LEAHY. It is with great sadness versatile, able to support not just MPA, but Cochran also ran the town’s after-school rotary wing units and special warfare forces that I inform the Senate that Virginia ski program for 35 years as a volunteer, with easy access, unencumbered space and ‘‘Ginny’’ Cochran of Richmond, VT, Healy said. facilities for joint, coordinated training, and died this past Saturday. She was 76. Ginny Cochran, who hailed from Hartland self-protection and security from intrusion Ginny Cochran was a native Four Corners, met Mickey on a ski trip to or attack. Maritime interdiction is a team Vermonter originally from Hartland Stowe while both were UVM students in the late 1940s. They married in 1949 and moved to game, and collocation of the assets for train- Four Corners. Like her husband Mick- ing and operations is essential. Windsor, where Mickey taught high school ey who died in 1998, she attended the science. The current MPA force laydown includes University of Vermont. Over the years, P–3 bases at Kaneohe Bay in Hawaii, Jack- ‘‘They skied with their kids at Mount As- sonville, Florida, Brunswick, Maine, and the Cochran name became synonymous cutney,’’ Healy said, ‘‘but they came back to Whidbey Island in Washington State. A ro- with Vermont skiing. Ginny and Mick- Burlington in 1958. He worked as an engineer bust P–3 capability is maintained for fleet ey established their own ski area where at General Electric.’’ With the purchase of about 190 acres in support and other missions at the North Is- thousands of children learned to ski. Richmond, however, the Cochran clan didn’t land Naval Air Station in San Diego. These They instilled a competitive spirit in have to stray far from home to indulge their last four bases, at the ‘‘corners’’ of the conti- each of their four children who went on love of the slopes. nental U.S. are perfectly situated for mari- to become internationally known ski ‘‘The kids were already racing at Smug- time interdiction of WMD threats. From racers. One daughter, Marilyn, won a glers’ Notch,’’ Healy said. ‘‘Mickey recog- these sites, MMA response time to any point nized they needed to practice during the on the coast will be less than two hours, and World Cup race in 1969, and another, Barbara Ann, won an Olympic gold week. His goal was to give them a place to all major sea lanes of approach can be cov- train after school.’’ ered within the 1200—1500 nautical mile oper- medal in 1972. Several of Ginny’s Peggy Farr, who met the Cochrans when ational range of the aircraft. grandchildren are already outstanding they arrived in Richmond, remembers the All four sites have their advantages, and ski racers. early years at the ski area. all are essential to that coverage. For exam- Ginny Cochran was one of those life- ‘‘When the kitchen was still the lodge, one ple, the Naval Air Station in Brunswick, long Vermonters who personified the day Ginny had made brownies for her family. Maine has remarkable potential as a joint My son Chuck spent a lot of time at their forces maritime interdiction center under essence of what it means to be a Vermonter. She loved the four seasons, house. He and his pals ate them all,’’ she re- the PSI initiative: The only remaining fully called with a laugh. capable active-duty military airfield in the she was loved by her community, and By way of a belated apology, the now- northeastern U.S. and near its coastal cit- she taught countless people how to grown Chuck Farr and his wife made brownies—a region of over 48 million people; imme- enjoy freezing weather and beautiful ies for Ginny Cochran on her 75th birthday in diately adjacent to all major sea lanes in the scenery while gliding down snow cov- March 2003. North Atlantic; more than 63,000 square ered mountains with style. ‘‘She had a great influence on so many miles of unencumbered airspace for training I ask that a February 6, 2005, article children,’’ Peggy Farr said. ‘‘Two of my and exercise missions; versatile and exten- in the Burlington Free Press about the three kids and all my grandchildren learned sive modern facilities (including a new hang- to ski there.’’ ar designed specifically for MMA and BAMS) extraordinary life of Ginny Cochran be Ditto for Marvin Carpenter, who grew up and land with no encroachment issues; an es- printed in the RECROD. nearby on what would later be called Coch- tablished all-weather training area available The article follows. ran Road.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1196 CONGRESSIONAL RECORD — SENATE February 9, 2005 ‘‘There’d be 60 or 70 of us kids waiting in benefits that girls receive from partici- Freshman All-America honors, and line for their rope tow on a knoll behind the pating in sports are far more than Carlos Rogers won the Jim Thorpe house,’’ he said. ‘‘We’d tramp through the physical. Through sports, young girls Award, which is presented to the Na- kitchen with our ski boots on, open the learn leadership, self confidence, team- tion’s top defensive back. Senior quar- fridge. If you needed gloves, they gave you gloves. The Cochrans made trampolines we work, and a host of other skills that terback Jason Campbell won the most could jump on as part of our ski training. In they will use through their entire life. valuable player award for the Sugar the summer, Ginny took us swimming. She It is important that we, as a society, Bowl and the Southeastern Conference was a mother to the whole community.’’ support these girls and women in their Championship game; while also gar- Carpenter, who now owns the Bridge Street athletic endeavors. nering SEC offensive player of the year Cafe in Richmond, boasts that Ginny Coch- Aside from just praising the fine and SEC player of the year honors as ran ‘‘called me her second son. Of course, women sports teams of Louisiana, I well as Most Valuable Player of the there are about nine other guys who make would like to offer special thanks to that claim.’’ South squad in the 2005 Senior Bowl. The Cochran skiing philosophy, Carpenter the organizations that are members of I believe it is important to emphasize said, has always been to teach parents who the coalition for National Girls and that the young men who make up this would in turn teach their children. When it Women in Sports Day: the American outstanding Auburn football team un- came to ski lessons, ‘‘Ginny was a tough Association of University Women, Girl derstand that they are students first, taskmaster,’’ he said. Scouts of the USA, Girls Incorporated, and then athletes. The academic focus ‘‘Ginny never pulled any punches,’’ said the National Association for Girls and of these players is exemplified by the her friend Jack Linn, who got to know her in Women in Sports, the National Wom- fact that 9 of the 18 seniors playing in 1978. ‘‘She was direct as all get-out, thanks to her old Vermont stock.’’ en’s Law Center, the Women’s Sports the Sugar Bowl had already earned As the ski area grew in popularity, the Foundation, and the YWCA USA. their bachelor’s degrees and 17 players Cochrans added to the property. They bought Introducing our young women to ath- made the Southeastern Conference another 140 acres in 1965. The facility in- letics and encouraging their active par- Academic honor roll. I commend the cludes eight trails, four lifts and a T-bar. ticipation in such events, is an impor- players and coaches for ensuring that Other lodges were built, allowing the family tant task, and one I look forward to academic achievement is not sacrificed to reclaim its kitchen; the most recent one doing with my own daughter. Today I for athletic success. went up in 1984. commend the achievements of all girls Auburn’s head coach Tommy Although skiing was central, Ginny Coch- ran had other interests. ‘‘She was an avid and women throughout this country Tuberville is to be commended for his tennis player and loved bridge,’’ said Linn, that participate in sports, and ask that achievements as well. Coach Tuberville her bridge partner. my colleagues join me in honoring the was the recipient of six Coach of the ‘‘Ginny was very competitive at every- National Girls and Women in Sports Year awards including the Associated thing she did,’’ noted Carpenter, who partici- Day.∑ Press, Paul ‘‘Bear’’ Bryant, American pated in the regular card games, ‘‘She also f Football Coaches Association, Schutt bicycled and walked a lot. This was a busy Sports, Walker Camp, and South- lady. I remember the calendar in her kitchen TRIBUTE TO UNDEFEATED eastern Conference awards. had activities written down on every day of AUBURN UNIVERSITY TIGERS I join Auburn fans across the country the week.’’ ∑ Linn surmised that her legacy is the kind Mr. SHELBY. Mr. President, I rise in recognizing their accomplishments, that endures. ‘‘Ginny was a supercitizen of today to pay tribute to the undefeated honoring their achievements and prais- Richmond.’’∑ 2004 Auburn University football team. ing their teamwork. I am proud of f The Auburn Tigers went 13–0 this sea- their outstanding record and am in- son winning both the Southeastern spired by their ability to overcome ad- NATIONAL GIRLS AND WOMEN IN Conference Championships and the versity to achieve success. The Auburn SPORTS DAY Nokia Sugar Bowl. They finished the University Tigers showed football fans ∑ Ms. LANDRIEU. Mr. President, I rise season tied for the best record in the everywhere what it means to play as a today to pay tribute to National Girls land and, in my opinion, made a strong team.∑ and Women in Sports Day. case for a national championship. f Tomorrow evening the Louisiana The Auburn Tigers finished the sea- State University women’s basketball son ranked first in the Nation in scor- HONORING VEL PHILLIPS team, which is currently ranked No. 1 ing defense and fifth in the Nation in ∑ Mr. FEINGOLD. Mr. President, today in the Nation, will take on the fifth total defense. They also won four I honor the accomplishments of Vel ranked University of Tennessee’s Lady games over Associated Press top 10 Phillips, a pioneer in Wisconsin his- Volunteers. On Friday, LSU’s lady teams—the most of any Division I tory, who turns 81 on February 18. gymnastics team, ranked third in the team during the 2004 season. The celebration of Black History Nation, will face the women of the Uni- While many Auburn players and Month in the State of Wisconsin can- versity of Georgia, ranked seventh na- coaches received individual accolades not be complete without including Vel. tionally. throughout the season, I believe that In 1951, Vel was the first African-Amer- While I mention these two sporting their dedication to extraordinary ican woman to graduate from the Uni- events to highlight the achievements teamwork is an enduring tribute more versity of Wisconsin Law School. She of the lady Tigers, I am also citing impressive than any trophy or award. and her husband Dale moved to Mil- them to show how far women’s sports Saturday after Saturday, this team waukee, where they became the first have come in the past 35 years. Girls came prepared to play their hearts out husband-wife attorney team admitted and women in sports today are leading and leave it all on the field. As the to the Federal bar. our high schools, our colleges and uni- weeks passed, it became apparent to Vel’s is a household name in Mil- versities, and our society. Seimone Au- anyone watching that their efforts waukee, where she was first inspired to gustus, the 6′ 1″ guard for LSU’s wom- were more about a team, a brother- run for office doing door-to-door voter en’s basketball team, is now a can- hood, and a community focused on vic- registration. She was the first woman didate to receive the Player of the Year tory than on individual accomplish- and first African American elected to Award for 2005. Last year, Carly Pat- ments. The dedication, hard work, and the Milwaukee Common Council. Vel terson of Baton Rouge, LA, became the focus of these players and their coaches literally came under fire as she fought first American woman since Mary Lou are undeniable. for open housing in Milwaukee, when Retton to win the women’s all-around Individually, Auburn’s players ac- gunshots left a bullet lodged in her competition for gymnastics. complished great things. Four Auburn oven. But no threats, no matter how In an age in which one in six girls are players earned All-America honors: of- real or how terrifying, could change obese and heart disease is the number fensive tackle Marcus McNeill, defen- Vel’s unshakeable commitment to one cause of death among American sive back Carlos Rogers, safety Junior making Milwaukee a more just city women, it is important that we encour- Rosegreen, and running back Carnell and to making the world a better place. age our girls to participate in athletics Williams. Two freshmen, Stanley Dr. Martin Luther King, Jr., said, and other physical activities. And the McClover and Quenton Groves, earned ‘‘We must be the drum majors for

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Service Medals and four Army Com- H.R. 315. An act to designate the United In 1971, Vel Phillips was appointed mendation Medals and recently, the States courthouse at 300 North Hogan Street, Wisconsin’s first African-American Legion of Merit. Jacksonville, Florida, as the ‘‘John Milton judge. In 1978, she again reached an- Earlier in his military judicial ca- Bryan Simpson United States Courthouse’’. other milestone with her election as reer, LTC Robey was deployed to Bos- H.R. 548. An act to designate the Federal secretary of state, first statewide office nia in support of Operation Joint En- building and United States courthouse lo- held by an African American. Now, at deavor as an International Law Officer. cated at 200 West 2nd Street in Dayton, Ohio, 81, Vel continues to make a difference Recently, he was a part of the U.S. as the ‘‘Tony Hall Federal Building and United States Courthouse’’. in Milwaukee, and it is a privilege to Army Special Operations Command call her a friend. and was deployed to Baghdad in sup- f Vel Phillips is a distinguished figure port of Operation Iraqi Freedom as a MEASURES REFERRED in the progress of the civil rights move- Civil Affairs Officer. The following bills were read the first ment in Wisconsin. Her life of firsts Lieutenant Colonel Robey currently and the second times by unanimous and steadfast determination to make a works in Fairfax County as a litigator. consent, and referred as indicated: difference is an inspiration to me and a He and his wife, Lisa, live in Reston. H.R. 315. An act to designate the United reminder of the need to advance and He has three sons, Brian, Kevin and States courthouse at 300 North Hogan Street, protect the civil rights of all Ameri- Matthew. Among his military peers, Jacksonville, Florida, as the ‘‘John Milton cans as we celebrate Black History the Lieutenant Colonel is regarded as a Bryan Simpson United States Courthouse’’; Month.∑ ‘‘legend’’ and surely will be missed in to the Committee on Environment and Pub- f his retirement from the service. Today, lic Works. I congratulate him on his outstanding H.R. 548. An act to designate the Federal RECOGNIZING ERIC A. ORSINI performance of meritorious service to building and United States courthouse lo- ∑ Mr. ALLEN. Mr. President, I’m ex- the Armed Forces of the United States cated at 200 West 2nd Street in Dayton, Ohio, as the ‘‘Tony Hall Federal Building and tremely proud to recognize a dedicated and wish him well in his future endeav- American who has retired after 64 United States Courthouse’’; to the Com- ors.∑ mittee on Environment and Public Works. years of service to the United States Army. This month, Mr. Eric A. Orsini f f of Stafford, VA, departed Government MESSAGE FROM THE PRESIDENT EXECUTIVE AND OTHER work at the age of 87. COMMUNICATIONS Mr. Orsini began his service to coun- A message from the President of the United States was communicated to The following communications were try as a private in the Army in 1941. laid before the Senate, together with During World War II, he was highly the Senate by Ms. Evans, one of his secretaries. accompanying papers, reports, and doc- decorated, earning the Bronze Star, the uments, and were referred as indicated: Silver Star and the Purple Heart in f EC–644. A communication from the Regula- combat which included fighting in the tion Coordinator, Centers for Beneficiary Battle of the Bulge. Upon retiring from EXECUTIVE MESSAGE REFERRED Choices, Department of Health and Human the military as a Colonel with 30 years As in executive session the Presiding Services, transmitting, pursuant to law, the of service, Mr. Orsini began working as Officer laid before the Senate a mes- report of a rule entitled ‘‘Medicare Program; a Senior Executive in the Department sage from the President of the United Medicare Prescription Drug Benefit’’ of the Army, where he would spend an States submitting nominations which (RIN0938–AN08) received on January 25, 2005; additional 34 years, specializing in im- to the Committee on Finance. was referred to the Committee on EC–645. A communication from the Regula- proving logistics support to our sol- Armed Services. tion Coordinator, Centers for Beneficiary diers. (The nomination received today is Choices, Department of Health and Human Today, I wish Mr. Orsini the best in printed at the end of the Senate pro- Services, transmitting, pursuant to law, the his well-deserved retirement. I’m ceedings.) report of a rule entitled ‘‘Medicare Program; pleased to hear that he will now finally Medicare Prescription Drug Benefit’’ have the opportunity to improve his f (RIN0938–AN08) received on January 25, 2005; golf game, go fishing more often and to the Committee on Finance. REPORT CONCERNING THE PLAN EC–646. A communication from the Federal spend more time with his family. FOR SECURING NUCLEAR WEAP- It is truly an honor to recognize a Register Certifying Officer, Financial Man- ONS, MATERIAL, AND EXPER- agement Service, Department of the Treas- fellow Virginian for his distinguished TISE OF THE STATES OF THE ury, transmitting, pursuant to law, the re- service as both a soldier and a govern- FORMER SOVIET UNION—PM 4 port of a rule entitled ‘‘Offset of Tax Refund ment civil servant. Mr. Orsini, your Payments to Collect States Income Tax Ob- country thanks you for your coura- The PRESIDING OFFICER laid be- ligations’’ (RIN1510–AA78) received on Janu- geous and meritorious work in the fore the Senate the following message ary 25, 2005; to the Committee on Finance. name of freedom.∑ from the President of the United EC–647. A communication from the Acting States, together with an accompanying Chief, Publications and Regulations Branch, f report; which was referred to the Com- Internal Revenue Service, Department of the RECOGNIZING LTC DANIEL L. mittee on Armed Services: Treasury, transmitting, pursuant to law, the ROBEY report of a rule entitled ‘‘Look Through Cer- To the Congress of the United States: tain Cases’’ (Rev. Rul. 5005–7) received on ∑ Mr. ALLEN. Mr. President, I am Consistent with section 1205 of the January 25, 2005; to the Committee on Fi- pleased today to recognize LTC Daniel National Defense Authorization Act for nance. Lance Robey for his military service Fiscal Year 2003 (Public Law 107–314), I EC–648. A communication from the Acting and leadership. LTC Robey recently re- am providing a report prepared by my Chief, Publications and Regulations Branch, tired after serving 19 years in the U.S. Administration on implementation Internal Revenue Service, Department of the Army Reserve as a Judge Advocate and during 2003 of the plan for securing nu- Treasury, transmitting, pursuant to law, the Civil Affairs Officer. report of a rule entitled ‘‘Life Insurance Con- clear weapons, material, and expertise tract Defined’’ (Rev. Rul. 2005–6) received on A Fairfax county native, Lieutenant of the states of the former Soviet January 25, 2005; to the Committee on Fi- Colonel Robey graduated from W.T. Union. nance. Woodson High School, received his B.A. GEORGE W. BUSH. EC–649. A communication from the Acting degree from Lebanon Valley College THE WHITE HOUSE, February 8, 2005. Chief, Publications and Regulations Branch,

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Internal Revenue Service, Department of the received February 2, 2005; to the Committee CHAFEE, Mr. CRAPO, Mr. THUNE, Mrs. Treasury, transmitting, pursuant to law, the on Environment and Public Works. HUTCHISON, Mrs. MURRAY, Mr. BINGA- report of a rule entitled ‘‘Bureau of Labor EC–659. A communication from the Prin- MAN, Mrs. LINCOLN, Mr. DORGAN, Mr. Statistics Price Indexes for Department cipal Deputy Associate Administrator, Office NELSON of Nebraska, Mr. JOHNSON, Stores—November 2004’’ (Rev. Rul. 2005–5) re- of Policy, Economics, and Innovation, Envi- Mr. PRYOR, Ms. LANDRIEU, and Mr. ceived January 25, 2005; to the Committee on ronmental Protection Agency, transmitting, HARKIN): Finance. pursuant to law, the report of a rule entitled S. 328. A bill to facilitate the sale of United EC–650. A communication from the Acting ‘‘Hazardous Waste Management System; States agricultural products to Cuba, as au- Chief, Publications and Regulations, Inter- Modification of the Hazardous Waste Mani- thorized by the Trade Sanctions Reform and nal Revenue Service, Department of the fest System’’ (FRL 7867–4) received February Export Enhancement Act of 2000; to the Treasury, transmitting, pursuant to law, the 2, 2005; to the Committee on Environment Committee on Foreign Relations. report of a rule entitled ‘‘Applicable Federal and Public Works. By Mr. ROCKEFELLER (for himself Rates—February 2005’’ (Rev. Rul. 2005–8) re- EC–660. A communication from the Prin- and Mr. LEAHY): ceived January 25, 2005; to the Committee on cipal Deputy Associate Administrator, Office S. 329. A bill to amend title 11, United Finance. of Policy, Economics, and Innovation, Envi- States Code, to increase the amount of unse- EC–651. A communication from the Deputy ronmental Protection Agency, transmitting, cured claims for salaries and wages given Assistant Attorney General, Office of Legal pursuant to law, the report of a rule entitled priority in bankruptcy, to provide for cash Policy, Office of the Attorney General, De- ‘‘National Emission Standards for Hazardous payments to retirees to compensate for lost partment of Justice, transmitting, pursuant Air Pollutants for Leather Finishing Oper- health insurance benefits resulting from the to law, the report of a rule entitled ‘‘DNA ations’’ (FRL 7869–7) received February 2, bankruptcy of their former employer, and for Sample Collection from Federal Offenders 2005; to the Committee on Environment and other purposes; to the Committee on the Ju- under the Justice for All Act of 2004’’ Public Works. diciary. (RIN1105–AB09) received February 1, 2005; to EC–661. A communication from the Prin- By Mr. ENSIGN (for himself, Mr. REID, the Committee on the Judiciary. cipal Deputy Associate Administrator, Office Mr. BURNS, Mrs. FEINSTEIN, Mr. NEL- EC–652. A communication from the Assist- of Policy, Economics, and Innovation, Envi- SON of Florida, Mr. CHAFEE, Mr. ant Chief, Regulations and Procedures Divi- ronmental Protection Agency, transmitting, SUNUNU, Mr. DURBIN, and Mr. DAY- sion, Alcohol and Tobacco Tax and Trade Bu- pursuant to law, the report of a rule entitled TON): reau, Department of the Treasury, transmit- ‘‘National Emission Standards for Hazardous ting, pursuant to law, the report of a rule en- S. 330. A bill to amend the Help America Air Pollutants for Petroleum Refineries: Vote Act of 2002 to require a voter-verified titled ‘‘Establishment of the McMinnville Catalytic Cracking Units, Catalytic Reform- Viticultural Area’’ (RIN1513–AA63) received permanent record or hardcopy under title III ing Units, and Sulfur Recovery Units’’ (FRL of such Act, and for other purposes; to the February 7, 2005; to the Committee on the 7969–9) received February 2, 2005; to the Com- Judiciary. Committee on Rules and Administration. mittee on Environment and Public Works. By Mr. JOHNSON (for himself, Mr. EC–653. A communication from the Chief, EC–662. A communication from the Prin- NELSON of Nebraska, and Mr. DUR- Regulations and Procedures Division, Alco- cipal Deputy Associate Administrator, Office BIN): hol and Tobacco Tax and Trade Bureau, De- of Policy, Economics, and Innovation, Envi- S. 331. A bill to amend title 38, United partment of the Treasury, transmitting, pur- ronmental Protection Agency, transmitting, States Code, to provide for an assured ade- suant to law, the report of a rule entitled pursuant to law, the report of a rule entitled quate level of funding for veterans health ‘‘Flavored Malt Beverages and Related Regu- ‘‘OMB Approvals Under the Paperwork Re- care; to the Committee on Veterans’ Affairs. latory Amendments’’ (RN1513–AA12) received duction Act; Amendment’’ (FRL 7869–5) re- By Mr. DOMENICI (for himself and Mr. on February 7, 2005; to the Committee on the ceived February 2, 2005; to the Committee on BINGAMAN): Judiciary. Environment and Public Works. EC–654. A communication from the Direc- EC–663. A communication from the Assist- S. 332. A bill to prohibit the retirement of tor, Office of Congressional Affairs, Nuclear ant Legal Advisor for Treaty Affairs, Depart- F-117 Nighthawk stealth attack aircraft dur- Regulatory Commission, transmitting, pur- ment of State, transmitting, pursuant to ing fiscal year 2006; to the Committee on suant to law, the report of a rule entitled law, the report of the texts and background Armed Services. ‘‘Final Amendments to 10 CFR Part 50, Ap- statements of international agreements, By Mr. SANTORUM: pendix E Relating to (1) Nuclear Regulatory other than treaties; to the Committee on S. 333. A bill to hold the current regime in Commission Review of Changes to Emer- Foreign Relations. Iran accountable for its threatening behavior gency Action Levels, Paragraph IV.B. and (2) and to support a transition to democracy in Exercise Requirements for Co-Located Li- f Iran; to the Committee on Foreign Rela- censees, Paragraph IV.F.2.’’ (RIN3150–AH00) INTRODUCTION OF BILLS AND tions. received on January 25, 2005; to the Com- JOINT RESOLUTIONS By Mr. DORGAN (for himself, Ms. mittee on Environment and Public Works. SNOWE, Mr. GRASSLEY, Mr. KENNEDY, EC–655. A communication from the Acting The following bills and joint resolu- Mr. MCCAIN, Ms. STABENOW, Mr. Assistant Administrator, Office of Adminis- tions were introduced, read the first CHAFEE, Mr. JEFFORDS, Mr. LOTT, Mr. tration and Resources Management, Envi- and second times by unanimous con- DAYTON, Mrs. CLINTON, Mr. BINGA- ronmental Protection Agency, transmitting, sent, and referred as indicated: MAN, Mrs. BOXER, Mr. CONRAD, Mr. pursuant to law, the Agency’s 2004 Competi- DURBIN, Mr. FEINGOLD, Mrs. FEIN- By Mr. AKAKA (for himself, Mr. BINGA- tive Sourcing Report; to the Committee on STEIN, Mr. INOUYE, Mr. JOHNSON, Mr. MAN, Mr. SARBANES, Mr. DAYTON, and Environment and Public Works. KOHL, Mr. LEAHY, Mr. LEVIN, Mr. EC–656. A communication from the Prin- Mr. DURBIN): NELSON of Florida, Mr. OBAMA, Mr. cipal Deputy Associate Administrator, Office S. 324. A bill to provide additional protec- PRYOR, Mr. SALAZAR, Mr. SARBANES, of Policy, Economics, and Innovation, Envi- tions for recipients of the earned income tax Mr. SCHUMER, and Ms. COLLINS): ronmental Protection Agency, transmitting, credit; to the Committee on Finance. pursuant to law, the report of a rule entitled By Mr. LEVIN (for himself and Ms. S. 334. A bill to amend the Federal Food, ‘‘Approval and Promulgation of Air Quality COLLINS): Drug, and Cosmetic Act with respect to the Implementation Plans; Maine; Portable Fuel S. 325. A bill to amend title 23, United importation of prescription drugs, and for Containers’’ (FRL 7863–2) received February States Code, to establish programs to facili- other purposes; to the Committee on Health, 2, 2005; to the Committee on Environment tate international and interstate trade; to Education, Labor, and Pensions. and Public Works. the Committee on Environment and Public By Mr. LIEBERMAN (for himself, Ms. EC–657. A communication from the Prin- Works. COLLINS, and Mr. CRAIG): cipal Deputy Associate Administrator, Office By Mr. SMITH (for himself, Ms. CANT- S. 335. A bill to reauthorize the Congres- of Policy, Economics, and Innovation, Envi- WELL, Mrs. FEINSTEIN, and Mrs. MUR- sional Award Act; to the Committee on ronmental Protection Agency, transmitting, RAY): Homeland Security and Governmental Af- pursuant to law, the report of a rule entitled S. 326. A bill to reauthorize and revise the fairs. ‘‘Approval and Promulgation of Implementa- Renewable Energy Production Incentive pro- By Mr. SARBANES (for himself, Mr. tion Plans for Florida: Citrus Juice Proc- gram, and for other purposes; to the Com- WARNER, Mr. ALLEN, and Ms. MIKUL- essing’’ (FRL 7869–2) received February 2, mittee on Energy and Natural Resources. SKI): 2005; to the Committee on Environment and By Mr. SANTORUM (for himself and S. 336. A bill to direct the Secretary of the Public Works. Mrs. LINCOLN): Interior to carry out a study of the feasi- EC–658. A communication from the Prin- S. 327. A bill to amend the Internal Rev- bility of designating the Captain John Smith cipal Deputy Associate Administrator, Office enue Code of 1986 to expand the tip credit to Chesapeake National Historic Watertrail as of Policy, Economics, and Innovation, Envi- certain employers and to promote tax com- a national historic trail; to the Committee ronmental Protection Agency, transmitting, pliance; to the Committee on Finance. on Energy and Natural Resources. pursuant to law, the report of a rule entitled By Mr. CRAIG (for himself, Mr. BAU- By Mr. GRAHAM (for himself, Mrs. ‘‘Approval and Promulgation of Implementa- CUS, Mr. ROBERTS, Mr. LUGAR, Mr. CLINTON, Mr. DEWINE, Mr. LEAHY, Mr. tion Plans; State of Missouri’’ (FRL 7867–2) HAGEL, Mr. TALENT, Mr. ENZI, Mr. ALLEN, Ms. CANTWELL, and Mr. REID):

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1199 S. 337. A bill to amend title 10, United as a cosponsor of S. 185, a bill to amend of S. 317, a bill to protect privacy by States Code, to revise the age and service re- title 10, United States Code, to repeal limiting the access of the Government quirements for eligibility to receive retired the requirement for the reduction of to library, bookseller, and other per- pay for non-regular service, to expand cer- certain Survivor Benefit Plan annu- sonal records for foreign intelligence tain authorities to provide health care benefits for Reserves and their families, and for ities by the amount of dependency and and counterintelligence purposes. other purposes; to the Committee on Armed indemnity compensation and to modify S. RES. 8 Services. the effective date for paid-up coverage At the request of Ms. COLLINS, the By Mr. SMITH (for himself, Mr. BINGA- under the Survivor Benefit Plan. name of the Senator from Illinois (Mr. MAN, Ms. SNOWE, Mr. JEFFORDS, Mr. S. 193 DURBIN) was added as a cosponsor of S. SANTORUM, Mr. KERRY, Mr. DEWINE, At the request of Mr. BROWNBACK, the Res. 8, a resolution expressing the Mr. DURBIN, Mr. CHAFEE, Mrs. LIN- name of the Senator from Oklahoma sense of the Senate regarding the max- COLN, Ms. COLLINS, Mr. NELSON of Ne- imum amount of a Federal Pell Grant. braska, Mr . VOINOVICH, Mr. CORZINE, (Mr. COBURN) was added as a cosponsor S. RES. 37 and Mr. COLEMAN): of S. 193, a bill to increase the penalties S. 338. A bill to provide for the establish- for violations by television and radio At the request of Mrs. MURRAY, the ment of a Bipartisan Commission on Med- broadcasters of the prohibitions name of the Senator from Illinois (Mr. icaid; to the Committee on Finance. against transmission of obscene, inde- DURBIN) was added as a cosponsor of S. By Mr. REID (for himself, Mr. BAUCUS, cent, and profane language. Res. 37, a resolution designating the Mr. STEVENS, Mr. NELSON of Ne- S. 217 week of February 7 through February braska, and Mr. ENSIGN): 11, 2005, as ‘‘National School Coun- At the request of Mr. BINGAMAN, the S. 339. A bill to reaffirm the authority of seling Week’’. States to regulate certain hunting and fish- name of the Senator from Arkansas S. RES. 40 ing activities; to the Committee on the Judi- (Mrs. LINCOLN) was added as a cospon- ciary. sor of S. 217, a bill to amend title 49, At the request of Ms. LANDRIEU, the By Mr. LUGAR: United States Code, to preserve the es- name of the Senator from Connecticut S. 340. A bill to maintain the free flow of sential air service program. (Mr. LIEBERMAN) was added as a co- information to the public by providing condi- sponsor of S. Res. 40, a resolution sup- tions for the federally compelled disclosure S. 241 porting the goals and ideas of National of information by certain persons connected At the request of Ms. SNOWE, the Time Out Day to promote the adoption with the news media; to the Committee on names of the Senator from New Jersey of the Joint Commission on Accredita- the Judiciary. (Mr. CORZINE) and the Senator from tion of Healthcare Organizations’ uni- f Connecticut (Mr. DODD) were added as versal protocol for preventing errors in ADDITIONAL COSPONSORS cosponsors of S. 241, a bill to amend the operating room. section 254 of the Communications Act AMENDMENT NO. 2 S. 5 of 1934 to provide that funds received as At the request of Mr. KENNEDY, the At the request of Mr. ALLEN, his universal service contributions and the name of the Senator from New Jersey name was added as a cosponsor of S. 5, universal service support programs es- (Mr. LAUTENBERG) was added as a co- a bill to amend the procedures that tablished pursuant to that section are sponsor of amendment No. 2 proposed apply to consideration of interstate not subject to certain provisions of to S. 5, a bill to amend the procedures class actions to assure fairer outcomes title 31, United States Code, commonly that apply to consideration of inter- for class members and defendants, and known as the Antideficiency Act. state class actions to assure fairer out- for other purposes. S. 249 comes for class members and defend- S. 33 At the request of Mr. REID, the name ants, and for other purposes. At the request of Ms. CANTWELL, the of the Senator from Utah (Mr. HATCH) f name of the Senator from Minnesota was added as a cosponsor of S. 249, a (Mr. DAYTON) was added as a cosponsor bill to establish the Great Basin Na- STATEMENTS ON INTRODUCED of S. 33, a bill to prohibit energy mar- tional Heritage Route in the States of BILLS AND JOINT RESOLUTIONS ket manipulation. Nevada and Utah. By Mr. AKAKA (for himself, Mr. S. 98 S. 263 BINGAMAN, Mr. SARBANES, Mr. At the request of Mr. ALLARD, the At the request of Mr. AKAKA, the DAYTON, and Mr. DURBIN): name of the Senator from New Mexico names of the Senator from Kentucky S. 324. A bill to provide additional (Mr. BINGAMAN) was added as a cospon- (Mr. BUNNING) and the Senator from protections for recipients of the earned sor of S. 98, a bill to amend the Bank Oregon (Mr. WYDEN) were added as co- income tax credit; to the Committee Holding Company Act of 1956 and the sponsors of S. 263, a bill to provide for on Finance. Revised Statutes of the United States the protection of paleontological re- Mr. AKAKA. Mr. President, I rise to to prohibit financial holding companies sources on Federal lands, and for other introduce the Taxpayer Abuse Preven- and national banks from engaging, di- purposes. tion Act. Earned income tax credit, EITC, benefits intended for working rectly or indirectly, in real estate bro- S. 285 families are significantly reduced by kerage or real estate management ac- At the request of Mr. BOND, the name the use of refund anticipation loans, tivities, and for other purposes. of the Senator from Virginia (Mr. WAR- RALs, which typically carry triple S. 103 NER) was added as a cosponsor of S. 285, digit interest rates. At the request of Mrs. FEINSTEIN, the a bill to reauthorize the Children’s According to the Brookings Institu- name of the Senator from Wisconsin Hospitals Graduate Medical Education tion, an estimated $1.9 billion intended (Mr. KOHL) was added as a cosponsor of Program. to assist low-income families was re- S. 103, a bill to respond to the illegal S. 291 ceived by commercial tax preparers production, distribution, and use of At the request of Mr. ENSIGN, the and affiliated national banks to pay for methamphetamine in the United name of the Senator from Oklahoma tax assistance, electronic filing of re- States, and for other purposes. (Mr. COBURN) was added as a cosponsor turns, and high-cost refund loans in S. 119 of S. 291, a bill to require the with- 2002. Fifty-seven percent of consumers At the request of Mrs. FEINSTEIN, the holding of United States contributions who received RALs in 2003 earned the name of the Senator from Hawaii (Mr. to the United Nations until the Presi- EITC. The Children’s Defense Fund re- AKAKA) was added as a cosponsor of S. dent certifies that the United Nations cently conducted a review of EITC re- 119, a bill to provide for the protection is cooperating in the investigation of funds in eight states and the District of of unaccompanied alien children, and the United Nations Oil-for-Food Pro- Columbia. In Texas, it is estimated for other purposes. gram. that EITC families lost an estimated S. 185 S. 317 $251 million in tax preparation fees and At the request of Mr. NELSON of Flor- At the request of Mr. FEINGOLD, the high interest loans. EITC families had ida, the name of the Senator from name of the Senator from Vermont an estimated $82.6 million diverted to South Dakota (Mr. JOHNSON) was added (Mr. LEAHY) was added as a cosponsor tax preparers in Ohio.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1200 CONGRESSIONAL RECORD — SENATE February 9, 2005 The interest rates and fees charged anticipation loan pricing.’’ Although S. 324 on RALs are not justified because of RAL prices were expected to go down Be it enacted by the Senate and House of Rep- the short length of time that these as a result of the reinstatement of the resentatives of the United States of America in loans are outstanding and the minimal DI, this has not occurred. Use of the Congress assembled, risk they present. These loans carry Debt Indicator should once again be SECTION 1. SHORT TITLE. little risk because of the Debt Indi- stopped. The DI is helping tax pre- This Act may be cited as the ‘‘Taxpayer cator program. parers make excessive profits from Abuse Prevention Act’’. The Debt Indicator, DI, is a service low- and moderate-income taxpayers SEC. 2. PREVENTION OF DIVERSION OF EARNED provided by the Internal Revenue Serv- who utilize RALs. The IRS should not INCOME TAX CREDIT BENEFITS. ice, IRS, that informs the lender be aiding efforts that take the earned (a) IN GENERAL.—Section 32 of the Internal Revenue Code of 1986 (relating to earned in- whether or not an applicant owes Fed- benefit away from low-income families come tax credit) is amended by adding at the eral or state taxes, child support, stu- and allow unscrupulous preparers to end the following new subsection: dent loans, or other Government obli- take advantage of low-income tax- ‘‘(n) PREVENTION OF DIVERSION OF CREDIT gations, which assists the tax preparer payers. My bill terminates the DI pro- BENEFITS.—The right of any individual to in ascertaining the applicant’s ability gram. In addition, this bill removes the any future payment of the credit under this to obtain their full refund so that the incentive to meet congressionally man- section shall not be transferable or assign- RAL is repaid. The Department of the dated electronic filing goals by facili- able, at law or in equity, and such right or Treasury should not be facilitating tating the exploitation of taxpayers. any moneys paid or payable under this section shall not be subject to any execution, these predatory loans that allow tax My bill would exclude any electroni- levy, attachment, garnishment, offset, or preparers to reap outrageous profits by cally filed tax returns resulting in tax other legal process except for any out- exploiting working families. refunds distributed by refund anticipa- standing Federal obligation. Any waiver of Unfortunately too many working tion loans from being counted towards the protections of this subsection shall be families are susceptible to predatory the goal established by the IRS Re- deemed null, void, and of no effect.’’. lending because they are left out of the structuring and Reform Act of 1998, (b) EFFECTIVE DATE.—The amendment financial mainstream. Between 25 and which is to have at least 80 percent of made by this section shall take effect on the 56 million adults are unbanked, or not all returns filed electronically by 2007. date of the enactment of this Act. using mainstream, insured financial in- Mr. President, my bill also expands SEC. 3. PROHIBITION ON DEBT COLLECTION OFF- stitutions. The unbanked rely on alter- access to mainstream financial serv- SET. ices. Electronic Transfer Accounts, (a) IN GENERAL.—No person shall, directly native financial service providers to or indirectly, individually or in conjunction obtain cash from checks, pay bills, ETA, are low-cost accounts at banks or in cooperation with another person, en- send remittances, utilize payday loans, and credit unions intended for recipi- gage in the collection of an outstanding or and obtain credit. Many of the ents of certain Federal benefit pay- delinquent debt for any creditor or assignee unbanked are low- and moderate-in- ments. Currently, ETAs are provided by means of soliciting the execution of, proc- come families that can ill afford to for recipients of other Federal benefits essing, receiving, or accepting an application have their earnings unnecessarily di- such as Social Security payments. My or agreement for a refund anticipation loan minished by their reliance on these bill expands the eligibility for ETAs to or refund anticipation check that contains a include EITC benefits. These accounts provision permitting the creditor to repay, high-cost and often predatory financial by offset or other means, an outstanding or services. In addition, the unbanked are will allow taxpayers to receive direct deposit refunds into an account with- delinquent debt for that creditor from the unable to save securely to prepare for proceeds of the debtor’s Federal tax refund. out the need for a refund anticipation the loss of a job, a family illness, a (b) REFUND ANTICIPATION LOAN.—For pur- down payment on a first home, or edu- loan. poses of subsection (a), the term ‘‘refund an- cation expenses. Furthermore, my bill would mandate ticipation loan’’ means a loan of money or of My bill will protect consumers that low- and moderate-income tax- any other thing of value to a taxpayer be- against predatory loans, reduce the in- payers be provided opportunities to cause of the taxpayer’s anticipated receipt of volvement of the Department of the open low-cost accounts at federally in- a Federal tax refund. (c) EFFECTIVE DATE.—This section shall Treasury in facilitating the exploi- sured banks or credit unions via appropriate tax forms. Providing taxpayers take effect on the date of the enactment of tation of taxpayers, and expand access with the option of opening a bank or this Act. to opportunities for saving and lending credit union account through the use SEC. 4. PROHIBITION OF MANDATORY ARBITRA- at mainstream financial services. TION. My bill prohibits refund anticipation of tax forms provides an alternative to RALs and immediate access to finan- (a) IN GENERAL.—Any person that provides loans that utilize EITC benefits. Other a loan to a taxpayer that is linked to or in cial opportunities found at banks and Federal benefits, such as Social Secu- anticipation of a Federal tax refund for the credit unions. taxpayer may not include mandatory arbi- rity, have similar restrictions to en- I thank my colleagues, Senators sure that the beneficiaries receive the tration of disputes as a condition for pro- BINGAMAN, SARBANES, DAYTON, and intended benefit. viding such a loan. DURBIN for cosponsoring this legisla- (b) EFFECTIVE DATE.—This section shall My bill also limits several of the ob- tion. I also thank Representative JAN apply to loans made after the date of the en- jectionable practices of RAL providers. SCHAKOWSKY for introducing the com- actment of this Act. It will prohibit lenders from using tax panion legislation in the other body. SEC. 5. TERMINATION OF DEBT INDICATOR PRO- refunds to collect outstanding obliga- I ask unanimous consent that the GRAM. tions for previous RALs. In addition, text of the Taxpayer Abuse Prevention The Secretary of the Treasury shall termi- mandatory arbitration clauses for Act, support letters and an accom- nate the Debt Indicator program announced RALs that utilize Federal tax refunds panying fact sheet from the Associa- in Internal Revenue Service Notice 99–58. would be prohibited to ensure that con- tion of Community Organizations for SEC. 6. DETERMINATION OF ELECTRONIC FILING sumers have the ability to take future Reform, the Children’s Defense Fund, GOALS. (a) IN GENERAL.—Any electronically filed legal action if necessary. the Consumer Federation of America, I am deeply troubled that the Depart- Federal tax returns, that result in Federal Consumers Union, the National Con- tax refunds that are distributed by refund ment of the Treasury plays such a sumer Law Center, the Center for Re- anticipation loans, shall not be taken into prominent role in the facilitation and sponsible Lending, and the text of the account in determining if the goals required subsequent promotion of refund antici- national summary of the refund antici- under section 2001(a)(2) of the Restructuring pation loans. In 1995, the use of the DI pation studies done by the Children’s and Reform Act of 1998 that the Internal was suspended because of massive fraud Defense Fund be printed in the RECORD. Revenue Service have at least 80 percent of in e-filed returns with RALs. After the I urge my colleagues to support this all such returns filed electronically by 2007 program was discontinued, RAL par- important legislation that will restrict are achieved. ticipation declined. The use of the DI predatory RALs and expand access to (b) REFUND ANTICIPATION LOAN.—For pur- mainstream financial services. poses of subsection (a), the term ‘‘refund an- was reinstated in 1999, according to ticipation loan’’ means a loan of money or of H&R Block, to ‘‘assist with screening There being no objection, the bill was any other thing of value to a taxpayer be- for electronic filing fraud and is also ordered to be printed in the RECORD, as cause of the taxpayer’s anticipated receipt of expected to substantially reduce refund follows: a Federal tax refund.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1201 SEC. 7. EXPANSION OF ELIGIBILITY FOR ELEC- low-income clients), write to support your application/administrative fees, plus these TRONIC TRANSFER ACCOUNTS. bill, the ‘‘Taxpayer Abuse Prevention Act.’’ EITC recipients paid nearly an estimated $1 (a) IN GENERAL.—The last sentence of sec- By prohibiting lenders from making loans billion in tax preparation and check cashing tion 3332(j) of title 31, United States Code, is against the Earned Income Tax Credit, this fees. amended by inserting ‘‘other than any pay- bill would greatly reduce the scope of abuses What are some of the problems with RALs? ment under section 32 of such Code’’ after caused by refund anticipation loans (RALs), RALs drain hundreds of millions in EITC ‘‘1986’’. which carry effective annualized interest benefits, and diminish the EITC’s poverty- (b) EFFECTIVE DATE.—The amendment rates of about 40% to over 700%. fighting power. made by this section shall apply to payments According to IRS data, 57% of consumers The Taxpayer Abuse Prevention Act pro- made after the date of the enactment of this who received RALs in 2003 were beneficiaries hibits RALs made against EITC funds. RAL Act. of the Earned Income Tax Credit. These contracts permit a lender to grab a taxpayer’ SEC. 8. PROGRAM TO ENCOURAGE THE USE OF EITC recipients paid about $740 million in refund to repay any outstanding RAL debt, THE ADVANCE EARNED INCOME TAX loan and ‘‘administrative’’ fees for RALs. even if the debt was to another lender. CREDIT. These fees divert hundreds of millions of The Taxpayer Abuse Prevention Act pro- (a) IN GENERAL.—Not later than 6 months EITC dollars, paid out of the U.S. Treasury, hibits debt collection from a taxpayer’s re- after the date of the enactment of this Act, into the coffers of multimillion dollar com- fund. RAL contracts contain anti-consumer the Secretary of the Treasury shall, after mercial preparation chains and big banks. mandatory arbitration clauses that deprive consultation with such private, nonprofit, It’s time to stop lenders from making high taxpayers of their day in court if they have and governmental entities as the Secretary cost, abusive loans using the precious dollars a problem with their RALs. determines appropriate, develop and imple- intended to support working poor families. The Taxpayer Abuse Prevention Act pro- ment a program to encourage the greater Furthermore, we support the ‘‘Taxpayer hibits mandatory arbitration clauses in RAL utilization of the advance earned income tax Abuse Prevention Act’’ for its provisions contracts. The IRS helps increase profits for credit. that halt several of the most egregious prac- RAL lenders by sharing taxpayer’s personal (b) REPORTS.—Not later than the date of tices of RAL lenders, such as seizing tax- financial information in the form of the Debt the implementation of the program de- payers’ tax refunds as a form of debt collec- Indicator, which tells tax preparers and RAL scribed in subsection (a), and annually there- tion and slipping in mandatory arbitration lenders when a tax refund offset exists. after, the Secretary of the Treasury shall re- clauses, which leave RAL consumers without The Taxpayer Abuse Prevention Act termi- port to the Committee on Finance of the their day in court. Moreover, we appreciate nates the Debt Indicator program, ensuring Senate and the Committee on Ways and the termination of the IRS Debt Indicator that IRS resources are not used to help the Means of the House of Representatives on program, which would stop the IRS’s prac- bottom line of RAL lenders. the elements of such program and progress tice of sharing taxpayer’s personal financial Isn’t this denying EITC taxpayers an option to achieved under such program. information in order to make RALs more get their refund money at tax time? (c) AUTHORIZATION OF APPROPRIATIONS.— profitable for lenders. Finally, we applaud RALs cost an enormous amount for what is There is authorized to be appropriated such the provisions of the bill that support link- essentially a loan of less than two weeks, sums as are necessary to carry out the pro- ing unbanked taxpayers with bank accounts, draining billions for a mostly useless prod- gram described in this section. Any sums so such as the provision to permit them to open uct. Because they are such short term loans, appropriated shall remain available until ex- Electronic Transaction Accounts to receive the RAL loan fee translates into effective pended. federal tax refunds. annualized interest rates of about 40% to SEC. 9. PROGRAM TO LINK TAXPAYERS WITH DI- Thank you again for all your efforts to over 700%, or 70% to over 1700% if adminis- RECT DEPOSIT ACCOUNTS AT FED- combat taxpayer abuse by the RAL industry. trative fees are included. If the taxpayer’s ERALLY INSURED DEPOSITORY IN- Sincerely, refund is reduced or denied by the IRS, the STITUTIONS. Maude Hurd, National President Associa- taxpayer is on the hook to repay the loan— (a) ESTABLISHMENT OF PROGRAM.—Not later tion of Community Organizations for a tough task for the low-income taxpayers than 1 year after the date of the enactment Reform Now; Jean Ann Fox, Director of who mostly get RALs. of this Act, the Secretary of the Treasury Consumer Protection, Consumer Fed- The EITC is money paid out of the federal shall enter into cooperative agreements with eration of America; Chi Chi Wu, Staff Treasury to make sure working families are federally insured depository institutions to Attorney, National Consumer Law Cen- lifted out of poverty. Other similar govern- provide low- and moderate-income taxpayers ter; Deborah Cutler-Ortiz, Director of ment programs have longstanding similar with the option of establishing low-cost di- Family Income, Children’s Defense prohibitions against making a loan against rect deposit accounts through the use of ap- Fund; Susanna Montezemolo, Legisla- those benefits. For example, the Social Secu- propriate tax forms. tive Representative, Consumers Union; rity Act, 42 U.S.C. 407(a), prohibits lenders (b) FEDERALLY INSURED DEPOSITORY INSTI- Yolanda McGill, Senior Policy Counsel, from seizing, garnishing, attaching, taking TUTION.—For purposes of this section, the Center for Responsible Lending. an assignment in or securing a loan against term ‘‘federally insured depository institu- Social Security benefits. The Taxpayer tion’’ means any insured depository institu- HOW THE TAXPAYER ABUSE PREVENTION ACT Abuse Prevention Act prohibition’s against tion (as defined in section 3 of the Federal ADDRESSES THE WORST ASPECT OF REFUND RALs secured by the EITC was modeled on Deposit Insurance Act (12 U.S.C. 1813)) and ANTICIPATION LOANS this provision of the Social Security Act, any insured credit union (as defined in sec- What are Refund Anticipation Loans (RALs)? with the addition of a prohibition against tion 101 of the Federal Credit Union Act (12 offsets of EITC benefits. U.S.C. 1752)). Refund anticipation loans (RALs) are high (c) OPERATION OF PROGRAM.—In providing cost short-term loans secured by taxpayers’ CHILDREN’S DEFENSE FUND, for the operation of the program described in expected tax refunds. To get a RAL, con- Washington, DC, February, 2005. subsection (a), the Secretary of the Treasury sumers pay: A loan fee to the lender, ranging from KEEPING WHAT THEY’VE EARNED: WORKING is authorized— FAMILIES AND TAX CREDITS (1) to consult with such private and non- about $30 to $115 in 2005. A fee for commercial tax preparation, typi- As the height of tax-filing season ap- profit organizations and Federal, State, and proaches, Americans are being bombarded local agencies as determined appropriate by cally around $120; In some cases, a fee to the commercial pre- with advertisements from commercial tax the Secretary, and parer to process the RAL, sometimes called preparers on high-cost options for getting (2) to promulgate such regulations as nec- a ‘‘administrative’’, ‘‘application’’, or ‘‘docu- their taxes prepared. Many of these commer- essary to administer such program. ment preparation’’ fee, around $30; cial tax preparers focus on low-income (d) AUTHORIZATION OF APPROPRIATIONS.— Who gets RALs? neighborhoods and lure their clients with the There is authorized to be appropriated such promise of ‘‘Fast Money,’’ Money Now’’ or sums as are necessary to carry out the pro- Over 12 million taxpayers got RALs in 2003, ‘‘Rapid Refunds.’’ gram described in this section. Any sums so according to the latest available data from Two out of every three people nationwide appropriated shall remain available until ex- IRS, costing taxpayers an estimated $1.4 bil- who claim the Earned Income Tax Credit pended. lion dollars. Nearly 80% of these taxpayers (EITC) use commercial tax preparers to pre- are low-income, making less than $35,000 per pare their returns. These low-income fami- NATIONAL CONSUMER LAW CENTER INC, year. Over half taxpayers who get RALs relies end up paying high preparation fees and Boston, MA, February 7, 2005. ceive the Earned Income Tax Credit (EITC). many of them take out high-interest loans Hon. DANIEL K. AKAKA, The EITC is a tax benefit for working people against their expected refund. Unfortu- U.S. Senate, who earn low or moderate incomes. It re- nately, many of these low- to moderate-in- Washington, DC. duces the tax burden on these working fami- come working Americans are unaware of DEAR SENATOR AKAKA: The Association of lies, boosting millions of households out of other options—including free tax preparation Community Organizations for Reform Now poverty. EITC recipients are disproportion- through Volunteer Income Tax Assistance (ACORN), Center for Responsible Lending, ately represented in the ranks of those who sites. Children’s Defense Fund, Consumer Federa- get RALs, since these taxpayers make up Enacted in 1975, the EITC is our nation’s tion of America, Consumers Union, and Na- just 17% of the taxpayer population. RALs largest and most effective anti-poverty pro- tional Consumer Law Center (on behalf of its cost EITC recipients $740 million in loan and gram, generating billions of dollars to help

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1202 CONGRESSIONAL RECORD — SENATE February 9, 2005 families meet their most basic needs. Re- own taxes, without having to pay for profes- and assist families that may otherwise, fall search shows families use their refunds to sional assistance. Federal and state laws, es- prey to these unconscionable sales tactics pay bills such as utilities and rent, to pur- pecially those that govern working families can make a difference in the lives of the chase basic household commodities and income taxes, need to be simplified and fed- working poor. clothing, to cover the costs of tuition, and eral and state tax credit programs need to be some even reserve parts of their EITC for coordinated. By Mr. SANTORUM (for himself savings. In sum, EITC helps low- to mod- 2. Ensure that free tax assistance for EITC and Mrs. LINCOLN): erate-income families make ends meet while families is available, accessible and well- stimulating the local economy. publicized. Very few people know that free S. 327. A bill to amend the Internal THE FULL VALUE OF THE PROGRAM IS NOT tax assistance for low-income families is Revenue Code of 1986 to expand the tip REACHING WORKING FAMILIES available at Volunteer Income Tax Assist- credit to certain employers and to pro- Unfortunately, low-income taxpayers lost ance sites, Tax Counseling for the Elderly, mote tax compliance; to the Com- over $690 million in loan charges in 2003 and AARP and other free tax preparation sites in mittee on Finance. a total of $2.3 billion if the cost of commer- many communities, but very few people know this. The community groups and non- Mr. SANTORUM. Mr. President, I cial tax preparation is included. These costs would like to introduce, along with my can include tax preparation, documentation profit organizations that operate many of preparation or application handling fees, these sites need help. Different levels of gov- colleague, Senator LINCOLN of Arkan- electronic filing fees and a Refund Anticipa- ernment, employers, foundations, churches sas, the Small Business Tax Equali- tion Loan (RALs). The RALs are loans se- and other community groups can all provide zation and Compliance Act of 2005, cured by tax-payer’s tax refund, including financial assistance, make site locations which would amend the tax code to ex- the EITC. available, donate computers for electronic pand the tip credit to certain employ- filing, help recruit volunteers and conduct In middle and upper income communities, ers and to promote tax compliance. consumers have access to loans and credit outreach with potential EITC families. EITC cards at competitive rates, and branch of- families should also be made aware that This bill addresses an unfair aspect of fices of mainstream banks and savings and there are free or low-cost tax filing websites our current tax code that adversely af- loans offer a full array of banking services. available that they can access through the fects tens of thousands of small busi- Low-income consumers are forced to patron- IRS and other websites. nesses across the country. Under cur- ize fringe financial service providers that 3. Strengthen consumer protection and education. There is little regulation of tax rent law, certain small business owners charge exorbitant rates for personal loans are required to pay Social Security and and limited banking services. preparers even though they are entrusted with personal information and expected to Medicare (FICA) taxes on tips their RALS TARGET HIGH POVERTY AREAS stay abreast of many complex tax laws. The employees earn, despite having no con- Recent research has shown that low-in- federal and state governments could do more trol over or share of the tip earnings. come taxpayers who claim the EITC rep- to regulate and monitor the practices of paid This legislation will allow these small resent the majority of the marketplace for preparers as well as the national banks with business owners to claim a tax credit RALs. The product’s popularity varies sub- which they partner to offer RALs. Families against their income taxes for their stantially across the U.S., but the most re- need to understand what they can expect of cent Internal Revenue Service figures indi- their tax preparer, as well as the drawbacks share of the FICA tax paid on their em- cate that 79 percent of RAL recipients in 2003 and hidden costs of RALs. On the federal ployees’ tips. The Small Business Tax had adjusted gross incomes of $35,000 or less. level, the Taxpayer Abuse Prevention Act Equalization and Compliance Act Minority consumers are heavier RAL users. (TAPA) legislation introduced by Senators would place cosmetology service own- Twenty-eight percent of African Americans Akaka (D-HI) and Bingaman (D-NM) and ers on equal footing with other simi- and 21 percent of Latino taxpayers told sur- Representative Schakowsky (DIL) would larly tip-intensive businesses such as veyors they received RALs compared with 17 prohibit the use of RALs against the EITC. the restaurant and food delivery indus- percent of White consumers. 4. Connect more low-income families with tries that already benefit from a simi- The Children’s Defense Fund’s review of fmancial institutions and increase their fi- eight states and the District of Columbia re- nancial literacy. Having a tax refund elec- lar tax credit. veals that almost $960 million dollars has tronically deposited directly into a bank ac- I ask unanimous consent that the been siphoned away from low-income tax count speeds up the turnaround time signifi- text of the bill be printed in the payers in these states, because of tax prepa- cantly, but one out of four families with in- RECORD, and am hopeful my colleagues ration and high interest loan fees. comes less than $25,000 does not have a bank will join me in support of this legisla- California lost an estimated $236.5 million. account. Recent efforts to partner free tax tion. Minnesota lost and estimated 5.1 million. assistance with financial institutions have Mississippi lost an estimated $54 million. been successful. There being no objection, the bill was New York lost an estimated $182 million. CHILDREN NEED ADEQUATE FAMILY INCOME IF ordered to be printed in the RECORD, as Ohio lost an estimated $82.6 million. follows: South Carolina lost an estimated $57 mil- THEY ARE TO MEET THEIR MOST BASIC NEEDS, lion. FROM DIAPERS TO DOCTORS TO HEALTHY FOOD S. 327 Tennessee lost an estimated $57 million. AND SAFE HOUSING Texas lost an estimated $251 million. Whether a child will flounder or flourish Be it enacted by the Senate and House of Rep- Washington D.C. lost an estimated $5.8 can hinge on things that money buys: good resentatives of the United States of America in million. quality child care, eyeglasses to read the Congress assembled, THE APPEAL OF RALS AND WHAT TAXPAYERS chalkboard, a little league fee, a musical in- SECTION 1. SHORT TITLE. AREN’T TOLD strument, or simply the peace of mind that This Act may be cited as the ‘‘Small Busi- lets parents create a warm and nurturing Many low-income families may feel they ness Tax Equalization and Compliance Act of family life free from worries about eviction have little choice but to take out a RAL. 2005’’. or hunger. First, many are unlikely to have $100 on Yet almost 13 million children are poor and SEC. 2. EXPANSION OF CREDIT FOR PORTION OF hand to pay for tax preparation fees. In set- millions more live in struggling families SOCIAL SECURITY TAXES PAID WITH ting up the loan, the commercial tax pre- with incomes just above the official poverty RESPECT TO EMPLOYEE TIPS. parers deduct these fees first, relieving the line. Giving children economic security (a) EXPANSION OF CREDIT TO OTHER LINES families from the need to find alternative re- means providing stronger tax credits for low- OF BUSINESS.—Paragraph (2) of section 45B(b) sources. Second, and probably more signifi- paid working families and a more reliable of the Internal Revenue Code of 1986 is cantly, RALs enable families to access the safety net when jobs fall short. It also means amended to read as follows: amount of money they expect from their re- making more effective use of available pro- ‘‘(2) APPLICATION ONLY TO CERTAIN LINES OF funds within 48 hours, rather than having to grams and ensuring that families have access BUSINESS.—In applying paragraph (1), there wait for the IRS to process their returns. to the tax credits and food, health, and other shall be taken into account only tips re- This wait could last 6–8 weeks if the family benefits that already exist. ceived from customers or clients in connec- does not file electronically and does not have The millions of dollars lost by working tion with— a bank account to accept an electronic families to commercial tax preparers is ‘‘(A) the providing, delivering, or serving of transfer of the refund. Indeed, many low-in- money that could have been used to help pro- food or beverages for consumption if the tip- come families lack bank accounts. According vide their children with a safe home, nutri- ping of employees delivering or serving food to the Federal Reserve, one out of four fami- tious meals and a good education. or beverages by customers is customary, or lies with incomes less than $25,000 does not These hardworking families are trying to ‘‘(B) the providing of any cosmetology have a bank account of any kind. lift themselves out of poverty but are falling service for customers or clients at a facility RECOMMENDATIONS victim to targeted marketing tactics that licensed to provide such service if the tip- 1. Simplify the rules and process. Working are taking their hard-earned money. The ping of employees providing such service is families should be able to complete their Children’s Defense Fund’s efforts to educate customary.’’.

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(b) DEFINITION OF COSMETOLOGY SERVICE.— cosmetology service at a salon or other simi- ‘‘(xiii) section 6050U(a) (relating to returns Section 45B of such Code is amended by re- lar facility for more than 5 days in a cal- by cosmetology service providers).’’. designating subsections (c) and (d) as sub- endar year, the requirements of this para- (2) Section 6724(d)(2) of such Code is amend- sections (d) and (e), respectively, and by in- graph are met if such person— ed— serting after subsection (b) the following new ‘‘(i) makes a return, according to the forms (A) by striking ‘‘or’’ at the end of subpara- subsection: or regulations prescribed by the Secretary, graph (AA), ‘‘(c) COSMETOLOGY SERVICE.—For purposes setting forth the name, address, and TIN of (B) by striking the period at the end of of this section, the term ‘cosmetology serv- each such cosmetologist and the amount re- subparagraph (BB) and inserting ‘‘, or’’, and ice’ means— ceived from each such cosmetologist, and (C) by inserting after subparagraph (BB) ‘‘(1) hairdressing, ‘‘(ii) furnishes to each cosmetologist whose the following new subparagraph: ‘‘(2) haircutting, name is required to be set forth on such re- ‘‘(CC) subsections (b)(3)(A)(ii) and (c) of ‘‘(3) manicures and pedicures, turn a written statement showing— section 6050U (relating to cosmetology serv- ‘‘(4) body waxing, facials, mud packs, ‘‘(I) the name, address, and phone number ice providers) even if the recipient is not a wraps, and other similar skin treatments, of the information contact of the reporting payee.’’. and person, (3) The table of sections for subpart B of ‘‘(5) any other beauty related service pro- ‘‘(II) the amount received from such cos- part III of subchapter A of chapter 61 of the vided at a facility at which a majority of the metologist, and Internal Revenue Code of 1986 is amended by services provided (as determined on the basis ‘‘(III) a statement informing such cos- adding after section 6050T the following new of gross revenue) are described in paragraphs metologist that (as required by this section), item: (1) through (4).’’. the reporting person has advised the Internal ‘‘Sec. 6050U. Returns relating to cosmetology (c) EFFECTIVE DATE.—The amendments Revenue Service that the cosmetologist pro- services and information to be made by this section shall apply to tips re- vided cosmetology services during the cal- provided to cosmetologists.’’. ceived for services performed after December endar year to which the statement relates. (c) EFFECTIVE DATE.—The amendments 31, 2004. ‘‘(B) METHOD AND TIME FOR PROVIDING made by this section shall apply to calendar SEC. 3. INFORMATION REPORTING AND TAX- STATEMENT.—The written statement required years after 2004. PAYER EDUCATION FOR PROVIDERS by clause (ii) of subparagraph (A) shall be OF COSMETOLOGY SERVICES. furnished (either in person or by first-class By Mr. ROCKEFELLER (for him- (a) IN GENERAL.—Subpart B of part III of mail which includes adequate notice that the subchapter A of chapter 61 of the Internal self and Mr. LEAHY): statement or information is enclosed) to the S. 329. A bill to amend title 11, Revenue Code of 1986 is amended by inserting person on or before January 31 of the year after section 6050T the following new section: United States Code, to increase the following the calendar year for which the re- amount of unsecured claims for sala- ‘‘SEC. 6050U. RETURNS RELATING TO COSME- turn under clause (i) of subparagraph (A) is TOLOGY SERVICES AND INFORMA- to be made. ries and wages given priority in bank- TION TO BE PROVIDED TO COS- ruptcy, to provide for cash payments to METOLOGISTS. ‘‘(c) TAXPAYER EDUCATION REQUIRE- MENTS.—In the case of a reporting person retirees to compensate for lost health ‘‘(a) IN GENERAL.—Every person (referred insurance benefits resulting from the to in this section as a ‘reporting person’) who is required to provide a statement pur- who— suant to subsection (b), the requirements of bankruptcy of their former employer, ‘‘(1) employs 1 or more cosmetologists to this subsection are met if such person pro- and for other purposes; to the Com- provide any cosmetology service, vides to each such cosmetologist annually a mittee on the Judiciary. ‘‘(2) rents a chair to 1 or more cosmetolo- publication, as designated by the Secretary, Mr. ROCKEFELLER. Mr. President, gists to provide any cosmetology service on describing— over the last several years as the econ- at least 5 calendar days during a calendar ‘‘(1) in the case of an employee, the tax and omy came down from the high of the year, or tip reporting obligations of employees, and 1990s, we have seen how devastating it ‘‘(3) in connection with its trade or busi- ‘‘(2) in the case of a cosmetologist who is can be for workers when their compa- not an employee of the reporting person, the ness or rental activity, otherwise receives nies declare bankruptcy. From the compensation from, or pays compensation tax obligations of independent contractors or proprietorships. enormous Enron bankruptcy at the end to, 1 or more cosmetologists for the right to of 2001 to the bankruptcies of Wheel- provide cosmetology services to, or for cos- The publications shall be furnished either in metology services provided to, third-party person or by first-class mail which includes ing-Pitt and then Weirton Steel in my patrons, shall comply with the return re- adequate notice that the publication is en- own home State, every bankruptcy has quirements of subsection (b) and the tax- closed. brought heartache for workers who had payer education requirements of subsection ‘‘(d) DEFINITIONS.—For purposes of this sec- dedicated themselves to their employ- (c). tion— ers. In many cases, employees and re- ‘‘(b) RETURN REQUIREMENTS.—The return ‘‘(1) COSMETOLOGIST.— tirees have very limited ability to re- requirements of this subsection are met by a ‘‘(A) IN GENERAL.—The term ‘cosmetolo- cover the wages, severance, or benefits reporting person if the requirements of each gist’ means an individual who provides any they are due when their companies cosmetology service. of the following paragraphs applicable to seek protection from creditors. such person are met. ‘‘(B) ANTI-AVOIDANCE RULE.—The Secretary Workers deserve better. So today I ‘‘(1) EMPLOYEES.—In the case of a reporting may by regulation or ruling expand the term person who employs 1 or more cosmetolo- ‘cosmetologist’ to include any entity or ar- am introducing the Bankruptcy Fair- gists to provide cosmetology services, the re- rangement if the Secretary determines that ness Act to strengthen workers’ rights quirements of this paragraph are met if such entities are being formed to circumvent the in bankruptcy and to provide greater person meets the requirements of sections reporting requirements of this section. authority to bankruptcy courts to en- 6051 (relating to receipts for employees) and ‘‘(2) COSMETOLOGY SERVICE.—The term ‘cos- sure a fair distribution of assets. I am 6053(b) (relating to tip reporting) with re- metology service’ has the meaning given to very pleased that Senator LEAHY, the spect to each such employee. such term by section 45B(c). distinguished ranking Democrat on the ‘‘(2) INDEPENDENT CONTRACTORS.—In the ‘‘(3) CHAIR.—The term ‘chair’ includes a Senate Judiciary Committee is an case of a reporting person who pays com- chair, booth, or other furniture or equipment from which an individual provides a cosme- original cosponsor of this bill. pensation to 1 or more cosmetologists (other Specifically, the bill will do three than as employees) for cosmetology services tology service (determined without regard to provided to third-party patrons, the require- whether the cosmetologist is entitled to use things. It will ensure that retirees ments of this paragraph are met if such per- a specific chair, booth, or other similar fur- whose promised health insurance is son meets the applicable requirements of niture or equipment or has an exclusive taken away receive at least some com- section 6041 (relating to returns filed by per- right to use any such chair, booth, or other pensation for their lost benefits. Sec- sons making payments of $600 or more in the similar furniture or equipment). ond, my legislation would allow em- course of a trade or business), section 6041A ‘‘(e) EXCEPTIONS FOR CERTAIN EMPLOY- ployees to recover more of the back- (relating to returns to be filed by service-re- EES.—Subsection (c) shall not apply to a repay or other compensation that is owed cipients who pay more than $600 in a cal- porting person with respect to an employee to them at the time of the bankruptcy. endar year for services from a service pro- who is employed in a capacity for which tip- And lastly, it would provide bank- vider), and each other provision of this sub- ping (or sharing tips) is not customary.’’. ruptcy courts the authority to recover part that may be applicable to such com- (b) CONFORMING AMENDMENTS.— pensation. (1) Section 6724(d)(1)(B) of such Code (relat- company assets in cases where com- ‘‘(3) CHAIR RENTERS.— ing to the definition of information returns) pany managers flagrantly paid exces- ‘‘(A) IN GENERAL.—In the case of a report- is amended by redesignating clauses (xiii) sive compensation to favored employing person who receives rent or other fees or through (xviii) as clauses (xiv) through (xix), ees just before declaring bankruptcy. compensation from 1 or more cosmetologists respectively and by inserting after clause I first introduced this legislation in for use of a chair or for rights to provide any (xii) the following new clause: the 108th Congress. I am reintroducing

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1204 CONGRESSIONAL RECORD — SENATE February 9, 2005 it because this issue is as important in an easy solution. The retirees would tors. Too many companies in West Vir- West Virginia today as it has ever still be entitled to a general unsecured ginia have had to go through the pain- been. I am hopeful that as Congress claim for the value of the benefits lost ful process of Chapter 11 reorganiza- considers any changes to bankruptcy in excess of this one time payment. tion. I completely understand the need law we will debate how we can better This change would ensure that retirees, to keep the factories open. And I have protect workers whose companies file while still not being made whole on always worked side by side with com- for bankruptcy. I do not pretend to lost benefits, will at least receive some panies to help them recover. have all the answers. But I do know compensation for the broken promises. I will continue that important work, that we must do a better job of easing Many active workers, too, have a dif- and I have included a provision in this the burden that bankruptcy imposes on ficult time recovering what is owed to bill to help bankrupt companies that employees and retirees. And I believe them by their employer when the com- are struggling to survive to recover as- that we can do so in creative ways that pany files bankruptcy. Under current sets that have been pilfered from the do not make it more difficult for com- law, employees are entitled to a pri- corporate coffers. In too many cases, panies to successfully reorganize and ority claim of up to $4,925. But that fig- company executives reward themselves emerge from bankruptcy. I look for- ure is usually not enough to cover the even as their companies careen toward ward to the ideas and suggestions of back-wages, vacation time, severance bankruptcy. The most egregious recent my colleagues. pay, or benefit payments that the em- example is at Enron in 2001. In the days In the simplest economic terms, employees are owed for work done prior to and weeks leading up to the bank- ployees sell their labor to their compa- the bankruptcy. Congress needs to up- ruptcy filing, executives granted large nies. They toil away in offices, plants, date the amount of the priority claim bonuses to themselves and their fa- factories, mills, and mines, because to ensure that more workers are able vored employees. Millions of dollars they are promised that at the end of to receive what is rightfully theirs. were paid to a select group of employ- the day they will receive certain com- The Bankruptcy Fairness Act would es- ees just before the company declared pensation. One of the most important tablish a priority claim for the first bankruptcy. It is unconscionable that types of compensation that workers $15,000 of compensation owed to an em- executives would grant themselves earn is the right to enjoy certain bene- ployee. undeserved bonuses and then weeks fits when they retire. Pensions, life in- In most cases, employees have been later claim that the company did not surance, or health care coverage are working their hardest to help the com- have the resources to pay its rank and earned by workers in addition to their pany avoid the nightmare of bank- file employees. weekly paychecks. Yet, sadly we have ruptcy, only to find that they will not My legislation provides bankruptcy seen many companies in the last few be compensated for their services as courts greater authority to recover ex- years abandon these promises when promised. As we saw so clearly with cessive compensation that was paid they declare bankruptcy. the Enron case, employees are often just prior to the bankruptcy filing. If More and more we see companies left holding the bag when their com- the court finds that compensation was taking the easy road to profitability by pany declares bankruptcy. In that case, out of the ordinary course of business abandoning commitments that they employees were owed an average of or was unjust enrichment, the court made to workers. For retirees who $35,000 in back-wages, severance, and can recover those assets for the bank- have planned for their golden years other promised compensation. They de- rupt company, ensuring that more based on the benefits they have earned, served to recover more than a mere creditors, employees, and retirees can losing health insurance can be a dev- $4,925 of what was owed them. Let me receive what is rightfully owed to them astating blow. Retirees must have the be clear, this bill does not establish by the company. right to reasonable compensation if the any new obligation for a company to The reforms I have outlined are mod- company seeks to break its promise to pay severance or other compensation est. They will not take the sting out of bankruptcy. By definition a bank- provide health insurance. Under cur- to employees caught up in a company’s ruptcy is a failure, and it is painful for rent law, these retirees receive what is bankruptcy. It merely ensures that em- the company’s employees, retirees, and called a general unsecured claim for ployees can recover more of what is al- business partners. But the Bankruptcy the value of the benefits they lost. As ready owed to them through the bank- Fairness Act I am introducing today any creditor will tell you, a general un- ruptcy process. secured claim is essentially worthless I understand that many creditors or would make progress toward ensuring in most bankruptcies. It means you are investors are not able to recover what that bankruptcies are more fair to the at the end of the line, and there are not is rightfully owed to them in bank- workers who gave their time and energy and sweat to the company in ex- enough assets to go around. This law ruptcy, but employees deserve protec- change for certain promised compensa- allows companies to essentially rescind tion that recognizes the unique nature tion. And by helping a company re- compensation that retirees have earned of their dependence on their employer. cover assets that should not have been with virtually no cost to the company. Any smart investor diversifies his or paid out as undeserved bonuses just be- Of course that is a great deal for the her portfolio so that a bankruptcy at fore bankruptcy the bill ensures that company, but it is spectacularly unfair one company does not bankrupt the in- more of a company’s assets are paid to to the retirees. vestor. Likewise, suppliers and credi- the employees, retirees, and creditors Recognizing that so-called legacy tors that do business with a company who are rightfully owed. costs are often an impossible burden typically have many other clients. This It is my hope that this legislation for a company that is trying to emerge is not the case with workers. They can- will receive serious consideration from from bankruptcy, my legislation would not diversify away the risk of working my colleagues, and that this can open still allow companies in some cir- for a bankrupt company, and the finan- an important debate about how work- cumstances to alter the health cov- cial hardship a bankruptcy brings is ers and retirees can be better protected erage offered to retirees. However, it more devastating to the average work- from the ugly side of prolonged eco- would require that the company pay a er than the average creditor or sup- nomic downturns. I ask unanimous minimum level of compensation to re- plier. consent that the text of the legislation tirees. Under this bill, each retiree Now, I know that some of my col- be printed in the RECORD. would be entitled to a payment equal leagues listening to this may be wor- There being no objection, the bill was to the cost of purchasing comparable rying that this legislation is insensi- ordered to be printed in the RECORD, as health insurance for a period of 18 tive to the needs of companies that are follows: months. Of course, 18 months of health trying to reorganize in order to emerge S. 329 insurance coverage is a lot less than from bankruptcy and go forward as Be it enacted by the Senate and House of Rep- many of these retirees are losing, but successful businesses. I am fully aware resentatives of the United States of America in it can ease the transition as retirees that sometimes, too often in the real Congress assembled, make alternative plans, and it will dis- world, the bankruptcy process can help SECTION 1. SHORT TITLE. courage companies from thinking that companies stay open and maintain jobs This Act may be cited as the ‘‘Bankruptcy terminating retiree health coverage is by restructuring obligations to credi- Fairness Act’’.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1205 SEC. 2. FAIR TREATMENT OF COMPENSATION IN Mr. CHAFEE, Mr. SUNUNU, Mr. new or more than 200 years old. The BANKRUPTCY. DURBIN, and Mr. DAYTON): Voting Integrity and Verification Act (a) INCREASED PRIORITY CLAIM AMOUNT FOR S. 330. A bill to amend the Help protects democracy by protecting the EMPLOYEE WAGES AND BENEFITS.—Section 507(a) of title 11, United States Code, is America Vote Act of 2002 to require a sanctity of our vote. amended— voter-verified permanent record or (1) in paragraph (3)— hardcopy under title III of such Act, By Mr. DOMENICI (for himself (A) by striking ‘‘$4,925’’ and inserting and for other purposes; to the Com- and Mr. BINGAMAN): ‘‘$15,000’’; and mittee on Rules and Administration. S. 332. A bill to prohibit the retire- (B) by striking ‘‘within 90 days’’; and Mr. ENSIGN. Mr. President, in the ment of F–117 Nighthawk stealth at- (2) in paragraph (4)(B)(i), by striking November 2004 elections, Nevadans en- tack aircraft during fiscal year 2006; to ‘‘$4,925’’ and inserting ‘‘$15,000’’. tered a new frontier for casting their the Committee on Armed Services. (b) RECOVERY OF EXCESSIVE COMPENSA- Mr. DOMENICI. Mr. President, I rise TION.—Section 547 of title 11, United States votes. We became the first state in the nation to require that voter-verified to introduce a bill prohibiting retire- Code, is amended by adding at the end the ment of F–117 stealth fighter aircraft following: paper audit trail printers be used with ‘‘(h) The court, on motion of a party of in- touch-screen voting machines. during fiscal year 2006. I am also terest, may avoid any transfer of compensa- Not only did our election go off with- pleased my colleague, Senator BINGA- tion made to a present or former employee, out a hitch, but voters across Nevada MAN, has joined me as a cosponsor. The officer, or member of the board of directors left the polls with the knowledge that Department of Defense budget proposed of the debtor on or within 90 days before the for next year reduces operations and date of the filing of the petition that the their vote would be counted and that their vote would be counted accu- maintenance funds for the stealth court finds, after notice and a hearing, to fighter. As a result, ten aircraft would rately. be— be retired. I believe this would be detri- ‘‘(1) out of the ordinary course of business; I understand better than most the mental to our national security and so or importance of the integrity of the bal- ‘‘(2) unjust enrichment.’’. lot box. I was at the mercy of a I offer a very simple bill to maintain the current F–117 force structure. SEC. 3. PAYMENT OF INSURANCE BENEFITS OF paperless-machine election in my 1998 The mission of the stealth fighter is RETIREES. race for the U.S. Senate. When the (a) IN GENERAL.—Section 1114(j) of title 11, to strike highly important, highly de- votes were tallied with a difference of United States Code, is amended to read as fended enemy targets. Pilots from follows: only a few hundred, I asked for a re- Holloman Air Force Base, NM have ‘‘(j)(1) No claim for retiree benefits shall be count in Clark County, the only county flown thousands of successful sorties limited by section 502(b)(7). at the time using electronic voting ma- while evading heavy air defenses be- ‘‘(2)(A) Each retiree whose benefits are chines. The result of the recount was modified pursuant to subsection (e)(1) or (g) cause of the F–117’s stealth capability. identical to the first count. That is be- As I think most know, F–117s played a shall have a claim in an amount equal to the cause there was nothing to recount. value of the benefits lost as a result of such key role during operations in Serbia, in modification. Such claim shall be reduced by After rerunning a computer program, Operation Iraqi Freedom and in other the amount paid by the debtor under sub- the computer predictably produced the dangerous theaters around the world. paragraph (B). same exact tally. The F–117 has been this nation’s pre- ‘‘(B)(i) In accordance with section I conceded that race and was elected eminent first strike platform. And I 1129(a)(13)(B), the debtor shall pay the retiree to Nevada’s other Senate seat in 2000. would submit, that retiring nearly 20 with a claim under subparagraph (A) an But that experience made me realize amount equal to the cost of 18 months of pre- percent of our proven stealth fighter the importance of ensuring Americans fleet before new planes such as the F– miums on behalf of the retiree and the de- that their votes will count—it is abso- pendents of the retiree under section 602(3) of 22 and the Joint Strike Fighter enter the Employee Retirement Income Security lutely fundamental to our democracy. the force is not prudent. Act of 1974 (29 U.S.C. 1162(3)), which amount That is why I led the fight for voter Last year, a similar budget request shall not exceed the amount of the claim verification paper trails in the Help was made to reduce the F–117 fleet. I under subparagraph (A). America Vote Act (HAVA) that Presi- recommended that the Department of ‘‘(ii) If a retiree under clause (i) is not eli- dent Bush signed into law in 2002. A Defense delay such a decision until new gible for continuation coverage (as defined in voter-verified paper trail would allow section 602 of the Employee Retirement In- stealth platforms enter the fleet. Both voters to review a physical printout of the Armed Services committee and the come Security Act of 1974), the Secretary of their ballot and correct any errors be- Labor shall determine the amount to be paid Defense Appropriations subcommittee by the debtor to the retiree based on the 18- fore leaving the voting booth. This agreed with my assessment and in- month cost of a comparable health insurance printout would be preserved at the cluded language in their bills prohib- plan. polling place for use in any recounts. iting the retirement. For fiscal year ‘‘(C) Any amount of the claim under sub- This is exactly what Nevadans experi- 2006 my goal remains the same: to re- paragraph (A) that is not paid under sub- enced when they voted in November. paragraph (B) shall be a general unsecured tain the vital first-strike capability Unfortunately, the language that is this Nation has come to rely upon for claim.’’. contained in HAVA has not resolved (b) CONFIRMATION OF PLAN.—Section the immediate future. 1129(a)(13) of title 11, United States Code, is this issue for most other states. Now, I I recognize that this is a time when amended to read as follows: am working to ensure voting integrity our military forces are transforming to ‘‘(13) The plan provides— across the country. By introducing the a different kind of force—one that is ‘‘(A) for the continuation after its effective Voting Integrity and Verification Act, more agile. I also recognize that this date of the payment of all retiree benefits (as I want to ensure that HAVA is clear— will require new kinds of platforms and defined in section 1114), at the level estab- voters must be assured that their votes lished pursuant to subsection (e)(1) or (g) of different force structures. But at a will be accurate and will be counted time when the world presents a number section 1114, at any time before the con- properly. A paper trail provides just firmation of the plan, for the duration of the of challenges that may require use of period the debtor has obligated itself to pro- such an assurance. stealth capability, I am committed to vide such benefits; and Technology has transformed the way maintaining the current configuration ‘‘(B) that the holder of a claim under sec- we do many things—including voting. of the F–117 fleet and I urge my col- tion 1114(j)(2)(A) shall receive from the debt- But we cannot simply sit on the side- leagues to support this bill. or, on the effective date of the plan, cash lines and assume that our democracy I ask unanimous consent that the equal to the amount calculated under sec- will withstand such changes. We re- text of the bill be printed in the tion 1114(j)(2)(B).’’. cently witnessed the birth of democ- RECORD. (c) RULEMAKING.—The Secretary of Labor racy in Afghanistan and Iraq and shall promulgate rules and regulations to There being no objection, the bill was carry out the amendments made by this sec- watched as citizens risked their lives ordered to be printed in the RECORD, as tion. to cast their votes. Our continued work follows: to ensure that each vote counts here in S. 332 By Mr. ENSIGN (for himself, Mr. the United States underscores the idea Be it enacted by the Senate and House of Rep- REID, Mr. BURNS, Mrs. FEIN- that we must always be vigilant in pro- resentatives of the United States of America in STEIN, Mr. NELSON of Florida, tecting democracy—whether it is brand Congress assembled,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1206 CONGRESSIONAL RECORD — SENATE February 9, 2005 SECTION 1. PROHIBITION ON RETIREMENT OF F– drugs. The Pharmaceutical Market Ac- Selma to Montgomery, and Trail of 117 NIGHTHAWK STEALTH ATTACK cess and Drug Safety Act is a step that Tears National Historic Trails. To be AIRCRAFT. No F–117 Nighthawk stealth attack air- the Congress can take to put downward designated as a National Historic Trail, craft in use by the Air Force during fiscal pressure on drug prices in our country. a trail must meet three basic criteria: year 2005 may be retired during fiscal year By some estimates, U.S. consumers it must be nationally significant, have 2006. could save up to $38 billion if they a documented route through maps or could purchase prescription medicines journals, and provide for recreational By Mr. DORGAN (for himself, Ms. at the Canadian prices. opportunities. In my judgment, the SNOWE, Mr. GRASSLEY, Mr. KEN- This year’s bill is substantially simi- proposed Captain John Smith Chesa- NEDY, Mr. MCCAIN, Ms. STABE- lar to the bill that Senator SNOWE and peake National Historic Watertrail NOW, Mr. CHAFEE, Mr. JEF- I introduced last year but it has been meets all three criteria. FORDS, Mr. LOTT, Mr. DAYTON, refined in response to technical assist- Captain John Smith was one of Mrs. CLINTON, Mr. BINGAMAN, ance we have received from various America’s earliest explorers. His role Mrs. BOXER, Mr. CONRAD, Mr. stakeholders. We have thoroughly and in the founding of Jamestown, VA—the DURBIN, Mr. FEINGOLD, Mrs. pro-actively addressed all of the safety first permanent English settlement in FEINSTEIN, Mr. INOUYE, Mr. issues that some have raised with re- North America—and in exploring the JOHNSON, Mr. KOHL, Mr. LEAHY, spect to drug importation. The fact is Chesapeake Bay region during the Mr. LEVIN, Mr. NELSON of Flor- that a system of drug importation, years 1607 to 1609 marks a defining pe- ida, Mr. OBAMA, Mr. PRYOR, Mr. called parallel trade, has flourished riod in the history of our Nation. His SALAZAR, Mr. SARBANES, Mr. with no safety problems within the Eu- contemporaries and historians alike SCHUMER, and Ms. COLLINS): ropean Union for the last two decades. credit Smith’s strong leadership with S. 334. A bill to amend the Federal I am convinced that if the Europeans ensuring the survival of the fledgling Food, Drug, and Cosmetic Act with re- can safely trade pharmaceuticals with- colony and laying the foundation for spect to the importation of prescrip- in Europe, the United States can safely the future establishment of our nation. tion drugs, and for other purposes; to do so, and our bill gives the Food and With a dozen men in a 30-foot open the Committee on Health, Education, Drug Administration the authority and boat, Smith’s expeditions in search of Labor, and Pensions. resources it needs to oversee such a food for the new colony and the fabled Mr. DORGAN. Mr. President, today, I system. Northwest Passage took him nearly am introducing my bipartisan prescrip- We simply cannot continue on our 3,000 miles around the Chesapeake Bay tion drug importation legislation, the current course of inaction, and I want and its tributaries from the Virginia Pharmaceutical Market Access and to put my colleagues on notice that I capes to the mouth of the Susque- Drug Safety Act, along with Senators am determined to get a vote on this hanna. On his voyages and as President SNOWE, GRASSLEY, KENNEDY, MCCAIN, legislation this year on the Senate of the Jamestown Colony, Captain STABENOW, JEFFORDS and many others. floor. The agreement that Senator Smith became the first point of con- In all, the bill has 28 cosponsors, and I SNOWE and I reached earlier this month tact for scores of Native American expect we will add more cosponsors in with Majority Leader FRIST and new leaders from around the Bay region. the coming weeks and months. Health, Education, Labor, and Pen- His relationship with Pocahontas is I am particularly pleased that Fi- sions Committee Chairman ENZI to now an important part of American nance Committee Chairman CHARLES hold a hearing specifically on the Dor- folklore. Smith’s notes describing the GRASSLEY has joined forces with us on gan-Snowe bill is a step in the right di- indigenous people he met and the this year’s bill. Chairman GRASSLEY rection. Chesapeake Bay ecosystem are still has made a significant contribution to I am convinced that if the full Senate widely studied by historians, environ- the drug importation debate and has is given the opportunity to vote on our mental scientists, and anthropologists. provided invaluable assistance in en- bill, it will pass with overwhelming bi- The remarkably accurate maps and suring that our bill complies with our partisan support. I look forward to con- charts that Smith made of his voyages country’s trade obligations. Chairman tinuing to work with my colleagues to into the Chesapeake Bay and its tribu- GRASSLEY’s support also helps to dem- get this legislation passed by Congress taries served as the definitive map of onstrate the growing momentum in the and sent to the President for his signa- the region for nearly a century. His Senate for a vote on our bipartisan ture. voyages, as chronicled in his journals, drug importation legislation. ignited the imagination of the Old I am also glad that, in addition to By Mr. SARBANES (for himself, World, and helped launch an era of ad- being tri-partisan, this year’s bill is Mr. WARNER, Mr. ALLEN, and venture and discovery in the New also bicameral. Congresswoman JOANN Ms. MIKULSKI): World. Hundreds, and then thousands EMERSON and Congressman SHERROD S. 336. A bill to direct the Secretary of people aspired to settle in what BROWN are introducing the companion of the Interior to carry out a study of Smith described as one of ‘‘ the most to my bill in the House of Representa- the feasibility of designating the Cap- pleasant places known, for large and tives today. tain John Smith Chesapeake National pleasant navigable rivers, heaven and This is an issue whose time has come. Historic Watertrail as a national his- earth never agreed better to frame a By now, it is well-documented that toric trail; to the Committee on En- place for man’s habitation.’’ Even American consumers pay by far the ergy and Natural Resources. today, his vivid descriptions of the highest prices in the world for prescrip- Mr. SARBANES. Mr. President, Bay’s abundance still serve as a bench- tion medicines, and our citizens are today I am introducing legislation to mark for the health and productivity desperate for relief. Earlier this month, initiate a study of the feasibility of of the Bay. we learned that prices on 31 of the top- designating the route of Captain John With the 400th anniversary of the 50 bestselling drugs went up during the Smith’s exploration of the Chesapeake founding of Jamestown quickly ap- last two-month period. For instance, Bay and its tributaries as a National proaching, the designation of this the price of the top-selling drug Lipitor Historic Trail. Joining me in spon- route as a national historic trail would has gone up 5 percent—double the in- soring this legislation are my col- be a tremendous way to celebrate an flation rate for all of 2004—in just the leagues Senators WARNER, ALLEN and important part of our nation’s story two months since November, 2004. MIKULSKI. and serve as a reminder of John Lipitor costs the American consumer Our system of National Historic Smith’s role in establishing the colony nearly twice as much per pill as the Ca- Trails, NHTs, commemorate major and opening the way for later settle- nadian consumer. routes of historic travel and mark ments in the New World. It would also These recent price increases come at major events which shaped American give recognition to the Native Amer- the expense of American consumers— history. To date, 13 National Historic ican settlements, culture and natural especially those seniors and uninsured Trails have been established in the Na- history of the 17th century Chesa- Americans who do not have health in- tional Park Service including the peake. Similar in historic importance surance coverage for prescription Lewis and Clark, the Pony Express, to the Lewis and Clark National Trail,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1207 this new historic watertrail will inspire In honor of the 400th anniversary of the Accordingly, we wish to express our sup- generations of Americans and visitors founding of Jamestown in 1607 and the voy- port for the bipartisan legislation you are in- to follow Smith’s journeys, to learn ages of exploration in the Chesapeake Bay, troducing to authorize the National Park about the roots of our nation and to the Chesapeake Bay Foundation heartily Service to study the national significance of supports the establishment of the Capt. John Smith’s voyages of exploration and the feasi- better understand the contributions of Smith Chesapeake National Historic bility of establishing a water trail to com- the Native Americans who lived within Watertrai1. We also see the Trail as a vital memorate the voyages. the Bay region. complement to a strong Chesapeake Bay We believe that the Capt. John Smith Equally important, the Captain John Gateways Network and believe that valuable Chesapeake National Water Trail would pro- Smith Chesapeake National Watertrail synergy can result from the combination. vide invaluable assistance in meeting the can serve as a national outdoor re- Accordingly, we wish to express our sup- goals of the Chesapeake 2000 Agreement, our source by providing rich opportunities port for the bipartisan legislation you are in- blueprint for restoring and sustaining the troducing to authorize the National Park bay’s ecosystem. for education, recreation, and heritage By focusing national attention upon the tourism not only for more than 16 mil- Service to study the national significance of Smith’s voyages of exploration and the feasi- inherent beauty and abundance of the Bay lion Americans living in the Bay’s wa- bility of estabIihing a watertrail to com- and its rich cultural and historic values, tershed, but for visitors to this area. memorate the voyage. America’s first national water trail would The water trail would be the first Na- We believe that the Capt. John Smith educate and inspire visitors to explore and tional Watertrail established in the Chesapeake National Historic Watertrail protect this unique resource. The trail would United States and would allow voy- would provide invaluable assistance in meet- provide exceptional interpretation and stew- agers in small boats, cruising boats, ing the goals of the Chesapeake 2000 Agree- ardship opportunities, promote habitat restoration and protection and provide unparal- kayaks and canoes to travel from the ment, our blueprint for restoring and sustaining the Bay’s ecosystem, which has been leled recreational and eco-heritage experi- distant headwaters to the open Bay— badly damaged over the past 400 years by the ences—all in a cost-efficient and low-impact an accomplishment that would inspire heavy footprints of our large and still-grow- manner. today’s explorers and would generate ing presence in its watershed. Involving communities, non-governmental national and international attention By focusing national attention upon the organization, public agencies, business and and participation. The Trail would inherent beauty and abundance of the Bay private landowners in establishing the Water complement the Chesapeake Bay Gate- and its rich cultural and historic values, Trail would demonstrate a new model for public-private partnerships that will form ways and Watertrails Initiative and America’s first national watertrail would educate and inspire visitors to explore, re- the basis of how we care for our national help highlight the Bay’s remarkable store, and protect this unique resource. The treasures in the 21st century. maritime history, its unique watermen watertrail would provide exceptional inter- Nearly 400 years ago Smith sailed the and their culture, the diversity of its pretation and stewardship opportunities, Chesapeake and saw the promise of a nation peoples, its historical settlements and promote habitat restoration and protection, built on exploration, discovery and partner- our current efforts to restore and sus- and provide unparalleled recreational and ship. America’s first national water trail will tain the world’s most productive estu- eco-heritage experiences—all in a cost-effi- celebrate the waters that once captured America’s imagination and instill awe and ary. cient and low-impact manner. Involving Communities, non-governmental the spirit of discovery in future explorers. This legislation enjoys strong bipar- Your support of the study is critical to rec- tisan support in the Congress and in organizations public agencies, businesses, and private landowners in establishing the ognize this magnificent national resource. the States through which the trail Capt. John Smith Chesapeake National His- Respectfully, passes. The legislation has been en- toric Watertrail would demonstrate a new Senator MIKE WAUGH, dorsed by the Governors of Virginia, model for public-private partnerships that Chairman. Pennsylvania, Delaware and Maryland. will form the basis of how we care for our na- Mr. WARNER. Mr. President, come The measure is also strongly supported tional treasures in the 21st century. 2007, Virginia, along with the rest of by The Conservation Fund, Izaak Wal- Nearly 400 years ago Smith sailed the our great Nation, will celebrate the ton League, the Chesapeake Bay Foun- Chesapeake and saw the promise of a nation 400th anniversary of the historic found- built on exploration, discovery and partner- dation and the Chesapeake Bay Com- ship. America’s first national watertrail will ing of Jamestown, the first permanent mission. I ask unanimous consent that celebrate the waters that once captured English settlement in the New World. letters from the latter two organiza- America’s imagination and instill awe and At this site, back in 1607, an adven- tions expressing support for the legisla- the, spirit of discovery in future explorers, turous band of Englishmen, led by Cap- tion be printed in the RECORD. I want while it motivates them to take up active tain John Smith, pitched down their to commend Pat Noonan, Chairman roles in restoring its health. stakes on the shores of the Chesapeake Emeritus of The Conservation Fund, Your support of the study is critical to rec- Bay, tired from a long journey across ognize this magnificent national resource. the blue ocean, but full of hope for the for his vision in conceiving this trail Respectfully, and urge that the legislation be quick- WILLIAM C. BAKER, possibilities that lay ahead. And ally enacted. President. though they primarily came in search As John Smith wrote four centuries of economic gain, they brought with ago and as many Americans today CHESAPEAKE BAY COMMISSION, them many of the principles that were agree, ‘‘no place is more convenient for Annapolis, MD, February 1, 2005. integral to the formation of our Amer- pleasure, profit and man’s sustenance’’ Hon. PAUL S. SARBANES, ican Democracy. Free enterprise, the than the Chesapeake Bay. Hart Senate Office Building, entrepreneurial spirit, and respect for U.S. Senate, Washington, DC. There being no objection, the mate- the principles of representative govern- Hon. JOHN W. WARNER, rial was ordered to be printed in the Russell Senate Office Building, ment and the rights of man would RECORD, as follows: U.S. Senate, Washington, DC. guide these settlers through the trials CHESAPEAKE BAY FOUNDATION, DEAR SENATOR SARBANES AND SENATOR and tribulations of those tough, early Annapolis, MD, February 3, 2005. WARNER: John Smith’s 1607–9 exploration of years. Hon. PAUL S. SARBANES, the Chesapeake was a monumental historic As we Virginians know, nobody was Hart Senate Office Building, achievement, shaping the boundaries, char- more influential in this founding en- U.S. Senate, Washington, DC. acter and future of America. His courageous deavor, than their leader: Captain John Hon. JOHN W. WARNER crew traveled almost three thousand miles Smith. Captain Smith was not just the Russell Senate Office Building, along the Chesapeake exploring the rivers U.S. Senate, Washington, DC. and making contact with American Indian man famously saved from death by Po- DEAR SENATOR SARBANES AND SENATOR tribes from what today is known as Mary- cahontas, and he was more than the WARNER: John Smith’s 1607–9 exploration of land, Virginia, Washington D.C., Pennsyl- mere commander of a small group of the Chesapeake was a monumental and his- vania and Delaware. pioneers. John Smith, as Virginians toric achievement, shaping the boundaries, In honor of the 400th anniversary of the learn at a young age, was the first am- character and future of America. His coura- founding of Jamestown in 1607 and the voy- bassador to the native peoples of the geous crew traveled almost 3,000 miles along ages of exploration in the Chesapeake Bay, Chesapeake, exchanging cultural cus- the Chesapeake exploring the rivers and we support the establishment of the Capt. making contact with American Indian tribes John Smith Chesapeake National Water toms, trading goods necessary for the from what today is known as Maryland, Vir- Trail. The Trail would be a vital complement fledgling colonists survival. John ginia, Washington D.C., Pennsylvania, and to the existing Chesapeake Bay Gateways Smith was also the first English ex- Delaware. Network. plorer of the many creeks and rivers

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1208 CONGRESSIONAL RECORD — SENATE February 9, 2005 that populate the Maryland and Vir- With the debate growing over the child, and it helps an elderly person ginia of today. From 1607 to 1609, Cap- President’s budget proposal for the spend their last few years living with tain Smith plied the briny Bay waters, Medicaid program, Senator BINGAMAN dignity. However, this program is not recording history and surveying the and I are joining together with many of perfect; improvements can and should land, even this patch of Earth where our colleagues to introduce this bill be made. our Nation’s Capitol stands today. In that calls for the creation of a Med- I don’t have to look any further than honor of Captain Smith’s historic 3,000 icaid Commission. We are joined by my home State of Oregon to see that mile journey through the choppy Senators SNOWE, LINCOLN, SANTORUM, change can be beneficial. In Oregon, Chesapeake’s main stem and tribu- BEN NELSON, DEWINE, JEFFORDS, COL- most people who live with a disability taries, I rise today, joined by Senator LINS, DURBIN, CHAFEE and KERRY in in- or who are elderly are served in their SARBANES and my colleagues from the troducing the bill today. home or community. It seems appro- Bay States, to propose a bill author- For too long Medicaid has gone unno- priate that this would happen, but Or- izing the study of the feasibility of des- ticed by policy makers. Over the past egon actually had to apply for a waiver ignating the Captain John Smith few decades Congress has spent a great to care for people in this way. That’s Chesapeake National Historic deal of time and effort modernizing the because under Medicaid States receive Watertrail. Medicare program, developing ideas to incentives to care for people in nursing What would this trail accomplish? fund Social Security, reforming our in- homes, it’s called an institutional bias. On the other hand, extreme reforms What would be its purpose? Outside of telligence gathering apparatus, and en- should be instituted simply to save the obvious tourism it would bring to acting legislation that stimulates the money. Medicaid is expensive, but so is the region, and besides the fact that its economy. Yet, through it all Medicaid private health care coverage in this creation would complement the exist- has gone unnoticed, even though it re- country. And in comparison, Medicaid ing Chesapeake Gateways Network, the cently became the nation’s largest is a pretty good deal. Watertrail would educate Americans health care program. On a per-capita basis, Medicaid has on the perils of our first English set- As the former President of the Or- only grown at a little more than four tlers, on their interaction with the nu- egon Senate, I have long championed percent while private sector health merous Native tribes, on the voyages Medicaid and worked to protect the care costs have grown at over 12 per- they undertook to better understand vulnerable populations who are helped cent. The problem with Medicaid is the New World they had come to in- by it. As a new member of the Finance that enrollment is growing and a lot habit. First hand, students and seniors, Committee in 2003, I helped lead the ef- more money is being spent on long- parents and children, would be able to fort to provide $20 billion in short-term term care compared to years past. retrace the paddle strokes and foot- fiscal assistance. However, since that Much work is ahead of us. And one of steps of Captain John Smith, to see time it has become clear that Medicaid the best ways to keep Medicaid on the what he saw, to learn what he learned, requires more than band-aide fixes. right path and ensure its long-term to know what he meant when he wrote Medicaid requires a thorough review sustainability is to enact this bill right in his diary that ‘‘oysters lay thick as that should be performed by all key now. If this Commission were made law stones’’ and fish could be caught ‘‘with stakeholders working together to today, we could have its recommenda- frying pan(s).’’ evaluate the program. We need to con- tions in time to inform Congress’ delib- Ultimately, this trail would allow for sider its pluses and minuses, and then erations next year. We have a short a deeper appreciation for the Chesa- chart a new path for the future. Our window of opportunity before us. I urge peake, for a better understanding of proposed Medicaid Commission will do my colleagues, the President and all the settlers hardships, and for the dis- just that. supporters to embrace this bill today tinct cultures, English and Indian, that As I have discussed with Governors, and call for its passage so the Medicaid came to pass, in that historic era, at Secretary Leavitt and Administrator Commission can get to work. this historic place. Today I rise to cele- McClellan, we have a unique oppor- There being no objection, the mate- brate Captain Smith’s foresight, to cel- tunity in the history of the Medicaid rial was ordered to be printed in the ebrate the founding steps of America, program. For once, everyone seems to RECORD, as follows: and to celebrate the bounty of the Bay. be focused on protecting and improving ORGANIZATIONS SUPPORTING THE BIPARTISAN I urge my colleagues to join me in sup- the program. The challenge lies in COMMISSION ON MEDICAID ACT OF 2005 porting this feasibility study for the bringing everyone together. National Alliance for the Mentally Ill Captain John Smith Chesapeake Na- It certainly won’t be easy, but ac- (NAMI); National Association of Public Hos- complishing great things never is. It pitals & Health Systems (NAPH); American tional Historic Watertrail. Hospitals Association (AHA); National Asso- will require both parties to work to- ciation of Community Health Centers By Mr. SMITH (for himself, Mr. gether. It will require Congress to (NACHC); National Association of Children’s BINGAMAN, Ms. SNOWE, Mr. JEF- reach out to the Administration, Gov- Hospitals (NACH); AIDS Institute; National FORDS, Mr. SANTORUM, Mr. ernors, State Legislators, providers Rural Health Association; Catholic Health KERRY, Mr. DEWINE, Mr. DUR- and advocates to determine how best to Association of the United States; National BIN, Mr. CHAFEE, Mrs. LINCOLN, improve such a vital program. Conference on Aging (NCOA); Conference of Ms. COLLINS, Mr. NELSON of Ne- And it will require advocates and State Legislatures (NCSL); National His- panic Medical Association (NHMA); The braska, Mr. VOINOVICH, Mr. providers to be willing to listen to new American Academy of HIV Medicine; Amer- CORZINE, and Mr. COLEMAN): ideas that may help improve the pro- ican Association of Family Physicians S. 338. A bill to provide for the estab- gram by creating efficiencies, improv- (AAFP); Association for Community Affili- lishment of a Bipartisan Commission ing quality and expanding access to ated Plans (ACAP); American Health Care on Medicaid; to the Committee on Fi- care. This can’t be accomplished work- Association (AHCA); National Association of nance. ing against each other or only with se- Counties (NACo); American College of Obste- Mr. SMITH. Mr. President, first, let lect partners—it can only be accom- tricians & Gynecologists (ACOG); American me thank the twenty-or-so organiza- plished when everyone works together. Dental Association (ADA); American Psy- tions that have offered their support I have never argued that this Com- chiatric Association; Alliance for Quality Nursing Home Care; American Geriatrics So- for our bill which creates a Medicaid mission is necessary because Medicaid ciety. Commission. I ask unanimous consent is broken. I truly believe in this pro- that the full list of groups and their gram because I have seen the difference AMERICAN HEALTH CARE ASSOCIATION, letters of support be printed in the it makes in Americans’ lives. It helps Washington, DC, February 7, 2005. RECORD. The importance of this bill, I support poor children so they can go to Hon. GORDON SMITH, believe, is demonstrated by the out- school healthy and ready to learn. U.S. Senate, Russell Senate Office Building, pouring of support expressed by such a It helps a poor expectant-mother re- Washington, DC. diverse group of people representing ceive the prenatal care necessary for Hon. JEFF BINGAMAN, U.S. Senate, Hart Senate Office Building, state and local elected officials, pro- her new child to be born healthy and Washington, DC. viders and advocates. It is truly im- able to live a fulfilling life, it helps a DEAR SENATORS SMITH AND BINGAMAN: I am pressive. family manage the care of a disabled writing on behalf of the American Health

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Care Association and the National Center for working with you on Medicaid issues this NATIONAL ASSOCIATION OF Assisted Living, the nation’s leading long year. CHILDREN’S HOSPITALS, term care organizations. AHCA/NCAL rep- Sincerely, Alexandria, VA, February 8, 2005. resent more than 10,000 non-profit and pro- HAL DAUB, Hon. GORDON SMITH, prietary facilities dedicated to continuous CEO and President. U.S. Senate, improvement in the delivery of professional Washington, DC. and compassionate care for our nation’s Hon. JEFF BINGAMAN, THE AIDS INSTITUTE, frail, elderly and disabled citizens who live U.S. Senate, Washington, DC, January 24, 2005. in nursing facilities, assisted living resi- Washington, DC. Re Bipartisan Commission on Medicaid and dences, subacute centers and homes for per- DEAR SENATOR SMITH AND SENATOR BINGA- the Medically Underserved Act of 2005. sons with mental retardation and develop- MAN: On behalf of the National Association mental disabilities. AHCA/NCAL and their Senator GORDON SMITH, of Children’s Hospitals (N.A.C.H.) and our membership are committed to performance U.S. Senate, more than 120 members nationwide, I thank excellence and Quality First, a covenant for Washington, DC. you for your leadership in introducing the healthy, affordable and ethical long term Senator JEFF BINGAMAN, ‘‘Bipartisan Commission on Medicaid Act of care. U.S. Senate, 2005.’’ Medicaid’s critical role in providing health coverage to low-income children, as a We review with great interest your draft Washington DC. major payer for children’s hospital services legislation that would establish a Bipartisan DEAR SENATORS SMITH AND BINGAMAN: As and the primary safety net in the nation’s Commission on Medicaid and the Medically the single largest source of federal financing pediatric health care infrastructure cannot Underserved. We welcome focus on the Med- of health care and treatment for low income be overstated. We welcome a thoughtful re- icaid program from a population and a pay- people with HIV/AIDS, the future viability of view to strengthen and secure this vital pro- ment perspective. Long term care is unique our Nation’s Medicaid program will have a gram for years to come. in that the government is the purchaser of direct bearing on the health of hundreds of Medicaid is now the largest single source almost all nursing home services. The gov- of health care coverage for children in the ernment demands that quality be first rate— thousands of Americans living with HIV/ AIDS. Since Medicaid provides access to nation. Half of its 53 million enrollees are as it should—yet the payment structure that children and one in four children in the healthcare for 55 percent of all people living would support greater quality is regulated in country relies on Medicaid for health cov- silos, separate from each other. At a time with AIDS, 44 percent of people with HIV, erage. But children account for only 22 per- when we as a nation ought to be strength- and 90 percent of all children living with cent of the costs, with the lion’s share of the ening our long term care infrastructure to AIDS, it plays a critical role in providing ac- costs attributable to people with significant prepare for the wave of baby-boom retirees cess to life-saving medications that prevent health and long term care needs such as the who will enter the system, we are, instead, illness and disability, and allow people to elderly and people with disabilities. allowing the infrastructure to deteriorate. live longer, more productive lives. Medicaid and children’s hospitals are part- Heretofore, Congress has focused on Medi- ners in caring for children. Our member hos- care primarily for the long term care sector, Because many people with HIV/AIDS are pitals are major providers of both inpatient yet Medicare is a small albeit significant low income, or become low income-and dis- and outpatient care to children on Medicaid. portion of our patient population. lt is be- abled, Medicaid is an important source of In fact, children on Medicaid represented 47 coming a better known fact that the Med- coverage. In FY 2002, Medicaid spending on percent of all discharges and 41 percent of all icaid program funds the majority of the care AIDS care totaled $7.7 billion, including $4.2 outpatient visits at children’s hospitals in for people in nursing homes. Approximately billion in federal dollars and $3.5 billion in FY 2003. And children’s hospitals rely on Medicaid 67% of the average nursing home patient state funds. population relies on Medicaid to pay their to serve all children, not just low-income bill. And, approximately 50% of the average Any radical change to the benefits pro- children. When provider reimbursements are nursing home’s revenues come from Med- vided by Medicaid or its financing structure cut, or benefits and eligibility changes are icaid. can have devastating impacts that can seri- made, it affects children’s hospitals’ ability to provide a wide range of services that all This is why we find it illogical that the ously jeopardize access to HIV/AIDS care in the United States. What is needed is a care- children rely upon. Medicare Payment Advisory Commission As the single largest payer of children’s (MEDPAC) continues to focus solely on the fully crafted, long term solution to the cur- health care, Medicaid’s performance affects sector’s Medicare-only issues—without also rent challenges facing the Medicaid program the health care of all children. It’s coverage looking at Medicaid. When it comes to mak- so that low income and disabled Americans, of low income children has enabled advance- ing important public policy recommenda- including those living with HIV/AIDS, are ments in pediatric medicine that would not tions that truly impact people’s lives, it is provided the necessary healthcare they re- have been otherwise possible. We need to sus- inconceivable that data used to reach con- quire. tain Medicaid’s successes and move forward clusions about the sufficiency of Medicare to ensure that eligible children are enrolled, The AIDS Institute applauds you on the in- funding fails to look collectively at the real, with access to appropriate, effective and safe and growing, interdependence between Medi- troduction of the ‘‘Bipartisan Commission on care. care and Medicaid. Medicaid and the Medically Underserved Act Your legislation recognizes, as do our We must take steps to begin to reform the of 2005’’, and looks forward to its passage in member hospitals, that the future of Med- long term care system in terms of its reli- the very near future. The Bipartisan Com- icaid is not simply about cost. A hasty move ance on the Medicaid program. Yet, reform mission envisioned by the bill would create toward program reforms without a thorough does not happen in a vacuum and we must the necessary careful review of the Medicaid review of the program with input from those have a debate of ideas. We know a key stake- program in a truly bipartisan manner with most closely associated with the program would be irresponsible. The National Asso- holder—the National Governors Associa- the expertise of representatives of the af- tion—has placed this issue high on their list ciation of Children’s Hospitals applauds your fected communities and government enti- of priorities. We are also beginning to see efforts to direct attention to how to improve ties. The AIDS Institute strongly believes this issue raised within the Social Security service delivery and quality care in Med- debate. that such a review, as designed by your legis- icaid. lation, will result in a process to conduct a We again congratulate you on your leader- We support your legislation but do so with thoughtful review of the Medicaid program ship in introducing this important legisla- some recommendations. First, we rection and we look forward to working toward ommend that your legislation consider the outside of the often partisan political process. its enactment. entire long term sector in terms of our pay- Sincerely, ment structure. Second, time is running out The AIDS Institute congratulates you on LAWRENCE A. MCANDREWS. for reform and so we believe the Commission your leadership on this program, which is should be vested with adequate power and critically important to so many people liv- ASSOCIATION FOR authority that its recommendations make a ing with HIV/AIDS, and the introduction of COMMUNITY AFFILIATED PLANS, significant impact on the policymaking Washington, DC, February 8, 2005. process. We are not sure if the Commission the ‘‘Bipartisan Commission on Medicaid and the Medically Underserved Act of 2005’’. Hon. GORDON SMITH, in its current form has enough force to real- Hon. JEFF BINGAMAN, We look forward to its enactment, partici- ly be the catalyst for new ideas for reform. U.S. Senate, We wholeheartedly believe that a far more pating in the Commission activities, and the Washington, DC. holistic evaluation is called for at this crit- eventual recommendations of its final re- DEAR SENATORS SMITH AND BINGAMAN: I ical point in time, so that beneficiaries will port. write today on behalf of the members of the not fall through the cracks due to an incom- Sincerely, Association for Community Affiliated Plans plete data picture and a short-sighted policy. Dr. A. GENE COPELLO, (ACAP), an organization of Medicaid-focused Again, thank you for the opportunity to re- Executive Director. community affiliated health plans com- view your legislation and I look forward to mitted to improving the health of vulnerable

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1210 CONGRESSIONAL RECORD — SENATE February 9, 2005 populations and the providers who serve Community health centers serve as a can be of further assistance, please do not them, to express our support for your legisla- major provider of primary and preventive hesitate to contact me. tion, ‘‘The Bipartisan Commission on Med- care to nearly 6 million of the estimated 51 Sincerely, icaid Act of 2005.’’ ACAP’s Medicaid-focused million people served by Medicaid. Moreover, MICHAEL RODGERS, managed care plans serve over 1.7 million studies continue to demonstrate that health Vice President, Advocacy and Public Policy. Medicaid beneficiaries in states across the centers save Medicaid 30% in total health country. care costs compared to other providers. Un- The demand for efficiency and quality in fortunately, some reform proposals now NATIONAL ASSOCIATION OF PUBLIC our nation’s health care system combined being discussed merely seek to cap spending HOSPITALS AND HEALTH SYSTEMS, with the fiscal pressures on the federal, state or restrict Medicaid’s long-term cost, raising Washington, DC February 8, 2005. and local governments has spurred consider- significant concerns about the continued Hon. GORDON SMITH, ation of a broad spectrum of proposals to re- ability of health centers and other safety net Hon. JEFF BINGAMAN, form the Medicaid program. Like you, ACAP providers to provide quality health care to U.S. Senate, believes the forty year-old program is in Medicaid patients. Washington, DC. Health centers believe efforts to improve need of updating. However meaningful and DEAR SENATORS SMITH AND BINGAMAN: I am Medicaid should seek to preserve the federal sustainable changes will only occur if federal writing on behalf of the National Association and state policymakers along with providers, guarantee of its coverage, and not reduce or eliminate its services or consumer protec- of Public Hospitals and Health Systems health plans, consumers and others under- (NAPH) to express our support for the Bipar- take a comprehensive and forthright exam- tions. In addition, we also believe it is im- tisan Commission on Medicaid Act of 2005. ination of the Medicaid program. portant that these efforts recognize the crit- The purpose of such a review should be to ical role that health centers and other safety The legislation recognizes Medicaid’s critical improve the efficiency of the Medicaid pro- net providers play as essential sources of role in supporting our nation’s safety net gram based on historical experiences and re- care for millions of Medicaid recipients and and emphasizes the need to carefully con- cent advances in health care while pre- uninsured Americans. sider any changes to the program in order to serving the fundamental purpose of the pro- Medicaid is a health insurance program of protect Medicaid patients and the providers gram—to serve as the nation’s health care critical importance in this country, and find- who serve them. safety net for the millions of low income ing solutions to its current challenges can be daunting. However, lawmakers must strive NAPH represents more than 100 of Amer- children, families, elderly, and disabled. ica’s metropolitan area safety net hospitals ACAP believes that your legislation estab- to forge a bipartisan consensus that aims to protect the public’s health, while ensuring and health systems. NAPH hospital systems lishing a Medicaid commission would move serve unique roles in their communities our nation’s policymakers and health care that its benefits and services remain a re- often as the largest provider of inpatient and leaders in the right direction. The commis- ality for low-income individuals. We strong- ambulatory care to Medicaid patients and sion’s work would be instrumental in under- ly believe that your commission is the ap- patients without insurance and as providers standing the underlying inefficiencies as propriate forum to achieve this goal. There- well as the initiatives and programs that fore, we are proud to endorse and offer our of essential services needed by everyone in have proven successful. In turn, the commis- full support for your legislation, and we their communities, such as trauma and burn stand ready to assist you in helping to sion would direct health care leaders to re- care services. Medicaid is the primary mech- achieve its enactment. anism for ensuring the provision of access to spond accordingly with improvements that Please do not hesitate to contact me or can and should be made to the Medicaid pro- health care for low-income patients. It sup- Licy Do Canto, Assistant Director of Health ports safety net providers, including NAPH gram. Care Financing Policy, if there is any way members, who dedicate themselves to pro- Should your legislation be enacted into we can contribute further to this effort. law, we encourage you to include a rep- viding high quality care to anyone, regard- Sincerely, resentative of the managed care plans on the less of their ability to pay. Medicaid pay- DANIEL R. HAWKINS, Jr., Commission. Medicaid managed care has ments provide 49 percent of the net patient Vice President for Federal, State, been shown to provide greater quality of care care revenues of NAPH members and Med- and Public Affairs. and access to providers at a lower price than icaid disproportionate share hospital (DSH) the traditional fee-for-service programs. As THE CATHOLIC HEALTH ASSOCIATION, payments alone support nearly 25 percent of such, it can serve as a model for reform of Washington, DC, February 8, 2005. the unreimbursed care provided by NAPH the Medicaid program. members. Therefore, Medicaid payment Tens of millions of Americans rely on Med- Hon. GORDON SMITH, Chairman, Special Committee on Aging, U.S. issues are of critical importance to NAPH icaid to receive health care services. ACAP members. believes your commission would result in re- Senate, Washington, DC. form that will be thoughtfully considered in DEAR CHAIRMAN SMITH: On behalf of the The proposed Commission on Medicaid light of the significant consequences for Catholic Health Association of the United could play an important role in protecting Medicaid enrollees as well as the providers States (CHA), the national leadership organi- the future of Medicaid and in ensuring that that deliver their care. zation of more than 2,000 Catholic health any changes to Medicaid account for the var- Please do not hesitate to contact me if care sponsors, systems, facilities, and related ious roles that the program currently serves. there is any way we can contribute further organizations, I am writing to express our Promoting a thorough discussion among rep- to this effort. strong support for the ‘‘Bipartisan Commis- resentatives of various Medicaid stake- sion on Medicaid Act of 2005.’’ Sincerely, As you know, Medicaid provides crucial holders to develop comprehensive rec- MARGARET A. MURRAY, services to over 50 million low-income chil- ommendations is a responsible approach to Executive Director. dren and pregnant women, the elderly, and examining the program. Measured consider- persons with disabilities. Many of these indi- ation is especially important today as the NATIONAL ASSOCIATION OF viduals receive care in Catholic hospitals number of uninsured continues to rise and as COMMUNITY HEALTH CENTERS, INC., and Catholic long-term care facilities. With- state Medicaid budgets experience increasing Washington, DC, February 7, 2005. out a strong and vibrant Medicaid program, pressure. NAPH does not believe that reduc- Hon. GORDON SMITH, the number of uninsured individuals in the tions in the rate of growth or caps on Med- Hon. JEFF BINGAMAN, United States would be dramatically worse. icaid spending are necessary to achieve sta- U.S. Senate, In light of the critical role that Medicaid bility in the program. Washington, DC. plays in the health of our nation, we believe Thank you for your ongoing support of DEAR SENATORS SMITH AND BINGAMAN: On that it is important to undertake a com- Medicaid and safety net providers. We look behalf of the National Association of Com- prehensive review of the program before munity Health Centers, the advocate voice forward to continuing to work with you on making any dramatic changes. To do other- finding sustainable ways to preserve and pro- for our nation’s Community, Migrant, Public wise could further unravel an already frail tect Medicaid. Housing and Homeless Health Centers, and health care safety net. the more than 15 million underserved people For that reason, we are pleased to offer our Sincerely, cared for by them, I am writing to offer our support for your legislation. By assembling a LARRY S. GAGE, strong endorsement of your legislation to 23-member commission to undertake a thor- President. create a bipartisan commission on Medicaid. ough review of the Medicaid program, your Pressure undoubtedly is growing at the legislation can help ensure that Medicaid NAMI, federal and state levels to consider reforms continues to play a key role in the health Arlington, VA, February 7, 2005. to Medicaid, some of which could dramati- care safety net for years to come. We are Hon. GORDON SMITH, cally alter its fundamental structure. The particularly pleased that the commission Hon. JEFF BINGAMAN, commission envisioned by your legislation would be comprised in part from important U.S. Senate, would provide the necessary leadership and stakeholders in the Medicaid program, in- Washington, DC. serve as a credible forum for developing via- cluding representation from the health care ble solutions to strengthen Medicaid’s long- provider community and advocates for Med- DEAR SENATORS SMITH AND BINGAMAN: On term financial health and assure that it con- icaid beneficiaries. behalf of the 210,000 members and 1,200 affili- tinues its crucial role as a safety net for our We are grateful for your continued efforts ates of the National Alliance for the Men- nation’s most vulnerable populations. in support of the Medicaid program. If we tally III (NAMI), I am writing to express our

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1211 strong support for your legislation to form a challenges in the future, not unlike those of Medicaid funding for patients. We are also bipartisan commission to study the future of under the Medicare and Social Security pro- concerned about the possible consequences the Medicaid program. As the nation’s larg- grams. For those programs, Congress estab- for those of our dual eligible patients who est organization representing people with se- lished bipartisan Commissions to consider face potential disruptions of treatment as vere mental illnesses and their families, reforms to strengthen and improve them as they shift from Medicaid to Medicare. This NAMI is pleased to support this important we begin to address demographic challenges. bears close attention. measure. A similar non-partisan analysis is desirable Your leadership in calling for an assess- As you know, Medicaid is now the domi- for Medicaid. Bringing together experts and ment of Medicaid is timely and appreciated. nant source of funding for treatment and key stakeholders is a necessary prerequisite APA would be pleased to be a resource of ex- support services for both children and adults to reforming the program. For example, we pertise in psychiatry and medicine with re- living with severe mental illness—currently, need to be more creative about how to fi- spect to Medicaid. Medicaid comprises 50% of overall public nance long-term care, while promoting ac- Thank you again for your leadership in as- mental health spending, a figure that is excess to a broader range of home and commu- sessing the needs of the nation’s medically pected to rise to 60% by 2010. More impor- nity services. We therefore support your pro- underserved. tantly, Medicaid is a safety net program that posal to establish a bipartisan Commission Sincerely, is intended to protect the most disabled and on Medicaid and look forward to working JAMES H. SCULLY JR., M.D., vulnerable children and adults struggling with you to enact legislation into law. Medical Director. with severe chronic illness and severe dis- Sincerely abilities such as mental illness. JAMES FIRMAN, AMERICAN DENTAL ASSOCIATION, At the same time, Medicaid is facing enor- President and CEO. Washington, DC, February 8, 2005. mous stress at the state level and in 2005 we Hon. GORDON SMITH, expect more and more states will be seeking AMERICAN HOSPITAL ASSOCIATION, Hon. JEFF BINGAMAN, to curtail future spending. NAMI remains ex- Washington, DC, February 4, 2005. U.S. Senate, tremely concerned that these cuts are being Hon. GORDON SMITH, Washington, DC. made at the state level without any discus- Hon. JEFF BINGAMAN, DEAR SENATORS SMITH AND BINGAMAN: On sion about the long-term impact of the pro- U.S. Senate, behalf of the American Dental Association gram. It is critically important that this de- Washington, DC. (ADA), our 152,000 members and 597 state and bate gets beyond cost and considers reforms DEAR SENATORS SMITH AND BINGAMAN: On local dental societies, we would like to offer that can make the program more effective in behalf of our 4,700 hospitals, health care sys- strong support for your legislation to estab- meeting the needs of individuals who depend tems, and other health care provider mem- lish a bipartisan commission on Medicaid on Medicaid as a health care and community bers, and our 31,000 individual members, the and the uninsured. As Congress and indi- support safety net. American Hospital Association (AHA) vidual states begin to contemplate and pro- Your legislation to establish a bipartisan strongly supports your legislation to create pose Medicaid reform options, it is critical commission on Medicaid is critically impor- a bipartisan commission on Medicaid and the to ensure an open dialogue with all Medicaid tant step forward to helping the federal gov- uninsured. Pressure is mounting to reform stakeholders. Your commission would allow ernment and the states consider and promote Medicaid, our nation’s largest health care policymakers, practitioners, provider insti- policies that improve the program and main- safety net program. Your commission would tutions, patients and others to work to- tain its role in protecting the needs of low provide the right setting to carefully delib- gether to provide necessary reforms to this income people with severe disabilities. NAMI erate needed policy changes and ensure the important program. thanks you for your leadership on this im- long-term financial stability of the program. The ADA is particularly concerned with portant issue. We look forward to working Medicaid serves over 52 million people, sur- improving access to oral health care for low- with you to move this important legislation passing the number served by the Medicare income children and adults served by the forward in 2005. program. Half of Medicaid’s beneficiaries are Medicaid program. In the 2000 landmark re- Sincerely, children and one-quarter are elderly and dis- port, Oral Health in America, the Surgeon MICHAEL J. FITZPATRICK, M.S.W., abled. It serves our nation’s most vulnerable General concluded that dental decay is the Executive Director. populations, and provides half of all the dol- most prevalent childhood disease—five times lars spent on long term care in this country. as common as asthma, particularly for this THE NATIONAL COUNCIL ON THE AGING, Reform will have enormous consequences for population. We know that only one-in-four Washington, DC, February 8, 2005. those Medicaid covers and the providers that children enrolled in Medicaid receives dental Hon. GORDON SMITH, deliver their care. The blue ribbon panel you care and only eight states currently provide Russell Office Building, propose would be a responsible approach to comprehensive adult dental benefits. Cum- Washington, DC. examining the program. bersome administrative requirements, lack DEAR SENATOR SMITH: On behalf of the Na- The American Hospital Association does of case management and inadequate pay- tional Council on the Aging (NCOA)—the not believe that reductions in the rate of ment rates affect dentist participation in the first organization formed to represent Amer- growth or caps on spending for Medicaid is program and utilization of dental services. ica’s seniors and those who serve them—is needed to achieve positive, successful mod- More must be done to improve the Medicaid grateful for your leadership on Medicaid ernizations. The AHA stands ready to assist program to ensure adequate access to oral issues and supports your proposal to estab- you in securing passage legislation for health services. lish a bipartisan Commission on Medicaid. thoughtful, deliberate change to protect our The ADA looks forward to working with Medicaid is the critical health care safety most vulnerable citizens. you to pass this legislation and address ways net for over 50 million of our nation’s most Sincerely, to strengthen and improve the dental Med- vulnerable, poorest citizens. Seniors who de- RICK POLLACK, icaid program, and the Medicaid program as pend on Medicaid are our oldest and most Executive Vice President. a whole. frail. Sincerely, While Medicaid is an extremely important AMERICAN PSYCHIATRIC ASSOCIATION, RICHARD HAUGHT, D.D.S., Arlington, VA, February 9, 2005. program, it is also quite expensive. Some President. have gone so far as to question our ability to Hon. GORDON SMITH, JAMES B. BRAMSON, D.D.S., Chairman, Senate, Special Committee on Aging, continue to afford the essential services pro- Executive Director. vided under the program. We fear that some Washington, DC. proposals to reform Medicaid may be driven Hon. JEFF BINGAMAN, Mr. BINGAMAN. Mr. President, Sen- solely by budget concerns and misplaced pri- Senator, ator SMITH and I have worked together orities, rather than what is best for our na- Washington, DC. successfully on several issues within tion and its citizens. DEAR CHAIRMAN SMITH AND SENATOR BINGA- the last year to defend and improve our Medicaid is also a very complex program. MAN: The American Psychiatric Association Nation’s health care safety, including We fear that only a small handful of mem- (APA), the nation’s oldest medical specialty on an amendment to the Medicare pre- bers in the Congress and their staff under- society representing more than 35,000 psy- stand how the program works, who it serves chiatric physicians nationwide, is pleased to scription drug bill addressing commu- and what it covers. commend your legislation to establish the nity health center payments within Largely due to our record federal budget Bipartisan Commission on Medicaid and the Medicare that passed by a vote of 94–1. deficit and increasing budget challenges in Medically Underserved. The establishment of However, none of these initiatives have the states, Medicaid this year is being con- a Commission to examine Medicaid and the been more important than the legisla- sidered for significant spending reductions medically underserved will help identify tion that we are introducing together and possible structural reforms. In our view, Medicaid’s current benefits and areas of today, along with a list of 13 other sen- we should be very cautious before moving needed strengthening. forward with far-reaching changes that could For millions of Americans with mental ill- ators—7 Republicans, 5 Democrats, and harm millions of Americans in need. nesses, Medicaid is a critical source of care. 1 Independent, 7 of which serve on the With the aging of the baby boom genera- Medicaid is especially important to states as Senate Finance Committee—to create tion, Medicaid will face increasingly serious they face deficits that threaten the stability a Bipartisan Commission on Medicaid.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1212 CONGRESSIONAL RECORD — SENATE February 9, 2005 Joining Senator SMITH and I as origi- nearly 5 million people lost employer from Medicaid coverage to Medicare, nal cosponsors are: Senators SNOWE, coverage between 2000 and 2003, Med- some of the States believe the JEFFORDS, SANTORUM, KERRY, DEWINE, icaid added nearly 6 million to its pro- ‘‘clawback’’ will cost them more than DURBIN, CHAFEE, LINCOLN, COLLINS, gram. Costs rose in Medicaid precisely if they continued to provide prescrip- NELSON of Nebraska, VOINOVICH, because it is working—and working tion drug coverage themselves. CORZINE, and COLEMAN. well—as our Nation’s safety net pro- The prescription drug bill also im- I will not go into the specifics of the gram. pacted States financially in a host of legislation, as Senator SMITH has ex- Consequently, as noted previously, other ways that went largely unno- plained how the Commission would be Medicaid now provides health care to ticed, including those that increased formed and would operate. Instead, I over 50 million low-income Americans, Medicaid costs for dual eligibles as a will take the time to explain why it is including one-quarter of all New Mexi- result of increases in the Medicare Part that the formation of commission is so cans. B deductible and increased payments important. This is precisely why I so strongly to the new Medicare Advantage plans. Medicaid is a critically important oppose block grants or any arbitrary The law also required States to help health care safety net program that caps on Federal spending for Medicaid. enroll low-income Medicare bene- provides health care services to over 50 If we had caps in 2000 and Medicaid ficiaries into the low-income drug ben- million low-income children, pregnant could not have responded to the eco- efit. women, seniors, and people with dis- nomic downturn, we would have 50 mil- In fact, the Congressional Budget Of- abilities. lion uninsured today. Medicaid is a fice, or CBO, estimated that States had In New Mexico, Medicaid is the single Federal-State partnership and an arbi- $5.8 billion in added enrollment of dual largest payor for health care. All told, trary cap of the Federal share to eligibles in Medicaid due to what they Medicaid covers the health care costs States is nothing more than the Fed- refer to as a ‘‘woodworking’’ effect on of more than 400,000 New Mexicans— eral Government trying to shift all dual eligibles trying to sign up for the nearly one-quarter of our State’s popu- risk to States. low-income drug benefit discovering lation. On the other hand, it is also not true they are also eligible for Medicaid ben- Although the least expensive to that Medicaid is not in need of im- efits. CBO further estimated that cover, those who benefit most from provement. The administration is States had $3.1 billion in new adminis- Medicaid are nearly 300,000 of New rightly concerned about certain State trative and other costs added by the Mexico’s children. Of the various popu- efforts to provide ‘‘enhanced pay- prescription drug legislation. lations covered, children represent al- ments’’ to institutional providers as a States had no ability to ‘‘have a con- most two-thirds of all our State’s bene- significant factor in driving Medicaid versation’’ with the Federal Govern- ficiaries, which is the highest ratio in costs. Secretary Leavitt, in a speech to ment about the imposition of such costs on them when the Medicare the Nation according to data from the the World Health Care Congress on prescription1rrug drug bill was passed, Kaiser Family Foundation. February 1, 2005, referred to State ef- but they should have and will have in However, Medicaid is much more forts to maximize Federal funding as our Bipartisan Commission on Med- than just a safety net program for chil- ‘‘the Seven Harmful Habits of Highly icaid. dren from low-income families. It also Desperate States.’’ As a result, he Furthermore, due to a recent serves low-income adults and pregnant called for ‘‘an uncomfortable, but nec- rebenchmarking done by the Depart- women. It also serves senior citizens essary, conversation with our funding ment of Commerce’s Bureau of Eco- and people with disabilities who re- partners, the States.’’ nomic Affairs with respect to the cal- Unfortunately, Medicaid reform driv- ceive the bulk of their health care culation of per capita income in the en by a budget reconciliation process is through Medicare but who still rely on States and the application of that data Medicaid for a substantial share of not a dialogue or conversation. It is a by the Centers for Medicare and Med- their benefits and cost-sharing assist- one-way mechanism for the Federal icaid Services, or CMS, the Medicaid ance. Medicaid also provides critically Government to impose its will on the Federal Medical Assistance Percent- needed funding to support our Nation’s States. The administration’s budget age, or FMAP, many States, including safety net providers, including dis- calls for $60 billion in cuts to Medicaid, New Mexico, will see a rather dramatic proportionate share hospitals. including $40 billion that would di- decline in their Federal Medicaid In the President’s budget that was rectly harm States. matching percentage. In fact, due to just released, the administration has Where is the conversation in that? In the rebenchmarking and other factors, proposed cutting Medicaid by $60 bil- fact, the States have a fair amount of 29 states will lose Medicaid funding in lion over the next 10 years. Secretary complaint with Federal cost shifting to 2006 by an amount of in excess of $800 Leavitt recently testified in the Senate the States. While I certainly do not million. Again, this occurred with no Finance Committee that he believes speak for the National Governors’ As- dialogue or conversation. ‘‘Medicaid is flawed and inefficient.’’ sociation or National Conference of Mr. President, I agree with Secretary There are others that believe Med- States Legislatures, some of those Leavitt that there should be a con- icaid is not working and that costs are grievances are rather obvious and I versation among all the stakeholders spiraling out of control and so the pro- share them. about the future of Medicaid and about gram needs dramatic overhaul. For example, according to data from what are the fair division of respon- In contrast. there are also those that Kaiser Family Foundation, 42 percent sibilities between the Federal Govern- will attest that there is absolutely of the costs in Medicaid are due to ment, States, local governments, pro- nothing wrong with Medicaid. I firmly Medicare dual eligible beneficiaries. viders, and the over 50 million people believe neither point of view is correct. These dual eligibles are also a major served by Medicaid. It is for this reason First, Medicaid is far from broken. driver of health costs in Medicare and that the Bipartisan Commission on The cost per person in Medicaid rose this is a prime example of where better Medicaid includes all of those stake- just 4.5 percent per year from 2000 to coordination between Medicare and holders at the table to have a full dis- 2004. That compares to a 12 percent rise Medicaid could improve both programs. cussion and debate about the future of in the annual cost of premiums in the States have been calling for better co- Medicaid. private sector. If that is the compari- ordination for years to no avail. It is our intent that the rec- son, Medicaid seems to be about the In the Medicare prescription drug bill ommendations would not be focused on most efficient health care program that was passed by the Congress in cutting costs but about improving around, even more so than Medicare. 2003, the Federal Government imposed health care delivery to our Nation’s The overall cost of Medicaid is going what is referred to as a ‘‘clawback’’ most vulnerable citizens. However, up largely, not because the program is mechanism which forces the States to they are not mutually exclusive. In inefficient, but because more and more help pay for the Federally-passed Medi- fact, both can and should be done. people find themselves depending on care prescription drug benefit. Al- There are those that will argue that this safety net program for their though States will derive a financial a commission may not reach a con- health care during a recession. When windfall from moving dual eligibles sensus to make recommendations to

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1213 improve the Medicaid program and so Medicaid is a critically important program sible and reflects our long-standing is not worth the effort. I would strong- helping meet the health care needs of a di- commitments to provide health care ly disagree and point to the fact that verse population through four different pro- for many of the low-income and unin- the National Academy for State Health grams by serving as: sured through the Medicaid program. (1) a source of traditional insurance for Policy recently convened a workgroup poor children and some of their parents; Although we face growing budget defi- they called Making Medicaid Work for (2) a payer for a complex range of acute cits and ever tightening Federal budg- the 21st Century that included many of and long term care services for the frail el- ets, the Federal Government cannot the Medicaid stakeholders and came derly and people with disabi1ities; simply abandon its responsibility to forth with a 78-page report with numer- (3) a source of wrap-around coverage or as- help states provide health care access ous recommendations with respect to sistance for low-income seniors and people to our most vulnerable citizens. eligibility, benefits, and financing. Ac- with disabilities on Medicare, including cov- Today, Medicaid is the fastest grow- cording to the report entitled Improv- erage of additional benefits and assistance ing component of State budgets, ac- ing Health and Long-Term Care Cov- with Medicare premiums and copayments; cording to the most recent survey of and, erage for Low-Income Americans, the (4) the primary source of funding to safety the National Governors Association. workgroup attempted to ‘‘assess areas net providers that serve both Medicaid pa- Total Medicaid spending nationwide where it would be most productive to tients and the 45 million uninsured. now averages 22 percent of State budg- focus on improvement in the program, In recognition of this diversity, the bill’s ets, while State spending on all and to develop consensus around rec- Medicaid Commission would be comprised of healthcare functions is approximately ommendations for reform.’’ I would un- 23 members that reflect all the stakeholders 31 percent. However, although its costs derscore the emphasis of the and components in the Medicaid program. are increasing, the annual growth in workgroup on ‘‘improving’’ Medicaid Those members include the following: One Medicaid spending on a per capita basis and health coverage. This should be the Member appointed by the President; Two House members (current or former) ap- is growing more slowly, at 4.5 percent a primary and overriding goal of the Bi- pointed by the Speaker and Minority Leader; year, than the private sector where partisan Commission on Medicaid that Two Senators (current or former) appointed health insurance premiums have in- we are introducing today. by the Majority and Minority Leader; Two creased an average of 12.5 percent a Before closing, I once again thank Governors designated by NGA; Two Legisla- year for the last 3 years. Senator SMITH, the other 12 Senate co- tors designated by NCSL; Two state Med- The economic downturn which State sponsors, and the various stake- icaid directors designated by NASMD; Two economies experienced several years holders—State and local governments, local elected officials appointed by NACo; ago, and from which many States are providers, and consumers that have en- Four consumer advocates appointed by congressional leadership; Four providers ap- only now emerging, has continued to dorsed this legislation—in an effort, leave many families jobless and with- not to cut Medicaid, but to make it pointed by congressional leadership; Two program experts appointed by Comptroller out health insurance, forcing them to more efficient and effective in the de- General. turn to Medicaid. This has put an enor- livery of care to our Nation’s most vul- The Commission has just one year to hold mous strain on the states already nerable citizens. public hearings, conduct its evaluations and strapped with budget scarcities. Many I ask unanimous consent to have a deliberations, and issue its report and rec- States reduced Medicaid benefits last copy of the Fact Sheet accompanying ommendations to the President, the Con- year and even more restricted Medicaid gress, and the public. this legislation printed in the RECORD. eligibility in an effort to satisfy their There being no objection, the mate- Ms. SNOWE. Mr. President, I am budgetary obligations. rial was ordered to be printed in the pleased to join with a number of my In fact, the Chairman of the National RECORD, as follows: colleagues in cosponsoring the Bipar- Governors Association, Governor War- FACT SHEET tisan Commission on Medicaid and the ner of Virginia, and the Vice Chairman, BIPARTISAN COMMISSION ON MEDICAID Medically Underserved Act of 2005, Governor Huckabee of Arkansas, re- Senators Gordon Smith (R–OR), Jeff which Senator SMITH and Senator cently warned Congress that if Federal Bingaman (D–NM), Olympia Snowe (R–ME), BINGAMAN are introducing today. spending for Medicaid were capped and Jim Jeffords (I–VT), Rick Santorum (R–PA), The Medicaid program provides es- John Kerry (D–MA), Mike DeWine (R–OH), the number of Medicaid recipients in- Richard J. Durbin (D–IL), Lincoln D. Chafee sential medical services to low-income creased sharply, States would face dire (R–RI) Blanche L. Lincoln (D–AR), Susan and uninsured children and their fami- fiscal consequences. According to the Collins (R–ME), Ben Nelson (D–NE), George lies, pregnant women, senior citizens, Governors, total costs for State Med- Voinovich (R–OH), Jon S. Corzine (D–NJ), individuals with disabilities, and oth- icaid programs are growing at an an- and Norm Coleman (R–MN) are introducing ers. Last year, nearly 55 million Ameri- nual rate of 12 percent, and total Med- legislation that calls for the creation of a Bi- cans were enrolled in Medicaid, includ- icaid expenditures now exceed that of partisan Commission on Medicaid. ing more than 300,000 in Maine where Just as the Balanced Budget Act of 1997 Medicare, due primarily to factors be- called for the creation of the Bipartisan one in five people now receive health yond States’ control, especially the Commission on the Future of Medicare, the care services through MaineCare, our costs of long-term care: Medicaid now Medicaid program should also undergo a State’s Medicaid program. accounts for 50 percent of all State comprehensive and thorough review of what Individuals who rely upon Medicaid- long-term care spending and pays for is and is not working and how to improve funded health services have no other the care of 70 percent of those in nurs- service delivery and quality in the most option. Without Medicaid, they would cost-effective way possible. ing homes. This legislation recognizes that deter- join the ever growing ranks of the un- At this time, therefore, it is crucial mining the future of Medicaid is not simply insured in this country, which now that we continue to provide sufficient about cost. While Medicaid is estimated to numbers an all-time high of more than Federal funding for Medicaid, which cost the federal government $188 billion in 45 million Americans who lacked has worked so well since it began pro- FY 2005, attention also should be given to health coverage at some point last viding care for some of our most vul- the diverse population served. Over 50 mil- year. These two groups represent a nerable populations 40 years ago. We lion people receive care through Medicaid, total of 100 million Americans who must proceed cautiously before making including low-income seniors, people with would have no health insurance were it disabilities, children, and pregnant women. any significant changes in the pro- Further, it is important to note that while not for Medicaid coverage which gram, and the Medicaid Commission costs are increasing, Medicaid is growing at reaches just over half of them. And to established by this bill will ensure that a slower per capita rate than either Medicare the extent that the Federal Govern- necessary deliberative approach. or the private sector. ment reduces its support for Medicaid The concept of a commission to un- The Medicaid Commission would be funding, the numbers of uninsured dertake a comprehensive review of the charged with a number of duties, including Americans will rise at an even faster Medicaid program and recommend pos- reviewing and making recommendations rate. sible changes is similar to the commis- with respect to the long-term goals, populations served, financial sustainability (fed- As Congress begins to consider the sion which Congress established in the eral and state responsibility), interaction administration’s Fiscal Year 2006 Budg- late 1990s, the Bipartisan Commission with Medicare and the uninsured, and the et, I believe we must take a balanced on the Future of Medicare. That com- quality of care provided. approach that is both fiscally respon- mission examined various aspects of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1214 CONGRESSIONAL RECORD — SENATE February 9, 2005 the Medicare program to determine ber 2002. The FMAP for FY 2003 was de- I respect the authority of States to areas that should be modernized and termined on the basis of State per cap- enact laws to protect their legitimate later recommended a number of ita income over the 3-year period of interests in conserving fish and game, changes, including a prescription drug 1998 through 2000, when State econo- as well as providing opportunities for benefit. Those recommendations initi- mies were growing significantly. Yet in in-State and out-of-State residents to ated the process of congressional de- 2003, when this matching rate was in hunt and fish. That’s what this legisla- bate and consideration of reforming effect, a serious economic downturn tion says—we respect that State right. the Medicare program, culminating in was affecting many State budgets, and Sportsmen are ardent conservation- the Medicare Prescription Drug, Im- that downturn has contributed greatly ists. They support wildlife conserva- provement, and Modernization Act to the growth of Medicaid for several tion not only through the payment of which passed in 2003 and, among other years now. State and local taxes and other fees, reforms, included the new prescription We recognized this situation in the but also through local non-profit con- drug benefit for seniors which will take last Congress and provided for State servation efforts and by volunteering effect next year. fiscal relief by providing a temporary their time. The new Medicare prescription drug increase in the Federal Medicaid For example, in Nevada there are benefit will have a major impact on matching rate, which provided $10 bil- great groups such as Nevada Bighorns Medicaid since it will shift Federal ex- lion in fiscal relief to States during fis- Unlimited and the Fraternity of Desert penditures for drug benefits currently cal 2003 and 2004, when we passed the Bighorn. These are dedicated sports- provided by Medicaid for the ‘‘dual eli- Jobs and Growth Tax Relief Reconcili- men who spend countless hours and gible’’ population—those who are eligi- ation Act of 2003. But that fiscal relief much of their own money building ble for both Medicaid and Medicare—to has sunset. ‘‘guzzlers’’ in the desert, which help Medicare. However, this will not lift One of the duties of the Medicaid provide a reliable source of water for most of the financial responsibility and Commission would be to make rec- bighorn sheep and other wildlife. With- burden of prescription drug costs from ommendations on how to make Federal out these efforts it would be extremely the States. Recent estimates by the matching payments more equitable hard for bighorn sheep to survive in National Governors Association show with respect to the States and the pop- much of their historic range in Nevada that currently 42 percent of all Med- ulations they serve, as well as how to because much of their historic range icaid dollars are spent on ‘‘dual eligi- make them more responsive to changes has been fragmented by development. ble’’ Medicare beneficiaries, although in States’ economic conditions. Today, Southern Nevada is in the they comprise only a small percentage The fact is, Medicaid and Medicare midst of a very difficult 500-year of Medicaid cases, and they are covered have complex responsibilities, financ- drought, and the work of the conserva- by Medicare for other services. ing, and interrelationships and that is tion groups has saved thousands of our The new prescription drug program why a Medicaid Commission is vital for bighorn sheep. The deep involvement of local sports- includes a provision known as the the future state budgets and the Med- men in protecting and conserving wild- ‘‘claw-back’’ which will require States icaid program as a whole. life is one important justification for to remit funds to the Federal Govern- I urge my colleagues to join us sup- the traditional resident/non-resident ment, based on their inflation-adjusted porting this legislation to help sustain distinctions, and provides the motiva- 2003 per person Medicaid expenditures and improve this critical health care tion for our legislation. The regulation for prescription drugs for these bene- safety net for our most vulnerable of wildlife is traditionally within a ficiaries. Although the percentage Americans. State’s purview, and this legislation share of drug costs that States must simply affirms the traditional role of pay for the dual eligibles will decline By Mr. REID (for himself, Mr. States in the regulation of fish and over time, from 90 percent to 75 per- BAUCUS, Mr. STEVENS, Mr. NEL- game. cent, States will continue to pay the SON of Nebraska, and Mr. EN- This bill is time sensitive. The out- lion’s share of dual eligibles’ prescrip- SIGN): of-State hunters that brought the suit tion drug costs. Many States are just S. 339. A bill to reaffirm the author- in the 9th Circuit are now threatening now recognizing this fact and are look- ity of States to regulate certain hunt- to get a restraining order from the ing for ways to accommodate these on- ing and fishing activities; to the Com- Federal court to delay the opening of going costs. mittee on the Judiciary. the big game season in Nevada this Unanswered questions like these re- Mr. REID. Mr. President, today I am year. This threat itself is causing great main concerning the ultimate impact introducing the ‘‘Reaffirmation of damage to conservation and fish and of the Medicare drug program on State State Regulation of Resident and Non- game management in Nevada. budgets and Medicaid programs. One of resident Hunting and Fishing Act of According to The Las Vegas Sun, Ne- the primary duties of the Medicaid 2005.’’ This legislation explicitly reaf- vada’s Wildlife Department has already Commission would be to review and firms each State’s right to regulate borrowed $3 million to get through the make recommendations on the inter- hunting and fishing. I am pleased that fiscal year, eliminated three positions, action of Medicaid with Medicare and Senators BEN NELSON, JOHN ENSIGN, and has plans to eliminate five more. other Federal health programs. MAX BAUCUS, and TED STEVENS are Delaying hunting seasons while the Moreover, the formula for calcu- joining me in sponsoring this impor- courts resolve this issue could cause lating the Federal matching rate, tant bill. the Department to literally shut down. known as the Federal Medical Assist- This is a Nevada issue, but it also is Uncertainty with regard to hunting ance Percentage, FMAP, which deter- a national issue, as a recent Federal and fishing regulations is bad for the mines the Federal Government’s share circuit court ruling undermines tradi- conservation of Nevada’s resources. of a State’s expenditures for Medicaid tional hunting and fishing laws. In This bill needs to pass now. I look for- each year, has also contributed to the Conservation Force v. Dennis Manning, ward to working with my colleagues to Medicaid problems that States are fac- the Ninth Circuit Court of Appeals expedite passage of this important leg- ing. The FMAP formula is designed so ruled that State laws that distinguish islation. I ask that the text of this bill that the Federal Government pays a between State residents and non-resi- be printed in the RECORD. larger portion of Medicaid costs in dents for the purpose of affording hunt- There being no objection, the bill was States with a per capita income lower ing and related privileges are constitu- ordered to be printed in the RECORD, as than the national average. However, tionally suspect. follows: This threatens the conservation of the formula looks back 3 years, to S. 339 points in time that are not necessarily wildlife resources and recreational op- Be it enacted by the Senate and House of Rep- reflective of a State’s current financial portunities. Although the Ninth Cir- resentatives of the United States of America in situation. cuit found the purposes of such regula- Congress assembled, In fiscal year 2003, for example, the tion to be sound, the court questioned SECTION 1. SHORT TITLE. FMAP for that year was calculated in the validity of tag limits for non-resi- This Act may be cited as the ‘‘Reaffirma- 2001 for the fiscal year beginning Octo- dent hunters. tion of State Regulation of Resident and

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Mr. CORNYN submitted an amend- (a) IN GENERAL.—It is the policy of Con- ensure that foreign assistance pro- ment intended to be proposed by him to the gress that it is in the public interest for each grams focus on the development of all bill S. 5, supra; which was ordered to lie on State to continue to regulate the taking for the institutions that help democracies the table. any purpose of fish and wildlife within its work and protect basic human rights. SA 12. Mr. FEINGOLD proposed an amend- boundaries, including by means of laws or While we focus on those needs ment to the bill S. 5, supra. regulations that differentiate between resi- abroad, we cannot let those basic free- f dents and nonresidents of such State with re- doms erode at home. The Constitution spect to the availability of licenses or per- makes very clear that freedom of the TEXT OF AMENDMENTS mits for taking of particular species of fish or wildlife, the kind and numbers of fish and press should not be infringed. A corner- SA 4. Mrs. FEINSTEIN (for herself wildlife that may be taken, or the fees stone of our society is the open market and Mr. BINGAMAN) submitted an charged in connection with issuance of li- of information which can be shared amendment intended to be proposed by censes or permits for hunting or fishing. through ever expanding mediums. The her to the bill S. 5, to amend the proce- (b) CONSTRUCTION OF CONGRESSIONAL SI- media serves as a conduit of informa- dures that apply to consideration of LENCE.—Silence on the part of Congress shall tion between our governments and interstate class actions to assure fairer not be construed to impose any barrier under communities across the country. outcomes for class members and de- clause 3 of Section 8 of Article I of the Con- It is important that we ensure restitution (commonly referred to as the fendants, and for other purposes; as fol- ‘‘commerce clause’’) to the regulation of porters certain rights and abilities to lows: hunting or fishing by a State or Indian tribe. seek sources and report appropriate in- On page 24, before line 22, insert the fol- SEC. 3. LIMITATIONS. formation without fear of intimidation lowing: Nothing in this Act shall be construed— or imprisonment. This includes the (c) CHOICE OF STATE LAW IN INTERSTATE (1) to limit the applicability or effect of right to refuse to reveal confidential CLASS ACTIONS.—Notwithstanding any other any Federal law related to the protection or sources. Without such protection, choice of law rule, in any class action, over management of fish or wildlife or to the reg- many whistleblowers will refuse to step which the district courts have jurisdiction, ulation of commerce; forward and reporters will be dis- asserting claims arising under State law con- (2) to limit the authority of the United inclined to provide our constituents cerning products or services marketed, sold, or provided in more than 1 State on behalf of States to prohibit hunting or fishing on any with the information that they have a portion of the lands owned by the United a proposed class, which includes citizens of States; or right to know. Promises of confiden- more than 1 such State, as to each such (3) to abrogate, abridge, affect, modify, su- tiality are essential to the flow of in- claim and any defense to such claim— persede or alter any treaty-reserved right or formation the public needs about its (1) the district court shall not deny class other right of any Indian tribe as recognized government. certification, in whole or in part, on the by any other means, including, but not lim- The Free Flow of Information Act ground that the law of more than 1 State ited to, agreements with the United States, closely follows existing Department of will be applied; Executive Orders, statutes, and judicial de- Justice guidelines for issuing sub- (2) the district court shall require each crees, and by Federal law. poenas to members of the news media. party to submit their recommendations for SEC. 4. STATE DEFINED. subclassifications among the plaintiff class These guidelines were adopted in 1973 based on substantially similar State law; and For purposes of this Act, the term ‘‘State’’ and have been in continuous operation includes the several States, the District of (3) the district court shall— Columbia, the Commonwealth of Puerto for more than 30 years. The legislation (A) issue subclassifications, as determined Rico, Guam, the Virgin Islands, American codifies the conditions that must be necessary, to permit the action to proceed; Samoa, and the Commonwealth of the North- met by the government to compel the or ern Mariana Islands. identity of confidential sources. (B) if the district court determines such I am hopeful that my colleagues will subclassifications are an impracticable By Mr. LUGAR: give careful consideration to the mer- method of managing the action, the district court shall attempt to ensure that plaintiffs’ S. 340. A bill to maintain the free its of this legislation. It provides an flow of information to the public by State laws are applied to the extent prac- appropriate approach and careful bal- tical. providing conditions for the federally ance to protect our freedom of informa- compelled disclosure of information by tion while still enabling legitimate law SA 5. Mr. PRYOR (for himself, Mr. certain persons connected with the enforcement access to information. BINGAMAN, and Ms. CANTWELL) pro- news media; to the Committee on the f posed an amendment to the bill S. 5, to Judiciary. amend the procedures that apply to Mr. LUGAR. Mr. President, I rise AMENDMENTS SUBMITTED AND PROPOSED consideration of interstate class ac- today to introduce the Free Flow of In- tions to assure fairer outcomes for formation Act of 2005. This bill was SA 4. Mrs. FEINSTEIN (for herself and Mr. class members and defendants, and for originally introduced in the House of BINGAMAN) submitted an amendment in- other purposes; as follows: Representatives by my friend and col- tended to be proposed by her to the bill S. 5, to amend the procedures that apply to con- On page 5, between lines 2 and 3, insert the league, Congressman MIKE PENCE. I ap- following: plaud the initiative by my colleague to sideration of interstate class actions to assure fairer outcomes for class members and ‘‘(1) ATTORNEY GENERAL.—The term ‘attor- address this important issue and I am defendants, and for other purposes. ney general’ means the chief legal officer of pleased to have this opportunity to be SA 5. Mr. PRYOR (for himself, Mr. SALA- a State. the Senate sponsor. ZAR, Mr. BINGAMAN, and Ms. CANTWELL) pro- On page 5, line 3, strike ‘‘(1)’’ and insert Last year, Congress passed legisla- posed an amendment to the bill S. 5, supra. ‘‘(2)’’. tion I proposed that directed the State SA 6. Mr. CORNYN submitted an amend- On page 5, line 5, strike ‘‘(2)’’ and insert Department to increase and add great- ment intended to be proposed by him to the ‘‘(3)’’. On page 5, line 12, strike the period at the er focus to international initiatives to bill S. 5, supra; which was ordered to lie on the table. end and insert the following: ‘‘, but does not support the development of free, fair, SA 7. Mr. CORNYN submitted an amend- include any civil action brought by, or on be- legally protected and sustainable ment intended to be proposed by him to the half of, any attorney general.’’. media in developing countries. bill S. 5, supra; which was ordered to lie on On page 5, line 13, strike ‘‘(3)’’ and insert I am pleased to announce that the the table. ‘‘(4)’’. State Department and the National SA 8. Mr. CORNYN submitted an amend- On page 5, line 17, strike ‘‘(4)’’ and insert Endowment for Democracy have em- ment intended to be proposed by him to the ‘‘(5)’’. braced this initiative and are now pro- bill S. 5, supra; which was ordered to lie on On page 5, line 21, strike ‘‘(5)’’ and insert the table. ‘‘(6)’’. ceeding with implementing this initia- SA 9. Mr. CORNYN submitted an amend- On page 6, line 1, strike ‘‘(6)’’ and insert tive. ment intended to be proposed by him to the ‘‘(7)’’. Our Founders understood that free bill S. 5, supra; which was ordered to lie on On page 6, between lines 5 and 6, insert the press is a cornerstone of democracy. To the table. following:

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‘‘(8) STATE.—The term ‘State’ means each to all eligible class members regarding the accessible by posting such information on its of the several States of the United States, effect of the class action suit on their rights website. the District of Columbia, the Commonwealth to seek redress in another manner if they do of Puerto Rico, the Commonwealth of the not affirmatively request to be included in SA 9. Mr. CORNYN submitted an Northern Mariana Islands, and any territory the class.’’. amendment intended to be proposed by or possession of the United States. him to the bill S. 5, to amend the pro- On page 14, strike lines 20 and 21, and in- SA 8. Mr. CORNYN submitted an cedures that apply to consideration of sert the following: amendment intended to be proposed by interstate class actions to assure fairer (1) by striking subsection (d) and inserting him to the bill S. 5, to amend the pro- outcomes for class members and de- the following: cedures that apply to consideration of ‘‘(e) As used in this section— fendants, and for other purposes; which ‘‘(1) the term ‘attorney general’ means the interstate class actions to assure fairer was ordered to lie on the table; as fol- chief legal officer of a State; and outcomes for class members and de- lows: ‘‘(2) the term ‘State’ means each of the fendants, and for other purposes; which On page 26, strike line 21, and insert the several States of the United States, the Dis- was ordered to lie on the table; as fol- following: trict of Columbia, the Commonwealth of lows: SEC. 9. RIGHT OF INTERLOCUTORY APPEAL. Puerto Rico, the Commonwealth of the On page 26, between lines 5 and 6, insert (a) IN GENERAL.—Section 1292(a) is amend- Northern Mariana Islands, and any territory the following: ed by adding at the end the following: or possession of the United States.’’; and (d) REPORTING OF CLASS ACTION SETTLE- ‘‘(4) Orders of the district courts of the On page 15, line 7, insert ‘‘, but does not in- MENTS.— United States granting or denying class cer- clude any civil action brought by, or on be- (1) INITIAL REPORT.—Not later than 10 days tification under rule 23 of the Federal Rules half of, any attorney general’’ before the after court approval of a class action settle- of Civil Procedure, if notice of appeal is filed semicolon at the end. ment under rule 23(e) of the Federal Rules of within 10 days after entry of the order. An Civil Procedure, the attorney for the cer- appeal under this paragraph shall stay all SA 6. Mr. CORNYN submitted an tified class shall submit a report to the Ad- discovery and other proceedings in the dis- amendment intended to be proposed by ministrative Office of the United States trict court unless the court finds, upon the him to the bill S. 5, to amend the pro- Courts, which contains— motion of any party, that specific discovery cedures that apply to consideration of (A) the title of the case; is necessary to preserve evidence or to pre- interstate class actions to assure fairer (B) the jurisdiction of the court; vent undue prejudice to that party.’’. outcomes for class members and de- (C) the name of the presiding judge; (b) CONFORMING AMENDMENT.—Rule 23(f) of (D) the date on which the case was filed; the Federal Rules of Civil Procedure is fendants, and for other purposes; which amended by striking ‘‘An appeal’’ and insert- was ordered to lie on the table; as fol- (E) a definition of the putative class, including the number of persons in the cer- ing ‘‘Except as provided under section lows: tified class; 1292(a)(4) of title 28, United States Code, an On page 26, strike line 21, and insert the (F) the name of the defendants, attorneys appeal’’. following: for the defendants, and the nature of the SEC. 10. EFFECTIVE DATE. SEC. 9. CLASS COUNSEL FEES. business of each defendant; Rule 23(h) of the Federal Rules of Civil (G) a description of the claim action by SA 10. Mr. CORNYN submitted an Procedure is amended— court certification; amendment intended to be proposed by (1) in paragraph (1), by inserting ‘‘The (H) the name of the firms and attorneys for him to the bill S. 5, to amend the pro- claim shall include the number of hours the certified class; cedures that apply to consideration of worked on the case each day by each attor- (I) the amount of the attorneys’ fees interstate class actions to assure fairer ney, paralegal, or other individual, a descrip- sought and the amount of such fees approved tion of the activities performed each day by by the court; outcomes for class members and de- each individual, and the standard hourly (J) the number of persons in the certified fendants, and for other purposes; which rate charged for each individual.’’ after class determined to be eligible for benefits; was ordered to lie on the table; as fol- ‘‘time set by the court.’’; and (K) the total amount of monetary damages lows: (2) by adding at the end the following: awarded, including the value of any cy pres On page 8, beginning on line 7, strike ‘‘The ‘‘(5) LIMITATION.— or similar pay out; and court’’ and all that follows through line 13. ‘‘(A) DEFINITION.—For purposes of this (L) a specific description of injunctive or paragraph, the term ‘lodestar value’ means similar relief approved by the court. SA 11. Mr. CORNYN submitted an the amount equal to the number of hours (2) SUBSEQUENT REPORT.—Not later than amendment intended to be proposed by worked on a class action case multiplied by the earliest of the date of the final distribu- him to the bill S. 5, to amend the pro- the actual hourly rates customarily charged tion of payments to class members, the date cedures that apply to consideration of by lawyers of comparable experience. of the reversion of any uncollected benefit to interstate class actions to assure fairer ‘‘(B) IN GENERAL.—The court may not the defendants, or 360 days after the date on award attorney fees in a class action under which the court approves a class action set- outcomes for class members and de- this subsection in an amount in excess of 400 tlement under rule 23(e) of the Federal Rules fendants, and for other purposes; which percent of the lodestar value for such class of Civil Procedure, the attorney for the cer- was ordered to lie on the table; as fol- action.’’. tified class shall submit a report to the Ad- lows: SEC. 10. EFFECTIVE DATE. ministrative Office of the United States On page 21, line 3, strike ‘‘all of the Courts, which contains— claims’’ and all that follows through ‘‘(IV)’’ SA 7. Mr. CORNYN submitted an (A) the total amount of the attorneys’ fees on page 21, line 8. paid, a description of the method used to cal- amendment intended to be proposed by culate such fees, and a detailed report of all SA 12. Mr. FEINGOLD proposed an him to the bill S. 5, to amend the pro- billing records; amendment to the bill S. 5, to amend cedures that apply to consideration of (B) the number of persons in the certified the procedures that apply to consider- interstate class actions to assure fairer class determined eligible to receive benefits, ation of interstate class actions to as- outcomes for class members and de- the number of such persons who received sure fairer outcomes for class members fendants, and for other purposes; which benefits, and the amount of benefits paid to and defendants, and for other purposes; was ordered to lie on the table; as fol- such persons; as follows: lows: (C) an accounting of the total value transferred, including the value of any cy pres or On page 22, strike line 22 and all that fol- On page 14, strike line 12 and insert the fol- similar pay out, and the value paid by the lows through page 23, line 4, and insert the lowing: defendants in noncash benefits; and following: eral or State officials. (D) if any benefit remains uncollected or ‘‘(1) IN GENERAL.—Section 1447 shall apply ‘‘§ 1716. Opt-in class has reverted to the defendants, the total to any removal of a case under this section, ‘‘(a) IN GENERAL.—Notwithstanding any value of such benefit. except that— other provision of law, upon the motion of a (3) RULEMAKING.—The Administrative Of- ‘‘(A) not later than 60 days after the date party in a class action under this chapter, a fice of the United States Courts shall pro- on which a motion to remand is made, the court may refuse to certify a class under rule mulgate regulations regarding the content, district court shall— 23 of the Federal Rules of Civil Procedure un- format, and timing of the reports required to ‘‘(i) complete all action on the motion; or less each member of the class has affirma- be submitted under paragraphs (1) and (2). ‘‘(ii) issue an order explaining the court’s tively requested to be included in the class. (4) PUBLICATION.—The Administrative Of- reasons for not ruling on the motion within ‘‘(b) NOTICE.—If the court imposes the re- fice of the United States Courts shall make the 60 day period; quirement described in subsection (a), the the information contained in the report sub- ‘‘(B) not later than 180 days after the date court shall direct the best notice practicable mitted under paragraphs (1) and (2) publicly on which a motion to remand is made, the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 9, 2005 CONGRESSIONAL RECORD — SENATE S1217 district court shall complete all action on Agenda Item 17: S. 153—A bill to di- New Mexico associated with the Middle the motion unless all parties to the pro- rect the Secretary of the Interior to Rio Grande Project, and for other pur- ceeding agree to an extension; and conduct a resource study of the Rim of poses. ‘‘(C) notwithstanding section 1447(d), a the Valley Corridor in the State of Agenda Item 35: S. 231—Mr. Smith, et court of appeals may accept an appeal from al.—a bill to authorize the Bureau of an order of a district court granting or deny- California to evaluate alternatives for ing a motion to remand a class action to the protecting the resources of the Cor- Reclamation to participate in the reha- State court from which it was removed if ap- ridor, and for other purposes. bilitation of the Wallowa Lake Dam in plication is made to the court of appeals not Agenda Item 18: S. 156—A bill to des- Oregon, and for other purposes. less than 7 days after entry of the order. ignate the Ojito Wilderness Study Area Agenda Item 36: S. 232—A bill to au- f as wilderness, to take certain land into thorize the Secretary of the Interior, trust for the Pueblo of Zia, and for acting through the Bureau of Reclama- NOTICES OF HEARINGS/MEETINGS other purposes. tion, to assist in the implementation of PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Agenda Item 20: S. 163—A bill to es- fish passage and screening facilities at Mr. COLEMAN. Mr. President, I tablish the National Mormon Pioneer non-Federal water projects, and for would like to announce for the infor- Heritage Area in the State of Utah, and other purposes. Agenda Item 37: S. 243—A bill to es- mation of the Senate and the public for other purposes. tablish a program and criteria for Na- that the Permanent Subcommittee on Agenda Item 22: S. 176—A bill to ex- tional Heritage Areas in the United Investigations of the Committee on tend the deadline for commencement of Homeland Security and Governmental States, and for other purposes. construction of a hydroelectric project Agenda Item 38: S. 244—Mr. Thomas— Affairs will hold a hearing entitled in the State of Alaska. ‘‘The United Nations’ Management and a bill to extend the deadline for com- Agenda Item 23: S. 177—A bill to fur- mencement of construction of a hydro- Oversight of the Oil-for-Food Pro- ther the purpose of the Reclamation gram.’’ This is the second of several electric project in the State of Wyo- Projects Authorization and Adjust- ming. hearings the Subcommittee intends to ment Act of 1992 by directing the Sec- hold on this matter. The Subcommit- Agenda Item 39: S. 249—Mr. Reid, et retary of the Interior, acting through al.—a bill to establish the Great Basin tee’s first hearing on the Oil-for-Food the Commissioner of Reclamation, to Program (‘‘OFF Program’’) laid the National Heritage Route in the States carry out an assessment of demonstra- foundation for future hearings by de- of Nevada and Utah. tion programs to control salt cedar and scribing how the OFF Program was ex- Agenda Item 40: S. 252—A bill to di- Russian olive, and for other purposes. ploited by Saddam Hussein. This sec- rect the Secretary of the Interior to Agenda Item 24: S. 178—A bill to pro- ond hearing will examine the oper- convey certain land in Washoe County, vide assistance to the State of New ations of the independent inspection Nevada, to the Board of Regents of the agents retained by the United Nations Mexico for the development of com- University and Community College and their role within the OFF Pro- prehensive State water plans, and for System of Nevada. Agenda Item 41: S. 253—A bill to di- gram. The administration of the OFF other purposes. rect the Secretary of the Interior to Program by the U.N. Office of the Iraq Agenda Item 26: S. 200—A bill to es- convey certain land to the land to the Program and the findings of the U.N. tablish the Arabia Mountain National Edward H. McDaniel American Legion Office of Internal Oversight Services Heritage Area in the State of Georgia, Post No. 22 in Pahrump, Nevada, for will also be examined. and for other purposes. The Subcommittee hearing is sched- Agenda Item 27: S. 203—A bill to re- the construction of a post building and uled for Tuesday, February 15, 2004, at duce temporarily the royalty required memorial park for use by the American 9:30 a.m. in Room 342 of the Dirksen to be paid for sodium produced on Fed- Legion, other veterans’ groups, and the Senate Office Building. For further in- eral lands, and for other purposes. local community. ’ Agenda Item 42: S. 254—A bill to di- formation, please contact Raymond V. Agenda Item 28: S. 204—A bill to es- rect the Secretary of the Interior to Shepherd, III, Staff Director and Chief tablish the Atchafalaya National Her- convey certain land to Lander County, Counsel to the Permanent Sub- itage Area in the State of Louisiana. Nevada, and the Secretary of the Inte- committee on Investigations, at 224– Agenda Item 29: S. 205—A bill to au- rior to convey certain land to Eureka. 3721. thorize the American Battle Monu- Agenda Item 43: S. 263—A bill to pro- f ments Commission to establish in the State of Louisiana a memorial to vide for the protection of paleontolog- AUTHORITY FOR COMMITTEES TO honor the Buffalo Soldiers. ical resources on Federal lands, and for MEET Agenda Item 30: S. 207—A bill to ad- other purposes. Agenda Item 44: S. 264—A bill to COMMITTEE ON ENERGY AND NATURAL just the boundary of the Barataria Pre- amend the Reclamation Wastewater RESOURCES serve Unit of the Jean Lafitte National and Groundwater Study and Facilities Mr. SPECTER. Mr. President, I ask Historical Park and Preserve in the Act to authorize certain projects in the unanimous consent that the Com- State of Louisiana, and for other pur- mittee on Energy and Natural Re- State of Hawaii. poses. In addition, the Committee may turn sources be authorized to meet during Agenda Item 31: S. 212—A bill to to any other measures that are ready the session of the Senate, on Wednes- amend the Valles Caldera Preservation for consideration. day, February 9 at 11:30 a.m. to con- Act to improve the preservation of the The PRESIDING OFFICER. Without sider pending calendar business. Valles Caldera, and for other purposes, objection, it is so ordered. Agenda: to the Committee on Foreign Rela- COMMITTEE ON ENVIRONMENT AND PUBLIC Agenda Item 1: S. 47—A bill to pro- tions. WORKS vide for the exchange of certain Fed- Agenda Item 32: S. 214—A bill to au- Mr. SPECTER. Mr. President, I ask eral land in the Santa Fe National For- thorize the Secretary of the Interior to unanimous consent that the Com- est and certain non-Federal land in the cooperate with the States on the bor- mittee on Environment and Public Pecos National Historical Park in the der with Mexico and other appropriate Works be authorized to meet on State of New Mexico. entities in conducting a hydrogeologic Wednesday, February 9, 2005 at 2:30 Agenda Item 8: S. 63—A bill to estab- characterization, mapping, and mod- p.m. to conduct a hearing to receive lish the Northern Rio Grande National eling program for priority transbound- testimony on EPA’s proposed budget Heritage Area in the State of New Mex- ary aquifers, and for other purposes. for fiscal year 2006. ico, and for other purposes. Agenda Item 33: S. 225—A bill to di- The hearing will be held in SD 406. Agenda Item 9: S. 74—A bill to des- rect the Secretary of the Interior to The PRESIDING OFFICER. Without ignate a portion of the White Salmon undertake a program to reduce the objection, it is so ordered. River as a component of the National risks from and mitigate the effects of COMMITTEE ON FOREIGN RELATIONS Wild and Scenic Rivers System. avalanches on recreational users of Mr. SPECTER. Mr. President, I ask Agenda Item 14: S. 134—A bill to ad- public land. unanimous consent that the Com- just the boundary of Redwood National Agenda Item 34: S. 229—A bill to mittee on Foreign Relations be author- Park in the State of California. clear title to certain real property in ized to meet during the session of the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09FE5.REC S09FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1218 CONGRESSIONAL RECORD — SENATE February 9, 2005 Senate on Wednesday, February 9, 2004 amended by S. Res. 355, adopted No- The PRESIDING OFFICER. Without at 11 a.m. to hold a Members’ Briefing. vember 13, 2002, and further amended objection, it is so ordered. The PRESIDING OFFICER. Without by S. Res. 480, adopted November 20, f objection, it is so ordered. 2004, the appointment of the following COMMITTEE ON HEALTH, EDUCATION, LABOR, Senators to serve as members of the PROGRAM AND PENSIONS Senate National Security Working Mr. FRIST. Mr. President, tomorrow, Group for the 109th Congress: Senator Mr. SPECTER. Mr. President, I ask following morning business, the Senate ROBERT C. BYRD, Democratic adminis- unanimous consent that the Com- will resume consideration of the class trative cochairman; Senator CARL mittee on Health, Education, Labor, action fairness bill. We made real LEVIN of Michigan, Democratic co- and Pensions meet in executive session progress today. We were able to work chairman; Senator JOSEPH R. BIDEN, during the session of the Senate on through several key amendments, and JR. of Delaware, Democratic cochair- Wednesday, February 9, 2005 at 10 a.m. it appears we are very close to final man; Senator EDWARD M. KENNEDY of in SD–430. passage. The pending amendment is the Massachusetts; Senator PAUL S. SAR- The PRESIDING OFFICER. Without Feingold amendment, and we hope to BANES of Maryland; Senator BYRON L. objection, it is so ordered. have that ready for a vote by 12:30 to- DORGAN of North Dakota; Senator SELECT COMMITTEE ON INTELLIGENCE morrow or thereabouts. Again, I thank RICHARD J. DURBIN of Illinois; Senator Mr. SPECTER. Mr. President, I ask all Members for their cooperation BILL NELSON of Florida; Senator MARK unanimous consent that the Select throughout this bill. We have made DAYTON of Minnesota. Committee on Intelligence be author- substantial progress over the course of ized to meet during the session of the f the day, and I look forward to comple- Senate on February 9, 2005 at 2:30 p.m. STAR PRINT—S. 71 tion of the bill at an early hour tomor- to hold a closed meeting. Mr. FRIST. Mr. President, I ask row. The PRESIDING OFFICER. Without unanimous consent that S. 71 be star objection, it is so ordered. f printed with the changes at the desk. f The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 9:30 A.M. PRIVILEGE OF THE FLOOR objection, it is so ordered. TOMORROW f Mr. KENNEDY. Mr. President, I ask Mr. FRIST. Mr. President, if there is unanimous consent the privilege of the ORDERS FOR THURSDAY, no further business to come before the floor be granted to Elizabeth Kennedy, FEBRUARY 10, 2005 Senate, I ask unanimous consent that the Senate stand in adjournment under a legal intern in my office, for the du- Mr. FRIST. Mr. President, I ask ration of consideration of this bill. the previous order. unanimous consent that when the Sen- There being no objection, the Senate, The PRESIDING OFFICER. Without ate completes its business today, it ad- objection, it is so ordered. at 5:58 p.m., adjourned until Thursday, journ until 9:30 a.m. on Thursday, Feb- February 10, 2005, at 9:30 a.m. f ruary 10. I further ask that following the prayer and pledge, the morning f APPOINTMENTS hour be deemed expired, the Journal of NOMINATIONS The PRESIDING OFFICER. The proceedings be approved to date, the chair, on behalf of the Vice President, time for the two leaders be reserved, Executive nominations received by pursuant to the provisions of 20 U.S.C., and the Senate then begin a period of the Senate February 9, 2005: sections 42 and 43, appoints the Senator morning business for up to 2 hours, IN THE AIR FORCE from Vermont, Mr. LEAHY, as a mem- with the first 30 minutes under the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ber of the Board of Regents of the control of the majority leader or his IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Smithsonian Institution. designee, the second 30 minutes under AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Thie chair announces, on behalf of the control of the Democratic leader or 601: the Democratic leader, pursuant to the his designee, the third 30 minutes To be lieutenant general provisions of S. Res. 105, adopted April under the control of Senator MCCAIN, MAJ. GEN. CLAUDE R. KEHLER, 0000 13, 1989, as amended by S. Res. 149, and the final 30 minutes under the con- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT adopted October 5, 1993, as amended by trol of the Democratic leader or his IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Public Law 105–275, adopted October 21, designee; provided that following AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 1998, further amended by S. Res. 75, morning business, the Senate resume 601: adopted March 25, 1999, amended by S. consideration of S. 5, the class action To be lieutenant general Res. 383, adopted October 27, 2000, and bill. MAJ. GEN. CHARLES E. CROOM, JR., 0000

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21ST ANNUAL POW/MIA CEREMONY INTRODUCTION OF THE NO OIL We do not have to stand by and watch AT THE MERCER COUNTY PRODUCING AND EXPORTING OPEC dictate the price of our gas without any COURTHOUSE CARTELS (‘‘NOPEC’’) ACT OF 2005 recourse; we can do something to combat this conspiracy among oil-rich nations. I am hope- HON. MELISSA A. HART HON. JOHN CONYERS, JR. ful that Congress can move quickly to enact OF PENNSYLVANIA OF MICHIGAN this worthwhile and timely legislation. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Wednesday, February 9, 2005 Wednesday, February 9, 2005 BILL INTRODUCTION: NORTHERN Ms. HART. Mr. Speaker, I would like to take Mr. CONYERS. Mr. Speaker, today I am in- RIO GRANDE NATIONAL HERIT- this opportunity to commemorate the sacrifices troducing the ‘‘No Oil Producing and Exporting AGE DESIGNATION ACT made by Mercer County’s prisoners of war Cartels (NOPEC)’’ Act of 2005, legislation that and those who are still missing in action, as subjects a group of competing oil producers, HON. TOM UDALL well as the families who mourn them. like the OPEC nations, to U.S. antitrust law OF NEW MEXICO Tonight, January 27th, 2005 will commemo- when they act together to restrict supply or set IN THE HOUSE OF REPRESENTATIVES rate the 21st annual POW/MIA ceremony at prices. I am joined by Representatives Wednesday, February 9, 2005 the Mercer County Courthouse. This date was LOFGREN and MCINTYRE. chosen to commemorate the signing of the For the past year, American consumers Mr. UDALL of New Mexico. Mr. Speaker, I Paris Peace Accords on January 27, 1973, have paid exorbitant prices at the pump, as rise today to introduce legislation to establish which effectively marked the end of the Viet- gas prices have hit their highest levels since the Northern Rio Grande National Heritage nam Conflict and commenced the withdrawal the first Gulf War. For the past several Area in the State of New Mexico. In the 107th of American troops. months, oil prices have remained stubbornly session of Congress, an identical version of Since World War I there have been over high, sitting above $48 at the end of last this bill was placed on the suspension cal- 125,000 soldiers Missing in Action, including week. Since last January, oil prices have endar by the Chairman of the Resources com- 2,005 soldiers who served in Southeast Asia climbed more than 15 percent, driving gaso- mittee and passed the full House by voice during the Vietnam Conflict. Our Nation will line prices in the United States to record levels vote. New Mexico’s two senators have intro- continue its commitment and concern to re- while producing budget surpluses in nations duced a companion bill in the Senate this membering and resolving as fully possible the like Saudi Arabia. Congress. I ask today that this bill receive fate of Americans still prisoner, missing and The group of 11 nations comprising OPEC swift passage through the House so New unaccounted for during military operations in are a classic definition of a cartel, and they Mexicans call take additional steps to preserve Southeast Asia. I believe ceremonies such as hold all the cards when it comes to oil and gas and learn from our rich history. the POW/MIA vigil in Mercer County, Pennsyl- prices. OPEC accounts for more than a third The establishment of the Northern Rio vania is one way of ensuring that America of global oil production, and OPEC’s oil ex- Grande National Heritage Area is a citizen- never forgets our heroes. ports represent about 55 percent of the oil driven effort to protect the remaining signifi- I ask my colleagues in the House of Rep- traded internationally. Its net oil export reve- cant resources representative of the Spanish resentatives to join me in recognizing the 2005 nues should reach nearly $345 billion this and Pueblo colonial era in north-central New Mercer County POW/MIA vigil and honoring year, and its influence on the oil market is Mexico. The bill identifies the northern New the sacrifices of all of America’s Prisoners of dominant, especially when it decides to reduce Mexico counties of Rio Arriba, Santa Fe and War and Missing in Action. or increase its levels of production. Taos as a National Heritage Area—an elite f The OPEC nations have for years conspired designation from Congress reserved for areas SUPPORTING THE PEOPLE OF to drive up prices of imported crude oil, regarded as a significant resource. TAIWAN gouging American consumers. Their price-fix- Northern New Mexico boasts many sites of ing and supply-limiting conspiracy is a clear historic and cultural significance. Our state is HON. ILEANA ROS-LEHTINEN violation of U.S. antitrust laws, yet we have no a blend of pueblo and Hispanic cultures, mak- recourse for action against these nations. The ing it a very unique and special place in our OF FLORIDA international oil cartel continues to avoid ac- country. This legislation would identify many of IN THE HOUSE OF REPRESENTATIVES countability, shielding itself behind the veil of the sites that tell northern New Mexico’s story, Wednesday, February 9, 2005 sovereign immunity by claiming that its actions help preserve them and, in the process, allow Ms. ROS-LEHTINEN. Mr. Speaker, as we are ‘‘governmental activity’’—which is pro- them to be more thoroughly enjoyed by New stand here today, Chinese military buildup tected under the Foreign Sovereign Immuni- Mexicans and visitors to our state. Preserva- along Taiwan’s coast continues, and China ties Act (‘‘FSIA’’), 28 U.S.C. § 1602 et seq.— tion would directly lead to economic develop- has announced plans to enact an anti-seces- rather than ‘‘commercial activity.’’ ment of this area through enhanced tourism. sion (or anti-separation) law aimed specifically This legislation, the ‘‘No Oil Producing and The legislation creates a non-profit corpora- at Taiwan. Exporting Cartels Act’’ (‘‘NOPEC’’), is simple tion governed by a 15- to 25-member board of China’s proposed anti-secession law as- and effective. trustees charged with developing a manage- sumes the unification of China and Taiwan It exempts OPEC and other nations from ment plan for the heritage area. The board will and proposes that those opposed to the unifi- the provisions of FSIA to the extent those gov- be comprised of representatives from the cation are subject to punishment. It further as- ernments are engaged in price-fixing and state, affected counties, tribes, cities and oth- sumes that Chinese leaders have the right to other anticompetitive activities with regard to ers. The corporation’s plan would include rec- invade Taiwan if they suspect the engagement pricing, production and distribution of petro- ommendations for identifying, conserving and of Taiwanese leaders in separatist activities. leum products. preserving cultural, historical and natural re- Mr. Speaker, the dismayed and freedom It makes clear that the so-called ‘‘Act of sources within the heritage area, along with loving people of Taiwan have reacted to the State’’ doctrine does not prevent courts from strategies to promote tourism of the region’s proposed law with disappointment. In a recent ruling on antitrust charges brought against for- natural and cultural assets. public opinion poll 70 percent of Taiwanese eign governments and that foreign govern- The city of Espan˜ola, the city of Santa Fe, people oppose China’s institution of the ‘‘anti- ments are ‘‘persons’’ subject to suit under the Santa Fe County, Rio Arriba County, Taos secession’’ law. antitrust laws. County, La Jicarita Enterprise Community, the I share the sentiments of the people of Tai- It authorizes lawsuits in U.S. federal court Chimayo Cultural Preservation Association, wan and stand with them in the zeal for free- against oil cartel members by the Justice De- and the Eight Northern Pueblos support the dom and liberty. partment and the Federal Trade Commission. Northern Rio Grande Heritage Area. I urge my

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

VerDate Aug 04 2004 05:56 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.001 E09PT1 E190 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2005 colleagues to join with me and with these nizing Kenneth McGlumphy. It is an honor to capability, and new data protection tech- communities and organizations in support of represent the Fourth Congressional District of nology. Because its system is so outdated, this legislation. Pennsylvania and a pleasure to salute citizens over 26,000 calls last year went unanswered f such as Kenneth who truly embody the spirit due to long hold times or busy signals. of public service and make the communities The Connection Campaign is a combination CONGRATULATIONS TO ANA they live in special. of public and private efforts to bring the Hot- DODSON f line up to speed. It teams up private tele- communication and technology companies HON. THOMAS G. TANCREDO HONORING THE ACCOMPLISH- with the federal government to solve the Hot- OF COLORADO MENTS OF HELEN AGUIRRE- line’s crisis and guarantee that the Hotline can IN THE HOUSE OF REPRESENTATIVES FERRE answer every call. Under the Connection Wednesday, February 9, 2005 Campaign, companies like Microsoft, Sony, BellSouth, Verizon Wireless, IBM, Dell and Mr. TANCREDO. Mr. Speaker, I would like HON. ILEANA ROS-LEHTINEN others, may donate hardware and software to congratulate and honor a young Colorado OF FLORIDA such as cell phones, home computers, map- student from my district who has achieved na- IN THE HOUSE OF REPRESENTATIVES ping software, flat-screened monitors, and tional recognition for exemplary volunteer Wednesday, February 9, 2005 telephone airtime to the Hotline. service in her community. Ana Dodson of Ev- Ms. ROS-LEHTINEN. Mr. Speaker, I rise On the public side of the partnership, Sen- ergreen has just been named one of the top today to recognize the incredible achieve- ator BIDEN will soon join Representative HART youth volunteers by the 2005 Prudential Spirit ments of Ms. Helen Aguirre-Ferre. and me in introducing legislation to bridge the of Community Awards Program, an annual An accomplished journalist in print and tele- digital divide. Our bill, the Domestic Violence honor conferred on the most impressive stu- vision, Helen is currently the Opinion Page Connections Campaign Act of 2005, which will dent volunteers. Editor of Diario Las Americas and moderator also appear in the 2005 reauthorization of the Ms. Dodson is being recognized for creating of the weekly public affairs program Issues for Violence Against Women Act, has three com- an organization called ‘‘Peruvian Hearts,’’ a WPBT Channel 2. ponents: non-profit organization to aid abused and In addition, I am proud to acknowledge the It mandates that federal appropriations to abandoned girls living in Peruvian orphan- wonderful distinction Helen earned by being the Hotline include technology training for Hot- ages. This organization has over the past year elected as the first female President of the line advocates so that every new telephone, collected donations totaling near $10,000. This District Board of Trustees of Miami Dade Col- computer, and database will be used to its full- money was used to purchase such commod- lege. est capacity. ities as school supplies, vitamins, books, Helen’s enthusiastic ability to balance the It provides a new research grant program to toiletries, clothing, medicine, quilts, backpacks, responsibilities and obligations of these chal- be used to review and analyze data generated and toys. lenging positions is a commendable feat and by the Hotline. Administered by the Attorney The Prudential Spirit of Community Awards serves as a testament to the diligence and de- General, the grant program will study trends, was created by Prudential Financial in Part- termination she exerts as she continues to gaps in service and geographical areas of nership with the National Association of Sec- succeed in her professional endeavors. need. The findings of this research will be re- ondary School Principals in 1995 to impress She truly lends an impressive example of ported to Congress within three years of its upon all youth volunteers that their contribu- purpose and fortitude to the communities of enactment. tions are critically important and highly valued, South Florida. It provides a grant program for the Hotline and to inspire other young people to follow I invite my colleagues today to join in the to increase public awareness about the Hot- their example. Over the past 8 years, the pro- much-deserved recognition of Ms. Aguirre- line’s services and domestic violence gen- gram has become the Nation’s largest youth Ferre and wish her much continued success in erally. recognition effort based solely on community the future. The Connections Campaign and this legisla- service, with more than 170,000 youngsters Congratulations, Helen! tion are important next steps in our fight to de- participating since its inception. f feat domestic violence and assist victims. I am Ms. Dodson should be extremely proud to hopeful that Congress can move quickly to have been singled out from such a large INTRODUCTION OF THE DOMESTIC enact this worthwhile and timely legislation. group of dedicated volunteers. I applaud Ms. VIOLENCE CONNECTIONS CAM- f Dodson for her contribution and public service, PAIGN ACT OF 2005 and for the positive impact she has had on the INTRODUCTION OF A BILL TO lives of others. She has demonstrated a level CLARIFY ISSUES OF CRIMINAL of commitment and accomplishment that is HON. JOHN CONYERS, JR. JURISDICTION WITHIN THE EX- truly extraordinary in today’s world. She is de- OF MICHIGAN TERIOR BOUNDARIES OF PUEBLO serving of our sincere admiration and respect. IN THE HOUSE OF REPRESENTATIVES LANDS Her actions show that the spirit of America’s Wednesday, February 9, 2005 youth holds tremendous promise for America’s Mr. CONYERS. Mr. Speaker, today I am in- HON. TOM UDALL future. troducing the ‘‘Domestic Violence Connections OF NEW MEXICO f Campaign Act of 2005,’’ legislation that en- IN THE HOUSE OF REPRESENTATIVES CONGRATULATING KENNETH sures that the National Domestic Violence Wednesday, February 9, 2005 MCGLUMPHY ON HIS RETIREMENT Hotline continues to provide the essential Mr. UDALL of New Mexico. Mr. Speaker, I services it has been providing since it was rise today to introduce legislation on behalf of HON. MELISSA A. HART created in 1996. I am joined by Representa- myself and cosponsors HEATHER WILSON and tive HART. OF PENNSYLVANIA STEVAN PEARCE that will help clarify issues of The Hotline was created by the Violence IN THE HOUSE OF REPRESENTATIVES criminal jurisdiction within the exterior bound- Against Women Act and answered its first call aries of Pueblo lands by amending the Indian Wednesday, February 9, 2005 on February 21, 1996. By August 2003 it an- Pueblo Lands Act of 1924. Ms. HART. Mr. Speaker, I would like to take swered its one millionth call, an increase of This legislation addresses confusion over this opportunity to congratulate Kenneth approximately 133 percent. This is due in criminal jurisdiction on Pueblo lands in New McGlumphy on his retirement after 31 years of large part to public awareness of domestic vio- Mexico arising out of the holding in United service to the Social Security Administration. lence and public promotion of the Hotline. States v. Jose Gutierrez, an unreported deci- Mr. McGlumphy started as a clerk and Today, on average the Hotline receives almost sion of a federal district court judge in the Dis- worked his way up to the position of District 16,000 calls a month. trict of New Mexico that overturned prior Manager of the Butler Field Office. Kenneth The Hotline is primarily funded by federal precedent regarding the jurisdictional status of has a long standing relationship with my of- dollars that come from annual federal spend- the lands within the exterior boundaries of fice, and has always been pleasant and cour- ing bills. However, as the Hotline’s call volume Pueblo grants. teous. continues to increase exponentially, funding The Gutierrez decision created uncertainty I ask my colleagues in the United States has failed to keep pace. To keep up, the Hot- and the potential for a void in criminal jurisdic- House of Representatives to join me in recog- line needs new equipment, new connection tion on Pueblo lands. Because of the risk to

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.004 E09PT1 February 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E191 public safety and law enforcement arising out of China and Taiwan must have the assent of CONGRESSIONAL RECOGNITION OF of this uncertainty, it is important to clarify the the people of Taiwan. As such, resolving the TIBOR AND SHEILA HOLLO scope of criminal jurisdiction on Pueblo lands. differences between these two nations can This amendment to the Pueblo Lands Act only be achieved through honest and direct HON. ILEANA ROS-LEHTINEN makes clear that the Pueblos have jurisdiction, state-to-state negotiations without pre- OF FLORIDA as an act of the Pueblos’ inherent power as conditions. They cannot be resolved by intimi- IN THE HOUSE OF REPRESENTATIVES an Indian tribe, over any offense by a member dation, indignant bluster or threats of military Wednesday, February 9, 2005 of the Pueblo or of another federally recog- force from Beijing. Ms. ROS-LEHTINEN. Mr. Speaker, I would nized Indian tribe, or by any other Indian- Mr. Speaker, the truth is that Taiwan and like to recognize the amazing achievements owned entity committed anywhere within the China are not united. They are not ‘‘one coun- and munificence of Tibor and Sheila Hollo. exterior boundaries of any grant to a Pueblo try’’ as the communists in Beijing are so fond These two individuals have assumed a re- from a prior sovereign, as confirmed by Con- of asserting. If they were there would be no markable leadership role in the South Florida gress or the Court of Private Land Claims. talk of ‘‘unification.’’ China must accept that it community and I thank them for their count- The legislation also makes clear that the does not have jurisdiction over Taiwan, and United States has jurisdiction over any offense less contributions and admirable generosity. abandon this kind of counter-productive saber Raised in a small town in France, Tibor within these grants described in chapter 53 of rattling. The simple fact is this: Regardless of title 18, United States Code, committed by or Hollo and his parents were victims of the con- whether the puppet legislature in Beijing en- centration camps, and though he and his fa- against a member of any federally recognized acts this ‘‘law’’ or not, Taiwan will remain free, Indian tribe or any Indian-owned entity, or that ther survived, his mother did not. independent and outside of the control of com- Symbolic of his perseverant nature, Mr. involves any Indian property or interest. Fi- munist China. Those, Mr. Speaker, are the Hollo went on to earn his architectural engi- nally, the legislation makes clear that the State facts. neering degree in Paris and moved to the of New Mexico shall have jurisdiction over any Nonetheless, world reaction to this P.R.C. United States where he embraced the ‘‘Amer- offense within these grants committed by a ‘‘trial balloon’’ will be significant and watched ican Dream’’ and is now one of the most person who is not a member of a federally with great interest by the autocrats in Beijing. prominent business leaders in South Florida. recognized Indian tribe, which offense is not Hard liners in Beijing will observe how civilized Transforming Miami’s midtown district into subject to the jurisdiction of the United States. and modern nations respond to the explicit one of South Florida’s dynamic epicenters of Nothing in this legislative clarification is in- threat that the ‘‘anti-secession law’’ rep- business and entertainment, Mr. Hollo is the tended to diminish the scope of Pueblo civil ju- resents. In short, they are feeling out the free proud developer of several key complexes in risdiction within the exterior boundaries of world to determine its commitment to the safe- my Congressional district. The Venetian/Omni, Pueblo grants, which is defined by Federal ty and security of Taiwan—and its more than Bay Parc Plaza, The Club at Brickell Bay and and Tribal laws and court decisions. This leg- twenty million citizens. Opera Tower and the Grand are just a few of islation also does not in any way diminish the I hope the family of free nations will con- his developments. exterior boundaries of these grants. As the first recipient of the City of Miami Vi- The All Indian Pueblo Council of the nine- demn the ‘‘anti-secession law’’ with a unified sionary Award, Mr. Hollo was recognized by teen Pueblo Governors has agreed to the lan- voice, making it clear to China that any resolu- his colleagues and the City of Miami for his guage included in this legislation. The Gov- tion of cross-straits tensions must be peaceful outstanding foresight and determination to ful- ernors recognize the urgency of this matter and above all acceptable to the people of Tai- wan. fill such visions. and have come to Congress asking that we do Mrs. Hollo shares her husband’s regard for everything in our power to avoid the philanthropic efforts and serves on the Board f unfathomable situation of creating places in of the Foundation and Board of Trustees of New Mexico where someone could literally get RECOGNIZING WIMODAUSIS CLUB the Mount Sinai Medical Center. She proudly away with murder. We here in Congress must OF NEW CASTLE, PENNSYLVANIA presided over the Mount Sinai Medical Center also recognize the urgency of this situation Founders, Women’s Cancer League of Miami and take action to address it. Beach, Sunflower Society and the Temple I look forward to working with my colleagues HON. MELISSA A. HART Emanuel’s PTA. in the House and the New Mexico delegation OF PENNSYLVANIA This inspirational couple provides a wonder- to pass this legislation. ful example of diligence and generosity. I com- f IN THE HOUSE OF REPRESENTATIVES mend their efforts and I am grateful to have CONDEMNING PROPOSED PEOPLE’S Wednesday, February 9, 2005 them as part of our South Florida community. REPUBLIC OF CHINA ANTI-SE- f Ms. HART. Mr. Speaker, I would like to take CESSION LAW this opportunity to recognize the Wimodausis TRIBUTE TO THE STUDENTS AT Club of New Castle, Pennsylvania for their UNIVERSITY SCHOOL OF NOVA HON. THOMAS G. TANCREDO selflessness and generous philanthropy to- SOUTHEASTERN UNIVERSITY OF COLORADO wards the people of the 4th District. IN THE HOUSE OF REPRESENTATIVES Founded in 1905, the Wimodausis Club of HON. DEBBIE WASSERMAN SCHULTZ Wednesday, February 9, 2005 New Castle was formed for the purpose of OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Mr. TANCREDO. Mr. Speaker, I rise today ‘‘creating an organized center for woman’s to condemn the recent ‘‘anti-secession law’’ work, thought, and action advancing her inter- Wednesday, February 9, 2005 proposed by the ‘‘legislature’’ of the People’s ests, promoting civic improvement and pro- Ms. WASSERMAN SCHULTZ. Mr. Speaker, Republic of China. viding a place of meeting for its mem- the Students at University School of Nova I believe it is clear to even the most casual bers....’’ Since 1958 the Wimodausis Club Southeastern University mobilized one of the observer that this move by China’s rubber- of New Castle has donated over $124,000 to first school-based tsunami relief campaigns in stamp National People’s Congress is little various services in their community. These do- South Florida upon returning to school in Jan- more than a thinly veiled attempt by Beijing to nations have aided the Girl and Boy Scouts of uary. Like others throughout the world, these create a ‘‘legal framework’’ for starting a war America, the Salvation Army, and a number of students were struck by the enormity of what with Taiwan. other organizations that work to better our has been described as the worst natural dis- Should China’s unelected parliament enact community. aster in modern human history. this law, it will represent a clear-cut, bellig- I ask my colleagues in the United States In a single unified effort, students at the K– erent and dangerous step toward a military at- House of Representatives to join me in hon- 12 college preparatory school collected tack of a peaceful and democratic ally of the oring the Wimodausis Club of New Castle. It $26,220.74 in their 1-day fundraising drive. United States. Moreover, it underscores once is an honor to represent the Fourth Congres- They called the event ‘‘jeans day’’ and contrib- again that the government in Beijing is not sin- sional District of Pennsylvania and a pleasure uted $5 to trade their uniforms for jeans on the cere about resolving its differences with Tai- to salute the service of organizations like the designated day—Friday, Jan. 7. In addition to wan in a peaceful or rational manner. Wimoudausis Club that personify civic pride the $5 donations, some students brought in America’s position is clear: Any change in and make the communities that they live in money they’d saved, others prodded their par- the status quo between the People’s Republic truly special. ents to contribute, and one elementary school

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.009 E09PT1 E192 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2005 student brought in her entire piggy bank. The While his involvement in the bridge and directors of the Library of Congress and Na- Lower School, University School’s elementary road building business spanned nearly six tional Archives, and academics in history, an- school, contributed $12,375.74. decades Harold O’Neil will be remembered for thropology, sociology, political science, art his- The money collected will support UNICEF’s more than his role as a trucking businessman. tory and law. Mr. Speaker, I fully support the South Asia Tsunami Relief Efforts. Harold was a lifetime member of the Danville objectives and services the USCWC provides University School is the only independent Elks as well as the American Legion. He was and hope they are fully utilized by its inclusion college preparatory school in South Florida a churchgoing man and a supporter and spon- in the commission. I believe the USCWC will that is part of a major university. The school sor of youth athletics. strengthen the commission, and aid to it’s goal offers programs of studies designed to pre- In addition, Harold played a vital role in do- of providing the direction and resources need- pare students for college and for effective citi- nating the River Bend Preserve to the Cham- ed for the proper Sesquicentennial Com- zenship beyond the college years. The aca- paign Forest Preserve. In his 86 years, Harold memorations of the Civil War throughout this demic environment is marked by high expecta- O’Neil accomplished many great things. Nation. With his passing, Harold leaves three tion, as students master skills, acquire new f knowledge, improve their ability to think criti- daughters and a community behind, but his cally, and develop a sense of civic responsi- contributions to the Danville area will be re- INTRODUCING THE SECURING bility. membered for many years to come. TRANSPORTATION ENERGY EFFI- CIENCY FOR TOMORROW ACT f f CONGRATULATING FRANK J. LEGISLATION TO CREATE A COM- HON. JAMES L. OBERSTAR LIKAR MISSION FOR THE SESQUI- CENTENNIAL COMMEMORATION OF MINNESOTA OF THE CIVIL WAR IN THE HOUSE OF REPRESENTATIVES HON. MELISSA A. HART Wednesday, February 9, 2005 OF PENNSYLVANIA HON. RICHARD H. BAKER Mr. OBERSTAR. Mr. Speaker, today I have IN THE HOUSE OF REPRESENTATIVES OF LOUISIANA introduced the ‘‘Securing Transportation En- Wednesday, February 9, 2005 IN THE HOUSE OF REPRESENTATIVES ergy Efficiency for Tomorrow Act’’ (the Ms. HART. Mr. Speaker, I would like to take Wednesday, February 9, 2005 STREET Act). This bill recognizes the close this opportunity to congratulate Frank J. Likar Mr. BAKER. Mr. Speaker, I rise today to re- connection between transportation policy and of Pittsburgh on his retirement after 34 years introduce legislation that is not only important energy policy. In many respects, transportation of service to the U.S. Army Corps of Engi- for Louisiana, but for the Nation as well. The policy is energy policy. Our transportation en- neers, Pittsburgh District. A luncheon will be ripple effects of the Civil War and Reconstruc- ergy needs are increasing, but we have not held in his honor on Friday, January 21, 2005, tion remain as our country continues to wres- done enough to be able to meet these needs in Pittsburgh. tle with its legacy of race relations and Fed- with new technologies and alternative fuels. Frank has been the Deputy District Engineer eral, State and civil rights. In order to properly As a result, our dependence on foreign oil for Programs and Project Management in the commemorate this event, I believe it is imper- continues unabated. Pittsburgh District since June 2003. Prior to ative to create a Sesquicentennial, or 150th, Today, the transportation sector consumes this, Frank held several supervisory and man- Commission for the Commemoration of the a greater share of petroleum (67 percent) than agement positions throughout the Pittsburgh Civil War. it did in 1973 (50 percent). Each year for the District in engineering, construction, operations I am grateful the House of Representatives past decade, energy use in the transportation and project management. Frank began his agrees that the 150th anniversary of the Civil sector has increased by a rate of 1.6 percent. federal career in the District in 1971 after serv- War should receive attention. In the 108th It is time, indeed it is long overdue, for the ing in the U.S. Marine Corps and in 1976 he Congress the House of Representatives Federal Government to lead in the develop- was one of four selected for the District Exec- adopted by unanimous vote the exact legisla- ment and promotion of energy efficient tech- utive Development Program. tion I offer today. nologies and alternative and renewable fuels. A graduate from the University of Pittsburgh In 1996, Congress designated the United As the Nation’s largest energy consumer, in 1971, Frank is a registered Professional En- States Civil War Center, USCWC, at Louisiana the Federal Government is in a unique posi- gineer in Pennsylvania, and a member of the State University, LSU, and the Civil War Insti- tion to promote energy conservation and effi- Chi Epsilon national civil engineering honors tute at Gettysburg College as future co- ciency, particularly in the transportation sector fraternity. facilitators of the Sesquicentennial Commemo- and in the operation of Federal buildings. The I ask my colleagues in the U.S. House of ration of the Civil War to be held between STREET Act ensures that the Government Representatives to join me in honoring Mr. 2011 and 2015. Legislation establishing the does just that by promoting greater energy ef- Frank J. Likar. It is an honor to represent the Sesquicentennial Commission was to be ficiency and further developing the use of al- Fourth Congressional District of Pennsylvania passed in the 107th Congress. Today I again ternative and renewable fuels on our high- and a pleasure to salute the service of citizens offer this aforementioned legislation. ways, railroads, airplanes, ships, and in our like Frank Likar who personify civic pride and The American Civil War, 1861–1865, was Federal buildings. make the communities that they live in truly one of the most violent times in the history of For example, the bill provides for the use of special. the United States, touching not only every photovoltaic solar energy systems f State and territory, but claiming more than (photovoltaics) in our Federal buildings. 600,000 lives, bringing freedom to over 4 mil- Photovoltaics reduce the consumption of fossil TRIBUTE TO HAROLD NICHOLAS lion slaves and destroying property valued at fuels and offer distinct advantages over diesel O’NEIL $5 billion. In 1993, the USCWC was created generators and primary batteries. to promote the study of the American Civil Photovoltaics are highly efficient and have no HON. TIMOTHY V. JOHNSON War from the perspectives of all professions, moving parts, so the need for maintenance is OF ILLINOIS occupations, and academic disciplines in order virtually non-existent. Over 25 Federal build- IN THE HOUSE OF REPRESENTATIVES to facilitate a deeper, more thorough under- ings throughout the country, from Boston, standing of one of the most important events Massachusetts, to San Francisco, California, Wednesday, February 9, 2005 in our nation’s history. This mission is fulfilled already use photovoltaics to great effect. This Mr. JOHNSON of Illinois. Mr. Speaker, on through a variety of projects, including an offi- bill seeks to fulfill the promise of President November 28, 2004, the people of Danville, Il- cial web site featuring over 9000 links to Civil Clinton’s Million Solar Roofs Initiative of 1997 linois lost a beloved community member in War-related sites, the Michael Shaara Award of having photovoltaic solar energy systems Harold Nicholas O’Neil. Harold came to for Civil War Fiction, Civil War Book Review, installed in 20,000 of our Federal buildings by Danville at the age of 17 to attend high school the Michael Lehman Williamson Collection of 2010. where he was the captain of the track team Civil War Books for Young People, the David The bill also provides for the development and played football. He was also a sergeant in Madden Collection of Civil War Fiction, and and deployment of new technologies to create World War II as well as an engineer on the the Sesquicentennial Commemoration of the cleaner, more fuel-efficient engines for use in C&EI Railroad and L&N Railroad for 41 years. Civil War. all modes of transportation including on rail, in Harold founded O’Neil Brothers Construction The commission will include members of the water, and in the air. The bill authorizes the along with his brother William O’Neil in 1946. U.S. Senate and House of Representatives, Department of Transportation to enter into

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.014 E09PT1 February 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E193 public-private partnerships with universities ECONOMIC DEVELOPMENT AND PUBLIC ployee’s gross income, a $75 commuting al- and industry leaders to promote the develop- BUILDINGS lowance for employees who commute to ment of cleaner, more fuel-efficient engines for Photovoltaic Solar Energy Systems for work by bicycling, caroling or car-sharing. our Nation’s railroads, ships, and airplanes. Public Buildings. Amends the Public Build- Railroad Efficiency. Authorizes the Sec- ings Act of 1959 to authorize the Adminis- These clean engines would help reduce retary of Transportation, in conjunction trator of the General Services Administra- ozone-forming emissions and would be espe- tion to establish a photovoltaic energy com- with the Administrator of the Environ- cially significant in areas of nonattainment. Re- mercialization program for the procurement mental Protection Agency, to establish a search on many of these projects has already and installation of photovoltaic solar energy public-private research partnership to de- begun, and this bill ensures that the Federal systems for electric production in new and velop and demonstrate locomotive tech- Government remains committed to the devel- existing public buildings. The purposes of nologies that increase fuel economy, reduce opment and deployment of these promising this section include a reduction in fossil fuel emissions, and lower costs. The bill author- new technologies. consumption and attainment of the goal of izes $105 million over 3 years for this pro- To promote the use of cleaner energy on installing 20,000 solar energy systems in fed- gram. our Nation’s highways, the bill establishes a eral public buildings set forth in the Federal grant program by which the Department of Government’s Million Solar Roof Initiative AVIATION of 1997. The bill authorizes approximately Transportation can make up to ten grants for $300 million over 5 years for this program. Clean Airport Bus Pilot Program. Directs the development and demonstration of fuel This section also authorizes $14 million for the Secretary of Transportation to establish cell-powered buses. Heavy-duty vehicles, the Administrator of the General Services a pilot award program for the acquisition of which include buses, account for only 6 per- Administration to install photovoltaics in buses powered by alternative fuels and low- cent of the total vehicle population, but gen- accordance with the Sun Wall Design Project sulfur diesel fuel at public airports through erate 60 percent of nitrogen oxide emissions on the headquarters building of the Depart- airport bus replacement and fleet expansion and over 80 percent of all particulate matter ment of Energy. grants. Grants are to be used to purchase emissions. Fuel cell buses would reduce pollu- Capitol Complex Energy Efficiency. Au- buses powered by alternative fuels and low- thorizes the Architect of the Capitol to con- sulfur diesel fuel to be used as part of the tion on our roads through the use of a clean, duct a study to evaluate the energy infra- environmentally-friendly energy source and structure of the Capitol complex to deter- airport fleet for a minimum of 5 years and, would help reduce our dependence on foreign mine ways to increase energy efficiency in- to the extent possible, grants are to be oil. cluding the use of photovoltaic solar energy awarded to ensure a broad geographic dis- In addition, the bill provides a $75 transpor- systems, district heating, and other uncon- tribution with no State receiving more than tation fringe benefit to employees who com- ventional and renewable energy resources. 10 percent of the available grant funding. mute to work by bicycling, carpooling, or car- The bill authorizes such sums as may be nec- The bill authorizes $200 million over 5 years sharing. Currently, employees who drive to essary for this study. for this grant program. work can receive a $200 per month parking SURFACE TRANSPORTATION Clean Aircraft Engines. Authorizes the Ad- benefit and employees who use transit can re- Highway Fuel Conservation. Establishes a ministrator of the Federal Aviation Admin- ceive up to $105 per month. This bill rep- grant program through which the Secretary istration to establish a public-private re- of Transportation may provide grants to resents a first step in extending those benefits search partnership with the National Aero- to citizens who choose to promote energy States and local governments for projects designed to make operational improvements to nautics and Space Administration, research conservation while commuting to and from reduce fuel consumption on Federal-aid universities, and members of the aero-pro- their jobs. highways and roads, including data collec- pulsion industry to develop a clean ground Mr. Speaker, it is time to make a real and tion and analysis for improved traffic signal demonstrator engine utilizing technologies lasting commitment to the development of timing, implementation of improved and co- developed by NASA and to focus on the de- these new technologies and the use of alter- ordinated traffic signals, and planning and velopment and certification of environ- native and renewable fuel that can help make implementation of freeway management sys- mentally friendly manufacturing tech- this Nation more self-suff1cient in meeting our tems. The bill authorizes such sums as may nologies, materials, and overhaul and repair. energy needs. We have the means available; be necessary to carry out this program. The bill authorizes such sums as may be nec- Fuel Cell Bus Technology. Amends Section the place to begin is with the Federal govern- essary for the establishment of this public- ment and with this bill. 5308, Tide 49 of the United States Code to allow the Secretary of Transportation to private partnership. A detailed summary of the bill’s provisions is make grants to up to 10 recipients for the re- WATER RESOURCES attached. search and development of fuel cell bus tech- SECURING TRANSPORTATION ENERGY EFFI- nology. Preference is given to grant appli- Marine Efficiency. Authorizes the Sec- CIENCY FOR TOMORROW ACT OF 2005 (THE cants who have an existing fuel cell bus tech- retary of Transportation to establish a pub- STREET ACT) nology program and have made investments lic-private research partnership with the The Securing Transportation Energy Effi- in hydrogen fuel cell infrastructure. The bill Federal Government, vessel operators, ports, ciency for Tomorrow Act (the STREET Act) authorizes $300 million over 5 years for this terminal operators, shipyards, and equip- recognizes the connection between energy grant program. ment suppliers to develop and demonstrate policy and transportation policy and the im- Conserve by Bicycling. Authorizes the Sec- portance of utilizing new technologies and retary of Transportation to establish a pilot technologies that increase fuel economy, re- alternative fuels to meet our transportation program that would provide funding for up duce emissions, and lower costs of marine energy needs. The STREET Act promotes to 10 geographically dispersed projects to en- transportation and increase the efficiency of the Federal Government’s leadership in the courage the use of bicycles in place of motor intermodal transfers. The bill authorizes development and utilization of alternative vehicles. The bill authorizes $10 million for such sums as may be necessary for the estab- and renewable fuels in the transportation this program. lishment of this public-private partnership. sector and in the operation of Federal build- Energy Impacts. Requires that environ- Improving Hydropower Capabilities. Di- ings. Our Nation’s energy needs are increas- mental impact statements prepared for Fed- ing. Energy use in the transportation sector eral-aid highway and transit projects quan- rects the Secretary of the Army to study the alone has increased by a rate of 1.6 percent tify and consider energy impacts as an envi- potential for reduced fossil fuel consumption each year for the past decade. The vast ma- ronmental consequence of the project. Cur- through an increase in U.S. hydropower ca- jority of that energy (approximately 97 per- rently, Federal Highway Administration pabilities at dams owned or operated by the cent) comes from traditional fuels. Today, guidelines state that energy impacts should Corps of Engineers. the transportation sector consumes a greater be considered as one of 25 environmental Encouragement of Prohibitions on Great share of petroleum (67 percent) than it did in consequences in an EIS. However, the guide- Lakes Off-Shore Drilling. Contains a finding 1973 (50 percent). lines state that ‘‘except for large scale As the Nation’s largest energy consumer, projects, a detailed energy analysis . . . is by Congress that environmental dangers as- the Federal Government is in a unique posi- not needed.’’ As a consequence, the energy sociated with off-shore drilling in the Great tion to promote energy efficiency and the impact of smaller-scale projects is often not Lakes for oil and gas outweigh the potential use of alternative and renewable fuels. The quantified and not thoroughly considered. benefits of such drilling and encourages the STREET Act promotes greater energy effi- This section remedies that by requiring that Great Lake states to continue to prohibit ciency in our transportation sector and our all Federal-aid highway and transit projects off-shore drilling for oil and gas where such Federal buildings and furthers the develop- quantify and consider energy impacts. prohibitions already exist and to enact a pro- ment and use of alternative and renewable Extension of Transportation Fringe Bene- hibition of such drilling where one does not fuels in our highways, our railroads, our air- fits. Amends section 132(f) of the Internal yet exist. planes, our ships, and in our Federal build- Revenue Code to include as a transportation ings. fringe benefit that is excludable from an em-

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A09FE8.019 E09PT1 E194 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2005 WISHING A HEALTHY, HAPPY NEW bers, leaders, and sponsors of Boy Scout he was awarded the Meritorious Civilian Serv- YEAR TO ORGANIZATION OF CHI- Troop 243, founded in Lafayette, California, on ice Award and was inducted into the Gallery of NESE AMERICANS the 50th Anniversary of the Troop. Distinguished Civilian Employees, U.S. Army Boy Scouting touches us all at some point Corps of Engineers in 1991; awards befitting HON. MELISSA A. HART in our lives—as troop members, parent volun- his commitment and his abilities. He retired OF PENNSYLVANIA teers, civic supporters, or simply as residents from the Corp of Engineers to take up his po- IN THE HOUSE OF REPRESENTATIVES of our communities where we see the achieve- sition with the Mississippi Valley Flood Control Wednesday, February 9, 2005 ments of local Boy Scouts as upstanding mod- Association. els for our youth. In addition to an impressive record of public Ms. HART. Mr. Speaker, I would like to wish If it takes a village to raise a child, it takes service, Mr. Grugett remains active in his the membership of the Organization of Chi- a platoon of parents to serve a Boy Scout church and community. He is a member of the nese Americans a healthy and happy New troop. Nationally, there are close to one million Presbyterian Church, the Scottish Rite Shrine, Year for the year 4703, the year of the Roost- Boy Scouts served by over half a million adult American Legion and the Society of American er. volunteers—on average, more than one adult Military Engineers. The New Year is a time for reflection and for every two Scouts. In light of recent natural disasters, I can’t thanksgiving for the joys of life and loved ones Troop 243 has a rich history of local leader- help but think of our own corner of the world and I am thankful for the richness that this or- and how thankful I am for people like George ganization brings to my region. Chinese Amer- ship. The founding sponsor was a committee icans have made great contributions to West- of the Burton School, St. Mary’s Orchards, Grugett, who have worked with such dedica- ern Pennsylvania and to our nation as a whole and St. Mary’s Estate Home Improvement As- tion to foster flood control, bank stabilization, and I am very honored for this opportunity to sociation. The first Scoutmaster, H. T. drainage and navigation; everyone of them in- wish them the best year yet in 4703. McBride, was followed in 1959 by J.J. tegral to the survival of our area both eco- I encourage my colleagues in the House of DuFosee. In 1965, Harry Wiser served as nomically and physically. On behalf of the Representatives to join me in wishing the Scoutmaster when the Lafayette Christian Congress, I thank George for his dedication members of the Organization of Chinese Church became Troop sponsor. and congratulate him for his years of skilled Americans a very happy and prosperous New Troop growth took off in 1988 when John service to his country. Year. Coleman, a 1974 Troop 243 Eagle Scout, took f f over as Scoutmaster, initiating numerous outdoor activities including 50-mile hikes, snow A TRIBUTE TO WILLARD D. SMALL PERSONAL EXPLANATION skiing, summer camping, river rafting, and a 100-mile bicycle trip over Mt. Lassen. HON. MIKE McINTYRE HON. ROBERT W. NEY The program of varied outdoor activities, in- OF NORTH CAROLINA OF OHIO cluding canoeing in Minnesota, continued IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES under Scoutmaster Terry Campbell in 1994. Wednesday, February 9, 2005 Wednesday, February 9, 2005 Then in 1996 John Coleman returned, adding new Troop experiences, including a sailing ex- Mr. MCINTYRE. Mr. Speaker, I rise today to Mr. NEY. Mr. Speaker, because US Airways pay tribute to Mr. Willard D. Small of Fair canceled my flight into Washington, DC on pedition to Catalina Island. Throughout the 50-year life of Troop 243, Bluff, North Carolina for his 48 years of serv- February 8, 2005, I was unable to be present ice as councilman to the citizens of Fair Bluff for rollcall vote no. 20, on agreeing to H. Res. generations of Boy Scouts have taken on Good Deeds projects as good community in Columbus County. Mr. Small’s tenure as 46; for rollcall vote no. 21, on agreeing to H.R. councilman is the longest in North Carolina, 315, the John Milton Bryan Simpson United members and civic representatives. Scouts and parents donate many hours cleaning up and his work has made a tremendous dif- States Courthouse Designation Act; and, for ference in the town and the community. rollcall vote no. 22, on agreeing to H.R. 548, local creeks and trails. This year the Troop raised over 22,000 pounds of food for the Samuel Logan Bringle, the legendary leader the Tony Hall Federal Building and United in the Salvation Army, once said some very States Courthouse Designation Act. Had I local food bank! Mr. Speaker, I honor the 50 years of accom- important words that reflect the character and been present I would have voted ‘‘yes’’ on roll- life of Willard Small. He said, ‘‘The final esti- call vote no. 20, ‘‘yes’’ on rollcall vote no. 21, plishments of members, leaders, and sponsors mate of a man will show that history cares not and ‘‘yes’’ on rollcall vote no. 22. of Troop 243. I am very proud to represent Troop 243 in Congress and I congratulate one iota about the title he has carried or the f them on their achievements. rank he has borne, but only about the quality PERSONAL EXPLANATION f of his deeds and the character of his heart.’’ Indeed, Willard has reflected this through his HON. FRANK A. LoBIONDO TRIBUTE TO GEORGE GRUGETT sacrifice and commitment. OF NEW JERSEY From his service as the Fair Bluff Town IN THE HOUSE OF REPRESENTATIVES HON. MARION BERRY Councilman to local businessman to Director for the Cape Fear Farm Credit to Trustee for Wednesday, February 9, 2005 OF ARKANSAS IN THE HOUSE OF REPRESENTATIVES both Southeastern Community College and Mr. LOBIONDO. Mr. Speaker, I was not Campbell University to member of the Colum- present in the House Chamber for votes on Wednesday, February 9, 2005 bus County Economic Development Commis- February 8, 2005, as I was attending the me- Mr. BERRY. Mr. Speaker, I rise today on sion to active member of the Fair Bluff Baptist morial services of a constituent, Corporal behalf of Congress, to acknowledge George Church to devoted husband, father, and friend, Harry Swain, IV of Millville, New Jersey, who Grugett, a man who has devoted his life to his Willard Small has truly been a foundation on died as the result of hostile action in Iraq. If I country and to his community at large. Cur- which Fair Bluff and Columbus County have were present for votes on this day, I would rently, he serves the Mississippi valley as the continued to thrive. Service to others has been have voted ‘‘yea’’ on Rollcall #20, ‘‘yea’’ on Executive Vice President of the Mississippi the embodiment of his life—service that sets a Rollcall #21, and ‘‘yea’’ on Rollcall #22. Valley Flood Control Association, a post he path for others to follow and that we all should f has held since 1980. emulate. IN RECOGNITION OF THE 50TH AN- Mr. Grugett was born and raised in West As we celebrate Presidents’ Day this month, NIVERSARY OF BOY SCOUT Tennessee and while he has always been a let each of us remember the words of a great TROOP 243, FOUNDED IN LAFAY- part of the Mississippi valley, he has served President, Thomas Jefferson, who said, ‘‘To ETTE, CALIFORNIA his country bravely outside American borders. do our fellow man the most good, we must After completing his training with the Aviation lead where we can, follow where we cannot, Cadet Training, United States Army Air Corps, and still go with him, always watching for that HON. ELLEN O. TAUSCHER he flew with the 12th Air Force in the Euro- favorable moment to help him another step OF CALIFORNIA pean Theatre of Operations in WWII. forward!’’ IN THE HOUSE OF REPRESENTATIVES After the war, Mr. Grugett obtained a degree We thank Willard, on behalf of the citizens Wednesday, February 9, 2005 in civil engineering and worked as a civilian of Fair Bluff, Columbus County, and the State Mrs. TAUSCHER. Mr. Speaker, I rise today employee of the Corp of Engineers. Upon his of North Carolina, for always looking for that to congratulate the present and past mem- retirement in 1978 after 35 years of service, favorable moment and for always helping his

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.024 E09PT1 February 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E195 fellow citizens. May God’s strength, joy and the lives of so many. I am honored to have City on June 18, 1946. Mary and Jerry peace be with him always. served with him in Congress and call him a Donohue moved to River Edge, New Jersey in f friend. 1952 where they were blessed with eight fan- I would like to thank the gentleman from tastic children, and later, 17 brilliant and beau- PERSONAL EXPLANATION Ohio for introducing this legislation and I call tiful grandchildren. After earning her BA and on my colleagues for their support on this res- MBA degrees in Education from Fairleigh HON. RANDY NEUGEBAUER olution. Dickinson University, and working on her doc- OF TEXAS f torate in Spanish Literature at New York Uni- IN THE HOUSE OF REPRESENTATIVES versity, Mary embarked on a 26-year teaching CHINA’S ANTI-SECESSION Wednesday, February 9, 2005 career, including her role as the first female LEGISLATION administrator at Paramus Catholic Boys High Mr. NEUGEBAUER. Mr. Speaker, I was un- School. avoidably detained when traveling from my HON. HEATHER WILSON Mary’s life of ‘‘firsts’’ continued. Mary and district on February 8, 2005, and missed roll- OF NEW MEXICO Jerry were elected by the parishioners of St. call vote Nos. 20–22. Had I been present I IN THE HOUSE OF REPRESENTATIVES Peter the Apostle Church to serve on the first would have voted ‘‘aye’’ on all three votes: Parish Council. Mary served as Democratic Wednesday, February 9, 2005 Rollcall vote No. 20: H. Res. 46, Supporting Town Committeewoman for River Edge Dis- the goals and ideals of National Mentoring Mrs. WILSON of New Mexico. Mr. Speaker, trict 4 for over 30 years. She was twice elect- Month; rollcall vote No. 21: H.R. 315, The on Friday, December 17, 2004, the Standing ed River Edge Councilwoman, having the John Milton Bryan Simpson United States Committee of the Chinese National People’s honor of being the first elected woman to Courthouse Designation Act; and rollcall vote Congress (NPC) announced they would in- serve River Edge in that capacity. In 1989, No. 22: H.R. 548, The Tony Hall Federal clude an ‘‘anti-secession’’ law, aimed at Tai- she was elected to the Bergen County Board Building and United States Courthouse Des- wan, in the March 2005 agenda of the Na- of Chosen Freeholders, the first Hispanic to ignation Act. tional People’s Congress. China’s ‘‘anti-seces- serve as a member of the County’s seven-per- f sion legislation’’ indicates that China may be son legislative body. Mary was then elected by willing to make decisions unilaterally to TONY HALL FEDERAL BUILDING the New Jersey State Democratic Committee change the status quo of relations between AND UNITED STATES COURT- to serve two terms as a member of the Demo- China and Taiwan. The proposed law if adopt- HOUSE cratic National Committee, and was elected ed will not foster an atmosphere favorable to Chairperson of the National Hispanic Caucus SPEECH OF cross-strait goodwill between China and Tai- of the Democratic National Committee during wan. President Clinton’s tenure. HON. DEBORAH PRYCE f This past year, after 57 years of marriage, OF OHIO Mary lost the love of her life, her beloved hus- PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES band, friend, and companion, Jerry. His pass- Tuesday, February 8, 2005 ing has caused her much sadness. However, HON. GRACE F. NAPOLITANO Mary continues to give back and touch the Ms. PRYCE of Ohio. Mr. Speaker, it is with OF CALIFORNIA lives of the residents of Northern New Jersey. great honor that I rise today in support of H.R. IN THE HOUSE OF REPRESENTATIVES She serves on the New Bridge Landing Park 548, a bill to designate the Federal building Wednesday, February 9, 2005 Commission, was recently re-elected Demo- and courthouse in Dayton, Ohio, as the ‘‘Tony cratic Committeewoman of District 4 in River Hall Federal Building and United States Court- Mrs. NAPOLITANO. Mr. Speaker, on rollcall Edge, teaches Spanish two hours a week to house.’’ No. 22, had I been present, I would have senior citizens at the Teaneck Senior Center, Since his graduation from Denison Univer- voted ‘‘yes.’’ and assists with national, state, county, and sity, Tony Hall has been working as a public f municipal election campaigns. Also—and for servant, beginning a career that would affect this I am most proud and grateful— Mary not only the residents of the 3rd district in CELEBRATING MARY BUSTILLO DONOHUE’S 80TH BIRTHDAY serves as a caseworker in my Hackensack, Ohio, but the world as well. He returned from New Jersey office three days a week, special- the Peace Corps in 1968, after which he hon- izing in immigration and citizenship services, orably served in both the Ohio statehouse and HON. STEVEN R. ROTHMAN using her vast knowledge, experience, multi- senate before being elected to the U.S. House OF NEW JERSEY lingual gifts and compassionate heart to assist of Representatives in 1978. IN THE HOUSE OF REPRESENTATIVES those people who, very much like her parents, In his 12 terms in the House, Mr. Hall was Wednesday, February 9, 2005 want to become citizens of our great nation a devout advocate for the eradication of pov- and provide a better life for their children. erty and the improvement of human rights Mr. ROTHMAN. Mr. Speaker, I rise today to Mr. Speaker, I rise today with sincere and conditions around the world. While Mr. Hall pay tribute to a remarkable American, a dear enduring admiration, fondness and great re- was a trusted colleague of the House Rules friend of mine, and a dedicated member of my spect for my dear friend and colleague, Mary Committee and tireless worker for the people congressional staff—Mary Bustillo Donohue, Bustillo Donohue and I wish her the very best of Ohio, he is best known for his unwavering who turns 80-years-young on February 14, as she celebrates her 80th birthday. I know commitment to alleviating the crisis of world- 2005. her family, friends, and coworkers will join me wide hunger. In addition to being the founder Mary has dedicated her life to her family in wishing her a wonderful year ahead, filled and chairman of the Congressional Hunger and her community. She was born in Cuba to with joy, happiness, and good health. She is Caucus, Mr. Hall was nominated three times parents who valued education and citizenship. truly an inspiration and role model for us all. for the Nobel Peace Prize for his humanitarian After her family fled a repressive government Happy Birthday Mary! work and dedication to hunger relief issues. in 1933, Mary grew up in New York City with f He resigned from Congress in 2002 to accept a strong sense of the sacrifices her parents a much deserved appointment as the United had made in coming to America, and with TONY HALL FEDERAL BUILDING States Ambassador to the United Nations compassion and admiration for others longing AND UNITED STATES COURT- Agencies for Food and Agriculture. As the to be citizens of our nation. She attended Ca- HOUSE leader of the United Nations World Food Pro- thedral High School, and met the love of her gram, Ambassador Hall has been at the fore- life, Jerry Donohue, on their first date, April SPEECH OF front in confronting the extraordinary challenge 19, 1942. Jerry, who had enlisted in the U.S. HON. MICHAEL R. TURNER of providing food and supplies to the millions Marine Corps and was transferred to the OF OHIO devastated by the tsunami disaster in South Naval Reserve, served his country in World IN THE HOUSE OF REPRESENTATIVES Asia. War II in both the Atlantic and Pacific theaters Tony Hall truly exemplifies what it means to of war. During a brief break from Jerry’s train- Tuesday, February 8, 2005 be a public servant. His faith and dedication to ing at the School of Naval Administration at Mr. TURNER. Mr. Speaker, I rise today in the welfare of others provides an excellent ex- Stanford University, Mary and Jerry were mar- strong support of H.R. 548, the Tony Hall Fed- ample of how one person can positively affect ried at St. Patrick’s Cathedral in New York eral Building and United States Courthouse

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.029 E09PT1 E196 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2005 Designation Act, introduced by my good friend against Irish Catholics in Northern Ireland. My FEBRUARY SCHOOL OF THE and colleague, DAVE HOBSON. congratulations are with Mr. Wahl and his fam- MONTH Tony Hall has a long and distinguished his- ily. tory of service to the people of Ohio, our na- HON. CAROLYN McCARTHY tion, and the world. He served in the Ohio f OF NEW YORK General Assembly and the Ohio Senate. Tony IN THE HOUSE OF REPRESENTATIVES Hall then served 12 terms in the U.S. House TRIBUTE TO THE RESPOND of Representatives where he worked tirelessly CULINARY ACADEMY Wednesday, February 9, 2005 for the interests of the residents of the third Mrs. MCCARTHY. Mr. Speaker, it is with district of Ohio, the district I now have the great pleasure that I announce the Archer honor to represent. Not only did he ably rep- HON. ROBERT E. ANDREWS Street School of Language Arts, Mathematics resent his constituents, Tony Hall was also OF NEW JERSEY and Technology in the Freeport Union Free concerned about the well-being of those who IN THE HOUSE OF REPRESENTATIVES School District as School of the Month in New lived beyond the boundaries of his congres- York’s Fourth Congressional District for Feb- sional district, and his work on hunger and Wednesday, February 9, 2005 ruary 2005. The Archer Street School’s Prin- human rights issues throughout the world Mr. ANDREWS. Mr. Speaker, I rise today to cipal is Paula R. Lein, the Assistant Principal have benefited the lives of many. His work for commend and honor the first graduating class is Kevin Bishop, and the Superintendent of the less fortunate around the world is held in of the Respond Culinary Academy, an innova- Schools in the Freeport Union Free School such high regard that he has been nominated tive vocational program that provides youth District is Dr. Eric Eversley. for the Nobel Peace Prize three times. with essential vocational skills needed for suc- The Archer Street School is committed to Today, Tony Hall serves as the U.S. Am- cess when they return to their homes and teaching their young students the ins and outs bassador to the United Nations Agencies for communities. A collaborative effort between of the ‘‘real world’’. They have developed their Food and Agriculture in Rome. On a personal the New Jersey Juvenile Justice Commission, own community called ‘‘Archerville’’ in which level, my wife and I had the honor to be Tony Respond, Inc., and Union Local 54, the pro- students, in addition to their regular studies, Hall’s guest for dinner last Christmas in Rome. gram looks to help juveniles transition suc- run two-dozen mini-businesses including a His hospitality and graciousness helped make cessfully back into their communities by pre- post office, banking and recycling center, and this holiday very special, and is a typical ex- paring them for jobs in the restaurant industry. even a historical society and museum. The Ar- ample of how he treats people with openness cher Street School affords their students all and warmth. Mr. Speaker, I would like to commend Jeff the opportunities needed to help them suc- We also share a unique connection: Tony Green, Shawn Harris, Ron Gatewood, and ceed in a world that is becoming increasingly Hall’s father was once the mayor of Dayton, a Raafat Hanna for their work in providing an in- more technological and keeping these kids in position which I also held. As mayor, I was al- valuable service to their homes and commu- tuned with the demands of a fast paced world. ways conscious of the extraordinary reputation nities. I would also like to honor John Even with the Archer Street School’s com- his father had earned in that office. Clearly, a DiDonna, Tim Wilson, Remel Ortiz, Kevin mitment to the arts, math and technology, the sense of public duty, a commitment to high Hicks, and Levond Clemmons, who have suc- students and faculty are committed to a standards, and a passion for improving the cessfully graduated from the Respond Cul- strong, productive relationship with the com- lives of others was handed down from father inary Program. May their success in this pro- munity of not only their hometown but with the to son. gram help them realize their full potential for world. On February 14th, the Archer Street The legislation we consider today properly rewarding and successful lives. School will participate in an Act of Kindness honors a man whose accomplishments dem- day in efforts to return to what they feel is a onstrate how one man can make a positive f long-lost human value—simplistic kindness to difference in the lives of his countrymen and RECOGNITION OF NEVADA others. In an effort to keep within the spirit of Act his fellow man throughout the world. I strongly FEDERAL CREDIT UNION urge the passage of this legislation. of Kindness Day, the students and faculty of f this wonderful school community will present a HON. SHELLEY BERKLEY check to me that will help aid the victims of TRIBUTE TO JAMES DAILY WAHL the Tsunami tragedy. The money the students OF NEVADA OF ST. LOUIS, MO raise will be donated to the organization Save IN THE HOUSE OF REPRESENTATIVES the Children, because they know that any HON. RUSS CARNAHAN Wednesday, February 9, 2005 amount will be a tremendous welcome. It is OF MISSOURI because of this generous and gigantic gesture IN THE HOUSE OF REPRESENTATIVES Ms. BERKLEY. Mr. Speaker, I rise today to that the Archer Street School is my choice for Wednesday, February 9, 2005 recognize Nevada Federal Credit Union School of the Month. (FCU), located in my district of Las Vegas, for The Archer Street School of Language Arts, Mr. CARNAHAN. Mr. Speaker, my remarks its efforts to support our troops abroad by pro- Mathematics, and Technology deserves all the today are to recognize James Daily Wahl, re- viding them outstanding financial services. accolades in the world and it is an immense cipient of the Ancient Order of Hiberbernians’ Patriotism can be demonstrated by soldiers honor for me to stand before all of you and Irishman of the Year Award. and civilians alike. As a show of support for talk about the students and faculty and admi- Mr. Wahl, the son of Margaret Dailey Wahl our troops, Nevada FCU is refunding all sav- rable accomplishments. Once again, it is my and John Wahl, is a life-long resident of St. ings and checking related fees for new and esteemed pleasure to announce the Archer Louis, who has always been active in his existing members who are actively serving in Street School as New York’s 4th district church and community. He graduated from St. a designated war zone. This benefit rep- School of the Month for February 2005. Louis University and St. Louis University Law resents an excellent example of what we at f School, and currently practices law, serves as home can do for those who put their lives on a municipal judge in the City of St. Louis. HONORING HOSPICE OF NAPA the line, and I hope that other financial institu- Mr. Wahl’s dedication and loyalty to his fam- VALLEY, INC. tions will follow suit. ily and friends is evident in his 23-year marriage to his wife, Kathy Adelmann, and in his Nevada FCU, with over 82,000 members, HON. MIKE THOMPSON has a commitment to providing the best serv- support of his four children: Kelly, Kerry, and OF CALIFORNIA ice, rates and products to its membership. the twins, Kristin and Tom. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the nearly 250 people in at- From its modest beginnings in the 1950s, Ne- tendance for the presentation of his award vada FCU has flourished into the largest credit Wednesday, February 9, 2005 made it evident to all that his devotion to his union in my State with the understanding that Mr. THOMPSON of California. Mr. Speaker, Irish heritage is ever present. This was best community involvement begins at home. I rise today in recognition of Hospice of Napa exemplified by his steadfast support of the I applaud Nevada FCU and its President Valley, Inc. as it celebrates the grand opening McBride Principles Bill, which barred the State and CEO, Brad Beal, for their ongoing com- of its newest facility. of Missouri from investing in and contracting mitment to their customers, this country and to Hospice of Napa Valley has provided hos- with businesses that practice discrimination those who bravely serve it. pice services throughout the Napa Valley for

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.035 E09PT1 February 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E197 25 years. The new facility will allow hospice tion, taxpayer outreach and compliance assist- RECOGNIZING CAPTAIN JIM HORN services and adult day services to meet cur- ance. This award was to recognize his partici- rent and future needs of those with chronic pation at the Small Business Regulatory En- HON. MICHAEL C. BURGESS conditions and patients with terminal illness. forcement Fairness Act hearings. OF TEXAS Situated on 2.4 acres in central Napa, the IN THE HOUSE OF REPRESENTATIVES new facility houses programming and oper- In 2000, Nick received a Commissioner’s Wednesday, February 9, 2005 ations for both Hospice of Napa Valley and Award for his contributions as an executive Adult Day Services of Napa Valley. This build- team leader, serving under the Deputy Com- Mr. BURGESS. Mr. Speaker, I rise today to ing establishes a permanent home to ensure missioner for Modernization. This award is recognize the service of CPT Jim Horn, son of that the needs of Napa Valley’s terminally and considered the highest honor an IRS Commis- Denton County Judge Mary Horn. CPT Jim chronically ill populations will be served for sioner can bestow to an employee. The Com- Horn was recently promoted following 6 generations to come. missioner cited Nick’s extensive experience in months of training at the U.S. Army’s Infantry Over the past 25 years, Hospice of Napa IRS operations as extremely invaluable to Captain Career Course in Fort Benning, Geor- Valley, Inc. has grown substantially in re- modernization initiatives. gia. sponse to community needs. The new facility Nick is a resident of Illinois after spending Captain Horn’s continued skill and leadership is evident in his service with the 3rd In- will allow Hospice of Napa Valley to extend many years living in many or various cities in fantry Division in Iraq and Kuwait for which he their aid for terminally ill patients who seek the United States. His wife, Mona, is a native received two Bronze Stars. The resolute dedi- comfort as well as quality of life. Hospice also of Illinois and also a 25 year employee of the cation of Captain Horn and his fellow service provides support for the family members of IRS. They plan to continue to reside in Illinois men and women to the people of the United those that are terminally ill. upon Nick’s retirement from the IRS on Feb- Adult Day Services of Napa Valley provides States and Iraq exemplifies the need for ruary 25, 2005. comprehensive health care, rehabilitation democratic leadership throughout the world. It therapies, social services and personal care My wife, Freda, and I wish Nick and his is the work of these fine soldiers that con- for frail, elderly persons and younger function- family a happy future, and I wish to thank him tinues to lead us to success in our overseas ally-impaired adults 18 years or older. Con- for all of his dedications, commitment, and endeavors. tinuing care is also provided for adults with hard work. The distinguished service of Captain Horn Alzheimer’s disease and related dementias. has resulted in his appointment to the Bat- Mr. Speaker, Hospice of Napa Valley, Inc. f talion Adjutant for the 6th Ranger Training has significantly expanded health care serv- Battalion at Eglin Air Force Base, Florida. It is ices to our community with respect and dig- RECOGNIZING ROOSEVELT ELE- my honor today to recognize the vital and re- nity. It is therefore appropriate to honor Hos- MENTARY CUB SCOUT PACK 876 sourceful leadership of Captain Horn and his pice of Napa Valley, Inc. on its new facility’s IN LIVONIA, MICHIGAN commitment to Texas and the United States. grand opening. f f HON. THADDEUS G. McCOTTER TRIBUTE TO JOHN JORDAN RETIREMENT CONGRATULATIONS ‘‘BUCK’’ O’NEIL TO NICK HALL OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES HON. DENNIS MOORE HON. DONALD A. MANZULLO OF KANSAS OF ILLINOIS Wednesday, February 9, 2005 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. MCCOTTER. Mr. Speaker, I rise today Wednesday, February 9, 2005 Wednesday, February 9, 2005 to acknowledge and honor Roosevelt Elemen- Mr. MOORE of Kansas. Mr. Speaker, I rise Mr. MANZULLO. Mr. Speaker, today I wish tary Cub Scout Pack 876, in Livonia, Michi- today to pay tribute to John Jordan ‘‘Buck’’ to recognize the outstanding dedication and gan, as they join Cub Scout packs across the O’Neil, to whom I recently presented the Blue leadership of Leonard (Nick) Hall for his efforts country in celebrating 75 years of Cub Scout- Valley Education Foundation’s Good Neighbor in administrating federal tax law. He has ing. Award. It was a pleasure to present Buck with served for over 30 years in the Internal Rev- this notable distinction. You see, Buck has al- The ‘‘Cubbing Program’’ was introduced by enue Service, IRS. He also served his country ways been one of my great heroes, and there the Boy Scouts of America in 1930, but its in the Army and worked for a time with the is no question that his story of courage and roots go all the way back to the first days of United States Department of Defense. Nick is perseverance has served as an inspiration to Scouting. With the early success of the Boy retiring after over 35 years of federal service many people. Scouts for boys 12 years and older, there was and I want to thank him for his contributions Born the grandson of slaves, Buck joined popular demand for the siblings of Scouts. to Illinois and our country. the Kansas City Monarchs of the Negro Nick is a dedicated and proud member of In 1916, Sir Robert Baden-Powell intro- League in 1938. He remained in Kansas City the IRS executive staff. Nick has served as an duced the ‘‘Wolf Cub’’ program for younger with the Monarchs for seventeen spectacular Area Director for Small Business/Self-Em- boys. This program soon found its way to nu- years, ten as a player and seven as manager. ployed Division, Taxpayer Education and merous communities in America. Finally, after During this time he was named an all-star Communications, TEC, in Chicago, IL. As the 20 years of Boy Scouting in America, Cub three times as a player, served two years with Chairman of the Small Business Committee, I Scouting was introduced. What has followed the United States Navy, and led the Monarchs work closely with TEC, which is a small busi- has been nothing short of phenomenal. Boast- to four league titles as a manager, all the ness focused function of the IRS. It closely ing more than 50,000,000 members since its while facing the harshness of separation and works with small business organizations and inception, no program in history has had the discrimination in a country that was still seg- industry leaders to educate and ensure IRS far ranging impact on American youth than regated. In 1962, Buck broke an important products and services fit the needs of small Cub Scouting. barrier, by being named the first African-Amer- business/self-employed taxpayers. He leads Boys who take part in the Cub Scout pro- ican coach in the Major Leagues by the Chi- about 100 employees responsible for taxpayer cago Cubs. After 33 years with the Cubs, gram take part in interesting and meaningful education and communications programs in 13 Buck returned home in 1988 to scout for the activities with their friends. Through these ac- states, including Illinois. His employees deliver Kansas City Royals. He currently serves as tivities, boys learn sportsmanship, moral vir- federal tax information to over hundreds of chairman of the Negro Leagues Baseball Mu- tues, and cooperation; and, further, in so state and industry organizations and millions seum in Kansas City, a continuing demonstra- doing, the Cub Scout program also strength- of people. He has been a leader in reducing tion of his love for the game of baseball and ens families. taxpayer burden and ensuring fair tax law ad- for his commitment to the essential role that ministration. He was very involved in the most Mr. Speaker, for 75 years Cub Scouting has the Negro Leagues played in the integration of recent comprehensive reorganization and helped boys develop character. I hope my col- both American sport and American society. modernization of the IRS in nearly half a cen- leagues will join me in honoring the Cub Scout During his time in Kansas City, Buck has tury. program, and the scores of beneficent men taught the citizens of the Kansas City metro- In 2004, Nick received a TEC Director’s and women who help mold these boys into politan region about the importance of deter- award for his efforts to taxpayer burden reduc- men of honor, and stellar citizens of America. mination and resolve in the face of hostility, in

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.040 E09PT1 E198 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2005 addition to showing us the importance of fam- Fernandez de Flores in Ganado, Texas. He country were considered for recognition this ily, friendship, happiness and history. Buck was the seventh of nine children. After grad- year. taught us about baseball. But more impor- uating from Kirwin High School in Galveston, Cormac is being recognized for imple- tantly, Buck taught us about life. He is a won- Texas, Patrick Flores entered the St. Mary’s menting an intergenerational arts program that derful role model, and I thank him for his con- Seminary in La Porte, Texas. On May 26, brought senior citizens and at-risk children to- tributions to the Kansas City metropolitan re- 1956 he was ordained to the Catholic Priest- gether for classes in visual arts, movement, gion and to our United States of America. hood and served the Diocese of Galveston- theater, and jazz. f Houston for the next 14 years. In light of statistics that indicate Americans On Cinco de Mayo—May 5, 1970 in San today are less involved in their communities THE SELF-EMPLOYED H.E.A.L.T.H. Antonio, Texas, Patrick Fernandez Flores was than they once were, it’s vital that we encour- ACT consecrated a bishop in the Archdiocese of age and support the kind of selfless contribu- San Antonio. His appointment was an event of tion this young citizen has made. People of all HON. LORETTA SANCHEZ great significance in the history of South ages need to think more about how we can OF CALIFORNIA Texas and the United States. While the Mexi- work together at the local level to ensure the IN THE HOUSE OF REPRESENTATIVES can-American community was one of the larg- health and vitality of our towns and neighbor- est Catholic communities in the United States, hoods. Young volunteers like Cormac are in- Wednesday, February 9, 2005 until that day in 1970 there had never been a spiring examples to all of us, and are among Ms. LORETTA SANCHEZ of California. Mr. Mexican-American bishop. In that regard, like our brightest hopes for a better tomorrow. Speaker, I rise today to introduce the Self-Em- other civil rights leaders of the time, Arch- Mr. Speaker, the program that brought this ployed H.E.A.L.T.H. Act, a bill that repeals bishop Flores broke a barrier in a major na- young role model to our attention—The Pru- Section 162(l) paragraph 4 of the Internal Rev- tional institution—the Catholic Church, and in dential Spirit of Community Awards—was cre- enue Code, and allows self-employed individ- doing so, he helped to lay the groundwork for ated by Prudential Financial in partnership uals to deduct the cost of health insurance in a more equal society. Less than a decade with the National Association of Secondary computing net earnings from self-employment later, in 1979, Bishop Flores was consecrated School Principals in 1995 to impress upon all for tax purposes. Archbishop for his Archdiocese. youth volunteers that their contributions are Under current law, self-employed individuals Archbishop Flores has committed his life not critically important and highly valued, and to do not share the same tax advantages for only to the service to his Church but to the inspire other young people to follow their ex- health insurance as other wage earners who wider community. He has been a leader on ample. Over the past eight years, the program work for large companies and government countless public policy issues that improved has become the Nation’s largest youth rec- agencies. These wage earners can participate the lives of his parishioners and created new ognition effort based solely on community in plans that allow them to pay for their health opportunities for many Americans to partici- service, with more than 170,000 youngsters insurance with pre-tax dollars. This legislation pate in the American Dream. He has long participating since its inception. will provide self-employed workers the same been an advocate for public housing, for the Cormac should be extremely proud to have benefits afforded to wage earners who work rights of immigrants, for health care for the been singled out from such a large group of for large companies, which, in turn, will help poor, for economic development, for edu- dedicated volunteers. I applaud Cormac for his them purchase health insurance. The National cation, and for multi-cultural understanding. initiative in seeking to make his community a Federation of Independent Business has stat- Among his many accomplishments were the better place to live, and for the positive impact ed that allowing the self-employed to purchase creation of the Mexican American Cultural he has had on the lives of others. His actions health care pre-tax dollars will help to reduce Center, a unique program dedicated to devel- show that young Americans can—and do— the number of uninsured Americans. oping Catholic leadership that is responsive to play important roles in our communities, and There are over 16 million sole proprietor- the needs of increasing diverse society, and that America’s community spirit continues to ships in the United States. Self-employed contributing to the establishment of the His- hold tremendous promise for the future. workers represent 7 percent of the U.S. work- panic Scholarship Fund, a national program f force. In the United States, employers play the that has provided over 68,000 college scholar- THE ERRONEOUS TAX REFUND leading role in making health insurance cov- ships to economically disadvantaged His- FAIRNESS ACT erage available to workers, retirees, and their panics. At the heart of both these programs is families. Two-thirds of Americans get their the heart of the Archbishop’s social vision of HON. LORETTA SANCHEZ health insurance through an employer. For giving hope to the disadvantaged and con- OF CALIFORNIA sole proprietors and other Americans, health structing a society that respects diversity and IN THE HOUSE OF REPRESENTATIVES care coverage poses a significant challenge. truly values equality. Wednesday, February 9, 2005 Americans have always admired those who Mr. Speaker, I strongly urge the House to strike out on their own. They are the pass this resolution in the coming weeks. Ms. LORETTA SANCHEZ of California. Mr. innovators and the entrepreneurs. We should Archbishop Patrick Flores has been a national Speaker, I rise today to introduce the Erro- encourage this activity by providing self-em- leader not only for the cause of Hispanic rights neous Tax Refund Fairness Act, a bill to en- ployed workers the opportunity to purchase but for the rights of all Americans. sure the fair treatment of tax payers who re- health care as affordably as those who work f turn overpaid tax refunds and are penalized for others. for it. f COMMENDATION OF CORMAC The deadline for filing tax returns will be O’CONNOR here before you know it. Most Americans re- A BILL TO RECOGNIZE THE PUB- ceive a refund, and our constituents enjoy get- LIC SERVICE OF ARCHBISHOP HON. DENNIS MOORE ting back the money they earned from the PATRICK FLORES OF KANSAS IRS. However, even the IRS can make mis- IN THE HOUSE OF REPRESENTATIVES takes and occasionally people receive more money than they should. Those who have filed HON. CHARLES A. GONZALEZ Wednesday, February 9, 2005 OF TEXAS misleading information on their tax returns IN THE HOUSE OF REPRESENTATIVES Mr. MOORE of Kansas. Mr. Speaker, I rise should be punished for their actions. But did today to congratulate a young student from you know that if a person is mistakenly over- Wednesday, February 9, 2005 the Third District of Kansas who has achieved paid and attempts to return the excess pay- Mr. GONZALEZ. Mr. Speaker, today I intro- national recognition for exemplary volunteer ment to the IRS, they must pay accrued inter- duced a House resolution recognizing the long service in his community. Cormac O’Connor of est on the amount of the erroneous refund? career of public service of Archbishop Patrick Prairie Village has just been named one of the The legislation I am introducing today would Flores of the Archdiocese of San Antonio. top honorees in the state of Kansas by the abate the interest on erroneous tax refunds if Archbishop Flores, the first Mexican American 2005 Prudential Spirit of Community Awards the person receiving the refund made a good- Bishop in the United States, will be retiring on program, an annual honor conferred on the faith effort in a timely manner to return the Tuesday, February 15, 2005, after 34 years of most impressive student volunteers in each money to the IRS. The bill also includes lan- service as a bishop. state, the District of Columbia, and Puerto guage that gives the Secretary of the Treasury Patrick Fernandez Flores, was born on July Rico. This is truly an extraordinary honor, as discretion over whether or not to abate the in- 26, 1929 to Patricio Flores and Trinidad more than 20,000 young people across the terest. If the Secretary establishes that the

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.044 E09PT1 February 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E199 taxpayer received notice of the erroneous no- feated the legendary Ghana warrior and Hall nal-World, ‘‘For almost two years now, Andy tice before the date of demand and did not at- of Famer, Azumah Nelson, for the WBC World has fought and fought and fought. He has re- tempt to resolve the issue with the Internal Super Featherweight Championship. fused to give up. In spite of his illness, his Revenue Service within 30 days, the Sec- ‘‘Jesse’’ James ultimately fought in nine pain, his constant treatments, he has main- retary can determine what amount of the inter- world championship fights winning the IBA tained his courage and his determination.’’ I est, if any, will be abated. World Lightweight Championship, the NABF believe that this quotation exemplifies how the This bill language was included in H.R. Featherweight Championship, and on two sep- enduring strength and bravery of Andrew 1528 last year, which passed both the House arate occasions, the NABF Lightweight Cham- Keenan serves as an inspiration to all of us and Senate, but was not signed into law. I pionship. who were touched by his life, and encourages hope that Congress will remedy the situation After 17 years, Leija ended his professional us all to lead a more thoughtful, more coura- this year. We should punish those who cheat career of 57 matches with a record of 47 wins, geous existence. on their taxes, not those who make an effort including 19 by knock-out, 7 losses, 2 draws, to return money they mistakenly received. and 1 no-contest. f f All this despite having been told early on that he was too small and not strong enough TRIBUTE TO ‘‘JESSE’’ JAMES MILITARY SEXUAL ASSAULT to be a success in the ring. CRIMES REVISION ACT OF 2005 LEIJA As impressive and admirable as his career HON. CHARLES A. GONZALEZ was, James’ dedication to his community is even more so. He founded the ‘‘Jesse’’ James OF TEXAS HON. LORETTA SANCHEZ IN THE HOUSE OF REPRESENTATIVES Leija Youth Foundation, and has long supported the Boys’ and Girls’ Club of San Anto- OF CALIFORNIA Wednesday, February 9, 2005 nio and the San Antonio Parks and Recreation IN THE HOUSE OF REPRESENTATIVES Mr. GONZALEZ. Mr. Speaker, I rise today Boxing Program. He has also supported nu- to pay tribute to a San Antonio hometown merous education programs, including a child Wednesday, February 9, 2005 hero. daycare center to allow teenage mothers to The ‘‘sweet science,’’ as the sport of boxing complete their education. Ms. LORETTA SANCHEZ of California. Mr. has been called, has provided an arena for Beyond being a great boxer, ‘‘Jesse’’ James Speaker, yesterday, I introduced H.R. 664, the epic battles that have produced larger than life Leija has been a truly great citizen, and we in Military Sexual Assault Crimes Revision Act of prize-fight champions who have, throughout San Antonio are lucky to have him. 2005. This bill would repeal Article 120 of the the sport’s history, captivated the national at- To the people of San Antonio ‘‘Jesse’’ Uniformed Code of Military Justice (UCMJ) tention. James Leija is always a winner and he will for- and replace it with an improved sexual abuse Marciano, Ali, Leonard, De La Hoya—all of ever be their Champion. statute patterned on 18 U.S.C. §§2241–2247. them are synonymous with boxing and all are f I introduced an identical bill last year, H.R. well-known champions. However, for every TRIBUTE TO ANDREW KEENAN 4709, which was offered during mark-up of the prize-fighter who captured a title and the na- defense authorization bill. tional spotlight, there is one whose career has not received the attention and accolades it HON. DENNIS MOORE Although the legislation was not included in truly deserves. OF KANSAS the final authorizing bill last year, a provision ‘‘Jesse’’ James Leija of San Antonio is one IN THE HOUSE OF REPRESENTATIVES was included requiring the Secretary of De- of those champions, and his career and com- Wednesday, February 9, 2005 fense to provide the House and Senate Armed mitment to succeeding deserves to be com- Services Committee, by March 1, 2005, a pro- memorated. Mr. MOORE of Kansas. Mr. Speaker, I rise posal for changes regarding sexual offenses in Best known to fans of the sport. ‘‘Jesse’’ today to pay tribute to a young man whose life the UCMJ and the rationale for the changes. James’’ intense talent in the ring resulted in was cut tragically short. Andrew Keenan, a The language also ‘‘strongly encourages DoD some of the best boxing matches in recent resident of Ness City, Kansas, a former intern to closely align the UCMJ’s language on sex- history. And in a sport that has seen it’s share in my congressional office and a law student ual assault law with the appropriate section of at the University of Kansas, passed away on of controversial personas, ‘‘Jesse’’ James al- the federal criminal code.’’ I am reintroducing January 31, at the age of 26, following a pro- ways maintained a dignity and respect for his this legislation to send a strong message to tracted battle with brain cancer. I would like to opponent, the sport and the fans. the DoD that Congress is serious about updat- express my profound sorrow at the death of While many boxing careers last only a few ing the military’s sexual assault statute, and Andrew Keenan and offer my deepest sym- years, ‘‘Jesse’’ James’ recently announced that the changes are expected to incorporate pathies to his fiancee, Erica Brown, his family, that he is retiring after an astonishing seven- the U.S. federal code. teen years in the ring. and friends. The sport will undoubtedly miss him. Andy was a man of exemplary character, a This legislation would help prosecutors, pro- ‘‘Jesse’’ James had a truly impressive ca- character demonstrated by his religious faith, tect victims, and promote good order and dis- reer. Having faced and overcome seemingly his determination to succeed, and his uncom- cipline in the Armed Forces. It offers a grad- insurmountable odds on his way to achieving mon courage in the face of hardship and ill- uated array of offenses that more precisely great success, the story of ‘‘Jesse’’ James ness. He was also a man of great industrious- define nonconsensual sex crimes. The pro- Leija is one that can inspire anyone, in or out ness, ambition, and amiability, qualities which posed provisions expand the scope of sex of the ring. made him respected and well-liked by every- acts that can constitute sexual abuse. They af- Born and raised on the South Side of San one who knew him. While interning in my ford increased protection for victims by em- Antonio, James is a proud graduate of Washington, DC, office, he assisted my legis- phasizing acts of the perpetrator rather than Harlandale High School where being told he lative director with issues involving financial the reaction of the victim during an assault. was too small to play football drove him in the services, taxation and telecommunications. This legislation expressly provides for cases direction of an even more challenging sport— Andy was also possessed a great sense of involving voluntary and involuntary intoxication boxing. empathy and the heart of a true humanitarian. of the victim, which are common fact patterns His parents, including his former pro-fighter His efforts to aid the unfortunate took many in military sexual assault cases. Finally, it father, would not allow him to box until he forms, including the creation of a Web site criminalizes sexual extortion and other forms graduated from high school. So compared to dedicated to raising money for cancer re- of coercing sex from subordinates and fellow most aspiring boxers, James got a late start search, providing food and clothing to a young service men and women in a way that will girl in the Philippines through an adoption pro- first entering the ring at the age of 22. He help commanders to maintain good order and quickly won his first fifteen fights and ulti- gram, and, recently, donating money to victims discipline in the armed forces. mately compiled an impressive 23 win and 5 of the tsunami. The fact that he always felt loss amateur record. He won a San Antonio compassion for people who were suffering, By undertaking this critical revision to the Golden Gloves title, won the 1988 Western even while suffering himself, is a testament to UCMJ, we will demonstrate that the Depart- Olympic Trials and competed in the 1988 the kind of benevolent and caring of person he ment of Defense and Congress are committed Olympic Trials. was. to reducing the incidence of sexual assault In 1994, Leija became only the third San As University of Kansas law professor Mike within the Armed Forces, and bringing justice Antono boxer to win a world title when he de- Hoeflich wrote recently in the Lawrence Jour- to the victims.

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.048 E09PT1 E200 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2005 COMMENDING WINTHROP UNIVER- and policymakers, but the general public as Gordon Technical High School provide a qual- SITY HOSPITAL FOR RECEIVING well, and the American Heart Association ity education while instilling values that will THIS YEAR’S DISTINGUISHED should be commended for its efforts to bring serve their students throughout their lives. HOSPITAL AWARD FOR CLINICAL the issue of cardiovascular disease to the These schools provide strong academic cur- EXCELLENCE forefront. The Go Red for Women campaign ricula and promote significant parental involve- has raised public awareness and continues to ment. They teach students the importance of HON. CAROLYN McCARTHY provide women with the education and tools academic achievement while also providing a OF NEW YORK necessary to overcome this terrible disease. balanced perspective on life that promotes re- IN THE HOUSE OF REPRESENTATIVES By empowering women to take control of their sponsibility, justice and social service. Wednesday, February 9, 2005 health through exercise, healthy eating, and Catholic schools also promote ethnic and careful monitoring of their blood pressure and racial diversity. An increasing number of chil- Mrs. MCCARTHY. Mr. Speaker, I would like cholesterol, the AHA has made it possible for dren in Catholic schools in my district come to commend Winthrop University Hospital, them to reduce their risk of heart disease and from our minority communities. Students in which is located in my home town of Mineola, live long, healthy lives. Catholic schools achieve exceptionally high NY, for receiving this year’s Distinguished Mr. Speaker, I again wish to express my graduation rates, and an increasing number Hospital Award for Clinical Excellence. deepest appreciation to the American Heart are advancing to college and giving back to Each year HealthGrades, an independent Association for its efforts to educate the peo- the community through volunteer service. national healthcare quality ratings company, ple of the United States about the dangers of Catholic schools foster more than scholastic rates the quality of our Nation’s hospitals and cardiovascular disease. excellence alone. They provide spiritual guid- recognizes hospitals in the top tier for their f ance to students by encouraging fundamental performance. The Distinguished Hospital ideals and an appreciation for family values, Award for Clinical Excellence is based on clin- RECOGNIZING THE DENTON community service, and faith in their own lives. ical outcomes and quality data collected by COUNTY NAACP This, in turn, shapes Catholic school students the Federal government through the Center for into leaders of tomorrow. Medicare and Medicaid Services. HON. MICHAEL C. BURGESS I want to take this opportunity to applaud Winthrop University Hospital has received OF TEXAS the recent accomplishments of the 2005 this award and has ranked among the top 5 IN THE HOUSE OF REPRESENTATIVES ‘‘Heart of the School’’ award winners. Each percent of all acute-care hospitals in the coun- Wednesday, February 9, 2005 year, the Archdiocese of Chicago Catholic try for overall clinical excellence two years in Schools presents these awards to recognize a row. Both Winthrop’s cardiac and stroke Mr. BURGESS. Mr. Speaker, as we ap- outstanding and innovative accomplishments treatment services were specifically recog- proach the 96th Anniversary since the found- of individual teachers at Archdiocese of Chi- nized for providing outstanding care. In addi- ing of the National Association for the Ad- cago schools. tion, Winthrop received a 5-star rating for their vancement of Colored People (NAACP) it I am very proud that four of these award treatment of pneumonia, was rated ‘‘Best in gives me great honor to recognize the Denton winners currently teach at Catholic schools in Area’’ for their Pulmonary Services and ranked County NAACP for their continued support of my district. Kevin Carroll of St. Patrick High among the top five percent in the Nation for equality and justice in the 26th District of School was recognized for his contribution to their Gastrointestinal Medical Services. Texas. I also congratulate the Denton County Arts Education, Marilyn Ann Skowron of As a nurse for over thirty years before being NAACP on the election of their new officers: Guerin College Preparatory was recognized elected to Congress, I know the difference su- President, Catherine Bell; Vice President, for Innovation and Creativity, and both Kevin perior medical care makes for a patient in the Vanessa Sims; Secretary, Brenda Crawford; L. Booth of Notre Dame High School for Girls treatment and recovery process. Having ac- Treasurer, Carol Hinkle-Kuykendahl; Assistant and Christopher E. Perez of St. Patrick High cess to quality medical services can mean the Secretary, Cassandra Berry; and Assistant School were recognized for Leadership. I difference between life and death. Treasurer, Tonya Demerson. thank these outstanding educators as well as I am proud that such a high quality medical It is the historic fight of the NAACP for civil, all of the dedicated Catholic school teachers in facility is located in my community, and I thank political and social equality which has signifi- my district for their devotion to their students Winthrop and its talented staff for their dedica- cantly advanced the causes of democracy and and for setting the standard for teaching excel- tion and commitment to providing patients and freedom, and continues to improve the status lence. families with such outstanding care. of African Americans in the United States. Mr. Speaker, I support H. Res. 23 and en- f Mr. Speaker, this week in Congress I have courage Catholic schools in my district and COMMENDING THE AMERICAN voted in favor of legislation honoring the across the United States to continue contrib- HEART ASSOCIATION AND THE Tuskegee Airmen and supporting the goals uting to the development of strong moral, intel- GO RED FOR WOMEN CAMPAIGN and ideals of National Black HIV/AIDS Aware- lectual and social values in America’s young ness Day. I can think of no better time to pay people. I thank the National Catholic Edu- HON. DENNIS MOORE tribute to the rich history of the NAACP and to cational Association and the United States congratulate the local chapter on the install- OF KANSAS Conference of Catholic Bishops for their spon- ment of their new officers. IN THE HOUSE OF REPRESENTATIVES sorship of Catholic Schools Week. f Wednesday, February 9, 2005 f Mr. MOORE of Kansas. Mr. Speaker, I rise HONORING CONTRIBUTIONS OF TRIBUTE TO MT. TABOR MIS- today to extend my deepest appreciation to CATHOLIC SCHOOLS SIONARY BAPTIST CHURCH— the American Heart Association and its na- CELEBRATING 104 YEARS OF SPEECH OF tional Go Red for Women campaign and for FAITH AND GOOD WORKS raising public awareness of cardiovascular dis- HON. RAHM EMANUEL ease, which is the number-one killer of women OF ILLINOIS HON. KENDRICK B. MEEK in the United States. IN THE HOUSE OF REPRESENTATIVES OF FLORIDA Mr. Speaker, the impact of cardiovascular IN THE HOUSE OF REPRESENTATIVES disease in the United States is truly shocking, Tuesday, February 1, 2005 as heart disease and stroke claim the lives of Mr. EMANUEL. Mr. Speaker, I rise today in Wednesday, February 9, 2005 nearly 500,000 women each year. This num- strong support of H. Res. 23, a resolution that Mr. MEEK of Florida. Mr. Speaker, I would ber accounts for 43 percent of all female honors the contributions of Catholic schools like to take this opportunity to extend my con- deaths annually, which is more than the next and supports the goals of Catholic Schools gratulations to my pastor Reverend Dr. seven causes of death combined and nearly Week. George Edward McRae and my fellow twice as many as all forms of cancer. In addi- The many accomplishments of Catholic congregants as together we celebrate the tion, nearly eight million American women are schools and their positive impact on students 104th Anniversary of Mt. Tabor Missionary currently living with heart disease, 35 percent and communities throughout the nation is evi- Baptist Church this Sunday, February 13, of those women being the age of 45 or older. dent in the Fifth Congressional District of Illi- 2005. Obviously, this is an issue that deserves the nois, where schools such as St. Pascal Ele- Located in the heart of Miami’s Liberty City attention of not only health care professionals mentary, St. Bartholomew Elementary and at 1701 N.W. 66th Street, this citadel of faith

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.053 E09PT1 February 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E201 has been and continues to be a beacon of er labor movement began to leave African his legacy wi11 live on forever in the hearts comfort and hope in our community. Americans behind. Though African Americans and minds of his loving family and many Under the leadership of our beloved pastor, had increasingly joined the mills and unions, friends. Rev. Dr. McRae, Mt. Tabor has taken an ac- by World War II they still faced de facto limits f tive and progressive role in directly addressing on the types of opportunities they could expect the temporal, as well as spiritual needs of our at the mills. Generally limited to the lower HONORING ROBERT C. WADE, SR. neighbors. I want to commend him for his tire- skilled positions, regardless of their actual abil- less apostolate in ministering to those afflicted ity, this generation began to challenge the HON. RON LEWIS with the HIV/AIDS virus, to those who are im- working order and demand equal treatment, OF KENTUCKY prisoned, to the hungry, and to all those seek- both by their own unions and by management. IN THE HOUSE OF REPRESENTATIVES ing the love and solace of a Church that seeks These struggles culminated in the 1970s, Wednesday, February 9, 2005 to affirm and confirm their dignity as God’s when the mills and unions began setting hiring children. and promotion goals for women and minori- Mr. LEWIS of Kentucky. Mr. Speaker, I rise As we come together in thanks and reflec- ties. Though this represented a watershed today to pay public tribute to a remarkable in- tion on our Church’s 104 years of ministry, this event for African American steelworkers, they dividual from my home district. Robert C. historic anniversary takes on a meaning much have continued to forcefully advocate for their Wade, Sr., a leader in Kentucky rural elec- greater than the passage of time, for Mt. rights while working tirelessly for labor rights trification, retired in December from the Board Tabor Missionary Baptist Church has met the and the future of the steel industry. of Directors at Nolin Rural Electric Cooperative spiritual needs of thousands of people who Mr. Speaker, I ask that you and my other Corporation, bringing his distinguished 34-year came before us, and through the grace of God distinguished colleagues join me in recog- tenure to a close. will continue to do so for another century to nizing the contributions these American he- Bob began his service on the Nolin Board of come. It is a magnificent legacy we will cele- roes have made to the labor movement and to Directors in June 1970. Four years later he brate. their communities. I am proud to honor the was elevated to Chairman, leading Nolin And so I proudly join my fellow church ideals represented by Black History Month and RECC through 29 years of unprecedented members in celebrating 104 years of faith and its 2005 theme of the Niagara Movement, by growth and development. Bob incorporated a good works, of caring of one another, and recognizing the African American steelworkers rare combination of intelligent leadership, inno- reaching through good works to those least who struggled and continue to fight for equal- vation, and consistent hard work to create a able to fend for themselves. ity, opportunity, and an end to racial discrimi- work ethic that has established Nolin as a f nation. model of excellence throughout the coopera- f tive industry. CELEBRATING BLACK HISTORY In addition to his dedicated service at Nolin, MONTH AND ITS 2005 THEME— IN MEMORY OF VIRGIL ‘‘SONNY’’ Bob was also a past chair of Speak Up For THE NIAGARA MOVEMENT DAFFRON Rural Electrification, SURE, and served as a director and on the Planning and Objectives HON. PETER J. VISCLOSKY HON. HAROLD ROGERS Committee of the National Rural Utilities Co- OF INDIANA OF KENTUCKY operative Finance Corporation, CFC, in Hern- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES don, Virginia. In each endeavor, Bob demonstrated a unique and effective commitment Wednesday, February 9, 2005 Wednesday, February 9, 2005 to the cause of rural electrification. Mr. VISCLOSKY. Mr. Speaker, it is with a Mr. ROGERS of Kentucky. Mr. Speaker, I Today, I would like to recognize Robert C. great sense of honor that I rise to celebrate ask the members of this distinguished body to Wade, Sr., before the entire U.S. House of Black History Month and its 2005 theme—the join me in remembering Virgil ‘‘Sonny’’ Representatives, for his contributions to his Niagara Movement. Fitting with this theme Daffron, an upstanding resident of the Fifth community, his state and his Nation. His many which honors the first African American meet- Congressional District of Kentucky. Sonny achievements in the cooperative movement ing held to end racial discrimination, I would passed away on December 27, 2004, at the and rural electrification make him an out- like to recognize the struggles and achieve- age of 79. standing American, worthy of our collective re- ments of African Americans in the steelworker Ever since he was a boy growing up in spect and honor. union movement who faced daunting chal- Junction City, Kentucky, Sonny Daffron never f lenges, but whose lives were forces for met a stranger. Anyone who knew him would change. agree that he was one of the friendliest people THE WAR IN DARFUR Over the last century, African American in- who ever lived. His outgoing personality dustrial history has broken through significant served as a source of joy and inspiration for HON. FRANK R. WOLF barriers. However, the struggle for equal rights all those he encountered. He took this friendly OF VIRGINIA and protections faced numerous challenges demeanor with him to Wayne County, Ken- IN THE HOUSE OF REPRESENTATIVES during this time. The modern struggle for ac- tucky, where he lived with his family during his Wednesday, February 9, 2005 cess to equal rights, protections, and work school years. It was there that he found the began in 1892 with the Homestead Strike, love of his life, Marcia Frances Kelsay. Mr. WOLF. Mr. Speaker, the killing con- when African American workers were brought Sonny and Marcia were a match made in tinues in Darfur and the United Nations has in on trains, unaware of their destination, to heaven. Sonny would recount stories of how become paralyzed and unable to stop it. I am break the strike. This marked the advent of he’d walk past the Kelsay home numerous submitting for the RECORD a copy of a letter the northward migration of African American times each day hoping to catch a glimpse of sent this week to U.N. Secretary General Kofi fieldworkers to the mills of the North. his sweetheart. Although Sonny’s brave serv- Annan signed by 33 members of the House of Though African Americans would increas- ice in the United States Navy took him away Representatives asking him to return to Darfur ingly join the steel mills, they faced discrimina- from Marcia from 1943 to 1946, his love for and to report back to the Security Council on tion and limited opportunities once they ar- her did not falter. He promised himself that the conditions there. rived. This, despite the increased strength and when he returned home, he would make The Security Council must take immediate, numbers the African American community pro- Marcia his wife. effective measures to stop the bloodshed. If vided the labor movement, particularly during He kept that promise, and on April 6, 1947, the Security Council fails to act, Kofi Annan World War I when African American represen- Sonny and Marcia were married. should resign out of protest. The time is now tation in the steel mills swelled. However, it is In addition to being a faithful husband, for bold action. The people of Darfur can wait important to note the perseverance of these Sonny was a loving father to four children: no longer. brave workers who accepted some of the Danny Moore, Annette Susan, Stephen Den- CONGRESS OF THE UNITED STATES, most dangerous jobs and the legacy they pro- ton and David Scott. He was also ‘‘PePaw’’ to Washington, DC, February 7, 2005. Hon. KOFI ANNAN, vided for the generations after them who con- five granddaughters, three grandsons, two Secretary General, United Nations, tinued the fight for equal rights and equal op- great-granddaughters and one great-grandson. New York, NY. portunity. Mr. Speaker, I ask my colleagues to join me DEAR MR. SECRETARY GENERAL: As you are Unfortunately, the successful CIO organizing in honoring the memory of Sonny Daffron. aware, the Government of Sudan and the drives of the 1930s and success of the broad- While he will be sorely missed, I am confident Sudan People’s Liberation Army recently

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A09FE8.057 E09PT1 E202 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2005 signed the much anticipated peace agree- INTRODUCTION OF BILL TO PRO- 1987 the federal district court for Colorado, in ment which ended the cruel war that lasted TECT VICTIMS OF SEXUAL AS- the case of Terk v. Ruch (reported at 655 F. over 20 years and claimed the lives of over SAULT IN THE WORKPLACE Supp. 205), rejected a challenge to Colorado’s two million people. regulations that allocated to Coloradans 90% We commend you for your efforts in sup- HON. CAROLYN B. MALONEY of the available permits for hunting bighorn port of this peace agreement. However, it is OF NEW YORK sheep and mountain goats. vital that as the world looks toward the fu- IN THE HOUSE OF REPRESENTATIVES But a recent Court of Appeals decision ture of Sudan, it does not forget the tragedy marked a change—something that definitely is which is unfolding in Darfur. Villages are Wednesday, February 9, 2005 new. still systematically burned, women continue to be raped, men are still being murdered Mrs. MALONEY. Mr. Speaker, today I intro- In that case (Conservation Force v. Man- and children continue to die from hunger and duce a bill of great public importance to ning, 301 F.3rd 985; 9th Cir. 2002), the federal disease. women in the workforce across the United appeals court for the 9th Circuit held that Ari- zona’s 10 percent cap on nonresident hunting The situation in Darfur continues to dete- States. The U.S. Justice Department esti- riorate with recent attacks. We are very mated that from 2000 to 2002, the percentage of bull elk throughout the state and of antlered much concerned that if the security situa- of rapes and sexual assaults occurring at the deer north of the Colorado River had enough tion does not improve, the remaining NGOs workplace jumped from 2 percent to 10 per- of an effect on interstate commerce that it will be forced to scale down or pull out, leav- cent of the total number of rapes and sexual could run afoul of what lawyers and judges ing the people of Darfur helpless. assaults occurring in the United States yearly. call the ‘‘dormant commerce clause’’ of the The recently released Commission on In- Yet, many of these victims are told their only Constitution. quiry serves as a necessary tool in holding remedy is workers’ compensation. When rape Having reached that conclusion, the appeals accountable those who have committed hor- occurs on the job, employers should not be court determined that the Arizona regulation rible atrocities in Darfur. But it is also es- able to hide behind a system designed to discriminated against interstate commerce— sential that firm action immediately be un- compensate for job-related accidents. My bill meaning the ‘‘dormant commerce clause’’ did dertaken by the United Nations to improve sends a clear message: Rape is not all in a apply and that the regulation was subject to the situation on the ground and save lives. day’s work. strict scrutiny, and could be upheld only if it We urge you to return to Darfur to confirm This bill gives victims of workplace violence served legitimate state purposes and the state with your own eyes that the situation has across the Nation a remedy outside the work- could show that those interests could not be not improved. We cannot continue to status quo. A strong, meaningful resolution should ers’ compensation system. It does this by cre- adequately served by reasonable non-discrimi- be put forward and the Security Council ating a Federal civil rights cause of action, natory alternatives. should act immediately. Only in this manner under certain conditions, for employees who The appeals court went on to find that the the situation in Darfur can be changed. have been the victims of gender-motivated vi- regulations did further Arizona’s legitimate interests in conserving its population of game We are certain that this will have an im- olence at work. This bill will not result in nu- mediate impact on Darfur. We ask that you merous and unwarranted lawsuits against and maintaining recreational opportunities for use your power and prestige to make a pas- small businesses. In fact, the legislation out- its citizens, but it remanded the case so a sionate plea to the Security Council to deal lines very strict requirements regarding wheth- lower court could determine whether the state effectively on Darfur. If the Security Council er a case would fall under the purview of this could meet the burden of showing that reason- fails to take meaningful action, we ask you bill. Workers’ compensation is a great sys- able non-discriminatory alternatives would not to resign in protest. Your resignation would tem—it has created an American workplace be adequate. be an act of moral leadership which the safe from industrial accidents. But the job isn’t Because of the decision’s potential implica- world would greatly admire. done. This bill will encourage employers to tions for their own laws and regulations, it was Great men in history have given up their create a job environment free of violent sexual a source of concern to many states in addition posts to force change. William Wilberforce’s assault and rape, because it is a terribly sad to Arizona. In fact, 22 other States joined in commitment to justice and the abolition of day in America when rape is considered all in supporting Arizona’s request for the decision slavery in Great Britain superseded his pur- a day’s work. to be reviewed by he U.S. Supreme Court. suit of political advancement and many be- f Colorado was one of those States, and our lieve his outspoken fight against slavery then-Attorney General, Ken Salazar, joined in cost him the opportunity to be Prime Min- INTRODUCTION OF BILL TO REAF- ister of England. signing a brief in support of Arizona’s petition FIRM STATE AUTHORITY TO for Supreme Court review. We can and will not allow the world to re- REGULATE RESIDENT AND NON- Regrettably, the Supreme Court denied that main a bystander while this horrific tragedy RESIDENT HUNTING AND FISH- petition. So, for now, the 9th Circuit’s decision unfolds. The situation in Darfur is being de- ING scribed as the worst humanitarian crisis in stands. Its immediate effect is on states the world today. Immediate action has to be whose federal courts are within that circuit— taken. We are confident that anything that HON. MARK UDALL namely those in Alaska, California, Hawaii, you can do to put an end to this situation OF COLORADO Idaho, Montana, Nevada, Oregon, and Wash- will be admired greatly. IN THE HOUSE OF REPRESENTATIVES ington as well those of Guam and the Com- monwealth of the Northern Marinas. But it The powerful movie Hotel Rwanda was re- Wednesday, February 9, 2005 cently released. It highlights how the world could have an effect on the thinking of federal failed the people of Rwanda. The lead actor, Mr. UDALL of Colorado. Mr. Speaker, today courts across the country. Don Cheadle, is nominated for an Oscar and I am introducing a bill to reaffirm the authority The bill’s purpose is to forestall that out- the movie is nominated as best original of each state to regulate hunting and fishing come, and so far as possible to return to the screen play. People will be moved by this within its boundaries, and especially a state’s state of affairs prevailing before the 9th cir- movie and people will remember our pledge authority to enforce laws or regulations that cuit’s decision. of ‘‘never again.’’ differ in the way they treat that state’s resi- The bill would do two things: Sincerely, dents and people residing elsewhere. First, in Section 2(a), it would declare that Frank R. Wolf, Roscoe Bartlett, Dan A similar Senate bill has been introduced by the policy of Congress is that it is in the public Burton, Wm. Lacy Clay, Elijah E. Cummings, Robert Aderholt, Mary Senator REID of Nevada, who introduced a re- interest for each state to continue to regulate Bono, Lois Capps, Tom Davis, Trent lated measure in the 108th Congress. He has the taking of fish and wildlife within its bound- Franks, Michael M. Honda, Peter T. been the leader on this matter, and I am aries, including by means of laws or regula- King, Michael R. McNulty, James P. proud to join in the effort. tions that differentiate between residents and Moran, Joseph R. Pitts, J. Randy There is nothing new about a state’s having non-residents. Forbes, Mark R. Kennedy, James different rules for resident and nonresident And, in Section 2(b), it would provide that si- McGovern, Michael H. Michaud, John hunters or anglers. Colorado draws that dis- lence on the part of Congress is not to be W. Olver, Rick Renzi, Lucille Roybal- tinction in several ways, and many other construed by the courts as imposing any bar- Allard, John J.H. Schwarz, Christopher Shays, Rob Simmons, Mark E. Souder, states do so as well. rier under the commerce clause of the con- James T. Walsh, Tom Osborne, James And while there have been challenges to stitution to a state’s regulation of hunting, fish- F. Sensenbrenner, Jr., John Shimkus, the validity of such rules, until recently the fed- ing, or trapping. Christopher H. Smith, Edolphus Towns eral courts have upheld the right of the states These provisions are intended to speak di- and Zach Wamp, Members of Congress. to make such distinctions. For example, in rectly to the ‘‘dormant commerce clause’’

VerDate Aug 04 2004 05:56 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.062 E09PT1 February 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E203 basis for the 9th Circuit’s decision in Con- and Nonresident Hunting and Fishing Act of ment in the United States. Permit numbers, servation Force v. Manning. 2005.’’ license fees, hunt areas and season dates are I am not a lawyer, but my understanding is Section Two has two subsections: best handled through the legislative and Subsection 2(a) states that it is the policy rulemaking processes at the state level. that lawyers and judges use that term to refer of Cogress that it is in the public interest for to the judicially-established doctrine that the Thank you again for your initiative in tak- each state to continue to regulate the taking ing this bill forward. We look forward to commerce clause is not only a ‘‘positive’’ grant of fish and wildlife for any purpose within its working with you and your staff to achieve of power to Congress, but also a ‘‘negative’’ boundaries, including by means of laws or enactment of the bill. constraint upon the States in the absence of regulations that differentiate between resi- TERRY CRAWFORTH, any Congressional action—in other words, that dents and non-residents with respect to the President. it restricts the powers of the states to affect availability of licenses or permits for par- interstate commerce in a situation where Con- ticular species, the kind and numbers of fish f gress has been silent. or wildlife that may be taken, or the fees Section 2(a) of the bill would end the per- charged in connection with issuance of hunt- IN PRAISE OF OSCAR NOMINATION ing or fishing licenses or permits. FOR AUTISM DOCUMENTARY ceived silence of Congress by affirmatively Subsection 2(b) states that silence on the stating that state regulation of fishing and part of Congress is not to be construed to im- hunting—including State regulation that treats pose any barrier under the commerce clause HON. DAN BURTON residents and non-residents differently—is in of the Constitution to a state’s regulation of OF INDIANA the public interest. This is intended to preclude hunting or fishing. IN THE HOUSE OF REPRESENTATIVES future application of the ‘‘dormant commerce Section Three specifies that the bill is not Wednesday, February 9, 2005 clause’’ doctrine with regard to such regula- to be construed as—limiting the applicability or effect of any Federal law related to Mr. BURTON of Indiana. Mr. Speaker, to- tions. the protection or management of fish or Section 2(b) would make it clear that even wildlife or to the regulation of commerce; night I stand up to do something which some when Congress might have been silent about limiting the authority of the federal of my colleagues might at first glance think is the subject, that silence is not to be construed goverment to prohibit hunting or fishing on unusual; namely I intend to praise the Holly- as imposing a commerce-clause barrier to a any portion of the federal lands; or altering wood establishment, and more precisely, the state’s regulation of hunting or fishing within in any way any right of any Indian Tribe. Academy of Motion Pictures Arts and its borders. Section Four defines the term ‘‘state’’ as Sciences. Normally when Members come to This bill is neither a federal mandate for including the 50 States, the District of Co- the Floor to talk about Hollywood, it is to dis- lumbia, Puerto Rico, Guam, the Virgin Is- state action nor a Congressional delegation of cuss how out of touch Hollywood is with main- authority to any state. Instead, it is intended to lands, American Samoa, and the Common- wealth of the Northern Mariana Islands. stream American values, but tonight I would reaffirm state authority and make clear that INTERNATIONAL ASSOCIATION like to commend Hollywood for doing some- the ‘‘dormant commerce clause’’—that is, Con- OF FISH AND WILDLIFE AGENCIES, thing right. In a few short weeks are the Acad- gressional inaction—is not to be construed as Washington, DC, February 9, 2005. emy Awards, and this year there is a very an obstacle to to state’s regulating hunting or Hon. MARK UDALL, special nominee in the category of documen- fishing, even in ways that some might claim House of Representatives, Cannon House Office tary short subject; a concise film entitled: ‘‘Au- adversely affect interstate commerce by treat- Building, Washington, DC. tism is a World.’’ ing residents differently from nonresidents. DEAR CONGRESSMAN UDALL: The Inter- national Association of Fish and Wildlife This groundbreaking documentary gives It’s also important to note that the bill is not viewers a front row seat into a week in the life intended to affect any federal law already on Agencies, whose government members include the fifty state fish and wildlife agen- of an extraordinary woman, Sue Rubin, as she the books or to limit any authority of any In- cies, strongly supports your bill to reaffirm confronts the day-to-day challenges of living dian Tribe. Section 3 of the bill is intended to state regulation of resident and non-resident with autism. The film’s story chronicles Sue’s prevent any misunderstanding on these points. hunting and fishing. This bipartisan bill is journey to overcome her autism and a false Section 3(1) specifies that the bill will not necessary to address the recent decision of childhood diagnosis of mental retardation to ‘‘limit the applicability or effect of any Federal the Ninth Circuit in Conservation Force v. become a highly intelligent college junior—with law related to the protection or management Manning, 301 F.3d 985 (9th Cir. 2002), cert. dean IQ of 133—and a tireless disabled rights of fish or wildlife or to the regulation of com- nied, 537 U.S. 1112 (2003). That unprecedented activist. But Sue is not only the star of the film merce.’’ decision concluded that hunting of big game Thus, to take just a few examples for pur- in Arizona substantially affects interstate she is also the film’s writer—she wrote the en- commerce such that differential treatment poses of illustration, the bill will not affect im- tire screenplay through facilitated communica- of residents and nonresidents must be strict- tion, a process by which a facilitator supports plementation of the Endangered Species Act, ly scrutinized by federal courts. the Migratory Bird Treaty Act, the Lacey Act, the hand or arm of a communicatively im- By subjecting to strict scrutiny analysis paired person while using a keyboard or typ- the National Wildlife Refuge Administration under the dormant Commerce Clause state Act, or the provisions of the Alaska National preferences for residents in highly prized ing device. Joining forces with Oscar award Interest Lands Conservation Act dealing with species, the Ninth Circuit decision strikes at winning director, Gerardine Wurzburg, and subsistence. the ability of states to maintain the level of Syracuse University Professor Douglas Biklen, Section 3(2) similarly provides that the bill is local sacrifice and contribution necessary to founder of the Facilitated Communication Insti- produce big game. tute at Syracuse University, these three gifted not to be read as limiting the authority of the We appreciate your interest in rectifying federal government to temporarily or perma- individuals created a powerful film that tugs at the problems caused by the Ninth Circuit the heart strings and at the same time chal- nently prohibit hunting or fishing on any por- ruling and appreciate also the effort of your tion of the federal lands—as has been done staff to assure the bill is sharply drawn so lenges all the commonly held perceptions and with various National Park System units and in that it neutralizes the effect of the court rul- stereotypes of autism. some other parts of the federal lands for var- ing, but beyond that neither enlarges nor di- Sue Rubin is truly an exceptional young ious reasons, including public safety as well minishes state authority. The limitations woman. From the very beginning she never al- as the protection of fish or wildlife. provisions of section 3 are written to insure lowed herself to fall victim to her disability; and And Section 3(3) explicitly provides that the that no existing federal or tribal authority since the age of 13—when she was first able relating to fish and wildlife would be af- to show her true intelligence and express her- bill will not alter any of the rights of any Indian fected. Tribe. Both resident and nonresident hunters and self to the world through facilitated commu- Mr. Speaker, this bill is narrow in scope but anglers contribute to conservation, yet it is nication—she has used her experience to edu- of national importance because it addresses a essential to conservation efforts in the sev- cate others about autism, and has been a matter of great concern to hunters, anglers, eral States that the level of hunting and shining example to her fellow students at and wildlife managers in many states. I think fishing opportunity for residents not be erod- Whittier College in California where she excels it deserves broad support. ed. The passion and unity that derives from as a history major. She has also traveled For the information of our colleagues, here direct involvement by residents in fish and throughout the United States to speak out is a brief outline of the bill and a letter of sup- wildlife programs is a critical asset in re- publicly in support of the autism community source protection and management. The bill port from the International Association of Fish you have introduced reaffirms that the and facilitated communication. and Wildlife Agencies: states are the appropriate stewards of fish Medical research has not unlocked all the OUTLINE OF BILL and wildlife resources within their borders, answers to autism and its causes, but through Section One provides a short title—‘‘Reaf- the hallmark of the highly successful model films like ‘‘Autism is a World,’’ and the incred- firmation of State Regulation of Resident of fish and wildlife protection and manage- ible efforts of individuals like Sue Rubin,

VerDate Aug 04 2004 05:56 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.066 E09PT1 E204 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2005 Douglas Biklen and Gerardine Wurzburg to re- the course of his life he would become the the height of his career, he was diagnosed shape the way we think about autistic individ- greatest cultural Ambassador that Jamaica, with cancer—a virulent form which rapidly took uals we will hopefully come to realize that indi- and arguably the Caribbean, has ever known. his life. viduals afflicted with autism have so much to He introduced Rastafarianism to the world, Since his death in 1981, his legend has only offer the world. I congratulate Sue Rubin and and established his music, Reggae, once a lit- grown. His message of freedom, unity, and thank her for this courageous film; it is an ex- tle known Jamaican art form, as one of the justice has echoed with each passing decade. cellent contribution to this year’s Academy world’s most recognizable musical genres. One of his biggest hits was a song entitled Awards. I wish everyone associated with this His music gave voice to the daily struggles One Love, which was judged in an inter- film the best of luck on Oscar night. of not only Jamaican people, but of all people national poll to have been the most influential f struggling with oppression and poverty. He song of the 20th century. The world has not vividly captured not only their struggles to sur- yet achieved the universal love for which he TRIBUTE TO ALBERT ROUTIER vive, but also the deep spiritual core that col- advocated, but it is, and will remain, united in VAUGHAN lectively sustained them. its love for him. In so doing, his songs would become an- f HON. LINCOLN DAVIS thems for oppressed people around the world, URGING THE EUROPEAN UNION TO OF TENNESSEE and inspire millions to unite in the quest for MAINTAIN ITS ARMS EMBARGO IN THE HOUSE OF REPRESENTATIVES universal justice and freedom. So powerful was his persona and message that he was ON THE PEOPLE’S REPUBLIC OF Wednesday, February 9, 2005 able to bridge the divide between the warring CHINA Mr. DAVIS of Tennessee. Mr. Speaker, Mr. political parties in Jamaica, subsequently de- SPEECH OF Albert Routier Vaughan passed away on De- creasing political violence in the country. Be- cember 25, 2004, after a distinguished career cause of his power to move people, Marley HON. DAN BURTON spanning 42 years with the U.S. Secret Serv- would at times be viewed as a potential polit- OF INDIANA ice and Vanderbilt University and a well- ical threat at home and abroad. IN THE HOUSE OF REPRESENTATIVES earned retirement. He was a resident of High- The story of this great life would begin very Wednesday, February 2, 2005 lands, North Carolina, at the time of his death. humbly. He was born in the rural Jamaican vil- Mr. Vaughan was born Albert Pouletaud in lage of St. Ann’s Parish in 1945. He would Mr. BURTON of Indiana. Mr. Speaker, the Paris, France, but became friends with a de- leave his home for the capital city of Kingston Status Quo in the Taiwan Straits is under tachment of U.S. Marines in World War I. at the age of 14, in hopes of becoming a mu- threat. This has far less to do with unilateral These marines were instrumental in getting sician. There he would begin his career as steps being taken by Taiwan and much more him to the United States. Ted Vaughan, a ser- local singer. He was also introduced to to do with People’s Republic of China’s (PRC) geant in the detachment, gave young Albert Rastafarianism—whose philosophy and ap- decision to apparently leave its ‘‘Good Neigh- instructions on how to reach the Vaughan proach to life greatly influenced him and his bor’’ policy by the wayside, and embark on a household in Nashville. Ted Vaughan was a music—and to a reggae genre still in its in- new campaign to promote its economic and law enforcement officer. He helped young Al- fancy. military ambitions across the Straits and bert, who became a Vaughan, with his career In 1963 he would form a band with Peter throughout the region. as a U.S. Secret Service Agent. Tosh and Bunny Livingston that would be- For several months now, based on speech- Mr. Vaughan served with distinction in his come known as The Wailers. The Wailers es by Jiang Zemin, it appears that China is in 32 year career with the Secret Service. He re- would spend the next few years developing the process of drafting a so-called Anti-Seces- ceived many distinguished awards, including their sound, and gaining a local following. In sion Law which obligates the People’s Libera- the prestigious Albert Gallatin award. He 1966, Bob would marry Rita Anderson, a tion Army to use military force to annex Tai- served ably under five presidents from Hoover women who would have a profound effect on wan if Beijing believes Taiwanese rhetoric or to Kennedy. his life and music. As a means of supporting actions are moving the Island towards inde- After his retirement from the Secret Service, his new family, he temporarily emigrated to pendence. Mr. Vaughan served for 10 years as Director Newark, Delaware, where he worked in a fac- The prospect of a lifting of the European of Safety for Vanderbilt University in Nashville. tory. Union’s arms embargo against China, together His experience in the Secret Service proved Upon his return to Jamaica, he reformed with the drafting of this Anti-Secession Law, invaluable for his position at Vanderbilt. He The Wailers, dedicating himself to his music. and the publication of a PRC white paper last greatly enhanced the safety and security of This period would see The Wailers produce a year entitled, ‘‘China’s National Defense in the university and its environs during his ten- wealth of new material, eventually signing to 2004,’’ calling Taiwan’s independence advo- ure. the Island Records label. This relationship cates the ‘‘biggest immediate threat to China’s Mr. Vaughan was laid to rest on December would produce the first Bob Marley album to sovereignty and territorial integrity,’’ are alarm- 29, 2004, in his adopted hometown of Nash- be released outside Jamaica, Catch a Fire. ing items in and of themselves, but taken as ville. We are grateful that Mr. Vaughan as a Soon he and his band were receiving world- a whole they represent a disturbing trend in young man adopted this country as his own wide acclaim. China’s thinking about the situation in the Tai- and that those U.S. Marines were able to se- The Wailers would eventually disband how- wan Straits. cure his passage. We are thankful for his long ever, and Marley would embark on a solo ca- Officials at the State Department and our and distinguished service to our country and reer. He would see his success and notoriety friends in Taiwan are extremely uneasy to say to Vanderbilt and for his life of service. We ex- grow over the next few years. In 1976, his the least over these signals of a change in tend our heart-felt condolences to his family. album Rastaman Vibration, hit the Top Ten in China’s posture towards Taiwan—and with f the United States. He had officially brought good reason. Saber rattling by the PRC is Reggae into the mainstream. nothing new, but this Anti-Secession Law rep- THE 60TH BIRTHDAY OF BOB While his fame grew internationally, he was resents a dangerous new dimension. MARLEY viewed as almost a mystical figure in his na- If enacted, this Anti-Secession Law will cre- tive Jamaica. His popularity and radical mes- ate the legal grounds for Beijing to punish HON. CHARLES B. RANGEL sage of empowerment and unity was per- anyone speaking or acting against reunifica- OF NEW YORK ceived as a threat to the established order, tion of Taiwan and China. Moreover, the law IN THE HOUSE OF REPRESENTATIVES both in Jamaica and beyond. On December 3, will permit, in fact it will compel, Chinese lead- 1976, he was wounded in an assassination at- ers to use force against Taiwan if China con- Wednesday, February 9, 2005 tempt, an event that forced him to leave Ja- siders Taiwanese leaders are engaging in so- Mr. RANGEL. Mr. Speaker, I rise to com- maica for over a year. called separatist activities. memorate one of the most enduring figures of However, violence could not temper his mu- The Law clearly undermines efforts to en- our time. Today marks the 60th anniversary of sical voice or soaring popularity. In 1977, he hance the goodwill that has grown-up across the birth of musical icon Bob Marley. The past had his biggest selling record to date, Exodus. the Straits in recent years spawned by deep week has seen a global celebration of This period would also see him tour the world, socio-cultural ties, and the increasing eco- Marley’s life and works, and rightly so. including an independent Zimbabwe, whose nomic interdependence between Taiwan and Bob Marley is one of the most transcendent struggle for freedom and racial justice was im- the Mainland. If this Anti-Secession Law is en- and iconic figures in modem music history. In mortalized in one of his songs. Tragically, at acted, the response from the Taiwanese will

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.069 E09PT1 February 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E205 be predictable; military tension will rise accord- of Marie Rust as she retires from the National has made possible the current rehabilitation ingly in the Taiwan Strait and regional peace Park Service. Ms. Rust will be retiring after effort at the Site, which will provide accessi- and stability will be affected. This cannot be in spending 31 years as caretaker of the Na- bility to all visitors, broaden the Edison story the best interests of any country, especially tional Park System in 13 northeast states. with new exhibits and tours, and preserve the those in the region. Early in her National Park Service Career, as buildings for future generations of visitors. Mr. Speaker, since 9/11 there has been a Director of Personnel, she was personally heightened recognition of the benefits of co- charged with forming the North Atlantic Re- Close to my own heart, she has been active operation with Beijing on security issues in the gion, of which my home state of New Jersey on the International front as a founding mem- region; ranging from eliminating the North Ko- is a member. ber of the International Coalition of Historic rean nuclear threat, to stabilizing the Taiwan She has been a tireless advocate for the Sites of Conscience, working to preserve his- Strait, and countering global terrorism. A secu- National Parks of New Jersey, including Edi- toric sites that are connected to social issues. rity crisis over Taiwan is something we all son National Historic Site, Morristown National She has safeguarded the history of these must work to avert. But, China’s proposed Historical Park, Delaware Water Gap National Anti-Secession Law is a bad law with serious places and used them to foster public dia- Recreation Area, and the Sandy Hook Unit of logue, reminding us always that our past can consequences for future relations between Gateway National Recreation Area. China and Taiwan, as well as regional sta- In my own Congressional District, Ms. Rust and should shape the way we speak about the bility. I hope the Chinese Government will re- was instrumental in facilitating the develop- contemporary issues of our day. consider their actions and return to the ‘‘Good ment of the public/private partnership between I am grateful for Marie Rust’s leadership in Neighbor’’ policy that has worked so effec- the National Park Service, the Edison Preser- my community and for her three decade long tively for so long. vation Foundation, and the Friends of Edison fight for the protection of our national treas- f National Historic Site. Both groups are de- ures. TRIBUTE TO MARIE RUST voted to the preservation of the Edison legacy and the Historic Site on Main Street in West Mr. Speaker, please join me in extending Orange, as well as the Edison home in my thanks to Ms. Rust for her many years of HON. DONALD M. PAYNE Llewellyn Park. The fund raising efforts of environmental stewardship and preservation, OF NEW JERSEY these groups, combined with the federal ap- and I invite my colleagues to join me in wish- IN THE HOUSE OF REPRESENTATIVES propriations we were able to secure, have ing her a rewarding retirement. Wednesday, February 9, 2005 been instrumental in saving the site’s historic Mr. PAYNE. Mr. Speaker, I rise today to structures and improving the condition of the recognize and honor the distinguished career artifacts the buildings contain. Her leadership

VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A09FE8.073 E09PT1 E206 CONGRESSIONAL RECORD — Extensions of Remarks February 9, 2005 SENATE COMMITTEE MEETINGS to be an Assistant Secretary of the 2:30 p.m. Title IV of Senate Resolution 4, Navy, and the following named officer Energy and Natural Resources for appointment in the United States National Parks Subcommittee agreed to by the Senate on February 4, Navy to the grade indicated while as- To hold hearings to examine National 1977, calls for establishment of a sys- signed to a position of importance and Park Service’s implementation of the tem for a computerized schedule of all responsibility under title 10, U.S.C., Federal Lands Recreation Enhance- meetings and hearings of Senate com- section 601: Adm. William J. Fallon, to ment Act. mittees, subcommittees, joint commit- be Admiral. SD–366 tees, and committees of conference. SR–222 This title requires all such committees MARCH 1 to notify the Office of the Senate Daily FEBRUARY 16 10 a.m. Digest—designated by the Rules Com- 9:30 a.m. Energy and Natural Resources mittee—of the time, place, and purpose Indian Affairs To hold hearings to examine the Presi- of the meetings, when scheduled, and To hold hearings to examine the Presi- dent’s proposed budget request for fis- any cancellations or changes in the dent’s fiscal year 2006 budget request cal year 2006 for the Department of the for Indian programs. Interior. meetings as they occur. SD–366 As an additional procedure along SR–485 with the computerization of this infor- 10 a.m. Banking, Housing, and Urban Affairs MARCH 2 mation, the Office of the Senate Daily To hold hearings to examine the semi- 10 a.m. Digest will prepare this information for annual monetary policy report to Con- Energy and Natural Resources printing in the Extensions of Remarks gress. To hold hearings to examine the Presi- section of the CONGRESSIONAL RECORD SD–106 dent’s proposed budget request for fis- on Monday and Wednesday of each Finance cal year 2006 for the Forest Service. week. To hold hearings to examine the Presi- SD–366 Meetings scheduled for Thursday, dent’s budget proposals for fiscal year February 10, 2005 may be found in the 2006. MARCH 3 Daily Digest of today’s RECORD. SD–215 9:30 a.m. Foreign Relations Armed Services MEETINGS SCHEDULED To hold hearings to examine the Presi- To resume hearings to examine the pro- dent’s proposed budget for fiscal year posed Defense Authorization Request FEBRUARY 15 2006 for foreign affairs. for Fiscal Year 2006 and the Future 9:30 a.m. SD–419 Years Defense Program. Armed Services Health, Education, Labor, and Pensions SH–216 To hold hearings to examine priorities To hold hearings to examine the realities 10 a.m. and plans for the atomic energy de- of safety and security regarding drug Energy and Natural Resources fense activities of the Department of importation. To hold hearings to examine the Presi- Energy and to review the President’s SD–430 dent’s proposed budget request for fis- budget request for fiscal year 2006 for Homeland Security and Governmental Af- cal year 2006 for the Department of En- atomic energy defense activities of the fairs ergy. Department of Energy and National To hold hearings to examine trans- SD–366 Nuclear Security Administration. forming government for the 21st Cen- SH–216 tury. MARCH 8 Homeland Security and Governmental Af- SD–342 9:30 a.m. fairs 11:30 a.m. Armed Services Investigations Subcommittee Energy and Natural Resources To hold hearings to examine military To continue hearings to examine the Business meeting to consider pending strategy and operational requirements United Nations management and over- calendar business. in review of the Defense Authorization sight of the Oil-for-Food Program (OFF Room to be announced Request for fiscal year 2006. Program), focusing on the operations SH–216 of the independent inspection agents FEBRUARY 17 10 a.m. retained by the United Nations and 9:30 a.m. Agriculture, Nutrition, and Forestry their role within the OFF Program, in- Armed Services To hold hearings to examine the reau- cluding the administration of the OFF To resume hearings to examine the pro- thorization of the Commodity Futures Program by the U.N. Office of the Iraq posed Defense Authorization Request Trading Commission. Program and the findings of the U.N. SD–106 Office of Internal Oversight Services. for Fiscal Year 2006 and the Future Years Defense Program. 2 p.m. SD–342 Veterans’ Affairs 10 a.m. SH–216 Foreign Relations To hold joint hearings with the House Veterans’ Affairs Committee on Veterans Affairs to ex- To hold hearings to examine the To hold hearings to examine democracy amine the legislative presentation of Adminstration’s proposed fiscal year in retreat in Russia. the Disabled American Veterans. 2006 Department of Veterans Affairs SD–419 345 CHOB budget. Judiciary SR–418 Business meeting to consider pending MARCH 9 2:30 p.m. calendar business. Energy and Natural Resources SD–226 10 a.m. Energy Subcommittee 10 a.m. Veterans’ Affairs To hold hearings to examine the future Finance To hold joint hearings with the House of liquefied natural gas, focusing on To hold hearings to examine the nomina- Committee on Veterans Affairs to ex- the prospects for liquefied natural gas tions of Daniel R. Levinson, of Mary- amine the legislative presentation of (LNG) in the United States and to dis- land, to be Inspector General, Depart- the Veterans of Foreign Wars. cuss the safety and security issues re- ment of Health and Human Services, SH–216 lated to LNG developments. Harold Damelin, of Virginia, to be In- SD–366 spector General, Department of the MARCH 10 Foreign Relations Treasury, and Raymond Thomas Wag- 10 a.m. To hold hearings to examine CIA docu- ner, Jr., of Missouri, to be a Member of Veterans’ Affairs ment disclosure under the Nazi War the Internal Revenue Service Oversight To hold joint hearings with the House Crimes Disclosure Act. Board. Committee on Veterans Affairs to ex- SD–419 SD–215 amine the legislative presentations of 4 p.m. Small Business and Entrepreneurship the Blinded Veterans Association, the Armed Services To hold hearings to examine the Presi- Non-Commissioned Officers Associa- To hold hearings to examine the nomina- dent’s budget request for fiscal year tion, the Military Order of the Purple tions of John Paul Woodley, Jr., of Vir- 2006 for the Small Business Adminis- Heart, the Paralyzed Veterans of ginia, to be an Assistant Secretary of tration. America and the Jewish War Veterans. the Army, Buddie J. Penn, of Virginia, SR–428A 345 CHOB

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VerDate Aug 04 2004 05:33 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\M09FE8.000 E09PT1 Wednesday, February 9, 2005 Daily Digest Senate Union; which was referred to the Committee on Chamber Action Armed Services. (PM–4) Page S1197 Routine Proceedings, pages S1149–S1218 Appointments: Measures Introduced: Seventeen bills were intro- Board of Regents of the Smithsonian Institu- duced, as follows: S. 324–340. Pages S1198–99 tion: The Chair, on behalf of the Vice President, Class Action Fairness Act Agreement: Senate con- pursuant to the provisions of 20 U.S.C., sections 42 tinued consideration of S. 5, to amend the proce- and 43, appointed Senator Leahy as a member of the dures that apply to consideration of interstate class Board of Regents of the Smithsonian Institution. actions to assure fairer outcomes for class members Page S1218 and defendants, taking action on the following amendments proposed thereto: Senate National Security Working Group: The Pages S1150–52, S1157–89 Chair announced, on behalf of the Democratic Lead- Pending: er, pursuant to the provisions of S. Res. 105 (adopt- Durbin (Modified) Amendment No. 3, to preserve ed April 13, 1989), as amended by S. Res. 149 State court procedures for handling mass actions. (adopted October 5, 1993), as amended by Public Page S1157 Law 105–275 (adopted October 21, 1998), further Feingold Amendment No. 12, to establish time amended by S. Res. 75 (adopted March 25, 1999), limits for action by Federal district courts on mo- amended by S. Res. 383 (adopted October 27, tions to remand cases that have been removed to 2000), and amended by S. Res. 355 (adopted No- Federal court. Page S1184 vember 13, 2002), and further amended by S. Res. Rejected: 480 (adopted November 20, 2004), the appointment Pryor Amendment No. 5, to exempt class action of the following Senators to serve as members of the lawsuits brought by the attorney general of any State Senate National Security Working Group for the from the modified civil procedures required by this 109th Congress: Senators Byrd (Democratic Admin- Act. (By 60 yeas to 39 nays (Vote No. 5), Senate ta- istrative Co-Chairman), Levin (Democratic Co-Chair- bled the amendment.) Pages S1157–65 man), Biden (Democratic Co-Chairman), Kennedy, By 40 yeas to 59 nays (Vote No. 6), Kennedy Sarbanes, Dorgan, Durbin, Nelson (FL) and Dayton. Amendment No. 2, to amend the definition of class Page S1218 action in title 28, United States Code, to exclude Nominations Received: Senate received the fol- class actions relating to civil rights of the payment lowing nominations: of wages. Pages S1165–66, S1180–83 2 Air Force nominations in the rank of general. By 38 yeas to 61 nays (Vote No. 7), Feinstein/ Page S1218 Bingaman Amendment No. 4, to clarify the application of State law in certain class actions. Messages From the House: Page S1197 Pages S1166–71, S1183–84 Measures Referred: Page S1197 A unanimous-consent agreement was reached pro- Executive Communications: Pages S1197–98 viding for further consideration of the bill at approximately 11:30 a.m., on Thursday, February 10, Additional Cosponsors: Page S1199 2005. Page S1218 Statements on Introduced Bills/Resolutions: Messages From the President: Senate received the Pages S1199–S1215 following message from the President of the United Additional Statements: Pages S1195–97 States: Amendments Submitted: Pages S1215–17 Transmitting, pursuant to law, a report concerning the plan for securing nuclear weapons, mate- Notices of Hearings/Meetings: Page S1217 rial, and expertise of the states of the former Soviet Authority for Committees to Meet: Pages S1217–18 D71

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Privilege of the Floor: Page S1218 S. 200, to establish the Arabia Mountain National Record Votes: Three record votes were taken today. Heritage Area in the State of Georgia, with an (Total—7) Pages S1165, S1183, S1184 amendment; S. 203, to reduce temporarily the royalty required Adjournment: Senate convened at 9:30 a.m., and to be paid for sodium produced on Federal lands; adjourned at 5:58 p.m., until 9:30 a.m., on Thurs- S. 204, to establish the Atchafalaya National Her- day, February 10, 2005. (For Senate’s program, see itage Area in the State of Louisiana; the remarks of Majority Leader in today’s Record on S. 205, to authorize the American Battle Monu- page S1218.) ments Commission to establish in the State of Lou- isiana a memorial to honor the Buffalo Soldiers; Committee Meetings S. 207, to adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical (Committees not listed did not meet) Park and Preserve in the State of Louisiana; 2006 BUDGET S. 212, to amend the Valles Caldera Preservation Committee on the Budget: Committee held a hearing to Act to improve the preservation of the Valles examine the President’s proposed budget for fiscal Caldera; year 2006, receiving testimony from Joshua B. S. 214, to authorize the Secretary of the Interior Bolten, Director, Office of Management and Budget. to cooperate with the States on the border with Mexico and other appropriate entities in conducting BUSINESS MEETING a hydrogeologic characterization, mapping, and mod- Committee on Energy and Natural Resources: Committee eling program for priority transboundary aquifers; ordered favorably reported the following bills: S. 225, to direct the Secretary of the Interior to S. 47, to provide for the exchange of certain Fed- undertake a program to reduce the risks from and eral land in the Santa Fe National Forest; and certain mitigate the effects of avalanches on recreational non-Federal land in the Pecos National Historical users of public land, with an amendment in the na- Park in the State of New Mexico; ture of a substitute; S. 63, to establish the Northern Rio Grande Na- S. 229, to clear title to certain real property in tional Heritage Area in the State of New Mexico, New Mexico associated with the Middle Rio Grande with an amendment; Project; S. 74, to designate a portion of the White Salmon S. 231, to authorize the Bureau of Reclamation to River as a component of the National Wild and Sce- participate in the rehabilitation of the Wallowa Lake nic Rivers System; Dam in Oregon; S. 134, to adjust the boundary of Redwood Na- S. 232, to authorize the Secretary of the Interior, tional Park in the State of California; acting through the Bureau of Reclamation, to assist S. 153, to direct the Secretary of the Interior to in the implementation of fish passage and screening conduct a resource study of the Rim of the Valley facilities at non-Federal water projects; Corridor in the State of California to evaluate alter- S. 243, to establish a program and criteria for Na- natives for protecting the resources of the Corridor; tional Heritage Areas in the United States; S. 156, to designate the Ojito Wilderness Study S. 244, to extend the deadline for commencement Area as wilderness, to take certain land into trust for of construction of a hydroelectric project in the State the Pueblo of Zia, with an amendment; of Wyoming; S. 163, to establish the National Mormon Pioneer S. 249, to establish the Great Basin National Her- Heritage Area in the State of Utah, with an amend- itage Route in the States of Nevada and Utah; ment; S. 252, to direct the Secretary of the Interior to S. 176, to extend the deadline for commencement convey certain land in Washoe County, Nevada, to of construction of a hydroelectric project in the State the Board of Regents of the University and Commu- of Alaska; nity College System of Nevada; S. 177, to further the purposes of the Reclamation S. 253, to direct the Secretary of the Interior to Projects Authorization and Adjustment Act of 1992 convey certain land to the land to the Edward H. by directing the Secretary of the Interior, acting McDaniel American Legion Post No. 22 in through the Commissioner of Reclamation, to carry Pahrump, Nevada, for the construction of a post out an assessment and demonstration program to building and memorial park for use by the American control salt cedar and Russian olive; Legion, other veterans’ groups, and the local commu- S. 178, to provide assistance to the State of New nity, with an amendment; Mexico for the development of comprehensive State S. 254, to direct the Secretary of the Interior to water plans; convey certain land to Lander County, Nevada, and

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the Secretary of the Interior to convey certain land S. 306, to prohibit discrimination on the basis of to Eureka County, Nevada, for continued use as genetic information with respect to health insurance cemeteries; and employment; S. 263, to provide for the protection of paleon- S. 302, to make improvements in the Foundation tological resources on Federal lands, with an amend- for the National Institutes of Health; ment; and S. 285, to reauthorize the Children’s Hospitals S. 264, to amend the Reclamation Wastewater Graduate Medical Education Program; and Groundwater Study and Facilities Act to author- S. 288, to extend Federal funding for operation of ize certain projects in the State of Hawaii. State high risk health insurance pools; and BUDGET: EPA The nominations of A. Wilson Greene, of Vir- Committee on Environment and Public Works: Com- ginia, to be a Member of the National Museum and mittee concluded a hearing to examine the Presi- Library Services Board, Katina P. Strauch, of South dent’s proposed budget for fiscal year 2006 for the Carolina, to be a Member of the National Museum Environmental Protection Agency, after receiving and Library Services Board, and Edward L. Flippen, testimony from Stephen L. Johnson, Acting Admin- of Virginia, to be Inspector General, Corporation for istrator, Environmental Protection Agency. National and Community Services. SIX POWER TALKS BUSINESS MEETING Committee on Foreign Relations: Committee met in Committee on Rules and Administration: Committee or- closed session to receive a briefing of an update on dered favorably reported an original resolution au- six-party talks from Joseph DeTrani, Special Envoy thorizing expenditures by all committees of the Sen- to the Six Power Talks. ate. BUSINESS MEETING Committee on Health, Education, Labor, and Pensions: INTELLIGENCE Committee ordered favorably reported the following Select Committee on Intelligence: Committee met in business items: closed session to receive a briefing on certain intel- S. 265, to amend the Public Health Service Act ligence matters from officials of the intelligence to add requirements regarding trauma care; community. h House of Representatives Chaplain: The prayer was offered by Rev. David F. Chamber Action Allen, Pastor, Welcome Baptist Church in Beckley, Measures Introduced: 60 public bills, H.R. 3, West Virginia. Page H417 679–737; 1 private bill, H.R. 738; and 11 resolu- Committee Resignation: Read a letter from Rep- tions, H.J. Res. 17; H. Con. Res. 50–52, and H. resentative Pearce wherein he resigned from the Res. 76–83, were introduced. Pages H520–24 Committee on Transportation and Infrastructure, ef- Additional Cosponsors: Page H520 fective immediately. Page H419 Reports Filed: Reports were filed today as follows: Committee Resignation: Read a letter from Rep- H. Res. 75, providing for further consideration of resentative Harris wherein she resigned from the H.R. 418, to establish and rapidly implement regu- Committee on Government Reform, effective imme- lations for State driver’s license and identification diately. Page H419 document security standards, to prevent terrorists Committee Elections: The House agreed to H. Res. from abusing the asylum laws of the United States, 73, electing the following members to the Com- to unify terrorism-related grounds for inadmissibility mittee on Homeland Security, with previously elect- and removal, and to ensure expeditious construction ed members restated for the purpose of ranking: of the San Diego border fence (H. Rept. 109–4). Representatives Young (AL), Smith (TX), Weldon Speaker: Read a letter from the Speaker wherein he (PA), Shays, King (NY), Linder, Souder, Tom Davis appointed Representative Emerson to act as Speaker pro tempore for today. Page H417

VerDate Aug 04 2004 05:42 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE5.REC D09FE5 D74 CONGRESSIONAL RECORD — DAILY DIGEST February 9, 2005 (VA), Lungren, Gibbons, Simmons, Rogers (AL), ment regulations for State driver’s license and identi- Pearce, Harris, Jindahl, Reichert, McCaul, and Dent. fication document security standards, to prevent ter- Page H419 rorists from abusing the asylum laws of the United Suspensions: The House agreed to suspend the rules States, to unify terrorism-related grounds for inad- and pass the following measures: missibility and removal, and to ensure expeditious construction of the San Diego border fence. Further Sense of the House that the Department of De- consideration of the bill will resume tomorrow, Feb- fense should continue to support the activities of ruary 10. Pages H437–71, H481 the Boy Scouts of America: H. Con. Res. 6, express- H. Res. 71, the rule providing for consideration ing the sense of the Congress that the Department of the bill was agreed to by voice vote. Page H437 of Defense should continue to exercise its statutory A point of order was raised against the consider- authority to support the activities of the Boy Scouts ation of the resolution and it was agreed to proceed of America, in particular the periodic national and with consideration by a yea-and-nay vote of 228 yeas 2 world Boy Scout Jamborees, by a ⁄3 yea-and-nay to 191 nays, Roll No. 23. Pages H437–42 vote of 418 yeas to 7 nays, Roll No. 24; Pages H419–22, H479–80 Presidential Message: Read a message from the President wherein he transmitted a report on imple- Honoring the Tuskegee Airmen for their bravery mentation during 2003 of the plan for securing nu- in World War II: H. Con. Res. 26, honoring the clear weapons, material, and expertise of the states of Tuskegee Airmen for their bravery in fighting for the former Soviet Union—referred to the Committee our freedom in World War II, and for their con- on International Relations. Page H453 tribution in creating an integrated United States Air Quorum Calls—Votes: Four yea-and-nay votes de- Force, by a 2⁄3 yea-and-nay vote of 423 yeas with none voting ‘‘nay’’, Roll No. 25; veloped during the proceedings today and appear on Pages H422–30, H480–81 pages H441–42, H479–80, H480–81 and H481. There were no quorum calls. Supporting the goals and ideals of National Black HIV/AIDS Awareness Day: H. Con. Res. 30, Adjournment: The House met at 10 a.m. and ad- amended, supporting the goals and ideals of Na- journed at 9:38 p.m. tional Black HIV/AIDS Awareness Day, by a 2⁄3 yea- and-nay vote of 422 yeas with none voting ‘‘nay’’, Committee Meetings Roll No. 26; and Pages H430–37, H481 Honoring the life and accomplishments of the NATIONAL DEFENSE AUTHORIZATION late Ossie Davis: H. Res. 69, honoring the life and BUDGET REQUEST FISCAL YEAR 2006 accomplishments of the late Ossie Davis. Committee on Armed Services: Held a hearing on the Pages H472–79 Fiscal Year 2006 National Defense Authorization Committee Election: The House agreed to H. Res. budget request. Testimony was heard from the fol- 74, electing the following Members and Delegates to lowing officials of the Department of the Army: certain standing committees: Francis J. Harvey, Secretary; and GEN Peter J. Committee on the Budget: Representative Schoomaker, USA, Chief of Staff. Schwartz (PA). Page H422 Hearings continue February 16. Committee on the Judiciary: Representatives Smith (WA) and VanHollen. Page H422 SOCIAL SECURITY; DEFINING THE Committee on Homeland Security: Representa- PROBLEM tives Loretta Sanchez (CA), Markey, Dicks, Harman, Committee on the Budget: Held a hearing on Social Se- DeFazio, Lowey, Norton, Zoe Lofgren (CA), Jackson- curity: Defining the Problem. Testimony was heard Lee (TX), Pascrell, Christensen, Etheridge, Langevin, from John W. Snow, Secretary of the Treasury; and Meek (FL). Page H422 David M. Walker, Comptroller General, GAO; Committee on Standards of Official Conduct: Douglas J. Holtz-Eakin, Director, CBO; and a pub- Representatives Jones (OH), Gene Green (TX), Roy- lic witness. bal-Allard, and Doyle. Page H422 Committee Resignation: Read a letter from Rep- JOB TRAINING IMPROVEMENT ACT resentative Simmons wherein he resigned from the Committee on Education and the Workforce: Sub- Committee on Veterans’ Affairs. Page H437 committee on 21st Century Competitiveness ap- REAL ID Act of 2005: The House began consider- proved for full Committee action, as amended, H.R. ation of H.R. 418, to establish and rapidly imple- 27, Job Training Improvement Act of 2005.

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BROADCAST DECENCY ENFORCEMENT U.S. GOVERNMENT FINANCIAL REPORT ACT; OVERSIGHT PLAN FISCAL YEAR 2004 Committee on Energy and Commerce: Ordered reported Committee on Government Reform: Subcommittee on H.R. 310, Broadcast Decency Enforcement Act Government Management, Finance, and Account- 2005. ability held a hearing entitled ‘‘Financial Report of The Committee approved an Oversight plan for the United States Government for Fiscal Year 2004.’’ the 109th Congress. Testimony was heard from David M. Walker, Comp- troller, GAO; Jack Martin, Chief Financial Officer, DOE’S FISCAL YEAR 2006 BUDGET Department of Education; and Donald V. Ham- PROPOSAL AND THE ENERGY POLICY ACT mond, Fiscal Assistant Secretary, Department of the OF 2005 Treasury. Committee on Energy and Commerce: Held a hearing en- COMMITTEE ORGANIZATION; OVERSIGHT titled ‘‘Department of Energy’s Fiscal Year 2006 PLAN Budget Proposal and the Energy Policy Act of 2005: Committee on Homeland Security: Met for organizational Ensuring Jobs for Our Future with Secure and Reli- purposes. able Energy.’’ Testimony was heard from Samuel W. The Committee approved an Oversight Plan for Bodman, Secretary of Energy. the 109th Congress. INTERNET PROTOCOL-ENABLED HELP AMERICA VOTE ACT SERVICES—CHANGING FACE OF IMPLEMENTATION; COMMITTEE COMMUNICATIONS ORGANIZATION; OVERSIGHT PLAN Committee on Energy and Commerce: Subcommittee on Committee on House Administration: Held a hearing on Telecommunications and the Internet held a hearing Implementation of the Help America Vote Act. Tes- entitled ‘‘How Internet Protocol-Enabled Services are timony was heard from the following officials of the Changing the Face of Communications: A View from Election Assistance Commission: Gracia Hillman, Chair; and Paul DeGregorio, Vice Chair; Rebecca Technology Companies.’’ Testimony was heard from Vigil-Giron, Secretary of State, New Mexico; Ron public witnesses. Thornburgh, Secretary of State, Kansas; Todd Rokita, Secretary of State, Indiana; and Chet Culver, FANNIE MAE ACCOUNTING Secretary of State/Commissioner of Elections, Iowa. IRREGULARITIES—IMPACT ON INVESTORS Prior to this action, the Committee met for orga- Committee on Financial Services: Subcommittee on Cap- nizational purposes. ital Markets, Insurance, and Government Sponsored The Committee approved an Oversight Plan for Enterprises held a hearing entitled ‘‘Accounting the 109th Congress. Irregularities at Fannie Mae and the Impact on In- vestors.’’ Testimony was heard from Donald T. COMMITTEE ORGANIZATION Nicolaisen, Chief Accountant, SEC. Committee on International Relations: Met for organizational purposes. MISCELLANEOUS MEASURES; COMMITTEE The Committee approved an Oversight Plan for ORGANIZATION; OVERSIGHT PLAN the 109th Congress. Committee on Government Reform: Ordered reported the VOLCKER INTERIM REPORT—U.N. OIL- following measures: H.R. 324, To designate the fa- FOR-FOOD PROGRAM cility of the United States Postal Service. Located at Committee on International Relations: Subcommittee on 321 Montgomery Road in Altamonte Springs, Flor- Oversight and Investigations held a hearing on The ida, as the ‘‘Arthur Stacey Mastrapa Post Office Volcker Interim Report on the United Nations Oil- Building’’; and H. Con. Res. 25, Recognizing the for-Food Program. Testimony was heard from public contributions of Jibreel Khazan (Ezell Blair, Jr.), witnesses. David Richmond, Joseph McNeil, and Franklin McCain, known as the ‘‘Greensboro Four,’’ to the REAL ID ACT OF 2005 civil rights movement. Committee on Rules: Granted, by voice vote, a rule Prior to this action, the Committee met for orga- providing for further consideration of H.R. 418, nizational purposes. REAL ID Act of 2005, under a structured rule. The The Committee approved an Oversight Plan for rule provides that no further general debate shall be the 109th Congress. in order. The rule provides that the amendment

VerDate Aug 04 2004 05:42 Feb 10, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D09FE5.REC D09FE5 D76 CONGRESSIONAL RECORD — DAILY DIGEST February 9, 2005 printed in Part A of the Rules Committee report ac- COMMITTEE MEETINGS FOR THURSDAY, companying the resolution shall be considered as FEBRUARY 10, 2005 adopted in the House and in the Committee of the Whole. The rule provides that the bill, as amended, (Committee meetings are open unless otherwise indicated) shall be considered as the original bill for the pur- Senate pose of further amendment and shall be considered as read. The rule makes in order only those amend- Committee on Armed Services: to hold hearings to examine ments printed in Part B of the report. The rule pro- the proposed Defense Authorization Request for Fiscal Year 2006 and the Future Years Defense Program, 9:30 vides that the amendments printed in Part B of the a.m., SH–216. report may be offered only in the order printed in Committee on Banking, Housing, and Urban Affairs: to the report, may be offered only by a Member des- hold hearings to examine the role of government-spon- ignated in the report, shall be considered as read, sored enterprises in the mortgage market, 10 a.m., shall be debatable for the time specified in the re- SD–538. port equally divided and controlled by the proponent Committee on the Budget: to continue hearings to exam- and an opponent, shall not be subject to amend- ine the President’s proposed budget for fiscal year 2006, ment, and shall not be subject to a demand for divi- 10 a.m., SD–608. sion of the question in the House or in the Com- Committee on Foreign Relations: to hold hearings to exam- mittee of the Whole. The rule waives all points of ine lessons learned regarding the tsunami response, 9:30 order against the amendments printed in Part B of a.m., SD–419. the report. Finally, the rule provides one motion to Committee on the Judiciary: to hold hearings to examine bankruptcy reform, 10:15 a.m., SD–226. recommit with or without instructions. Select Committee on Intelligence: to hold closed hearings to examine certain intelligence matters, 2:30 p.m., SH–219. NATION’S ENERGY SECURITY Committee on Science: Held a hearing on Improving the House Nation’s Energy Security: Can Cars and Trucks Be Committee on Energy and Commerce, Subcommittee on En- Made More Fuel Efficient? Testimony was heard ergy and Air Quality, hearing entitled ‘‘The Energy Pol- from Paul Portney, Chairman, Committee on Effec- icy Act of 2005: Ensuring Jobs for Our Future with Se- tiveness and Impact of Corporate Fuel Economy cure and Reliable Energy,’’ 9:30 a.m., 2123 Rayburn. (CAFE´ ) Standards, National Academy of Sciences; Subcommittee on Health, hearing entitled ‘‘Current and public witnesses. Issues Related to Medical Liability Reform,’’ 1 p.m., 2322 Rayburn. Committee on Government Reform, hearing entitled ‘‘The OVERSIGHT—COMMERCIAL SPACE Perplexing Shift from Shortage to Surplus: Managing TRANSPORTATION This Season’s Flu Shot Supply and Preparing for the Fu- Committee on Transportation and Infrastructure: Sub- ture,’’ 10 a.m., 2154 Rayburn. committee on Aviation held an oversight hearing on Subcommittee on Criminal Justice, Drug Policy and Commercial Space Transportation: Beyond the X Human Resources, hearing entitled ‘‘Fiscal Year 2006 Prize. Testimony was heard from Representative Drug Budget,’’ 2 p.m., 2154 Rayburn. Boehlert; Marion C. Blakey, Administrator, FAA, Committee on Homeland Security, Subcommittee on Emer- gency Preparedness, Science, and Technology, hearing en- Department of Transportation; and public witnesses. titled ‘‘The Proposed Fiscal Year 2006 Budget: Enhanc- ing Terrorism Preparedness for First Responders,’’ 10 PRESIDENT’S BUDGET FISCAL YEAR 2005 a.m., 2212 Rayburn. Committee on Ways and Means: Continued hearings on Committee on International Relations, hearing on The Way the President’s Budget for Fiscal Year 2006. Testi- Forward in the Middle East Peace Process, 10 a.m., 2172 mony was heard from Joshua Bolten, Director, Rayburn. OMB. Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security, oversight hearing on the ‘‘Implications of the Booker/Fanfan Decisions for the COMMITTEE ORGANIZATION Federal Sentencing Guidelines, 10 a.m., 2141 Rayburn. Committee on Ways and Means: Subcommittee on Se- Committee on Resources, hearing on H.R. 512, to require lect Revenue Measures met for organizational pur- the prompt review by the Secretary of the Interior of the poses. longstanding petitions for Federal recognition of certain Indian tribes, 10 a.m., 1324 Longworth. COMMITTEE ORGANIZATION Subcommittee on Water and Power, oversight hearing entitled ‘‘Opportunities and Challenges on Enhancing Committee on Ways and Means: Subcommittee on So- Federal Power Generation and Transmission,’’ 1 p.m., cial Security met for organizational purposes. 1334 Longworth.

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Committee on Science, to meet for organizational purposes, Committee on Ways and Means, Subcommittee on Health, and to mark up H.R. 610, Energy Research, Develop- to meet for organizational purposes, 9:30 a.m., 1129 ment, Demonstration, and Commercial Application Act Longworth, and to hold a hearing on Medicare Payments of 2005, 10 a.m., 2318 Rayburn. to Physicians, 10 a.m., 1100 Longworth. Committee on Small Business, to meet for organizational Subcommittee on Human Resources, to meet for orga- purposes, and to consider an Oversight Plan for the nizational purposes; followed by a hearing on Welfare Re- 109th Congress, 9:30 a.m.; followed by a hearing on the form Reauthorization proposals, 1 p.m., B–318 Rayburn. President’s Fiscal Year 2006 Budget Request impact Subcommittee on Oversight, to meet for organizational upon small business, 10 a.m., 311 Cannon. purposes, 9 a.m., 1129 Rayburn. Committee on Transportation and Infrastructure, Sub- Permanent Select Committee on Intelligence, executive, brief- committee on Highways, Transit, and Pipelines, to meet ing on Global Updates, 9 a.m., and executive, hearing on for organizational purposes, 11 a.m., 2167 Rayburn. Security Clearance Process, 2 p.m., H–405 Capitol. Committee on Veterans’ Affairs, to meet for organizational purposes, 1 p.m., 334 Cannon.

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

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Continue consideration of H.R. morning business (not to extend beyond 2 hours), Senate 418, REAL ID Act of 2005. will continue consideration of S. 5, Class Action Fairness Act.

Extensions of Remarks, as inserted in this issue

HOUSE Lewis, Ron, Ky., E201 Rangel, Charles B., N.Y., E204 LoBiondo, Frank A., N.J., E194 Rogers, Harold, Ky., E201 Andrews, Robert E., N.J., E196 McCarthy, Carolyn, N.Y., E196, E200 Ros-Lehtinen, Ileana, Fla., E189, E190, E191 Baker, Richard H., La., E192 McCotter, Thaddeus G., Mich., E197 Rothman, Steven R., N.J., E195 Berkley, Shelley, Nev., E196 McIntyre, Mike, N.C., E194 Sanchez, Loretta, Calif., E198, E198, E199 Berry, Marion, Ark., E194 Maloney, Carolyn B., N.Y., E202 Tancredo, Thomas G., Colo., E190, E191 Burgess, Michael C., Tex., E197, E200 Manzullo, Donald A., Ill., E197 Tauscher, Ellen O., Calif., E194 Burton, Dan, Ind., E203, E204 Meek, Kendrick B., Fla., E200 Thompson, Mike, Calif., E196 Carnahan, Russ, Mo., E196 Moore, Dennis, Kans., E197, E198, E199, E200 Turner, Michael R., Ohio, E195 Conyers, John, Jr., Mich., E189, E190 Napolitano, Grace F., Calif., E195 Udall, Mark, Colo., E202 Davis, Lincoln, Tenn., E204 Neugebauer, Randy, Tex., E195 Udall, Tom, N.M., E189, E190 Emanuel, Rahm, Ill., E200 Ney, Robert W., Ohio, E194 Visclosky, Peter J., Ind., E201 Gonzalez, Charles A., Tex., E198, E199 Oberstar, James L., Minn., E192 Wasserman Schultz, Debbie, Fla., E191 Hart, Melissa A., Pa., E189, E190, E191, E192, E194 Payne, Donald M., N.J., E205 Wilson, Heather, N.M., E195 Johnson, Timothy V., Ill., E192 Pryce, Deborah, Ohio, E195 Wolf, Frank R., Va., E201

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