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

Home , Beverly Byron, Diplomat (train), Don Fuqua, Jack Buechner, James Patrick Sutton, Joe DioGuardi

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, THURSDAY, MAY 19, 2005 No. 67 House of Representatives The House met at 9 a.m. ject to the call of the Chair to receive bers who spent a great deal of the time The Chaplain, the Reverend Daniel P. the former Members of Congress. around their holiday and before in the Coughlin, offered the following prayer: Accordingly (at 9 o’clock and 3 min- Ukraine trying to make a difference, Eternal Father, You have taught us utes a.m.), the House stood in recess trying to help a fledgling nation really that even good leaders must them- subject to the call of the Chair. bring about the birth of democracy. selves be led; that wise legislators f They were successful. must themselves have a wiser guide; RECEPTION OF FORMER MEMBERS Just yesterday here in the House we that wielders of power must themselves OF CONGRESS announced Members to serve on the serve under a higher power. Be to all in House Democracy Assistance Commis- this Chamber that leader, wise guide, The Speaker of the House presided. sion. These are Members who are going The SPEAKER. First of all, I want to and higher power. to go out and work with emerging de- say good morning. On behalf of the Grant to the Speaker of the House of mocracies. They are going to provide House of Representatives, I am very Representatives and to all who serve or expert advice to parliaments and to pleased to welcome you all back. Some have served here as Members, as to all parliamentarians in selected countries, of you served before the time I was in positions of public trust, that lofty and one day they can bring those expe- here; some of you were colleagues that vision, deeper wisdom and that stew- riences and that expertise to your or- I had the great honor to serve with. ardship of power that will lead this Na- Meetings like this present a unique ganization as well. It is our vision that tion to peace and prosperity and bring opportunity. We get to tell you every- your experience, your expertise begin true righteousness and lasting justice thing that we are doing here, and you to meld and blend with what these upon this Earth. get to tell us everything we are doing Members of Congress are trying to do. Such gifts come from You alone, wrong. You become more seasoned as So you see, our goals really do mirror Heavenly Father, so we turn to You, former Members, and we certainly ap- one another. both now and forever. Amen. preciate that. Seriously though, I am I want to thank you once again for f always glad to see this group and hear your continuing work on behalf of the American people. THE JOURNAL about all the great things that each of you continues to do for our Nation. Before requesting that the gentleman The SPEAKER. The Chair has exam- My good friend from the Midwest, from Kansas, Mr. Slattery, vice presi- ined the Journal of the last day’s pro- Dan Coats, somebody who I attended dent of the Former Members Associa- ceedings and announces to the House college with deep in the Midwest, is tion take the chair, the Chair recog- his approval thereof. one of those people. He started his ca- nizes the distinguished majority lead- Pursuant to clause 1, rule I, the Jour- reer representing Indiana in the House er, the gentleman from Texas (Mr. nal stands approved. of Representatives. Dan then moved on DELAY). f to the Senate, where he served for 10 Mr. DELAY. Thank you, Mr. Speaker. I appreciate the words that you just PLEDGE OF ALLEGIANCE years until 1999, and then served as ambassador to Germany from 2001 until spoke in honoring our former Members The SPEAKER. Will the gentleman February of this year. Dan is certainly that are here today, and some that are from Texas (Mr. DELAY) come forward a worthy choice to receive the Distin- here in spirit. and lead the House in the Pledge of Al- guished Service Award, and I would Friends and honored guests, I want to legiance. like to extend to him my sincere con- welcome you back home. It is an honor Mr. DeLAY led the Pledge of Alle- gratulations. to have back again the Association of giance as follows: This organization serves a valuable Former Members of Congress, a very I pledge allegiance to the Flag of the purpose. From your work on college esteemed organization. I have to tell United States of America, and to the Repub- campuses teaching young people about you, Ms. PELOSI has been encouraging lic for which it stands, one nation under God, the value of public service, to your me to join your organization for some indivisible, with liberty and justice for all. work abroad in places like Germany time now. f and Japan, you spread the good news Former Members Day is always a treat for me, because when you put 2 RECESS about the importance of our democratic government and our institu- decades of your life into an institution, The SPEAKER. Pursuant to the tions. it is always reinvigorating to see so order of the House of Thursday, May 12, I had the opportunity last week to many friendly faces from days and bat- 2005, the House will stand in recess sub- meet with a delegation of former Mem- tles gone by. As I look at both sides of

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 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3560 CONGRESSIONAL RECORD — HOUSE May 19, 2005 the aisle, Beryl Anthony is here, who Beverly Byron (Maryland) ates an attitude amongst your families showed me kindness. As a freshman I Rod Chandler (Washington) and your friends that some days the walked in, and he as a Democrat actu- Dan Coats (Indiana) burden of the Nation is greater than ally wanted to meet me and wanted to John Conlan (Arizona) what besets most human beings in work with me. Larry DeNardis (Connecticut) their lives. We want to thank you all Jim Slattery and Dan Coats had a Joe Dioguardi (New York) again for the service that you have ren- great deal to do in changing my heart; Tom Ewing (Illinois) dered and that you continue to render Leader Michel, who tried to teach me Lou Frey (Florida) as you serve as members of the Asso- patience; Bill Alexander really taught Martin Frost (Texas) ciation of Former Members of Con- me a lot about the legislative process; Don Fuqua (Florida) gress. and Ron Mazzoli sent a grandchild to Bob Hanrahan (Illinois) This is our 35th annual report to Con- my district, which I greatly appreciate. Margaret Heckler (Massachusetts) gress. Our association is nonpartisan. He is not voting yet, but we are work- George Hochbrueckner (New York) It has been chartered by Congress, but ing on him. Marjorie Holt (Maryland) receives absolutely no funding from the We did not always agree on every- Bill Hughes (New Jersey) Congress. We have a wide variety of do- thing back then, and I suppose we still David King (Utah) mestic and international programs do not; but the fact is we are all part of Herb Klein (New Jersey) which several members and I will dis- the same heritage of service to this Ernest Konnyu (California) cuss briefly. body and to this Nation. No matter Ken Kramer (Colorado) Our membership numbers approxi- how long you have served or when, if Peter Kyros (Maine) mately 570. Our purpose is to continue you have sat in this Chamber, you John LaFalce (New York) in some small measure the service to helped write at least a bit of America’s Jim Lloyd (California) country which began during our terms history. Much more importantly, by Ken Lucas (Kentucky) in the Senate and the House of Rep- staying active in the Association of Andrew Maguire (New Jersey) resentatives. Former Members, you are still serving Romano Mazzoli (Kentucky) Our finances are sound. We support your country and still helping to make Matt McHugh (New York) all of our activities via three income history. Bob Michel (Illinois) sources: membership dues, program In your post-congressional careers, Clarence Miller (Ohio) grants, and our annual fund-raising many of you have gone on to bigger Stan Parris (Viginia) dinner. In addition, we have had the and better things. There is life after Howard Pollock (Alaska) good fortune of a bequest by the widow Congress, and we understand that. Will Ratchford (Connecticut) of a former Member of Congress, Frieda Many of you have stayed in Wash- Jay Rhodes (Arizona) G. James, who was married to Ben- ington and served here, and others George Sangmeiser (Illnois) jamin Franklin James, a five-term Re- have returned home to do the same. Ron Sarasin (Connecticut) publican from Pennsylvania, who has But regardless of where you are and Jim Flattery (Kansas) generously endowed much of what we Steve Symms (Idaho) how you are spending your time, every- do. Lindsay Thomas (Georgia) one left behind here in Congress still During the presidency of my es- Wes Watkins (Oklahoma) feels your presence and still builds on teemed colleague, Larry LaRocco of The SPEAKER pro tempore. The the legacies that you have left here. Idaho, the association established an Chair is pleased to announce that 37 So, I, for one Member, thank you all endowment fund. The goal of this fund former Members of Congress have re- for staying involved, for the work you is to ensure the financial viability of sponded to their names. do around the world, and for your con- the Former Members Association for At this time the Chair would like to tinued service to this House and to this many years to come. We envision a recognize the distinguished gentleman Nation. time when investment earnings of this Thank you all, and God bless you. from Missouri, Jack Buechner, who is endowment fund can be used to supple- The SPEAKER. I now recognize the president of our association. ment the association’s budget during gentleman from Kansas. GENERAL LEAVE lean years, a safety net to guarantee Mr. SLATTERY (presiding). Mr. Mr. BUECHNER. Mr. Speaker, I ask that tough economic times will not Speaker, thank you very much, and, unanimous consent that all Members shut down the work of the association. Mr. Leader, thank you also for your may have 5 legislative days within Several of our Members have already kind words. It is great to see both of which to revise and extend their re- made contributions to this fund, and you. We deeply appreciate the leader- marks and include extraneous material association staff is in the process of ship and the support that you have on the subject of this meeting. creating some new marketing mate- given our association as we move for- The SPEAKER pro tempore. Is there rials to solicit further donations. ward with the work that we are at- objection to the request of the gen- Again, many thanks to my predecessor tempting to do around the world and tleman? Larry LaRocco for his leadership in here in the United States with the Con- There was no objection. this area. gress to Campus Program. So thank Mr. BUECHNER. I thank the Chair, Mr. Speaker, our association has had you very much for also helping coordi- and I want to join with the majority an incredibly active and successful nate this event here today. It is good leader and the Speaker in welcoming year. We have expanded many of the to see you. all of my colleagues of the Former programs that are traditionally associ- At this time, I would like to recog- Members Association and for our vis- ated with our organization, and we nize the Clerk of the House for the pur- iting guests who are here from North have created several new ventures. I pose of calling the role. America and also from Europe, former am therefore very pleased to now re- The Clerk called the roll of the parliamentarians and administrative port on this program work of the U.S. former Members of the Congress, and staff all. Thank you. I want to thank Association of Former Members of the following former Members an- all of you for being here with me this Congress. swered to their names: morning. We are especially grateful to The Congress to Campus Program is FORMER MEMBERS OF CONGRESS PARTICIPATING Speaker HASTERT for taking time from our most significant domestic under- IN 35TH ANNUAL SPRING MEETING THURSDAY, his busy schedule to greet us and for taking. This is a bipartisan effort to MAY 19, 2005 his warm welcome. It is always an share with college students throughout Bill Alexander (Arkansas) honor and privilege to return to this first this country and now the world Beryl Anthony (Arkansas) magnificent institution which we re- our unique insight on the work of the Jim Bates (Ohio) vere and in which we shared so many Congress and the political process more J. Glenn Beall (Maryland) memorable experiences. generally. Jim Broyhill (North Carolina) Service in Congress and public serv- Our colleague from Colorado, David John Buchanan (Alabama) ice in general is both a joy and a heavy Skaggs, has been managing this pro- Jack Buechner (Missouri) responsibility. Service in Congress cre- gram for the association for the last 3

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David is not racy and their special call to public service. visit led to a second visit in the fall of 2004 able to be with us this morning. I sub- A draft schedule of events is prepared in and a planned third visit in November 2005. mit for the RECORD his report on the advance of each campus visit and reviewed This academic year Congress to Campus accomplishments of the program over by staff to assure variety as well as sub- broadened its international reach by spon- the 2004–2005 academic year. stance. There is a conference call before each soring visits to Canada (University of To- ronto), Germany (University of Bonn, Uni- CONGRESS TO CAMPUS PROGRAM—REPORT TO trip with Members and the responsible cam- versity of Cologne and European University THE ANNUAL MEETING OF THE U.S. ASSOCIA- pus contact person to review the revised Viadrina), and China (Fudan University and TION OF FORMER MEMBERS OF CONGRESS, schedule and iron out any remaining prob- Sun Yat-Sen University). The visit to Ger- MAY 19, 2005 lems. Members also receive CRS briefing materials on current issues and background in- many was made possible through the support INTRODUCTION formation on government service opportuni- of the German Marshall Fund. The Ford The Congress to Campus Program address- ties prior to each visit. Foundation is providing support for the visit es a significant shortfall in civic learning to China. and engagement among the country’s young RECRUITING MEMBER VOLUNTEERS FOR CAMPUS PROGRAM OUTREACH AND PUBLICITY people of college age. It combines traditional VISITS educational content about American govern- The success of the Program obviously de- The increased number of institutions ment and politics (especially Congress) with pends on Members’ participation. With trav- hosting and applying to host a Congress to a strong message about public service, all de- el back and forth, Members end up devoting Campus visit is the result of a multi-faceted livered by men and women who have walked about three days to each campus visit. This outreach effort. Association leadership and the walk. The Program sends bipartisan is a priceless contribution of an extremely numerous former Members, as well as staff pairs of former Members of Congress—one valuable resource. at CDC and Stennis, have made many per- Democrat and one Republican—to visit col- Members of the Association were surveyed sonal contacts on behalf of the Program. In lege, university and community college cam- again last summer to solicit information re- addition, CDC Executive Director and former puses around the country. During each visit, garding their availability for and interest in Member David Skaggs has made several pub- the Members conduct classes, hold commu- a Program campus visit. Using responses to lic presentations in behalf of Congress to nity forums, meet informally with students these surveys and direct contact with a num- Campus and informational material has been and faculty, visit high schools and civic or- ber of former Members, CDC developed a pool e-mailed directly to all members of the ganizations, and do interviews and talk show of just over one hundred available former APSA Legislative Studies Section, as well as appearances with local press and media. Members, and some fifty-four participated in to many other college and university organi- In the summer of 2002, the Board of Direc- visits this year. A ‘‘bench’’ of one hundred zational contacts. tors of the U. S. Association of Former Mem- was deep enough to fill the openings during Campus press and media at host institu- bers of Congress (Association) engaged the the current academic year, but more will be tions are offered access to visiting Members. Center for Democracy & Citizenship (CDC) at needed to meet the demands of future aca- Each host institution is also encouraged to the Council for Excellence in Government to demic years. Association Members are en- make commercial print and broadcast media help manage the Congress to Campus Pro- couraged to complete and return the survey interviews a part of each Congress to Cam- gram (Program) in partnership with the they will receive this summer and then to be pus visit’s schedule. Stennis Center for Public Service (Stennis). ready to accept assignments to one of the MEASURING THE PROGRAM’S IMPACT CDC and Stennis, with the blessing of the fine institutions of higher education the pro- Over the years, anecdotal information has Association, have worked together since to gram will serve next year. tended to validate the basic premise of the increase the number of campuses hosting FUNDING SOURCES Congress the Campus Program—that these Program visits each year, to expand the pool visits by former Members of Congress posi- of former Members of Congress available for In addition to the generous contribution of money and staff time made each year by the tively affect students’ views of public service campus visits, to develop new sources of and government officials. In an effort to con- funding, to raise the profile of the Program Stennis Center for Public Service, the Asso- ciation, with the assistance of the American firm this anecdotal information, during the and its message in the public and academic 2002–2003 and 2003–2004 academic years, the community, and to devise methods of meas- Association of Retired Persons, has substantially increased its support of the Program. Program asked host schools to have students uring the impact of the program at host incomplete one-page surveys. The surveys elic- stitutions. Other organizations have also provided funding to help with the expansion of the Con- ited students’ views on public service careers INCREASED QUANTITY AND QUALITY OF and feelings about different categories of PROGRAM VISITS gress to Campus Program for this academic year including the Boeing Company, the Ger- public officials; they were completed by a This is the third year of the program’s ex- man Marshall Fund (visit specific) and the group of students who attended sessions with pansion. In the 2004–2005 academic year, the Ford Foundation (visit specific). While Sten- the former Members and by a control group Program sponsored thirty-two visits involv- nis’ commitment to the Program is ongoing, of similar students who did not have contact ing forty-three colleges and universities funding from the other organizations is with the former Members. around the country and the world—about a While all schools hosting a visit did not re- being provided on a year by year basis. The 25% increase in visits over the 2003–2004 aca- turn the surveys, the data that was gen- effort to find new sources of funding for Con- demic year. [See Attachment 1—Roster of erated for the 2002–2003 and 2003–2004 aca- gress to Campus is a continuing challenge. ’04–’05 Academic Year Visits & Participants.] Host schools are expected to cover the cost demic years shows that the underlying goals These visits took former Members to univer- of Members’ on-site accommodations and of the Congress to Campus program are sities, service academies, colleges and com- local travel and to make a contribution to sound. Those students who have contact with munity colleges in twenty-two different cover a portion of the cost of administering former Members during their Congress to States and five countries. While the total the Program. A suggested amount of con- Campus visits have a measurably more fa- fell short of the goal of forty for the year, it tribution is determined according to a slid- vorable view of public servants and of public should be noted that seven additional sched- ing-scale based on an institution’s expendi- service as a career option than similar stu- uled visits were cancelled or rescheduled due tures per pupil [see Attachment 2—Applica- dents who do not have the opportunity to to factors beyond the control of the program tion Form]; a waiver is available to schools interact with the visiting former Members. staff. In previous years, we have reported pre- that are not able to pay the scale amount. In addition to an increasing the number of liminary findings of these student surveys. Several schools received a full or partial visits, we continue to fine-tune the content The data collected over the full two-year waiver in 2004–2005. Still, school contribu- and substance of Program visits based on study has now been analyzed by the Center tions produced several thousand dollars in feedback from Members and host professors. for Information and Research on Civic support of the program. The Program asks visiting Members and host Learning and Engagement (CIRCLE) at the Additional funding sources will be nec- professors to complete an evaluation of each University of Maryland. Their final report essary if the expansion of the Program— visit. This year those evaluations have [see Attachment 3] confirms our preliminary clearly justified by the interest expressed by prompted us to encourage host schools to in- finding and found that the Congress to Cam- schools seeking to host a first or a repeat clude nearby colleges and universities in pus Program had a statistically significant visit and by the assessment of its positive ef- Congress to Campus visits and to broaden positive impact on student’s attitudes to- fects (see below)—is to be maintained. the scope of classes and activities scheduled wards public service and public servants. for the former Members. We will continue to INTERNATIONAL INITIATIVE As noted above, the Program requests the make changes in response to the suggestions Congress to Campus made its first inter- principal contact at each host school to sub- of participating former Members and host national visit in October 2003 to the United mit an evaluation. We receive valuable feed- faculty. Kingdom. An earlier Association study tour back on various aspects of each visit and try

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to incorporate lessons learned and helpful CONCLUSION gram, but more needs to be done. Finally, suggestions in the on-going effort to improve The Program has made significant progress objective data, as represented in our two- the Program. The best indication of satisfac- toward achieving its new goals. The number year study, supports the basic premise of the tion with the Program is the fact that every of campus visits has increased significantly Congress to Campus Program: That campus school visited this year has said it would like each of the past three academic years to a visits by Members are effective in raising in- to host a Congress to Campus Program visit level this academic year that represents a terest in public service careers and in im- 350% increase over 2001–2002 levels. However, again. proving attitudes about public officials Program funding remains a matter requiring attention. There is continuing success in ef- among the students who participate in Pro- forts to raise the public profile of the Pro- gram events.

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VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE Insert offset folio 16C/17 here EH19MY05.017 H3580 CONGRESSIONAL RECORD — HOUSE May 19, 2005 I would now like to yield to Bev Waterville, Maine, with our colleague will sponsor additional teams, and I Byron of Maryland and Ron Sarasin of Judge David Minge from Minnesota. would certainly encourage my col- Connecticut for their reports on the These visits always provide an oppor- leagues to take advantage of that if Congress to Campus Program. tunity for students and faculty to see they do. The SPEAKER pro tempore. The gen- that Republican and Democrat former Thank you very much. tlewoman from Maryland is recognized. Members of Congress are in fact real Mr. SARASIN. I thank the gen- Ms. BYRON. Mr. Speaker, I have not people, that we can enjoy each other’s tleman for his comments. forgotten what side I belong on. company, that we probably agree on Mr. BUECHNER. I thank the gentle- Let me, first of all, say I am de- more issues than we disagree, and if we woman and the gentleman for describ- lighted to share with some of our mem- disagree, we will do it without being ing those wonderful efforts on the Con- bers who have not participated in the disagreeable. I think that in itself is a gress to Campus Program. Congress to College Program some of lesson to students and faculty, and I To sort of amplify what the gen- the things they have done. I made a think they come away with a great tleman from New York just brought commitment to myself several years deal from it. forward, we also have for 2 years now ago that I would give back at least one As Ms. Byron pointed out, part of our sent a team to England to speak to dif- visit a year to a college campus, and I mission is to encourage people to get ferent universities and to the Eccles started saying I am giving it back. Ac- involved in public service, to encourage American Study Center at the British tually, I have gained so much from them to look at the political aspect Library. I was there the week before each and every one of those visits. and the supportive aspects of the Con- the U.S. election, and I got a lot of The program has grown 350 percent gress and government in general. questions. I was sort of a stand-in for since 2002. There is no question that it The experience for us is a rewarding George Bush, and it was one of the is making an impact on college cam- one. It is good for our own egos to have most interesting things that I have puses. We are now finding campuses someone ask us our opinion and seem ever done. that are saying can we get former to value it when we give it to them. As One outgrowth of the Congress to Members to come. It is a commitment we know, one of the things you learn College Program was an interest in of basically 2 days. very quickly after you leave the Con- producing a book that would take an Last fall, Barry Goldwater, on my gress is that your views just do not inside look at Congress from different note here it says from California, al- seem to carry as much weight as they views. Under the leadership of our col- though Barry is living in Arizona right used to, and the thing you really learn league Lou Frey of Florida, the asso- now, and I went to central Michigan. is that your jokes just do not generate ciation published a compilation of es- Well, I have a husband from Michigan, as much laughter as they did when you says written by former Members of and I was not familiar with where cen- were a sitting Member of Congress. Congress describing their experiences tral Michigan is. It is a wonderful, Our very gracious host at Colby was before, during, and after serving on wonderful school, a very large school, a a professor named Sandy Maisel, who Capitol Hill. very exciting school. We spent 2 days himself had run for Congress some The result was ‘‘Inside the House: interacting with the students, the fac- years ago, unsuccessfully; and then he Former Members Reveal How Congress ulty, the local community, a senior cit- wrote a book about his experience, and Really Works.’’ Probably not as catchy izen center, and the media. the title of the book is ‘‘From Obscu- a title as the one the gentleman from One of the things that I like to stress rity to Oblivion.’’ Is that not a wonder- Maine had, but it has been a great suc- with the college students, not only is ful title for a book, for a politician es- cess. It is being used by several polit- Congress the ultimate for many people pecially? ical science departments in univer- in the political arena, but government All in all, it was a very great experi- sities and colleges across the country. service is a wonderful thing for them to ence for everyone involved. I would en- Lou is now soliciting submissions for be involved in. And as I looked around courage every Member here and every another book, and I am sure he will the room, they kind of were glazing former Member out across the country talk about that when he has the floor over a little. I said, you know, govern- to get involved in this program, be- to report on our annual fund-raising ment service is not just Congress; it is cause it is fun, it is a couple of days on dinner. not putting your name on a ballot. It is a college campus, and it is a great ex- Another domestic program the asso- participating in your PTA, on your perience personally. I know that all of ciation undertakes is a cooperative school board, in the zoning commission you who have participated have en- project with the Library of Congress. hearings. It is your local legislative joyed it and come away with a feeling Through a generous grant from the bodies. So it is serving in a government that you got more out of it than you American Association of Retired Per- capacity to your community across the gave. sons, the association is working to in- board. Mr. MCHUGH. Mr. Speaker, will the volve former Members of Congress in So as we finished our 2 days of activi- gentleman yield? the Library’s Veterans History Project. ties, I think both Barry and I left with Mr. SARASIN. I yield to the gen- This program honors our Nation’s a great sense of some contribution, and tleman from New York. war veterans and those who served in hopefully out of the group that we Mr. MCHUGH. Thank you for that ex- support of them. It creates a lasting spoke to we will find one or two of planation. It really is a marvelous pro- legacy of recorded interviews and other those members that will be in this gram that many of us have experi- documents chronicling veterans’ and body one day. enced. I wanted to mention briefly that other citizens’ wartime experiences and My colleague Ron Sarasin is going to the German Marshall Fund this year how those experiences affected their talk a little bit about his experiences. for the first time sponsored a bipar- lives and America itself. We have been But for those of you that have not had tisan team to go to Germany and spend able to connect numerous former Mem- an opportunity, it is a wonderful oppor- a week visiting campuses in Germany. bers who served in World War II with tunity. John Anderson and I went just a few this wonderful program, and soon our I yield to the gentleman. weeks ago and had a great experience attention will focus on the veterans of Mr. SARASIN. I thank the gentle- meeting with the students and faculty, the Korean War. woman from Maryland for yielding, and indeed others as well. Mr. Speaker, beyond the programs we and I would like to explore with you I think it is a particularly important administer dealing with domestic some of my own experiences with the time to promote these kinds of ex- issues, the association is very active in program. I have been fairly active with changes, because, as you know, there overseeing international programs. it. It is not only an opportunity to con- are some differences these days be- These involve both former Members of tinue to give back in a way, but it is a tween our friends in Europe and the Congress and current Members of Con- very rewarding personal opportunity. United States; and I think the ex- gress. The association has played an You get more out of it than you give. change of views was very useful, both important role in fostering dialogue In April, I had the opportunity to for us and hopefully for the students as between the leaders of other nations spend 2 days at Colby College in well. I hope that the Marshall Fund and the United States.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3581 We have arranged almost 500 special ranking German elected officials, such much-needed funds to support the ad- events at the U.S. Capitol for inter- as Minister Joschka Fischer, Ger- ministrative side of the study group national delegations from over 80 coun- many’s Federal Minister of Foreign Af- has been essential. He has put together tries and the European Parliament. We fairs and Vice Chancellor of the Fed- a group of companies that deserve our have hosted meetings for individual eral Republic of Germany, or President gratitude for giving their aid and sup- members of parliaments and par- of the German Bundestag, Wolfgang port to cover the overhead of the pro- liament staff, and organized more than Thierse. gram. They are Allianz, BASF, 50 foreign policy seminars in over a The highlights of each programming DaimlerChrysler, Deutsche Telekom, dozen countries involving more than year is the Congressional Study Group DHL, EDS, Lockheed Martin, RGIT, 1,500 former and current parliamentar- on Germany’s annual seminar. Every RWE, SAP, Siemens, and Volkswagen. ians, and conducted over 20 study visits year the study group brings Members The Congressional Study Group on abroad for former Members of Con- of Congress together with German leg- Germany is an example of how the gress. islators for several days of focused dis- Former Members Association provides The association serves as the secre- cussion on a predetermined agenda. an educational service to current Mem- tariat for the Congressional Study The parliamentarians usually are bers and aids in the foreign relations Group on Germany. This is the largest joined by several former Members, offi- efforts of this country. I think we can and most active exchange program be- cials of the two federal governments, be very proud of the work we do to tween the U.S. Congress and the par- think-tank and foundation representa- make this group possible, and I look liament of another country. It is the tives and members of the German- forward to being an active participant flagship international program of the American business community. in the activities of the Congressional association, and it is a bipartisan orga- This year’s seminar was held in Ber- Study Group on Germany for many nization with approximately one-third lin, Brussels, and Frankfort from years to come. of the sitting Members of Congress par- March 18 to March 24. A delegation of Modeled after the Congressional ticipating. six sitting Members of Congress had Study Group on Germany, the associa- The Congressional Study Group on the opportunity to meet during this tion established a Congressional Study Germany serves as a model for the week with about a dozen members of Group on Turkey at the beginning of other study groups under the umbrella the Bundestag. In addition, we had a this year. Turkey, one of our strategic of the Former Members Association. meeting with Chancellor Gerhard allies, is situated at the crossroads of Again, none of these programs operate Schroeder and his foreign policy advi- many important challenges of the 21st with Federal money or support. sor, as well as Germany’s President, century. Peace in the greater Middle For over 20 years, the Congressional Horst Koehler. East, expansion of the European Union, Study Group on Germany has been a In Brussels, in addition to several and the transformation of NATO are forum for lawmakers from Germany other meetings, we had the chance to all definitely issues that this study and the United States to communicate discuss trade relations with EU Com- group will entertain. on issues of mutual concern. The study missioner for External Trade, Mr. Mr. BUECHNER (presiding). I now group was founded in 1983 as an infor- Peter Mandelson. yield to our Speaker pro tem, Mr. Slat- mal group and was established as a for- The last leg of the annual seminar tery of Kansas, to comment on this ex- mal organization in 1987. took place in Frankfort, headquarters citing new endeavor of the Association. The primary goal of the study group of the European Central Bank. The Mr. SLATTERY. I guess it is permis- is to establish a forum for communica- President of the bank, Mr. Jean-Claude sible for me to speak from this side, tion between Members of Congress and Trichet, met with the group to talk right? their counterparts in the German Bun- about the European Union’s monetary Mr. Speaker, it is a pleasure for me destag. Ongoing study group activities policies. to report on this new project that the include conducting a Distinguished We ended our visited to Germany by association is undertaking. At the be- Visitors Program at the U.S. Capitol visiting the Landstuhl Military Hos- ginning of this year, the association es- for guests from Germany, sponsoring pital, where the Members of Congress tablished the Congressional Study annual seminars involving Members of spent time visiting with wounded U.S. Group on Turkey. The study group is Congress and the Bundestag, and orga- servicemen and -women returning from modeled after our flagship inter- nizing a Senior Congressional Staff Iraq. national program, the Congressional Study Tour to Germany each year. During our meetings, we focused the Study Group on Germany. The Congressional Study Group on discussion on solidifying the U.S.-Ger- The study group on Turkey brings Germany is funded primarily by the man relationship in the spirit of Presi- former and current Members of Con- German Marshall Fund. That is the dent Bush’s visit to Europe this past gress together with their legislative premier non-governmental organiza- February. We also exchanged views on peers, government officials and busi- tion with a transatlantic mission. Ad- the role of NATO, cooperation in the ness representatives in Turkey and ditional funding to assist with adminis- war on terrorism, and transatlantic serves as a platform for all participants trative expenses has been received trade and investment questions. to learn about U.S.-Turkey relation- from 12 corporations whose representa- A reoccurring topic was the EU’s pro- ships firsthand. tives now serve on a Business Advisory posal to lift its arms embargo with Thanks to funding from the Eco- Council to the study group. The busi- China. Our delegation unanimously nomic Policy Research Institute, a new ness group is chaired by former Mem- manifested its disagreement with this think-tank established by the Turkish ber of Congress Tom Coleman, who as a measure, and certainly sent a message business association TOBB, the study Member from Missouri served as the to the German legislators to rethink group has started a Distinguished Visi- chairman of the study group in 1989. this proposal. tors Program in Washington. This pro- The study group has established A report about the activities of the gram involves events for Members of itself as the most productive means of Congressional Study Group on Ger- Congress such as roundtable discus- communication between the U.S. Con- many would be incomplete without sions or breakfast-luncheon panels fea- gress and the German Bundestag. The thanking its financial supporters. First turing visiting dignitaries from Tur- Federal Republic of Germany is one of and foremost, one needs to thank Craig key. The events take place every 6 to 8 the most important allies that we have Kennedy and the German Marshall weeks on Capitol Hill and focus on crit- in the United States, and the study Fund of the United States, since with- ical issues relating to the bilateral re- group has been instrumental in helping out him and his foundation the study lationship between Turkey and the to cement transatlantic ties over the group could not function at its present United States. years. level of activity. Additional support from the German The most visible activity of the We also cannot forget Tom Coleman, Marshall Fund of the United States has group is the Distinguished Visitors a member of our organization who allowed the study group to initiate the Program, which enables Members of chairs the Business Advisory Council. first U.S.-Turkey seminar, which we Congress to meet personally with high- His tremendous dedication in raising hope will become a yearly event.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3582 CONGRESSIONAL RECORD — HOUSE May 19, 2005 The seminar is a week-long con- logue with Mexican elected officials Mr. RHODES. Thank you for giving ference for U.S. Members of Congress and government representatives. me the opportunity to report to you on to discuss areas of mutual concern The goal of the group is for the two one of the, I think, most important un- with their legislative counterparts in countries’ political decisionmakers to dertakings this association has ever Turkey. The 2005 U.S.-Turkey seminar receive a comprehensive picture of the participated in. We were involved in a will take place in Ankara, Istanbul and issues revolving around U.S.-Mexico re- non-violent and peaceful revolution Cyprus at the end of this month. This lations. The study group also replicates that changed a nation, hopefully for year, participants will examine topics this forum for senior congressional the better, hopefully permanently. such as democratization in the Middle staff. Topics such as border security, Through a partnership with the U.S.- East, the war on terror, and Turkey’s trade and narcotics trafficking are just Ukraine Foundation and a grant from membership negotiations with the Eu- a sample of the subjects pertinent to the United States Agency for Inter- ropean Union. the bilateral relationship with Mexico. national Development, your associa- The U.S. Association of Former In addition to these exciting pro- tion sent six separate bipartisan teams Members of Congress is very pleased to grams involving sitting Members of of six to 10 persons each to Ukraine, add this study group to its portfolio of Congress, the association is extremely pardon me. Four of the teams mon- international programs. It is certain to pleased to have created this year a new itored pre-election activities and two attract great interest in Washington international program exclusively for observed the actual elections, the first and in Ankara. the former Members of Congress, the fraud-ridden November runoff, and the Let me just add to this that I want to Former Members Committee on final historic runoff on December 26. In encourage all of you that are here France. fact, we sent a team of approximately today and those that may be watching The goal of this project is to involve 30 former Members to that December 26 this on C–SPAN to be aware that this former Members of Congress in the election, each of them obviously giving association is really undertaking transatlantic dialogue, a little bit up their Christmas holidays. greater responsibilities in this inter- frayed around the edges in the last few Our members were each and all cer- national work. I am very excited about years, between Washington and Paris. tified as international election observ- the opportunity that members of this We believe that our membership can ers by the Ukraine Government. We all association have to contribute to de- contribute greatly to bringing about a scrupulously avoided any intimation mocracy-building efforts around the better understanding of the issues gov- that we were anything but neutral, world. I think it is going to present a erning U.S.-French relations to both supporting no candidate, no party, no the U.S. Congress and the French Na- very, very rewarding opportunity for election bloc. Each team was in the tional Assembly. We have had several former Members to continue their serv- country for a week, and each team panel discussions and meetings involv- ice to this country in a very worth- went far into the field, away from the ing visiting French dignitaries, such as while international endeavor. major urban areas. Each had extensive current French senators serving on I want to bring that to your atten- meetings with representatives of polit- their International Relations Com- tion, and I hope that all of you will ical parties, government officials, elec- mittee. take a greater interest in the work of In addition, our Members have had tion officials, candidates, the press, the association as we expand this inter- the opportunity to hold small group and the public. We also met, of course, with U.S. offi- national work. discussions on issues such as lifting the Mr. SLATTERY (presiding). Mr. cials from our embassy and from weapons ban on China; and we have had Buechner. USAID. Our teams were joined by those discussions not just with staff Mr. BUECHNER. Thank you, Mr. former Members of the European Union and embassy personnel, but also with Speaker. Staff has notes here: ‘‘Do not Parliament. We all experienced incon- current members of the French Par- trip during exchange of places.’’ liament. sistencies between what we were told Thank you for your report, Jim. We We are working closely with France’s by government and election officials are all very excited about this new un- ambassador to the United States, Jean- and what we heard from candidates and dertaking. David Levitte, and are currently look- from citizens. Mr. Speaker, the association also ing forward to many more opportuni- After our time in the field, the teams serves as the Secretariat for the Con- ties to contribute to this important re- returned to Kiev for debriefing and gressional Study Group on Japan and lationship. then departed for the States. Each the Congressional Study Group on Mr. Speaker, as you can see, there team independently prepared a report Mexico. have been many thrilling new develop- on its experiences, and those reports Founded in 1993 in cooperation with ments in 2004 and 2005 for our associa- were widely distributed among polit- the East-West Center in Hawaii, the tion, such as the Congressional Study ical, diplomatic, and media interests Congressional Study Group on Japan is Group on Turkey or the Former Mem- here, in Europe and in Ukraine. a bipartisan group of 71 sitting Mem- bers Committee on France. But few un- Each team independently and draw- bers of the House and Senate, with an dertakings have energized and excited ing from its own experiences concluded additional 36 Members having asked to our membership as our foray into elec- that the election as currently being be kept informed of study group activi- tion monitoring. conducted was not, not, going to be ties. The Congressional Study Group During 2004, the U.S. Association of free and fair; that the government-sup- on Japan arranges opportunities for Former Members sent almost 60 of our ported candidate was being given a Members of Congress to meet with Members on campaign monitoring and wide advantage at the expense of the their counterparts in the Japanese election observation missions abroad. other candidates; that other candidates Diet, in addition to organizing discus- The association has a long history of had little or no access to the media; sions for Members to hear from Amer- participating in legislative-strength- that government resources were being ican and Japanese experts. The Con- ening programs, for example in Hun- used to support one candidacy; that gressional Study Group on Japan is gary, Macedonia or Slovakia; but we government-organized efforts were funded via a generous grant from the have never utilized the unique experi- used to disrupt campaign efforts and Japan-U.S. Friendship Commission. ence and knowledge of our members in events for other candidates; and that Last, but not least, the association an election-monitoring project until the election was going to be stolen. administers the Congressional Study now. Virtually every ‘‘ordinary citizen’’ Group on Mexico. U.S-Mexican rela- I will first yield to one of our offi- with whom we met, individually or in tions are a priority, and not solely de- cers, Jay Rhodes of Arizona, to re- groups, fully expected that their elec- fined by the issue of immigration. The ported on our activities in Ukraine, tion was going to be stolen. Congressional Study Group on Mexico and then to association member Andy Our team that returned for the No- is a unique organization in that it Maguire to our election-monitoring vember 21 election found numerous serves as a bipartisan forum for U.S. mission to Cameroon. irregularities in the voting process and legislators from both the House and The SPEAKER pro tempore. The gen- the counting procedures. Many of us Senate to engage on issue-specific dia- tleman from Arizona, Mr. Rhodes. witnessed events of multiple voting by

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3583 persons brought in to a particular area who will report on our election-moni- itself, which, for the most part, pro- from other parts of the country by bus toring delegation to Cameroon. ceeded in an orderly and transparent and by train. These events and prob- Mr. MAGUIRE. Thank you very manner at the sites visited for those lems were also witnessed by our Euro- much, Jay. I was honored also to be a voters whose names did appear on the pean partners and other NGOs. member of one of the missions to registration lists. But the delegation That evening, the evening of the elec- Ukraine, which Jay has just described also concluded that structural, admin- tion, or, more accurately, the morning so eloquently. istrative, and equity issues must be ex- after, at about 2:00 or 2:30 in the morn- Mr. President, I would refer now to amined and addressed to assure a free, ing, after observing not just the voting another election-monitoring project open, and fair electoral process in Cam- but the vote counting process, we re- that the association participated in eroon. turned to Kiev to the hotel we were during 2004, the monitoring of the Oc- Violations witnessed by the delega- staying in, which happened to be just tober presidential election in Cam- tion included confusion at polling sta- about half a block away from Independ- eroon. tions, individuals denied the oppor- ence Square in downtown Kiev. We ar- From October 8 through 12, the asso- tunity to vote because they were un- rived to the sound of voices, lots of ciation sent a delegation of six former able to find their name on the lists of voices. Members, three Republicans and three registered voters, temporary police We walked that half block down to Democrats, to Cameroon to serve as of- checkpoints set up between provinces Independence Square and witnessed the ficial election observers for the presi- that could contribute to voter intimi- start of the Orange Revolution. There dential election on October 11. The del- dation, and media coverage heavily were easily at 2 o’clock in the morning egation received certification as offi- slanted to favor the incumbent. after the elections 100,000 people in cial election observers from the Min- Like most other credible observer Independence Square. This was the istry of Territorial Administration and groups that were in Cameroon, the del- start. No announcements had been Decentralization in Cameroon in order egation concluded that there was sig- made about any votes at that point. to enable the delegation to travel and nificant room for improvement in the Those people were there because they observe freely. administrative performance and tech- knew that their election had been sto- According to the constitution and nical competence required for full and len from them. This was the start of laws of Cameroon, the people of Cam- fair operations of the voter registra- what was called the Orange Revolu- eroon are entitled to express their tion process, the timely publishing nation, which resulted ultimately in the views on candidates and parties at the tionally and in each locality of voter November 21 election being declared in- ballot box freely and without inter- registration lists prior to election day, valid and in the December 26 runoff ference from any source. The mission the delivery of voter registration cards, election, which resulted in the ulti- focused exclusively on the fairness of the training of polling commissions, mate inauguration of Victor the election process and did not advo- representatives of the National Elec- Yushchenko as President of Ukraine. cate for any particular candidate or tion Observatory, the training of polit- There is no doubt that our effort had party. ical party representatives and other an impact and that we played a role in In Cameroon, the delegation split observers of the balloting process and a historic event. None of us will say into three groups of two and traveled also in the management and adjudica- that we did this all by ourselves. There within the two major cities: Yaounde, tion of any claims or charges of irreg- were a lot of people involved. But we the capital; and Douala, the financial ularities in connection with voter reg- were there, and I have no doubt that we center; and also in the English-speak- made a difference. istration, campaigning, balloting and ing southwest province. In the days We have unique perspectives, and we the electoral process overall. prior to the election, each group trav- can play an important role in democ- As with our missions to Ukraine, it racy building and strengthening and eled extensively in their respective became apparent quickly how impor- election monitoring; and this project areas, meeting with political party tant a role former Members can play in has set a precedent for our association members, government officials and op- this democracy-building field. I am for future missions. In fact, your asso- position representatives, attending thrilled that our association has com- ciation is in the process of creating a pro-government and opposition-party menced these types of activities, and I new Institute For Election Monitoring events, visiting regional and district hope to be able to participate in future in partnership with colleagues who are offices in charge of organizing mate- election-monitoring delegations. former members of Parliament from rials for election day, and scouting out Let me add that there are some spin- Canada and former members of the polling stations. offs that are important that go beyond Parliament of the European Union. On election day, the delegates visited the monitoring of the election on elec- You will hear more about this effort a number of polling stations through- tion day. Let me mention three. later on. out the day in their respective areas. Our colleague, Robin Beard of Ten- In addition, we have discussed with The delegates were present for the nessee, who participated, I think, in Speaker HASTERT and will discuss next opening and closing of the polls and the four of the Ukraine missions, recently week with Leader PELOSI the effort counting of ballots after the polls returned as a consultant on legislative that the Speaker announced to you closed at locations selected by the del- strengthening, setting up a truly demo- just a moment ago, where we may be egates. cratic process in the Parliament of joining in an effort for democracy We evaluated a number of factors, in- Ukraine, and met with President strengthening which had been launched cluding but not limited to the presence Yushchenko and his top aides in that by the House of Representatives yes- or absence of confusion or intimidation connection. terday. These efforts are very exciting, at the polls, the posting and avail- Another example, the Woodrow Wil- and they bode well for the future of ability of voter registration lists and son Center for International Affairs, your association. cards, and the mechanics and trans- headed by our colleague Lee Hamilton, I would like to say to you as a per- parency of the voting process. recently put together a half-day pro- sonal matter that witnessing the After observing the polls on election gram focused on what you do after the things that we saw in Ukraine and wit- day, the full delegation reconvened in election: how do you continue to be in- nessing the will of people who are de- Yaounde for a series of meetings and a volved in the process of reform after termined to express themselves and to brief press conference before returning the election has taken place when have their expression felt and to make to the United States. The delegation there are serious problems that need to an impact on their government and on issued a report following its return be addressed, as is the case in many their country was for me one of the that was widely distributed in diplo- countries today. That session was led most moving experiences I have had in matic and political communities in the by former Canadian Prime Minister my life, and I am very grateful for hav- United States and Cameroon. Joe Clark, and I think it really does set ing had that opportunity. The delegation reported that it did us forward in a very useful way now on I am now pleased to yield to our col- not witness enough irregularities to what Joe Clark referred to as the prac- league from New Jersey, Mr. Maguire, disapprove of the balloting process tice of follow-on to elections.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3584 CONGRESSIONAL RECORD — HOUSE May 19, 2005 Our colleague Robin Beard and I have of the aisle. And again, it was a good preciate the opportunity to make the also had the great pleasure of joining evening. report. together at the National Defense Uni- We did have a highlight on our trip Mr. BUECHNER. Thank you, Lou. versity on two occasions to talk with to France in that we had run into a And again, your invaluable leadership senior people from the military com- French Count whose family goes back has made the Annual Statesmanship munity, the security community, and to William the Conqueror. And he had Award Dinner the tremendous success the foreign policy community of 20 a beautiful chalet over there, and we it has been each year. Near East and South Asian nations, auctioned it off, and he got carried Mr. Speaker, allow me to just briefly again talking about the election proc- away. He was going to give a weekend, highlight the other activities of our ess, about politics in this country, but he ended up giving a week. He had Association during 2004. In December of about the way the world is changing in had probably a few glasses of milk or last year the Association hosted its a democratic direction. something along the line. And we Life After Congress Seminar. The pur- So, Mr. President, I am delighted to ended up with a very nice amount for it pose of that conference was to ease the present this report on behalf of the as- for a week. And it was one of the live transition away from Capitol Hill for sociation, and I thank you very much auction items. those sitting Members who would not for your acknowledging me. One of the other things we have tried return for the next Congress. We as- to do, we mentioned the ‘‘Congress to sembled a panel of Congressional sup- b 1000 Campus’’ program, is the fact that port staff to outline the services avail- Mr. BUECHNER. Thank you Jay and every time we are out there people able to retiring Members, as well as a Andy. have said, look, this is interesting, it panel of former Members who have pur- Mr. Speaker, there are several other really is, but this is not textbook. I sued careers in a variety of different activities of the U.S. Association of mean, what is it really like? You peo- fields. Former Members of Congress which de- ple are talking about that. Why do you In addition, Dana Martin, the Chair serve to be highlighted today. One cer- not write it down? So we decided we of the Association’s Auxiliary, spoke tainly is our Annual Statesmanship would do that. And we had 38 former about some of the opportunities avail- Award Dinner, chaired so exceptionally Members of the House and Senate write able to spouses of former Members, a by Lou Frey of Florida. I would like to chapters for the book called ‘‘Inside very informative and worthwhile ses- yield to Mr. Frey to report on the din- the House’’. It is used on a number of sion. ner we just held in March. campuses. It is used in the War College The Association also organizes Study Mr. FREY. Thank you, Mr. Presi- out in Monterey. And it is a good book. Tours for its members and their dent. Senator Coats, Ambassador Coats It is an interesting book. And we are spouses who, at their own expense, leaned over to me about all this good going to update it a little bit. And we have participated in education and cul- we are doing and how we are involved are going to write another book which tural visits to places such as Australia, with democratization, and wondered if some of you, I hope, have, I know some Canada, China, Vietnam, the former we would be available on the other side of you have responded. Some of you Soviet Union, Mexico and Western and of the Capitol. have responded, and it is called ‘‘The Eastern Europe. In 2004, the 60th anni- Sometimes a good idea is not a good Rules of the Road’’. versary of D-Day was the occasion to idea. But about 8 years ago we had no Barber Conable, you know, had one of bring a group of 20 former Members and source of fundraising outside of our the rules, just a wonderful guy who is spouses to France. They spent 3 days in dues. And I was president, and proposed not with us anymore. But his rule was, Paris, met with the Ambassador, that we have an Annual Statesmanship ‘‘Never act on an economic policy that French legislators, French Foreign Award Dinner. And everybody thought you can put on a bumper sticker.’’ You Ministry. Our colleague, Connie it was a good idea. The only bad side is know, mine were pretty simple. ‘‘Do Morella, who serves currently as the we did not have a chairman. And so 8 not fight with the press’’. ‘‘If you have U.S. Ambassador to the Organization years later, I have had the privilege of to explain, you are in trouble.’’ And for Economic Cooperation and Develop- chairing this dinner, and it has really ‘‘never retreat; attack in a different di- ment, hosted a meeting. becomes an institution in Washington rection.’’ Following that, they went to Nor- now. We have had over 400 people at What we are trying to do is to get mandy and spent several days touring each and every dinner. from each and every one of you what D-Day sites. It was a momentous occa- We not only have the dinner itself, your rules are, a little explanation of sion to participate in a wreath-laying but we have a wonderful congressional it. The University Press is willing to ceremony, and former Members were and presidential auction, which our publish it again, and it will be a lot involved in the lowering of the flag of colleague, Jimmy Hayes, works all easier if you write me back than if I the United States as Taps was played; year on doing, and it has been an event have to call you. So I would appreciate unbelievable experiences that will stay that has been really memorable in a lot you doing it. Everybody will be in the with them for a lifetime. of ways. book. I hope to get about 250 or at least Those are just some of the other ac- Just for your memory, the past re- 300 of these to the book. And I am en- tivities we have. We have an annual cipients are Dan Glickman, Lee Ham- joying getting the answers back. golf tournament at Andrews Air Force ilton, Lynn Martin, Norm Mineta, Vice Mr. MAZZOLI. Will the gentleman Base, and the Association’s Auxiliary President CHENEY, Secretary Rumsfeld. yield briefly? has other functions. And one of, I think, the highlights was Mr. FREY. Yes. The gentleman from Mr. Speaker, the Association benefits the World War II generation rep- Kentucky, my good friend. tremendously from the efforts and resented by our own Bob Michel, by Mr. MAZZOLI. I want to commend leadership of many people. I would like Bob Dole, by Sam Gibbons, by John the gentleman for his great leadership to, as the president, thank the other Glenn and by George McGovern. in the organization and chairmanship officers of the Association, you, Jim For any who missed that dinner, you of the dinner, and I would like to re- Slattery, Jay Rhodes, Dennis Hertel just missed an incredibly touching and mind the gentleman that he was al- and Larry LaRocco, the members of wonderful evening. And the stories most like a drill sergeant, ferreting out our Board of Directors and our coun- they told were great. Sam Gibbons, information from those of us who con- selors for providing excellent guidance jumping out of his airplane with a six tributed to ‘‘Inside the House’’. And I and support through the year. pack of beer. And just wonderful. And I did not want to have to suffer the same I would like to also recognize the believe our records show that we had kind of challenge this time, so I have work our staff has done. Rebecca over 161 men and women who served in here my contribution to ‘‘Rules of the Zylberman and Michael Taylor are two some capacity in World War II as Mem- Road’’. I just did not want Lou Frey on tremendous assets that we have. Sudha bers of Congress. my case for the next 6 months, so here David-Wilp is a young woman who has Our last honoree was John Breaux of it is, Lou. taken over international programming, Louisiana. And of course John is noted Mr. FREY. Thank you. I appreciate and I think you can just hear in what for working with people on both sides that. Thank you, Mr. President. I ap- we have talked about for the study

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3585 groups, she has done a magnificent job. Last year we presented the award to an ing to me speak now than I ever had But especially I need to point out that extraordinary Democrat, Sam Nunn. when I spoke in the House of Rep- Peter Weichlein, who was the head of This year we are pleased to be honoring resentatives or in the Senate. our international programs until Linda a remarkable Republican, former Rep- It also occurs to me that, as someone Reed retired, and he is now Executive resentative, Senator and Ambassador who did serve in that other body, I Director, he has done just a magnifi- Dan Coats of Indiana. could go on for an interminable cent job on the interrelationship, both Dan commenced his long service to amount of time. But I am now back in with the sitting Members of Congress, the Nation when he joined the Army in the House of Representatives, and so I with all the study group participants 1966, serving until 1968. After some am conscious of the gavel coming down and keeping our membership aware of years in private law practice and as a behind me within a 5-minute period. So what was going on in the world. district representative for then Con- I will be very, very brief. Mr. Speaker, we are also pleased gressman Dan Quayle, Dan Coats was It is a great honor to be honored by today to have with us several rep- elected to the House of Representatives your peers. I suspect that this had resentatives of former parliamentarian in 1981. He served in the House until something to do with my Ambassador- associations abroad. From the Cana- being sworn in as Senator in January ship to Germany, although I cannot dian Association of Former Parliamen- 1989, where he represented Indiana quite figure out why I was given this tarians, we are joined by, and would until 1999. award since, under my watch, we took you please stand when I say your name, While in Congress, Dan Coats was a relations all the way back to the Doug Rowland, Derrek Konrad, and member of several high profile commit- Spring of 1945. It was a challenging Walter Van der Walle. From the Asso- tees, including the Armed Services time, as Jack said. And I think that ciation of Former Members of the Eu- Committee, the Senate Select Com- one thing I learned for sure was, given ropean Parliament, we are thrilled to mittee on Intelligence and the House the very significant political tensions have with us Lord Henry Plumb, James Energy and Commerce Committee. He that existed between our President and Moorhouse, Richard Balfe and was also a member of the Senate lead- the Chancellor of Germany, between Fearghas O’Beara. And from the Asso- ership, serving as Midwest Regional our countries, the very rightful sense ciation of the Former Members of the Whip. of disappointment, to say the least, He continued his long and distin- Parliament of New Zealand, we are de- over the lack of support from a friend guished service to the country when he lighted to welcome Maurice McTigue. that we had lent incredible amount of represented the United States as its And from the Ontario Association of support, including the lives of many, Ambassador to Germany, from August Former Parliamentarians, we are many Americans to liberate that coun- 2001 until February 2005. As we all well joined by the Reverend Canon Derwyn try from the scourge of Naziism. It was know, the recent strain on U.S.-Ger- Shea and Mr. John Parker. a difficult time for Americans to un- man relations required a diplomat of Mr. Speaker, this is the largest num- derstand how that could happen. ber of foreign dignitaries we have ever the highest skill set, and we applaud had join us. I cannot call a Canadian a our former colleague for the excep- One of the things that sustained us foreign dignitary. I am sorry. But tional way in which he conducted the was, and I believe the most important friends to the north, okay? business of the United States of Amer- thing that sustained us were the rela- And we are truly honored that you ica. tionships that had been forged since all have made the journey to Wash- On behalf of the Association of those postwar times by the more than ington so that we can continue work- Former Members of Congress, I am de- 13 million American troops that had ing with each other and learning from lighted to present our Distinguished served in Germany and their relation- each other. Service Award to the Honorable Dan ships with German townspeople and Mr. Speaker, this is my sad part of Coats. I am going to read what it says people in political office and just every my presentation, is to inform the on the plaque: Presented by the U.S. day, ordinary, on the street Germans, House of those persons who served in Association of Former Members of the business ties that exist between Congress and have passed away since Congress to Ambassador Daniel Ray our two countries, and just, as perhaps our report last year. They are, Brock Coats for over 20 years of commendable more importantly than any of those Adams of Washington, Alphonzo Bell of public service to his beloved State of were the relationships that had been California, Tom Bevil of Alabama, Don Indiana and to the Nation. forged through the connections be- Brotzman of Colorado, Shirley Chis- Dan Coats served from 1981 to 1989 in tween Members and particularly holm of New York, Tom Foglietta of the U.S. House, and from 1989 to 1999 as former Members, the study group and Pennsylvania, Hiram Fong of Hawaii, a United States Senator. As a legis- others, between German parliamentar- William Ford of Michigan, Tillie lator he comfortably worked with his ians and Germans in office and in high Fowler of Florida, Ronald ‘‘Bo’’ Ginn of colleagues from both sides of the aisle, places. Those relationships maintained Georgia, Lamar Gudger of North Caro- especially if he could benefit America’s our special relationship with Germany lina, Edwin Arthur Hall of New York, families and children. He continued his that has existed since 1945, and saw us Howell Heflin of Alabama, Frank Jef- exemplary service to country by acting through all those difficult times. ferson Horton of New York, Tom Kind- as U.S. Ambassador to Germany from The study group we were privileged ness of Ohio, William Lehman of Flor- 2001 until 2005, representing the United to host over there, to have Members ida, James Armstrong MacKay of Geor- States with skill and distinction dur- come over. We were privileged to have gia, Robert Matsui of California, Cath- ing the often challenging post-Sep- others come and speak to parliamen- erine Dean May of Washington, Robert tember 11 period. His former colleagues tarians, to share breakfast, lunch and Price of Texas, Peter Rodino of New applaud and recognize his distinguished dinner, share thoughts, business groups Jersey, Pierre Salinger of California career in public service, Washington, exchanging, all of those sustained us and James Patrick Sutton of Ten- DC, May 19, 2005. through that, and I can report, on leav- nessee. And Dan, I am also pleased to present ing there in February of 2005, relations I ask all of you, including the visi- you with a scrapbook of letters from had dramatically improved with our tors in the gallery, would you please colleagues offering their congratula- new Secretary of State’s visit, which rise for a moment of silence as we pay tions for this well-deserved symbol of was an astounding success, followed by our respects to the memory of these our respect, appreciation and affection. the President’s visit 2 weeks later. And fallen elected representatives. Thank We would be pleased to receive some so we are back on the track where we you. comments from you. should be. Still some work to do, but Mr. Speaker, as you know, each year Mr. COATS. President Jack and Vice certainly on the uptick rather than the Association presents a distin- President Jim, Leader Bob, and my where we were in 2002, 2003. So, for guished service award to an out- chairman, Jim Broyhill and friends whatever I was able to contribute to standing public servant and former who I had the very distinct privilege of that, I am appreciative of the oppor- Member of Congress. The award rotates serving with in this place, it occurs to tunity of having, being able to serve between parties, as do our officers. me that there are more people listen- there.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3586 CONGRESSIONAL RECORD — HOUSE May 19, 2005 I am most appreciative of the time with the Clerk, I would invite you to empty. Senate Democrats are holding that I have had in this august Cham- do so at this time. Good luck to all of qualified judges hostage to their ex- ber. I walked in and saw Billy Pitts and you. tremist views and disrupting the con- Bob Michel, and friends who served The Chair would advise that the stitutional process. That is wrong, un- with me during that time, and it was a House will reconvene at approximately precedented, and it should stop. real throwback and took me back to 10:35. f some great memories. I felt like run- Accordingly (at 10 o’clock and 20 STOP THE WEAPONIZATION OF ning up to Billy and saying, how long minutes a.m.), the House continued in SPACE is this going to last? When are we recess. (Mr. KUCINICH asked and was given going to catch the plane back home? f So thank you very much for honoring permission to address the House for 1 me. I join a distinguished list of people b 1030 minute and to revise and extend his re- that were named in receiving this AFTER RECESS marks.) honor and I am greatly honored, and Mr. KUCINICH. Mr. Speaker, the ad- The recess having expired, the House will display this plaque in a very ministration, through senior Air Force was called to order by the Speaker pro prominent place in my office and re- officials, wants the U.S. to achieve tempore (Mr. BOOZMAN) at 10 o’clock member fondly my days here in this military supremacy in outer space. and 35 minutes a.m. House of Representatives and my asso- Dominating all earth from outer space ciation with so many of you. Thank f will have an out-of-world price tag, you. PRINTING OF PROCEEDINGS HAD perhaps more than $1 trillion. Mr. BUECHNER. Again, Dan, thank DURING RECESS A question: Why reach for the stars you for your service and your leader- with guns in our hands? Are there ship during some challenging times. Mr. KINGSTON. Mr. Speaker, I ask weapons of mass destruction on Mars? Mr. Speaker, the Members of the as- unanimous consent that the pro- Yesterday 28 Members of Congress sociation were honored and proud to ceedings had during the recess be print- signed on to H.R. 2420, a bill to stop the serve in the United States Congress. ed in the CONGRESSIONAL RECORD and weaponization of space, urging the We are continuing our service to the that all Members and former Members President to sign an international trea- Nation in other ways now, but hope- who spoke during the recess have the ty to ban such weapons. If we work to- fully, ones that are equally effective. privilege of revising and extending gether towards creating peace on Again, thank you for letting us return their remarks. earth, we would not bring war to the today to this Chamber that means so The SPEAKER pro tempore. Is there high heavens. much to us. objection to the request of the gen- While some fantasize about being This concludes our 35th annual re- tleman from Georgia? ‘‘masters of the universe,’’ there are 45 port by the U.S. Association of former There was no objection. million Americans without health in- Members of Congress. f surance. Corporations are reneging on The SPEAKER pro tempore (Mr. ANNOUNCEMENT BY THE SPEAKER pension obligations. Social Security is Slattery.) The gentleman from Mary- PRO TEMPORE under attack. We are headed towards a land would like to be recognized (Mr. $400 billion annual budget deficit, a HOYER). The SPEAKER pro tempore. The $600 billion trade deficit, an $8 trillion Mr. HOYER. I asked my dear, dear Chair will receive up to 10 one-minute national debt. The cost of the war in friend of a long time, Speaker Michel, speeches on each side. Iraq is over $200 billion. While we build glad to have you here. You former f new bases in Iraq, we close them in the Members, I want you to know that at United States. END FILIBUSTER AGAINST one point in time I went up to RAY Earth to Washington, D.C. Earth to PRISCILLA OWEN LAHOOD in 1995. I would particularly Washington, D.C. D.C., call home. like my Republican friends to hear (Mr. PITTS asked and was given per- f this. I went up to RAY LAHOOD, who mission to address the House for 1 was presiding in 1995. I went up to him minute and to revise and extend his re- ENSURING A STABLE VACCINE and I said, look, we have got 197 Demo- marks.) SUPPLY crats, and if you could just get 20 Re- Mr. PITTS. Mr. Speaker, throughout (Mr. MURPHY asked and was given publicans, we will elect Bob Michel her career, Judge Priscilla Owen has permission to address the House for 1 speaker. But LAHOOD could not deliver, received support from across the ideo- minute and to revise and extend his re- Bob. I do not know what happened. logical spectrum. In 2000 she was over- marks.) But I always like the opportunity to whelmingly reelected to a second term Mr. MURPHY. Mr. Speaker, two come and visit with those of you who on the Texas Supreme Court, receiving quick health care issues. Each year have served so well in this Congress 84 percent of the vote. Every major vaccinations save $52 billion in health and provided for us such an out- newspaper in Texas endorsed her for care costs and 33,000 lives. However, standing institution in which to serve. election. the government’s policy of selecting It is a little more acrimonious than Her popularity stems from her excel- the lowest bidder, combined with a fear when most of you served here. Perhaps lence on the bench and in private prac- of lawsuits, has driven manufacturers that will, at some point in time, get tice where she distinguished herself as out of the United States. This contrib- better. But in any event, on behalf of a litigator after earning the highest uted to last year’s flu vaccine shortage, all of us who still serve here and who score in the State on the Texas bar where 30 million doses were lost due have benefited by what you have done exam in 1977. when a foreign manufacturer’s supply through the years, thank you very On May 9, 2001, Priscilla Owen was was contaminated. The U.S. Congress much. And I hope that you have had a nominated to the Fifth Circuit Court. needs to follow through with incentives great visit back. The nomination is supported by three to secure more U.S.-based vaccine We see you often. I see Bob on a very former Democrat judges on the Texas manufacturers. regular basis, but I hope that all of you Supreme Court, a bipartisan group of Secondly, today’s news in the paper are doing well. Thank you for your as- 15 past presidents of the State Bar of about Type II diabetes was disturbing. sistance through the years. Thank you Texas. However, on five separate occa- One point two million more cases ap- very much. sions in the U.S. Senate, Democrats pear per year, costing $132 billion. Type The SPEAKER pro tempore. Thank succeeded in blocking the vote on the II diabetes is caused by poor diet and you, Mr. President. The Chair again floor, even though she has the votes to lack of exercise, and as Members of wishes to thank the former Members of be confirmed, because of partisanship Congress we need to urge all Americans Congress for their presence here today. and politics. to make sure they take better care of And for those of you who have not had Today political maneuverings stand themselves for this disease that causes an opportunity to record your presence and Judge Owen’s courtroom stands stroke, heart attack, kidney failure,

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3587 and blindness. The risks are huge. The ful for NASCAR’s support of Dell that establishment, they intended for costs are huge. The benefits are great if TechKnow, a technology program for the President of the United States to we take better care of ourselves. our schools. It is making an impact for nominate people on the bench and they f kids in education. Even more impor- intended for the Senate to give advice tant is NASCAR’s support of our in- and consent to that nomination and, SAVERS CREDIT credible military. by an up-or-down vote, vote on whether (Mr. EMANUEL asked and was given Tomorrow, May 20, I will join fans or not those people can serve for life in permission to address the House for 1 across the country celebrating the United States judiciary. minute and to revise and extend his re- NASCAR Day, which means support for marks.) numerous charities, our men and uni- b 1045 Mr. EMANUEL. Mr. Speaker, for mil- form, and jobs for Americans. NASCAR We are seeing today a constitutional lions of Americans their retirement Day is an opportunity to bring fans, challenge that is being met by the Sen- has become less, not more, secure. Part businesses, and community organiza- ate as they go forward and meet their of the problem is that we are not sav- tions across the Nation together for constitutional duty for an up-or-down ing enough. Half of all Americans do common cause while giving to vote for the judiciary and the nominees not participate in employer-sponsored NASCAR-related charities and making that have been proposed for our Fed- retirement plans, and for 28 million a difference in the lives of children. It eral judiciary. households they have no retirement supports charities such as Victory Mr. Speaker, we expect fair and im- plans outside of Social Security. Junction Camp, Speediatrics, and partial judges to be appointed to the A savings crisis in America, com- Speedway Children’s Charity, all meet- court; and just because they do not bined with privatizing Social Security, ing needs and providing support for meet our political litmus test, we is a recipe for disaster. As the collapse children with chronic and life-threat- should not allow anyone to intervene of the United Airlines pension dem- ening illnesses. with our constitutional duty which we onstrates, Social Security is a key to Mr. Speaker, I commend NASCAR, take an oath to preserve, protect, and retirement security for many Ameri- and if we ever add an extra line to the defend the Constitution of the United cans. We must preserve Social Security ‘‘Star Spangled Banner,’’ it will be States as we have served in these of- while we encourage Americans to save ‘‘Gentlemen, start your engines.’’ fices. more for their retirement. f I commend the Senate for the coura- Here are four ideas: Automatic en- THE JUDICIARY AND THE RULE geous act that they will go forward and rollment in 401(k)’s for all Americans; do in the following weeks. direct deposit of their tax refunds into OF LAW their savings plans; government match (Mr. MILLER of North Carolina f for the first $2,000 they save, matching asked and was given permission to ad- REPUBLICAN ABUSES OF POWER it by 50 percent; and universal 401(k)’s dress the House for 1 minute.) to simplify and consolidate the 16 dif- Mr. MILLER of North Carolina. Mr. (Ms. BERKLEY asked and was given ferent tax savings plans on the tax Speaker, the presidential election in permission to address the House for 1 rolls. 2000 was effectively decided by the Su- minute and to revise and extend her re- Mr. Speaker, a saving crisis faces preme Court. In his dissent, Justice marks.) America, but we can do something Stephens said: ‘‘It is the confidence in Ms. BERKLEY. Mr. Speaker, our about it. We should act now to encour- the men and women who administer Founding Fathers envisioned Congress age more Americans to save for their the judicial system that is the true would deliberate, collaborate, and then retirement while strengthening Social backbone of the rule of law . . . Al- judiciously compromise on the key Security, not privatizing it. though we may never know with com- issues of the day. Here in the House, f plete certainty the identity of the win- the Republican majority refuses to col- ner of this year’s presidential election, laborate, deliberate, or compromise. NASCAR the identity of the loser is perfectly The House leadership consistently (Mr. HAYES asked and was given clear: It is the Nation’s confidence in abuses its power by preventing the mi- permission to address the House for 1 the judge as an impartial guardian of nority from offering its ideas on the minute and to revise and extend his re- the rule of law.’’ floor. marks.) Mr. Speaker, Americans, Democrats Fortunately, in the Senate, the Re- Mr. HAYES. Mr. Speaker, the State and Republicans alike did accept the publican majority cannot force its will of North Carolina is a proud home to a Supreme Court’s decision and the legit- on the minority so easily. One of the great American racing tradition: imacy of President Bush’s election. tools of the Senate for more than 200 NASCAR. This weekend Lowes Motor But, Mr. Speaker, what confidence will years is the filibuster, a rule that pro- Speedway in Concord will host the Americans have in judges nominated tects the rights of the minority and NASCAR Nextel Cup All Star Race, without consultation, without the ad- prevents the majority from having ab- and folks from all across the country vice and consent that the Constitution solute power. It is a critical tool in the and around the world will come to provides for, and confirmed by a bare checks and balances that exist between watch the world’s best drivers race for majority despite strong objections to the branches of government. the finish. the impartiality of those judges, con- Today, Senate Republicans are pre- My hometown of Concord is proud of firmed only by shamelessly ignoring paring to do something that has never its partnership with the racing indus- the rules that have governed the Sen- been done before: abolish the rights of try and is home to many NASCAR driv- ate for more than two centuries? Mr. the minority to filibuster judicial ap- ers and teams. The Charlotte area has Speaker, why should Americans accept pointments. also joined together to attract the the decisions of those judges as legiti- This extreme power grab would seri- NASCAR Hall of Fame. We are excited mate? And, Mr. Speaker, just what will ously undermine our Nation’s checks about the possibility of this prestigious be left of the rule of law? and balances. Like their colleagues in attraction calling North Carolina f the House, Senate Republicans want home. absolute power, even though Ameri- Today I would like to take a moment COMMENDING SENATE FOR cans know that our country works best to commend NASCAR, a tremendous COURAGEOUS ACTION when no political power is in absolute industry and job provider in North (Mr. CARTER asked and was given control. Carolina, for its efforts to give back to permission to address the House for 1 As a Nevadan, I want to personally the community. With its growing popu- minute.) thank Nevada Senator HARRY REID for larity, the sport provides entertain- Mr. CARTER. Mr. Speaker, the Con- leading the fight in the Senate to pro- ment for families, support for char- stitution of the United States designed tect and preserve the constitutional ities, and a huge economic boost for by our Founding Fathers set up a sys- form of government that we enjoy in our region. I am also especially grate- tem of establishing a judiciary. And in this country.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3588 CONGRESSIONAL RECORD — HOUSE May 19, 2005 BAKASSI PENINSULA ing tactics we are seeing in the con- against Chinese imports of cotton (Mr. CONAWAY asked and was given firmation process over in the other shirts, cotton trousers, and cotton and permission to address the House for 1 body with regard to several qualified man-made fiber underwear. Since the minute and to revise and extend his re- judicial nominees. lifting of quotas by the WTO in Janu- marks.) Two in particular, Justice Janice ary, shorts, trousers, and underwear, Mr. CONAWAY. Mr. Speaker, today I Rogers Brown, the nominee that the which represent more textile jobs than would like to draw my colleagues’ at- gentlewoman was speaking about just any other sector in America, have been tention to a situation in Africa. a minute ago, and Judge Bill Pryor, are under attack due to the flood of Chi- President Abasanjo of Nigeria prom- outstanding jurists; and I am proud nese imports currently coming into our ised, as a result of a lawsuit several that they are both natives of my home country. This fast action will save years ago, to withdraw Nigerian troops State of Alabama. thousands of textile jobs in this coun- from the Bakassi Peninsula in the Re- Justice Brown is a native of Luverne try and in my district. public of Cameroon. Today he has not and the daughter of a sharecropper. However, Mr. Speaker, I was dis- done this, and it is time we see some She has enjoyed an extremely success- heartened to hear the comments on the action from Nigeria. ful career beginning on the Third Dis- safeguard sanctions made by the As the president of the African trict Court of Appeals in California and spokesman for the Chinese Ministry of Union, President Obasanjo has an obli- continuing for the past 9 years on that Commerce. He said in a statement that gation to set an example for the rest of State’s State Supreme Court. Judge China believes its exports of cotton the African nations by adhering to the Pryor, a native of Mobile, was one of knit shirts, trousers, and man-made International Court of Justice’s deci- our State’s finest attorneys general underwear have not disrupted the U.S. sion and obey the rule of law. and served with distinction during his market. I think a 1,573 percent increase I call on President Abasanjo to with- temporary appointment on the 11th and a 1,277 percent increase in the first draw all Nigerian troops from the circuit of the Court of Appeals. 3 months of this year constitute a mar- Bakassi Peninsula and return the Both of these individuals are experts ket disruption. Let me repeat, those Bakassi Peninsula to its rightful in their field, and both of them rep- numbers are for the first 3 months of owner, the fine Republic of Cameroon. resent the finest in legal minds any- the year. Think what would happen if where in this country, and they deserve we did not implement the China safe- f a vote. guards. DEMOCRATIC WOMEN UNITED f The Ministry of Commerce went on AGAINST GOP ABUSE OF POWER to say, The U.S. decision runs counter MOURNING THE LOSS OF LANCE to the World Trade Organization’s (Ms. SOLIS asked and was given per- CORPORAL JONATHAN GRANT agreements on trade of textile and ap- mission to address the House for 1 (Mr. UDALL of New Mexico asked parel products and deviates from the minute and to revise and extend her re- and was given permission to address WTO spirit of free trade. marks.) the House for 1 minute and to revise I took specific note of this statement be- Ms. SOLIS. Mr. Speaker, today I rise and extend his remarks.) cause China’s idea of fair trade is government to denounce the Republican abuse of Mr. UDALL of New Mexico. Mr. subsidies of its textile and apparel exports to power. Right now, the Senate Repub- Speaker, I rise today to honor the life the United States, currency manipulation, ex- licans are trying to jam through judi- of Lance Corporal Jonathan Walter port tax rebates, forgiveness of loans by its cial nominations that will hurt the Grant. government banks, and direct payments to its American people, as well as women. Jonathan lived his life by always put- State-owned textile and apparel industry. For- Specifically, I am extremely con- ting others first. Last Wednesday, he tunately, the rest of the world does not think cerned about the nomination of Janice made the ultimate sacrifice while serv- like the Chinese. Rogers Brown from California. Her ing in Iraq. I applaud Secretary GUTIERREZ and his views are out of the mainstream and Lance Corporal Grant was among the panel for helping to level the playing field for out of touch with American values, and six Marines killed during combat in our domestic textile and manufacturing. this is why: she was the only member Operation Matador when their troop f of the California Supreme Court to find transporter rolled over a road-side that a jury should not hear expert tes- bomb in the Al Anbar Province. REPUBLICAN ABUSES OF POWER timony in a domestic violence case Just 23 years old, Jonathan lived life (Mr. NADLER asked and was given about Battered Women Syndrome. Jan- always showing courage and maturity permission to address the House for 1 ice Rogers Brown was the only member beyond his years. He was born in the minute and to revise and extend his re- of the court to oppose an effort to stop Pojoaque Valley of New Mexico and marks.) the sale of cigarettes to children. She raised by his grandmother, Margie Mr. NADLER. Mr. Speaker, 36 years even said that a manager could use ra- Warner, whom he loved dearly. He re- ago, Republican Senator Howard Baker cial slurs against his Latino employ- ceived his General Equivalency Di- took to the Senate floor during a Re- ees. ploma in the year 2000 and joined the publican-led filibuster of Abe Fortas, Her record is clear. She does not pro- Marines in the year 2002, working the President Johnson’s nominee to be tect the rights of workers, women, or entire time to support his family and Chief Justice of the Supreme Court. minorities. She is so far out of the build his future. Senator Baker justified the Republican mainstream that she, in my opinion, is Our heartfelt prayers and sympathies filibuster by stating, ‘‘On any issue the viewed as extreme. We cannot allow are with Jonathan’s family and friends majority, at any given moment, is not the Senate Republicans to abuse their during their time of great loss. We will always right.’’ power to jam through such extreme ju- always remember his bravery and the Some people might be surprised that dicial appointments. sacrifice he made while serving our Senate Republicans led a filibuster Our current and effective system of great Nation. against a judicial nominee. After all, checks and balances protects our judi- f Senator FRIST continues to claim all cial branch. The American public must judicial appointees are entitled to an be shielded from individuals like her. CHINA SAFEGUARD up-or-down vote, no matter what. It is IMPLEMENTATION f a disingenuous statement when he him- (Ms. FOXX asked and was given per- self and other proponents of this ex- JUDICIAL NOMINEES mission to address the House for 1 treme measure have used the filibuster (Mr. BONNER asked and was given minute.) to delay and defeat judicial nomina- permission to address the House for 1 Ms. FOXX. Mr. Speaker, I rise today tions of the past. It is a hypocritical minute.) to congratulate and commend Presi- statement when the Republican major- Mr. BONNER. Mr. Speaker, I rise dent Bush and the Committee on Im- ity in the Senate derailed and defeated today to voice my strong concern over plementation of Textile Agreements 65 of President Clinton’s judicial nomi- the unconscionable and harmful stall- for recently implementing safeguards nations without ever permitting them

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3589 a vote or even a hearing, not a vote in sessions to hear the questions and con- REMOVAL OF NAME OF MEMBER committee, not a vote on the floor. cerns of my constituents on these im- AS COSPONSOR OF H.R. 415 And now that the Republicans are in portant issues. On every one of these Mr. MCGOVERN. Mr. Speaker, I ask the majority and have a President, meetings, ideas are put forth. Many unanimous consent to have my name they want to prevent Democrats from Members have translated these ideas removed as a cosponsor of H.R. 415. taking the very same actions they have into legislative proposals. Though the The SPEAKER pro tempore (Mr. used. They are now trying to change details differ, the message remains the BOOZMAN). Is there objection to the re- the rules of the Senate in the middle of same: we must do something to ensure quest of the gentleman from Massachu- the game to try to take away the Social Security will remain strong for setts? rights of the minority. our children and our grandchildren. There was no objection. Senator Baker was correct in 1968 Unfortunately, not all Members are f when he said the majority was not al- equally committed to solving the prob- ways right, and it is time Senate Re- lem. Some opponents of reform have CONDEMNING THE PRESENCE OF publicans realize that their extreme admitted that they would rather stand RACIALLY RESTRICTIVE COV- power grab is not in the best interests in the way of honest debate than be ENANTS IN HOUSING DOCU- of either this Congress or this Nation. part of the solution. Mr. Speaker, this MENTS f is a disservice to the constituents they (Mr. CLEAVER asked and was given CONGRATULATIONS TO DEBBIE represent and the millions of Ameri- permission to address the House for 1 PETERSON cans who would benefit from reform. minute.) (Mr. PRICE of Georgia asked and was I would encourage my colleagues on Mr. CLEAVER. Mr. Speaker, I rise given permission to address the House both sides of the aisle to be part of the today to urge my colleagues to cospon- for 1 minute and to revise and extend solution, not part of the problem. sor H.R. 259. I recently introduced this his remarks.) resolution to condemn the presence of Mr. PRICE of Georgia. Mr. Speaker, f racially restrictive covenants in hous- today I would like to congratulate ing documents. Debbie Peterson from my district, a so- SUPPORT THE SAVE OUR WATERS Mr. Speaker, during the early 20th cial worker at Pope High School. Last FROM SEWAGE ACT century, racially restrictive covenants week, Habitat For Humanity named were used in housing documents such her the Southwest Regional Volunteer (Mrs. KELLY asked and was given as plats, deeds, and homeowner asso- of the Year for Georgia, Florida, and permission to address the House for 1 ciation bylaws to prevent racial, eth- Alabama. She is one of those special minute and to revise and extend her re- nic, and religious minorities from rent- educators whose energy is contagious. marks.) ing or buying property. While they are For her, Habitat For Humanity is Mrs. KELLY. Mr. Speaker, I rise now illegal and technically unenforce- more than building a house on the today to express my strong concerns able, most were never removed from weekends. Sponsoring the Student Club about an EPA proposal that would housing documents. In my district is her way of giving back to the school, allow local treatment plants to dis- alone, one survey identified more than to the community, and to those who charge inadequately treated sewage 1,200 documents that still contain dis- want a hand up and not a hand out, as into our waterways. It is disappointing criminatory language. Habitat’s slogan states. that the EPA would even consider a b 1100 Throughout her 31 years in public policy change that would worsen our service, Debbie Peterson has always re- Nation’s water quality and threaten In many jurisdictions, the process of membered that it is about the students public health. removing racially restrictive covenants is administratively burdensome, and their accomplishments. What have I am a cosponsor of the Save Our Wa- time consuming and costly. This reso- they done? Increased club membership ters From Sewage Act to prevent the lution urges States to adopt legislation from 25 students to 525, over one-quar- EPA from finalizing this misguided ini- similar to California and commends ter of the entire student body. Raised tiative. The mere thought of routinely the Missouri State Senate for passing a over $160,000 for Habitat projects to allowing human sewage that is only bill that streamlines the process for rebuild seven homes; become one of the partly treated to be dumped into our moving these relics of the Jim Crow five largest chapters of Habitat at U.S. local waterways is very disturbing. colleges and high schools. era. The EPA’s wastewater guidelines Mr. Speaker, I urge my colleagues to At the end of this school year, she have generated understandable con- will retire from Pope High School. The cosponsor H.R. 259 and join me in concerns among my constituents in West- demning racially restrictive covenants. lessons she has taught the thousands of chester, Dutchess, and Orange coun- students who helped provide a hand up ties. They seriously undermine the pro- f to countless others will last a lifetime. tections in place for our water re- PROVIDING FOR CONSIDERATION Congratulations Debbie Peterson. sources in the Hudson Valley. We have OF H.R. 2361, DEPARTMENT OF f a responsibility to fully treat all THE INTERIOR, ENVIRONMENT, MAKING PROGRESS IN SOCIAL wastewater. AND RELATED AGENCIES APPRO- SECURITY REFORM We already face enough health and PRIATIONS ACT, 2006 (Mr. KLINE asked and was given per- environmental risks in our local com- Mr. BISHOP of Utah. Mr. Speaker, by mission to address the House for 1 munities that are beyond our control. direction of the Committee on Rules, I minute and to revise and extend his re- It is senseless to initiate a new policy call up House Resolution 287 and ask marks.) that knowingly puts the public at for its immediate consideration. Mr. KLINE. Mr. Speaker, I rise today greater health risk. When it comes to The Clerk read the resolution, as fol- to highlight the progress, yes, the the safety of our water and our local lows: progress we are making towards mean- citizens, it is far more important to do H. RES. 287 ingful reform of an ailing Social Secu- what is right than to do what is most Resolved, That at any time after the adop- rity system. convenient. tion of this resolution the Speaker may, pur- Because of the efforts of my col- I want to thank my colleagues, the suant to clause 2(b) of rule XVIII, declare the leagues and President Bush to commu- gentleman from Michigan (Mr. STUPAK) House resolved into the Committee of the nicate the truth of the impending So- and the gentleman from Florida (Mr. Whole House on the state of the Union for consideration of the bill (H.R. 2361) making cial Security shortfall, Americans are SHAW), for leading the fight to protect appropriations for the Department of the In- talking, and their elected representa- public health and prevent the EPA terior, environment, and related agencies for tives are listening. from enacting this policy. I urge sup- the fiscal year ending September 30, 2006, and I know I am only one of many Mem- port for the Save Our Waters From for other purposes. The first reading of the bers who have been hosting listening Sewage Act. bill shall be dispensed with. All points of

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3590 CONGRESSIONAL RECORD — HOUSE May 19, 2005 order against consideration of the bill are I appreciate the hard work and the rule if they do not need waivers of the waived. General debate shall be confined to hard choices that the subcommittee House rules. the bill and shall not exceed one hour equal- chairman, the gentleman from North As someone who will be offering an ly divided and controlled by the chairman amendment to that bill later today, I and ranking minority member of the Com- Carolina (Mr. TAYLOR), the gentleman mittee on Appropriations. After general de- from California (Chairman LEWIS), the appreciate that the majority struc- bate the bill shall be considered for amend- gentleman from Washington (Mr. tured the rule in such a manner. How- ment under the five-minute rule. Points of DICKS), and many others have put into ever, I am greatly concerned that the order against provisions in the bill for fail- making and putting this essential rule blocks the ranking Democrat of ure to comply with clause 2 of rule XXI are funding bill together, which does live the Appropriations Committee, my waived except as follows: beginning with the within the budget discipline, and in friend the gentleman from Wisconsin colon on page 46, line 3, through ‘‘account’’ fact reflects the priorities of this Con- (Mr. OBEY), from offering a critical on line 14; section 109; page 67, line 17 gress. amendment which would have added through the semicolon on page 67, line 22; be- $500 million to the bill to fully restore ginning with ‘‘That’’ on page 68, line 23, At the same time, it reflects impor- through ‘‘and’’ on page 69, line 3; beginning tant committee priorities within the EPA’s State and Tribal Grant Pro- with ‘‘That’’ on page 69, line 19, through the budget itself. We realize that this Con- gram, and Clean Water State Revolving comma on line 22; page 73, line 14 through gress, this Nation, does not have the Fund to their fiscal 2004 levels. line 22; section 413; beginning with ‘‘notwith- money to do everything. But what we These two programs allow commu- standing’’ on page 121, line 11, through the decide to do we should do well. nities around the country to repair and comma on line 12; beginning with ‘‘notwith- By prioritizing the needs, this pro- modernize their water systems, and the standing’’ on page 121, line 22, through vides, for example, an increase in six of underlying legislation greatly under- ‘‘laws’’ on line 23; beginning with ‘‘Notwith- funds each account. standing’’ on page 124, line 6, through line 7; the eight EPA programs for the environment. It provides for a $118 million For the fiscally conservative in the and page 124, line 15 through 25. Where points House, the amendment of the gen- of order are waived against part of a para- increase for Indian health services, a graph or section, points of order against a $25 million increase over last year’s tleman from Wisconsin (Mr. OBEY) was provision in another part of such paragraph funding level for restoration of the Ev- revenue neutral, paying for itself by or section may be made only against such erglades. capping the tax cut for millionaires at provision and not against the entire para- These are simply examples. A few just over $138,000. The amendment of graph or section. During consideration of the others. Provides for National Heritage the gentleman from Wisconsin (Mr. bill for amendment, the Chairman of the Area grants and historic preservation, OBEY) could have benefited literally Committee of the Whole may accord priority millions of Americans by making their in recognition on the basis of whether the something that to an old history teacher I appreciate. This bill provides im- drinking water cleaner. But the Rules Member offering an amendment has caused Committee, on a straight party line it to be printed in the portion of the Con- portant resources to help manage our vote, prohibited the House from consid- gressional Record designated for that pur- Nation’s public forest resources and pose in clause 8 of rule XVIII. Amendments ering the gentleman’s amendment. our national parks. Mr. Speaker, we live in trying times so printed shall be considered as read. When It includes, for example, a $70 million with enormous fiscal constraints, the committee rises and reports the bill back increase for the national parks base to the House with a recommendation that many of which have been brought upon funding, but at the same time $440 mil- the bill do pass, the previous question shall ourselves. As the chairman and rank- be considered as ordered on the bill and lion to help reduce the backlog of na- ing Democrat of the Interior and Envi- amendments thereto to final passage with- tional park maintenance. That is how ronmental Appropriations Sub- out intervening motion except one motion to these bills and these monies should be committee will probably note today, recommit with or without instructions. prioritized, to help preserve and en- they did the best that they could with The SPEAKER pro tempore. The gen- hance these unique national treasures. what they were given. tleman from Utah (Mr. BISHOP) is rec- It also provides for a record amount Indeed they did. Mr. Speaker, I com- ognized for 1 hour. of funding to the national fire plan, mend the gentleman from North Caro- Mr. BISHOP of Utah. Mr. Speaker, and gives the Department flexibility in lina (Chairman TAYLOR) and the gen- for the purpose of debate only, I yield these accounts to help prevent and tleman from Washington (Mr. DICKS) the customary 30 minutes to the gen- fight the annual onslaught of raging for their hard and perhaps most impor- tleman from Florida (Mr. HASTINGS), fires on public lands in the West, which tantly bipartisan work on this legisla- pending which I yield myself such time have plagued many areas, especially tion. I do believe that they did the best as I may consume. During consider- California in recent years. with what the majority gave them. ation of this resolution, all time yield- I am also pleased in particular that The underlying legislation includes ed is for the purpose of debate only. the gentleman from North Carolina funding which is essential to Ever- This resolution provides for an open (Chairman TAYLOR) has been diligent glades restoration, in my district and rule on H.R. 2361, the Interior Appro- in funding the vital Payment in Lieu of throughout South Florida. The bill priations Act for fiscal year 2006, and Tax Program, or PILT, which so many maintains funding for the National En- provides for 1 hour of general debate western and rural counties depend dowment of the Arts at its current equally divided and controlled by the upon for these vital public services. level, and it increases funding for the chairman and ranking member of the Since this is an open rule, any Mem- National Endowment for the Human- Committee on Appropriations. ber will be allowed to offer germane ities by a little less than $500,000. For the purpose of amendments, this amendments. This is a good rule. I The bill also increases funding for op- rule provides for priority recognition think it supports a good bill. I strongly erations at our national parks, as well to Members who preprinted their urge their adoption. as a $67 million much-needed increase amendments in the CONGRESSIONAL With that, Mr. Speaker, I urge adop- in funding for the Bureau of Indian Af- RECORD, and the rule also allows for tion of the rule. fairs. certain points of order to be raised in Mr. Speaker, I reserve the balance of Despite these increases the under- the course of consideration of this bill. my time. lying legislation makes major cuts in Mr. Speaker, this bill deals with fili- Mr. HASTINGS of Florida. Mr. funding to some of our most important busters in the U.S. Senate. Actually, Speaker, I yield myself such time as I environmental and health programs. Mr. Speaker, it does not, but until you might consume. I thank the gentleman $240 million has been cut from the say that magic word the media does from Utah (Mr. BISHOP) for the time. Clean Water State Revolving Fund. not send its attention to the fact that Mr. Speaker, I rise today in opposi- $110 million from the State and Tribal the House is actually continuing on tion to this rule, not because of what it Assistance Grant Account. with the input of good government in allows but rather because of what it Conservation funding is about $750 our processes, so this bill actually, for does not allow. As my colleague from million below, or less than half of what which I am pleased to stand before the the majority noted, this rule permits was promised when Congress passed the House and support the rule on the un- Members to offer amendments to the Conservation and Restoration Act in derlying legislation, is the Interior Ap- Interior and Environment Appropria- 2000. Overall, EPA’s budget has been propriations Act. tions bill under the House’s 5-minute cut by $300 million.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3591 This is only the second of 13 appro- b 1115 communities and the families who live priations measures which this body With innovation that can only occur in them. will consider over the next few months. in a consortium of stakeholders, the The stateside Land and Water Con- It is also the second appropriations bill Department of the Interior can make servation Fund has helped to preserve in which we can see the drastic and major environmental restoration open space, slow urban sprawl, and give dramatic effects of the Bush tax cuts. projects a reality. our children safe places to play. It is a Republicans are going to try and asso- Enforcement is not free and neither true partnership with Federal grants ciate domestic funding cuts with the is environmental restoration. Everyone requiring a full match from States and cost of the war in Iraq. It seems like a in America shares in the responsibility local communities. It is a program that plausible reason, and certainly one of contributing his or her own fair has worked, and it has worked well. that the public could believe. But the share. Is there any Member in this But this Republican bill completely truth is that domestic spending cuts body who is unwilling to pay just a lit- eliminates the program. It zeros it out, are not occurring to pay for the war, tle more to ensure that everyone in walks away from our local commu- they are happening to pay for the America has clean air to breathe? If nities. President’s tax cuts. given the chance, who would not be The Land and Water Conservation The Republican budget that Congress willing to pool his or her resources Fund, LWCF, is based upon a simple approved 2 weeks ago only set aside $50 with others in his or her neighborhood concept: it takes revenues from off- billion for Iraq and Afghanistan com- to collectively ensure that everyone, shore oil and gas drilling and invests bined. The remaining costs, probably everyone, has safe drinking water, or them in our Nation’s public land, let- another $50 billion or more, if this year that no child will be forced to grow up ting States take the lead. For 40 years is any indication, will be funded by playing in backyards polluted by dan- this program has a proven track record Congress through so-called emergency gerous levels of mercury and other tox- and benefited from strong bipartisan supplemental appropriations. These ins. support. emergency costs will be added to the I do not blame or fault the appropri- When Congress decided to open the national debt, because we irresponsibly ators for the funding cuts in the under- outercontinental shelf to oil drilling, did not budget for it though we knew lying legislation; but I do fault the ma- we pledged to use some of its revenues they were obvious. What has ensued is jority in this body for creating a situa- for the public good. With the goal of not the fault of the Appropriations tion in which failure to adequately meeting the Nation’s growing need for Committee, Mr. Speaker, it is the fault fund America’s needs has become im- recreation sites, Congress established of those who supported the budget res- minent. The American people will feel the LWCF trust fund and agreed to re- olution. the same way when they wake up to- invest an annual portion of OCS rev- Later today, some Members will seek morrow and realize that their children enue into Federal land acquisition and to improve the funding shortfalls, and grandchildren will be paying for State-assistance development pro- which the chairman and ranking Dem- our fiscal mismanagement for genera- grams. ocrat sought to avoid. tions to come. Now even though LWCF takes in $900 million annually from oil and gas re- For example, the gentleman from Ar- Mr. Speaker, I reserve the balance of ceipts, in recent years just a fraction of izona (Mr. GRIJALVA) will offer an my time. this funding has been used for its right- amendment that restores the Presi- Mr. BISHOP of Utah. Mr. Speaker, I ful purpose. And today, the Republican dent’s 33 percent cut for environmental yield myself such time as I may con- leadership has taken their pillaging a justice programs to the fiscal year 2005 sume. step further by completely eliminating level. Mr. Speaker, once again with this the stateside program and using the The gentlewoman from Texas (Ms. particular rule being open, it allows any Member who wishes to, to bring an money for something else. EDDIE BERNICE JOHNSON) will also offer This bill breaks our promise to the an amendment that will increase fund- amendment to the floor. It is the wonderful prerogative of the Members to American people by not spending this ing for the cleanup of brownfields sites funding the way we are supposed to. In by $2 million. do that. It is also very nice to note that the Committee on Appropriations all, the stateside program has helped Additionally, I will offer an amend- which is tasked with trying to communities by funding 40,000 projects ment that will require EPA to identify prioritize needs and fund those that are nationally, success stories that can be and take the necessary steps to protect truly significant in that prioritization, found in every State and in 98 percent minority and low income communities and in this particular situation, the of U.S. counties. from bearing a disproportionate burden gentleman from North Carolina (Chair- I urge my colleagues to ask their of poor environmental policy which ad- man TAYLOR) and the gentleman from Governors and their mayors and coun- versely affects their health and well Washington (Mr. DICKS) in a very colle- ty commissioners if they want the being. gial way have done just that, and have stateside program to be eliminated. If All communities currently do not presented a good and balanced bill. the answer is no, vote against this bill. share in the burden of health and envi- Mr. Speaker, I reserve the balance of This cut is particularly harmful to ronmental risks, and my amendment my time. our Nation’s underserved areas. In fact, expresses Congress’ support for EPA Mr. HASTINGS of Florida. Mr. in many low-income urban commu- doing what is necessary to protect Speaker, I yield 4 minutes to the gen- nities, the stateside grant program is these communities. tleman from Massachusetts (Mr. responsible for virtually all parks. Mr. Speaker, individuals in our coun- MCGOVERN) with whom I serve on the This is about priorities, Mr. Speaker. try on their own are not going to force Committee on Rules. This bill demonstrates that for the Re- power companies to reduce mercury Mr. MCGOVERN. Mr. Speaker, I publican leadership, tax breaks for the emissions from smokestacks. Individ- thank the gentleman for yielding me wealthy few are more precious than uals on their own are not going to con- this time. open space. For this leadership, mil- duct major environmental restoration, Mr. Speaker, I rise today in opposi- lionaires are more important than kids and they certainly do not have the cation to the rule and in strong opposi- who need a safe place to play. And for pacity to clean up our drinking water. tion to what I consider a very bad bill. this leadership, lobbyists win and fami- But collectively, collectively, Mr. This Department of the Interior appro- lies lose. Speaker, we can all make this happen. priations bill as written is a direct as- We will hear the rhetoric from the When utilizing the Clean Air Act, sault against our Nation’s environ- other side claiming they did the best EPA can force power plants to come ment, and it should be defeated. they could with what they had. They into compliance with new standard re- I am particularly outraged that the will complain that the allocation given views. When enforcing the Clean Drink- bill completely zeros out the stateside to the subcommittee just was not big ing Water Act, EPA can require cities grant program of the Land and Water enough. They should save their croco- and counties to provide their residents Conservation Fund, a program that has dile tears because those same Members with safe drinking water. been an enormous help to our local voted for the budget that created those

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3592 CONGRESSIONAL RECORD — HOUSE May 19, 2005 allocations. They created this mess, trieve the body. All of the money that the committee for moving the first and now the families of this country was budgeted for that year’s critical step forward. But I hope that we can are paying the price. I urge my col- rescue missions was expended on that look at other amendments as this de- leagues to vote against this rule and one individual entering from the east bate goes forward that would look at reject this bad bill. using all of these public lands. All of funding the programs we already have Mr. BISHOP of Utah. Mr. Speaker, I the cost of that was borne by the citi- that have been there for many years yield myself such time as I may con- zens of that particular county, which that desperately need to be fully fund- sume. means once again these lands belong to ed before we launch into others, and I appreciate the comments from the all of us, but the expense attached to that is specifically what an appropria- gentleman from Massachusetts (Mr. these lands do not belong to all of us. tions process should do. It should MCGOVERN), and I commend the gen- There is a program that we have long prioritize our needs. Once again, we tleman for the one statement he asked had called ‘‘payment in lieu of taxes,’’ can go back to the concept that we us all to do which is to go to our State which recognizes the burden placed cannot fund everything, but what we and local leaders and find out what upon the West and the burden that fund, we should fund well. their priorities happen to be. should be funded. From the mid-1970s Mr. Speaker, I reserve the balance of I would like to do something unique until the early 1990s, virtually no new my time. so far in today’s debate and talk about money was placed in this program. It Mr. HASTINGS of Florida. Mr. something that is actually in the bill, was flat funding for almost that whole Speaker, I yield myself such time as I and something about which we will be period of time. This Congress put $1.4 may consume. debating later, and preface it with the million of new money into the bur- Mr. Speaker, I am a bit confuzzled by comment of why, when we try to geoning problem of trying to pay for the continuing argument of my col- prioritize, should we spend new tax- the Federal lands in the West. Under league and friend on the Committee on payer money for new recreation areas the direction of the gentleman from Rules that his State is impacted by vir- and programs when some of the exist- North Carolina (Chairman TAYLOR) and tue of education formulas. I do not dis- ing programs, long-time recognized, others on the subcommittee, that has agree with what the gentleman says, long time in the bill, are not totally increased significantly, almost dou- but I find it interesting that the State and fully funded. bling. They have recognized the need, of Utah, while the gentleman from If I could, Mr. Speaker, I come from but they have never fully funded the Utah (Mr. BISHOP) is arguing that they a western State that has a great deal of cost imposed on western States are not getting enough money for edu- Federal land. In fact, 67 percent of my through payment in lieu of tax fund- cation, the State of Utah legislature State is owned by the Federal Govern- ing. passed measures saying they do not ment. If we add military lands on top This last year, this program, tradi- want any Federal money for education. of that, it is almost 80 percent owned tionally run through the Bureau of They need to make up their mind so we by the Federal Government. And, un- Land Management, was taken over by know what all they are doing out fortunately, my State is not the worst the Department of the Interior with there. situation. There are States that have the idea of prioritizing it. They did not. Mr. Speaker, I yield 7 minutes to the more of their land owned by the Fed- Instead of prioritizing this program, gentleman from Wisconsin (Mr. OBEY), eral Government. they recommended a cut in this pro- ranking member of the Committee on Oftentimes I have Members come to gram and increased funding to the ad- Appropriations. the floor and say these lands belong to ministrative overhead of the Depart- Mr. OBEY. Mr. Speaker, I thank the all of us, but the cost of maintaining ment of the Interior. gentleman for yielding me this time. those lands is not borne by all of us; it I commend the gentleman from Mr. Speaker, I will be voting against is borne by the citizens who happen to North Carolina (Chairman TAYLOR) for the previous question on the rule, and reside within those particular States. recognizing the unfairness of this and after the bill is considered, unless it is Now I am an old teacher, and as I by increasing the payment in lieu of substantially changed, I will be intend- look at the situation of education, I taxes to last year’s level plus $3 mil- ing to vote against the bill itself for a find a unique phenomenon that the lion, but it is still not close to full variety of reasons. area of this country in which education funding. My main reason is this bill rep- funding is growing the slowest, the I am confident and hopeful that we resents gross negligence of our respon- area of this country where the class- will discuss that particular issue be- sibility to clean up the Nation’s air and rooms are the largest, the area of this cause it is a well-established program. water pollution. This bill provides huge country where the student population It is not new, and we should be funding cuts, 40 percent cuts over a 2-year pe- is increasing the fastest, and the area those well-established programs fully riod in the clean water revolving fund. of this country where State and local before we launch into new endeavors. If there is any Member of this Chamber commitment in tax base is being paid I commend the gentleman from who has a district that does not have a by their citizens all happen to be found North Carolina (Chairman TAYLOR) for community that needs more loans to in the 13 States of the West. And the zeroing out the land acquisition budget fix their sewer and water problems, common denominator for all is the except for necessary administration would you please raise your hand. I amount of public lands that happen to costs because it comes up with the would like to see one Member who be in these particular States. same policy: we do not start buying thinks that they have enough money. Those Members east of the Rocky new land until we fully fund those I note no Member of the House Mountains sometimes do not com- lands that we already own. present has raised his hand. prehend the concept because there is We have an opportunity of expanding very little of your land owned by the this in conference. This is one of the b 1130 Federal Government, and you can issues in this free-flowing open rule Mr. Speaker, I would say there is a maximize the amount of input, but you that we will be discussing later on. great deal of hypocrisy surrounding the cannot do it in the West. This is an issue where I commend the budget process. Every time that those One of my counties has an area chairman for doing what he has done in of us on this side of the aisle point to known as the Black Box, something this bill and urge him to continue on, the shortcomings in the budget that that no one in Utah would ever try to because the citizens of the West, the the Republican majority has just raft down. One of our good constituent kids in the West, the education system passed, we hear, ‘‘Well, we can’t do friends from another State decided to of the West have been harmed too long anything about these shortages in the come and raft in the area of the Black by policies that all of us in Congress appropriation bills because, after all, Box; and, unfortunately, he lost his life for over 30 years have been imple- we have limited resources.’’ doing it. menting. It is an unfairness that must The gentleman who just spoke, the The problem is my County of Emery be dealt with. gentleman from Utah, said the appro- had to expend its resources and have I commend the gentleman from priations process, quote, ‘‘should their rescue team risk their lives to re- North Carolina (Chairman TAYLOR) and prioritize our needs.’’ I fully agree.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3593 That is what I wanted to be able to try pristine land in this country and turn Mr. BISHOP of Utah. Mr. Speaker, I to do by offering an amendment which it into a shopping mall when we have yield myself the balance of my time. this rule would preclude me from offer- our population increase by one-third I appreciate the opportunity coming ing. Because what I wanted to do is to since I came to this body and when we here and discussing this particular change the judgment, change the pri- have an increased need for resources open rule that allows for us to discuss ority judgment that the majority party that the average family can enjoy. the prioritization which is the key ele- made when they decided it was more But most of all the biggest problem ment of what we do in every appropria- important to give a $140,000 tax cut to with this bill is that it walks away tions issue. The gentleman from Wis- someone who makes a million bucks from our obligation to help State and consin is free to come here on the floor this year, they decided that was more local governments clean up some of the and talk about whether he believes the important, that was a higher priority, dirtiest rivers and dirtiest lakes in the prioritization of this committee is ac- than cleaning up our air or cleaning up country. It walks away from our re- curate or not, whether he believes the our water. I do not think that rep- sponsibility to prevent communities Democrat approach would be a tax in- resents the priority choice that the like Milwaukee from dumping their crease or not. But the same discussion American people would make but it is surplus sewage into Lake Michigan also takes place in another area and it the priority choice that the majority every time there is a storm. That is an takes place in the committee process party has made. outrageous neglect of our stewardship before it ever comes to this bill. I am The only way that we can change responsibilities. I think this bill makes here to still contend that the com- that priority judgment is by offering it even easier to ignore those respon- mittee, both Republican and Democrat, the amendment that I wanted to offer, sibilities, and I think that is a dis- did a good job in coming up with a which would have scaled back the size graceful act. prioritization process. of those tax cuts for anybody making a Mr. HASTINGS of Florida. Mr. When the gentleman from Wisconsin million dollars a year or more. It would Speaker, I yield myself the balance of talks about the desire for having new have scaled back those average tax my time. land, I do not dispute that nor do I op- cuts from $140,000 to $138,000. Imagine I will be asking Members to oppose pose it necessarily. What we are saying those poor souls having to get by with the previous question. If the previous is it is part of the prioritization. I a tax cut of only $138,000. I remind you, question is defeated, I will amend the would support acquisition of new land rule so we can consider the amendment those are people who make more than once we finally fully fund and take of the gentleman from Wisconsin (Mr. a million dollars. care of the lands we have. This com- I do not begrudge, I do not denigrate OBEY) that was rejected in the Rules mittee has looked into that. This com- in any way people who have managed Committee last night on a straight mittee put significant new money not to strike it rich and who are managing party-line vote. just into national parks but to main- Mr. Speaker, the Obey amendment to make a million dollars a year. I hope tain the backlog that we have of main- would add $500 million to the bill to re- everybody in this country at some tenance in our national parks. That is store funding for the EPA Clean Water point in their lives can do that. But I prioritization. State Revolving Fund Program to its do believe that people who are the This committee recognized by put- fiscal year 2004 levels. This program almost blessed in our society ought to ting PILT up to at least the level it lows communities around the country was last year that there is a pay their fair share and the budget res- to repair and modernize their water prioritization that takes place there at olution which was imposed on this systems. I find it incomprehensible the same time. I was saying with PILT, committee by this House does not that we do not understand the dynam- and I will say it again, that what we allow us to reach that kind of fair dis- ics of that or that most if not all of us have to do is fully fund it because it tribution of tax burden. in this body do not have communities So if we object to that what I regard has been looked at for too long, espe- that would benefit from modernizing to be not just ill-advised but immoral cially when the minority party was in our water systems. The Obey amend- allocation of resources, the only device charge here and there were basically no ment offsets these expenditures by cap- that we have to try to change that is to ping at just over $138,000 the tax cut for increases in PILT funding, it has been try to make our point on each of these people making over $1 million this looked at for too long as welfare for appropriation bills trying to get the year. The Obey amendment pays for the West. It is not. It is rent that is due majority party to understand that just itself and adds nothing to the Federal on that land and if you prioritize the as they reconsidered their unilateral debt while maintaining funding levels budget, you prioritize those programs actions on Ethics Committee changes a in every other program in the bill. first before you expand anything else. I couple of weeks ago, we would also like This amendment will correct one of have to commend this committee for them to reconsider their poor judgment the most serious shortfalls in this bill. actually doing that. on the budget resolution. It is absolutely critical that this fund- I think there are some areas in which Because the Rules Committee would ing be restored. We can fix this today if I think they could go ahead and move not allow that amendment, I am going we allow the Obey amendment to be forward in those particular areas but to vote against the previous question, considered on the floor. But the only once again prioritizing those commit- and I am going to vote against the bill way that will happen is if we defeat the ments we have already made and fully because the bill is grossly negligent in previous question. funding those first. That is what this dealing with the air and water pollu- I want to assure my colleagues that a committee has tried to do. Whether tion problems facing this country. I am ‘‘no’’ vote will not prevent us from con- you like or dislike their end product, also not at all thrilled by the fact that sidering the Interior Appropriations they should be congratulated for com- for the first time in all the years I have bill, but a ‘‘no’’ vote will allow Mem- ing that close. been in Congress there will not be a bers to vote on the Obey amendment. In closing, Mr. Speaker, I have to re- single dollar provided for land acquisi- However, a ‘‘yes’’ vote will block con- iterate the fairness of this open rule tion programs. The gentleman may not sideration of the Obey amendment. and urge its adoption because of that want it in his State, but there are key Mr. Speaker, I ask unanimous con- along with the underlying appropria- tracts of land that we want the govern- sent to insert the text of the amend- tion legislation. No bill is perfect. I am ment to acquire in my State, there are ment immediately prior to the vote. sure we can all come up with issues key tracts of land we want the govern- The SPEAKER pro tempore (Mr. here and there in the appropriations ment to acquire, for instance, at BOOZMAN). Is there objection to the re- bill or, for that matter, in any other George Washington’s birthplace before quest of the gentleman from Florida? bill we have where we would like to real estate developers destroy that There was no objection. have it come out differently had we beauty for all time. Mr. HASTINGS of Florida. I urge my had our way, but in judging this bill as I am an old real estate broker, so I colleagues in the House to vote ‘‘no’’ a whole and the process that has been have nothing against real estate devel- on the previous question. through it to get to the point, I believe opers but I do not think they ought to Mr. Speaker, I yield back the balance it is worthy for Members to support be able to get their gloms on the most of my time. this particular piece of legislation.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3594 CONGRESSIONAL RECORD — HOUSE May 19, 2005 And then I do want to talk to my [Roll No. 190] Filner McCarthy Sabo good friend from Florida about what Ford McCollum (MN) Salazar YEAS—215 Frank (MA) McDermott Sa´ nchez, Linda we really did with education in Utah. Aderholt Gerlach Neugebauer Gonzalez McGovern T. He is summarizing the New York Akin Gibbons Northup Gordon McIntyre Sanchez, Loretta Times, not reality. But other than Alexander Gilchrest Norwood Green, Al McKinney Sanders Green, Gene McNulty that, we will forget that point right Bachus Gillmor Nunes Schakowsky Baker Gohmert Nussle Grijalva Meehan Schiff Gutierrez Meek (FL) now. I will talk later to him about Barrett (SC) Goode Osborne Schwartz (PA) Hastings (FL) Meeks (NY) that. Bartlett (MD) Goodlatte Otter Scott (GA) Herseth Melancon Barton (TX) Granger Oxley Scott (VA) Again, I urge Members to support Higgins Menendez Bass Graves Paul Hinchey Michaud Serrano this rule. Beauprez Green (WI) Pearce Hinojosa Miller (NC) Sherman The text of the amendment pre- Biggert Gutknecht Pence Skelton Bilirakis Hall Holden Miller, George Peterson (PA) Slaughter viously referred to by Mr. HASTINGS of Bishop (UT) Harris Holt Mollohan Petri Smith (WA) Florida is as follows: Blackburn Hart Honda Moore (KS) Pickering Hooley Moore (WI) Snyder Blunt Hastings (WA) Pitts PREVIOUS QUESTION ON H. RES. 287—RULE FOR Boehlert Hayes Hoyer Moran (VA) Solis Platts H.R 2361 FY06 INTERIOR APPROPRIATIONS Boehner Hayworth Inslee Murtha Spratt Poe Bonilla Hefley Israel Nadler Stark At the end of the resolution, add the fol- Pombo Bonner Hensarling Jackson (IL) Napolitano Stupak Porter lowing new sections: Bono Herger Jefferson Neal (MA) Tanner Price (GA) SEC. 2. Notwithstanding any other provi- Boozman Hobson Johnson, E. B. Oberstar Tauscher Pryce (OH) sion of this resolution, the amendment print- Bradley (NH) Hoekstra Jones (OH) Obey Taylor (MS) Brady (TX) Hostettler Putnam Kanjorski Olver Thompson (CA) ed in section 3 shall be in order without Radanovich Kaptur Ortiz intervention of any point of order and before Brown (SC) Hulshof Thompson (MS) Brown-Waite, Hunter Ramstad Kennedy (RI) Owens any other amendment if ofered by Represent- Tierney Ginny Hyde Regula Kildee Pallone Towns BEY Rehberg Kilpatrick (MI) Pascrell ative O of Wisconsin or a designee. The Burton (IN) Inglis (SC) Udall (NM) Reichert Kind Pastor amendment is not subject to amendment ex- Buyer Issa Van Hollen Renzi Kucinich Payne cept for pro forma amendments or to a de- Calvert Istook Vela´ zquez Reynolds Langevin Pelosi mand for a division of the question in the Camp Jenkins Visclosky Rogers (AL) Lantos Peterson (MN) committee of the whole or in the House. Cannon Jindal Wasserman Rogers (KY) Larsen (WA) Pomeroy Capito Johnson (CT) Schultz SEC. 3. The amendment referred to in sec- Rogers (MI) Lee Price (NC) Carter Johnson (IL) Waters tion 2 is as follows: Rohrabacher Levin Rahall Castle Johnson, Sam Watson Chabot Jones (NC) Ros-Lehtinen Lipinski Rangel AMENDMENT TO H.R. 2361, AS REPORTED Watt Chocola Kelly Royce Lofgren, Zoe Reyes Waxman OFFERED BY MR. OBEY OF WISCONSIN Coble Kennedy (MN) Ryun (KS) Lowey Ross Weiner Cole (OK) King (IA) Saxton Lynch Rothman At the end of the bill (before the short Wexler Conaway King (NY) Schwarz (MI) Maloney Roybal-Allard title), insert the following: Woolsey Cox Kingston Sensenbrenner Markey Ruppersberger Wu SEC. ll. (a) The amount otherwise pro- Crenshaw Kirk Sessions Marshall Rush Matheson vided in this Act for ‘‘Environmental Protec- Cubin Kline Shadegg Ryan (OH) Wynn Culberson Knollenberg tion Agency—State and Tribal Assistance Shaw NOT VOTING—24 Grants’’ (and the amount specified under Cunningham Kolbe Sherwood such heading for making capitalization Davis (KY) Kuhl (NY) Shimkus Boustany Larson (CT) Simpson Davis, Jo Ann LaHood Burgess Lewis (GA) grants for the Clean Water State Revolving Shuster Strickland Davis, Tom Latham Cantor Lucas Sullivan Funds under title VI of the Federal Water Simmons Deal (GA) LaTourette Smith (NJ) Fattah Matsui Tancredo Pollution Control Act) is hereby increased DeLay Leach Smith (TX) Gingrey Millender- Tiahrt by $500,000,000. Dent Lewis (CA) Sodrel Harman McDonald Udall (CO) (b) In the case of taxpayers with adjusted Diaz-Balart, L. Lewis (KY) Souder Jackson-Lee Ney Weldon (FL) Diaz-Balart, M. Linder Stearns (TX) Ryan (WI) Weldon (PA) gross income in excess of $1,000,000 for cal- Doolittle LoBiondo Keller Shays Sweeney endar year 2006, the amount of tax reduction Drake Lungren, Daniel Taylor (NC) resulting from enactment of the Economic Dreier E. Terry Growth and Tax Relief Reconciliation Act of Duncan Mack b 1209 Thomas Ehlers Manzullo 2001 (Pub. L. 107–16) and the Jobs and Growth Thornberry Tax Relief Reconciliation Act of 2003 (Pub. Emerson Marchant Mr. SESSIONS, Mrs. MUSGRAVE, English (PA) McCaul (TX) Tiberi and Mr. BRADLEY of New Hampshire L. 108–27) shall be reduced by 1.562 percent. Turner Everett McCotter changed their vote from ‘‘nay’’ to Feeney McCrery Upton Mr. BISHOP of Utah. Mr. Speaker, I Walden (OR) ‘‘yea.’’ yield back the balance of my time, and Ferguson McHenry Fitzpatrick (PA) McHugh Walsh So the previous question was ordered. I move the previous question on the Wamp Flake McKeon The result of the vote was announced resolution. Foley McMorris Weller Westmoreland as above recorded. The SPEAKER pro tempore. The Forbes Mica Fortenberry Miller (FL) Whitfield Stated for: question is on the ordering the pre- Fossella Miller (MI) Wicker vious question. Foxx Miller, Gary Wilson (NM) Mr. NEY. Mr. Speaker, on May 19, 2005, I Franks (AZ) Moran (KS) Wilson (SC) was unable to be present for rollcall vote No. The question was taken; and the Frelinghuysen Murphy Wolf 190, on ordering the Previous Question to pro- Speaker pro tempore announced that Gallegly Musgrave Young (AK) vide for consideration of H.R. 2361, making the noes appeared to have it. Garrett (NJ) Myrick Young (FL) appropriations for the Department of the Inte- Mr. BISHOP of Utah. Mr. Speaker, I NAYS—194 rior, environment, and related agencies for the object to the vote on the ground that a Abercrombie Brown (OH) Cummings fiscal year ending September 39, 2006 and for quorum is not present and make the Ackerman Brown, Corrine Davis (AL) other purposes. Had I been present I would point of order that a quorum is not Allen Butterfield Davis (CA) Andrews Capps Davis (FL) have voted ‘‘yea’’ on rollcall vote No. 190. present. Baca Capuano Davis (IL) Mr. BOUSTANY. Mr. Speaker, on rollcall The SPEAKER pro tempore. Evi- Baird Cardin Davis (TN) No. 190 I was inadvertently detained. Had I dently a quorum is not present. Baldwin Cardoza DeFazio Barrow Carnahan DeGette been present, I would have voted ‘‘yea.’’ The Sergeant at Arms will notify ab- Bean Carson Delahunt Mr. RYAN of Wisconsin. Mr. Speaker, on sent Members. Becerra Case DeLauro rollcall No. 190 I was traveling with the Presi- Berkley Chandler Dicks Pursuant to clause 9 of rule XX, the Berman Clay Dingell dent in Wisconsin. Had I been present, I Chair will reduce to 5 minutes the min- Berry Cleaver Doggett would have voted ‘‘yea.’’ imum time for electronic voting, if or- Bishop (GA) Clyburn Doyle The SPEAKER pro tempore (Mr. Bishop (NY) Conyers Edwards dered, on the question of adoption of Blumenauer Cooper Emanuel BOOZMAN). The question is on the reso- the resolution. Boren Costa Engel lution. The vote was taken by electronic de- Boswell Costello Eshoo The resolution was agreed to. Boucher Cramer Etheridge vice, and there were—yeas 215, nays Boyd Crowley Evans A motion to reconsider was laid on 194, not voting 24, as follows: Brady (PA) Cuellar Farr the table.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3595 ANNOUNCEMENT BY COMMITTEE XVIII, the Chair declares the House in The Payments in Lieu of Taxes pro- ON RULES REGARDING AMEND- the Committee of the Whole House on gram has a healthy increase of $30 mil- MENTS TO H.R. 1851, NATIONAL the State of the Union for the consider- lion above the budget request, and DEFENSE AUTHORIZATION ACT ation of the bill, H.R. 2361. more than $3 million above the 2005 FOR FISCAL YEAR 2006 The Chair designates the gentleman level. Despite our very tight allocation, (Mr. COLE of Oklahoma asked and from Ohio (Mr. LATOURETTE) as chair- the Committee believes it is important was given permission to address the man of the Committee of the Whole, to provide this increased funding for House for 1 minute.) and requests the gentlewoman from PILT. Mr. COLE of Oklahoma. Mr. Speaker, West Virginia (Mrs. CAPITO assume the There is an increase of $64 million for the Committee on Rules may meet the chair temporarily). operations of our National Park Sys- week of May 23rd to grant a rule which b 1213 tem, including a $30 million increase could limit the amendment process for specifically designed for individual IN THE COMMITTEE OF THE WHOLE floor consideration of H.R. 1815, the Na- units of the National Park Service. Accordingly, the House resolved tional Defense Authorization Act for This targeted park base increase will itself into the Committee of the Whole Fiscal Year 2006. The Committee on benefit all of our parks. Armed Services ordered the bill re- House on the State of the Union for the The bill also restores critical funding ported late last night and is expected consideration of the bill (H.R. 2361) for science programs, historic preserva- to file its report in the House tomor- making appropriations for the Depart- tion programs, National Forest Sys- row, May 20. ment of the Interior, environment, and tems programs, and Save America’s Any Member wishing to offer an related agencies for the fiscal year end- Treasures grants. Finally, we have re- amendment should submit 55 copies of ing September 30, 2006, and for other stored critical environmental edu- the amendment and one copy with a purposes, with Mrs. CAPITO (Acting cation, research and rural water pro- brief explanation of the amendment to Chairman) in the chair. The Clerk read the title of the bill. grams in the Environmental Protec- the Committee on Rules in room H–312 The Acting CHAIRMAN. Pursuant to tion Agency, and provided some lim- of the Capitol by 10 a.m. on Tuesday, the rule, the bill is considered as hav- ited increases for initiatives proposed May 24. ing been read the first time. in the budget request, including Super- Members should draft their amend- Under the rule, the gentleman from fund, homeland security, school bus ments to the text of the bill as re- North Carolina (Mr. TAYLOR) and the retrofits, the Clean Diesel Program, ported by the Committee on Armed gentleman from Washington (Mr. Methane to Markets Initiative, and the Services which should be available to- DICKS) each will control 30 minutes. Brownfields Program. morrow for their review on the Web The Chair recognizes the gentleman site of both the Committee on Armed The budget request for EPA, while from North Carolina (Mr. TAYLOR). substantially below last year’s level Services and the Committee on Rules. Mr. TAYLOR of North Carolina. Members should use the Office of and proposed increases in that budget Madam Chairman, I yield myself such request, were funded by elimination of Legislative Counsel to ensure that time as I may consume. their amendments are drafted in the many critical mission essential pro- Madam Chairman, today we present grams. most appropriate format. Members are for consideration by the House the In- also advised to check with the Office of terior, Environment and Related Agen- We heard from nearly every Member the Parliamentarian to be certain their cies fiscal year 2006 Appropriations bill of the House asking that we provide amendments comply with the Rules of as approved by the House Committee funding for EPA programs that were the House. on Appropriations. eliminated or reduced in the budget. f The bill provides a total of $26.2 bil- The program restoration and increases lion in funding for programs for the De- for the various programs and agencies GENERAL LEAVE partment of the Interior, Environ- in this bill are offset by the decreases Mr. TAYLOR of North Carolina. Mr. mental Protection Agency, Forest in land acquisition, construction, and Speaker, I ask unanimous consent that Service, Indian Health Service, the State grant programs, and by lowering all Members may have 5 legislative Smithsonian Institution, and several the amount provided for the increases days within which to revise and extend other environmental and cultural agen- proposed in the budget request. their remarks and include extraneous cies and commissions. This is a balanced bill. It is within material on H.R. 2361. b 1215 the 302(b) allocation for budget author- The SPEAKER pro tempore. Is there ity and outlays. It provides the needed objection to the request of the gen- The bill is $823 million below the fis- funding to keep the agencies in the bill tleman from North Carolina? cal year 2005 level, and $435 million operating at a reasonable level. There was no objection. above the administration budget re- It does not provide a lot of funding f quest. This is a balanced, bipartisan bill. It for new initiatives. The choices made DEPARTMENT OF THE INTERIOR, provides significant increases for our by the Committee were tough and fair ENVIRONMENT, AND RELATED national parks, Indian schools, hos- and responsible. I urge all of my col- AGENCIES APPROPRIATIONS pitals and clinics, wildfire programs; leagues to support the bill. ACT, 2006 forest health is a high priority, and the At this point, I would like to ask The SPEAKER pro tempore. Pursu- Healthy Forest Initiative is fully fund- that a table detailing the accounts in ant to House Resolution 287 and rule ed. the bill be inserted in the RECORD.

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VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE Insert offset folio 248/7 here EH19MY05.024 May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3603 Madam Chairman, I would like to increases in the Park Service oper- pected depleted the annual firefighting thank the staff of both the minority ations budget, and I want to pledge to budget. and majority staff, and Mr. DICKS, and continue to help my chairman to make Although neither the President’s all of those who have worked with the sure that the Park Service Partnership budget nor this bill contains such con- Committee in producing this. We have Program stays on track towards better tingency funding for 2006, there is an had outstanding participation, and I management. increase of $120 million over the non- thank all of them for their participa- The biggest concern that I have in emergency spending level in fiscal year tion. this bill is the reduction in spending 2005. I hope this is sufficient to meet Madam Chairman, I reserve the bal- for clean water activities. First, I must the challenge of what could be a busy ance of my time. commend the chairman for his decision fire season with estimates of higher Mr. DICKS. Madam Chairman, I yield 2 weeks ago to agree to add an extra than average threats in several areas of myself 6 minutes. $100 million to the Clean Water State the country, including Washington First of all, I want to thank the gen- Revolving Fund from unobligated EPA State and the Northwest. tleman from North Carolina (Chairman funds from previous years. But even I also agree with the decision to re- TAYLOR) for his commendable work for with this additional funding, the Clean store some of the cuts in the budget to putting together this Interior, Envi- Water Revolving Fund will be $240 mil- the Indian school and construction ac- ronment and Related Agencies appro- lion lower than this year. count. Even with this added money, priations bill for next year. If you compare the proposed funding this bill contains a cut of $75 million to This bill is basically good, consid- in 2006 to the level in 2004, there is a those important programs, and it is ering the budget allocation that our decrease of nearly $500 million in just 2 important that we are freezing the subcommittee received. As always, the years. I know that many of you are funding level for the Indian trust ac- chairman and his staff have included hearing from your State and local offi- counting program. I believe we should me in the process of putting together cials about the effect this cut will have not spend money at the expense of the bill, and for that I am very appre- on plans to construct and improve other Indian programs on a historical ciative. Such cooperation is a hallmark water treatment facilities. accounting exercise that cannot of the Interior Subcommittee, and it is The Federal Government should not produce the desired results. the chairman who sets the tone. be retreating in this fashion from such Again, I want to thank the gen- While the bill we are considering an important responsibility. For that tleman from North Carolina (Chairman today represents hard work all around, reason I am going to support an TAYLOR) and his great staff, led by I must note that it falls short of prop- amendment to increase funding for the Debbie Weatherly for their hard work erly funding many programs. The rea- Clean Water State Revolving Fund. on the 2006 Interior and Environment son for this failure is the inadequate I must also register my disagreement appropriations bill. I also want to commend Mike Ste- budget allocation we have. The short- with the decision to continue to re- phens on Mr. OBEY’s staff and Pete fall compared to the 2005 Interior bill treat from the commitment made in Modaff of my staff for their part in adds up to more than $800 million. 2000 to increase funding for the Con- helping to put together this bill. I As you know, this is the first year servation Trust Fund. If the Lands hoped we could do better, but this is a that the Interior Subcommittee has Legacy conservation agreement was difficult situation that we are in, and I funded the EPA, and what a challenge being followed, this bill would have $1.8 appreciate the cooperation, the bipar- it is proving to be with the President’s billion for the various conservation ac- tisan spirit in which this bill was cre- budget proposing a cut of more than tivities under our jurisdiction. Instead ated. $500 million from last year. These are the bill contains only $750 million. I Madam Chairman, I reserve the bal- very deep holes to fill. wish this bill did not contain the Presi- ance of my time. Let me switch to a positive note by dent’s proposal to eliminate funding Mr. TAYLOR of North Carolina. praising the decision by the adminis- for the Land and Water Conservation Madam Chairman, I yield 2 minutes to tration and the chairman to fully fund Fund Stateside grants program. the gentleman from Pennsylvania (Mr. uncontrollable costs such as pay I also disagree with the decision to SHERWOOD). COLAs and rent. provide no money for land acquisition Mr. SHERWOOD. Madam Chairman, Now, this may sound like just a mat- within the Land and Water Conserva- the bill before us today is one that re- ter of fact, but it makes all of the dif- tion Fund, but I do sympathize that quired many tough choices. It required ference in the world in our national those decisions were tough due to the fiscal discipline. It also required the parks on whether they can operate situation our allocation has caused. committee to meet the environmental, properly. Over the last few years the Core programs, such as agency oper- land management, cultural, science, administration has been proposing un- ations, must come before grant pro- resource and recreation needs of the realistically low funding levels to pay grams such as these. Nation in a responsible manner; tough for these uncontrollable costs. This Even though the awful fiscal situa- choices were required and I believe the year the budget did include the funding tion we are faced with is the direct right and most reasonable choices were to meet these costs, and I applaud the cause of these decisions, I do hope that made. chairman for including them in the we can better meet the obligations of The bill helps meet our fiscal respon- bill, and I hope that the administration the Lands Legacy agreement when we sibilities by cutting $800 million in dis- will continue to propose full coverage ultimately finish the 2006 Interior and cretionary spending from the fiscal of uncontrollable costs in future budg- Environment bill. year 2005 level, but it also allows us et submittals. It is gratifying to note that we seem enough money that our Nation’s prior- I also want to express my gratitude to have come to a consensus on funding ities can be carried out by the diverse to the gentleman from North Carolina on the NEA and the NEH, in that this departments and agencies funded in the (Chairman TAYLOR) for the continued bill provides level funding compared to bill. effort to increase funding for the oper- this year. I again will be joining with There are many competing interests ation of our national parks. I think we what I predict will be a majority of my in this bill that had to be balanced and have a great team to make sure that colleagues in support of an amendment addressed in a tight allocation. We may the national parks, certainly the most to increase both of these endowments. hear some Members lament that great- beloved of our Federal public lands, re- Last year the Interior Subcommittee er funding was not provided for a par- ceive enough money to provide our made a wise decision to be better pre- ticular program, but I believe that constituents the visit they expect and pared for the cost of firefighting. We Members would be hard pressed to deserve. provided $500 million for both fiscal name another program that should be The $30 million the gentleman from year 2004 and 2005 in emergency fund- cut so the one they favor can be in- North Carolina (Chairman TAYLOR) has ing to prevent the painful borrowing creased. One thing is certain, the gen- added to the $22 million increase con- from other Interior and Forest Service tleman from North Carolina (Chairman tained in the budget will mean a sec- programs that has occurred in past TAYLOR) made a special effort to in- ond consecutive year of very healthy years when more fires than were exclude both parties in the drafting of

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3604 CONGRESSIONAL RECORD — HOUSE May 19, 2005 the bill and conducted a fair and im- The damage done by this bill cannot Mr. ISTOOK. Madam Chairman, I partial hearing process. be fully understood unless we take a thank the chairman for yielding time. The bill places priorities in the areas look at it in a broader context. This is I very much appreciate his service on where they need to be. Increases were a great and growing country. When I the bill that he has produced, and I provided for wildland firefighting, the came to this Congress, there were 203 support this bill, and I appreciate his operations of the National Parks and million people in this country. Today, efforts and the efforts of the gentleman National Forest Systems, Superfund there are 282 million. That is a 34 per- from Washington (Mr. DICKS), the hazardous waste cleanup program, en- cent increase. We are going to have an- ranking member, and the staff on the vironmental science and technology, other 26 million increase between now committee. and Indian health and education. and 2010. However, there is a part of this bill The bill contains necessary initia- When I came, there were 108 million that the country needs to be aware tives in forest health, in backlog main- cars in America. Today, there are 231 about. All across America we are con- tenance in the national parks, Ever- million cars. That means more pollu- fronted with skyrocketing energy glades restoration, and the national tion. It means more congestion. It prices, whether at the gasoline pump or fire plan. This is a bill that makes means more pressure on our national our utilities at home or the manufac- tough but right choices and puts prior- parks. It means more pressure on the turing sector or the feedstock to ities where they should be. part of real estate developers. It means produce fertilizer (which, therefore, af- This bill is as good as it can be given more pressure on our sewer and water fects agriculture). the budget restrictions. It deserves our programs. What is the connection between that support and I urge its passage. In the face of that new pressure, what and this bill? This bill has language in Mr. DICKS. Madam Chairman, I yield are we getting out of this bill? We are it that perpetuates more than 30 years 5 minutes to the gentleman from Wis- getting a 34 percent reduction in the of misguided policy. It has provisions consin (Mr. OBEY), the distinguished funding for the main bill that will help that continue a ban on drilling in most ranking Democratic member of the full us to clean up our sewer and water of the outercontinental shelf, offshore Appropriations Committee, who has problem. I think that is an incredibly drilling that could be occurring in the played a very constructive role, along myopic decision. United States of America. And 60 per- with the gentleman from California In the teeth of all of that pressure, cent of America’s oil reserves are in (Chairman LEWIS), in trying to help us we are crippling EPA. that outercontinental shelf. Forty per- move this bill forward today. We talk about how happy we are to Mr. OBEY. Madam Chairman, I cent of our natural gas reserves are in see a slight increase in the national thank the gentleman for yielding me that outercontinental shelf. Yet, for parks budget; but in fact, there are this time. more than 30 years this Congress, each Let me simply say that I think the still 720 positions in the National Park year, has perpetuated a ban on drilling chairman has produced a fair process. Service that continue to remain un- in most of those areas. He has treated the minority fairly and funded. We have 200 of the 544 wildlife What is the consequence of that? It is I very much appreciate that, but I be- refuges that have no staff whatsoever. the high prices. The consequence is the In the teeth of all that expanded lieve the bill fails this country in many high prices we are experiencing. The pressure, what do we get? Despite this fundamental ways, and that failure is a result is that each year America is bill, we still have a $5 billion backlog direct result of the Republican budget spending $179 billion to buy foreign oil in maintenance for the Park Service, a resolution which requires this com- and bring it to the United States of $13 billion backlog for our national for- mittee to cut $11.7 billion below the America. Rounded off, it is $180 billion, ests. amount needed to maintain current that we could be using to produce en- I would like to see, for instance, this services for domestic discretionary ergy safely, in an environmentally bill enable us to buy precious land at programs. friendly and clean fashion here in the As the gentleman from Texas (Mr. Pope’s Creek on the property where United States. But because of language George Washington was born before a DELAY), the majority leader, said 2 that this Congress has put into this bill weeks ago, ‘‘This is the budget that the real estate developer can grab it and for over 30 years, we are not doing that. American people voted for when they turn it into condos; but we are not Right now, almost 60 percent of the returned a Republican House, a Repub- going to be able to do that because this oil and gas that we consume in the lican Senate and a Republican White bill, for the first time in the 36 years I United States is imported. We need to House last November.’’ I think that is have been a Member of this House, fix that. We will have several amend- true. This is exactly what it means. zero-funds land acquisition programs ments to address this that are offered The Republicans in this House voted at both the State and the Federal level. on this bill. by a vote of 218 to 212 to adopt that We ought not to do that. We will probably hear from people budget resolution. Not one single Dem- For two generations, we have had a saying, oh, my goodness, we cannot do ocrat voted for that budget resolution, bipartisan consensus behind certain that; we have got to protect the envi- because we recognized the damage that minimal actions in the environmental ronment. But we can do it by pro- would be done by it. Now, we are told area, especially in the area of clean tecting the environment. by Members of the majority side we water. This bill unravels that con- The offshore drilling that does occur have limited resources. We absolutely sensus because it means we can talk a right now in the United States pro- agree with that. good game in terms of cleaning up our duces a fourth of the oil and gas that That is why this House should never water and our air, but we are not going we have in the U.S. What is their envi- have voted to eliminate all taxes on es- to put our dollars where our mouth is. ronmental record? The amount of oil tates of over $7 million. It should never So I think, as the gentleman from that is spilled is 1⁄1,000 of 1 percent. That have voted to give persons who make Texas (Mr. DELAY) says, ‘‘This is the is all—because we have made so many more than a million dollars $140,000 tax budget that the American people voted advances in environmentally friendly cuts next year and do it all with bor- for when they returned a Republican methods to handle this drilling. That rowed money because the result of that House, a Republican Senate, and a Re- means we are using methods that are vote has been a $400 million cut in EPA publican White House last November.’’ 99.999 percent safe and friendly to the programs to improve the quality of our If you are satisfied with the results of environment. air and our water. this bill today, vote for it. I intend to We need to revisit those provisions vote against it. I think it is a disaster that limit offshore drilling, and I hope b 1230 for the environmental consensus that we will do that today. The result has been a 40 percent cut we have built up with such hard work Mr. DICKS. Madam Chairman, I yield in the clean water revolving fund. We for so long. 3 minutes to the gentleman from Or- have $388 billion worth of needs at the Mr. TAYLOR of North Carolina. egon (Mr. BLUMENAUER), a good sup- community level to fix sewer and water Madam Chairman, I yield 3 minutes to porter of this bill. systems; and yet this program is cut by the gentleman from Oklahoma (Mr. Mr. BLUMENAUER. Madam Chair- 40 percent in this bill. ISTOOK). man, I appreciate the gentleman’s

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3605 courtesy in permitting me to speak on In periods of extreme wet weather, able energy export center, as well as a behalf of this bill. blending will still often be necessary. consumer of energy. The congressional consideration of It is legal under the current law, and it I have watched this policy here in the the Interior appropriations bill should is not going to be changed with the United States, and we tend to take be one of the highlights of this congres- amendment that will be offered. The sides a little bit. That taking sides sional session, as it touches on things anti-sewage dumping amendment falls into a few categories: energy con- that are near and dear to people’s would not change these existing blend- sumers who want all the energy they hearts: clean water, vast open spaces, ing standards, but they will prevent can get, as cheap as they can get it; environmental protection, even oppor- the EPA from lowering them to au- and environmentalist interests that tunities to invest in the arts. thorize routine sewage dumping. want to be able to preserve the pristine Sadly, what should be a positive ex- Now is not the time to move back- areas of America at whatever cost to pression of our values, our hopes, and wards. Water bodies around the coun- the economy. our opportunities is instead in this bill try are impaired. We need to make sure I would take the stand that natural a pattern of broken promises to our that we are not making it harder to ul- gas in this country, for example, we communities and to ourselves. Unfor- timately meet these water quality have a huge domestic supply of natural tunately, the bill represents lost oppor- standards. gas in the North American Continent tunities and is a symbol of the inabil- I urge joining me in supporting the underneath nonnational park public ity of this Congress and this adminis- amendment and working with the lands. We have a tremendous supply of tration to match our priorities with members of this committee to try to natural gas offshore in the Outer Con- those of our constituents and, most im- craft this bill in a way that meets the tinental Shelf, Gulf of Mexico, and a portantly, with the future of this coun- needs of America’s communities. lot of that is, as we stand here, off lim- try. Mr. TAYLOR of North Carolina. its to producers. That has driven up the I agree that the dramatic under- Madam Chairman, I yield myself such cost of natural gas in my district and funding in terms of the budget alloca- time as I may consume. all across this country and put an addition put the chairman and the ranking Before I recognize the next speaker, I tional price on virtually everything member and the staff in a hole to begin want to point out that it is not, as I am that we sell and purchase. with, and my heart goes out to them; hearing, that we are obliterating the So, Madam Chairman, I appreciate but there is no reason that we, as a clean water State revolving fund or the the opportunity to address this House Congress, cannot use the billions of arts funds. We are funding the arts and and the opportunity also to have some dollars that are set aside in a trust humanities $259 million, the same as time yielded to me for this important fund for the Land and Water Conserva- the 2005 year. We are funding the State subject matter. tion Fund that have not been tapped as revolving fund $850 million, the same Mr. DICKS. Madam Chairman, I yield these resources are set aside expressly as we did in 2005. 21⁄2 minutes to the distinguished gen- for this purpose of land conservation. Unfortunately, with the costs and the tleman from West Virginia (Mr. RA- In the year 2000, as the gentleman deficit we have now, we cannot con- HALL), the ranking member of the Com- from Washington (Mr. DICKS), my tinue to put more and more in. We are mittee on Resources. friend, mentioned, he was integral to trying to do the best we can by consist- b 1245 fashioning an important compromise ently funding our needs in this area. that gave flexibility to the Committee Madam Chairman, I yield 1 minute to (Mr. RAHALL asked and was given on Appropriations. We in Congress the gentleman from Iowa (Mr. KING). permission to revise and extend his re- made a commitment to the public and Mr. KING of Iowa. Madam Chairman, marks.) an agreement amongst ourselves to I thank the chairman for yielding this Mr. RAHALL. Madam Chairman, I fund this responsibility. It was sometime to have an opportunity to address thank the distinguished ranking mem- thing that then-Governor Bush sounded an issue that is so important to this ber of the subcommittee for yielding as one of his pledges when he was run- country, and that issue is the energy me this time. ning for the White House. The promises that drives this economy. Madam Chairman, we all recognize of candidate Bush, President Bush and We all know that everything that we that the Committee on Appropriations of Congress to our constituents and to purchase in this country has got an en- must work within the constraints of a ourselves is broken again by this budg- ergy cost component in it; and so when budget that is completely inadequate et. we address the energy issues, we know to meet the Nation’s needs. I acknowl- Now, there are specific proposals to that when we can provide more supply edge that. But the fiscal year 2006 Inte- try and make an inadequate bill better. of energy, whether it comes from some- rior and Environment appropriation I will support and speak out strongly place else on the globe, whether it bill also reflects the kinds of choices in support of working to stop the dilut- comes from the northern hemisphere, made in recent years by this adminis- ing of our commitment to clean water whether it comes from the United tration and the majority in Congress, with an amendment to stop the admin- States, whether it is renewable energy which made this clash of growing needs istration’s efforts to weaken water or whether it is a consumable energy, and shrinking budgets unavoidable. quality protections, putting more sew- that is at least in theory not renewed, The effect is that the Department of age into our rivers and streams and all of those things add to the overall the Interior and our other departments drinking water. size of the energy pie. and agencies are being put on a crazy As a former commissioner of public It is our responsibility here in this fad diet that is harmful to the health works, I was responsible for the admin- Congress to be able to expand the size of the Nation. I am troubled, for exam- istration of sewage and water resource of that pie so we have more energy ple, by the continued underfunding of programs. I am not insensitive to the available to the consumers; and we maintenance needs to our national needs of many communities to occa- know that due to the law of supply and parks. The committee has seen fit to sionally blend water not completely demand, the more supply there is, of provide $20 million over the President’s treated. I recognize the need to do that course the less relative demand there request for operations, an increase I in extreme weather events, an impor- will be. The relative costs of energy support, but our national parks should tant tool for communities; but it is not will either be slowed in their increase be safe places, where parents and chil- something that we should be doing rou- or actually diminished in some cases, dren can roam and relax, where they tinely. We should instead be reducing and we can see reductions in the price can picnic and hike and raft. Instead, our use of this tool wherever possible of energy. our parks are falling apart, and against rather than increasing it. It is critical to me, in the part of the a huge backlog of maintenance needs, The EPA rule weakening the current State I come from. We are very vulner- this bill cuts funds for park construc- policy would actually penalize commu- able to energy. We use gas and diesel tion projects, a critical component of nities like mine and yours around the fuel for the production of agriculture, our park maintenance efforts. country that have worked to upgrade for example, and we also produce eth- Forest Service programs that help to and improve their systems. anol and biodiesel. So we are a renew- promote safety and job creation in

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3606 CONGRESSIONAL RECORD — HOUSE May 19, 2005 rural America are also underfunded in to balance our budget and move to- Mr. STARK. Madam Chairman, I rise today this bill. Economic action programs, wards a balanced budget, where every in opposition to H.R. 2361. This legislation is which enable rural communities and trade-off between immunizations and irresponsible. It under-funds programs to pre- businesses to become more economi- Medicaid and whether we support our serve open space. It endangers public health. cally self-sufficient through the use of troops and veterans benefits and all And, it abdicates our responsibility to protect forest resources were zeroed out. this, it is important to remember the the environment for future generations. The situation here goes well beyond legacy of America’s national parks, In this time of increased growth and urban trimming fat. We can talk all we want America’s gifts to the world, and I ap- sprawl, our green spaces are more precious about the need for a lean government, preciate it very much in this overall then ever. Instead, this bill eliminates funding but this is not belt tightening, as some important bill that they have increased for the Land and Water Conservation Fund, would suggest. This is more like being the funding for the national parks. designed to help local communities preserve shoved into Scarlet O’Hara’s corset. Mr. UDALL of Colorado. Madam Chairman, open space, protect wildlife and make recre- The President eliminated statewide I have come to the reluctant conclusion that ation opportunities available in urban areas. funding for the Land and Water Con- this bill does not deserve approval, and so I In addition, this bill cuts funding for the envi- servation Fund in his budget. Those will not vote for it. ronmental enforcement activities of the EPA monies are indispensable to States This is not a criticism of Chairman TAYLOR, by $12 million. Republicans have consistently across the Nation that rely on those Congressman DICKS, and the other members sought to weaken environmental standards matching monies for their parks and of the Appropriations Committee who had the and this maneuver is the latest in a series of recreation budgets. But while the unenviable task of developing the bill. The attempts to undermine what have been suc- President may have conducted a budget authority allocated to the Interior and cessful environmental protections and the be- tummy tuck, this bill calls for some- Environment Subcommittee fell far short of the hest of big business. Big business should thing close to an amputation. Even the amount needed to adequately fund the agen- never be allowed a free pass to destroy the Federal share is axed. cies and activities within their jurisdiction. That environment while endangering the health of I am especially troubled by the flat in turn was the result of the unrealistic and in- millions of Americans who will be exposed to lining of the appropriation from the adequate budget resolution that the Repub- dirtier air and water. Abandoned Mine Reclamation Fund. lican leadership pushed through the Congress I won’t vote for this indefensible legislation There continues to exist a large inven- earlier this year. But while the shortcomings of that only serves to harm the environment and tory of high priority human health and the bill are understandable, they are nonethe- put Americans’ health at risk. We have a re- safety threatening sites in our Nation’s less so serious that I cannot vote for it. sponsibility to protect our citizens and our en- coalfields. The unspent balance in the Among the worst are its severe reductions vironment and this legislation blatantly takes fund is approaching $2 billion, yet this in funding for the Environmental Protection us in the opposite direction. I urge my col- money from a fee assessed on the coal Agency. It cuts EPA’s Clean Water State Re- leagues to vote ‘‘no.’’ industry is not being adequately de- volving Fund by $242 million below the 2005 Mr. FILNER. Madam Chairman, unfortu- ployed to combat these threats to coal- funding level. This will mean that many com- nately I did not get a chance to offer an field citizens and their communities. munities in Colorado and elsewhere will be amendment with Mr. REYES to provide an ad- Madam Chairman, this bill is not a adversely affected as projects that have al- ditional $10 million for a critical program in the case of an overweight agency being ready been approved by State water authori- Interior-EPA Appropriations bill. The funds squeezed into a slimmer, trimmer ties for future funding probably will be re- would have been used for ‘‘architectural, engi- budget. This is a case of a starving jected, scaled back, or substantially delayed. neering, planning, design, construction and re- agency trying to survive on the crumbs The wrong-headedness of this is clear when lated activities in connection with the construc- of a fiscal mess. I regret that I cannot we recall that just two years ago EPA Admin- tion of high priority water and wastewater fa- support this bill. istrator Whitman issued a formal report, enti- cilities in the area of the United States-Mexico Mr. TAYLOR of North Carolina. tled the ‘‘Water Gap Analysis,’’ which esti- Border, after consultation with the appropriate Madam Chairman, I yield 1 minute to mated the twenty-year fiscal shortfall between border commission.’’ the gentleman from Indiana (Mr. what we are currently spending and what is This is the section of the EPA’s State and SOUDER). required at $388 billion. Tribal Assistance Grants program that funds (Mr. SOUDER asked and was given Further, the bill includes cuts beyond those the Border Environment Infrastructure Fund permission to revise and extend his re- required by the budget resolution. Perhaps the (BEIF). The amendment would have trans- marks.) most notable is the reduction of $190 million ferred the $10 million out of the U.S. Geologi- Mr. SOUDER. Madam Chairman, of Land and Water Conservation Act funding, cal Survey’s (USGS) $974.5 million appropria- there are many important parts of this including funding for all new Federal land action. The USGS appropriation in this bill is cur- bill, but I want to speak briefly to the quisitions as well as all assistance to States. rently $39 million more than the FY2005 ap- House about our love for the national This, too, is something that I cannot support. propriation, and $41 million more than the parks. We have about a $600 million In Colorado and across the county there is president’s request. The border program, on backlog, and it is overwhelming to try a need for wise reinvestments of the funds the other hand, has been flat-funded at $50 to address this in an appropriation bill coming into the treasury from oil and gas de- million for several years. where money is so tight. velopment on the Outer Continental Shelf and The record should reflect that we did not in- We have a bill called the National elsewhere. The wise principle of the Land and tend for the USGS’s National Water-Quality Parks Centennial Act that tries to ad- Water Conservation Fund Act is that these Assessment (NAWQA) Program to be im- dress this. Senators MCCAIN, FEIN- short-term gains should be used to provide pacted by the reduction in USGS’s appropria- STEIN, and ALEXANDER are leading the long-term assets for the American people. tion. NAWQA carries out very important work fight in the Senate and the gentleman This bill turns its back on that principle. collecting and analyzing data and information from Washington (Mr. BAIRD), myself, Of course, there are some good things in in more than 50 major river basins and as well as key appropriators such as this bill. I am particularly glad that because of aquifers across the Nation in order to develop the gentleman from Virginia (Mr. the adoption of an amendment I sponsored long-term information on streams, ground WOLF), the gentleman from Ohio (Mr. along with Mrs. CUBIN, Mr. RAHALL, and Mr. water, and aquatic ecosystems in support of REGULA), the gentleman from Illinois CANNON it includes $242 million for the pay- sound management and policy decisions. This (Mr. LAHOOD), and others here in the ments in lieu of taxes—or PILT—program that critical program would have been shielded House. But what is before us today is is so important to local governments in Colo- from the $10 million cut in USGS appropria- actually very important, because even rado and across the country. This is only tions. in a time of tight budgets the Com- about 80 percent of the amount authorized for In Imperial County, California, the New mittee on Appropriations has seen fit PILT, but it is a great improvement over the River carries raw sewage from Mexico through to raise the President’s request on na- amount proposed by the administration— the town of Calexico, and air pollution from tional parks by $70 million over last which sought a cut of $26 million below last Mexicali contributes to the worst childhood year’s funding, and $20 million above year’s level. asthma rates in the state. A modest increase the President’s approval. Nonetheless, overall, the bill falls woefully in funding for the BEIF would begin to improve At a time when we are fighting on so short of what is needed and I do not think it the situation. The BEIF, which was established many different fronts to figure out how deserves to pass. by the North American Development Bank to

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3607 administer grant resources provided by the provements in Brawley, California; a waste- Mr. NUSSLE. Madam Chairman, I rise to EPA, helps finance the construction of water water project in Nogales, Arizona; a solid speak on the appropriations bill for the Depart- and wastewater projects in the U.S.-Mexico waste project in Don˜a Ana County, New Mex- ment of the Interior, Environment, and Related border region. ico; and a water conservation project in Agencies. This measure is part of the first The objective of the BEIF is to make envi- Brownsville, Texas. wave of appropriations bills to be considered ronmental infrastructure projects affordable for Supporters of this amendment include the under the fiscal year 2006 budget resolution, communities throughout the U.S.-Mexico bor- Border Trade Alliance, the Border Counties and provides for the resource management der region by combining grant funds with Coalition, Clean Water Action, National Coun- needs for our Nation, clearly a national pri- loans or other forms of financing. It is de- cil of La Raza and others. ority. The bill, which is in compliance with H. signed to reduce project debt to a manageable I will continue fighting to increase appropria- Con. Res. 95, the concurrent resolution on the level in cases where users would otherwise tions for the Border Environment Infrastructure budget, provides appropriations for most of the face undue financial hardship. fund and protect communities in the border re- Department of the Interior, the Environmental We have seen what BEIF can accomplish gion. Protection Agency, the Forest Service, the In- when it has adequate funding. BEIF grants Mr. FARR. Madam Chairman, I rise in dian Health Service, the Smithsonian Institu- have played an important role in the success- strong opposition to both the Peterson Amend- tion, and the National Foundation for the Arts ful construction of water conservation projects ment and the Istook Amendment. If passed, and Humanities, among others. in the Cameron Irrigation District in Texas; a these amendments will trample on a long- INTERIOR, ENVIRONMENT, AND RELATED AGENCIES wastewater project in Heber, California; a standing bipartisan moratorium on offshore oil For the first time, the House Appropriations wastewater collection and treatment project in and gas development that was initiated by subcommittee on Interior, Environment, and Patagonia, Arizona; and a sewer system and former President Bush, continued under Presi- Related Agencies marked up a bill with their wastewater treatment plant in the Salem and dent Clinton, and endorsed in President new jurisdiction, reflecting additional responsi- Ogaz communities in New Mexico. Bush’s FY 2006 budget. Given this legacy of bility for all discretionary programs under the All projects supported by the BEIF must strong bipartisan support, I am simply amazed Environmental Protection Agency and losing have a health and/or ecological benefit in that the OCS moratorium is under such as- some Energy Department programs previously communities on the U.S. side of the border. sault. under their jurisdiction. H.R. 2361 provides All projects must also be certified in a rigorous However, this is exactly what we face today $26.1 billion in appropriations for fiscal year vetting process undertaken by the Border En- with these amendments. Mr. Peterson’s 2006, which is $653 million, or 2.2 percent, vironment Cooperation Commission. amendment strikes liquefied natural gas (LNG) below the fiscal year 2005 level. The level is There is strong support for increasing BEIF from the moratorium while Mr. ISTOOK’s $432 million over the President’s request. The funding. The bipartisan Border Governors’ joint amendment calls for the entire moratorium in bill complies with section 302(f) of the Budget declaration last year called for a ‘‘substantial the Eastern Gulf of Mexico, on both oil and Act, which prohibits consideration of bills in increase’’ in funding for the program. gas, to vanish—poof—when the United States excess of an Appropriations subcommittee’s While many important programs in the Inte- meets an arbitrary percentage of crude oil im- 302(b) allocation of budget authority and out- rior-EPA Appropriations bill have been short- ports, 66.7 percent. lays established in the budget resolution. changed, the lack of funding for BEIF is par- Every year since 1982, Congress has in- This measure, like government spending on ticularly troubling. The border region is in des- cluded language in the Interior and Environ- the whole, has been drawn up under a tighter- perate need of assistance. Communities in the ment Appropriations bill to prevent the Depart- than-normal budget constraint. However, this border region struggle with some of the high- ment of Interior from using funds for leasing, does not mean that needed services are cut in est poverty rates in the Nation as well as air pre-leasing, and related activities in sensitive a meaningful way. Two examples from the bill and water pollution—often originating in north- coastal waters. Mr. Speaker, some might won- are useful in illustrating this point, one in fire- ern Mexico—that contributes to severe public der why so many coastal areas stand firmly fighting through the Forest Service and the health problems. The region lacks basic infra- behind the OCS moratorium. I answer with Department of the Interior, and the other in structure, such as water and sewer service, tourism, tourism, and more tourism. Tourism is water programs for the EPA. that most of the rest of the country takes for not just a major industry for coastal states or Regarding firefighting, I would point out that granted. a mere staple of their coastal economies. It is, the base we are using for comparison, had The neglect of these largely low-income and along with recreation, the fastest growing sec- higher-than-normal spending due to a one- Hispanic communities, along with the dirty air tor of the ocean economy according to the time appropriation of $500 million to be used and water they are forced to endure, represent President’s own U.S. Commission on Ocean as insurance in case regular fire fighting ap- a grave environmental injustice. According to Policy’s Final Report. The money spent by propriations become exhausted. Excluding this the U.S.-Mexico Border Health Commission, tourists pay the bills and put food on the table one-time appropriation means that the meas- the border region includes three of the ten for the people living in these communities. Off- ure before us is $153 million less than the poorest counties in the United States and shore oil and gas drilling directly threatens this 2005 level rather that $653 million less than twenty-one counties that have been des- economic engine and the people of these 2005. Moreover, some of this one-time money ignated as economically distressed areas. communities know it. is still available, and will remain available for The Commission also reports that approxi- By removing LNG from the moratorium, Mr. obligation next fiscal year too for its intended mately 432,000 people live in 1,200 colonias PETERSON’s amendment ignores the many use if regular funding becomes exhausted. in Texas and New Mexico, which are unincor- concerns being raised about all phases of the In the water program area, the committee porated, semi-rural communities that are char- LNG process—from exploration all the way to looked for ways to secure funding for EPA’s acterized by substandard housing and unsafe arrival at our ports. These concerns must be Clean Water Program, a program mentioned public drinking water or wastewater systems. If considered with more than a few minutes of even during our own budget resolution pro- the border region were made the 51st state in discussion. ceedings. I understand that GAO found over the Union, it would rank last in access to As for Mr. ISTOOK’s amendment, we had an $100 million in expired EPA grants, contracts, health care; second in death rates due to hep- opportunity one month ago with H.R. 6 to set and inter-agency agreements, and that the bill atitis; last in per capita income; and first in the a strong and visionary national energy policy rescinds this money in order to fund an in- numbers of school children living in poverty, to reduce our dependence on imported oil, crease in the level of Clean Water Program according to the Commission and yet we did not take advantage of that op- funding to $850 million from the President’s The Good Neighbor Environmental Board, portunity. And so today, his amendment at- request of $730 million. While it maybe the an independent U.S. Presidential advisory tempts to make coastal communities pay for case that the $100 million found in these ac- committee that operates under the Federal that lack of vision. counts, some dating back to the 1980s, would Advisory Committee Act, recommends restor- Madam Chairman, I cannot accept these never have been actually been spent, the saving BEIF to its mid-1990s funding level of amendments because they are short-sighted ings constitute legitimate efforts under the $100 million dollars. and fail to uphold decades of bipartisan agree- Budget Act. I also note that because this ac- There are currently 105 certified clean water ment on protecting our coastlines from oil and count carries hundreds of millions of dollars in projects in the pipeline waiting for funding. Ex- gas drilling. At their core, they fail to honor our unobligated balances from year to year, the amples of the many certified projects that communities and our environment. In conclu- impact from budget reductions relative to the could be carried out in disadvantaged commu- sion, Madam Chairman, the Peterson and current fiscal year are not likely to result in re- nities if the BEIF had an appropriate funding Istook Amendments should be defeated and I ductions in community investments next fiscal level include: Water/wastewater systems im- urge a ‘‘no’’ vote on both of them. year.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3608 CONGRESSIONAL RECORD — HOUSE May 19, 2005 H.R. 2361 does not contain any emergency- funding during conference negotiations on this age system upgrades across the country. We designated BA, which is exempt from budget legislation. in Maryland know how incredibly important this limits. The bill reduces a National Park Service Mr. HOLT. Madam Chairman, I rise to ex- money is to protect the health of our people. contract authority account by $30 million—an press my disappointment with the Interior Ap- Fifty million gallons of waste will spew from account not subject to annual appropriations— propriations bill that we are considering today. Baltimore’s crumbling sewers in May. Nitrogen thereby offsetting discretionary spending I am concerned with the lack of funding for pollution is the most significant environmental through changes in a mandatory spending many important programs, and am particularly hazard facing the Chesapeake Bay. The so- program. If this provision were stricken (be- concerned with the Appropriation Committee’s called ‘‘dead zones’’ in the Chesapeake Bay cause it constitutes legislating on an appro- decision to zero out funding for a federal pro- and its tributaries (in which there is too little priations bill) the measure as reported would gram that is important to my state and the na- oxygen to support a healthy ecosystem) are a exceed its allocation under section 302(b) of tion—the Land and Water Conservation Fund. direct result of nutrient pollution, principally ni- the Congressional Budget Act. The Land and Water Conservation Fund trogen. In July of 2003, data from the EPA’s As we enter the appropriations season, I has been instrumental in assisting local and Chesapeake Bay Program shows one of the wish Chairman LEWIS and our colleagues on state government’s preserve such vital open largest areas of oxygen-depleted water seen the Appropriations Committee the best in spaces is the Land and Water Conservation since the program began monitoring 20 years maintaining their admirable pace of bringing Fund (LWCF). This program was established ago. bills to the floor. in 1965 to address rapid overdevelopment by The Clean Water Act requires the Environ- In conclusion, I express my support for H.R. increasing the number of high quality recre- mental Protection Agency to issue permits for 2361. ation areas and facilities and by increasing the all sewage treatment plants that will protect Mr. GENE GREEN of Texas. Madam Chair- local involvement in land preservation. To water quality in the Chesapeake Bay and its man, today are considering the Interior Appro- achieve this goal, the fund was separated into tributaries, yet the EPA routinely fails to in- priations Bill, which provides Federal funding two components, one portion of the fund clude restrictions on nitrogen pollution in these for our national parks, as well as the Environ- serves an account from which the federal gov- permits. The EPA has not updated the stand- mental Protection Agency. I agree with the as- ernment draws from to acquire land and the ards on nitrogen pollution in almost 20 years. sessment of our ranking member, Mr. OBEY, other portion is distributed to states in a We need to commit more money—not that this subcommittee has done good work matching grant program. less—to enforce the Clean Water Act. No issue united the people of Maryland and with a difficult allocation. I would have pre- New Jersey has been active in seeking our region as well as the effort to ‘‘Save the ferred more resources devoted to important grants from this program and has received Bay.’’ Rather than fulfill the obligations of the environmental, land management, and land funds from the LWCF that were used to pre- federal government to serve these people and conservation programs. serve treasures such as the Pinelands Na- protect the Bay, this bill reduces the federal As this bill moves forward, I hope to work tional Reserve and the Delaware National government’s commitment to enforcing the with the subcommittee to provide EPA funding Scenic River. In addition, LCWF has provided Clean Water Act. more that $111 million in state and local for a much-needed study on air toxics in east We have an obligation to ensure that our grants to build softball fields, rehabilitate play- Harris County, which lies in the district I rep- estuaries nationwide are there for future gen- grounds and to expand state parks. resent. The Houston Chronicle recently com- erations, and to do that we must restore fund- Unfortunately, in recent years funding for pleted a five-part series titled ‘‘In Harm’s Way’’ ing to enforce the Clean Water Act. that investigated air toxics in these ‘‘fence- the state side part of this program has been Ms. PELOSI. Madam Chairman, I rise to ex- line’’ communities near industrial facilities. insufficient. In fact, this program was zeroed press my deep concerns about the FY06 Inte- In particular, the series noted that the Texas out in the mid-1990s. In 1999, I joined Rep- rior and Environment Appropriations Bill. Commission on Environmental Quality found resentative MCGOVERN in restoring funding for This bill epitomizes the Republican plan; that folks residing in some of Houston’s East this program. Since then funding for the pro- hand out lavish tax breaks to the wealthy End neighborhoods experience higher levels gram has risen to 91 million in Fiscal Year while slashing crucial domestic programs. of potentially carcinogenic compounds than 2005, I am dismayed that the Interior Appro- In this bill, there are painful cuts to a wide other areas. priations bill for Fiscal Year 2006 has once range of valuable programs, from EPA en- For many years, residents have had con- again zeroed out funding for the state grant forcement to the Land and Water Conserva- cerns and questions about the quality of the portion of the program. I am fully aware that tion Fund. Among them all, the cuts in clean air in Houston’s East End, the potential rela- we are working under a tight budget and that water funding stand out as a prime example of tionship to local industry, and the potential many programs in this bill receive a significant what’s wrong with the Republican budget. health effects on families. reduction in funding, but I believe that it is un- Nothing is more essential to human health While it came to few conclusions about necessary and unwise to strip this program of than clean water. If we follow down the path health impacts of air toxics in Houston, the all funding. the Republicans are leading us, there will be Chronicle series raised an alarm and con- Urban and highly developed regions will suf- water, water everywhere, but not a drop of it firmed that there is a pressing need for a com- fer the most from the elimination of the LWCF to drink. prehensive Air Toxics Risk Assessment to state grant program. The LCWF matching More than three decades ago, Americans properly identify any adverse health effects grant program has proven to be a successful rose up in outrage, appalled by our filthy rivers and their possible relationship to local indus- way to overcome the high cost of living that and lakes. Congress responded to the clarion try. makes land acquisition and renewal projects call for clean water with the Federal Water With support from the EPA, the City of costly in these regions. Elimination of this pro- Pollution Control Act Amendments of 1972, Houston plans to utilize methods from the gram will leave local leaders without the finan- which evolved into the modern Clean Water EPA’s National Urban Toxics Program, which cial capital necessary to enhance the quality Act. has proven successful in other cities with air of life in their communities. The Clean Water Act set the goals of zero quality issues. Theodore Roosevelt once said, ‘‘The Nation discharge of pollutants, and achieving water The City of Houston, partnering with the behaves well if it treats the natural resources that is clean enough to be ‘‘fishable’’ and University of Texas School of Public Health, is as assets which it must turn over to the next ‘‘swimmable.’’ already working to characterize the science generation increased, and not impaired, in When upstream communities fail to clean up and weigh the evidence on health effects. value.’’ Although the citizens of New Jersey their sewage or prevent polluted runoff, down- Federal funding would broaden the scope of and this nation have demonstrated their enthu- stream communities pay the price. Beaches these efforts to ensure that we can include the siasm for this program, this bill fails to meet must be closed to protect swimmers from full range of risk assessment activities in our their commitment to our future. harmful bacteria and virus. Fish cannot be efforts to improve the air in Houston. Mr. CARDIN. Madam Chairman, I have eaten, and shellfish cannot be harvested. The folks in fence-line communities are some grave concerns about several provisions Water must be treated more thoroughly before often the workers who produce many of the of this bill. Among the most important con- it can become drinking water. essential energy and petrochemical products cerns to Marylanders is the fact that this bill We have made enormous progress since we all use everyday, and they deserve accu- cuts clean water funding by $241 million from the infamous day the Cuyahoga River caught rate information about their environment. last year’s appropriated level—bringing our fi- fire in 1969. For three decades, the federal I look forward to working with the EPA on nancial commitment to clean water down to government has been an essential partner, this effort and hope that the Appropriations 1989 funding levels. This money—in the Clean working with the states to pay for clean water Committee will see it fit to include this critical Water State Revolving Fund—pays for sew- infrastructure.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3609 The key federal program today is the Clean Interior, environment, and related agencies withstanding requirements of the Competi- Water State Revolving Fund, which provides for the fiscal year ending September 30, 2006, tion in Contracting Act, the Secretary, for funding for wastewater collection and treat- and for other purposes, namely: purposes of hazardous fuels reduction activities, may obtain maximum practicable comment, correction of combined sewer overflows, TITLE I—DEPARTMENT OF THE INTERIOR petition among: (1) local private, nonprofit, and control of storm water and non-point or cooperative entities; (2) Youth Conserva- BUREAU OF LAND MANAGEMENT source pollution. These funds also create tion Corps crews or related partnerships with MANAGEMENT OF LANDS AND RESOURCES good jobs for engineers, contractors, skilled la- State, local, or non-profit youth groups; (3) borers, and manufacturers. For necessary expenses for protection, use, small or micro-businesses; or (4) other enti- But our work is not done. About 45 percent improvement, development, disposal, cadas- ties that will hire or train locally a signifi- of water bodies in the U.S. that have been as- tral surveying, classification, acquisition of cant percentage, defined as 50 percent or easements and other interests in lands, and more, of the project workforce to complete sessed do not meet our water quality stand- performance of other functions, including ards. such contracts: Provided further, That in im- maintenance of facilities, as authorized by plementing this section, the Secretary shall Our wastewater infrastructure is aging, and law, in the management of lands and their develop written guidance to field units to en- our population is growing. The Environmental resources under the jurisdiction of the Bu- sure accountability and consistent applica- Protection Agency’s estimates funding needs reau of Land Management, including the tion of the authorities provided herein: Pro- range between $300 billion and $400 billion general administration of the Bureau, and vided further, That funds appropriated under over the next 20 years. assessment of mineral potential of public this head may be used to reimburse the This bill turns back the clock on clean water, lands pursuant to Public Law 96–487 (16 United States Fish and Wildlife Service and U.S.C. 3150(a)), $845,783,000, to remain avail- the National Marine Fisheries Service for slashing the Clean Water State Revolving able until expended, of which $1,000,000 is for Fund for the second year in a row. Cuts for the costs of carrying out their responsibil- high priority projects, to be carried out by ities under the Endangered Species Act of this program total $500 million in this two-year the Youth Conservation Corps; and of which 1973 (16 U.S.C. 1531 et seq.) to consult and period. $3,000,000 shall be available in fiscal year 2006 conference, as required by section 7 of such This is the wrong thing to do, and the public subject to a match by at least an equal Act, in connection with wildland fire man- agrees. A recent poll showed Americans want amount by the National Fish and Wildlife agement activities: Provided further, That clean water to be a national priority—67 per- Foundation for cost-shared projects sup- the Secretary of the Interior may use cent say they prefer spending for clean and porting conservation of Bureau lands; and wildland fire appropriations to enter into such funds shall be advanced to the Founda- non-competitive sole source leases of real safe water over tax cuts. tion as a lump sum grant without regard to Madam Chairman, I also wish to state my property with local governments, at or below when expenses are incurred. fair market value, to construct capitalized support for the Stupak amendment on sewage In addition, $32,696,000 is for Mining Law improvements for fire facilities on such blending. ‘‘Sewage blending’’ is a euphemism Administration program operations, includ- leased properties, including but not limited referring to the practice of allowing some sew- ing the cost of administering the mining to fire guard stations, retardant stations, age to bypass the secondary treatment phase, claim fee program; to remain available until and other initial attack and fire support fa- the phase in which toxic chemicals, viruses, expended, to be reduced by amounts col- cilities, and to make advance payments for lected by the Bureau and credited to this ap- parasites, and other pathogens are removed. any such lease or for construction activity propriation from annual mining claim fees associated with the lease: Provided further, The amendment would not block current so as to result in a final appropriation esti- practices needed to cope with heavy rains or That the Secretary of the Interior and the mated at not more than $845,783,000, and Secretary of Agriculture may authorize the snowmelt, but it would prevent EPA from ex- $2,000,000, to remain available until ex- transfer of funds appropriated for wildland panding the use of sewage blending. pended, from communication site rental fees fire management, in an aggregate amount Furthermore, I intend to support the An- established by the Bureau for the cost of ad- not to exceed $9,000,000, between the Depart- drews-Chabot amendment to stop wasteful ministering communication site activities. ments when such transfers would facilitate and destructive logging in the Tongass Na- WILDLAND FIRE MANAGEMENT and expedite jointly funded wildland fire tional Forest, and the Hastings amendment to (INCLUDING TRANSFER OF FUNDS) management programs and projects: Provided promote environmental justice. It is uncon- For necessary expenses for fire prepared- further, That funds provided for wildfire sup- scionable that minorities and low-income com- ness, suppression operations, fire science and pression shall be available for support of Federal emergency response actions. munities are subjected to worse water and air research, emergency rehabilitation, haz- pollution than other Americans. ardous fuels reduction, and rural fire assist- CONSTRUCTION ance by the Department of the Interior, Madam Chairman, clean water is precious For construction of buildings, recreation $761,564,000, to remain available until ex- facilities, roads, trails, and appurtenant fa- and must be treated as such. For the sake of pended, of which not to exceed $7,849,000 cilities, $11,476,000, to remain available until our children, and our grandchildren, let us take shall be for the renovation or construction of expended. care of this most basic of needs: clean water. fire facilities: Provided, That such funds are LAND ACQUISITION Mr. DICKS. Madam Chairman, I yield also available for repayment of advances to other appropriation accounts from which For expenses necessary to carry out sec- back the balance of my time. tions 205, 206, and 318(d) of Public Law 94–579, Mr. TAYLOR of North Carolina. funds were previously transferred for such purposes: Provided further, That persons including administrative expenses and acqui- Madam Chairman, I have no further re- sition of lands or waters, or interests there- quests for time, and I yield back the hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost in, $3,817,000, to be derived from the Land and balance of my time. from funds available from this appropria- Water Conservation Fund and to remain The Acting CHAIRMAN (Mrs. tion: Provided further, That notwithstanding available until expended. CAPITO). All time for general debate 42 U.S.C. 1856d, sums received by a bureau or OREGON AND CALIFORNIA GRANT LANDS has expired. office of the Department of the Interior for For expenses necessary for management, Pursuant to the rule, the bill shall be fire protection rendered pursuant to 42 protection, and development of resources and considered for amendment under the 5- U.S.C. 1856 et seq., protection of United for construction, operation, and mainte- minute rule. States property, may be credited to the ap- nance of access roads, reforestation, and During consideration of the bill for propriation from which funds were expended other improvements on the revested Oregon to provide that protection, and are available and California Railroad grant lands, on other amendment, the Chair may accord pri- without fiscal year limitation: Provided fur- Federal lands in the Oregon and California ority in recognition to a Member offer- ther, That using the amounts designated land-grant counties of Oregon, and on adja- ing an amendment that he has printed under this title of this Act, the Secretary of cent rights-of-way; and acquisition of lands in the designated place in the CONGRES- the Interior may enter into procurement or interests therein, including existing con- SIONAL RECORD. Those amendments contracts, grants, or cooperative agree- necting roads on or adjacent to such grant will be considered read. ments, for hazardous fuels reduction activi- lands; $110,070,000, to remain available until The Clerk will read. ties, and for training and monitoring associ- expended: Provided, That 25 percent of the The Clerk read as follows: ated with such hazardous fuels reduction ac- aggregate of all receipts during the current tivities, on Federal land, or on adjacent non- fiscal year from the revested Oregon and H.R. 2361 Federal land for activities that benefit re- California Railroad grant lands is hereby Be it enacted by the Senate and House of Rep- sources on Federal land: Provided further, made a charge against the Oregon and Cali- resentatives of the United States of America in That the costs of implementing any coopera- fornia land-grant fund and shall be trans- Congress assembled, tive agreement between the Federal Govern- ferred to the General Fund in the Treasury That the following sums are appropriated, ment and any non-Federal entity may be in accordance with the second paragraph of out of any money in the Treasury not other- shared, as mutually agreed on by the af- subsection (b) of title II of the Act of August wise appropriated, for the Department of the fected parties: Provided further, That not- 28, 1937 (50 Stat. 876).

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FOREST ECOSYSTEM HEALTH AND RECOVERY ADMINISTRATIVE PROVISIONS acquisition of land or waters, or interest FUND Appropriations for the Bureau of Land therein, in accordance with statutory au- (REVOLVING FUND, SPECIAL ACCOUNT) Management shall be available for purchase, thority applicable to the United States Fish erection, and dismantlement of temporary and Wildlife Service, $14,937,000 to be derived In addition to the purposes authorized in from the Land and Water Conservation Fund Public Law 102–381, funds made available in structures, and alteration and maintenance of necessary buildings and appurtenant fa- and to remain available until expended: Pro- the Forest Ecosystem Health and Recovery vided, That land and non-water interests ac- Fund can be used for the purpose of plan- cilities to which the United States has title; up to $100,000 for payments, at the discretion quired from willing sellers incidental to ning, preparing, implementing and moni- water rights acquired for the transfer and toring salvage timber sales and forest eco- of the Secretary, for information or evidence concerning violations of laws administered use at Lower Klamath and Tule Lake Na- system health and recovery activities, such tional Wildlife Refuges under this heading as release from competing vegetation and by the Bureau; miscellaneous and emergency expenses of enforcement activities author- shall be resold and the revenues therefrom density control treatments. The Federal shall be credited to this account and shall be share of receipts (defined as the portion of ized or approved by the Secretary and to be accounted for solely on her certificate, not available without further appropriation for salvage timber receipts not paid to the coun- the acquisition of water rights, including ac- ties under 43 U.S.C. 1181f and 43 U.S.C. 1181f– to exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, quisition of interests in lands incidental to 1 et seq., and Public Law 106–393) derived such water rights, for the two refuges: Pro- from treatments funded by this account under cooperative cost-sharing and partnership arrangements authorized by law, provided further, That none of the funds appro- shall be deposited into the Forest Ecosystem priated for specific land acquisition projects Health and Recovery Fund. cure printing services from cooperators in connection with jointly produced publica- can be used to pay for any administrative RANGE IMPROVEMENTS tions for which the cooperators share the overhead, planning or other management For rehabilitation, protection, and acquisi- cost of printing either in cash or in services, costs. tion of lands and interests therein, and im- and the Bureau determines the cooperator is LANDOWNER INCENTIVE PROGRAM provement of Federal rangelands pursuant to capable of meeting accepted quality stand- For expenses necessary to carry out the section 401 of the Federal Land Policy and ards. Land and Water Conservation Fund Act of Management Act of 1976 (43 U.S.C. 1701), not- UNITED STATES FISH AND WILDLIFE SERVICE 1965, as amended (16 U.S.C. 460l–4 through 11), withstanding any other Act, sums equal to 50 RESOURCE MANAGEMENT including administrative expenses, and for percent of all moneys received during the For necessary expenses of the United private conservation efforts to be carried out prior fiscal year under sections 3 and 15 of States Fish and Wildlife Service, as author- on private lands, $23,700,000, to be derived the Taylor Grazing Act (43 U.S.C. 315 et seq.) ized by law, and for scientific and economic from the Land and Water Conservation and the amount designated for range im- studies, maintenance of the herd of long- Fund, and to remain available until ex- provements from grazing fees and mineral horned cattle on the Wichita Mountains pended: Provided, That the amount provided leasing receipts from Bankhead-Jones lands Wildlife Refuge, general administration, and herein is for a Landowner Incentive Program transferred to the Department of the Inte- for the performance of other authorized func- established by the Secretary that provides rior pursuant to law, but not less than tions related to such resources by direct ex- matching, competitively awarded grants to $10,000,000, to remain available until expenditure, contracts, grants, cooperative States, the District of Columbia, federally pended: Provided, That not to exceed $600,000 agreements and reimbursable agreements recognized Indian tribes, Puerto Rico, Guam, shall be available for administrative ex- with public and private entities, the United States Virgin Islands, the North- penses. $1,005,225,000, to remain available until Sep- ern Mariana Islands, and American Samoa, SERVICE CHARGES, DEPOSITS, AND FORFEITURES tember 30, 2007, except as otherwise provided to establish or supplement existing land- For administrative expenses and other herein: Provided, That $2,000,000 is for high owner incentive programs that provide tech- costs related to processing application docu- priority projects, which shall be carried out nical and financial assistance, including ments and other authorizations for use and by the Youth Conservation Corps: Provided habitat protection and restoration, to pri- disposal of public lands and resources, for further, That not to exceed $18,130,000 shall vate landowners for the protection and man- costs of providing copies of official public be used for implementing subsections (a), (b), agement of habitat to benefit federally list- land documents, for monitoring construc- (c), and (e) of section 4 of the Endangered ed, proposed, candidate, or other at-risk spe- tion, operation, and termination of facilities Species Act, as amended, for species that are cies on private lands. in conjunction with use authorizations, and indigenous to the United States (except for PRIVATE STEWARDSHIP GRANTS for rehabilitation of damaged property, such processing petitions, developing and issuing For expenses necessary to carry out the amounts as may be collected under Public proposed and final regulations, and taking Land and Water Conservation Fund Act of Law 94–579, as amended, and Public Law 93– any other steps to implement actions de- 1965, as amended (16 U.S.C. 460l–4 through 11), 153, to remain available until expended: Pro- scribed in subsection (c)(2)(A), (c)(2)(B)(i), or including administrative expenses, and for vided, That, notwithstanding any provision (c)(2)(B)(ii)), of which not to exceed private conservation efforts to be carried out to the contrary of section 305(a) of Public $12,852,000 shall be used for any activity re- on private lands, $7,386,000, to be derived Law 94–579 (43 U.S.C. 1735(a)), any moneys garding the designation of critical habitat, from the Land and Water Conservation that have been or will be received pursuant pursuant to subsection (a)(3), excluding liti- Fund, and to remain available until ex- to that section, whether as a result of for- gation support, for species listed pursuant to pended: Provided, That the amount provided feiture, compromise, or settlement, if not subsection (a)(1) prior to October 1, 2005: Pro- herein is for the Private Stewardship Grants appropriate for refund pursuant to section vided further, That of the amount available Program established by the Secretary to pro- 305(c) of that Act (43 U.S.C. 1735(c)), shall be for law enforcement, up to $400,000, to re- vide grants and other assistance to individ- available and may be expended under the au- main available until expended, may, at the uals and groups engaged in private conserva- thority of this Act by the Secretary to im- discretion of the Secretary, be used for pay- tion efforts that benefit federally listed, pro- prove, protect, or rehabilitate any public ment for information, rewards, or evidence posed, candidate, or other at-risk species. lands administered through the Bureau of concerning violations of laws administered COOPERATIVE ENDANGERED SPECIES Land Management which have been damaged by the Service, and miscellaneous and emer- CONSERVATION FUND by the action of a resource developer, pur- gency expenses of enforcement activity, au- chaser, permittee, or any unauthorized per- thorized or approved by the Secretary and to For expenses necessary to carry out sec- son, without regard to whether all moneys be accounted for solely on her certificate: tion 6 of the Endangered Species Act of 1973 collected from each such action are used on Provided further, That of the amount pro- (16 U.S.C. 1531 et seq.), as amended, the exact lands damaged which led to the ac- vided for environmental contaminants, up to $84,400,000, of which $20,161,000 is to be de- tion: Provided further, That any such moneys $1,000,000 may remain available until ex- rived from the Cooperative Endangered Spe- that are in excess of amounts needed to re- pended for contaminant sample analyses. cies Conservation Fund and $64,239,000 is to be derived from the Land and Water Con- pair damage to the exact land for which CONSTRUCTION funds were collected may be used to repair servation Fund and to remain available until For construction, improvement, acquisi- expended. other damaged public lands. tion, or removal of buildings and other fa- NATIONAL WILDLIFE REFUGE FUND MISCELLANEOUS TRUST FUNDS cilities required in the conservation, man- For expenses necessary to implement the In addition to amounts authorized to be agement, investigation, protection, and uti- Act of October 17, 1978 (16 U.S.C. 715s), expended under existing laws, there is hereby lization of fishery and wildlife resources, and $14,414,000. appropriated such amounts as may be con- the acquisition of lands and interests there- tributed under section 307 of the Act of Octo- in; $41,206,000, to remain available until ex- NORTH AMERICAN WETLANDS CONSERVATION ber 21, 1976 (43 U.S.C. 1701), and such amounts pended. FUND as may be advanced for administrative costs, LAND ACQUISITION For expenses necessary to carry out the surveys, appraisals, and costs of making con- For expenses necessary to carry out the provisions of the North American Wetlands veyances of omitted lands under section Land and Water Conservation Fund Act of Conservation Act, Public Law 101–233, as 211(b) of that Act, to remain available until 1965, as amended (16 U.S.C. 460l-4 through 11), amended, $40,000,000 to remain available expended. including administrative expenses, and for until expended.

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NEOTROPICAL MIGRATORY BIRD CONSERVATION those species: Provided further, That no automated facility management software For financial assistance for projects to pro- State, territory, or other jurisdiction shall system, and comprehensive facility condi- mote the conservation of neotropical migra- receive a grant if its comprehensive wildlife tion assessments; of which $1,937,000 is for tory birds in accordance with the conservation plan is disapproved and such the Youth Conservation Corps for high pri- Neotropical Migratory Bird Conservation funds that would have been distributed to ority projects: Provided, That the only funds Act, Public Law 106–247 (16 U.S.C. 6101–6109), such State, territory, or other jurisdiction in this account which may be made available $4,000,000, to remain available until ex- shall be distributed equitably to States, ter- to support United States Park Police are pended. ritories, and other jurisdictions with ap- those funds approved for emergency law and proved plans: Provided further, That any order incidents pursuant to established Na- MULTINATIONAL SPECIES CONSERVATION FUND amount apportioned in 2006 to any State, tional Park Service procedures, those funds For expenses necessary to carry out the territory, or other jurisdiction that remains needed to maintain and repair United States African Elephant Conservation Act (16 U.S.C. unobligated as of September 30, 2007, shall be Park Police administrative facilities, and 4201–4203, 4211–4213, 4221–4225, 4241–4245, and reapportioned, together with funds appro- those funds necessary to reimburse the 1538), the Asian Elephant Conservation Act priated in 2008, in the manner provided here- United States Park Police account for the of 1997 (Public Law 105–96; 16 U.S.C. 4261– in: Provided further, That balances from unbudgeted overtime and travel costs associ- 4266), the Rhinoceros and Tiger Conservation amounts previously appropriated under the ated with special events for an amount not Act of 1994 (16 U.S.C. 5301–5306), the Great heading ‘‘State Wildlife Grants’’ shall be to exceed $10,000 per event subject to the re- Ape Conservation Act of 2000 (16 U.S.C. 6301), transferred to and merged with this appro- view and concurrence of the Washington and, the Marine Turtle Conservation Act of priation and shall remain available until ex- headquarters office. 2004 (Public Law 108–266; 16 U.S.C. 6601), pended. UNITED STATES PARK POLICE $5,900,000, to remain available until ex- ADMINISTRATIVE PROVISIONS For expenses necessary to carry out the pended. Appropriations and funds available to the programs of the United States Park Police, STATE AND TRIBAL WILDLIFE GRANTS United States Fish and Wildlife Service shall $82,411,000. For wildlife conservation grants to States be available for purchase of passenger motor NATIONAL RECREATION AND PRESERVATION and to the District of Columbia, Puerto Rico, vehicles; repair of damage to public roads For expenses necessary to carry out recre- Guam, the United States Virgin Islands, the within and adjacent to reservation areas ation programs, natural programs, cultural Northern Mariana Islands, American Samoa, caused by operations of the Service; options programs, heritage partnership programs, and federally recognized Indian tribes under for the purchase of land at not to exceed $1 environmental compliance and review, inter- the provisions of the Fish and Wildlife Act of for each option; facilities incident to such national park affairs, and grant administra- 1956 and the Fish and Wildlife Coordination public recreational uses on conservation tion, not otherwise provided for, $48,997,000: Act, for the development and implementa- areas as are consistent with their primary Provided, That none of the funds in this Act tion of programs for the benefit of wildlife purpose; and the maintenance and improve- for the River, Trails and Conservation As- and their habitat, including species that are ment of aquaria, buildings, and other facili- sistance program may be used for cash agree- not hunted or fished, $65,000,000, to be derived ties under the jurisdiction of the Service and ments, or for cooperative agreements that from the Land and Water Conservation to which the United States has title, and are inconsistent with the program’s final Fund, and to remain available until ex- which are used pursuant to law in connec- strategic plan. pended: Provided, That of the amount pro- tion with management, and investigation of HISTORIC PRESERVATION FUND vided herein, $6,000,000 is for a competitive fish and wildlife resources: Provided, That grant program for Indian tribes not subject For expenses necessary in carrying out the notwithstanding 44 U.S.C. 501, the Service Historic Preservation Act of 1966, as amend- to the remaining provisions of this appro- may, under cooperative cost sharing and priation: Provided further, That the Secretary ed (16 U.S.C. 470), and the Omnibus Parks and partnership arrangements authorized by law, Public Lands Management Act of 1996 (Pub- shall, after deducting said $6,000,000 and ad- procure printing services from cooperators ministrative expenses, apportion the amount lic Law 104–333), $72,705,000, to be derived in connection with jointly produced publica- from the Historic Preservation Fund, to re- provided herein in the following manner: (1) tions for which the cooperators share at to the District of Columbia and to the Com- main available until September 30, 2007, of least one-half the cost of printing either in which $30,000,000 shall be for Save America’s monwealth of Puerto Rico, each a sum equal cash or services and the Service determines to not more than one-half of 1 percent there- Treasures for preservation of nationally sig- the cooperator is capable of meeting accept- nificant sites, structures, and artifacts: Pro- of; and (2) to Guam, American Samoa, the ed quality standards: Provided further, That, United States Virgin Islands, and the Com- vided, That any individual Save America’s notwithstanding any other provision of law, Treasures grant shall be matched by non- monwealth of the Northern Mariana Islands, the Service may use up to $2,000,000 from each a sum equal to not more than one- Federal funds: Provided further, That indi- funds provided for contracts for employ- vidual projects shall only be eligible for one fourth of 1 percent thereof: Provided further, ment-related legal services: Provided further, That the Secretary shall apportion the re- grant: Provided further, That all projects to That the Service may accept donated air- be funded shall be approved by the Secretary maining amount in the following manner: (1) craft as replacements for existing aircraft: one-third of which is based on the ratio to of the Interior in consultation with the Provided further, That, notwithstanding any House and Senate Committees on Appropria- which the land area of such State bears to other provision of law, the Secretary of the the total land area of all such States; and (2) tions and the President’s Committee on the Interior may not spend any of the funds ap- Arts and Humanities prior to the commit- two-thirds of which is based on the ratio to propriated in this Act for the purchase of which the population of such State bears to ment of Save America’s Treasures grant lands or interests in lands to be used in the funds: Provided further, That Save America’s the total population of all such States: Pro- establishment of any new unit of the Na- vided further, That the amounts apportioned Treasures funds allocated for Federal tional Wildlife Refuge System unless the projects, following approval, shall be avail- under this paragraph shall be adjusted equi- purchase is approved in advance by the tably so that no State shall be apportioned a able by transfer to appropriate accounts of House and Senate Committees on Appropria- individual agencies: Provided further, That sum which is less than 1 percent of the tions in compliance with the reprogramming amount available for apportionment under hereinafter and notwithstanding 20 U.S.C. procedures contained in House Report 108– 951 et seq. the National Endowment for the this paragraph for any fiscal year or more 330. than 5 percent of such amount: Provided fur- Arts may award Save America’s Treasures NATIONAL PARK SERVICE ther, That the Federal share of planning grants based upon the recommendations of grants shall not exceed 75 percent of the OPERATION OF THE NATIONAL PARK SYSTEM the Save America’s Treasures grant selec- total costs of such projects and the Federal For expenses necessary for the manage- tion panel convened by the President’s Com- share of implementation grants shall not ex- ment, operation, and maintenance of areas mittee on the Arts and the Humanities and ceed 50 percent of the total costs of such and facilities administered by the National the National Park Service. projects: Provided further, That the non-Fed- Park Service (including special road mainte- CONSTRUCTION eral share of such projects may not be de- nance service to trucking permittees on a re- For construction, improvements, repair or rived from Federal grant programs: Provided imbursable basis), and for the general admin- replacement of physical facilities, including further, That no State, territory, or other ju- istration of the National Park Service, the modifications authorized by section 104 risdiction shall receive a grant unless it has $1,754,199,000, of which $30,000,000 is provided of the Everglades National Park Protection developed, by October 1, 2005, a comprehen- above the budget request to be distributed to and Expansion Act of 1989, $308,230,000, to re- sive wildlife conservation plan, consistent all park areas on a pro-rate basis and to remain available until expended, of which with criteria established by the Secretary of main in the park base; of which $9,892,000 is $17,000,000 for modified water deliveries to the Interior, that considers the broad range for planning and interagency coordination in Everglades National Park shall be derived by of the State, territory, or other jurisdic- support of Everglades restoration and shall transfer from unobligated balances in the tion’s wildlife and associated habitats, with remain available until expended; of which ‘‘Land Acquisition and State Assistance’’ ac- appropriate priority placed on those species $97,600,000, to remain available until Sep- count for Everglades National Park land ac- with the greatest conservation need and tak- tember 30, 2007, is for maintenance, repair or quisitions: Provided, That none of the funds ing into consideration the relative level of rehabilitation projects for constructed as- available to the National Park Service may funding available for the conservation of sets, operation of the National Park Service be used to plan, design, or construct any

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3612 CONGRESSIONAL RECORD — HOUSE May 19, 2005 partnership project with a total value in ex- ter 81 of title 5, United States Code, to re- senger motor vehicles; reimbursement to the cess of $5,000,000, without advance approval turn to appropriate positions for which they General Services Administration for security of the House and Senate Committees on Ap- are medically able. guard services; contracting for the fur- propriations: Provided further, That, notwith- If the Secretary of the Interior considers nishing of topographic maps and for the standing any other provision of law, the Na- the decision of any value determination pro- making of geophysical or other specialized tional Park Service may not accept dona- ceeding conducted under a National Park surveys when it is administratively deter- tions or services associated with the plan- Service concession contract issued prior to mined that such procedures are in the public ning, design, or construction of such new fa- November 13, 1998, to misinterpret or mis- interest; construction and maintenance of cilities without advance approval of the apply relevant contractual requirements or necessary buildings and appurtenant facili- House and Senate Committees on Appropria- their underlying legal authority, the Sec- ties; acquisition of lands for gauging stations tions: Provided further, That funds provided retary may seek, within 180 days of any such and observation wells; expenses of the United under this heading for implementation of decision, the de novo review of the value de- States National Committee on Geology; and modified water deliveries to Everglades Na- termination by the United States Court of payment of compensation and expenses of tional Park shall be expended consistent Federal Claims, and that court may make an persons on the rolls of the Survey duly ap- with the requirements of the fifth proviso order affirming, vacating, modifying or cor- pointed to represent the United States in the under this heading in Public Law 108–108: recting the determination. negotiation and administration of interstate Provided further, That none of the funds pro- In addition to other uses set forth in sec- compacts: Provided, That activities funded vided in this or any other Act may be used tion 407(d) of Public Law 105–391, franchise by appropriations herein made may be ac- for planning, design, or construction of any fees credited to a sub-account shall be avail- complished through the use of contracts, underground security screening or visitor able for expenditure by the Secretary, with- grants, or cooperative agreements as defined contact facility at the Washington Monu- out further appropriation, for use at any unit in 31 U.S.C. 6302 et seq.: Provided further, ment until such facility has been approved in within the National Park System to extin- That the United States Geological Survey writing by the House and Senate Committees guish or reduce liability for Possessory In- may enter into contracts or cooperative on Appropriations. terest or leasehold surrender interest. Such agreements directly with individuals or indi- rectly with institutions or nonprofit organi- LAND AND WATER CONSERVATION FUND funds may only be used for this purpose to the extent that the benefiting unit antici- zations, without regard to 41 U.S.C. 5, for the (RESCISSION) pated franchise fee receipts over the term of temporary or intermittent services of stu- The contract authority provided for fiscal the contract at that unit exceed the amount dents or recent graduates, who shall be con- year 2006 by 16 U.S.C. 460l–10a is rescinded. of funds used to extinguish or reduce liabil- sidered employees for the purpose of chap- LAND ACQUISITION AND STATE ASSISTANCE ity. Franchise fees at the benefiting unit ters 57 and 81 of title 5, United States Code, For expenses necessary to carry out the shall be credited to the sub-account of the relating to compensation for travel and work Land and Water Conservation Act of 1965, as originating unit over a period not to exceed injuries, and chapter 171 of title 28, United amended (16 U.S.C. 460l–4 through 11), includ- the term of a single contract at the bene- States Code, relating to tort claims, but ing administrative expenses, and for acquisi- fiting unit, in the amount of funds so ex- shall not be considered to be Federal em- tion of lands or waters, or interest therein, pended to extinguish or reduce liability. ployees for any other purposes. in accordance with the statutory authority UNITED STATES GEOLOGICAL SURVEY MINERALS MANAGEMENT SERVICE applicable to the National Park Service, ROYALTY AND OFFSHORE MINERALS SURVEYS, INVESTIGATIONS, AND RESEARCH $9,421,000, to be derived from the Land and MANAGEMENT For expenses necessary for the United Water Conservation Fund and to remain For expenses necessary for minerals leas- States Geological Survey to perform sur- available until expended, of which $1,587,000 ing and environmental studies, regulation of veys, investigations, and research covering is for the administration of the State assist- industry operations, and collection of royal- topography, geology, hydrology, biology, and ance program. ties, as authorized by law; for enforcing laws the mineral and water resources of the ADMINISTRATIVE PROVISIONS and regulations applicable to oil, gas, and United States, its territories and posses- other minerals leases, permits, licenses and Appropriations for the National Park Serv- sions, and other areas as authorized by 43 operating contracts; and for matching grants ice shall be available for the purchase of not U.S.C. 31, 1332, and 1340; classify lands as to or cooperative agreements; including the to exceed 245 passenger motor vehicles, of their mineral and water resources; give engi- purchase of not to exceed eight passenger which 199 shall be for replacement only, in- neering supervision to power permittees and motor vehicles for replacement only, cluding not to exceed 193 for police-type use, Federal Energy Regulatory Commission li- $152,676,000, of which $77,529,000 shall be 10 buses, and 8 ambulances: Provided, That censees; administer the minerals exploration available for royalty management activities; none of the funds appropriated to the Na- program (30 U.S.C. 641); publish and dissemi- and an amount not to exceed $122,730,000, to tional Park Service may be used to process nate data relative to the foregoing activities; be credited to this appropriation and to re- any grant or contract documents which do and to conduct inquiries into the economic main available until expended, from addi- not include the text of 18 U.S.C. 1913: Pro- conditions affecting mining and materials tions to receipts resulting from increases to vided further, That none of the funds appro- processing industries (30 U.S.C. 3, 21a, and rates in effect on August 5, 1993, from rate priated to the National Park Service may be 1603; 50 U.S.C. 98g(1)) and related purposes as increases to fee collections for Outer Conti- used to implement an agreement for the re- authorized by law and to publish and dis- nental Shelf administrative activities per- development of the southern end of Ellis Is- seminate data; $974,586,000, of which formed by the Minerals Management Service land until such agreement has been sub- $63,770,000 shall be available only for co- (MMS) over and above the rates in effect on mitted to the Congress and shall not be im- operation with States or municipalities for September 30, 1993, and from additional fees plemented prior to the expiration of 30 cal- water resources investigations; of which for Outer Continental Shelf administrative endar days (not including any day in which $8,000,000 shall remain available until ex- activities established after September 30, either House of Congress is not in session be- pended for satellite operations; of which 1993: Provided, That to the extent $122,730,000 cause of adjournment of more than 3 cal- $23,320,000 shall be available until September in additions to receipts are not realized from endar days to a day certain) from the receipt 30, 2007, for the operation and maintenance the sources of receipts stated above, the by the Speaker of the House of Representa- of facilities and deferred maintenance; of amount needed to reach $122,730,000 shall be tives and the President of the Senate of a which $1,600,000 shall be available until ex- credited to this appropriation from receipts full and comprehensive report on the devel- pended for deferred maintenance and capital resulting from rental rates for Outer Conti- opment of the southern end of Ellis Island, improvement projects that exceed $100,000 in nental Shelf leases in effect before August 5, including the facts and circumstances relied cost; and of which $174,765,000 shall be avail- 1993: Provided further, That $3,000,000 for com- upon in support of the proposed project: Pro- able until September 30, 2007, for the biologi- puter acquisitions shall remain available vided further, That in fiscal year 2006 and cal research activity and the operation of until September 30, 2007: Provided further, thereafter, appropriations available to the the Cooperative Research Units: Provided, That not to exceed $3,000 shall be available National Park Service may be used to main- That none of the funds provided for the bio- for reasonable expenses related to promoting tain the following areas in Washington, Dis- logical research activity shall be used to volunteer beach and marine cleanup activi- trict of Columbia: Jackson Place, Madison conduct new surveys on private property, un- ties: Provided further, That notwithstanding Place, and Pennsylvania Avenue between less specifically authorized in writing by the any other provision of law, $15,000 under this 15th and 17th Streets, Northwest. property owner: Provided further, That no None of the funds in this Act may be spent heading shall be available for refunds of part of this appropriation shall be used to by the National Park Service for activities overpayments in connection with certain In- pay more than one-half the cost of topo- taken in direct response to the United Na- dian leases in which the Director of MMS graphic mapping or water resources data col- tions Biodiversity Convention. concurred with the claimed refund due, to lection and investigations carried on in co- The National Park Service may distribute pay amounts owed to Indian allottees or operation with States and municipalities. to operating units based on the safety record tribes, or to correct prior unrecoverable er- of each unit the costs of programs designed ADMINISTRATIVE PROVISIONS roneous payments: Provided further, That in to improve workplace and employee safety, The amount appropriated for the United fiscal year 2006 and thereafter, the MMS may and to encourage employees receiving work- States Geological Survey shall be available under the royalty-in-kind program, or under ers’ compensation benefits pursuant to chap- for the purchase and replacement of pas- its authority to transfer oil to the Strategic

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3613 Petroleum Reserve, use a portion of the reve- Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) the tribe’s trust fund account: Provided fur- nues from royalty-in-kind sales, without re- as of September 30, 2005, but not appro- ther, That any such unobligated balances not gard to fiscal year limitation, to pay for priated as of that date, are reallocated to the so transferred shall expire on September 30, transportation to wholesale market centers allocation established in section 402(g)(3) of 2008. or upstream pooling points, to process or the Surface Mining Control and Reclamation CONSTRUCTION otherwise dispose of royalty production Act of 1977 (30 U.S.C. 1232(g)(3)): Provided fur- For construction, repair, improvement, taken in kind, and to recover MMS transpor- ther, That amounts provided under this head- and maintenance of irrigation and power sys- tation costs, salaries, and other administra- ing may be used for the travel and per diem tems, buildings, utilities, and other facili- tive costs directly related to the royalty-in- expenses of State and tribal personnel at- ties, including architectural and engineering kind program: Provided further, That MMS tending Office of Surface Mining Reclama- services by contract; acquisition of lands, shall analyze and document the expected re- tion and Enforcement sponsored training. and interests in lands; and preparation of turn in advance of any royalty-in-kind sales ADMINISTRATIVE PROVISIONS lands for farming, and for construction of to assure to the maximum extent practicable With funds available for the Technical In- the Navajo Indian Irrigation Project pursu- that royalty income under the program is novation and Professional Services program ant to Public Law 87–483, $284,137,000, to re- equal to or greater than royalty income rec- in this Act, the Secretary may transfer title main available until expended: Provided, ognized under a comparable royalty-in-value for computer hardware, software and other That such amounts as may be available for program. technical equipment to State and Tribal reg- the construction of the Navajo Indian Irriga- OIL SPILL RESEARCH ulatory and reclamation programs. tion Project may be transferred to the Bu- For necessary expenses to carry out title I, reau of Reclamation: Provided further, That BUREAU OF INDIAN AFFAIRS section 1016, title IV, sections 4202 and 4303, not to exceed 6 percent of contract authority title VII, and title VIII, section 8201 of the OPERATION OF INDIAN PROGRAMS available to the Bureau of Indian Affairs Oil Pollution Act of 1990, $7,006,000, which For expenses necessary for the operation of from the Federal Highway Trust Fund may shall be derived from the Oil Spill Liability Indian programs, as authorized by law, in- be used to cover the road program manage- Trust Fund, to remain available until excluding the Snyder Act of November 2, 1921 ment costs of the Bureau: Provided further, pended. (25 U.S.C. 13), the Indian Self-Determination That any funds provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall OFFICE OF SURFACE MINING RECLAMATION AND and Education Assistance Act of 1975 (25 be made available on a nonreimbursable ENFORCEMENT U.S.C. 450 et seq.), as amended, the Edu- cation Amendments of 1978 (25 U.S.C. 2001– basis: Provided further, That for fiscal year REGULATION AND TECHNOLOGY 2019), and the Tribally Controlled Schools 2006, in implementing new construction or For necessary expenses to carry out the Act of 1988 (25 U.S.C. 2501 et seq.), as amend- facilities improvement and repair project provisions of the Surface Mining Control and ed, $1,992,737,000, to remain available until grants in excess of $100,000 that are provided Reclamation Act of 1977, Public Law 95–87, as September 30, 2007 except as otherwise pro- to tribally controlled grant schools under amended, including the purchase of not to vided herein, of which not to exceed Public Law 100–297, as amended, the Sec- exceed 10 passenger motor vehicles, for re- $86,462,000 shall be for welfare assistance pay- retary of the Interior shall use the Adminis- placement only; $110,435,000: Provided, That ments and notwithstanding any other provi- trative and Audit Requirements and Cost the Secretary of the Interior, pursuant to sion of law, including but not limited to the Principles for Assistance Programs con- regulations, may use directly or through Indian Self-Determination Act of 1975, as tained in 43 CFR part 12 as the regulatory re- grants to States, moneys collected in fiscal amended, not to exceed $134,609,000 shall be quirements: Provided further, That such year 2006 for civil penalties assessed under available for payments to tribes and tribal grants shall not be subject to section 12.61 of section 518 of the Surface Mining Control organizations for contract support costs as- 43 CFR; the Secretary and the grantee shall and Reclamation Act of 1977 (30 U.S.C. 1268), sociated with ongoing contracts, grants, negotiate and determine a schedule of pay- to reclaim lands adversely affected by coal compacts, or annual funding agreements en- ments for the work to be performed: Provided mining practices after August 3, 1977, to re- tered into with the Bureau prior to or during further, That in considering applications, the main available until expended: Provided fur- fiscal year 2006, as authorized by such Act, of Secretary shall consider whether the Indian ther, That appropriations for the Office of which $129,609,000 shall be available for indi- tribe or tribal organization would be defi- Surface Mining Reclamation and Enforce- rect contract support costs and $5,000,000 cient in assuring that the construction ment may provide for the travel and per shall be available for direct contract support projects conform to applicable building diem expenses of State and tribal personnel costs, except that tribes and tribal organiza- standards and codes and Federal, tribal, or attending Office of Surface Mining Reclama- tions may use their tribal priority alloca- State health and safety standards as re- tion and Enforcement sponsored training. tions for unmet contract support costs of on- quired by 25 U.S.C. 2005(b), with respect to ABANDONED MINE RECLAMATION FUND going contracts, grants, or compacts, or an- organizational and financial management For necessary expenses to carry out title nual funding agreements and for unmet wel- capabilities: Provided further, That if the IV of the Surface Mining Control and Rec- fare assistance costs; and of which not to ex- Secretary declines an application, the Sec- lamation Act of 1977, Public Law 95–87, as ceed $478,085,000 for school operations costs retary shall follow the requirements con- amended, including the purchase of not more of Bureau-funded schools and other edu- tained in 25 U.S.C. 2504(f): Provided further, than 10 passenger motor vehicles for replace- cation programs shall become available on That any disputes between the Secretary and ment only, $188,014,000, to be derived from re- July 1, 2006, and shall remain available until any grantee concerning a grant shall be sub- ceipts of the Abandoned Mine Reclamation September 30, 2007; and of which not to ex- ject to the disputes provision in 25 U.S.C. Fund and to remain available until exceed $61,267,000 shall remain available until 2507(e): Provided further, That in order to en- pended; of which up to $10,000,000, to be de- expended for housing improvement, road sure timely completion of replacement rived from the Federal Expenses Share of the maintenance, attorney fees, litigation sup- school construction projects, the Secretary Fund, shall be for supplemental grants to port, the Indian Self-Determination Fund, may assume control of a project and all States for the reclamation of abandoned land records improvement, and the Navajo- funds related to the project, if, within eight- sites with acid mine rock drainage from coal Hopi Settlement Program: Provided, That een months of the date of enactment of this mines, and for associated activities, through notwithstanding any other provision of law, Act, any tribe or tribal organization receiv- the Appalachian Clean Streams Initiative: including but not limited to the Indian Self- ing funds appropriated in this Act or in any Provided, That grants to minimum program Determination Act of 1975, as amended, and prior Act, has not completed the planning States will be $1,500,000 per State in fiscal 25 U.S.C. 2008, not to exceed $44,718,000 within and design phase of the project and com- year 2006: Provided further, That pursuant to and only from such amounts made available menced construction of the replacement Public Law 97–365, the Department of the In- for school operations shall be available to school: Provided further, That this Appropria- terior is authorized to use up to 20 percent tribes and tribal organizations for adminis- tion may be reimbursed from the Office of from the recovery of the delinquent debt trative cost grants associated with ongoing the Special Trustee for American Indians owed to the United States Government to grants entered into with the Bureau prior to Appropriation for the appropriate share of pay for contracts to collect these debts: Pro- or during fiscal year 2005 for the operation of construction costs for space expansion need- vided further, That funds made available Bureau-funded schools, and up to $500,000 ed in agency offices to meet trust reform im- under title IV of Public Law 95–87 may be within and only from such amounts made plementation. used for any required non-Federal share of available for school operations shall be INDIAN LAND AND WATER CLAIM SETTLEMENTS the cost of projects funded by the Federal available for the transitional costs of initial AND MISCELLANEOUS PAYMENTS TO INDIANS Government for the purpose of environ- administrative cost grants to tribes and trib- For miscellaneous payments to Indian mental restoration related to treatment or al organizations that enter into grants for tribes and individuals and for necessary ad- abatement of acid mine drainage from aban- the operation on or after July 1, 2005, of Bu- ministrative expenses, $34,754,000, to remain doned mines: Provided further, That such reau-operated schools: Provided further, That available until expended, for implementation projects must be consistent with the pur- any forestry funds allocated to a tribe which of Indian land and water claim settlements poses and priorities of the Surface Mining remain unobligated as of September 30, 2007, pursuant to Public Laws 99–264, 100–580, 101– Control and Reclamation Act: Provided fur- may be transferred during fiscal year 2008 to 618, 106–554, 107–331, and 108–34, and for imple- ther, That amounts allocated under section an Indian forest land assistance account es- mentation of other land and water rights 402(g)(2) of the Surface Mining Control and tablished for the benefit of such tribe within settlements, of which $10,000,000 shall be

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available for payment to the Quinault Indian the funds of the charter school are kept sepa- COMPACT OF FREE ASSOCIATION Nation pursuant to the terms of the North rate and apart from Bureau funds, and the For grants and necessary expenses, Boundary Settlement Agreement dated July Bureau does not assume any obligation for $5,362,000, to remain available until ex- 14, 2000, providing for the acquisition of per- charter school programs of the State in pended, as provided for in sections 221(a)(2), petual conservation easements from the Na- which the school is located if the charter 221(b), and 233 of the Compact of Free Asso- tion. school loses such funding. Employees of Bu- ciation for the Republic of Palau; and sec- INDIAN GUARANTEED LOAN PROGRAM ACCOUNT reau-funded schools sharing a campus with a tion 221(a)(2) of the Compacts of Free Asso- For the cost of guaranteed and insured charter school and performing functions re- ciation for the Government of the Republic lated to the charter school’s operation and loans, $6,348,000, of which $701,000 is for ad- of the Marshall Islands, and the Government employees of a charter school shall not be ministrative expenses, as authorized by the of the United States and the Federated treated as Federal employees for purposes of Indian Financing Act of 1974, as amended: States of Micronesia, as authorized by Public chapter 171 of title 28, United States Code. Law 99–658 and Public Law 108–188. Provided, That such costs, including the cost Notwithstanding any other provision of DEPARTMENTAL MANAGEMENT of modifying such loans, shall be as defined law, including section 113 of title I of appen- in section 502 of the Congressional Budget dix C of Public Law 106–113, if a tribe or trib- SALARIES AND EXPENSES Act of 1974: Provided further, That these funds al organization in fiscal year 2003 or 2004 re- For necessary expenses for management of are available to subsidize total loan prin- ceived indirect and administrative costs pur- the Department of the Interior, $118,755,000; cipal, any part of which is to be guaranteed, suant to a distribution formula based on sec- of which $23,555,000 shall remain available not to exceed $118,884,000. tion 5(f) of Public Law 101–301, the Secretary until expended for a departmental financial ADMINISTRATIVE PROVISIONS shall continue to distribute indirect and ad- and business management system; of which The Bureau of Indian Affairs may carry ministrative cost funds to such tribe or trib- not to exceed $8,500 may be for official recep- out the operation of Indian programs by dial organization using the section 5(f) dis- tion and representation expenses; and of rect expenditure, contracts, cooperative tribution formula. which up to $1,000,000 shall be available for workers compensation payments and unem- agreements, compacts and grants, either di- DEPARTMENTAL OFFICES ployment compensation payments associated rectly or in cooperation with States and INSULAR AFFAIRS other organizations. with the orderly closure of the United States ASSISTANCE TO TERRITORIES Notwithstanding 25 U.S.C. 15, the Bureau Bureau of Mines: Provided, That none of the of Indian Affairs may contract for services in For expenses necessary for assistance to funds in this or previous appropriations Acts support of the management, operation, and territories under the jurisdiction of the De- may be used to establish any additional re- maintenance of the Power Division of the partment of the Interior, $76,563,000, of serves in the Working Capital Fund account San Carlos Irrigation Project. which: (1) $69,182,000 shall be available until other than the two authorized reserves with- Appropriations for the Bureau of Indian expended for technical assistance, including out prior approval of the House and Senate Affairs (except the revolving fund for loans, maintenance assistance, disaster assistance, Committees on Appropriations. the Indian loan guarantee and insurance insular management controls, coral reef ini- AMENDMENTS OFFERED BY MS. SLAUGHTER fund, and the Indian Guaranteed Loan Pro- tiative activities, and brown tree snake con- Ms. SLAUGHTER. Madam Chairman, gram account) shall be available for expenses trol and research; grants to the judiciary in I offer several amendments, and I ask of exhibits, and purchase and replacement of American Samoa for compensation and ex- unanimous consent they be considered passenger motor vehicles. penses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of Amer- en bloc. Notwithstanding any other provision of The Acting CHAIRMAN. Is there ob- law, no funds available to the Bureau of In- ican Samoa, in addition to current local rev- dian Affairs for central office operations or enues, for construction and support of gov- jection to the request of the gentle- pooled overhead general administration (ex- ernmental functions; grants to the Govern- woman from New York? cept facilities operations and maintenance) ment of the Virgin Islands as authorized by There was no objection. shall be available for tribal contracts, law; grants to the Government of Guam, as The Clerk read as follows: grants, compacts, or cooperative agreements authorized by law; and grants to the Govern- Amendments offered by Ms. SLAUGHTER: with the Bureau of Indian Affairs under the ment of the Northern Mariana Islands as au- Beginning on page 44, line 25, strike ‘‘; of provisions of the Indian Self-Determination thorized by law (Public Law 94–241; 90 Stat. which $23,555,000 shall remain available until Act or the Tribal Self-Governance Act of 1994 272); and (2) $7,381,000 shall be available for expended for a departmental financial and (Public Law 103–413). salaries and expenses of the Office of Insular business management system;’’ and insert In the event any tribe returns appropria- Affairs: Provided, That all financial trans- ‘‘(reduced by $8,000,000);’’. tions made available by this Act to the Bu- actions of the territorial and local govern- Page 75, line 12, insert ‘‘(reduced by reau of Indian Affairs for distribution to ments herein provided for, including such $7,000,000)’’ after the dollar amount. other tribes, this action shall not diminish transactions of all agencies or instrumental- Page 106, line 9, insert ‘‘(increased by the Federal Government’s trust responsi- ities established or used by such govern- $10,000,000)’’ after the dollar amount. Page 106, line 13, insert ‘‘(increased by bility to that tribe, or the government-to- ments, may be audited by the Government Accountability Office, at its discretion, in $10,000,000)’’ after the dollar amount. government relationship between the United Page 106, line 25, insert ‘‘(increased by accordance with chapter 35 of title 31, United States and that tribe, or that tribe’s ability $5,000,000)’’ after the dollar amount. to access future appropriations. States Code: Provided further, That Northern Notwithstanding any other provision of Mariana Islands Covenant grant funding b 1300 law, no funds available to the Bureau, other shall be provided according to those terms of than the amounts provided herein for assist- the Agreement of the Special Representa- Mr. TAYLOR of North Carolina. ance to public schools under 25 U.S.C. 452 et tives on Future United States Financial As- Madam Chairman, I ask unanimous seq., shall be available to support the oper- sistance for the Northern Mariana Islands consent that debate on this amend- ation of any elementary or secondary school approved by Public Law 104–134: Provided fur- ment, and any amendments thereto, be in the State of Alaska. ther, That of the amounts provided for tech- limited to 20 minutes, to be equally di- Appropriations made available in this or nical assistance, sufficient funds shall be vided and controlled by the proponent any other Act for schools funded by the Bu- made available for a grant to the Pacific and myself, the opponent. reau shall be available only to the schools in Basin Development Council: Provided further, The Acting CHAIRMAN (Mrs. the Bureau school system as of September 1, That of the amounts provided for technical CAPITO). Is there objection to the re- 1996. No funds available to the Bureau shall assistance, sufficient funding shall be made be used to support expanded grades for any available for a grant to the Close Up Founda- quest of the gentleman from North school or dormitory beyond the grade struction: Provided further, That the funds for the Carolina? ture in place or approved by the Secretary of program of operations and maintenance im- There was no objection. the Interior at each school in the Bureau provement are appropriated to institu- The Acting CHAIRMAN. The Chair school system as of October 1, 1995. Funds tionalize routine operations and mainte- recognizes the gentlewoman from New made available under this Act may not be nance improvement of capital infrastructure York (Ms. SLAUGHTER) for 10 minutes. used to establish a charter school at a Bu- with territorial participation and cost shar- Ms. SLAUGHTER. Madam Chairman, reau-funded school (as that term is defined ing to be determined by the Secretary based I yield myself such time as I may con- in section 1146 of the Education Amendments on the grantee’s commitment to timely sume. of 1978 (25 U.S.C. 2026)), except that a charter maintenance of its capital assets: Provided Madam Chairman, I rise to offer an school that is in existence on the date of the further, That any appropriation for disaster amendment that will redress a grievous enactment of this Act and that has operated assistance under this heading in this Act or act that was perpetrated, without our at a Bureau-funded school before September previous appropriations Acts may be used as 1, 1999, may continue to operate during that non-Federal matching funds for the purpose knowledge, on a majority of this great period, but only if the charter school pays to of hazard mitigation grants provided pursu- body. the Bureau a pro rata share of funds to reim- ant to section 404 of the Robert T. Stafford Last year, with a resounding vote of burse the Bureau for the use of the real and Disaster Relief and Emergency Assistance 241 Members, the House voted an in- personal property (including buses and vans), Act (42 U.S.C. 5170c). crease for our Federal arts agency that

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3615 we knew would pay us back many We can and should do both: increase Mr. TAYLOR of North Carolina. times over, both in hard dollars and in American Masterpieces as the Presi- Madam Chairman, I yield myself such ways that are simply incalculable for dent wishes, and continue to challenge time as I may consume. the people we represent. the artists and their audiences in our Madam Chairman, the gentlewoman The actual amounts were small, an congressional districts by funding is obviously speaking seriously about increase of $10 million for the National Challenge America. the arts and humanities. Certainly we Endowment for the Arts and $3.5 mil- Madam Chairman, $10 million will support both and have done so gener- lion for the National Endowment for ensure that the program will prosper ously in this bill. The American public the Humanities. and grow, with Chairman Gioia using supports arts now by over $9 billion. But the loss was great. After con- up to 10 percent of the money to ensure The government’s support is a very ferees met for the omnibus funding effective administration of this fine minimal part of that $9 billion. In fact, bill, NEA, incredibly, received just sev- program. And $5 million will enhance this increase would be an even smaller eral hundred thousand dollars, and NEH’s We the People, which promotes part of that $9 billion, and so it would NEH received less than $3 million. the teaching and understanding of be hardly noticeable inside the total Not only was the will of this great American history. support of the arts. body thwarted, but also the creative But let me remind my colleagues, What we are having to sacrifice, activities of our artistic constituents even with these increases, we are far though, is to reduce funding for the ad- in every congressional district in this from providing the agencies with the ministration of the Department of the country were stifled. funds they received in the mid-1990s. As Interior by $8 million and administra- Grants were not made and those you see from the first chart, NEA is tion of the Forest Service by $7 mil- grants were not matched. Works were currently funded at $121 million, but lion. This will cost some 200 staff posi- not created. Performances did not hap- received $176 million in 1992. And NEH tions in the Department of the Interior pen. Audiences did not gather. Minds is funded at $138 million, while it re- and Forest Service. They are respon- were not enlightened, souls were not ceived $175.5 million in 1994. sible for 634 acres in the United States. fed; and the small businesses that de- Why is it so important to rebuild the This is a primary obligation we have. pend on the nonprofit arts community funding for these agencies? Well, every It is not supported by $9 billion of pub- did not profit. year I stand here and remind you what Finally, the funds that should have lic support. It is primarily supported been returned to the Federal Treasury an economic powerhouse the nonprofit with the funding that this Committee in the form of tax receipts, many times arts industry has become in American. has the duty to appropriate. over the original amounts, never ar- As this second chart proves, it pro- That is why we are trying to do our rived. It was a lose-lose situation for duces over $134 billion annually. I do primary job by maintaining the levels everyone involved: the artists, the au- not know of any other investment we that we did and to find a balance to diences, our communities, and our make that does that. Please note it re- show our support for the arts and do small businesses, as well as our local, turns $10.5 billion to the Federal Treas- the mandated portion that we must do State, and Federal treasuries. ury. for the Department of the Interior and By all rights, I should be standing In these difficult financial times for the Forest Service. here asking my colleagues not just to so many of our districts, as our local Members can count on us to continue restore the moneys that we voted for leaders strive to balance their budgets to support the arts, to watch the over- last year, but to double them. If our by cutting services, we would be irre- sight of our Committees, and this bill Federal deficit were not so huge and sponsible not to invest in the arts. strikes a fair balance between the our budgets so tight, believe me, I While other industries have suffered, needs of the arts and our responsibility would be doing just that. the nonprofit arts world continues to to land management and Indian pro- Instead, I ask you simply to put build in strength while it encourages grams. I ask Members to join me in op- these Federal art agencies back in the growth of innumerable small busi- position to this amendment. business where we funded them last nesses on its periphery, thereby cre- Madam Chairman, I reserve the bal- year, with an increase of $10 million for ating more jobs. ance of my time. NEA and $5 million for NEH. This third chart may surprise Mem- Ms. SLAUGHTER. Madam Chairman, The President’s own budget request bers. It demonstrates the financial I yield 2 minutes to the gentleman for NEA was telling. In it, even as he muscle of the arts industry, which has from Washington (Mr. DICKS). suggested level funding for the agency, produced far more jobs than all of Mr. DICKS. Madam Chairman, I rise he asked that American Masterpieces, America’s farmers, programmers, doc- to urge support for the amendment of- a majestic program that emphasizes tors, lawyers, or accountants. This is fered by the gentlewoman from New the best of American art, should be in- an amazing chart. York (Ms. SLAUGHTER) and myself to creased by $6.5 million. In fact, while the national economy increase the funding for the National President Bush was rightfully enthu- has grown at a rate of 3.8 percent, the Endowments for the Arts and Human- siastic about that program. It is an in- arts have far out-distanced that num- ities. The amendment would provide an crease that I personally applaud. But ber by expanding at a rate of 5.5 per- additional $15 million for the endow- unless we provide an overall increase cent. ments—$10 million for the National En- for NEA, the money is slated to come And all of that said, I also stand be- dowment for the Arts, and $5 million from Challenge America, a highly pop- fore you at this time, every year, to re- for the National Endowment for the ular program that supported artists in mind us all of the stunning gifts Amer- Humanities. The increase would be off- more than 99 percent of our congres- ican artists make to our daily lives. set by reductions in various accounts. sional districts last year. Their creative force not only helps our My colleagues may recall that a That is not a good idea. Challenge children learn but also makes them similar amendment passed the House America grants go to the towns and smarter. It brightens the life of each last year during consideration of the hamlets of this sprawling country, one of us, bringing us joy and comfort, 2005 Department of the Interior bill by where big touring companies will rare- enlightenment and understanding, in a vote of 241 to 185. The amendment ly go, and major actors, actresses, ways impossible to find otherwise. provided an additional $10 million for writers and artists may never appear in The arts and artists of America are the NEA and $3.5 million for the NEH. person. For example, last year Chal- our national treasure, which this great Once again the gentlewoman from lenge American grants went to Nation needs, deserves, and must sup- New York (Ms. SLAUGHTER) and I are Aliceville, Alabama and to Bainbridge port as other nations do. asking for support for this amendment, Island, Washington; to Red Wing, Min- For these reasons, I urge Members to and perhaps we can obtain a greater nesota and Lucas, Kansas. They ener- vote for the Slaughter/Shays/Dicks/ margin than last year. gized audiences in Texarkana, Texas Leach/Price amendment, and thank my I have sensed over the last few years and Locust Grove, Arkansas, and spell- colleagues who have joined me today. that the battle over this amendment bound art-hungry folks in Albany, Madam Chairman, I reserve the bal- has cooled and we can move on know- Georgia and Billings, Montana. ance of my time. ing that a healthy majority in the

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3616 CONGRESSIONAL RECORD — HOUSE May 19, 2005 House agrees that these two important consent request to the gentleman from continues to grow it is important that the arts programs deserve our strong financial New Jersey (Mr. HOLT). remain a priority in our communities. As support. (Mr. HOLT asked and was given per- former President Kennedy stated, ‘‘I am cer- This debate presents a good oppor- mission to revise and extend his retain that after the dust of centuries has passed tunity to make sure our new colleagues marks.) over our cities, we, too, will be remembered understand the importance of this Mr. HOLT. Madam Chairman, I rise not for our victories or defeats in battles or in modest Federal support and how it has in support of the Slaughter/Shays/ politics, but for our contribution to the human such a tremendous impact on every one Dicks/Leach/Price amendment. spirit.’’ of our congressional districts. Each of Madam Chairman, I rise today in strong Though some would consider our economy the NEA and NEH grants is modest in support of the Slaughter-Shays-Dicks-Leach- hard pressed for such funding as this, I im- size, but it is vitally important to the Price Amendment to provide much needed plore my colleagues to consider the profound communities they reach. The Federal funds for the National Endowment for the Arts influence of arts-centric businesses. money serves as a catalyst to draw in and the National Endowment for the Human- While some of the country’s concerns only private contributions. In fact, we now ities. affect a minority of people, the involvement in know that higher levels of Federal This is a long overdue and a modest fund- the arts spans all walks of life. Indeed, it money will leverage even greater pri- ing increase to build programs that use the weaves together all communities and crosses vate support. strength of the arts and our Nation’s cultural racial, gender, and religious boundaries. Unfortunately, since 1996, the endow- life to enhance communities in every State In my district, the arts create a sense of na- ments have been underfunded. The en- and every county around America. The addi- tionalism for the State and the rest of the dowments are still being funded below tional funds provided through this amendment country. For, what would Chicago be without their level of 10 years ago. In 1996, Con- would keep intact the very successful Chal- the architecture of the Sears Tower, the flour- gress reduced the NEA by 39 percent lenge America program, which brings the arts ishing talent in Second City, or the abundant and NEH by 36 percent. Our amend- to rural communities and inner-city neighbor- museums? Indeed, the beating pulse of Amer- ment does not restore those funding hoods whose limited resources don’t always ica lives and thrives through the arts. levels of a decade ago, but it does pro- allow for community arts programs. Not only do the arts enrich societies, but the vide an opportunity for the Members of In 2004, the Challenge America program arts is also an industry. In my district there are the House to show their strong support provided grants to towns and cities in 99% of 2,989 art related businesses and 44,709 peo- for the endowments by approving this congressional districts for jazz and blues fes- ple that make their daily living working in the arts. It is obvious that support of arts, also is modest amendment. tivals, showcases for regional musicians and support of the economy. Arts-Centric busi- Mr. TAYLOR of North Carolina. artists, and public-private partnerships that nesses supply 578,000 businesses in the Madam Chairman, I reserve the bal- bring the arts into local schools. Dozens of ance of my time. United States and employ 2.97 million people. studies have demonstrated the significant Ms. SLAUGHTER. Madam Chairman, Even more, it is a growing institution, exceed- positive effect of arts education on students’ I yield 2 minutes to the gentleman ing the total United States business growth academic performance, self esteem, and be- from North Carolina (Mr. PRICE). rate by 1.7 percent. Not only do the arts help havior, and the Challenge America grants are (Mr. PRICE of North Carolina asked sustain the economy by supplying jobs and an excellent mechanism to bring the arts to and was given permission to revise and generating revenue, it helps to fuel future cre- students who can greatly benefit from that ex- extend his remarks.) ative industries and workers. Mr. PRICE of North Carolina. Madam posure. These future creative workers come in the Chairman, I rise in support of Similarly, the NEH serves to advance the form of our children. The arts help in a child’s the Slaughter/Shays/Dicks/Leach/Price Nation’s scholarly and cultural life. The addi- brain development and their creative skills. A amendment for increased funding for tional funding contained in this amendment country without a full expression of the arts the National Endowment for the Hu- would enable NEH to improve the quality of would truly create a void in a child’s develop- manities and the National Endowment humanities education to America’s school chil- ment. They too deserve the right to blossom for the Arts. dren and college students, offer lifelong learn- and flourish their imagination from the various As co-chair of the newly established ing opportunities through a range of public artistic resources. Congressional Humanities Caucus, I am programs, and support new projects that en- We cannot disregard the contributions and pleased to support this amendment courage Americans to discover their storied growing trends of the arts. The arts and hu- which will in particular increase fund- and inspiring national heritage. manities support our culture, it supports our ing for NEH’s We the People program It is clear that increasing funding for the arts economy, and most importantly it supports our by $5 million. and humanities is among the best investments future. In my district there is a wealth of diver- We the People is an agency-wide pro- that we, as a society, can make. They help sity. This diversity is preserved through the gram focused on examining and under- our children learn. They give the elderly suste- arts. The arts promote respect for diversity, standing significant events and themes nance. They power economic development in and appreciation of other cultures. It seems to in our Nation’s history. An additional regions that are down and out. They tie our dime, that these elements are necessary for $5 million will enable We the People to verse society and country together. building stable healthy communities. support teacher seminars and insti- Will the projects that would be sponsored by Madam Chairman, if we minimize these tutes with new content focusing on this increase in funding help defend our coun- possibilities in the arts, we will be limiting the American history and civics, media try? Probably not, but they will make our coun- liberty of our imagination. I request my col- projects focusing on key people and try more worth defending. I urge my colleagues to join me in support of this amend- events in American history, and preser- leagues to support this amendment. ment. vation projects that preserve and pro- Ms. SLAUGHTER. Madam Chairman, Ms. SLAUGHTER. Madam Chairman, vide access to important historical I yield for the purpose of a unanimous I yield for the purpose of a unanimous documents and artifacts that are cen- consent request to the gentleman from consent request to the gentleman from tral to America’s historical and cul- Illinois (Mr. DAVIS). New Mexico (Mr. UDALL). tural heritage. (Mr. DAVIS of Illinois asked and was (Mr. UDALL of New Mexico asked We ought to do more, but this modest given permission to revise and extend and was given permission to revise and funding increase will help. It will aid his remarks.) extend his remarks.) NEH’s efforts to conserve and nurture Mr. DAVIS of Illinois. Madam Chair- Mr. UDALL of New Mexico. Madam America’s heritage, bring humanities man, I rise in strong support of the Chairman, I also would stand in sup- to communities across this country, Slaughter/Shays/Dicks/Leach/Price port of the Slaughter/Shays/Dicks/ and educate the next generation of amendment. Leach/Price amendment. Americans. I encourage my colleagues Madam Chairman, I rise in strong support of Madam Chairman, I rise today in strong to support this amendment. Slaughter/Shays/Dicks/Leach amendment to support of the Slaughter Shays-Dicks-Price- Mr. TAYLOR of North Carolina. increase funding for the National Endowment Leach Amendment to increase funding for the Madam Chairman, I reserve the bal- for the Arts, NEA, and the National Endow- National Endowment for the Arts and for the ance of my time. ment for the Humanities, NEH. National Endowment for the Humanities. Ms. SLAUGHTER. Madam Chairman, The arts are crucial for the flourishing and In my district in New Mexico, arts and hu- I yield for the purpose of a unanimous development of societies. As our economy manities are a significant part of daily life—the

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3617 name ‘‘Sante Fe’’ conjures up images of Geor- more than a comma in the budget, a cent, the drop off of arts employment was less gia O’Keefe’s beautiful flowers and Ansel rounding error when compared to Fed- than half that rate. Adams’ breathtaking photographs. But arts eral spending in other areas such as de- In my district, there are 1,234 arts-related and humanities programs are also a major fense. businesses that employ over 7,000 people. employer. New Mexico’s third congressional Whether it is the educational value, These businesses range from non-profit muse- district has over 1,700 arts-related businesses the cultural enrichment, or the sub- ums and symphonies to for-profit films and ad- that employ over 5,300 people. This includes stantial economic windfall the arts and vertising companies. The arts business com- the famed Santa Fe Opera, the budding film humanities create, the NEA and the munity serves as a cornerstone for cultural en- industry, numerous respected museums, hun- NEH are two of the best investments richment and the tourist economy. Studies dreds of art galleries, mariachi bands, arts this Nation makes. When we short- show tourists spend 7 percent more than their schools, and more. change the NEA, we ignore the $134 bil- local counterparts on arts events. How can we Many of these artists make use of grants lion in business that the arts generate, deny that is good for the community’s eco- through the NEA and NEH. Unfortunately, the 4.8 million jobs, the $89.4 billion in nomic, social, and creative well-being. NEA and NEH programs remain seriously un- household income, and the $25 billion I would urge my colleagues to join me in derfunded due to past budget cuts. This mod- in tax revenues. A recent RAND study supporting the Slaughter Amendment for est amendment seeks to increase funding for noted the importance of the intrinsic minor increases in NEA and NEH funding. the National Endowment for the Humanities’ benefit of the arts for individuals and Mr. FARR. Madam Chairman, I come to the ‘‘We the People,’’ initiative by $5 million, and communities. floor today in strong support of Slaughter the National Endowment for the Arts’ ‘‘Chal- This modest amount asks only to re- amendment to the FY06 Interior Appropria- lenge America’’ program by $10 million. In store the funding level the House sup- tions Act that will increase funding for the Na- congressional terms, these amounts are a blip ported last year, but that was stripped tional Endowment of the Arts by $10 million and for the National Endowment for the Hu- on the budget screen. But in terms of what during conference. It is the very least manities by $5 million. Even with these in- they mean to these programs and the con- we should do today. I urge my col- creases, the funding level for the NEA will still stituents who benefit from them, such in- leagues to support this amendment and be $40 million below the FY 1994 level, and creases are incredibly helpful, and can mean to vote against any attempts to slash the funding level for the NEH will be $30 mil- the survival of numerous arts and humanities funding from the arts and humanities that may be offered in other amend- lion below the FY 1994 level. programs around the country. This amendment is needed to continue the I often hear from New Mexicans who attest ments. Mr. TAYLOR of North Carolina. critical work of the NEA and the NEH in pro- to the effectiveness of the We the People ini- viding Americans with access to the arts, and tiative in strengthening youth understanding Madam Chairman, I yield 30 seconds to the gentlewoman from Connecticut an understanding of American culture, legacy, and appreciation of American history and cul- history, and civics. By funding the arts and hu- ture. We the People helps all of us become (Mrs. JOHNSON). (Mrs. JOHNSON of Connecticut asked manities in every congressional district and more aware of our past, our values, and our giving priority to rural and underserved com- institutions. I believe this effort is crucial for and was given permission to revise and extend her remarks.) munities, the NEA and the NEH ensure that the progress of our country. Americans across the country can discover In addition to economic benefits of the arts, Mrs. JOHNSON of Connecticut. Madam Chairman, I rise in strong sup- and share these treasures while instilling a recent studies have shown the significant im- sense of historical and cultural heritage in their pact that arts education can have on at-risk port of this amendment. Certainly if we do not do a better job of educating children. These funding increases will help en- youth. The YouthARTS Development Project sure that future generations continue to have recently conducted a study showing that stu- our children in the arts, we will be a Nation of poor spirit and little under- the opportunity to explore the creative worlds dents who are exposed to arts education show of arts and humanities. standing. It is really through the arts an increased ability to express emotions ap- In addition to providing important cultural ex- that we understand how destructive is propriately, communicate effectively with periences nationwide, the NEA and the NEH adults and peers, and to work cooperatively greed. also support economic growth and tourism na- with others. They also show decreased fre- Mr. MCGOVERN. Mr. Chairman, I rise in tionwide. The non-profit arts industry gen- quency of delinquent behavior, improvement in support of this amendment. I commend Con- erates $134 billion in economic activity, sup- attitudes toward school, higher self-esteem, gresswoman SLAUGHTER and Congressman porting $4.85 million full time equivalent posi- and much lower dropout rates. These pro- SHAYS for all of their hard work supporting the tions. In my district there are 1,801 arts re- grams are working, and we must make sure arts and humanities through the Congressional lated businesses which employ 5,370 employ- we continue to fund them. Arts Caucus. ees. Many of these businesses receive grants I thank my colleagues for offering this Mr. Chairman, this a very modest amend- from the NEA and play crucial roles in increas- amendment and I urge a ‘‘yes’’ vote. ment. Indeed, I would support significantly ing tourism in my district. Events like the Mon- Ms. SLAUGHTER. Madam Chairman, greater increases for both the National, En- terey Jazz festival and the Cabrillo Music Fes- I yield for the purpose of a unanimous dowment for the Arts and the National Endow- tival bring tourists to my district to enjoy these consent request to the gentleman from ment for the Humanities. The reason is quite cultural experiences, and our local businesses Oregon (Mr. WU). simple—these agencies are good for the Third directly benefit from this influx. (Mr. WU asked and was given permis- District of Massachusetts and for every com- I urge all of my colleagues to support in- sion to revise and extend his remarks.) munity across the country. creases in funding for the NEA and the NEH Mr. WU. Madam Chairman, I rise in Nationwide, nonprofit arts industries gen- and to oppose any proposal to cut these valu- support of the Slaughter/Shays/Dicks/ erate $134 billion annually in economic activ- able programs. Leach/Price amendment. ity, support 4.85 million fulltime equivalent Mr. MORAN of Virginia. Madam Chairman, jobs, and return $10.5 billion to the Federal let me share with you two recent experiences b 1315 Government in taxes. Measured against $1.4 that confirm why we should support the Ms. SLAUGHTER. Madam Chairman, billion in direct Federal cultural spending that Slaughter-Shays-Dicks-Leach-Price amend- I am pleased to yield the balance of my is a return of nearly eight to one. Frankly, ment to increase funding for the National En- time to the gentleman from New York there aren’t many industries that I can think of dowment for the Arts. (Mr. NADLER). with those kinds of returns. A few weeks ago, I had the privilege of join- Mr. NADLER. Madam Chairman, I The mid-90s brought drastic funding cuts to ing NEA chairman Dana Gioa at the Folger rise in strong support of the amend- Federal arts and humanities programs, and it Theater to help judge young high school stu- ment to increase funding for the NEA is now more important than ever to keep fund- dents in a poetry recitation contest. As one of and the NEH. Without this amending stable. By adding $10 million for NEA and the judges, I had to pick a winner, but I can ment, the continued flat funding the $5 million for NEH, arts businesses will be tell you there were no losers. It was plainly President requested this year will real- able to reinvest into their creative enterprises evident all were winners. Each student pro- ly amount to another cut. I wish we and back into the community. Between 2004 vided a masterful performance, had presence could return to the days of the first and 2005, growth in the number of arts busi- and demonstrated a clear and impassioned President Bush when the arts were nesses outpaced total business growth by 5.5 understanding of the work he or she pre- funded at $175 million. The amount we percent vs. 3.8 percent. During this time, when sented from some of the English language’s are asking for today amounts to little the total number of U.S. jobs shrank 1.9 per- best poets.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3618 CONGRESSIONAL RECORD — HOUSE May 19, 2005 It was a memorable evening. But as much performances, exhibits and productions are in- In my district alone, nearly 120,000 people as I enjoyed it, I know it left an even stronger troduced to a greater share of America. are employed by the museums, theaters, art impression on the student and the families Support the arts, support the NEA and the galleries and other arts organizations that I am and friends who joined them. That evening at NEH, support the Slaugher-Shays-Dicks- proud to represent. In fact, with over 8,000 the Folger Theater brought us all to a common Leach-Price amendment. arts-related organizations, including the Metro- point of a shared experience where barriers Ms. HERSETH. Madam Chairman, I am politan Museum of Art, the Museum of Modern and pretenses were cast aside and humanity pleased that the amendment offered by my Art, and the American Ballet theater, my dis- and understanding prevailed. esteemed colleagues Ms. SLAUGHTER, Mr. trict has the third highest number of arts-re- Last week I had a conversation with a re- SHAYS, Mr. DICKS, Mr. LEACH, and Mr. PRICE, lated business in the country. For my constitu- tired school teacher who volunteers as a do- passed today by a voice vote. The amend- ents, and for all Americans, the arts mean cent providing school tours at the National ment offered on behalf of the Arts Caucus, will business. Gallery of Art. She was upset because of a increase funding for the National Endowment Because such a modest increase in funding decision by the gallery to suspend the volun- for the Arts and the National Endowment for would bring the arts and jobs to so many peo- teer-led tours for a year while a new program the Humanities by $10 million and $5 million ple, I strongly support the Slaughter-Shays- is developed. It didn’t make sense to me and respectively. I am a strong supporter of the Dicks-Leach amendment, and I urge my col- I agreed to help. National Endowments for the Arts and Human- leagues to do the same. During our talk, she mentioned how art at ities, and I enjoy a strong working relationship Mr. TAYLOR of North Carolina. the gallery had touched a young student she with South Dakota’s arts community. As a Madam Chairman, I yield back the bal- had led. He was a recent immigrant who had member of the Arts Caucus, I am proud to ance of my time. come from a very troubled land. His English support our amendment, which represents an The Acting CHAIRMAN (Mrs. was limited and broken but he was able to say important step towards providing these agen- BIGGERT). The question is on the to her that the tour had helped calm his inner cies with the funding they need to continue amendments offered by the gentle- turmoil and as he put it, ‘‘helped make some providing critical support for literary, design, woman from New York (Ms. SLAUGH- of the hurt go away.’’ performing arts, and cultural projects in South TER). Art touches people in ways words cannot Dakota and across the country. The amendments were agreed to. describe. The dividend this Nation receives Another agency that receives funding under Mr. OBEY. Madam Chairman, I move from the Endowment for the Arts far exceeds this bill is the U.S. Forest Service, which has to strike the last word. the investment we make with the limited Fed- the vital responsibility to fight fires on our pub- Madam Chairman, I do not want to lic lands. I recognize the need for wildland fire eral funds. rain on anybody’s parade, but in a In Virginia, the Wolf Trap Performing Arts protection and I strongly believe that Congress sense I do. What we have just witnessed Center has received NEA grants for their na- must provide Federal land management agen- here is our annual Kabuki dance on the tionally recognized artistic and education pro- cies with the resources they need to protect question of the arts. our public resources from fire, as well as the grams. In addition to year-round perform- In the first years that the Repub- lives and property of those who live in and ances, Wolf Trap offers a variety of education licans were in control, they wound up near national forests. It was for this reason programs both locally and nationwide. Its pri- making a very large cut in the arts that I voted in favor of the amendment offered mary education program, the Wolf Trap Insti- program. I offered an amendment in by my colleague, Mr. BEAUPREZ of Colorado, tute for Early Learning Through the Arts, the Appropriations Committee to re- to increase funding for wildland fire protection. store a portion of that cut and that places professional performing artists in pre- Unfortunately, I strongly disagree with the school classrooms nationwide. In classroom amendment was adopted. But the ma- source of funding that Mr. BEAUPREZ chose to jority exercised its power in the Rules residencies, these artists use drama, music utilize, the National Endowment for the Arts, in and movement to teach basic skills and en- Committee and when this bill went to order to fund this wildland fire prevention in- the Rules Committee, the Rules Com- courage active participation and self-esteem in crease. This amendment was soundly de- the earliest stages of learning. Wolf Trap Insti- mittee arbitrarily, unilaterally elimi- feated on the House floor. I believe this was nated my amendment which had been tute Artists also conducts workshops and pres- a function of the offset that the amendment entations throughout the country to dem- adopted by the full committee. But sought to use, and not a lack of support in the then they proceeded to make the exact onstrate to teachers and parents how the arts House for forest fire prevention. It also is an same amendment in order with one dif- can bring new life to learning and literature. indication that we must look for other ways to ference: that amendment was to be of- As we fight for education funding and stand- increase funding for wildland fire prevention. I fered by a Republican, because the ma- ards, how can we look past the significant offer to work with my colleagues in the House jority party wanted to have the issue contribution that performing arts organizations of Representatives in the coming years to both ways. They wanted to be able to like Wolf Trap are making across the country? identify ways to fund increased wildland fire tell their right-wing supporters that This is a time when we must embrace this funding without raiding the important funds of they had cut the devil out of the arts, type of unique programming. the NEA to accomplish that goal. A modest increase in funding for the arts Mrs. MALONEY. Madam Chairman, I rise yet they wanted to tell what few re- and humanities can make a difference cre- today in strong support of the Slaughter- maining moderates were left in their ating new opportunities for hundreds of arts Shays-Dicks-Leach-Price Amendment, which caucus that they could go home with a and humanities organizations and bringing the would provide a much needed increase in rollcall in their pocket bragging about organizations out into the communities. funding for the National Endowment for the the fact that a Republican had par- When the NEA budget has been cut, we Arts and the National Endowment for the Hu- tially restored some of that funding. have seen its dramatic effect on the national manities. That maneuver was enough to give in- arts community and specifically on arts edu- This additional $10 million for the NEA and sincerity and hypocrisy a bad name. cation programs developing at community cen- $5 million for the NEH would help expose our And now what we have seen here ters and in our schools. Now is the time when children to American art, history and culture. today is, I hope, not a repetition of we must invest in the cultural lives of our citi- In addition to the enjoyment and life-enrich- what we saw last year. Because last zens and in our children’s futures. ment that each participant in the arts experi- year, as was pointed out, we had an I cannot fathom how a Nation as rich and ences, the involvement of children in the arts arts funding level which was $49 mil- prosperous as ours could not find it in its heart has been shown to improve reading and lan- lion below where it was at its high to provide a $15 million increase, $10 million guage development, mathematics skills, fun- water mark, $100 million in real terms for the National Endowment for the Arts and damental cognitive skills, motivation to learn, after adjusting for inflation below $5 million for the National Endowment for the and social behavior. where it had been just a few years ear- Humanities. We could eliminate all funding for The Arts and Humanities not only enhance lier. the endowments tomorrow, and the arts and the lives of our children—they also keep our An amendment was offered, $10 mil- humanities would survive. economy strong. Each year, the nonprofit arts lion. Liberals and progressives argued That’s not the issue. industry creates $134 billion dollars in eco- for it. Conservatives argued against it. The grants NEA provides don’t make or nomic activity, generating $24.4 billion dollars The amendment was passed, added $10 break most theater productions, studio exhibi- in tax revenue for our local, state and federal million, everybody got to put out their tions or symphonic performances. What NEA governments, and supporting nearly 5 million press releases; and, guess what, when does with its grants is to ensure that these full-time jobs all across our country. we wound up in conference with the

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3619 Senate, 80 percent of the money was eral land acquisition, which is too Mr. TAYLOR of North Carolina. The stripped out of the bill. So the bill was high. gentleman is correct. In no way should left with a token $2 million increase. Mr. TAYLOR of North Carolina. this study delay or disrupt either phase I just have one observation. I would Madam Chairman, will the gentleman I or II of the planned cleanup of the hope that if the House wants to dem- yield? Hudson River or any other ongoing onstrate the slightest bit of sincerity Mr. FLAKE. I yield to the gentleman Superfund project. I will work with the on this issue, that having adopted this from North Carolina. gentleman to consider modifications to amendment, it will stick to it in con- Mr. TAYLOR of North Carolina. clarify this in the conference agree- ference so that something other than a Madam Chairman, I thank the distin- ment. phony Kabuki dance has taken place on guished gentleman from Arizona for Mr. HINCHEY. I very much thank the floor this year. I know that is quite yielding. the gentleman for his leadership in the a bit to expect given the hypocrisy I certainly agree that PILT is a nec- committee, and I thank him for his re- that often accompanies conferences essary funding item. We have added $30 sponse. There is widespread support for and given the penchant for so many million to it. I agree with the gen- the Hudson River cleanup project, and Members of either body to try to pose tleman that we will make every effort I know the people I represent will be for political holy pictures on some of to do so as we move to conference with relieved to hear the chairman clarify these issues; but nonetheless I would the Senate. As the gentleman from that this report will in no way delay like to express the vain hope that on Wisconsin mentioned a moment ago, phase I or phase II of the Hudson River when you go to the Senate, you cannot occasion some sincerity will be dis- PCB cleanup. I would suggest that if always control what happens. We will played on this issue and that if the the study does proceed, it should be fo- certainly stand by our statements to House adopts an amendment, it really cused on new developments and should decrease the spending on land if we can means it. address the National Academy of Mr. FLAKE. Madam Chairman, I manage that, and we will count on the Sciences’ recommendations. move to strike the last word. House to support us in that area. Mr. TAYLOR of North Carolina. I But I do thank the gentleman for I had planned to offer an amendment thank the gentleman from New York calling this to our attention, and we on this subject, but I will settle for a for his good work on the Hudson River certainly support what he is thinking colloquy with the chairman of the sub- program and for bringing the need for about. clarification of the intent of the study committee. Mr. FLAKE. I thank the gentleman. Before I start, let me just note for to my attention. There will be an amendment coming the record, I am glad to state to my Mr. KENNEDY of Minnesota. Madam up, the Cubin amendment, which will constituents, I would have voted to cut Chairman, I move to strike the last seek to restore a better balance to Fed- the National Endowment for the Arts word. eral land acquisition as opposed to Madam Chairman, as someone who funding and, believe me, want that part PILT funding. of the record. enjoys recreational activities like fish- Let me just point on this map again, ing, boating and hunting and rep- Madam Chairman, the problem we people point to the red State/blue State have in the West is in terms of Federal resents thousands of Minnesotans who issue. The red in this case indicates the do as well, I share a special responsi- land. Looking at my own State of Ari- percentage of Federal land ownership, zona, 48.1 percent Federal ownership. bility to make sure that these opportu- or the incidence of Federal land owner- nities are available for generations to The State of Nevada, 84.5 percent. ship. As my colleagues can see, there is Utah, 57.4 percent. It is going up. The come. Today, many of those activities a lot of red out there. We do not need are threatened by the spread of aquatic problem is, it is going up. You try to as much red. The more red you have, invasive species. We have seen a rapid run a school system in a county where the more red ink that local govern- growth of invasive species in recent the Federal Government owns 80, some- ments have. We need to restore this years, from the Great Lakes, to our times 90 percent, of the land in that imbalance. coastal waters, to local lakes and county, it is tough to have enough tax- Mr. HINCHEY. Madam Chairman, I streams throughout the country. able land to do so. move to strike the last word. In my home State of Minnesota, we The Federal Government has tried to Madam Chairman, I rise to engage have increasingly been challenged to make up for that by what is called the chairman of the Interior sub- find ways to prevent and control dis- PILT, or payment in lieu of taxes, committee in a colloquy dealing with ruptive species like European and where they compensate counties with a some language in the committee report Asian carp. In many areas, invasive high incidence of Federal land, but requiring the Environmental Protec- European carp have found their way there is less of that than there is Fed- tion Agency to fund a national Acad- into Minnesota’s wetlands and lakes, eral land certainly. I would argue here emy of Sciences study concerning the while Asian carp has found its way into and have argued throughout this ap- Hudson River. The language was added the Mississippi River as far north as propriation process that we need to cut to the report unfortunately without Iowa. If not properly addressed, both of Federal land acquisition funding. We the knowledge of those of us who rep- these species threaten to disrupt the have successfully done that. The chair- resent the Hudson River area in New ecosystem that many Minnesotans man of the subcommittee has been co- York State. enjoy for fishing and boating. operative. We have seen a cut there. More than a decade has already been One of the few ways in which Fed- The problem is as soon as we get to the spent studying cleanup alternatives for eral, State and local governments col- Senate, it is negotiated upward once the Hudson River. Therefore, the re- lectively combat the threat of aquatic again, so that PILT funding is not quest for this new study raises con- invasive species is through the State nearly what was authorized, and Fed- cerns. Those of us who live in the re- Aquatic Nuisance Species Management eral land acquisition, we always get gion would like clarification as to what plans. These plans identify activities to more than what we ask for. the impact of this new study would be. eliminate or reduce the environmental, I would just respectfully ask the From what I understand, the report public health and safety risks associ- chairman if he will work within the language in no way is intended to ated with aquatic invasive species. conference to keep the number for Fed- delay, stop, or otherwise disrupt either These activities are implemented by eral land acquisition as low as possible. phase I or phase II of the PCB cleanup States through feasible, cost-effective I understand that the $43.1 million, I planned for the Hudson River which is management policies undertaken in an believe, in the bill now is for land sales slated to begin in the summer of 2006. environmentally sound manner. These that are already in the works. That is Is that the gentleman’s under- plans are available to both individual understandable. But if we could please standing as well? States and affected multi-State re- insist that that not go up any higher. Mr. TAYLOR of North Carolina. gions. In fact, currently 14 States have As we go up and acquire more Federal Madam Chairman, will the gentleman approved plans, and at least 11 other land, we simply make the problem yield? States have plans under development. worse. We exacerbate the problem of Mr. HINCHEY. I yield to the gen- Unfortunately, the resources avail- PILT funding that is too low and Fed- tleman from North Carolina. able to effectively implement these

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3620 CONGRESSIONAL RECORD — HOUSE May 19, 2005 plans fall well short of the mark. This ranks 24th in the country in the num- mental programs and once again points is the third year in a row plans to at- ber of arts businesses and 46th in the to the misplaced priorities of this ad- tack invasive species are funded at country in the number of arts employ- ministration. slightly over $1 million. I very much ees. Since we debated this amendment We need a bill that makes a strong appreciate the work of the chairman last year, there are 113 more arts-re- commitment to protect the environ- and the committee to try to address lated businesses in my district, and ment, our children’s health, and our fu- this very important issue but would that translates into more jobs for my ture. Unfortunately, this bill does not suggest that these limited funds are constituents. Across the country there make that commitment. not enough to counteract the billions are more than 578,000 arts-centered AMENDMENT OFFERED BY MRS. CUBIN of dollars in costs associated with businesses. This is really not a mar- Mrs. CUBIN. Mr. Chairman, I offer an invasive species habitat destruction ginal group. The arts and humanities amendment. and lost recreational opportunities. do constitute the pulse of our Nation. The Clerk read as follows: Supporting this amendment is crit- b 1330 Amendment offered by Mrs. CUBIN: ical and should be noncontroversial. Page 44, line 25, after the dollar amount, Simply put, we must invest more in We already know that the economic insert the following: ‘‘(reduced by these plans if we hope to control the downturn and our budget crisis are $13,000,000)’’. spread of these aquatic pests. crippling arts initiatives all over this Page 45, line 16, after the first dollar I appreciate the chairman’s offering country. Many who are eager to re- amount, insert the following: ‘‘(increased by to work with me. strict funding for the NEA and NEH $12,000,000)’’. Mr. TAYLOR of North Carolina. forget that organizations which receive Mrs. CUBIN (during the reading). Mr. Madam Chairman, will the gentleman grants for these institutions include Chairman, I ask unanimous consent yield? the museums, performing and visual that the amendment be considered as Mr. KENNEDY of Minnesota. I yield arts, film, radio, television, design, read and printed in the RECORD. to the gentleman from North Carolina. publishing, and educational facilities The Acting CHAIRMAN (Mr. Mr. TAYLOR of North Carolina. in all of our districts. SHIMKUS). Is there objection to the re- Madam Chairman, I thank the gen- In Oakland, one of the cities in my quest of the gentlewoman from Wyo- tleman for yielding to me. district, most arts education programs ming? I agree with the gentleman that continue to face extinction, and the There was no objection. invasive species pose a threat to the students in these communities are the Mrs. CUBIN. Mr. Chairman, as the marine environment, and we do provide ones who stand to benefit the most Members know, the Payments in Lieu funds in the bill reported by the Com- from arts education initiatives. of Taxes program, or PILT as it is mittee to address the Invasive Species Performance and visual arts offer called, compensates units of general Act. We have also provided other people of all ages, ethnic and social and government for property taxes that invasive species funds to stop that in economic backgrounds opportunities they otherwise lose due to Federal areas of timber and things coming in for new experiences and constructive ownership of the land within that lo- from imports. For instance, the hem- retreats. For example, the Berkeley- cality. Our local counties then use lock wooly adelgid is one of the based California Shakespeare Theater, these dollars to help fund essential invasive species that are threatening an arts education grants recipient, will services such as law enforcement, one of our species and may wipe it out offer student matinees and Arts Inte- health care, education, firefighting, in plant area. gration programs this year, which sup- and search and rescue. But the gentleman is right, and I will port student achievement and cre- Unfortunately, despite the local ben- work with him to see if we can increase ativity and teacher professional devel- efits to this program in all 50 States, a funding in this area in the conference opment for some of the most under- large majority of the congressional dis- report. I note there are some small in- served communities in my district. tricts’ full funding of PILT, as is au- creases included in the bill for invasive Clearly, a vote against this amend- thorized by law, is simply not a com- species efforts by the Fish and Wildlife ment, which is endorsed by our bipar- mitment that this Congress has been Service also. So we will try to work tisan Arts Caucus, is really a vote willing to meet in the past years. My with him to increase his request. against the vital thread which sustains home State of Wyoming has been de- Mr. KENNEDY of Minnesota. Madam the pulse of our country. The long- nied over $75 million in PILT funding Chairman, reclaiming my time, I would term economic and social impact of a over the past 10 years that would have like to thank the chairman for his minute $10 million increase for the been used to make our communities commitment and look forward to work- NEA and a $5 million increase for the safer, healthier, and cleaner. ing with him to have more resources NEH will be felt for generations. It is I truly appreciate the efforts of the for this vitally important need in the the very least we can do to promote gentleman from North Carolina (Chair- conference report. and preserve American culture and her- man TAYLOR) and the gentleman from Ms. LEE. Mr. Chairman, I move to itage. It should not be controversial. Washington (Mr. DICKS), ranking mem- strike the last word. The facts speak for themselves. If we ber, to restore the PILT funding that Mr. Chairman, I rise in strong sup- cut arts funding, we cut jobs and op- the administration tried to cut. They port of the arts amendment, however, portunities for all. We all need to sup- even went a step further to show their in strong opposition to this bill’s envi- port the Arts Caucus bipartisan amend- support of PILT and added an addi- ronmental shortcomings. ment. tional $3 million over last year’s level. First, I want to applaud the gentle- I am appalled, however, by what this However, this level funding still falls woman from New York (Ms. SLAUGH- bill proposes to do to America’s envi- far short of the authorized level and it TER) and the gentleman from Con- ronment. Once more we are forced to simply is not enough for these commu- necticut (Mr. SHAYS), who are the co- vote on an Interior appropriations bill nities. chairs of our Arts Caucus, and their that is nothing less than an environ- The Cubin-Rahall-Cannon-Udall staffs for their leadership on this issue. mental disaster. This bill cuts funding amendment would add $12 million to Providing for adequate resources to for the EPA by $318 million. This bill PILT by redirecting funds from the De- the National Endowment for the Hu- cuts $241 million for the Clean Water partment of Interior’s management, manities, which is the largest single State Revolving Fund, which is a 37 salaries, and expenses at the higher funder of humanities programs in our percent reduction for California. This levels. Our amendment still does not country, and to the National Endow- bill eliminates $190 million for the bring PILT to full funding, but it ment for the Arts, the infrastructure Land and Water Conservation Fund. would reflect a renewed commitment for private nonprofit and federal arts And this bill fails to make critical in- of Congress to do so by providing ap- initiatives, this should really be a very frastructure investments in our Na- proximately 80 percent of the author- high priority for this body. tional Parks System. ized level for this year’s funding. Mr. Chairman, my district, the Ninth Overall, this bill represents a 3 per- It is also important to emphasize Congressional District of California, cent cut in funding for our environ- that this amendment still allows the

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3621 Department of Interior to spend $10 oming and a number of other col- issue and has worked well with us in million more for administrative costs leagues from the West and from the the past. We are committed to getting than they did in 2005. We are not cut- East in support of this bipartisan full funding for PILT because the counting salaries. We are simply reducing amendment offered by the gentle- ties in rural America and areas where the $23 million increase that they woman from Wyoming (Mrs. CUBIN). they are dominated by the Federal would receive under this bill and in- The amendment would increase fund- Government need that kind of support. stead directing a portion of those funds ing for the Payments in Lieu of Taxes, I have a map beside me here which is back to local counties where every dol- or PILT program, by $12 million. The similar to the map the gentleman from lar will make a real difference on the result would be to bring the bill total Colorado (Mr. UDALL) had just a mo- ground where people live and where for PILT to about 80 percent of the au- ment ago, although we did it in red be- they work. thorized amount. That would not be cause we want to represent the state- So I would like to thank the gen- enough, in my opinion, but it would be ment, so we can see the meaning of a tleman from Utah (Mr. CANNON), the a definite improvement. statement that was made by President gentleman from West Virginia (Mr. RA- PILT payments go to every State ex- Ronald Reagan in 1988. He said: ‘‘I have HALL), and the gentleman from Colo- cept Rhode Island, as well as to the a map. I wish everyone could see it. It’s rado (Mr. UDALL) for co-sponsoring this District of Columbia, Guam, Puerto a map of the United States. And land amendment, as well as the National Rico, and the Virgin Islands, as we see owned by the government is in red, and Association of Counties, the gentleman on the map here. So PILT is a nation- the rest of the map is white. West of from Arizona (Mr. FLAKE), and other wide program, this amendment is im- the Mississippi River, your first glance members of the Western Caucus for the portant for local governments across at the map, you would think the whole leadership that they have shown on the country. But it is particularly im- thing is red the government owns so this issue. It is very important to every portant for Western States because we much property.’’ single State in the country. Short- have the largest amounts of public b 1345 changing local communities by under- lands, again as we can see on the map. funding PILT is simply bad policy, and PILT payments help local governments The government owns so much prop- I hope my colleagues will join me in pay for vital services like firefighting erty. I do not know any place other supporting this amendment. and police protection, construction of than the Soviet Union where the gov- Mr. TAYLOR of North Carolina. Mr. public schools and roads, and search ernment owns more land than ours Chairman, I rise in opposition to the and rescue operations. So it should be does. amendment. something local governments can We have a problem. The Federal Gov- Mr. Chairman, I certainly sym- count on without becoming hostage to ernment owns the bulk of the West. pathize with the gentlewoman and debates over the management of Fed- Half of California is owned by the Fed- other Members who have already spo- eral lands. eral Government. Two-thirds of most ken. I support PILT. In fact, we in- But as things stand now, PILT is nei- of the other States in the West are creased it some $30 million in our bill. ther stable nor dependable because the owned by the Federal Government. And as we indicated with the gen- amount of each year’s payments is de- That means we do not tax those lands, tleman from Arizona (Mr. FLAKE) a few cided by annual appropriations. We and that means that in the western minutes ago, we will certainly do more were reminded about that when the United States, we pay less per child per and we appreciate their bringing it to President’s budget proposed a $26 mil- education, but we tax our people more our attention. per family, because we are supporting But the Department of Interior is re- lion cut in PILT. This would have been devastating for Colorado. So I am glad the Federal Government in this envi- sponsible for one-fifth of the land in ronment. It is only fair that we pay a the United States and manages pro- the Committee on Appropriations rejected this idea, and I applaud them for reasonable amount in lieu of taxes to grams that affect over 4 million Native cover that shortfall. Americans. This amendment would including $230 million in the bill for PILT. However, that is still less than So I urge my colleagues to support eliminate 110 staff positions and dras- this amendment to add a modest sum tically impact the management of nu- the full authorized amount. to the PILT, but a sum that is very, merous important programs, including That is why I support this amend- very important to the American peo- the management of PILT, the very pro- ment and that is why I urge the House ple, those who live in these public land gram that this amendment is intended to adopt it to bring us closer to full areas, and those who enjoy them from to help. The PILT program is managed funding. the rest of the country. using staff from the Department Man- If I can conclude, the gentlewoman of Wyoming mentioned that it is unneces- Mr. TAYLOR of North Carolina. Mr. agement account. Chairman, I yield the balance of my The Interior bill is a balanced bill. In sary to continue debating PILT every time to the gentleman from Wash- developing this bill, The Committee year as a part of the appropriations ington (Mr. DICKS). made a number of difficult choices. If process. She has a bill that would Mr. DICKS. Mr. Chairman, I rise in we had additional resources, I believe phase in full funding for PILT over 3 reluctant opposition to this amend- PILT would be a deserving program years. I have also introduced a bill ment, and I yield myself such time as and I certainly would try to increase with the gentleman from Colorado (Mr. I may consume. it. But I urge my colleagues to defeat SALAZAR) that would provide perma- While I agree that our counties would this amendment. nent automatic funding, and I hope the Mr. Chairman, I ask unanimous con- Committee on Resources will take this wisely use increased PILT payments, I sent that further debate on this amend- up in the near future. think that this bill provides the proper ment, and any amendments thereto, be But in the meantime we should pass funding for PILT, considering the very limited to 10 minutes, to be equally di- this very bipartisan amendment, which tight allocation the subcommittee was vided and controlled by the proponent will help counties all over our great given. Like many of my colleagues who and myself, the opponent. country. represent districts with large amounts The Acting CHAIRMAN. Is there ob- Mrs. CUBIN. Mr. Chairman, I yield 2 of Federal lands not part of the tax jection to the request of the gentleman minutes to the gentleman from Utah base, I understand the difficulties our from North Carolina? (Mr. CANNON). communities face. That is why I have There was no objection. Mr. CANNON. Mr. Chairman, I thank always strongly supported PILT. But I Mrs. CUBIN. Mr. Chairman, I yield the gentlewoman from Wyoming for believe that the $3 million increase such time as he may consume to the yielding me this time. that PILT receives in this bill com- gentleman from Colorado (Mr. UDALL). I would also like to begin by thank- pared to 2005 should be defended, con- (Mr. UDALL of Colorado asked and ing the people who have worked so sidering the many other programs fac- was given permission to revise and ex- hard on this bill, especially the gen- ing cuts. tend his remarks.) tleman from North Carolina (Mr. TAY- In a healthier budget climate, I Mr. UDALL of Colorado. Mr. Chair- LOR), who has been very thoughtful would gladly support funding PILT at man, I rise with my colleague from Wy- about the Payments in Lieu of Taxes an amount higher than the $230 million

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3622 CONGRESSIONAL RECORD — HOUSE May 19, 2005 contained in this bill. Unfortunately, quisition. It has been cut by the chair- The Federal Government makes PILT pay- we are facing a much bleaker budget man down to $43 million. It is still too ments to counties that have Federal lands to reality. much, and particularly when PILT is make up for the revenue local governments Again, I urge a ‘‘no’’ vote on the underfunded. lose because they cannot collect property amendment. Mr. SALAZAR. Mr. Chairman, I rise today to taxes on the Federal lands within their bor- Mr. Chairman, I reserve the balance speak in favor of the Cubin-Rahall-Cannon- ders. Congress has chosen to underfund of my time. Udall Amendment. In 1976, Congress passed these PILT payments—leaving local govern- Mrs. CUBIN. Mr. Chairman, I yield 1 the Payment in Lieu of Taxes Act in an effort ments in nearly every State with less funding minute to the gentleman from West to compensate counties for the loss of prop- for education, law enforcement, firefighting, Virginia (Mr. RAHALL). erty tax revenue that comes with having large search-and-rescue, and other services. In my Mr. RAHALL. Mr. Chairman, I thank tracts of Federal lands within their jurisdiction. congressional district alone, localities have lost the gentlewoman from Wyoming for These important funds help local governments over 48 million dollars in PILT funding be- yielding me this time. meet the needs for schools, road construction cause of inadequate appropriations by Con- Mr. Chairman, I rise in support of the and other infrastructure projects for their resi- gress over the last ten years. pending amendment, and I commend dents. The bipartisan amendment we are dis- the gentlewoman from Wyoming for In my district alone, there are over 17 mil- cussing today would bring the Federal Gov- her leadership on this issue, as well as lion acres of land eligible for PILT payments; ernment’s payments for PILT a bit closer to the gentleman from Colorado (Mr. accounting for $11 million in Fiscal Year 2004. the authorized funding level, helping local gov- UDALL) and the gentleman from Utah In the recent past, Congress has failed to fund ernments in 49 States. (Mr. CANNON). It is always a pleasure PILT to its authorized level, leaving local gov- I encourage you to vote for this bipartisan for me to team up with these distin- ernments with the burden of answering painful amendment, which is a key step toward meet- guished colleagues, and especially my budget decisions. We have seen a great dis- ing Congress’ commitment to our local govern- friend from Wyoming (Mrs. CUBIN), on crepancy between authorized funding levels ments. natural resource issues of importance and the appropriated amounts. In FY 2004, Mr. OTTER. Mr. Chairman, I rise to strike to both of our States. It is true that we PILT was funded to only 67 percent of its au- the required word. are sometimes at odds with each other, thorized level; falling over $100 million dollars One of the greatest responsibilities of rep- that is never a pleasant experience, but short of what the Bureau of Land Management resenting Idaho in Congress is convincing when we do see eye to eye, we can found to be the authorized level. Members who represent other States—particu- make some inroads. Mr. Chairman, this amendment will get us larly those east of the Mississippi River—why Today I find myself the token east- closer to reaching the goal of 100 percent some issues matter to us so much. erner on the bipartisan Cubin-Rahall- PILT appropriation. If adopted, this Congress High among those issues is our unique rela- Cannon-Udall amendment to restore a will fund PILT to its highest level in a decade. tionship with our biggest landlord. Almost two- portion of authorized funding for the The bipartisan PILT Amendment would add thirds of Idaho is federally owned, and there- PILT program. I chose to sponsor this $12 million to PILT by redirecting funds from fore exempt from local property taxes that pay amendment to make a point. PILT is Interior Department overhead. This will help for everything from our children’s schools to as important in the east as it is to the local governments by providing approximately police and fire protection. west. 80 percent of the authorized level for PILT Picking up our Uncle Sam’s slack means in West Virginia, for instance, is heav- while still allowing the Interior Department to the West we each pay higher property taxes ily forested and 919,000 acres are feder- spend $10 million more for administrative and our counties are forced to make tough ally owned with the Monongahela Na- costs than in fiscal year 2005. We will provide choices about essential public services. Coun- tional Forest. PILT payments are ex- small rural counties with the resources nec- ties in Idaho were shorted $75.5 million from tremely important to the forest coun- essary to provide basic services to their resi- 1995 through 2004 alone. That burden is ties, helping them to provide essential dents. heaviest where it can least be borne, in more services to the public. This Congress owes it to Rural America to rural counties with relatively small tax bases. This amendment is about keeping fully fund PILT. I ask my colleagues to support Since almost all the land in the East is pri- faith with our units of local govern- the Cubin-Rahall-Cannon-Udall Amendment to vate, States there have no such concerns. ment who are already being strained to the Interior Appropriations bill. Many Members of Congress from the East, the limit. care little about how tax-exempt Federal land Under the PILT program, the deal is SUMMARY BY COUNTY OF PILT PAYMENTS—COLORADO’S hurts folks in Idaho. They just don’t get it. that the Federal Government will com- 3RD CONGRESSIONAL DISTRICT I am extremely disappointed at the Adminis- pensate these localities for the loss of [Fiscal Year 2004] tration’s FY 06 PILT request of $200 million— a $26.8 million reduction from the FY 05 pay- local tax revenues from Federal lands. Payment (dol- I urge support for the amendment. County lars) Total Acres ment. PILT was funded at $200 million back in Mrs. CUBIN. How much time do I 2001 and is clearly a step backward in a com- Alamosa County ...... $103,015.00 77,592 have remaining, Mr. Chairman? Archuleta County ...... 522,307.00 440,797 mitment to compensate counties for financial The Acting CHAIRMAN (Mr. Conejos County ...... 556,046.00 498,778 burdens imposed on them through an over- Costilla County ...... 1,219.00 887 SHIMKUS). The gentlewoman from Wyo- Custer County ...... 224,555.00 174,173 whelming Federal presence. ming (Mrs. CUBIN) has 30 seconds re- Delta County ...... 166,250.00 405,624 There’s no getting around the need for Dolores County ...... 80,946.00 422,281 maining. Garfield County ...... 1,170,205.00 1,188,113 some of the basic services that property taxes Mrs. CUBIN. Mr. Chairman, I yield 30 Gunnison County ...... 311,753.00 1,636,328 provide on the local level, but there’s no ex- Hinsdale County ...... 72,758.00 676,515 seconds to the gentleman from Arizona Huerfano County ...... 180,690.00 214,966 cuse for having to pay extra for the ‘honor’ of (Mr. FLAKE). Jackson County ...... 97,816.00 515,761 having so much nontaxable Federal land in La Plata County ...... 536,066.00 434,015 Mr. FLAKE. Mr. Chairman, let me Las Animas County ...... 409,384.00 316,559 our counties. The Federal Government has just read this statement. It seems the Mesa County ...... 1,606,962.00 1,563,639 been a deadbeat landlord long enough. Mineral County ...... 80,427.00 524,299 I am very concerned that over the past ten Washington Post has some sympathy Moffat County ...... 317,051.00 1,671,738 for this: ‘‘The Federal Government is Montezuma County ...... 413,306.00 471,828 years, the PILT program has been funded at Montrose County ...... 1,248,681.00 974,793 an annual average of $155 million, while over the largest landowner in Washington. Otero County ...... 240,480.00 181,265 Since the land cannot be taxed, the Ouray County ...... 206,790.00 157,387 the same time period, Federal land acquisition Pitkin County ...... 581,980.00 562,074 funding has averaged more than $347 million. Federal Government is the principal Pueblo County ...... 86,047.00 63,174 contributor to the district’s chronic Rio Blanco County ...... 284,122.00 1,498.114 Why are we buying more land when we can’t Rio Grande County ...... 410,184.00 334,630 make good on the commitments for the land fiscal imbalance.’’ Routt County ...... 462,772.00 665,854 Now, if the Federal Government owns Saguache County ...... 362,613.00 1,292.699 we already have? a lot of land in the District of Colum- San Juan County ...... 40,653.00 214,353 I applaud Chairman TAYLOR for trying to ad- San Miguel County ...... 297,888.00 485,909 bia, believe me, Arizona, Utah, Nevada, District Total ...... 11,072,966.00 17,664,145 dress this problem and recognize the con- California, Colorado, we ought to real- straints he has to work within. Mr. TAYLOR I ly be hurting, because the incidence of Mr. MATHESON. Mr. Chairman, I rise today commend you for recognizing the importance Federal land is so much higher there. in support of this bipartisan amendment, which of this program and for increasing PILT up to The President had initially more would benefit counties and local governments $230 million while at the same time reducing than $200 million for Federal land ac- in 49 States. land acquisitions to roughly $40 million.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3623 However, I think we need to go further and 10 minutes to be equally divided and So I have always supported full fund- zero out all land acquisitions until PILT is fully controlled by the proponent and my- ing of PILT, and I know we cannot get funded and the Federal Government can actu- self, the opponent. there this year. I do appreciate the ally manage the land under its ownership. I The Acting CHAIRMAN. Is there ob- gentleman from North Carolina (Mr. would encourage everyone to vote for the jection to the request of the gentleman TAYLOR) and the gentleman from Wash- Cubin, Rahall, Udall, Cannon amendment and from North Carolina? ington (Mr. DICKS) for what they have give what is due to our rural communities. There was no objection. done for PILT in this bill. They have Ms. HERSETH. Mr. Chairman, I strongly Mr. HEFLEY. Mr. Chairman, I yield moved it forward somewhat. But since support the Cubin-Rahall-Udall amendment myself such time as I may consume. we have all this land, I think we should that seeks to increase funding to the Payment This amendment cuts $15 million give us the funds we need to help take in Lieu of Taxes (PILT) program by $12 mil- from the account of the National En- care of it. lion. This would increase PILT payments to dowment for the Arts and applies $4.8 Mr. Chairman, I urge passage of this local government by redirecting funds from In- million to the payments in lieu of amendment. taxes account. What I wanted to do is terior Department administrative and overhead Mr. Chairman, I reserve the balance make that equal; but it was subject to accounts. This amendment would bring the of my time. a point of order, so this is what we Federal Government’s payments for PILT clos- Mr. TAYLOR of North Carolina. Mr. came up with. It would reduce the NEA er to the authorized funding level, helping local Chairman, I rise to claim the time in account to about the level at which it governments in 49 States, while still allowing opposition. had been funded for about a decade, The Acting CHAIRMAN. The gen- the Interior Department to spend $10 million while bringing PILT just a little bit tleman from North Carolina (Mr. TAY- more for administrative costs than in fiscal closer to its $340 million authorization LOR) is recognized for 5 minutes in op- year 2005. Had the House of Representatives level. position to the amendment. held a recorded vote on this amendment, I Now, I want my colleagues to know Mr. TAYLOR of North Carolina. Mr. would have voted to support it. As it is, the that this is not an NEA-bashing Chairman, I yield 2 minutes to the gen- propriety of this amendment was so clear to amendment. The NEA I think has con- tlewoman from Connecticut (Mrs. my colleagues and me that no Member of the siderably cleaned up its act since the JOHNSON). House of Representatives sought a recorded days of Mappelthorpe and Serrano, and Mrs. JOHNSON of Connecticut. Mr. vote on this issue and it passed by voice vote. the Challenge America grants program Chairman, I rise in opposition to this Along with Interior Appropriations Sub- has helped return the NEA to edu- amendment, recognizing the very seri- committee Chairman TAYLOR of North Caro- cational outreach, the thing that it did ous problems that its proponent seeks lina, I oppose the amendment by Mr. HEFLEY with some success at its founding. to address. But it would be very unwise of Colorado that pertains to PILT funding. As No, this amendment is an acknowl- to cut the budget of the NEA, espe- I mentioned above, I strongly support in- edgment, and we have been hearing a cially after we succeeded in adding a creased PILT funding, but I am opposed to the lot about it this afternoon, but this is little money back to it, because the offset that Mr. HEFLEY would use to pay for his an acknowledgment of the need for the NEA is simply doing a fantastic job amendment. He would pay for those increased PILT program. now of strengthening public arts edu- PILT funds by reducing the allocation for the People have often said to me, you are cation, of strengthening arts institu- National Endowment for the Arts by $15 mil- so lucky to live in the West with all of tions, and of helping arts institutions lion. The Cubin-Rahall-Cannon-Udall uses a the open space and all the public land, to market themselves and strengthen much preferable offset and that is why I voted and I do consider myself lucky because the economies of not only our inner to oppose the Hefley Amendment and why I of that. But people who do not live in cities, but small, rural communities. voice my strong support for the Cubin-Rahall- the public land States do not realize So in Connecticut, the NEA, in con- Cannon-Udall Amendment. sometimes that these public lands and junction with the Connecticut Commis- The Acting CHAIRMAN. The gen- all that open space comes at a cost. My sion on the Arts, has really helped us tleman from Washington (Mr. DICKS) colleagues saw the gentleman from develop the itineraries that we needed still has 4 minutes remaining. Utah’s (Mr. CANNON) map up here with to attract tourism to the small towns Mr. DICKS. Mr. Chairman, I yield the red and so forth showing the public with arts institutions or performing back the balance of my time. lands. East of the Mississippi, there are groups where the agricultural economy The Acting CHAIRMAN. The ques- a few red spots scattered around. West is failing. tion is on the amendment offered by of the Mississippi, it is almost solid In our schools, the HOT schools, (the the gentlewoman from Wyoming (Mrs. red. The West is essentially owned by Higher Order of Thinking schools), CUBIN). the government. have been supported by the NEA, and The amendment was agreed to. For every acre under public owner- have helped children understand that The Acting CHAIRMAN. The Clerk ship, western counties and municipali- not only thinking is a powerful proc- will read. ties lose part of their tax base. In Colo- ess, but original thinking is an extraor- The Clerk read as follows: rado, this amounts to almost 30 per- dinary process children can possess and PAYMENTS IN LIEU OF TAXES cent of the State’s acreage. Of course, use to grow in mind and spirit, as well For expenses necessary to implement the we heard earlier, this pales to the as technical capability. Act of October 20, 1976, as amended (31 U.S.C. about 85 percent of the States’ acreage In 139 of Connecticut’s schools, they 6901–6907), $230,000,000, of which not to exceed in Nevada that is under Federal con- are using the NEA’s Shakespeare in $400,000 shall be available for administrative trol. We have one county in Colorado, American Communities, a free edu- expenses: Provided, That no payment shall be Hinsdale County, that is close to 98 made to otherwise eligible units of local gov- cational kit that really helps kids ernment if the computed amount of the pay- percent public land. You have Lake grasp the power of Shakespeare. Who ment is less than $100. City, the county seat, you have a better can teach children about the AMENDMENT OFFERED BY MR. HEFLEY mountain, and then you have the rest horrendous power of greed to do evil Mr. HEFLEY. Mr. Chairman, I offer of Hinsdale County; and almost all of it and the tremendous opportunity of an amendment. is owned by the government. So serv- love to do good. The Clerk read as follows: ices, as you can imagine, are limited. So the arts are extremely important Services mean fire and police and to the spiritual strength of this Nation, Amendment offered by Mr. HEFLEY: Page 45, line 16, after the first dollar schools and health care and all kinds of the strength of its economy, and the amount, insert the following: ‘‘(increased by things. health and well-being of our children, $4,800,000)’’. There are other more direct costs for the arts provide the power to aspire Page 106, line 9, after the dollar amount, too. Due to Federal underfunding of its to new heights of greatness in each of insert the following: ‘‘(reduced by own land, local municipalities are us. $15,000,000)’’. often asked to bear the cost of road So I must oppose this amendment, Mr. TAYLOR of North Carolina. Mr. maintenance and police coverage for because it drains resources from the Chairman, I ask unanimous consent those areas. All of this, while operating National Endowment for the Arts. that the debate on this amendment and under the diminished tax base that I Mr. HEFLEY. Mr. Chairman, I yield any amendments thereto be limited to mentioned earlier. myself such time as I may consume.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3624 CONGRESSIONAL RECORD — HOUSE May 19, 2005 I think it is interesting that the gen- some language in the committee report Mr. TAYLOR of North Carolina. I tlewoman is from Connecticut. If my requiring the EPA to fund a National thank the gentleman from New York colleagues remember that map, public Academy of Science study. (Mr. SWEENEY) for his good work on the lands are insignificant in Connecticut Mr. Chairman, we have already heard Hudson River cleanup and for bringing by comparison with States in the west that there is language requiring such a the need for clarification of the intent where we have up to 85 or 90 percent of study to determine the effectiveness of the study to my attention. I like for- the land owned by the government. and cost of a large dredging operation ward to working with the gentleman I said at the outset that this is not of hazardous waste sites, many of and learning more about Port Edwards’ an NEA-bashing amendment. The NEA which are contaminated with PCBs. needs. does many good things; but we only I would point out that our colleague, Mr FARR. Mr. Chairman, I move to have so much money, and the com- the gentleman from New York (Mr. strike the last word. mittee knows that is the case. They HINCHEY), who engaged in a colloquy a Mr. Chairman, I would like to engage are the ones that had to struggle with little earlier, stated that there was in a brief colloquy, if you will, on the the allocation they got and they had to strong support for this project. Well, subject of the proposed USGS labora- make tough, tough choices. When you this is a project that has been debated tory in Santa Cruz, California. have to make choices, I think you need for 20 years. In some ways that is an Mr. TAYLOR of North Carolina. Mr. to ask yourself the question, NEA, as overstatement of that support. Chairman, will the gentleman yield? good as it is in some areas, is it better I represent the affected area, and in Mr. FARR. I yield to the gentleman than having the funds to educate your fact it has been an extremely difficult from North Carolina. children in many of those western process for my constituents. However, Mr. TAYLOR of North Carolina. Mr. we all agree that further delay of the States? Is it better than having the Chairman, I would be happy to discuss project is in no one’s best interest. As funds to provide fire protection, to pro- this matter with the gentleman from you have already clarified, the report vide police protection, to take care of California (Mr. FARR). language, Mr. Chairman, in no way is those public lands that are out there? Mr. FARR. Mr. Chairman, as the intended to delay, stop or otherwise Which is better? We have to weigh it chairman is aware, I have raised con- disrupt the cleanup planned for the and balance it. cerns about the plans to build a new Hudson River slated to begin in the The gentleman from Washington (Mr. USGS laboratory in Santa Cruz. Actu- summer of 12006. DICKS) said a while ago that he thought ally I am thrilled to have USGS mov- Further, the EPA has reviewed the ing into my district, but the USGS will they had a pretty good balance. I think language and found no provision that that if you are making these choices, benefit greatly from the synergy of would require them to disrupt the Hud- other local marine science facilities in the balance needs to lean a little bit son River project in any way. Is that more to the PILT. the area, including the University of your understanding, Mr. Chairman? California’s Long Marine Lab and the Mr. Chairman, I reserve the balance Mr. TAYLOR of North Carolina. The United States Government’s National of my time. gentleman is correct. In no way should Marine Fisheries Service Lab. Mr. TAYLOR of North Carolina. Mr. this study delay or disrupt either phase With USGS collocated near these Chairman, I yield myself such time as 1 or 2 of the planned cleanup of the other facilities, I believe the United I may consume. Hudson River, any other ongoing States will have the best marine The amendment increases payments Superfund site, And I know of no party science information anywhere. But in in lieu of taxes $4.8 million and reduces involved that wishes that delay. the National Endowment for the Arts I will work with the gentleman to the development of the plans for the by $15 million. This Interior bill is a consider whether modifications to the lab, we run into contradictory budget balanced bill. In developing this bill, language are needed to further clarify numbers and laboratory configurations the committee made a number of dif- this point. that have dogged final approval for get- ficult choices. If we had additional re- Mr. SWEENEY. Mr. Chairman, I ting this project off the ground, and it sources, I believe PILT would be a de- thank you for that kind offer and clari- has really been a problem. And I appre- serving program, as we have said over fication. Let me just say that it has ciate your consideration of being will- and over again here today. But to un- long been my position that we should ing to work with me to facilitate the balance this bill at this time, I must not debate past decisions no the Hud- meeting of the principals involved in rise in opposition. I encourage my col- son River but look to the future in the this project and resolve some of these leagues to do the same thing. region and focus on protecting those questions once and for all. Mr. Chairman, I yield back the bal- communities most directly affected by Mr. TAYLOR of North Carolina. I un- ance of my time. the cleanup project. derstand the gentleman’s concern over Mr. HEFLEY. Mr. Chairman, I would What has been consistently over- this issue, and appreciate his desire to just encourage an ‘‘aye’’ vote on this looked is the fact that dredging will see the facility built. I would be amendment. have a heavy impact on people’s every- pleased to assist in a meeting with the Mr. Chairman, I yield back the bal- day lives. This is especially true for the gentleman and agency officials on this ance of my time. residents of Fort Edward, New York, matter. The Acting CHAIRMAN. The ques- who will be hosting the dewatering site I thank the gentleman for his com- tion is on the amendment offered by in their community. mitment to this issue. the gentleman from Colorado (Mr. As the representative of that area, I Ms. BORDALLO. Mr. Chairman, I HEFLEY). want to continue to strive to uphold move to strike the last work for the The question was taken; and the Act- their interests and remind others that purpose of entering into a colloquy ing Chairman announced that the noes we are talking about real people and with the gentleman from North Caro- appeared to have it. real neighborhoods, and not just polit- lina (Chairman TAYLOR) regarding ur- Mr. HEFLEY. Mr. Chairman, I de- ical points for some special interest gent construction and maintenance mand a recorded vote. groups. needs for the War in the Pacific Na- The Acting CHAIRMAN. Pursuant to For that reason, I want to thank you tional Historically Park in Guam. clause 6 of rule XVIII, further pro- for a separate report language provi- Mr. Chairman, my district, Guam, is ceedings on the amendment offered by sion which was inserted at my request home to a unique national park. The the gentleman from Colorado (Mr. to address the burden the Hudson River War in the Pacific National Historical HEFLEY) will be postponed. cleanup project is placing on the people Park was established by an act of Con- of Fort Edwards and reiterate my congress in 1978. It is the only site in the b 1400 cern that the EPA do all it can to pro- National Park System that honors the Mr. SWEENEY. Mr. Chairman, I vide assistance to the town. bravery and sacrifices of all of those move to strike the last word. It is my hope that we can jointly who participated in the Pacific theater Mr. Chairman, I rise to engage the work towards that end and meet that of World War II. chairman of the Interior Sub- important goal as the appropriation Among the seven units of park and committee in a colloquy dealing with process continues. its features is a memorial wall at the

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3625 Asan Bay Overlook as that preserves gentleman from North Carolina (Mr. each such account to be withdrawn upon the and honors for perpetuity the 1,642 TAYLOR) and the gentleman from Wash- express written request of the account hold- names of Chamorro and American cas- ington (Mr. DICKS) to address this seri- er: Provided further, That not to exceed ualties who suffered or died during the ous situation. $50,000 is available for the Secretary to make payments to correct administrative errors of war in Guam. The Acting CHAIRMAN (Mr. either disbursements from or deposits to In- The memorial wall was authorized by SHIMKUS). The Clerk will read. dividual Indian Money or Tribal accounts an act of Congress in 1993 and today is The Clerk read as follows: after September 30, 2002: Provided further, in dire need of repair and restoration. CENTRAL HAZARDOUS MATERIALS FUND That erroneous payments that are recovered Mr. Chairman, my home island of For necessary expenses of the Department shall be credited to and remain available in Guam, as many of my colleagues know, of the Interior and any of its component of- this account for this purpose. is vulnerable to tropical intense weath- fices and bureaus for the remedial action, in- INDIAN LAND CONSOLIDATION er conditions. cluding associated activities, of hazardous For consolidation of fractional interests in In December of 2003, one of the most waste substances, pollutants, or contami- Indian lands and expenses associated with re- powerful typhoons to ever strike hit nants pursuant to the Comprehensive Envi- determining and redistributing escheated in- ronmental Response, Compensation, and Li- Guam with over 200-mile per hour wind terests in allotted lands, and for necessary ability Act, as amended (42 U.S.C. 9601 et expenses to carry out the Indian Land Con- gusts. Many elements of the park were seq.), $9,855,000, to remain available until ex- casualties of this storm. In the after- solidation Act of 1983, as amended, by direct pended: Provided, That, notwithstanding 31 expenditure or cooperative agreement, math of Supertyhpoon Pongsona, the U.S.C. 3302, sums recovered from or paid by $34,514,000, to remain available until ex- service was forced to close the Park a party in advance of or as reimbursement pended, and which may be transferred to the Visitors Center, which had been leased for remedial action or response activities Bureau of Indian Affairs and Departmental for several years and which has not yet conducted by the Department pursuant to Management accounts: Provided, That funds been reopened or replaced. The memo- section 107 or 113(f) of such Act, shall be provided under this heading may be expended credited to this account, to be available rial wall, in particular, has suffered pursuant to the authorities contained in the until expended without further appropria- provisos under the heading ‘‘Office of Special since it was originally constructed and tion: Provided further, That such sums recov- has deteriorated to unacceptable condi- Trustee for American Indians, Indian Land ered from or paid by any party are not lim- Consolidation’’ of the Interior and Related tions. ited to monetary payments and may include Agencies Appropriations Act, 2001 (Public We are now commemorating the 60th stocks, bonds or other personal or real prop- Law 106–291). anniversary of the War in the Pacific, erty, which may be retained, liquidated, or NATURAL RESOURCES DAMAGE ASSESSMENT otherwise disposed of by the Secretary and and the need to repair and restore this AND RESTORATION memorial wall deserves the support of which shall be credited to this account. NATURAL RESOURCE DAMAGE ASSESSMENT FUND the service and this Congress. Of a OFFICE OF THE SOLICITOR To conduct natural resource damage as- SALARIES AND EXPENSES more long term but just as deserving a sessment and restoration activities by the need is the construction of an appro- For necessary expenses of the Office of the Department of the Interior necessary to priate contact facility for the park to Solicitor, $55,340,000. carry out the provisions of the Comprehen- provide for the visitor experience and OFFICE OF INSPECTOR GENERAL sive Environmental Response, Compensa- the interpretation of the war. SALARIES AND EXPENSES tion, and Liability Act, as amended (42 Mr. Chairman, I am extremely dis- For necessary expenses of the Office of In- U.S.C. 9601 et seq.), Federal Water Pollution appointed that the service’s budget re- spector General, $39,566,000. Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (Public quest failed again this year to ade- OFFICE OF SPECIAL TRUSTEE FOR AMERICAN Law 101–380) (33 U.S.C. 2701 et seq.), and Pub- INDIANS quately take into account these needs. lic Law 101–337, as amended (16 U.S.C. 19jj et It is my hope that these projects, par- FEDERAL TRUST PROGRAMS seq.), $6,106,000, to remain available until ex- ticularly the memorial wall, will re- For the operation of trust programs for In- pended. ceive greater attention and higher pri- dians by direct expenditure, contracts, coop- ADMINISTRATIVE PROVISIONS erative agreements, compacts, and grants, ority from the service as they allocate There is hereby authorized for acquisition $191,593,000, to remain available until ex- discretionary funds in fiscal year 2006 from available resources within the Working pended, of which not to exceed $58,000,000 as they prepare the fiscal year 2007 and Capital Fund, 15 aircraft, 10 of which shall be from this or any other Act, shall be available future budget requests. for replacement and which may be obtained for historical accounting: Provided, That I would appreciate the help of the by donation, purchase or through available funds for trust management improvements excess surplus property: Provided, That exist- gentleman from North Carolina (Chair- and litigation support may, as needed, be ing aircraft being replaced may be sold, with man TAYLOR) and the gentleman from transferred to or merged with the Bureau of proceeds derived or trade-in value used to Washington (Mr. DICKS) in ensuring Indian Affairs, ‘‘Operation of Indian Pro- offset the purchase price for the replacement that the service budgets appropriately grams’’ account; the Office of the Solicitor, aircraft: Provided further, That no programs ‘‘Salaries and Expenses’’ account; and the for the needs of the War in the Pacific funded with appropriated funds in the ‘‘De- Departmental Management, ‘‘Salaries and National Historic Park. partmental Management’’, ‘‘Office of the So- Expenses’’ account: Provided further, That Mr. TAYLOR of North Carolina. Mr. licitor’’, and ‘‘Office of Inspector General’’ funds made available to Tribes and Tribal or- Chairman, will the gentlewoman yield? may be augmented through the Working ganizations through contracts or grants obli- Ms. BORDALLO. I yield to the distin- Capital Fund: Provided further, That the an- gated during fiscal year 2006, as authorized nual budget justification for Departmental guished gentleman from North Caro- by the Indian Self-Determination Act of 1975 Management shall describe estimated Work- lina. (25 U.S.C. 450 et seq.), shall remain available ing Capital Fund charges to bureaus and of- Mr. TAYLOR of North Carolina. I until expended by the contractor or grantee: fices, including the methodology on which thank the gentlewoman from Guam Provided further, That, notwithstanding any charges are based: Provided further, That de- other provision of law, the statute of limita- (Ms. BORDALLO) for raising the budget partures from the Working Capital Fund es- tions shall not commence to run on any issues. The committee recognizes the timates contained in the Departmental Man- claim, including any claim in litigation uniqueness and development needs of agement budget justification shall be pre- pending on the date of the enactment of this the War in the Pacific National Histor- sented to the Committees on Appropriations Act, concerning losses to or mismanagement for approval: Provided further, That the Sec- ical Park in Guam. of trust funds, until the affected tribe or in- retary shall provide a semi-annual report to We will work with the National Park dividual Indian has been furnished with an the Committees on Appropriations on reim- Service to remedy this situation. I accounting of such funds from which the bursable support agreements between the Of- thank the gentlelady for her efforts beneficiary can determine whether there has fice of the Secretary and the National Busi- been a loss: Provided further, That, notwith- and look forward to continuing to work ness Center and the bureaus and offices of standing any other provision of law, the Sec- with her on this matter in the future. the Department, including the amounts retary shall not be required to provide a Ms. BORDALLO. Mr. Chairman, I billed pursuant to such agreements. quarterly statement of performance for any thank the gentleman for his commit- GENERAL PROVISIONS, DEPARTMENT OF THE ment to the National Park Service and Indian trust account that has not had activity for at least 18 months and has a balance INTERIOR for his comments and concerns regard- of $1.00 or less: Provided further, That the SEC. 101. Appropriations made in this title ing the War in the Pacific National Secretary shall issue an annual account shall be available for expenditure or transfer Historical Park in Guam. I look for- statement and maintain a record of any such (within each bureau or office), with the ap- ward to continuing to work with the accounts and shall permit the balance in proval of the Secretary, for the emergency

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3626 CONGRESSIONAL RECORD — HOUSE May 19, 2005 reconstruction, replacement, or repair of air- south of 26 degrees north latitude and east of making fertilizer in America, and all of craft, buildings, utilities, or other facilities 86 degrees west longitude. them are looking offshore to produce or equipment damaged or destroyed by fire, AMENDMENTS OFFERED BY MR. PETERSON OF fertilizer. Ninety thousand chemical flood, storm, or other unavoidable causes: PENNSYLVANIA jobs, some of the best paying jobs in Provided, That no funds shall be made avail- Mr. PETERSON of Pennsylvania. Mr. able under this authority until funds specifi- the industrial sector we have left. cally made available to the Department of Chairman, I offer amendments, and I Polymers and plastics are all looking the Interior for emergencies shall have been ask unanimous consent that they be to move offshore. exhausted, and must be replenished by a sup- considered en bloc. The production of natural gas on the plemental appropriation which must be re- The Clerk read as follows: Outer Continental Shelf is not looked quested as promptly as possible. Amendments offered by Mr. PETERSON of at as an environmental threat by Can- SEC. 102. The Secretary may authorize the Pennsylvania: ada, they sell us gas that they produce, expenditure or transfer of any no year appro- Page 53, line 12, insert ‘‘oil’’ after ‘‘off- priation in this title, in addition to the the UK, Norway, Australia, New Zea- shore’’. amounts included in the budget programs of land, all countries with environmental Page 53, line 20, strike ‘‘and natural gas’’ . the several agencies, for the suppression or Page 54, line 3, strike ‘‘and natural gas’’. records. Eighty-five percent of our gas emergency prevention of wildland fires on or reserves are locked up by moratorium. threatening lands under the jurisdiction of The Acting CHAIRMAN. Is there ob- the Department of the Interior; for the emer- jection to the consideration of the b 1415 gency rehabilitation of burned-over lands amendments en bloc? Why? It is the clean fuel. As I said under its jurisdiction; for emergency actions There was no objection. before, no docks, CO2 one-fourth as related to potential or actual earthquakes, The Acting CHAIRMAN. The Chair much. It is the bridge to hydrogen. It floods, volcanoes, storms, or other unavoid- recognizes the gentleman from Penn- able causes; for contingency planning subse- could be bridging us in the transpor- quent to actual oil spills; for response and sylvania (Mr. PETERSON) for 5 minutes. tation field like school buses, transpor- natural resource damage assessment activi- Mr. TAYLOR of North Carolina. Mr. tation systems, taxicabs, delivery ties related to actual oil spills; for the pre- Chairman, I ask unanimous consent trucks, easily changeable to natural vention, suppression, and control of actual that all debate on this amendment and gas if it was affordable and we had ade- or potential grasshopper and Mormon crick- all amendments thereto be limited to quate supply. et outbreaks on lands under the jurisdiction 20 minutes, 10 minutes to the pro- Natural gas is 25 percent of our en- of the Secretary, pursuant to the authority ponent and 10 minutes to an opponent, in section 1773(b) of Public Law 99–198 (99 ergy use today. If we had an adequate Stat. 1658); for emergency reclamation myself. supply, it could be the friendly bridge, projects under section 410 of Public Law 95– The Acting CHAIRMAN. Is there ob- the environmentally friendly bridge, to 87; and shall transfer, from any no year funds jection to the request of the gentleman lead us to hydrogen, give us time for available to the Office of Surface Mining from North Carolina? stronger conservation measures, grow- Reclamation and Enforcement, such funds as There was no objection. ing use of renewables and less depend- may be necessary to permit assumption of Mr. PETERSON of Pennsylvania. Mr. ence on oil today. regulatory authority in the event a primacy Chairman, I yield myself such time as State is not carrying out the regulatory pro- A gas well is not an environmental visions of the Surface Mining Act: Provided, I may consume. threat. It is a 6-inch hole that is ce- That appropriations made in this title for Mr. Chairman, my amendment will mented at the top and cemented at the wildland fire operations shall be available remove the words ‘‘natural gas’’ from bottom with a steel casing, and it lets for the payment of obligations incurred dur- the moratorium that has been in every gas out. Canada produces in our Great ing the preceding fiscal year, and for reim- Interior bill, I am told, for 20 some Lakes and sells the gas to us with no bursement to other Federal agencies for de- years, unbeknownst to many Members environmental impact. struction of vehicles, aircraft, or other of this Congress, that prohibits the De- When we look at this map, and this is equipment in connection with their use for partment of Interior from leasing or my concluding comment, the natural wildland fire operations, such reimbursement to be credited to appropriations cur- subleasing lands on the Outer Conti- gas and oil, when we buy $50 oil, the rently available at the time of receipt there- nental Shelf, our greatest reserve for whole world buys $50 oil; but in natural of: Provided further, That for wildland fire op- natural gas. gas we are at $7. Europe is at $5-some- erations, no funds shall be made available The number one economic challenge thing. Japan and China are 4-some- under this authority until the Secretary de- facing America was not addressed in thing, and then we look at a dollar, 90 termines that funds appropriated for our energy bill, in my view and the cents in Russia. Where are industries ‘‘wildland fire operations’’ shall be exhausted view of many, because we did not ade- going to grow? They are not going to within 30 days, and must be replenished by a quately deal with the clean fuel, the grow here. supplemental appropriation which must be requested as promptly as possible: Provided fuel that has no NOX, no SOX, the least This is the most important amend- further, That such replenishment funds shall CO2, the clean-burning fuel, natural ment we will consider, in my view, in be used to reimburse, on a pro rata basis, ac- gas, that can be our bridge to the fu- this part of Congress. Natural gas is a counts from which emergency funds were ture. tragedy happening, and we can stop it transferred. It is threatening home ownership, by lifting the moratorium. SEC. 103. Appropriations made to the De- folks. 76 percent increase in oil prices, Mr. Chairman, I reserve the balance partment of the Interior in this title shall be 176 percent increase in natural gas of my time. available for services as authorized by 5 prices. Here is what one of our leading U.S.C. 3109, when authorized by the Sec- Mr. TAYLOR of North Carolina. Mr. retary, in total amount not to exceed employer group says: America has a Chairman, I yield my 10 minutes to the $500,000; hire, maintenance, and operation of new energy crisis. This time it is the gentleman from Florida (Mr. YOUNG) aircraft; hire of passenger motor vehicles; runaway price of natural gas. and ask unanimous consent that he purchase of reprints; payment for telephone Congress must act now to ease the control the 10 minutes of time. service in private residences in the field, natural gas crisis of this Nation’s frag- The Acting CHAIRMAN (Mr. when authorized under regulations approved ile economic recovery, or it will return SHIMKUS). Is there objection to the re- by the Secretary; and the payment of dues, to recession. Every recession since quest of the gentleman from North when authorized by the Secretary, for li- World War II has been preceded by a brary membership in societies or associa- Carolina? tions which issue publications to members run-up in energy prices and none of the There was no objection. only or at a price to members lower than to run-up in prices have equaled the run- Mr. DICKS. Mr. Chairman, I would subscribers who are not members. up in natural gas prices. like to have some time on this side, if SEC. 104. No funds provided in this title It is threatening small business. It is we could have 5 minutes of the 10 min- may be expended by the Department of the the fastest increase in the cost of edu- utes, if we could work that out. Interior for the conduct of offshore cation. It is the fastest increase in the Mr. YOUNG of Florida. Mr. Chair- preleasing, leasing and related activities cost of our hospital health care. It is man, is the gentleman in opposition to placed under restriction in the President’s moratorium statement of June 12, 1998, in the greatest threat to our farm com- this amendment? the areas of northern, central, and southern munity with exploding fertilizer costs. Mr. DICKS. Yes, I am in opposition. California; the North Atlantic; Washington And because fertilizer factories use so Mr. YOUNG of Florida. Mr. Chair- and Oregon; and the eastern Gulf of Mexico much natural gas, 21 of them have quit man, we appreciate that. We have only

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3627 a total of 10 minutes to state our oppo- one percent of the undiscovered, uneco- State officials—including Florida Governor Jeb sition. So how about 4 minutes? nomically recoverable natural gas in Bush and California Governor Arnold Mr. DICKS. Four minutes would be the OCS is located in the central and Schwarzenegger—have endorsed the mora- fine. western Gulf of Mexico where drilling toria. And, the House of Representatives has Mr. YOUNG of Florida. Mr. Chair- is currently allowed and under way. voted three times in recent years to stop new man, I yield 4 minutes to the gen- This amendment means drilling in drilling in the waters off Florida, California and tleman from Washington (Mr. DICKS) the coastal areas of the United States the entire Outer Continental Shelf. This for the purposes of control. where there is not a whole lot of gas amendment is bad policy and reflects the mis- The Acting CHAIRMAN. Without ob- and oil, where tens of millions of our guided attempt to try and drill our way out of jection, the gentleman from Wash- citizens have made it clear they do not energy problems. ington (Mr. DICKS) will control 4 min- want any more gas drilling, and it Mr. Chairman, the United States has 3 per- utes. means gutting the Presidential-con- cent of the known resources but we account There was no objection. gressional moratoria that had been in for 25 percent of demand. Despoiling all of our Mr. YOUNG of Florida. Mr. Chair- for decades, reaffirmed by Presidents coastal areas in the fruitless search for ‘‘en- man, I yield myself 3 minutes, and de- George H.W. Bush, Clinton, George ergy independence’’ isn’t going to work. spite the eloquence of the gentleman Bush, every Congress since 1982. State Coastal communities continue to speak—in from Pennsylvania (Mr. PETERSON), my officials have also endorsed the mora- strong bipartisan voices—to protect their friend, who makes this amendment toria, including Governor Bush, Gov- State’s sensitive coastal resources and pro- sound really attractive, I must rise and ernor Schwarzenegger. ductive coastal economies. They are too eco- express the objection of the Committee This House has voted three times in nomically valuable to risk with more drilling. It on Appropriations to this amendment. recent years to stop the oil drilling in takes only one accident or spill to devastate This amendment is no better than waters off Florida, California, and the the local marine environment and economy. the amendment offered in full com- entire OCS. I urge my colleagues to de- Mr. PETERSON suggests that his amendment mittee which would have taken $50 mil- feat this amendment. would be limited to exploration for natural gas lion from very important environ- Mr. Chairman, I rise in strong opposition to only, and that this approach would somehow mental protection issues and transfer the Peterson amendment. This amendment avoid the risks of offshore oil drilling. There it to this fund to create an inventory of would gut the longstanding, bipartisan morato- are serious flaws with this theory. There is vir- gas and oil. The fact of the matter is, rium that currently protects some of the Na- tually no way to explore only for natural gas we cannot afford to remove the envi- tion’s most sensitive coastal and marine without exploring for oil. ronmental protection in this bill, and areas. These moratoria areas include Cali- Moreover, natural gas development also has we do not need the inventory that the fornia, Florida and the Eastern Gulf of Mexico, substantial and long-lasting impacts, including gentleman from Pennsylvania (Mr. PE- Oregon, Washington, New England, and the noise, water and air pollution. And it impacts TERSON) talks about. This amendment entire Atlantic Coast. This amendment is an the tourism and fishing industries. opens all coasts to new drilling. attack on the moratorium, and an attack on Mr. Chairman, last Congress, 56 Repub- The oil companies, the energy com- the rights of coastal States and local govern- licans and 172 Democrats voted to protect the panies, the gas companies themselves ments to raise legitimate objections to offshore OCS Moratorium. In that vote, the House already have this inventory, as does development that affects their coastlines. demonstrated its commitment to protecting our the Minerals Management Service at Mr. Chairman, this amendment is a bad vital coastal communities. A vote against this the Department of the Interior. We al- idea for a number of reasons, not least be- amendment is the same thing—a vote to pro- ready know about this. cause it is completely unnecessary. Pro- tect coastal areas from new drilling. We need The truth of the matter is, this would ponents of the amendment say that we need to reject these attempts to weaken existing just be a raid on the environmental to drill offshore to put an end to high energy protections for our coastal waters. issues to fund something that does not prices. The only problem with this argument is I urge my colleagues to oppose this amend- need to be done. the moratoria areas aren’t where the re- ment. The committee is opposed to this. sources are. The Minerals Management Serv- ASSESSMENT OF UNDISCOVERED TECHNICALLY The Committee on Energy and Com- ice conducts a resources survey every five RECOVERABLE OIL AND GAS RESOURCES OF merce have debated this in the past, years. The latest comprehensive analysis as- THE NATION’S OUTER CONTINENTAL SHELF, have rejected similar amendments; and sessment was finished in 2003. This assess- 2003 UPDATE I hope that we will do the same thing ment includes estimates of undiscovered oil Using a play-based assessment method- today, that we will reject this par- and natural gas that is conventionally and eco- ology, the Minerals Management Service es- ticular amendment. nomically recoverable. timated a mean of 76.0 billion barrels of un- Mr. Chairman, I reserve the balance We already know, for instance, that 81 per- discovered recoverable oil and a mean of of my time. cent of the Nation’s undiscovered, economi- 406.1 trillion cubic feet of undiscovered recoverable natural gas in the Federal Outer Mr. DICKS. Mr. Chairman, I yield 1 cally recoverable natural gas on the OCS is Continental Shelf of the United States. minute to the gentlewoman from Cali- located in the Central and Western Gulf of INTRODUCTION fornia (Mrs. CAPPS). Mexico—where drilling is currently allowed (Mrs. CAPPS asked and was given This assessment represents an update of and underway. selected basins of the Federal Outer Conti- permission to revise and extend her re- The amendment would mean drilling in nental Shelf (OCS). Assessments of the en- marks.) coastal areas of the United States where there tire OCS were made by the Minerals Manage- Mrs. CAPPS. Mr. Chairman, I thank isn’t a whole lot of oil and gas and where tens ment Service (MMS) in 1995 and 2000 (MMS, the gentleman for the time. of millions of our citizens have made it clear 1996 and MMS, 2001). The next MMS assess- Mr. Chairman, I rise in strong opposi- that they don’t want any more drilling. ment of the entire OCS is scheduled for com- tion to the Peterson amendment. This Mr. Chairman, a little history might be in pletion in mid 2005. Areas selected for this amendment guts the long-standing bi- order here. In 1990, President George H.W. update included those where significant new partisan moratorium that currently Bush announced an executive moratorium discoveries were made, such as parts of the protects the Nation’s most sensitive Gulf of Mexico, and areas where new geologi- ending new drilling off California, Oregon, cal concepts have been developed, such as coastal and marine areas, areas includ- Washington, Florida and the entire East the Atlantic OCS margin and the North ing California, Florida, the eastern Coast. President Clinton extended it to 2012. Aleutian Basin of Alaska. Results from this Gulf of Mexico, the Pacific Northwest, Both actions were met with widespread ac- selective update were combined with the New England, and the entire Atlantic claim by a public that knows how valuable— year 2000 assessment results from other coast. It is completely unnecessary. environmentally and economically—our coast- areas to yield the regional totals presented Proponents say that we need to drill lines are. And, of course, Congress has sup- here. offshore to put an end to the high en- ported these actions for the last 20 years by The MMS utilizes a probabilistic play- ergy prices. The only problem with this based approach to estimate the undiscovered restricting MMS from spending funds to sup- technically recoverable resources (UTRR) of argument is that the moratoria are not port any new drilling or pre-drilling activities in oil and gas for individual plays. This meth- where the resources are. these areas. odology is suitable for both conceptual plays MMS released its latest OCS re- In addition, President George W. Bush en- where there is little or no specific informa- sources survey just last year. Eighty- dorsed both moratoria in his FY 06 budget. tion available, and for developed plays where

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there are discovered oil and gas fields and RESOURCE SUMMARY These values represent a 1 percent increase considerable information is available. After in oil resources and a 12.1 percent increase in The MMS estimated that 76.0 billion bar- estimation, individual play results are ag- gas resources when compared with MMS’s rels of oil and 406.1 trillion of cubic feet of gregated to larger areas such as basins and 2000 assessment. The increases are due to gas are technically recoverable from the U.S. regions. changes in the assessments of the Atlantic Federal OCS. These results are presented by and Gulf of Mexico OCS areas. Both the Alas- This assessment is limited to technically area in table 1, which lists mean values as ka and Pacific OCS area resource estimates recoverable undiscovered resources of oil and wells as the 95th and 5th percentile values are essentially unchanged from 2000. The in- gas. Unlike MMS’s 1995 and 2000 assessments, representing high and low probability cases, creases also account for the approximately 2 it does not contain economic analyses of respectively. Greater range between the high Bbbl oil and 8 Tcfg that were discovered and what portion of these technically recover- and low values indicated higher uncertainty moved to the reserves category during this able resources are commercially viable. in the estimates. time period. TABLE 1.—UNDISCOVERED TECHNICALLY RECOVERABLE RESOURCES OF THE OCS

Undiscovered technically recoverable resources UTRR oil (Bbbl) UTRR gas (Tcf) UTRR BOE (Bbbl) F95 Mean F5 F95 Mean F5 F95 Mean F5

Alaska OCS ...... 16.6 25.1 35.9 54.6 122.1 226.2 28.0 46.9 72.1 Atlantic OCS ...... 1.9 3.5 5.3 19.8 33.3 50.6 5.4 9.4 14.3 Gulf of Mexico OCS ...... 31.5 36.9 44.0 208.9 232.5 267.6 68.7 78.3 91.6 Pacific OCS ...... 4.4 10.5 21.8 7.4 18.2 38.2 5.7 13.7 28.6 Total OCS ...... 62.1 76.0 93.0 326.2 406.1 520.0 122.0 148.3 180.4 (Bbbl, billion barrels of oil, Tcf, trillion cubic of gas. F95 indicates a 95 percent chance of at least the amount listed, F5 indicates a 5 percent chance of at least the amount listed. Only mean values are additive.)

In the Atlantic OCS area significant new you have ever come to Long Beach, you The coastal estuaries are important knowledge and information was gained as a better bring kerosene with you if you passages for endangered salmon, result of recent drilling in the Scotian basin go on our beaches. Because you take steelhead, essential haulouts for seals offshore Canada. Applying this new informa- your dog or you walk along those and sea lions, and prolific nurseries for tion led to adjustments to risks applied to previous defined plays, and to the definition beaches, the bottom of your feet are hundreds of aquatic species. of new plays resulting in increased estimates solid oil. You go poking holes in that, The coastal communities in my dis- for oil and gas UTRR of 52 percent and 19 the economy of California is critical to trict rely on tourism and the fishing percent respectively over MMS’s 2000 study. tourism. industry that could be severely hurt if Gulf of Mexico OCS oil resources have re- We have the best beaches, better offshore oil drilling and gas drilling mained flat while gas resources have in- than Washington State. We have the were permitted off our coasts. creased by over 20 percent relative to MMS’s best weather, and we invite you to The people who live in my district do 2000 study. This increase is attributed pri- come spend your money in California, not and will not support offshore drill- marily to plays in the deep shelf areas of the Central and Western Gulf of Mexico, and to but you are not going to come if we ing. They realize that we need an en- the Eastern Gulf of Mexico. Results of new start poking holes in the bottom of the ergy policy that focuses on invest- drilling and discoveries led to revisions of Pacific along the coast as the gentle- ments in energy efficiency and renew- plays and their associated risks that signifi- woman from California (Mrs. CAPPS) able energy sources, not oil rigs, not an cantly increased gas resources. This is espe- says. endless depletion of our natural re- cially true for conceptual plays where valu- I know the heart and the effort of the sources. able insights into the presence of source gentleman that is offering this amend- Mr. Chairman, here we go again. For some rock, maturation, migration, trapping, and ment, and I know why he is doing it reason, the Majority Party feels that if we just reservoir facies were gained. and I empathize with him, but it would keep drilling for more gas then our emergency REFERENCES destroy the California economy and en- crisis will be over. Unfortunately, they aren’t Minerals Management Service (MMS), 1996: vironment as well as our beaches. looking for a solution to our energy crisis and An Assessment of the Undiscovered Hydro- We have got beautiful lagoons. We carbon Potential of the Nation’s Outer Con- rising gas prices, instead, they are looking to tinental Shelf, OCS Report MMS 96–0034. have got the most beautiful lagoons in line the pockets of big oil companies by sup- —, 2001: Outer Continental Shelf Petroleum the world, and wetlands. I am not an porting offshore oil drillings. Assessment, 2000, OCS Report MMS 2001–036, extreme environmentalist, but those Let’s not forget the irrevocable damage to 12 p. are, no kidding, true wetlands; and the our environment that offshore drilling causes. Mr. YOUNG of Florida. Mr. Chair- National Academy of Science says This devastation can be seen in the Gulf of man, I yield 2 minutes to the distin- whether you are drilling for oil or gas Mexico where OCS pipelines crossing coastal guished gentleman from California off the California coast, you are going wetlands are estimated to have destroyed (Mr. CUNNINGHAM). to, not maybe, you are going to hurt more coastal sale marsh than can be found in Mr. CUNNINGHAM. Mr. Chairman, I the wildlife, you are going to destroy the stretch of coastal land running from New would like to associate my comments those lagoons, and then we are going to Jersey through Maine. with the gentlewoman from California end up like Long Beach with oil all It sounds like the author of this amendment (Mrs. CAPPS). over our beaches and hurt our econ- doesn’t understand the need to preserve our The proponents of this say that it is omy. beautiful coastlines. oil and gas. We are not talking oil. If So I oppose the gentleman’s amend- But, the people that I am so fortunate to you want to poke a hole in the ground ment. represent in Marin and Sonoma counties do in Oklahoma or you want to do it in Mr. DICKS. Mr. Chairman, I yield 1 understand. They get it. land or even in ANWR, where they minute to the gentlewoman from Cali- The coast of Marin and Sonoma County in have the technology not to cause the fornia (Ms. WOOLSEY) who also cares my district is one of the most biologically pro- spills, that is fine. I will support you, deeply about this issue. ductive regions in the world. or clean coal, I will support you. Ms. WOOLSEY. Mr. Chairman, actu- While it compromises only one percent of I understand the plight the farmers ally, it sounds like the author of this the ocean, it is home to 20 percent of the have with the cost of natural gas and amendment does not quite understand world’s fish. The coastal estuaries are impor- the fertilizer problem that they have. I the need to preserve our beautiful tant passages for endangered salmon and will work with the gentleman on that coastline. steelhead, essential haulouts for seals and as well. The coast of Marin and Sonoma sea lions, and prolific nurseries for hundreds They say, well, let us do it in the counties, my district, is one of the of aquatic species. Gulf of Mexico, so we are going to do to most biologically productive regions in The coastal communities in my District rely Mexicans what we want to do for us? If the world. While it comprises only 1 on tourism and fishing—industries that could you poke a hole in the Earth, you are percent of the ocean, it is home to 20 be severely hurt if offshore drilling was per- going to get oil up. I do not know if percent of the world’s fish. mitted off of our coast. If you were to visit this

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High natural gas renewable energy source, not oilrigs and the man, I yield 1 minute to the distin- prices are hurting our Nation’s busi- endless depletion of our natural resources. guished gentleman from Florida (Mr. nesses, who are laying off families and Mr. Chairman, I urge my colleagues to join SHAW). breadwinners. me in opposing the Peterson amendment. Mr. SHAW. Mr. Chairman, I thank This is simply about supporting an Mr. PETERSON of Pennsylvania. Mr. the gentleman for yielding me this amendment that will provide environ- Chairman, I am pleased to yield 1 time, and I stand in vigorous opposi- mentally safe and sound production of minute to the gentleman from Florida tion to this amendment or any amend- natural gas off the eastern Gulf Coast, (Mr. MICA). ment similar to this. something we are already doing off the Mr. MICA. Mr. Chairman, I am here The point has been made that you Texas and the Louisiana coast. And to to support the long overdue Peterson can drill for gas safely. When you start my friend, the gentleman from Cali- amendment. drilling, you do not know what you are fornia (Mr. CUNNINGHAM), I have I come from Florida. We will not hear going to get. You do not know whether walked on Texas beaches since I was 2 a lot of folks talk about this. It is a hot you are going to get gas or oil, and the years old and have yet to end up with political issue. All of us are equally environmental problems here are im- black-bottom feet because of oil on our concerned about preserving the envi- mense. beaches. ronment. Thanks to the gentleman from Flor- Mr. Chairman, this can be done in a Since my days in the legislature, I ida (Mr. YOUNG), we have had this mor- positive way. But most importantly we have always supported the safe and en- atorium in place since 1983. We need to need to send a message to the OPEC vironmentally sound development and leave it in place. The environmental nations that we are tired of a handful exploration of natural gas off the coast studies and testimony that would be of OPEC oil ministers putting their of Florida. I helped participate in the required in order to negate any chance hands around the necks of family budg- development of the section 181 prohibi- of pollution must be gone through be- ets and businesses here in America. Mr. YOUNG of Florida. Mr. Chair- tions. I oppose oil drilling. We can safe- fore this House ever considers such a man, I yield 1 minute to the gentleman ly extract natural gas. bill. For all of the 1990s, and many of my from Florida (Mr. MILLER). So I would urge all the Members to Mr. MILLER of Florida. Mr. Chair- colleagues were here, our policy was to vote against lifting this moratorium. It man, I thank the gentleman for yield- convert coal and oil-generating plants is reckless. It is reckless to the envi- ing me this time. to natural gas, and we have done that ronment of Florida. It is a bad environ- We hear a lot of conversation today in over 30 of our plants in Florida, and mental vote, and I recommend its de- here on the floor about national secu- we have got more coming online. feat. rity and not depending upon foreign My colleagues saw that we pay just Mr. PETERSON of Pennsylvania. Mr. sources of oil and gas. Let me just say about double the price. This not-in-my- Chairman, I yield 1 minute to the gen- that this particular issue is in fact a backyard does not cut it. We can keep tleman from Nebraska (Mr. OSBORNE). national security issue. it offshore, but we can still do it sound- Mr. OSBORNE. Mr. Chairman, I Most of the focus we hear, obviously, ly and safely. thank the gentleman for the time. is on the potential environmental im- I support the amendment. It seems like there is quite a bit of pacts and impacts on tourism and all of Mr. PETERSON of Pennsylvania. Mr. discrepancy here in our information. the environmental things we enjoy Chairman, I yield 1 minute to the gen- Many of us believe that natural gas can along our coasts in Florida and in Cali- tleman from Hawaii (Mr. ABER- be extracted without endangering the fornia. But let me just say that the CROMBIE). environment. I happen to be on that biggest impact that could happen with Mr. DICKS. Mr. Chairman, could the side of the issue. oil and natural gas, drilling or explo- Chair give us a breakdown of the time. We have continually increased our ration in the eastern Gulf of Mexico is The Acting CHAIRMAN. The gen- emphasis and our dependence on nat- a potential to harm our ability to test tleman from Washington State (Mr. ural gas, and yet our supply has re- and evaluate all of the Air Force weap- DICKS) has 2 minutes remaining. The mained stagnant. We have tried to put onry that is used around the globe. gentleman from Pennsylvania (Mr. PE- in the pipeline from Alaska. That has In fact, let me read a quote to you. TERSON) has 5 minutes remaining be- been stalled. ‘‘Wilbert Patterson, Brigadier General, fore yielding, and the gentleman from Currently, we are paying 600 percent United States Air Force, June of 2000. Florida (Mr. YOUNG) has 3 minutes re- more for natural gas than many other We are deeply concerned over the con- maining. nations in the world. Those living on struction of any oil or gas structures The gentleman from Hawaii (Mr. fixed incomes are being eaten up by that could impact on our critical test ABERCROMBIE) is recognized. these costs. programs performed by the Air Arma- Mr. ABERCROMBIE. Mr. Chairman, I In the area of agriculture, we find ment Center at Eglin Air Force Base.’’ want to speak in favor of this. that pumping fuel is 20 percent higher This is an issue of national security. I have spent 15 years here trying to this year. We are going to need 10 to 12 We have to be able to test in the Gulf develop alternative sources of energy cents more per bushel of grain in order ranges and this drilling will harm that so we are not victimized by oil. We to offset the increasing cost of gas and testing. have a safe extractive method here fertilizer. This is the margin that most Mr. DICKS. Mr. Chairman, I yield 1 with natural gas. We have encouraged farmers rely on. That puts them into minute to the gentleman from Florida it. We want to get to alternative ener- an unprofitable situation. (Mr. DAVIS), who is deeply concerned gies. This is one of the alternative en- So I rise in support of this amend- about this issue, as well as his col- ergies, and it has a direct effect on the ment. I believe it can be done in an en- leagues from California. working people of this country. vironmentally safe and sensitive way, Mr. DAVIS of Florida. Mr. Chairman, I will tell my colleagues, I think this and it does make sense. I rise in opposition to this amendment. is a jobs issue. This is a blue collar The argument that has been made in issue. This is a family issue in terms of b 1430 support of the amendment is that the bringing down prices and getting a safe Mr. PETERSON of Pennsylvania. Mr. price of natural gas is increased to the supply of fuel for this country. If we do Chairman, I yield 1 minute to the gen- consumer. And we should address this not get into this kind of alternative, tleman from Texas (Mr. EDWARDS). as a Congress. But one of the points we are going to be struck forever in Mr. EDWARDS. Mr. Chairman, hard- that has been overlooked here today is rhetoric and not being able to produce working American families are paying that this Congress passed an energy for our people, not just fuel but a high price at the gas pump today be- bill that provided initial financial in- produce it in a way that is truly alter- cause of our Nation’s dependence upon centives to drill in the central and

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We have to bring in the parties the coast of Florida. It has been sug- and gas production and coastal tourism are and give people good information about gested Florida should follow the stand- mutually exclusive is just plain wrong. They what this is all about. That was not ards of Texas with respect to our are acting like Chicken Little, and cannot point done. This amendment came up for the beaches. The beaches in Florida are a to one beach in Texas that has been ruined first time in the full committee. pristine treasure not to be experi- by oil or natural gas production. So I believe just on process this mented with. There will be less need for LNG facilities amendment should be defeated, and I The truth of the matter is nobody and LNG tankers when we tap our own off- would tell the gentleman from Penn- here on the floor of the House knows shore resources so we can use the safest sylvania that we should take a look at what the risk is if you drill. This mode of transportation in the world—pipelines. this. The committee should have some amendment may say gas, but it is To address the needs of American families, oversight hearings. But to come here about gas and oil. Because once you we need a 3 pronged strategy. First, we need now without having those hearings, the start drilling, you get what you get more production and infrastructure to meet our benefit of those hearings, and to when you drill. So we should not sac- needs of today and tomorrow. present this and reverse 25 years of rifice or risk the Florida beaches or the Second, we need more conservation to Presidential and Congressional co- California beaches to get a small pro- keep our economy going as resources be- operation would be a serious mistake. portion of gas that can be more easily come more competitive globally. So I oppose the amendment. achieved, and which this Congress is Third, we need more research to transition Mr. Chairman, I yield back the bal- promoting through deepwater drilling our economy to future sources of energy, for ance of my time. in the central and western coast. a time when petrochemicals are only used for Mr. PETERSON of Pennsylvania. Mr. Mr. PETERSON of Pennsylvania. Mr. materials, and not as an everyday fuel. Chairman, I yield myself such time as Chairman, I yield 30 seconds to the Supporting only long-term solutions and I may consume to ask the gentleman if gentleman from Texas (Mr. GENE conservation is just not enough. It might be we had hearings before it was put in GREEN). easier if it was, but we need to do more for this bill 20 years ago and every year in (Mr. GENE GREEN of Texas asked today’s energy problems. We will need contin- a row? No. and was given permission to revise and ued American energy production for some Mr. Chairman, I yield 30 seconds to extend his remarks.) time. the gentleman from New Mexico (Mr. Mr. GENE GREEN of Texas. Mr. My point is not that we can drill our way to PEARCE). Chairman, opening up the Offshore cheap oil or drill our way to energy independ- Continental Shelf will save $300 billion (Mr. PEARCE asked and was given ence. If we allow domestic production to die permission to revise and extend his re- in natural gas costs over 20 years for out, conservation and research will not save our consumers and manufacturers. It is marks.) us, and we will have to pay a terrible eco- Mr. PEARCE. Mr. Chairman, I rise to not just for businesses, but to heat and nomic price. cool our homes we use natural gas. If support the amendment. I made my liv- I urge my colleagues to support oil and gas ing in the oil and gas business. And to we do not explore and produce off our production in the Outer Continental Shelf. potential, whether it be California, the Mr. PETERSON of Pennsylvania. Mr. correct an earlier statement, you can eastern Gulf of Mexico, or anywhere Chairman, I yield 30 seconds to the determine what you are going to drill for. You can determine that you are else, we are going to continue to be gentleman from California (Mr. DOO- going to put oil at the surface or you held up by the world price. Our con- LITTLE). sumers will pay for it. Mr. DOOLITTLE. Mr. Chairman, I are going to put gas at the surface. Mr. Chairman, I like the beaches in apologize to my good friend, the gen- That is to correct the record. Texas, I like them in Florida and Cali- tleman from California (Mr. We are in a world economy, and we fornia, but I also know we need to use CUNNINGHAM), but I have always sup- are losing our jobs. These jobs are our natural resources. ported the oil and gas exploration. Our 100,000 a year-plus jobs when we lose Supply and demand for energy is out of economy demands it, and I believe this them out of the chemical industry and whack and our Nation needs more energy. can be done safely. It is a jobs issue, it the fertilizer industry. I was in the in- The Federal Government tried to mandate de- is about lowering the price of energy, dustry when the price went from $2 to mand reduction in the last energy crisis and it and I strongly urge support for the Pe- $50. We will drill this gas. We will sim- contributed to a nationwide recession we do terson amendment. ply do it before or after we lose our not want to repeat. Mr. PETERSON of Pennsylvania. Mr. jobs. We will do it before or after peo- A recent Gallup poll found that half of family Chairman, I yield 30 seconds to the ple have to give up their homes to heat budgets have been seriously affected by the gentleman from Iowa (Mr. KING). them. recent rise in energy prices. (Mr. KING of Iowa asked and was Mr. YOUNG of Florida. Mr. Chair- Opening the OCS could save $300 billion in given permission to revise and extend man, what is the status of the remain- natural gas costs over 20 years, for con- his remarks.) ing time? sumers and manufacturers. High natural gas Mr. KING of Iowa. Mr. Chairman, I The Acting CHAIRMAN (Mr. costs are sending manufacturing jobs over- thank the gentleman for yielding me SHIMKUS). The gentleman from Florida seas, following the cheap gas. this time. (Mr. YOUNG) holds the remaining time Environmentally conscious nations like Nor- I would point out that Iowa and the of 1 minute. way, Denmark, Canada, Japan and the UK Corn Belt are held hostage to the price Mr. YOUNG of Florida. Mr. Chair- are safely and successfully producing natural of natural gas in two ways. It is our man, I yield myself the balance of my gas from their coastal waters. input cost for nitrogen fertilizer. Nine- time. No nation can produce energy more respon- ty percent of the cost is the cost of Again, I represent the strong position sibly than ours. I have been on oil and gas natural gas. The other side is that we of the committee in opposition to this rigs and they have such few discharges into use it to dry grain. amendment. The committee has con- the ocean, a medium sized fishing boat will We have to have a full energy pic- sidered this many, many times before leak more in a year. ture. I congratulate the gentleman for and determined that this moratorium This amendment is a major opportunity for bringing this amendment, fully support should stay in place. It started in 1983. us to respond to today’s energy crisis with a it, and I urge adoption of it. There have been attempts to change it national solution. I feel justified in supporting Mr. DICKS. Mr. Chairman, I yield since then unsuccessfully. this amendment because I am from a coastal myself such time as I may consume, We cannot solve the energy problems district. My constituents feel the same way as and I rise in opposition to this amend- of America and the world in an appro- I do on this issue. ment. priation bill. Those issues should be

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3631 settled in an energy bill, and the en- Mr. PETERSON of Pennsylvania. Mr. State and Federal agencies have al- ergy bill that was before us did not in- Chairman, I demand a recorded vote. ready determined that air quality in clude this amendment because it just The Acting CHAIRMAN. Pursuant to the Columbia River Gorge is signifi- does not work. clause 6 of rule XVIII, further pro- cantly degraded and that visibility is So, representing the committee, and ceedings on the amendments offered by impaired 95 percent of the time within the minority has indicated, as indi- the gentleman from Pennsylvania (Mr. this national scenic area. Also, accord- cated by the gentleman from Wash- PETERSON) will be postponed. ing to the United States Department of ington (Mr. DICKS), we are opposed AMENDMENT OFFERED BY MR. WU Agriculture Forest Service Pacific strongly to this amendment and hope Mr. WU. Mr. Chairman, I offer an Southwest Research Station, this area that the Members will reject it. amendment. suffers acid rain and fog as severe as Mr. KING of Iowa. Mr. Chairman, I rise The Clerk read as follows: what falls in industrial cities such as today to urge my colleagues to vote in favor Amendment offered by Mr. WU: Los Angeles, Pittsburgh, and New of the Peterson Amendment to end the 20 Immediately after Sec. 104 insert the fol- York. year moratoria on natural gas production from lowing: Mr. Chairman, States such as Or- the outer continental shelf and Gulf of Mexico. None of the funds in this or any other Act egon, Nevada, Louisiana, Rhode Island, High natural gas prices have not only af- shall be used to permit class III gaming activities under the Indian Gaming Regulatory and South Dakota derive State taxes fected the 61 percent of U.S. households that Act on non-reservation Indian land. from casinos, slot machines, and lot- use natural gas for heating and cooking, but Mr. TAYLOR of North Carolina. Mr. teries for more than 10 percent of their America’s small businesses, including agri- Chairman, I reserve a point of order on overall State revenues. Oregon must culture. The agricultural industry depends on the gentleman’s amendment. not become further dependent on gam- natural gas for crop drying, irrigation, heating, Mr. WU. Mr. Chairman, I thank the bling. In all the States I listed, budg- farm buildings, food processing and nitrogen chairman and the ranking member, but etary problems persist and gambling fertilizer production. I am deeply concerned about a possible does not solve their problems. We Undoubtedly, the most demanding use of Indian gambling casino in the Colum- should not sacrifice our national treas- natural gas by the farm sector is in the pro- bia River Gorge National Scenic Area. ures, our communities, or our souls duction of nitrogen fertilizer. It accounts for 90 I have had these concerns for at least 7 upon the alter of Indian casino gam- percent of total costs of producing fertilizer. years, and I am extremely disappointed bling. The surge in natural gas prices over the last in recent developments. The Governor Mr. Chairman, I yield to the gen- four years has been a key reason why nitro- of Oregon signed a compact with this tleman from Pennsylvania (Mr. DENT). gen fertilizer costs have jumped by nearly 50 tribe on April 6 and it was presented to b 1445 percent at the farm level. This problem is not the Department of the Interior on going away on its own, a recent report by Mr. DENT. Mr. Chairman, I look for- April 8. ward to having an opportunity to work Iowa State University estimates that farmers I have been consistent in my position can expect to pay 20 percent more for fer- with my colleagues from Oregon and and I have privately informed the Con- tilizer this year than they did last year. California in the near future in order federate Tribes of the Warm Springs Nitrogen fertilizer is an essential component to address the expansion of casino gam- in today’s high-yielding agriculture and ac- Reservation and Governor Kulongoski bling to off-reservation sites. counts for more than 40 percent of the total and his predecessor Governor Kitzaber I thank the gentleman for allowing energy input per acre of corn harvested. The throughout my congressional career me to address this issue of concern to importance of nitrogen to crop production can that I specifically do not support a ca- my district. In my Pennsylvania dis- be illustrated by the fact that it is applied to 96 sino in the Columbia River Gorge Na- trict, the Delaware tribes of Oklahoma percent of all corn acres, 86 percent of all tional Scenic Area, and that generally have filed suit in order to acquire the wheat acres and 80 percent of all cotton I oppose off-reservation gaming casi- right to establish a casino. Their claim acres. According to data from the University of nos. is based on a conveyance that allegedly Illinois, without nitrogen fertilizers, corn yields I have persisted in suggesting to the occurred in 1737 before our Nation’s would reduce by one-third to one-half. Warm Springs Tribe that they consider independence. The land that they claim This 20 year moratorium has created a sup- a new location on reservation land is home to at least 25 local families, ply squeeze for natural gas. On one hand, along a highly traveled route, namely and also contains the Binney and electric utilities and other industries have been Highway 26, between Portland, Oregon, Smith manufacturing plant, the maker influenced to move away from using our plen- and Bend, Oregon. This particular proof Crayola crayons. These tribes, who tiful supplies of coal and towards the use of posal came to the Federal Government are based out of State, are only inter- natural gas. Natural gas has been the fuel of on April 8, and it is necessary that I ested in seeing working and senior choice for more than 90 percent of the new weigh in now. I am asking Secretary Pennsylvanians gamble away their electric generation to come online in the last Norton to disapprove the Tribal-State hard-earned dollars. They are not con- decade. At the same time, access to natural compact, because this casino will hurt cerned about the valuable manufac- gas is limited due to environmental policies. the Columbia River Gorge, other tribes turing jobs jeopardized as a result of Clearly we can’t have it both ways. and all Oregonians. the displacement caused by this casino, Our family farmers are already efficient. I understand the Secretary intends to or the fact that Binney and Smith/ Since 1980, they have increased efficiency by approve this compact, but that only Crayola makes a useful product loved 35 percent while still boosting corn yields by starts the process. I am here to tell the by children all over the world. 40 percent. But they need Congress to Secretary and the Tribe that Congress I am concerned about this kind of produce the kind of policies that enable them will not be silent while the crown jewel reservation shopping, and I look for- to access the resources they need at a rea- of Oregon’s natural heritage gets ward to working with my colleagues sonable price. trashed. I have been a supporter of pre- from California and Oregon and Michi- American agriculture is being held hostage serving the Columbia River Gorge Na- gan and elsewhere in order to limit to high natural gas prices, yet we have a plen- tional Scenic Area and I will continue these tribes’ ability to build new casi- tiful supply right here in the United States. A to do so. nos on properties not contiguous to ex- vote in favor of the Peterson Amendment will A casino of this magnitude will bring isting reservations or on those lands be a vote for agriculture. over 3 million non-Gorge-related visi- where ownership is based solely on a Mr. YOUNG of Florida. Mr. Chair- tors per year, a million cars per year to conveyance that predates the existence man, I yield back the balance of my the area, and exacerbate traffic, pollu- of our Nation. time. tion, and risks to endangered species in Mr. EHLERS. Mr. Chairman, I move The Acting CHAIRMAN. The ques- the Columbia River Gorge National to strike the last word. tion is on the amendments offered by Scenic Area. I am pro-Gorge, and I am Mr. Chairman, I thank the gentleman the gentleman from Pennsylvania (Mr. troubled that there is a possibility of for this discussion about casinos. I PETERSON). disturbing this crown jewel of Oregon’s want to relate a similar problem that The question was taken; and the Act- natural heritage. I will actively oppose we have in my area in Michigan, not ing Chairman announced that the noes this proposal and do everything I can directly in my district, but it impinges appeared to have it. to protect the Gorge. on my district.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3632 CONGRESSIONAL RECORD — HOUSE May 19, 2005 I believe it is high time that the Con- Mr. Chairman, I rise in opposition to But to move an amendment like this gress address this particular problem. this amendment proposed by my col- with very little notice, if any, on an The difficulty my area is a case of a league from Oregon. I only wish I had appropriations bill, I would dare say, is tribe which does not live in the area in known in advance the gentleman was not appropriate. which it is seeking to have land placed going to offer this amendment because POINT OF ORDER in trust for it in a community that it is specifically targeted toward my Mr. TAYLOR of North Carolina. Mr. welcomes it because they think that district, a tribe in my district, that is Chairman, I make a point of order there will be economic development. seeking to gain approval of a compact against the amendment because it pro- But, in fact, it is going to have serious and take land into trust. poses to change existing law and con- impact on areas in my district and on Warm Springs Tribe is not a family stitutes legislation in an appropria- surrounding communities. of five that has gone out shopping tions bill and therefore violates clause Obviously, it is going to be a high- somewhere in some other State for 2 of rule XXI. The rule states in perti- traffic area, with a need for new roads, land. There are 4,400 tribal members nent part: ‘‘An amendment to a general and of course the casinos do not pay who are suffering on the reservation. appropriations bill shall not be in order any tax. There will be no tax on the They have worked diligently with the if changing existing law.’’ The amend- land, and this results in a good deal of communities involved. They have land ment imposes additional duties. problems that the local communities in the Scenic Columbia River Gorge I ask for a ruling from the Chair. and state will not have the funds to that is in trust and was in trust prior The Acting CHAIRMAN (Mr. take care of. to the passage of IGRA, and it is on a SHIMKUS). Does any Member wish to be I believe it is very important to put hillside where they have plans where heard on the point of order? a limitation on off-reservation gam- they could build, and they could do Mr. WU. Mr. Chairman, I would in- bling and on cases where a tribe moves that today. quire of the chairman as to whether into an area which is nowhere near its But that land would scar the beauty the chairman would permit the gen- of the Scenic Columbia River Gorge, home and claims that to be an area tleman from Oregon (Mr. WALDEN) and where they can have land placed in which is my home and has been my me to engage in a discussion of the trust, and they then build casinos and home all of my life. This tribe, instead, merits of the amendment. other facilities. looked to another area, and my col- The Acting CHAIRMAN. At this It creates particular problems, for ex- league from Oregon suggests that the point debate is on the point of order. ample, for merchants who may be run- area they looked at is the crown jewel The gentleman from Oregon may not ning a supermarket or a gas station, of the gorge. yield to another for discussion on the Mr. Chairman, this is port property and suddenly there is somebody new in point of order. The Chair will hear each zoned for industrial use, leveled out town who is offering the same services, Member on his own time in debate on with dredge tailings from the construc- but does not have to pay taxes. This is the point of order. a totally unfair proposition for the tion of the second lock at Bonneville local businesses that are there. In that Dam, all right, as opposed to an area PARLIAMENTARY INQUIRY sense, I support the effort to put some up on a side hill that is timbered and Mr. WU. Parliamentary inquiry. regulation on this. beautiful where they already have The Acting CHAIRMAN. The gen- I am not rising in support of the land. So they worked with the local tleman may state his parliamentary amendment. I have been involved in community which supports them locat- inquiry. discussions with the previous speakers, ing there. They reached a compact Mr. WU. What is the scope of discus- and they have much the same problems with the Democratic Governor in a sion permitted in this segment of the we do, but I have also discussed it with long and protracted discussion. That debate? the gentleman from California (Mr. compact is now before the Secretary. The Acting CHAIRMAN. Argument POMBO) who chairs the Committee on My colleague has on more than one relevant to the point of order raised Resources, and he has assured me and occasion mentioned an acid rain study. against the amendment. the rest of us that he has a bill that We have looked at that, and he should Mr. WU. I concede the point of order. will deal with this problem and that know because we know it was done The Acting CHAIRMAN. The point of will provide free and open debate on over a 4-month period one with read- order is conceded and sustained. The the House floor. ings at a little town in Wishram, Wash- amendment is out of order. Rather than deal with it in an appro- ington, during the winter when it is Mr. TAYLOR of North Carolina. Mr. priations bill, it is my preference that foggy in the gorge. So there is much Chairman, I move that the Committee we not consider these amendments at more to that story that I will not get do now rise. this point, but defer to the gentleman into today, but I suggest the gen- Accordingly, the Committee rose; from California (Chairman POMBO) and tleman take another look at that and the Speaker pro tempore (Mr. await the chairman’s bill which he has study. TERRY) having assumed the chair, Mr. said that he will attempt to get out of I grew up in the gorge. We are the SHIMKUS, Acting Chairman of the Com- committee and onto the floor before wind-surfing, kite-boarding capital of mittee of the Whole House on the State the August recess. the world. And in the summer, if you of the Union, reported that that Com- We have to recognize this is a serious want to come and find where the wind mittee, having had under consideration problem for many communities across blows, come to the gorge and enjoy the the bill (H.R. 2361) making appropria- the country. I have only addressed one great recreational opportunities, and it tions for the Department of the Inte- aspect of it, but there are many other blows from the west. The west is where rior, environment, and related agencies aspects that have to be addressed and the great urban center of our wonderful for the fiscal year ending September 30, understood. When the Pombo bill State is, where there are traffic prob- 2006, and for other purposes, had come comes up, we will have time for a full lems and industrial problems; and I tell to no resolution thereon. debate and discussion of all of the Members that because if there is a f other tangential issues as well, includ- problem with pollution in the gorge, it ing what ability the States have to reg- is not coming from the east, it is com- LIMITATION ON AMENDMENTS ulate the location of these facilities, ing from the west. DURING FURTHER CONSIDER- and what ability the States have to ne- So I urge Members to oppose this ATION OF H.R. 2361, DEPART- gotiate compacts so that the actual amendment. I think the chairman of MENT OF THE INTERIOR, ENVI- costs to the State and local commu- our Committee on Resources has a RONMENT, AND RELATED AGEN- nities are met by these facilities that much more prudent approach, to look CIES APPROPRIATIONS ACT, 2006 are moved into an area where the spon- at this issue on a broader scale, to see Mr. TAYLOR of North Carolina. Mr. soring individuals have never lived. what is the best policy for this Nation Speaker, I ask unanimous consent Mr. WALDEN of Oregon. Mr. Chair- to follow when it comes to dealing with that, during further consideration of man, I move to strike the requisite these issues of tribal casinos on or off H.R. 2361 in the Committee of the number of words. reservation. Whole pursuant to House Resolution

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3633 287, no further amendment to the bill fit the description stated in this re- the Committee on Appropriations or may be offered except: quest if it addresses in whole or in part their designees for the purpose of de- Pro forma amendments offered at the object described. bate; any point in the reading by the chair- The Acting CHAIRMAN. Is there ob- Amendments printed in the RECORD man or ranking minority member on jection to the request of the gentleman and numbered 3, 6, 8, 11, 13, and 17; the Committee on Appropriations or from North Carolina? Amendments printed in the RECORD their designees for the purpose of de- Mr. OBEY. Mr. Speaker, reserving and numbered 1 subject to a modifica- bate; the right to object, I am trying to stall tion to the amendment as printed in Amendments printed in the RECORD for time while we clear up a con- the RECORD, 4, 5, and 14, which shall be and numbered 3, 6, 8, 11, 13, and 17; troversy that has arisen. debatable for 20 minutes; Amendments printed in the RECORD An amendment by the gentleman b 1500 and numbered 1, 4, 5, and 14, which from Florida (Mr. HASTINGS) regarding shall be debatable for 20 minutes; I certainly am in support of the in- environmental justice, which shall be An amendment by the gentleman tention of the gentleman’s request, but debatable for 20 minutes; from Florida (Mr. HASTINGS) regarding it is my understanding that there may An amendment by the gentleman environmental justice, which shall be be a problem with one of the amend- from Wisconsin (Mr. OBEY) regarding a debatable for 20 minutes; ments. I am hoping that by the time I $500 million increase in Clean Water An amendment by the gentleman am done filibustering here the gentle- State Revolving Fund and tax matters; from Wisconsin (Mr. OBEY) regarding a man’s staff will have worked it out An amendment by the gentleman $500 million increase in Clean Water with the Parliamentarian and we will from Wisconsin (Mr. OBEY) regarding a State Revolving Fund and tax matters; be able to proceed. $100 million increase in Clean Water An amendment by the gentleman The SPEAKER pro tempore (Mr. State Revolving Fund, which shall be from Wisconsin (Mr. OBEY) regarding a TERRY). The Chair will inquire of the debatable for 20 minutes; $100 million increase in Clean Water gentleman from North Carolina, does An amendment by the gentleman State Revolving Fund, which shall be the request include a possible modified from Ohio (Mr. GILLMOR) regarding debatable for 20 minutes; form of amendment No. 1? State and Tribal Assistance Grants; An amendment by the gentleman Mr. TAYLOR of North Carolina. Yes, An amendment by the gentleman from Ohio (Mr. GILLMOR) regarding Mr. Speaker. from Ohio (Mr. CHABOT) or the gen- State and Tribal Assistance Grants; Mr. OBEY. Mr. Speaker, with that tleman from New Jersey (Mr. AN- An amendment by the gentleman understanding, I withdraw my reserva- DREWS) regarding the Tongass National from Ohio (Mr. CHABOT) or the gen- tion of objection. Forest, which shall be debatable for 20 tleman from New Jersey (Mr. AN- The SPEAKER pro tempore. Is there minutes; DREWS) regarding the Tongass National objection to the request of the gen- An amendment by the gentleman Forest, which shall be debatable for 20 tleman from North Carolina? from California (Mr. POMBO) regarding minutes; There was no objection. making spending on certain accounts An amendment by the gentleman f subject to authorization; from California (Mr. POMBO) regarding An amendment by the gentlewoman MESSAGE FROM THE PRESIDENT making spending on certain accounts from California (Ms. SOLIS) regarding subject to authorization; A message in writing from the Presi- intentional dosing; An amendment by the gentlewoman dent of the United States was commu- An amendment by the gentleman from California (Ms. SOLIS) regarding nicated to the House by Ms. Wanoa from Wisconsin (Mr. OBEY) to amend- intentional dosing; Evans, one of his secretaries. ment No. 5; An amendment by the gentleman f An amendment by the gentleman from Wisconsin (Mr. OBEY) to amend- from California (Mr. COSTA) regarding DEPARTMENT OF THE INTERIOR, ment No. 5; concession sales; ENVIRONMENT, AND RELATED An amendment by the gentleman An amendment by the gentleman AGENCIES APPROPRIATIONS from California (Mr. COSTA) regarding from California (Mr. DOOLITTLE) or the ACT, 2006 concession sales; gentleman from California (Mr. THOMP- An amendment by the gentleman The SPEAKER pro tempore. Pursu- SON) regarding Lower Klamath and from California (Mr. DOOLITTLE) or the ant to House Resolution 287 and rule Tule Lake; and gentleman from California (Mr. THOMP- XVIII, the Chair declares the House in An amendment by the gentleman SON) regarding Lower Klamath and the Committee of the Whole House on from North Carolina (Mr. TAYLOR) re- Tule Lake; and the State of the Union for the further garding funding levels. An amendment by the gentleman consideration of the bill, H.R. 2361. Each amendment may be offered only from North Carolina (Mr. TAYLOR) re- b 1502 by the Member named in the request or garding funding levels. a designee, or the Member who caused IN THE COMMITTEE OF THE WHOLE Each such amendment may be offered it to be printed in the RECORD or a des- only by the Member named in this re- Accordingly, the House resolved ignee, shall be considered as read, shall quest or a designee, or the Member who itself into the Committee of the Whole not be subject to amendment, except as caused it to be printed in the RECORD House on the State of the Union for the specified, and except that the chairman or a designee, shall be considered as further consideration of the bill (H.R. and ranking minority member of the read, shall not be subject to amend- 2361) making appropriations for the De- Committee on Appropriations and the ment, except as specified, and except partment of the Interior, environment, Subcommittee on Interior, Environ- that the chairman and ranking minor- and related agencies for the fiscal year ment, and Related Agencies each may ity member of the Committee on Ap- ending September 30, 2006, and for offer one pro forma amendment for the propriations and the Subcommittee on other purposes, with Mr. SHIMKUS (Act- purpose of debate; and shall not be sub- Interior, Environment, and Related ing Chairman) in the chair. ject to a demand for division of the Agencies each may offer one pro forma The Clerk read the title of the bill. question. amendment for the purpose of debate; The Acting CHAIRMAN. When the Except as otherwise specified, each and shall not be subject to a demand Committee of the Whole rose earlier amendment shall be debatable for 10 for division of the question in the today, the bill had been read through minutes, equally divided and con- House or in the Committee of the page 53, line 17. trolled by the proponent and an oppo- Whole. Pursuant to the order of the House of nent. Except as otherwise specified, each today, no further amendment to the The Clerk will read. amendment shall be debatable for 10 bill may be offered except: The Clerk read as follows: minutes, equally divided and con- Pro forma amendments offered at SEC. 105. No funds provided in this title trolled by the proponent and opponent. any point in the reading by the chair- may be expended by the Department of the An amendment shall be considered to man or ranking minority member of Interior to conduct offshore oil and natural

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3634 CONGRESSIONAL RECORD — HOUSE May 19, 2005 gas preleasing, leasing and related activities safe. Less than one one-thousandth of 1 ity to produce energy by drilling offshore. in the eastern Gulf of Mexico planning area percent of the oil that is produced off- We’re talking about areas at least 10 miles off- for any lands located outside Sale 181, as shore has been spilled. Who else has a shore, and usually much farther offshore, 100 identified in the final Outer Continental safety record like that, 99.999 percent? miles, even 200 miles and more. Shelf 5-Year Oil and Gas Leasing Program, We also are able to produce it from Our failure to review and adjust these off- 1997–2002. fewer offshore platforms because we shore drilling bans is now costing this country AMENDMENT NO. 14 OFFERED BY MR. ISTOOK have horizontal drilling that allows dearly. Every time you pay your utility bill or Mr. ISTOOK. Mr. Chairman, I offer multiple wells to be drilled from a sin- buy gasoline, remember that these prices an amendment. gle location. And of the oil spills, the would not be so high if Congress had simply The Acting CHAIRMAN. The Clerk very few that have happened, 97 per- used common-sense, years ago, to let us drill will designate the amendment. cent are of less than one barrel of oil. more offshore areas in an environmentally-re- The text of the amendment is as fol- We are talking about drilling at least sponsible way. Instead of promoting safe ways lows: 10 miles offshore in Federal waters. In to drill, we’ve totally banned that drilling in Amendment No. 14 offered by Mr. ISTOOK: most of these cases, we are talking most of our offshore areas. Page 53, line 24, after the period, insert the about drilling 100-plus miles offshore. My amendment doesn’t lift the ban imme- following: ‘‘This section shall not apply on There is enormous potential for this. diately, but creates a way for us to plan and after any date on which the Energy In- The official estimate says there is 76 formation Administration publishes data (as ahead. It establishes a tipping point for ending required by section 57 of the Federal Energy billion barrels of oil and 406 trillion the ban in the most promising area—the east- Administration Act of 1974 (15 U.S.C. 790f) cubic feet of natural gas in the Outer ern Gulf of Mexico, saying that the ban will demonstrating that net imports of crude oil Continental Shelf. But 90 percent of end if imports rise to two-thirds of the oil we account for more than two-thirds of oil con- these resources in the lower 48 have use. We’re at 58% today, and going up at the sumption in the United States.’’. been placed off-limits. rate of 1% to 2% each year. Mr. TAYLOR of North Carolina. Mr. This is not about the oil or gas indus- ENVIRONMENTAL SAFETY Chairman, I reserve a point of order on try. This is about our national secu- People naturally ask, ‘‘Is this environ- the gentleman’s amendment. rity. This is about the fact that we are mentally safe?’’ The answer is ‘‘Yes.’’ The Acting CHAIRMAN. The point of spending $180 billion a year to bring in America has not had any major spill from an order is reserved. foreign oil when we ought to be pro- offshore oil well since 1969. Pursuant to the order of the House of ducing so much more of that here and Why is this? It’s not because we’re not drill- today, the gentleman from Oklahoma employing hundreds of thousands more ing offshore; it’s because we have succeeded (Mr. ISTOOK) and the gentleman from people in the United States, bringing in protecting the environment while we drill. Oil North Carolina (Mr. TAYLOR) each will about better availability, lower prices, and gas operations in the Outer Continental control 10 minutes. more jobs, and all in a way that we Shelf are among the most tightly regulated The Chair recognizes the gentleman have proven through the offshore pro- economic activity in the world. from Oklahoma (Mr. ISTOOK). duction that is happening, we have Despite the moratoria that has closed many Mr. ISTOOK. Mr. Chairman, I yield proven it can be done in an environ- areas, America still produces almost one-third myself 4 minutes. mentally safe manner, it is being done of its oil (30%) and almost one-fourth (23%) of Mr. Chairman, as we heard earlier, a in an environmentally safe manner. its natural gas from offshore wells. There’s a major reason that we have sky- The amendment says it is time to lot of coastal drilling, and it is safe drilling, and rocketing energy prices in the United say, this is not a perpetual ban. When it would be just as safe to drill in the areas States is because this bill has been we reach a point, which we will in a where it’s being banned. used for a vehicle for 30 years to re- few years, that two-thirds—two- To drill offshore, you must obtain 17 major federal permits and obey 90 sets of federal strict the ability to explore in the thirds—of the oil and gas we use is regulations, all designed to protect the envi- Outer Continental Shelf. When those coming from foreign shores, is it not ronment. Most of those went into effect in restrictions were first adopted, Amer- about time that we find a common- 1975, and they have been 99.999% effective ica was importing 28 percent of its oil sense approach to lift the bans and have environmentally clean and re- in keeping the environment safe. That’s be- from foreign shores. Today, that has sponsible ways to produce this energy cause less than 1⁄1,000 of 1% of the oil pro- risen to 58 percent and it continues to America needs? duced offshore has been spilled. What other climb dramatically each year. Mr. Chairman, the recent steep rise of en- industry has a safety record like that— This amendment, Mr. Chairman, says ergy prices has convinced consumers that 99.999%! it is about time that we create a com- America needs more energy, and we need to We also produce more from fewer offshore monsense trigger. At such time as two- be producing it ourselves. We don’t want to platforms, thanks to horizontal drilling that al- thirds of our energy consumption is rely on supplies halfway around the world, and lows multiple wells to be drilled from a single coming from overseas, then we will lift we don’t want to ship tens of billions of Amer- platform. Technological advances during the the moratorium in the area that has ican dollars overseas each year to buy foreign past 30 years allow us to extract more re- the most promise, which in this case is oil. We’re spending $180 billion dollars each sources with less impact on the environment. the eastern Gulf of Mexico. year to buy foreign oil. If we could spend And most of them are tiny—97% of the off- Mr. Chairman, I know the big issue those billions right here in the USA, to shore spills are of less than one barrel of oil. to people is, is it environmentally safe produce more of the energy we use, we could OCS BACKGROUND to do so? I realize that is the concern add hundreds of thousands of high-paying The Outer Continental Shelf is composed of and I would like to focus on that. American jobs. lands generally beyond the 3-mile area of America has not had any major spill Why aren’t we doing this? Unfortunately, state jurisdiction and 10-mile area of state ju- from an offshore oil well since 1969. some well-intentioned concerns for the envi- risdiction in Florida and encompasses about Why? It is not because we are not drill- ronment have grown into ungrounded fears. 1.76 billion acres. About 25% of the oil and ing offshore. We are getting 25 percent Rather than balancing environmental issues gas produced in the United States comes from of our oil from offshore, actually 30 with our need to produce more energy, we’ve the OCS. But there’s a lot more potential than percent of oil and a fourth of the nat- let things get out of kilter. One of our biggest that. About 60% of America’s remaining oil ural gas. But we are not allowing drill- failures is that we’ve placed so much of our oil and 41% of our remaining gas resources are ing in most of the areas. Ninety per- and gas reserves off limits. We’ve done that in the OCS. cent of the coastal areas in the lower 48 by including provisions in this Interior appro- The official estimate is that there are 76 bil- States are closed by these moratoria. priations bill—provisions we’ve had in it now lion barrels of oil and 406 trillion cubic feet of To drill offshore, however, you have to for decades—that have banned drilling in most natural gas in the OCS. But we have placed obtain 17 major Federal permits. You areas of the Outer Continental Shelf. What’s about 90% of the areas offshore the lower 48 have to obey 90 sets of Federal regula- worse, we have failed to review and adjust states off-limits, banning drilling in those tions which have been put in place dur- those provisions, to recognize that things are areas. Imagine that—as Americans pay high ing the years of these moratoria. All of different now than when we first adopted prices, Congress says that 90% of this huge those are designed to protect the envi- those restrictions. resource is off-limits, and drilling is banned. ronment. They have been 99.999 percent There is no longer a conflict between our So we pay sky-high prices because we de- effective in keeping the environment ability to protect the environment and our abil- pend on foreign oil, and we ship hundreds of

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3635 thousands of jobs overseas, along with tens of sound way, as I’ve proposed in this amend- of undiscovered technically recoverable billions of dollars each year. ment. oil and natural gas. This assessment Congress has restricted drilling in the OCS Mr. TAYLOR of North Carolina. Mr. shows that 81 percent of the Nation’s for over 30 years. During this time, the per- Chairman, I continue to reserve my undiscovered technically recovered centage of net imports of petroleum has risen point of order, and I reserve the bal- OCS gas is located in the central and from 28% to 58% today. ance of my time. western parts of the Gulf of Mexico FOREIGN SOURCES Mr. ISTOOK. Mr. Chairman, I yield where drilling is allowed. 1 And what does it mean if we don’t have 2 ⁄2 minutes to the gentleman from b 1515 those resources? Texas (Mr. EDWARDS). Mr. EDWARDS. Mr. Chairman, hard- And he also claims that it is such a Domestic energy independence isn’t just safe industry. I would like to remind about the energy industry. It’s about our na- working American families are paying a high price at the gas pump today be- him, those of us who live on the central tional security. Currently, about 58% of our net coast of California remember with an petroleum imports came from foreign sources. cause of our Nation’s dependence upon foreign oil. Unless we get tough and indelible mark the 1996 oil spill of plat- During the past ten years, this percentage has form A that devastated our economy risen by one percentage point on average show OPEC nations that Americans are serious about becoming less dependent and our environmental resources for each year. So ten years ago we imported decades. We are still living with some about 48% and today it’s about 58%. The En- upon their self-serving oil cartel, our working families and our Nation’s of the results of this. ergy Information Administration predicts that This is an amendment in which the economy will continue to be the vic- by 2025, dependence on petroleum imports is House had a vote just a few years ago, tims of high energy costs. That is why projected to reach 68% of net imports. a similar kind of amendment in the I am supporting the Istook amend- ECONOMIC SECURITY 107th Congress. Seventy Republicans ment. joined 176 Democrats to block oil and This not only affects our national security, it Environmentally safe drilling for oil gas developments in the eastern Gulf of also affects our economic security. Last week, and natural gas in the Outer Conti- Mexico. A vote against this amend- consumers were paying an average $2.18 for nental Shelf in the eastern Gulf of ment will accomplish the same thing, a a gallon of motor gasoline. That’s a 62 cent a Mexico would be possible under this vote to protect the eastern Gulf of gallon increase in just five years! amendment. This production could be Natural gas prices have been even more Mexico from new drilling. This amend- done safely and cleanly. It does not re- ment is the first step to drilling in devastating for consumers. Residential prices quire new technology. It is not some have doubled in the past four years. Commer- areas now off limits, including North type of new experiment. The fact is Carolina, New Jersey, California, and cial and industrial prices have tripled. 90,000 that already Outer Continental Shelf jobs in the chemical industry have been lost even the Great Lakes. production represents 30 percent of all So we should reject this amendment along with $50 billion of business because of U.S. domestic oil production and 23 natural gas prices in the U.S. and not weaken existing protections percent of our natural gas production. for our coastal waters. This amend- When we talk about the need for domestic What OCS energy production does do energy production, or independence, it’s not ment guts the longstanding bipartisan is provide 42,000 Americans with good moratoria that currently protects our just about the energy industry. It’s about all of jobs and brings this $6 billion a year to us. If we want gasoline prices to stop sky- Nation’s most sensitive coastal marine our U.S. Treasury. With more energy areas. rocketing we must act. If we want to stop los- production that puts more Americans ing manufacturing jobs, we must act. Mr. ISTOOK. Mr. Chairman, I yield 1 to work, we can send a clear message minute to the gentleman from Iowa We all know that China, India, and other to the OPEC cartel that we are fed up countries’ economies are expanding and their (Mr. KING). with their cartel which is busting the (Mr. KING of Iowa asked and was demand for oil and natural gas worldwide will budgets of America’s working families. given permission to revise and extend continue to grow. As the demand for oil grows It is time to say we are sick and tired his remarks.) globally, the United States cannot be left be- of the OPEC tax which costs American Mr. KING of Iowa. Mr. Chairman, I hind by limiting its supply. families $20 billion for every 25-cent in- thank the gentleman for yielding me CONCLUSION crease in the price of gasoline. Tapping this time. Why aren’t we pursuing this offshore oil and major oil and gas reserves in the east- I point out that the U.S.-produced ni- gas? It’s because this appropriations bill has ern Gulf, something we are already trogen fertilizer that American farmers several provisions banning offshore drilling. doing off the Texas and Louisiana have historically relied upon is being Not just one ban, but a whole series of them. coasts, will create thousands of new outsourced to foreign producers. Of the And we’ve been including these bans in this American jobs, bring in billions of dol- 161⁄2 million tons of nitrogen fertilizer bill for over 30 years. lars to reduce the Federal deficit and production capacity that existed in This amendment would protect our national our terrible trade deficit, and save this country prior to the year 2000, security. This amendment would only open up working families money every time nearly 20 percent has been closed per- a portion of the Eastern Gulf of Mexico and they go to the gasoline pump. That is a manently and there are another 4 mil- only when the Energy Information Administra- good deal and a smart deal for millions lion tons, 25 percent again at risk of tion publishes data showing that more than of hardworking American families. closing within the next 2 years. two-third of net imports of crude oil come from By voting ‘‘yes’’ on the Istook We have outsourced our nitrogen fer- foreign sources. amendment, we are voting ‘‘no’’ on the tilizer protection to foreign countries My amendment singles out only one of OPEC tax, which is hurting most those like Venezuela and Russia, where they these many areas where drilling has been who can least afford it. are subsidizing their natural gas. Here banned, namely the eastern Gulf of Mexico. Mr. TAYLOR of North Carolina. Mr. we refuse to develop our natural gas. That area is selected for two simple reasons: Chairman, I yield 11⁄2 minutes to the And now we are faced with Chinese in- First, it has the largest oil land gas deposits. gentlewoman from California (Mrs. volvement in the Western hemisphere, Second, it’s the farthest offshore, away from CAPPS). who are involved in capital investment, the coastline and the beaches. In all cases Mrs. CAPPS. I thank my colleague and I know that there is drilling going more than 10 miles offshore, land in most from North Carolina for yielding time. on offshore for Cuba. I do not know if cases more than 100 miles offshore. It is not Mr. Chairman, I would like to first it is affected by this bill. But I know in state waters. It is in federal waters. correct some statements that the gen- this: The gentleman from New Mexico Congress has restricted activity in the OCS tleman from Oklahoma made in his ar- (Mr. PEARCE) was right. It is not the for over 30 years. During this time, the per- guments. He said that 40 percent of the question of whether we are going to centage of net imports of petroleum has risen OCS gas is unavailable to leasing. As drill for this oil. We will do it some- from 28% to 58% today. Our constituents all he knows, Minerals Management Serv- time. It is just a question of whether feel the pinch that higher energy prices bring ice conducts a survey every 5 years and we do it before or after we lose the to their budget. the latest assessment of resources on jobs, before or after we lose the produc- Let’s use common sense and create a plan the Outer Continental Shelf was done tion of this natural gas to foreign to end the moratorium in an environmentally in the year 2003. It includes estimates countries.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3636 CONGRESSIONAL RECORD — HOUSE May 19, 2005 Mr. TAYLOR of North Carolina. Mr. can drill close to Florida. So we have a I find it difficult, most of the time on Chairman, I yield 1 minute to the gen- foreign country who can drill closer to fighting some of the people who are tleman from Florida (Mr. DAVIS). Florida. This only covers the eastern speaking against this amendment, that Mr. DAVIS of Florida. Mr. Chairman, Gulf of Mexico, and that is why I think I find myself allied with them on this I thank the gentleman for yielding me some people will say no to anything. particular issue. this time. And I do not know what is their solu- Most of the time we quote studies. I rise in opposition to the amend- tion. More windmills? I love windmills The first thing we do is see who did the ment and would like to again point out and we can do that. We need energy, no study, who paid for it, and what is that this Congress has already taken a matter whether that comes from oil, their agenda. The National Academy of very significant step towards address- natural gas, windmills, or anything Sciences is neither pro-business nor ing the need for additional drilling for else. pro-environment. They are pro-science, oil and gas in the Gulf of Mexico. We The United States produces some of and they are peer reviewed. The Na- are currently drilling in the central the safest energy that we can. The national Academy of Science: Gas and oil and western Gulf. This Congress has tions of Norway, Denmark, Canada, exploration will, not may, will, cause passed additional financial incentives Japan, and the United Kingdom are irreputable damage to the environment for deepwater drilling. This is an im- successfully producing oil and gas from and to the economy off the coast of portant step towards addressing the their coastal waters, and yet we leave California. problem of supply. a great deal of ours except off of Texas, I understand the gentleman from This amendment goes much further Louisiana, Alabama, Mississippi, and Texas. I trained with the Navy in than that and exposes areas for drilling Alaska. Texas. Their beaches are not pristine just a few miles off the coast of Florida So, again, even though those beaches like Florida and California. That is without any clear indication that there may be pristine, because I like the why all of their folks come to Cali- will be no risk to the beaches of Flor- beaches in Texas and I consider them fornia for the good weather and the ida. This is very important to our econ- pristine, but we do not need to keep nice beaches, and we want to keep it omy. Many Members of Congress are our head in the sand of those beaches that way. We want them to come back rising today to defend the economy in and not realize we have to have more to California. their State. No one is going to stand on energy resources in our country. But I want to tell the Members some- this floor and say that the beaches of Mr. TAYLOR of North Carolina. Mr. thing. The moratorium that we have Florida are not the most important Chairman, I yield 11⁄2 minutes to the had has protected the shorelines. Dur- part of our economy in addition to the gentlewoman from California (Ms. ing the gas debate, I talked about work skills of our Floridians. WOOLSEY). Batigitos Lagoon and our beaches. A We do not want to take this risk. Ms. WOOLSEY. Mr. Chairman, those lot of our economy is based on tourism. There is a very small proportion of sup- who support this amendment should I heard, well, it is just the oil tankers ply available off the coast of Florida. really look at solving the current en- leaking in Long Beach or it is seepage. There is an enormous proportion avail- ergy crisis. If they wanted to, they It is not. The National Academy of able in the central and western Gulf. would invest in renewable energy Sciences said if we drill those new This Congress has already acted. We sources and energy efficiency and con- leases, then it is going to cause provide additional financial incentives servation. For example, providing tax irreputable damage. to get the supply where it is to be had. incentives for the construction of en- They have slant drilling, but when I urge opposition to the amendment. ergy efficient buildings and manufac- they have the technology to stop the Mr. ISTOOK. Mr. Chairman, I yield turing energy efficient heating and damage, I will be along with them. 21⁄2 minutes to the gentleman from water heating equipment could save 300 Nancy, my bride, and I walk along Texas (Mr. GENE GREEN). trillion cubic feet of natural gas over 50 the beaches. That is what we do for fun Mr. GENE GREEN of Texas. Mr. years. This is more than 12 times the with the kids. I have walked at Long Chairman, I thank the gentleman from Department of Interior’s mean esti- Beach. And it took me 2 weeks to get Oklahoma, my neighbor, for yielding mate of economically recoverable gas the oil off of my Jack Russell terrier, me this time. outside the central and western Gulf of and the bottom of our feet. We have to It is interesting that there is poten- Mexico. use kerosene. That is what we are try- tial production of our natural re- So why are we here today discussing ing to protect. And if they want to do sources that people oppose. This offshore oil drilling instead of pro- something, I read where an oil com- amendment only covers the eastern moting efficient and renewable energy pany from the United States had a $12 Gulf of Mexico. It only covers off the sources? It could be that we are pan- billion profit the first quarter. I am coast of Florida. Not California, not dering to big oil companies. pro-business, but I am not for pro-rip- the northeast United States, even We not only have to worry about oil off, and that is what we ought to look though there may be potential there. spills from offshore oil rigs, we also at in the cost of gas. This is just the eastern Gulf of Mexico. have to worry about the damaging way Mr. ISTOOK. Mr. Chairman, I yield I just do not understand what is that they drill for oil and natural gas. myself the balance of my time. going to happen to our country if we An average of 180,000 gallons per well of Mr. Chairman, I read the National continue to import more and more oil, drilling muds that are used to lubricate Academy of Sciences’ studies very dif- and obviously we are having to import drill bits and maintain downhole pres- ferently. In fact, they say that two- more and more natural gas. I do not sure are dumped untreated back into thirds of the oil in the oceans is nat- know what the folks in California are the surrounding waters. Water brought ural seepage and very little of it comes going to do about energy. I know they up from a well along with oil and gas from the drilling that we are describ- have high prices. Get ready to have typically contains a variety of toxic ing. them even higher, unless we can start pollutants. To those who say we never want to bringing production on line that is do- I will vote against this amendment. I drill in these offshore areas, they mestic production, and right now the consider it dangerous and it is abso- should be honest with their constitu- gentleman from Oklahoma (Mr. lutely no solution to our gas and en- ents, and they should say ‘‘It is fine ISTOOK) and the gentleman from ergy shortage. with us for you to pay the sky- Texas’s (Mr. EDWARDS) amendment is Mr. ISTOOK. Mr. Chairman, I reserve rocketing energy prices. It is fine with the best potential because off the west- the balance of my time. us to spend $180 billion a year to bring ern coast of Florida is some of the Mr. TAYLOR of North Carolina. Mr. most of our oil across the oceans over- most productive potential for natural Chairman, I yield 2 minutes to the gen- seas and bring it to America and send gas and oil fields. tleman from California (Mr. American jobs and American money I guess it is frustrating because off CUNNINGHAM). over there in their place.’’ the nation of Cuba we have Chinese and Mr. CUNNINGHAM. Mr. Chairman, I It is environmentally safe. We have Spanish companies that are drilling am not an extreme environmentalist. I made so many advances since people closer to Florida than U.S. companies am a conservationist. And that is why made these moratoria, and yet people

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3637 do not want to look at those. It is time South Dakota and did extensive dam- tion of the serious nature of the situa- we take an honest look at it. We should age to the structure. This dormitory on tion and for his willingness to work not say that these areas are off limits the campus of the Crow Creek Tribal with me to address the very real needs forever. As the oil import problem School housed 230 of the students who of the children and students on the rises, we should be looking at drilling attend that school, the only high Crow Creek Indian Reservation. in these offshore areas. school on the reservation. The Acting CHAIRMAN (Mr. FOSSELLA.) The Clerk will read. The Acting CHAIRMAN (Mr. b 1530 FOSSELLA). The time of the gentleman The Clerk read as follows: has expired. Fortunately, even miraculously, no SEC. 108. Appropriations made in this Act one was seriously injured in this fire. under the headings Bureau of Indian Affairs POINT OF ORDER School officials scrambled to find and Office of Special Trustee for American Mr. TAYLOR of North Carolina. Mr. housing for the seniors who were at- Indians and any unobligated balances from Chairman, I raise a point of order tending the school at the time, but the prior appropriations Acts made under the against the amendment because it pro- same headings shall be available for expendi- students in the other grades could not poses to change existing law and con- ture or transfer for Indian trust management be accommodated. For many of them, stitutes legislation in an appropriation and reform activities, except that total fund- the school year simply ended bill, and we certainly would not want ing for historical accounting activities shall unceremoniously on April 24. that. Therefore, it violates clause 2 of not exceed amounts specifically designated The facility that burned also con- in this Act for such purpose. rule XXI. tained the kitchen and dining facilities SEC. 109. Notwithstanding any other provi- The rule states in pertinent part: for the school. The Crow Creek middle sion of law, for the purpose of reducing the ‘‘An amendment to a general appro- backlog of Indian probate cases in the De- and high schools are now left without priation bill shall not be in order if partment of the Interior, the hearing re- any dormitory, kitchen, or dining changing existing law . . . ’’ quirements of chapter 10 of title 25, United space for the more than 430 students The amendment poses additional du- States Code, are deemed satisfied by a pro- enrolled there. ties. ceeding conducted by an Indian probate The needs that have been created by judge, appointed by the Secretary without The Acting CHAIRMAN. Does any this tragic event are dire and imme- regard to the provisions of title 5, United Member wish to be heard on the point diate. I am asking the chairman to join States Code, governing the appointments in of order? me in urging officials at the Bureau of the competitive service, for such period of Hearing none, the Chair finds that time as the Secretary determines necessary: Indian Affairs to reprogram existing this amendment includes language re- Provided, That the basic pay of an Indian funds so school officials can imme- quiring a new determination. The probate judge so appointed may be fixed by diately begin construction of adequate amendment therefore constitutes legis- the Secretary without regard to the provi- temporary dormitory facilities for the lation in violation of clause 2 of rule sions of chapter 51, and subchapter III of students at this school. chapter 53 of title 5, United States Code, gov- XXI. Mr. TAYLOR of North Carolina. Mr. erning the classification and pay of General The point of order is sustained, and Chairman, I am aware of the dev- Schedule employees, except that no such In- the amendment is not in order. dian probate judge may be paid at a level The Clerk will read. astating fire that occurred on the Crow Creek Reservation. I agree with the which exceeds the maximum rate payable for The Clerk read as follows: the highest grade of the General Schedule, gentlewoman that it is vital that the SEC. 106. No funds provided in this title including locality pay. may be expended by the Department of the BIA begin construction of temporary SEC. 110. Notwithstanding any other provi- Interior to conduct oil and natural gas facilities immediately so that they can sion of law, the Secretary of the Interior is preleasing, leasing and related activities in be ready for the beginning of the school authorized to redistribute any Tribal Pri- the Mid-Atlantic and South Atlantic plan- year this fall. Reprogramming requests ority Allocation funds, including tribal base ning areas. for Crow Creek Tribal education facili- funds, to alleviate tribal funding inequities SEC. 107. Notwithstanding any other provi- ties that come before this committee by transferring funds to address identified, sions of law, the National Park Service shall unmet needs, dual enrollment, overlapping will be reviewed and approved as quick- service areas or inaccurate distribution not develop or implement a reduced entrance ly as possible. fee program to accommodate non-local trav- methodologies. No tribe shall receive a re- el through a unit. The Secretary may pro- Ms. HERSETH. Mr. Chairman, it is duction in Tribal Priority Allocation funds vide for and regulate local non-recreational my understanding that Congress has of more than 10 percent in fiscal year 2006. passage through units of the National Park granted the BIA certain emergency au- Under circumstances of dual enrollment, System, allowing each unit to develop guide- thorities to reprogram funds from overlapping service areas or inaccurate dis- lines and permits for such activity appro- other accounts when situations such as tribution methodologies, the 10 percent limi- priate to that unit. this arise. I would certainly consider a tation does not apply. SEC. 111. Funds appropriated for the Bu- Mr. TAYLOR of North Carolina. Mr. devastating fire that threatened the reau of Indian Affairs for postsecondary Chairman, I move to strike the last educational mission of the only high schools for fiscal year 2006 shall be allocated word. school on an Indian reservation as a among the schools proportionate to the For the purpose of engaging in a col- situation that would trigger BIA’s unmet need of the schools as determined by loquy, I yield to the gentlewoman from emergency authorities. the Postsecondary Funding Formula adopted South Dakota (Ms. HERSETH). The Office of Management and Budg- by the Office of Indian Education Programs. SEC. 112. Notwithstanding any other provi- Ms. HERSETH. Mr. Chairman, I et may also seek to approve any BIA sion of law, in conveying the Twin Cities Re- thank the gentleman from North Caro- reprogramming requests to address search Center under the authority provided lina (Chairman TAYLOR) for yielding to these needs, and I ask the gentleman by Public Law 104–134, as amended by Public me to engage in a colloquy concerning from North Carolina (Mr. TAYLOR) to Law 104–208, the Secretary may accept and a devastating event that recently oc- join me in urging OMB to review these retain land and other forms of reimburse- curred on the Crow Creek Reservation questions as quickly as possible. Does ment: Provided, That the Secretary may re- in my home State of South Dakota. the gentleman agree with me on these tain and use any such reimbursement until Mr. TAYLOR of North Carolina. Mr. points? expended and without further appropriation: Mr. TAYLOR of North Carolina. Mr. (1) for the benefit of the National Wildlife Chairman, reclaiming my time, I would Refuge System within the State of Min- be happy to discuss this matter with Chairman, I certainly agree with the nesota; and (2) for all activities authorized the gentlewoman from South Dakota. gentlewoman that this fire was unex- by Public Law 100–696; 16 U.S.C. 460zz. Ms. HERSETH. Mr. Chairman, will pected and devastating to the school, SEC. 113. The Secretary of the Interior may the gentleman yield? and that that is precisely the type of use or contract for the use of helicopters or Mr. TAYLOR of North Carolina. I event that would trigger the emer- motor vehicles on the Sheldon and Hart Na- yield to the gentlewoman from South gency authority of the BIA to repro- tional Wildlife Refuges for the purpose of Dakota. gram funds, and I join the gentle- capturing and transporting horses and burros. The provisions of subsection (a) of the Ms. HERSETH. Mr. Chairman, in the woman in urging the OMB to review Act of September 8, 1959 (18 U.S.C. 47(a)) middle of the night on April 24, a fire these requests as soon as possible. shall not be applicable to such use. Such use broke out in a school dormitory on the Ms. HERSETH. Mr. Chairman, I shall be in accordance with humane proce- Crow Creek Reservation in Stephan, thank the gentleman for his recogni- dures prescribed by the Secretary.

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SEC. 114. Funds provided in this Act for ment any plan to drain Lake Powell or to re- and conditions as the most recently-issued Federal land acquisition by the National duce the water level of the lake below the permit for that allotment and the Secretary Park Service for Shenandoah Valley Battle- range of water levels required for the oper- shall consider the permit to be one trans- fields National Historic District and Ice Age ation of the Glen Canyon Dam. ferred in accordance with section 325 of Pub- National Scenic Trail may be used for a SEC. 123. Notwithstanding the limitation in lic Law 108–108. grant to a State, a local government, or any subparagraph (2)(B) of section 18(a) of the In- SEC. 128. Notwithstanding any other provi- other land management entity for the acqui- dian Gaming Regulatory Act (25 U.S.C. sion of law, the National Park Service final sition of lands without regard to any restric- 2717(a)), the total amount of all fees imposed winter use rules published in part VII of the tion on the use of Federal land acquisition by the National Indian Gaming Commission Federal Register for November 10, 2004, 69 funds provided through the Land and Water for fiscal year 2007 shall not exceed Fed. Reg. 65348 et seq., shall be in force and Conservation Fund Act of 1965 as amended. $12,000,000. effect for the winter use season of 2005–2006 SEC. 115. None of the funds made available SEC. 124. Notwithstanding any implemen- that commences on or about December 15, by this Act may be obligated or expended by tation of the Department of the Interior’s 2005. the National Park Service to enter into or trust reorganization or reengineering plans, SEC. 129. None of the funds in this Act may implement a concession contract which per- or the implementation of the ‘‘To Be’’ Model, be used to compensate more than 34 full time mits or requires the removal of the under- funds appropriated for fiscal year 2006 shall equivalent employees in the Department’s ground lunchroom at the Carlsbad Caverns be available to the tribes within the Cali- Office of Law Enforcement and Security. The National Park. fornia Tribal Trust Reform Consortium and total number of staff detailed from other of- SEC. 116. None of the funds made available to the Salt River Pima-Maricopa Indian fices and reimbursable staff may not exceed in this Act may be used: (1) to demolish the Community, the Confederated Salish and 8 at any given time. Kootenai Tribes of the Flathead Reservation bridge between Jersey City, New Jersey, and TITLE II—ENVIRONMENTAL and the Chippewa Cree Tribe of the Rocky Ellis Island; or (2) to prevent pedestrian use PROTECTION AGENCY of such bridge, when such pedestrian use is Boys Reservation through the same method- SCIENCE AND TECHNOLOGY consistent with generally accepted safety ology as funds were distributed in fiscal year standards. 2004. This Demonstration Project shall con- For science and technology, including re- SEC. 117. None of the funds in this or any tinue to operate separate and apart from the search and development activities, which other Act can be used to compensate the Department of the Interior’s trust reform shall include research and development ac- Special Master and the Special Master-Mon- and reorganization and the Department shall tivities under the Comprehensive Environ- itor, and all variations thereto, appointed by not impose its trust management infrastruc- mental Response, Compensation, and Liabil- the United States District Court for the Dis- ture upon or alter the existing trust resource ity Act of 1980, as amended; necessary ex- trict of Columbia in the Cobell v. Norton liti- management systems of the above referenced penses for personnel and related costs and gation at an annual rate that exceeds 200 tribes having a self-governance compact and travel expenses, including uniforms, or al- percent of the highest Senior Executive operating in accordance with the Tribal Self- lowances therefor, as authorized by 5 U.S.C. Service rate of pay for the Washington-Balti- Governance Program set forth in 25 U.S.C. 5901–5902; services as authorized by 5 U.S.C. more locality pay area. 458aa–458hh: Provided, That the California 3109, but at rates for individuals not to ex- SEC. 118. The Secretary of the Interior may Trust Reform Consortium and any other par- ceed the per diem rate equivalent to the use discretionary funds to pay private attor- ticipating tribe agree to carry out their re- maximum rate payable for senior level posi- neys fees and costs for employees and former sponsibilities under the same written and tions under 5 U.S.C. 5376; procurement of lab- employees of the Department of the Interior implemented fiduciary standards as those oratory equipment and supplies; other oper- reasonably incurred in connection with being carried by the Secretary of the Inte- ating expenses in support of research and de- Cobell v. Norton to the extent that such fees rior: Provided further, That they demonstrate velopment; construction, alteration, repair, and costs are not paid by the Department of to the satisfaction of the Secretary that rehabilitation, and renovation of facilities, Justice or by private insurance. In no case they have the capability to do so: Provided not to exceed $85,000 per project, $765,340,000 shall the Secretary make payments under further, That the Department shall provide which shall remain available until Sep- this section that would result in payment of funds to the tribes in an amount equal to tember 30, 2007. hourly fees in excess of the highest hourly that required by 25 U.S.C. 458cc(g)(3), includ- AMENDMENT NO. 4 OFFERED BY MR. TERRY rate approved by the District Court for the ing funds specifically or functionally related Mr. TERRY. Mr. Chairman, I offer an District of Columbia for counsel in Cobell v. to the provision of trust services to the amendment. Norton. tribes or their members. The Acting CHAIRMAN. The Clerk SEC. 119. The United States Fish and Wild- SEC. 125. Notwithstanding any provision of life Service shall, in carrying out its respon- law, including 42 U.S.C. 4321 et. seq., non- will designate the amendment. sibilities to protect threatened and endan- renewable grazing permits authorized in the The text of the amendment is as fol- gered species of salmon, implement a system Jarbidge Field Office, Bureau of Land Man- lows: of mass marking of salmonid stocks, in- agement within the past 9 years, shall be re- Amendment No. 4 offered by Mr. TERRY: tended for harvest, that are released from newed. The Animal Unit Months contained In the item relating to ‘‘ENVIRON- Federally operated or Federally financed in the most recently expired nonrenewable MENTAL PROTECTION AGENCY—SCIENCE hatcheries including but not limited to fish grazing permit, authorized between March 1, AND TECHNOLOGY’’, after the second dollar releases of coho, chinook, and steelhead spe- 1997, and February 28, 2003, shall continue in amount, insert the following: ‘‘(reduced by cies. Marked fish must have a visible mark effect under the renewed permit. Nothing in $130,000,000)’’. that can be readily identified by commercial this section shall be deemed to extend the In the item relating to ‘‘ENVIRON- and recreational fishers. nonrenewable permits beyond the standard 1- MENTAL PROTECTION AGENCY—HAZ- SEC. 120. Such sums as may be necessary year term. ARDOUS SUBSTANCE SUPERFUND’’, after the from ‘‘Departmental Management, Salaries SEC. 126. Notwithstanding any other provi- second dollar amount, insert the following: and Expenses’’, may be transferred to sion of law, the Secretary of the Interior is ‘‘(increased by $130,000,000)’’. authorized to acquire lands, waters, or inter- ‘‘United States Fish and Wildlife Service, The Acting CHAIRMAN. Pursuant to Resource Management’’ for operational ests therein including the use of all or part needs at the Midway Atoll National Wildlife of any pier, dock, or landing within the the order of the House today, the gen- Refuge airport. State of New York and the State of New Jer- tleman from Nebraska (Mr. TERRY) and SEC. 121. (a) IN GENERAL.—Nothing in sec- sey, for the purpose of operating and main- a Member opposed each will control 10 tion 134 of the Department of the Interior taining facilities in the support of transpor- minutes. and Related Agencies Appropriations Act, tation and accommodation of visitors to The Chair recognizes the gentleman 2002 (115 Stat. 443) affects the decision of the Ellis, Governors, and Liberty Islands, and of from Nebraska (Mr. TERRY). United States Court of Appeals for the 10th other program and administrative activities, Mr. TERRY. Mr. Chairman, I yield Circuit in Sac and Fox Nation v. Norton, 240 by donation or with appropriated funds, in- myself such time as I may consume. cluding franchise fees (and other monetary F.3d 1250 (2001). Mr. Chairman, my amendment in- (b) USE OF CERTAIN INDIAN LAND.—Nothing consideration), or by exchange; and the Sec- in this section permits the conduct of gam- retary is authorized to negotiate and enter creases the EPA’s Superfund dollars by ing under the Indian Gaming Regulatory Act into leases, subleases, concession contracts 10 percent over the amount in the un- (25 U.S.C. 2701 et seq.) on land described in or other agreements for the use of such fa- derlying bill. This extra funding would section 123 of the Department of the Interior cilities on such terms and conditions as the help provide the cleanup of the Na- and Related Agencies Appropriations Act, Secretary may determine reasonable. tion’s worst hazardous waste sites. 2001 (114 Stat. 944), or land that is contiguous SEC. 127. Upon the request of the permittee I thank the gentlemen from North to that land, regardless of whether the land for the Clark Mountain Allotment lands ad- Carolina (Mr. TAYLOR) and Washington or contiguous land has been taken into trust jacent to the Mojave National Preserve, the by the Secretary of the Interior. Secretary shall also issue a special use per- (Mr. DICKS) for the $11 million Super- SEC. 122. No funds appropriated for the De- mit for that portion of the grazing allotment fund increase in the committee-ap- partment of the Interior by this Act or any located within the Preserve. The special use proved bill, but I believe more should other Act shall be used to study or imple- permit shall be issued with the same terms be done.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3639 My amendment provides Superfund urge my colleagues, especially my col- and technology research and to the with an additional $130 million. This leagues who have Superfund sites in EPA Inspector General’s Office, but extra funding is offset from the EPA’s their districts, one of the 1,243 sites, to these transfers are for Superfund-re- Science and Technology Account which support this amendment. It is time we lated activities. received $765 million in the committee- dedicate the resources necessary to I urge a ‘‘no’’ vote on this amend- approved bill. protect our children by cleaning up the ment. My district is home to one of Amer- Nation’s worst and pressing environ- Mr. TAYLOR of North Carolina. Mr. ica’s largest residential environmental mental and health risks in a timely Chairman, I reserve the balance of my cleanups. In early 2003, a large section fashion. time. of East Omaha, Nebraska was placed on Mr. Chairman, I reserve the balance Mr. TERRY. Mr. Chairman, I yield the Superfund list after hundreds of of my time. myself such time as I may consume. children and thousands of yards tested Mr. TAYLOR of North Carolina. Mr. Mr. Chairman, I certainly respect my positive for high lead levels. A nearby Chairman, I rise in opposition to the friends from Washington and North lead-refining plant, which operated amendment, and I yield myself such Carolina, and I understand the delicacy from the early 1870s until 1997, is likely time as I may consume. of the numbers which have been as- to blame for what HHS estimates to be The amendment would increase fund- signed to these respective programs. I stand here for the families that are as many as 1,600 children in eastern ing for the Superfund program at the affected in these, or next to these, Omaha with harmful levels of lead expense of EPA’s research program Superfund sites, including the con- there in their bodies. funded under the Science and Tech- stituents in my district and their chil- Let me be clear. I support the philos- nology Account. dren, the 1,600 children estimated to ophy of polluter pays. While I am en- I note that the Superfund program have high levels of lead in their blood- couraged that more than 70 percent of received an $8 million increase over the streams, creating immediate risk and all Superfund sites are cleaned up by 2005 level under the committee’s recommendations, while the total amount health risks to them. Immediate, now. those responsible for the pollution; in The fund, the science and technology for EPA is $348 million below the 2005 some cases, such as in my district, fund, does provide a great service to level, so the Superfund site received Omaha, Nebraska, and in about 20 America, including the $60 million much better treatment than most of other States other than Nebraska, worth of earmarks to a lot of our uni- those who did the actual polluting are our programs. The bill as a whole is versities, as well as paying the salaries either insolvent or no longer in busi- more than $800 million below the 2005 for 2,513 bureaucrats within this agen- ness. level. cy. More dollars in the national Super- Now, we have received many requests fund is the only hope for 86,000 Omaha from Members of Congress asking that b 1545 residents, including 15,000 children who we fund programs for EPA’s research, My thought is that perhaps for this live within the Superfund designated and we are able to do so only to a lim- one time we can just slide a little bit of area. Without adequate funds, this ited extent, and many people want the their $765 million budget to the more cleanup could take more than a decade. science and technology area just as immediate and pressing health issues These children and these families well. A cut of the $130 million in facing constituents, our constituents, should not wait that long. science and technology would decimate and American families, and that is But the same is true for the other the program’s restorations. These re- what I am here asking. 1,243 Superfund sites across this coun- search programs provide critical sup- I understand the delicacy of bal- try. Nationwide, it is estimated that 11 port to all other EPA programs, includ- ancing these type of numbers in this million people, including 3 million to 4 ing the Superfund program. type of bill. So I do ask that my col- million children, live within a mile of a The Superfund program was treated leagues, for the sake of these families hazardous Superfund site. All these the same as the Science and Tech- that have immediate health risks, that Americans need assurances that suffi- nology Account in that limited in- we increase the number of dollars by cient resources will be dedicated to creases were provided for proposed ini- $130 million to begin cleanup or con- their cleanups. tiatives associated with homeland se- tinue at a faster pace the cleanups that Some will oppose the amendment. I curity. The committee bill balances have already begun in those areas. expect the chairman of the sub- the many competing needs of the EPA Mr. Chairman, I yield back the bal- committee, my friend, the gentleman within a constrained allocation. And ance of my time. from North Carolina, to perhaps oppose while I understand the gentleman’s Mr. TAYLOR of North Carolina. Mr. this amendment. Now, while I support concern, given the funding we have al- Chairman, may I inquire if there are the EPA’s Science and Technology Ac- ready done and the limited funding we other speakers? count, it is not my mission to destroy have totally, I cannot accept the gen- The Acting CHAIRMAN (Mr. this fund, but simply create or state tleman’s amendment. I urge a ‘‘no’’ FOSSELLA). The gentleman from Ne- what the priorities should be, and that vote on this amendment. braska (Mr. TERRY) has yielded back. should be to clean up these hazardous Mr. Chairman, I yield 3 minutes to Mr. TAYLOR of North Carolina. Mr. areas in the fastest time possible to the gentleman from Washington (Mr. Chairman, I yield back the balance of my time. protect those families. DICKS). Make no mistake: the Superfund Mr. DICKS. Mr. Chairman, I rise in The Acting CHAIRMAN. The ques- needs more than these additional opposition to the gentleman’s amend- tion is on the amendment offered by funds. It also needs structural reform. ment. In general, I do think we should the gentleman from Nebraska (Mr. Earlier this year, I introduced what fund the Superfund cleanup program at TERRY). The question was taken; and the Act- would not only boost the Superfund by levels higher than what is contained in ing Chairman announced that the noes $620 million over 5 years, but would this bill. However, the budget alloca- appeared to have it. also cap the Superfund’s administration that we are dealing with today Mr. TERRY. Mr. Chairman, I demand tive costs at the 2002 fiscal level so prohibits us from agreeing to the gen- a recorded vote. that more Superfund dollars could be tleman’s proposal to increase Super- The Acting CHAIRMAN. Pursuant to spent for actual cleanup. This is in refund by a whopping $130 million at the clause 6 of rule XVIII, further pro- sponse to a recent report by the EPA expense of the EPA’s science and tech- ceedings on the amendment offered by Inspector General revealing that the nology programs, which he uses as an the gentleman from Nebraska (Mr. Superfund administrative expenses offset. TERRY) will be postponed. have increased $37 million over the last This bill provides Superfund with The Clerk will read. 5 years, while actual Superfund clean- $1.26 billion for 2006, which is an $11 The Clerk read as follows: up expenditures have decreased by $174 million increase over this year’s fund- ENVIRONMENTAL PROGRAMS AND MANAGEMENT million. ing level. I understand that there are For environmental programs and manage- Today, however, we must focus on transfers contained in this bill from ment, including necessary expenses, not oth- the funding of this vital program. I the Superfund program to EPA science erwise provided for, for personnel and related

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3640 CONGRESSIONAL RECORD — HOUSE May 19, 2005 costs and travel expenses, including uni- BUILDINGS AND FACILITIES gentleman from Wisconsin (Mr. OBEY) forms, or allowances therefor, as authorized For construction, repair, improvement, ex- and a Member opposed each will con- by 5 U.S.C. 5901–5902; services as authorized tension, alteration, and purchase of fixed trol 5 minutes. by 5 U.S.C. 3109, but at rates for individuals equipment or facilities of, or for use by, the The Chair recognizes the gentleman not to exceed the per diem rate equivalent to Environmental Protection Agency, from Wisconsin (Mr. OBEY). the maximum rate payable for senior level $40,218,000 to remain available until ex- Mr. TAYLOR of North Carolina. Mr. positions under 5 U.S.C. 5376; hire of pas- pended. senger motor vehicles; hire, maintenance, Chairman, I would like to reserve a HAZARDOUS SUBSTANCE SUPERFUND and operation of aircraft; purchase of re- point of order. prints; library memberships in societies or (INCLUDING TRANSFERS OF FUNDS) The Acting CHAIRMAN. The gen- associations which issue publications to For necessary expenses to carry out the tleman from North Carolina reserves a members only or at a price to members lower Comprehensive Environmental Response, point of order. than to subscribers who are not members; Compensation, and Liability Act of 1980 Mr. OBEY. Mr. Chairman, I yield my- construction, alteration, repair, rehabilita- (CERCLA), as amended, including sections self such time as I might consume. tion, and renovation of facilities, not to ex- 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. Mr. Chairman, several weeks ago this ceed $85,000 per project; and not to exceed 9611), and for construction, alteration, re- House chose to make $140,000 tax cuts $9,000 for official reception and representa- pair, rehabilitation, and renovation of facili- for persons who make more than a mil- tion expenses, $2,389,491,000, which shall re- ties, not to exceed $85,000 per project; lion dollars a year a higher priority main available until September 30, 2007, in- $1,258,333,000, to remain available until ex- than dealing with the $300 billion-plus cluding administrative costs of the pended, consisting of such sums as are avail- brownfields program under the Small Busi- able in the Trust Fund upon the date of en- backlog that our States and commu- ness Liability Relief and Brownfields Revi- actment of this Act as authorized by section nities have in dealing with their sewer talization Act of 2002. 517(a) of the Superfund Amendments and Re- and water problems. When I came to this Congress, the AMENDMENT OFFERED NO. 17 BY MR. GRIJALVA authorization Act of 1986 (SARA) and up to Mr. GRIJALVA. Mr. Chairman, I $1,258,333,000 as a payment from general reve- population of this country was 203 mil- offer an amendment. nues to the Hazardous Substance Superfund lion people and our principal program for purposes as authorized by section 517(b) The Acting CHAIRMAN. The Clerk to attack the lack of clean water was a of SARA, as amended: Provided, That funds multi-billion dollar grant program to will designate the amendment. appropriated under this heading may be allo- The text of the amendment is as fol- local communities. cated to other Federal agencies in accord- Today, our population is 35 percent lows: ance with section 111(a) of CERCLA: Provided higher, and yet we have moved prin- further, That of the funds appropriated under Amendment No. 17 offered by Mr. cipally to a loan program to our local GRIJALVA: this heading, $13,536,000 shall be transferred Page 64, line 17, after the dollar amount, to the ‘‘Office of Inspector General’’ appro- communities represented by the Clean insert the following: ‘‘(increased by priation to remain available until September Water Revolving Fund. $1,903,000) (decreased by $1,903,000)’’. 30, 2007, and $30,606,000 shall be transferred to And yet, despite that huge popu- The Acting CHAIRMAN. Pursuant to the ‘‘Science and technology’’ appropriation lation increase, that huge increase in the order of the House of today, the to remain available until September 30, 2007. demand, the committee has chosen to gentleman from Arizona (Mr. LEAKING UNDERGROUND STORAGE TANK cut this key program by 40 percent PROGRAM over a 2-year period. I am simply ask- GRIJALVA) and a Member opposed each will control 5 minutes. For necessary expenses to carry out leaking this House to reconsider its earlier The Chair recognizes the gentleman ing underground storage tank cleanup activi- priority decision. I am asking them to ties authorized by section 205 of the Super- approve an amendment that will scale from Arizona (Mr. GRIJALVA). Mr. GRIJALVA. Mr. Chairman, I fund Amendments and Reauthorization Act back that $140,000 tax cut to $138,000. of 1986, and for construction, alteration, re- What do we do with that money? Do yield myself such time as I may con- pair, rehabilitation, and renovation of facili- we expand the clean water program? sume. ties, not to exceed $85,000 per project, Mr. Chairman, I rise today to offer an No. All we are trying to do is to bring $73,027,000, to remain available until exit back to the level that it was at 2 amendment that shifts funding within pended. years ago before we went on this cut- the EPA environmental program and OIL SPILL RESPONSE ting binge. I know that this amend- management account. For expenses necessary to carry out the ment is subject to a point of order, be- Although the rules of the House pre- Environmental Protection Agency’s respon- cause the Rules Committee chose not vent me from specifying in the amend- sibilities under the Oil Pollution Act of 1990, to protect it. ment where the funding will go, it is $15,863,000, to be derived from the Oil Spill I would hope, however, that no Mem- my intention to restore funding for Liability trust fund, to remain available until expended. ber of the House would lodge that point EPA’s environmental justice program. of order. If they do not, we would be Mr. TAYLOR of North Carolina. Mr. AMENDMENT OFFERED BY MR. OBEY able to make this priorities change and Chairman, will the gentleman yield? Mr. OBEY. Mr. Chairman, I offer an send it on to the Senate. It seems to Mr. GRIJALVA. I yield to the gen- amendment. me that if you ask any man or woman tleman from North Carolina. The Acting CHAIRMAN. The Clerk on the street in this country whether Mr. TAYLOR of North Carolina. Mr. will designate the amendment. they think it is more important to pro- Chairman, we would accept the gentle- The text of the amendment is as fol- vide a $140,000 tax cut for the most for- man’s amendment. lows: tunate 1 percent of people in this coun- Mr. GRIJALVA. Mr. Chairman, I Amendment offered by Mr. OBEY: try or whether they would be willing to want to thank the chairman and the On page 66 after line 20, insert the fol- settle for a $138,000 tax cut so we have lowing new section: ranking member. enough money in the budget to clean Mr. Chairman, I yield back the bal- CLEAN WATER STATE REVOLVING FUND up our dirty water for our local com- ance of my time. (INCLUDING REVENUE OFFSETS) munities, they would certainly choose The Acting CHAIRMAN. The ques- In addition to amounts otherwise made the latter. tion is on the amendment offered by available in this Act, $500,000,000 shall be I am tired of reading headlines in the gentleman from Arizona (Mr. available for making capitalization grants newspapers like the Milwaukee Jour- GRIJALVA). for the Clean Water State Revolving Fund nal, for instance, reporting on the The amendment was agreed to. under title IV of the Federal Water Pollution cryptosporidium outbreak in Mil- The Clerk will read. Control Act, as amended: Provided, that, waukee because of a bad sewer and The Clerk read as follows: notwithstanding provisions of the Economic water system. I am tired of seeing com- OFFICE OF INSPECTOR GENERAL Growth and Tax Relief Act of 2001 and the Jobs and Growth Tax Relief Reconciliation munities dump their overflow sewage For necessary expenses of the Office of In- Act of 2003, in the case of taxpayers with ad- into Lake Michigan or Lake Superior spector General in carrying out the provi- justed gross income in excess of $1,000,000 for or any other lake in this country every sions of the Inspector General Act of 1978, as calendar year 2006, the amount of tax reduc- amended, and for construction, alteration, time they have a storm. tion resulting from such acts shall be re- repair, rehabilitation, and renovation of fa- It is about time that we make ma- duced by 1.562 percent. cilities, not to exceed $85,000 per project, ture choices, and I think this amend- $37,955,000 to remain available until Sep- The Acting CHAIRMAN. Pursuant to ment is an effort to push the Congress tember 30, 2007. the order of the House of today, the into making one.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3641 Mr. Chairman, I reserve the balance water contaminants; $50,000,000 shall be for appropriated for State Revolving Funds of my time. architectural, engineering, planning, design, under title VI of that Act may be reserved by construction and related activities in con- the Administrator for grants under section POINT OF ORDER nection with the construction of high pri- 518(c) of that Act: Provided further, That no Mr. TAYLOR of North Carolina. Mr. ority water and wastewater facilities in the funds provided by this legislation to address Chairman, I make a point of order area of the United States-Mexico Border, the water, wastewater and other critical in- against the amendment because it pro- after consultation with the appropriate bor- frastructure needs of the colonias in the poses to change existing law and con- der commission; $15,000,000 shall be for United States along the United States-Mex- stitutes legislation in an appropria- grants to the State of Alaska to address ico border shall be made available to a coun- tions bill, and therefore violates clause drinking water and waste infrastructure ty or municipal government unless that government has established an enforceable local 2, rule XXI. needs of rural and Alaska Native Villages; $200,000,000 shall be for making grants for the ordinance, or other zoning rule, which pre- The rule states, in pertinent part, an construction of drinking water, wastewater vents in that jurisdiction the development or amendment to a general appropriations and storm water infrastructure and for water construction of any additional colonia areas, bill shall not be in order in changing quality protection (‘‘special project grants’’) or the development within an existing existing law, the amendment modifies in accordance with the terms and conditions colonia the construction of any new home, existing powers and duties. specified for such grants in the joint explan- business, or other structure which lacks I ask for a ruling from the Chair. atory statement of the managers accom- water, wastewater, or other necessary infra- The Acting CHAIRMAN. Does any panying this Act, and, for purposes of these structure: Provided further, That, notwithstanding any other provision of law, such Member wish to be heard on the point grants, each grantee shall contribute not less than 45 percent of the cost of the project funds that were appropriated under this of order? unless the grantee is approved for a waiver heading for special project grants in fiscal Mr. OBEY. Yes, I do, Mr. Chairman. by the Agency; $95,500,000 shall be to carry year 2000 or before and for which the Agency Mr. Chairman, the purpose of the out section 104(k) of the Comprehensive En- has not received an application and issued a Budget Act was to force the Congress vironmental Response, Compensation, and grant by September 30, 2006, shall be made to make tough trade-off choices, by Liability Act of 1980 (CERCLA), as amended, available to the Clean Water or Drinking making trade-offs between individual including grants, interagency agreements, Water Revolving Fund, as appropriate, for programs on the spending side and by and associated program support costs; the State in which the special project grant recipient is located: Provided further, That making trade-offs between revenue lev- $4,000,000 shall be for a grant to Puerto Rico for drinking water infrastructure improve- excess funds remaining after completion of a els and spending levels. ments to the Metropolitano community special project grant shall be made available The problem with the way the budget water system in San Juan; $10,000,000 for to the Clean Water or Drinking Water Re- process is being approached these days cost-shared grants for school bus retrofit and volving Fund, as appropriate, for the State is that instead of forcing Congress to replacement projects that reduce diesel in which the special project grant recipient look at those trade-offs clearly, the emissions: Provided, That beginning in fiscal is located: Provided further, That in the event process has been fragmented so that year 2006 and thereafter, the Administrator that a special project is determined by the Agency to be ineligible for a grant, the funds spending decisions occur at one point is authorized to make such grants, subject to terms and conditions as the Administrator for that project shall be made available to in the year, revenue decisions occur at shall establish, to State, tribal, and local the Clean Water or Drinking Water Revolv- another, and the public is therefore governmental entities responsible for pro- ing Fund, as appropriate, for the State in never aware of the connection that ex- viding school bus services to one or more which the special project grant recipient is ists between the two. school districts; and $1,153,300,000 shall be for located: Provided further, That, notwith- Unfortunately, because that is the grants, including associated program support standing any other provision of law, here- way the majority has proceeded it costs, to States, federally recognized tribes, tofore and hereafter, after consultation with means that this amendment is subject interstate agencies, tribal consortia, and air the House and Senate Committees on Appro- pollution control agencies for multi-media priations and for the purpose of making to a point of order if any Member or single media pollution prevention, control technical corrections, the Administrator is chooses to make one, and so I very re- and abatement and related activities, includ- authorized to award grants under this head- gretfully concede the point of order. ing activities pursuant to the provisions set ing to entities and for purposes other than The Acting CHAIRMAN. The point of forth under this heading in Public Law 104– those listed in the joint explanatory state- order is conceded and sustained. 134, and for making grants under section 103 ments of the managers accompanying the The Clerk will read. of the Clean Air Act for particulate matter Agency’s appropriations Acts for the con- The Clerk read as follows: monitoring and data collection activities of struction of drinking water, wastewater and which and subject to terms and conditions storm water infrastructure and for water STATE AND TRIBAL ASSISTANCE GRANTS specified by the Administrator, of which quality protection. (INCLUDING RESCISSIONS OF FUNDS) $52,000,000 shall be for carrying out section POINTS OF ORDER For environmental programs and infra- 128 of CERCLA, as amended, and $20,000,000 Mr. GILLMOR. Mr. Chairman, I rise structure assistance, including capitaliza- shall be for Environmental Information Ex- to make a point of order. tion grants for State revolving funds and change Network grants, including associated The Acting CHAIRMAN. The gen- performance partnership grants, program support costs, and $15,000,000 shall tleman will state his point of order. $3,127,800,000, to remain available until ex- be for making competitive targeted water- pended, of which $750,000,000 shall be for shed grants: Provided further, That for fiscal Mr. GILLMOR. Mr. Chairman, I making capitalization grants for the Clean year 2006, State authority under section make a point of order to the language Water State Revolving Funds under title VI 302(a) of Public Law 104–182 shall remain in beginning with quote, except that not- of the Federal Water Pollution Control Act, effect: Provided further, That notwith- withstanding section 1452(n) on page 67, as amended (the ‘‘Act’’), of which up to standing section 603(d)(7) of the Act, the lim- line 17 through water contaminants on $50,000,000 shall be available for loans, in- itation on the amounts in a State water pol- line 22, violates clause 2 of rule XXI of cluding interest free loans as authorized by lution control revolving fund that may be the rules of the House of Representa- 33 U.S.C. 1383(d)(1)(A), to municipal, inter- used by a State to administer the fund shall tives prohibiting legislation on appro- municipal, interstate, or State agencies or not apply to amounts included as principal priation bills. nonprofit entities for projects that provide in loans made by such fund in fiscal year 2006 The language that I have cited says treatment for or that minimize sewage or and prior years where such amounts rep- stormwater discharges using one or more ap- resent costs of administering the fund to the that notwithstanding the provisions of proaches which include, but are not limited extent that such amounts are or were the Safe Drinking Water Act none of to, decentralized or distributed stormwater deemed reasonable by the Administrator, ac- the money in the fiscal year 2005 De- controls, decentralized wastewater treat- counted for separately from other assets in partment of Interior appropriations ment, low-impact development practices, the fund, and used for eligible purposes of bill or even previous appropriations conservation easements, stream buffers, or the fund, including administration: Provided acts may be reserved by the EPA Ad- wetlands restoration; $850,000,000 shall be for further, That for fiscal year 2006, and not- ministrator for health effects studies capitalization grants for the Drinking Water withstanding section 518(f) of the Act, the on drinking water contaminants. State Revolving Funds under section 1452 of Administrator is authorized to use the This language clearly constitutes the Safe Drinking Water Act, as amended, amounts appropriated for any fiscal year legislating on an appropriations bill, except that, notwithstanding section 1452(n) under section 319 of that Act to make grants of the Safe Drinking Water Act, as amended, to Indian tribes pursuant to sections 319(h) and as such, violates clause 2 of rule none of the funds made available under this and 518(e) of that Act: Provided further, That XXI. heading in this Act, or in previous appropria- for fiscal year 2006, notwithstanding the lim- The Acting CHAIRMAN. Does any tions Acts, shall be reserved by the Adminis- itation on amounts in section 518(c) of the Member wish to be heard on the point trator for health effects studies on drinking Act, up to a total of 11⁄2 percent of the funds of order? If not the Chair will rule.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3642 CONGRESSIONAL RECORD — HOUSE May 19, 2005 The Chair finds that the provision ex- The Acting CHAIRMAN. The Clerk district that right now are having dif- plicitly supersedes existing law. The will designate the amendment. ficulty, for instance, even allowing the provision therefore constitutes legisla- The text of the amendment is as fol- Park Service to attach its new head- tion in violation of clause 2 of rule lows: quarters to the sewage system in one of XXI. Amendment offered by Mr. OBEY: the cities in my district because that The point of order is sustained and 1. On page 67, line 1 with respect to the system is so out of compliance that the the provision is stricken from the bill. funding level for the Clean Water State Re- State Department of Natural Re- Mr. GILLMOR. Mr. Chairman, I have volving Fund, strike the figure $750,000,000 sources is urging that they hook up no two more points of order. and insert $850,000,000. further users. The Acting CHAIRMAN. The gen- 2. On page 68, line 5 strike the figure We have seen, as I said earlier, sto- $200,000,000 and insert $100,000,000: tleman will state his point of order. ries of overflow, sewage overflow every Mr. GILLMOR. Mr. Chairman, I The Acting CHAIRMAN. Pursuant to time there is a huge storm. In the Mil- make a point of order to the language the order of the House of today, the waukee Journal, there was a picture of beginning with, that beginning in fiscal gentleman from Wisconsin (Mr. OBEY) a huge sewage plume in Lake Michigan year 2006 on page 68 line 23, through and the gentleman from North Caro- after heavy storms just last year. school districts on page 69 line 3 vio- lina (Mr. TAYLOR) each will control 10 We are being incredibly negligent if lates clause 2 of rule XXI of the rules of minutes. we do not add money to this fund, rath- the House of Representatives prohib- The Chair recognizes the gentleman er than cut it; and yet today, because iting legislation on appropriation bills. from Wisconsin (Mr. OBEY). of the budget resolution, we are pre- The language that I have cited au- Mr. OBEY. Mr. Chairman, I yield my- vented from adding money. We would thorizes the Administrator of the EPA self such time as I may consume. at least like to reduce the size of the to set terms and conditions for grants Mr. Chairman, unlike the previous cut by 50 percent, by moving money concerning the retrofitting and re- amendment, which I would have pre- over from the STAG grant program. placement of diesel engines in school ferred, this amendment is not subject As I say, I have nothing against the bus services that contract with com- to a point of order. And let me explain STAG grant program, but if you fund munities. what it does. STAG grants by cutting your basic This language clearly constitutes This amendment simply eliminates loan program, you are literally robbing legislating on an appropriations bill, one-half of the cut that the committee Peter to pay Peter, and I think that and as such violates clause 2 of rule recommendation would make in the makes no sense whatsoever. XXI. Clean Water Revolving Fund, and pays Mr. Chairman, I reserve the balance The Acting CHAIRMAN. Does any for it by taking $100 million out of of my time. Member wish to be heard on the point STAG grants. Mr. TAYLOR of North Carolina. Mr. of order? Now, I know everyone in this House Chairman, I yield myself such time as Hearing none, the Chair will rule. likes STAG grants. I like them myself. I may consume. The Chair finds that this provision The problem is that if you take a look The amendment would increase the includes language conferring author- at last year’s committee report, for in- Clean Water State Revolving Fund by ity. The provision therefore constitutes stance, you will find over 10 pages list- $100 million and cut special project legislation in violation of clause 2 of ing hundreds of individual tiny grants, grants under the State and Tribal As- rule XXI. $75,000, $100,000, $125,000 a piece, tiny sistance programs by $100 million. The point of order is sustained and little grants to communities all over The committee’s recommendation for the provision is stricken from the bill. the country to supposedly help them the Clean Water State Revolving Fund Mr. GILLMOR. Point of order, Mr. pay for their sewer and water prob- is identical to the level in the House Chairman. lems. bill for this program in fiscal year 2005. The Acting CHAIRMAN. The gen- Almost every Member of Congress b 1600 tleman will state his point of order. wrote to the subcommittee requesting Mr. GILLMOR. Mr. Chairman, I The problem is that we are fooling one or more STAG projects. These make a point of order that the lan- ourselves because those STAG grants projects are often the only recourse for guage beginning with, quote, that for are being paid for by reductions in the rural communities that, for whatever fiscal year 2006 on page 69, line 19 basic loan program that we use to as- reason, are unable to qualify for a loan through ‘‘further’’ on line 22 violates sist communities all over the country under the Clean Water or Drinking clause 2 of rule XXI of the House of deal with the same problem. Water revolving funds. Representatives prohibiting legislation What it means is that each Member I admire the gentleman from Wiscon- on appropriations bills. is able to go home and dangle a little sin’s (Mr. OBEY) willingness to sacrifice The language that I have cited pro- grant that we have gotten for our dis- special STAG projects to increase the vides for State authority to remain in trict—and I have done it myself, I will Clean Water Fund. The Committee has effect under section 302(a) of Public get whatever money I can for my dis- a very difficult time in making these Law 104–182 allowing States to swap a trict—but we go home and dangle that decisions. I do not believe it is an apportion of their drinking water and tiny little bit of money when, in fact, propriate approach, given that these waste water trust funds between ac- what we need is to have a major in- projects address critical infrastructure counts. crease in the loan program that every needs that otherwise might never be This language clearly constitutes community in this country applies for addressed, and I urge a ‘‘no’’ vote on legislating on an appropriations bill from time to time. this amendment. and as such violates clause 2 of rule The fact is that the Clean Water Mr. Chairman, I reserve the balance XXI. State Revolving Fund is the crucial of my time. The Acting CHAIRMAN. Does any program for helping local communities The Acting CHAIRMAN (Mr. Member wish to be heard on the point with sewage treatment plants infra- MCHUGH). The gentleman from Wis- of order? Hearing none the Chair will structure. It is a keystone of the Clean consin (Mr. OBEY) has 6 minutes re- rule. Water Act; and yet this committee is maining. The Chair finds that this provision recommending with the cut in the bill Mr. OBEY. Mr. Chairman, I yield 3 includes language conferring author- this year that we effectively cut this minutes to the distinguished gen- ity. The provision therefore constitutes program by 40 percent over 2 years. It tleman from Washington (Mr. DICKS). legislation in violation of clause 2 of was already cut 19 percent last year. I Mr. DICKS. Mr. Chairman, this is one rule XXI. think that is a terrible, terrible deci- of the tougher issues in our bill. I feel The point of order is sustained. The sion to make. that we are inadequately funding the provision is stricken from the bill. Our communities have more than State revolving grants, and this pro- AMENDMENT OFFERED BY MR. OBEY $300 billion in backlog requirements to gram goes out to each of the States Mr. OBEY. Mr. Chairman, I offer an clean up their sewer and water sys- and they are able to make loans to the amendment. tems. There are communities in my local communities at low interest rates

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3643 in order to fund projects that are cru- Mr. TAYLOR of North Carolina. Mr. of Representatives approved the Republican cially important. Chairman, I yield myself such time as budget. Today, we’re dealing with the con- I know in my own district I have got I may consume. sequences of that vote and the majority’s mis- cities like Shelton and Hoodsport, I would repeat, the special grants guided priorities. The budget that was agreed Belfair, Tacoma, all of which depend on program under STAG would be cut by to contained more than $100 billion in addi- this source of funding. STAG grants $100 million under this amendment. As tional cuts—the vast majority of which dis- are important, and I support the pro- I mentioned, these projects are often proportionately benefit the very richest individ- gram. the only recourse for rural commu- uals in this country. At the same time, the I wish we could do more in both nities that, for whatever reason, are budget calls for billions of dollars in spending areas. It is just unfortunate that, un- unable to qualify for a loan under the cuts, nearly all of which were not specified. like when EPA was first created, we Clean Water or Drinking Water state Well, the chickens have come home to had 3 or $4 billion of funding for grants revolving funds. roost. The bill before the House contains a at a 90–10 Federal match; and yet we It is a difficult decision in our bill in $241 million cut in Clean Water funding, a removed away from those programs. I do allocating money. The STAG grants duction of 22 percent. This cut comes on top not believe we are funding this ade- are one way that we can answer the of the Clean Water funding reductions that quately. This means less money to the needs made by their representatives were approved last year. States and then less money goes out to who are elected to this Congress. To There was a time during the 1970s and the communities. I hope that as we go oppose this, I think, is taking away the 1980s when the Federal Government provided further in the process we can find a right of the membership to look in most of the funding to upgrade water treat- way to help correct this problem. their districts for those needs which ment plants and improve sewer infrastructure The gentleman from Wisconsin (Mr. maybe go beyond the official needs, around this country. Today, there is really only OBEY) has his approach, which I am and I oppose this amendment and hope one Federal program left to help communities supporting; and I think this is one of everyone else will also. improve sewer infrastructure to keep pollution the jobs that appropriators have to do. Mr. Chairman, I reserve the balance out of our lakes, rivers and streams, and that’s We have to make difficult choices, and of my time. the Clean Water State Revolving Loan Pro- this is a very difficult choice; but I Mr. OBEY. Mr. Chairman, how much gram. think it is the correct one. time do I have remaining? Let me tell you what this program has done Mr. TAYLOR of North Carolina. Mr. The Acting CHAIRMAN. The gen- in my district. In the mid-1990s, fourteen com- Chairman, I reserve the balance of my tleman from Wisconsin (Mr. OBEY) has munities in my district were confronted with time. 3 minutes remaining. Mr. OBEY. Mr. Chairman, how much the difficult necessity of upgrading the Twelve Mr. OBEY. Mr. Chairman, I yield my- time do I have left? Towns Drain. The problem was that whenever The Acting CHAIRMAN. The gen- self the remainder of the time. there was a significant storm in Southeastern Mr. Chairman, I do not in any way tleman from Wisconsin (Mr. OBEY) has Michigan, the Drain would quickly overflow criticize the subcommittee chairman and spill millions of gallons of partially treated 41⁄2 minutes remaining. for decisions he has made. The problem Mr. OBEY. Mr. Chairman, I yield 11⁄2 sewage into the Clinton River. The result was minutes to the gentleman from New does not lie with his decisions. The deteriorating water quality in the Clinton River York (Mr. HINCHEY). problem lies with the budget resolution and beach closures at the River’s terminus in Mr. HINCHEY. Mr. Chairman, I want which imposes those decisions on him. Lake St. Clair. to thank the gentleman from Wis- I certainly understand Members ask- The solution was to expand the retention consin (Mr. OBEY), my friend, for allowing for STAG grants if that is their basin to prevent the sewage overflows, but the ing me this time. only access, and I have no objection to cost was enormous: $130 million. The purpose of these amendments, that, but my objection is simply this: The Twelve Towns Drain improvements this one and the one previous to it, in the budget resolution, which the ma- could not have been accomplished without the part at least, is to demonstrate how jority party voted for, decided that it Clean Water State Revolving Fund. The com- misaligned the priorities of this Con- was so important to provide tax cuts of munities involved with this project borrowed gress have become and how far we have $140,000 a year to people who make over more than $100 million from the revolving devolved, how we have regressed from a a million bucks that they are willing fund. Giving these communities the ability to period in the 1970s when the Clean to cut back the basic program that borrow the needed money at below-market in- Water Act was passed and this Con- helps communities deal with their terest rates is the least the Federal govern- gress demonstrated its concern and un- sewer and water problems by 40 percent ment could do, and that’s what the State Re- derstanding of the environmental needs over a 2-year period. volving Fund makes possible. Thanks to the of our Nation. Then what they do after they have Revolving Loan Program, this massive water In the last 3 years, this fund has been imposed those kind of cuts on this pro- infrastructure effort will be completed later this cut by almost 50 percent; and prior to gram, then they go to the STAG pro- year. This is an example of the kind of water those 3 years, it had been cut pre- gram. They get a tiny little $100,000 or quality work that will be sacrificed unless we viously, leaving the States with little $150,000 program for their districts. approve this amendment. or no money to deal with the issue of They go to their districts, they say, Earlier this week, I received a letter from the clean water. ‘‘Oh, look, what a good boy am I, look Director of the Michigan Department on Envi- Thirty years ago, we recognized that what a friend I am for clean water.’’ ronmental Quality. This is what he says: ‘‘Dis- the waters of this country should be Meanwhile, the votes that they have charges from aging and failing sewerage sys- swimable, fishable and drinkable. The cast on the budget resolution have gut- tems, urban storm water, and other sources waters of this country are becoming ted the ability of this Congress to pro- continue to pose serious threats to Michigan’s less so in each of those three categories vide meaningful help to communities lakes, rivers, and estuaries, endangering our as a result of the mismanagement of who need real help on sewer and water. public health, tourism, and recreation areas.’’ funding by this Congress, by the devo- I think we are sort of chasing our He goes on to say that the proposed State lution of our philosophy in this Con- tail; and so, as the gentleman from Revolving Fund cuts ‘‘will likely severely im- gress, and by the priorities set by the Washington (Mr. DICKS) says, this is a pede the amount of water infrastructure leadership of this Congress. very difficult priorities choice, and I do projects that can be funded in the state of People in this country are experi- not fault the gentleman from North Michigan.’’ encing conditions that are less safe, Carolina at all for the choice he has There isn’t a Member of this House who less secure, and less healthy as a result made. I think we have an obligation to supports polluted waterways or beach clo- of the mismanagement of the people’s try to put some more money back into sures, but there is a chasm between rhetoric funds. My colleagues are more con- the basic program first. That is what and reality when it comes to providing the cerned with cutting taxes for million- the amendment tries to do, and I would needed resources. If this Congress wants to aires than providing safety and secu- urge a ‘‘yes’’ vote. be on the side of rivers, lakes and streams rity and good drinking water for the Mr. LEVIN. Mr. Chairman, I rise in strong that are drinkable, swimmable and fishable, American people. These priorities must support of the Obey amendment. Three weeks it’s time to put your money where your mouth change. ago, by a bare three-vote margin, the House is. Vote for the Obey amendment.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3644 CONGRESSIONAL RECORD — HOUSE May 19, 2005 Mr. Chairman, I yield back the bal- Mr. GILLMOR. I yield to the gen- Page 68, line 14, insert ‘‘(increased by ance of my time. tleman from North Carolina. $2,000,000)’’ after ‘‘$95,500,000’’. Mr. TAYLOR of North Carolina. Mr. TAYLOR of North Carolina. Mr. Page 69, line 4, insert ‘‘(reduced by Again, I say this is a very difficult Chairman, I am pleased to work with $2,000,000)’’ after ‘‘$1,153,300,000’’. choice to make, and the committee has the authorizing committee chairman. Page 69, line 14, insert ‘‘(reduced by $2,000,000)’’ after ‘‘$52,000,000’’. tried to be as bipartisan as possible. I want to assure the chairman that I Mr. Chairman, I yield back the bal- will work to remove or modify objec- The Acting CHAIRMAN. Pursuant to ance of my time. tionable provisions under his jurisdic- the order of the House of today, the The Acting CHAIRMAN. The question as we move the bill into con- gentlewoman from Texas (Ms. EDDIE tion is on the amendment offered by ference. BERNICE JOHNSON) and a Member op- the gentleman from Wisconsin (Mr. Mr. GILLMOR. Mr. Chairman, I posed each will control 5 minutes. OBEY). thank the gentleman for this, and I The Chair recognizes the gentle- The question was taken; and the Act- also note that the amendment I am of- woman from Texas (Ms. EDDIE BERNICE ing Chairman announced that the noes fering today represents a compromise JOHNSON of Texas). appeared to have it. on a provision dealing with corrections Ms. EDDIE BERNICE JOHNSON of Mr. OBEY. Mr. Chairman, I demand a to the State and Tribal grants tech- Texas. Mr. Chairman, I yield myself recorded vote. nical correction authority to make it such time as I may consume. The Acting CHAIRMAN. Pursuant to clear that it applies solely to ear- Mr. Chairman, my amendment will clause 6 of rule XVIII, further pro- marked grants in the conference agree- provide an additional $2 million for ceedings on the amendment offered by ment that are incorporated by ref- brownfield assessments and cleanups, the gentleman from Wisconsin (Mr. erence in the appropriations bill and while fully funding grants for States to OBEY) will be postponed. that the authority does not apply to fu- administer their voluntary cleanup AMENDMENT OFFERED BY MR. GILLMOR ture appropriations. programs. Mr. GILLMOR. Mr. Chairman, I offer The assessment and cleanup of 1615 an amendment. b brownfields are critical to the eco- The Acting CHAIRMAN. The Clerk I understand the chairman’s need for nomic and environmental health of will designate the amendment. language that allows him to conduct communities across the Nation. The text of the amendment is as fol- some technical housekeeping of some Brownfields represent lost opportunity lows: grant provisions in predecessor spend- where they exist. Amendment offered by Mr. GILLMOR: ing bills. I look forward to further dis- In 2002, President Bush signed the Page 71, line 21, strike ‘‘Provided’’ and all cussions with him regarding the terms Small Business Liability Relief and that follows through page 72, line 6, and in- ‘‘for other purposes’’ to ensure that Brownfields Revitalization Act. That sert the following: this language is clearly and narrowly bill authorized $200 million annually in Provided further, That notwithstanding this understood as applying to corrections Federal assistance to States and local or previous appropriations Acts, after con- that are technical in nature and not sultation with the House and Senate Com- communities to assess brownfield sites mittees on Appropriations and for the pur- broadly defined to include changes in and to conduct cleanup where the as- poses of making technical corrections, the policy. sessment indicated that cleanup was Administrator is authorized to award grants Mr. TAYLOR of North Carolina. Mr. warranted. The law also authorized $50 to entities under this heading for purposes Chairman, if the gentleman will con- million annually in grants to States to other than those listed in the joint explana- tinue to yield, I have reviewed the gen- assist States in implementing vol- tory statements of the managers accom- tleman’s amendment and am willing to untary cleanup programs. panying the Agency’s appropriations Acts accept it. I have already notified the The committees that wrote this leg- for the construction of drinking water, waste Senate of the changes we agreed upon islation, the Committee on Transpor- water and storm water infrastructure, and with respect to the ‘‘special projects’’ for water quality protection. tation and Infrastructure and the Com- correction authority, and I look for- mittee on Energy and Commerce, fol- The Acting CHAIRMAN. Pursuant to ward to working with the gentleman as the order of the House of today, the lowing years of hearings, discussions the bill moves forward this year and on and considerations, determined an as- gentleman from Ohio (Mr. GILLMOR) future appropriation bills. sessment on cleanup of brownfields re- and a Member opposed each will con- Mr. DICKS. Mr. Chairman, will the trol 5 minutes. quired at least $200 million annually gentleman yield? and that State voluntary cleanup pro- The Chair recognizes the gentleman Mr. GILLMOR. I yield to the gen- from Ohio (Mr. GILLMOR). grams should be supported at $50 mil- tleman from Washington. lion annually. Mr. GILLMOR. Mr. Chairman, I yield Mr. DICKS. Mr. Chairman, I want to The bill before the House provides $52 myself such time as I may consume. commend the gentleman. I think it is a million for the State programs and I am offering this amendment today good amendment and concur with our only $95.5 million for assessment and to clarify some language in the bill chairman that we should accept it. cleanups. My amendment simply trans- that is under the jurisdiction of the Mr. GILLMOR. Mr. Chairman, refers this unauthorized $2 million in Committee on Energy and Commerce. claiming my time, I thank the chair- grants to the State bureaucracies to It is a good amendment that I hope we man and the ranking member for their the actual assessment and cleanup of can adopt today. cooperation and support and I urge pas- brownfield sites, and I believe that it As part of the debate on this amend- sage of the amendment. ment, I would like to engage in a col- Mr. Chairman, I yield back the bal- will be more useful to do that. loquy with the gentleman from North ance of my time. When the President signed the Carolina (Mr. TAYLOR), the chairman of The Acting CHAIRMAN (Mr. Brownfields Revitalization Act in 2002, the Subcommittee on the Interior, En- MCHUGH). The question is on the it represented the centerpiece of the vironment and Related Agencies of the amendment offered by the gentleman administration’s environmental agen- Committee on Appropriations. from Ohio (Mr. GILLMOR). da. It was widely praised and received First, however, let me thank the gen- The amendment was agreed to. broad bipartisan support. According to tleman from North Carolina (Chairman AMENDMENT NO. 13 OFFERED BY MS. EDDIE the Government Accountability Office, Taylor) for his patience and express my BERNICE JOHNSON OF TEXAS there are well over 500,000 brownfields appreciation both to him and to his Ms. EDDIE BERNICE JOHNSON of across the country. staff for the fair way that they have Texas. Mr. Chairman, I offer an amend- These abandoned and underused sites worked with me and my staff to re- ment. represent a blight to neighborhoods, move authorizing provisions in the ap- The Acting CHAIRMAN. The Clerk pose health and safety threats, and cre- propriations bill, which are under the will designate the amendment. ate a drain on economic activity. jurisdiction of the Committee on En- The text of the amendment is as fol- Brownfield grants generate economic ergy and Commerce. lows: returns in excess of five to one. Mr. TAYLOR of North Carolina. Mr. Amendment No. 13 offered by Ms. EDDIE The City of Dallas, which I represent, Chairman, will the gentleman yield? BERNICE JOHNSON of Texas: one of the first cities designated as a

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3645 Brownfield Showcase Community by Mr. TAYLOR of North Carolina. Mr. Mr. TAYLOR of North Carolina. Mr. the Environmental Protection Agency, Chairman, I yield myself such time as Chairman, I yield back the balance of has used assessment and remediation I may consume simply to say that with my time. grant programs to redevelop 35 sites in such persuasive statements from the The Acting CHAIRMAN. The ques- the core of the city. gentlewoman and the gentleman from tion is on the amendment offered by A Federal investment of less than $2 Tennessee, I have no objection to this the gentlewoman from Texas (Ms. million has leveraged more than $370 amendment. EDDIE BERNICE JOHNSON). million in private investment and cre- Mr. OBERSTAR. Mr. Chairman, I support The amendment was agreed to. ated or helped to retain close to 3,000 the amendment offered by Ms. JOHNSON of The Acting CHAIRMAN. The Clerk permanent full-time jobs. Over 1,600 Texas, the Ranking Democrat of the Sub- will read. units of housing, including 134 units of committee on Water Resources and Environ- The Clerk read as follows: affordable housing, have been devel- ment of the Committee on Transportation and For an additional amount for the Clean oped on former brownfield sites. The Infrastructure. The amendment moves $2 mil- Water State Revolving Fund, $100,000,000 shall be made available from the rescissions program has brought new vitality to lion from grants for state administrative ex- of multi-year and no-year funding, pre- long distressed portions of the city, penses to grants for communities to conduct viously appropriated to the Environmental boosting the tax base and bringing im- actual cleanup of contaminated brownfields. Protection Agency, the availability of which portant economic opportunities to the The Bush administration has called the fed- under the original appropriation accounts neighborhoods. eral brownfields program, enacted by the has not expired, and $100,000,000 in such fund- Unfortunately, this bill, and the ad- Committee on Transportation and Infrastruc- ing is hereby rescinded: Provided, That such ministration budget request it rep- ture in 2001, ‘‘one of the administration’s top rescissions shall be taken solely from resents, prefers to fund more State bu- priorities and a key to restoring contaminated amounts associated with grants, contracts, reaucracy rather than more actual sites to productive use.’’ Yet, despite this and interagency agreements whose availability under the original period for obliga- cleanup and economic redevelopment. praise, the administration’s budget requests tion for such grant, contract, or interagency Mr. Chairman, the inadequate funding for the cleanup of brownfields demonstrate its agreement has expired based on the April level for cleanup that was in the Presi- lack of commitment to the cleanups necessary 2005 review by the Government Account- dent’s budget is just another example to reduce the risks to human health and the ability Office. of the administration touting author- environment. ADMINISTRATIVE PROVISIONS ization legislation and failing to follow In fiscal year 2006, the administration re- For fiscal year 2006, notwithstanding 31 through with the actual funding. quested $210 million for Environmental Pro- U.S.C. 6303(1) and 6305(1), the Administrator According to the Conference of May- tection Agency’s brownfields program; how- of the Environmental Protection Agency, in ors, EPA regularly turns away about ever, of this amount, approximately 45 per- carrying out the Agency’s function to imple- two-thirds of the applicants for cent, or $90 million, is earmarked for Federal ment directly Federal environmental pro- brownfield assistance because of the and state bureaucrats to manage the program. grams required or authorized by law in the absence of an acceptable tribal program, lack of available funds. So I urge my That leaves only $120 million of a $210 million may award cooperative agreements to feder- colleagues to support the amendment. request devoted to actual cleanups—shovels ally-recognized Indian Tribes or Intertribal Mr. Chairman, I reserve the balance in the ground—and this bill further reduces consortia, if authorized by their member of my time. that amount by about 20%. Tribes, to assist the Administrator in imple- Mr. TAYLOR of North Carolina. Mr. Since 2001, the Bush administration has menting Federal environmental programs Chairman, I rise to claim the time in consistently requested far less than the fully- for Indian Tribes required or authorized by opposition to the amendment, and I authorized levels for assessment and clean- law, except that no such cooperative agree- yield 1 minute to the gentleman from ups, yet attempts to take credit for fully-fund- ments may be awarded from funds designated for State financial assistance agree- Tennessee (Mr. DUNCAN). ing the brownfields program. ments. Mr. DUNCAN. Mr. Chairman, I rise in While the budgetary constraints of the The Administrator of the Environmental support of the gentlewoman’s amend- House Republican Leadership prevent us from Protection Agency is authorized to collect ment, and I thank the gentleman from fully-funding brownfields cleanups, the amend- and obligate pesticide registration service North Carolina for yielding me this ment offered by the gentlewoman from Texas, fees in accordance with section 33 of the Fed- time. Ms. JOHNSON, shifts dollars away from the eral Insecticide, Fungicide, and Rodenticide This amendment will provide more management of the program to actual clean- Act (as added by subsection (f)(2) of the Pes- funding for brownfield site assessments ups. ticide Registration Improvement Act of and cleanup and bring the appropria- 2003), as amended. The amendment reduces, by $2 million, the Notwithstanding CERCLA tion for State voluntary cleanup pro- amount appropriated for State Response pro- 104(k)(4)(B)(i)(IV), appropriated funds for fis- grams in line with the level authorized grams under section 128 of the Superfund law cal year 2006 may be used to award grants or by the Small Business Liability Relief to $50 million, the total authorized level of loans under section 104(k) of CERCLA to eli- and Brownfields Revitalization Act. funding for these programs. gible entities that satisfy all of the elements This Brownfields Revitalization Act The amendment adds $2 million to the site set forth in CERCLA section 101(40) to qual- was legislation which came through assessment and cleanup portion of the ify as a bona fide prospective purchaser ex- our Subcommittee on Water Resources brownfields program, raising this level from cept that the date of acquisition of the prop- and Environment, which I have the $95.5 million to $97.5 million. Under current erty was prior to the date of enactment of the Small Business Liability Relief and privilege to chair and on which the law, the brownfields sites assessment and Brownfield Revitalization Act of 2001. gentlewoman from Texas (Ms. EDDIE cleanup program is authorized at $200 million For fiscal years 2006 through 2011, the Ad- BERNICE JOHNSON) serves as the rank- annually by section 104(k) of the Superfund ministrator may, after consultation with the ing minority member, and the Congress law, so even this increase leaves the program Office of Personnel Management, make not passed this legislation in 2002. at less than 50 percent of its authorized fund- to exceed five appointments in any fiscal Brownfields cleanup and redeveloping level. year under the authority provided in 42 ment are very important to our com- Mr. Chairman, the brownfields program is U.S.C. 209 for the Office of Research and De- velopment. munities and the economy. There are critical for the restoration and reuse of the leg- TITLE III—RELATED AGENCIES hundreds of thousands of brownfield acies of this Nation’s industrial era, many of sites around the Nation waiting to be which have plagued our cities and commu- DEPARTMENT OF AGRICULTURE cleaned up. We need to continue direct- nities for decades. FOREST SERVICE ing funds toward cleaning up and revi- In this time of scarce Federal resources, it FOREST AND RANGELAND RESEARCH talizing these sites by fully funding is important that we devote what limited dol- For necessary expenses of forest and range- lars are available to actually accomplishing land research as authorized by law, State voluntary cleanup programs. $285,000,000, to remain available until ex- The gentlewoman’s amendment helps what the brownfields program set out to do pended: Provided, That of the funds provided, accomplish this goal, and I urge all over five years ago—redeveloping the $62,100,000 is for the forest inventory and Members to support this amendment. underused and abandoned brownfields across analysis program. Ms. EDDIE BERNICE JOHNSON of this country. STATE AND PRIVATE FORESTRY Texas. Mr. Chairman, I have no further I strongly support the amendment offered by For necessary expenses of cooperating with requests for time, and I yield back the Ms. JOHNSON, and urge my colleagues to vote and providing technical and financial assist- balance of my time. ‘‘aye.’’ ance to States, territories, possessions, and

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3646 CONGRESSIONAL RECORD — HOUSE May 19, 2005 others, and for forest health management, toration, hazardous fuels reduction activities Mr. TAYLOR of North Carolina. Mr. including treatments of pests, pathogens, in the urban-wildland interface, support to Chairman, I yield myself such time as and invasive or noxious plants and for re- Federal emergency response, and wildfire I may consume. storing and rehabilitating forests damaged suppression activities of the Forest Service: Mr. Chairman, this amendment adds by pests or invasive plants, cooperative for- Provided further, That of the funds provided, estry, and education and land conservation $286,000,000 is for hazardous fuels reduction $1 million for the National Forest Sys- activities and conducting an international activities, $9,281,000 is for rehabilitation and tem, and I believe we have agreement program as authorized, $254,875,000, to re- restoration, $21,719,000 is for research activi- on both sides. main available until expended, as authorized ties and to make competitive research Mr. DICKS. Mr. Chairman, will the by law of which $25,000,000 is to be derived grants pursuant to the Forest and Rangeland gentleman yield? from the Land and Water Conservation Renewable Resources Research Act, as Mr. TAYLOR of North Carolina. I Fund: Provided, That none of the funds pro- amended (16 U.S.C. 1641 et seq.), $41,000,000 is yield to the gentleman from Wash- vided under this heading for the acquisition for State fire assistance, $8,000,000 is for volunteer fire assistance, $15,000,000 is for forest ington. of lands or interests in lands shall be avail- Mr. DICKS. Mr. Chairman, I rise to able until the Forest Service notifies the health activities on Federal lands and House Committee on Appropriations and the $10,000,000 is for forest health activities on advise that we do agree with the Senate Committee on Appropriations, in State and private lands: Provided further, amendment. writing, of specific contractual and grant de- That amounts in this paragraph may be Mr. TAYLOR of North Carolina. Mr. tails including the non-Federal cost share: transferred to the ‘‘State and Private For- Chairman, I yield back the balance of Provided further, That of the funds provided estry’’, ‘‘National Forest System’’, and ‘‘For- my time. herein, $1,000,000 shall be provided to Custer est and Rangeland Research’’ accounts to The Acting CHAIRMAN. The ques- County, Idaho for economic development in fund State fire assistance, volunteer fire assistance, forest health management, forest tion is on the amendment offered by accordance with the Central Idaho Economic the gentleman from North Carolina Development and Recreation Act, subject to and rangeland research, vegetation and wa- (Mr. TAYLOR). authorization. tershed management, heritage site rehabilitation, and wildlife and fish habitat manage- The amendment was agreed to. NATIONAL FOREST SYSTEM ment and restoration: Provided further, That AMENDMENT NO. 6 OFFERED BY MR. BEAUPREZ For necessary expenses of the Forest Serv- transfers of any amounts in excess of those ice, not otherwise provided for, for manage- Mr. BEAUPREZ. Mr. Chairman, I authorized in this paragraph, shall require offer an amendment. ment, protection, improvement, and utiliza- approval of the House and Senate Commit- tion of the National Forest System, tees on Appropriations in compliance with The Acting CHAIRMAN. The Clerk $1,423,920,000, to remain available until ex- reprogramming procedures contained in the will designate the amendment. pended, which shall include 50 percent of all report accompanying this Act: Provided fur- The text of the amendment is as fol- moneys received during prior fiscal years as ther, That funds provided under this heading lows: fees collected under the Land and Water Con- for hazardous fuels treatments may be trans- Amendment No. 6 offered by Mr. servation Fund Act of 1965, as amended, in ferred to and made a part of the ‘‘National BEAUPREZ: accordance with section 4 of the Act (16 Forest System’’ account at the sole discre- In title III of the bill under the heading U.S.C. 460l–6a(i)): Provided, That unobligated tion of the Chief of the Forest Service thirty ‘‘WILDLAND FIRE MANAGEMENT (IN- balances under this heading available at the days after notifying the House and the Sen- CLUDING TRANSFER OF FUNDS)’’, insert start of fiscal year 2006 shall be displayed by ate Committees on Appropriations: Provided after the first dollar amount on Page 76 the budget line item in the fiscal year 2007 budg- further, That the costs of implementing any following ‘‘(increased by $27,500,000)’’ et justification. cooperative agreement between the Federal Insert after the first dollar amount on page WILDLAND FIRE MANAGEMENT Government and any non-Federal entity may 77 ‘‘(increased by $27,500,000)’’ be shared, as mutually agreed on by the af- (INCLUDING TRANSFER OF FUNDS) In title III of the bill in the item relating fected parties: Provided further, That in addi- to ‘‘NATONAL ENDOWMENT FOR THE For necessary expenses for forest fire tion to funds provided for State Fire Assist- ARTS—GRANTS AND ADMINISTRATION’’, presuppression activities on National Forest ance programs, and subject to all authorities insert after the first dollar amount on Page System lands, for emergency fire suppression available to the Forest Service under the 106 the following ‘‘(reduced by 30,000,000)’’ on or adjacent to such lands or other lands State and Private Forestry Appropriations, under fire protection agreement, hazardous up to $15,000,000 may be used on adjacent The Acting CHAIRMAN. Pursuant to fuels reduction on or adjacent to such lands, non-Federal lands for the purpose of pro- the order of the House of today, the and for emergency rehabilitation of burned- tecting communities when hazard reduction gentleman from Colorado (Mr. over National Forest System lands and activities are planned on national forest BEAUPREZ) and a Member opposed each water, $1,790,506,000, to remain available lands that have the potential to place such will control 5 minutes. until expended: Provided, That such funds in- communities at risk: Provided further, That The Chair recognizes the gentleman cluding unobligated balances under this the Secretary of the Interior and the Sec- from Colorado (Mr. BEAUPREZ). heading, are available for repayment of ad- retary of Agriculture may authorize the vances from other appropriations accounts Mr. BEAUPREZ. Mr. Chairman, I transfer of funds appropriated for wildland yield myself such time as I may con- previously transferred for such purposes: fire management, in an aggregate amount Provided further, That such funds shall be not to exceed $9,000,000, between the Depart- sume. available to reimburse State and other co- ments when such transfers would facilitate Mr. Chairman, this amendment operating entities for services provided in re- and expedite jointly funded wildland fire would reduce funding for the National sponse to wildfire and other emergencies or management programs and projects: Provided Endowment of the Arts by $30 million disasters to the extent such reimbursements further, That funds designated for wildfire and transfer the funds to the United by the Forest Service for non-fire emer- suppression, shall be assessed for indirect gencies are fully repaid by the responsible States Forest Service for thinning costs, in a manner consistent with such as- projects to reduce the threat of cata- emergency management agency: Provided sessments against other agency programs. further, That not less than 50 percent of any strophic wildfires. AMENDMENT OFFERED BY MR. TAYLOR OF unobligated balances remaining (exclusive of As Members of this Chamber will cer- NORTH CAROLINA amounts for hazardous fuels reduction) at tainly remember, the summers of 2000 Mr. TAYLOR of North Carolina. Mr. the end of fiscal year 2005 shall be trans- and 2002 were the two largest and most Chairman, I offer an amendment. ferred, as repayment for past advances that destructive fire seasons in the last 50 have not been repaid, to the fund established The Acting CHAIRMAN. The Clerk will designate the amendment. years. According to information pre- pursuant to section 3 of Public Law 71–319 (16 sented by the United States Forest U.S.C. 576 et seq.): Provided further, That, The text of the amendment is as fol- notwithstanding any other provision of law, lows: Service Chief, Dale Bosworth, in 2002, some 73 million acres of the 192 million $8,000,000 of funds appropriated under this ap- Amendment offered by Mr. TAYLOR of propriation shall be used for Fire Science North Carolina: acres managed by the United States Research in support of the Joint Fire On page 75, line 12, after the dollar Forest Service remain at risk to cata- Science Program: Provided further, That all amount, insert, ‘‘(increased by $1,000,000)’’. strophic wildfire. That is greater than authorities for the use of funds, including The Acting CHAIRMAN. Pursuant to the size of the entire State of Arizona. the use of contracts, grants, and cooperative the order of the House of today, the The Wall Street Journal reported agreements, available to execute the Forest that parts of the National Forest Sys- and Rangeland Research appropriation, are gentleman from North Carolina (Mr. also available in the utilization of these TAYLOR) and a Member opposed each tem contain more than 400 tons of dry funds for Fire Science Research: Provided will control 5 minutes. fuel per acre, or 10 times the manage- further, That funds provided shall be avail- The Chair recognizes the gentleman able or appropriate level. Disease and able for emergency rehabilitation and res- from North Carolina (Mr. TAYLOR). insect infestations have also attributed

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3647 to an increase in combustible fuels. In b 1630 Mr. DICKS. Mr. Chairman, I rise in Colorado alone, surveys have recorded However, a very small percentage of strong opposition to the gentleman’s that approximately 1.2 million trees artistic funds comes from the Federal amendment. Make no mistake, the have been killed by mountain pine bee- Government. Still, since fiscal year principle purpose of this amendment is tle outbreaks in 2004. This is nearly 100 2000, NEA funding from the Federal to cut the National Endowment for the times the mortality rate reported in Government has increased by 19 per- Arts. I absolutely share the gentle- 1996. cent. In 2001, the NEA budget as a per- man’s concern that the forest system This is the kind of timber that turns centage of total revenues in the non- and BLM have sufficient funding to small fires into kinds of infernos that profit arts sector was less than 0.4 per- meet the challenge of fighting fires. have devastated Colorado and other cent. In fact, last year I worked closely western States in recent years, de- Most of the funding happens to come with the gentleman from North Caro- stroying homes, poisoning the air, from everyday patrons of the arts who lina (Chairman TAYLOR) to provide 2 scorching critical habitat, and choking enjoy them, philanthropists and cor- years of emergency funding to fight streams and rivers with tons of soot porate donations that foster the devel- wildfires which totaled $1 billion. This and sediment. opment of artistic communities. bill does not contain that emergency Positive steps have been made re- I commend these individuals and or- money, but non-emergency firefighting cently, most notably the passage of the ganizations for doing so. However, it is increased by $116 million when com- Healthy Forest Act, which enabled for- should be a greater priority of Congress pared to the non-emergency funding in est managers to begin the process of re- to ensure the safety of our western 2005. Of course, I do worry that an ex- storing our forests to more sustainable communities, prevent forest fires, and tremely bad fire season could exhaust and natural states. This legislation has save lives rather than spend taxpayer this increased funding. However, I do helped land managers cut through the dollars for artistic endeavors, enjoy- not think the NEA is the place to aug- able as they may be. red tape that has delayed badly needed ment firefighting funding. But again, I When Congress spends so much annu- thinning projects. think the purpose of this amendment is ally to put out wildfires, does it not more to raise issues about the NEA. However, even with increased atten- make more sense to spend that money tion to thinning and fuels treatment I appreciate the gentleman saying he on additional thinning treatments that is a supporter of the arts. I wish we had efforts, more funding is needed. Since could help prevent forest fires from the majority of our forests are feder- the emergency money that we have had starting in the first place? I was the last 2 years, but we do not. I think ally owned, the burden to protect our pleased when the Healthy Forest Ini- States and local communities from the I would say to the gentleman as we tiative was passed by Congress and look and see how the season unfolds, devastating effects of forest fires lies signed into law by the President. How- with the Federal agencies designated we may have to do something further ever, I worried that we still lacked the in conference; but I think this amend- to protect them. Congress must fully economic incentives that could make fund their needs. ment is the wrong approach. I strongly the management of our forests, the re- support our chairman and urge that While cooler temperatures and in- moval of dead fuel for an inferno, an the committee defeat the amendment. creased moisture have brought some opportunity. That incentive now ex- Mr. DEFAZIO. Mr. Chairman, I have always relief to the West this past winter, we ists. been a strong supporter of funding for arts cannot forget the need to continue to Mr. Chairman, I urge adoption of this programs and will continue to be. The arts support responsible forest manage- amendment and ask my colleagues to community in my district is vibrant, and fund- ment. Another dry season is just one join me in voting ‘‘aye.’’ ing for the National Endowment for the Arts is hot summer away. The human con- Mr. TAYLOR of North Carolina. Mr. an invaluable part of education and social en- sequences from past fires have taught Chairman, I rise to claim the time in richment throughout Oregon. I was pleased to us we must continue to be proactive opposition, and I yield myself such see the amendment offered by Congress- with our forest management. It far time as I may consume. woman SLAUGHTER and Ranking Member outweighs the devastating economic, I share the gentleman’s concern for DICKS, which would increase funding for the ecological, and social cost of forest forests. The Department of the Interior NEA, approved by a voice vote. fires. bill has focused on forest health and But we have an unresolved crisis on our In 2002, hundreds of homes and other wildlife management. We have large increases for the most important parts of public lands that needs to be addressed. A lot structures were destroyed and thou- of members would probably like to believe that sands more were evacuated. Twenty- the national fire plan. The bill has substantially increased due to the admin- by passing the Healthy Forests restoration three firefighters lost their lives, and Act, Congress solved the forest health and the American taxpayer spent in excess istration’s Healthy Forest and Na- tional Fire Plan Initiatives. The bill hazardous fuel build-up problem. Nothing of $1.5 billion containing 2002’s record- could be further from the truth. setting blazes. Rural economies that has a $33 million increase in funding over the last year for hazardous fuel I fought hard to get funding for fuel reduc- rely on tourism suffered significant tion projects included as part of HFRA. That losses. management. This is a serious increase. We have increased hazardous bill eventually authorized $760 million annually This amendment is a modest attempt fuel funding dramatically in the last 4 for critical fuel reduction, but Congress hasn’t to provide additional funding that can years. It is not clear that the proposed even begun to approach that commitment as be used on the ground immediately in a increase could be used efficiently. evidenced by the appropriations bill we’re conway that will help ensure cleaner air I share the gentleman’s interest in sidering today. and water, protection of sensitive eco- caring for public lands. A large part of This Interior bill contains $211 million in systems, keep western communities my district is national forests and na- hazardous fuel reduction for the Bureau of safe from catastrophic wildfire, and tional parks, so I understand we need Land Management and $286 million for the improve the health of our forests and to take care of this important land. Forest Service. That’s an increase of $9.8 mil- watersheds. Simply, it reduces funding The Department of the Interior bill lion and $23.5 million respectively. I very for the NEA by $30 million and trans- also increases funding for other wild- much appreciate the Chairman and Ranking fers funds to the United States Forest life programs and forest health man- Member for including these increases in the Service for thinning projects. agement. This is a tight allocation, and bill, but they fall far short of what is needed to The question arises, why take funds I think we have done a careful bal- reduce hazardous fuel and the yearly threat of from the NEA. I applaud the progress ancing act. As I opposed the amend- wildfire throughout the West. that has been made recently by the ment to increase funding in the arts The GAO recently stated that at these ane- NEA in repairing a very damaged earlier, trying to balance our concerns, mic spending levels we will continue to fall fur- image in the view of many Americans. I must also reluctantly oppose this ther and further behind. The GAO says that if One of my sons is actually a student of amendment. we doubled the funding for fuel reduction, we the arts, and my wife and I are cer- Mr. Chairman, I yield the balance of would only stay even with the problem. Earlier tainly avid arts supporters and particu- my time to the gentleman from Wash- this year when the agency testified before the larly appreciate ‘‘public art.’’ ington (Mr. DICKS). Forests Subcommittee on which I serve, they

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3648 CONGRESSIONAL RECORD — HOUSE May 19, 2005 said we would need to triple the funding for gentleman from Colorado (Mr. HEFLEY) Granger McDermott Sabo on which further proceedings were Green, Al McGovern Sa´ nchez, Linda fuel reduction if we wish to begin to address Green, Gene McHugh T. the build-up of dangerous trees and shrubs in postponed and on which the noes pre- Grijalva McIntyre Sanchez, Loretta our national forests. vailed by voice vote. Gutierrez McKeon Sanders If we tripled the overall funding, more than The Clerk will designate the amend- Harris McKinney Saxton Hart McNulty 60 percent of that money could be spent Schakowsky ments. Hastings (FL) Meehan Schiff under the expedited environmental analysis The Clerk designated the amend- Herger Meek (FL) Schwartz (PA) and judicial review authorized by HFRA, in- ments. Herseth Meeks (NY) Schwarz (MI) Higgins Melancon Scott (GA) stead of using budget gimmicks to only claim RECORDED VOTE Hinchey Menendez Scott (VA) that we are fully funding that important law. Hinojosa Michaud The Acting CHAIRMAN. A recorded Serrano Hobson Miller (MI) But the administration thus far has used that Shaw vote has been demanded. Holden Miller (NC) authority on less than 10 percent of projects. Sherman A recorded vote was ordered. Holt Miller, George And the vast majority of those projects are Sherwood The vote was taken by electronic de- Honda Mollohan simply burning rangeland, which does virtually Hooley Moore (KS) Shimkus nothing to improve forest health and reduce vice, and there were—ayes 109, noes 311, Hoyer Moore (WI) Simmons not voting 13, as follows: Hyde Moran (KS) Simpson wildfire risk. The bottom line is that we are not Inglis (SC) Moran (VA) Slaughter even beginning to address the fuel build-up [Roll No. 191] Inslee Murphy Smith (NJ) problem on forested federal land and we won’t AYES—109 Israel Murtha Smith (TX) Jackson (IL) Nadler Smith (WA) start with this bill. We gave them the authority Akin Gingrey Musgrave Jefferson Napolitano Snyder Bachus Gohmert Myrick to get more done in an expedited way, now Jindal Neal (MA) Sodrel Barrett (SC) Goode Neugebauer let’s give them the money necessary to do it. Johnson (CT) Ney Solis Bartlett (MD) Goodlatte Norwood Johnson (IL) Northup Souder The administration plans to treat only about Barton (TX) Graves Nunes Johnson, E. B. Nussle Spratt 1 percent of the acres that they claim are in Beauprez Green (WI) Otter Jones (OH) Oberstar Stark Berkley Gutknecht Paul need of fuel reduction. The money in the Kanjorski Obey Stupak Bishop (UT) Hall Pence EAUPREZ Kaptur Olver Sweeney amendment offered by Mr. B would Blackburn Hastings (WA) Peterson (MN) Keller Ortiz Tauscher be small compared to the need, but every ad- Blunt Hayes Petri Kelly Osborne Boehner Hayworth Pitts Taylor (NC) ditional dollar helps. This amendment would Kennedy (MN) Owens Bonner Hefley Poe Terry allow them to do 60,000 more acres of fuel re- Kennedy (RI) Oxley Brady (TX) Hensarling Pombo Thomas Kildee Pallone duction next year. And not of only burning Brown-Waite, Hoekstra Pomeroy Thompson (CA) Kilpatrick (MI) Pascrell sagebrush, but actually treating 60,000 more Ginny Hostettler Putnam Thompson (MS) Kind Pastor Burgess Hulshof Radanovich Tiberi acres of forested lands which are overstocked King (NY) Payne Burton (IN) Hunter Rohrabacher Tierney Kingston Pearce tinder boxes that could result in catastrophic Buyer Issa Royce Towns Kirk Pelosi fires and threaten our communities. Cannon Istook Ryan (WI) Turner Knollenberg Peterson (PA) Congress needs to get serious about fund- Chabot Jenkins Ryun (KS) Udall (CO) Kolbe Pickering Cox Johnson, Sam Salazar Udall (NM) ing hazardous fuel reduction projects and fullfil Kucinich Platts Cubin Jones (NC) Sensenbrenner Upton LaHood Porter the commitment made when it passed HFRA. Culberson King (IA) Sessions Van Hollen Langevin Price (GA) This amendment would be a small but impor- Davis, Jo Ann Kline Shadegg Vela´ zquez Lantos Price (NC) Deal (GA) Kuhl (NY) Shuster Visclosky tant step toward that goal and I urge its adop- Larsen (WA) Pryce (OH) DeLay Lewis (KY) Skelton Walden (OR) tion. Latham Rahall Doolittle Linder Stearns Walsh Lee Ramstad The Acting CHAIRMAN (Mr. WALDEN Emerson Lungren, Daniel Sullivan Levin Rangel Wamp of Oregon). All time has expired. Everett E. Tanner Lewis (CA) Regula Wasserman Feeney Mack Taylor (MS) The question is on the amendment Lipinski Rehberg Schultz Flake Manzullo Thornberry offered by the gentleman from Colo- LoBiondo Reichert Waters Forbes Marchant Tiahrt Lofgren, Zoe Renzi Watson rado (Mr. BEAUPREZ). Foxx McHenry Weldon (FL) Lowey Reyes Watt The question was taken; and the Act- Franks (AZ) McMorris Weller Lynch Reynolds Waxman Gallegly Mica Wilson (NM) ing Chairman announced that the ayes Maloney Rogers (AL) Weiner Garrett (NJ) Miller (FL) Wilson (SC) appeared to have it. Markey Rogers (KY) Westmoreland Gibbons Miller, Gary Young (AK) Mr. DICKS. Mr. Chairman, I demand Marshall Rogers (MI) Wexler a recorded vote. NOES—311 Matheson Ros-Lehtinen Whitfield Matsui Ross Wicker The Acting CHAIRMAN. Pursuant to Abercrombie Camp DeGette McCarthy Rothman Wolf clause 6 of rule XVIII, further pro- Ackerman Cantor Delahunt McCaul (TX) Roybal-Allard Woolsey ceedings on the amendment offered by Aderholt Capito DeLauro McCollum (MN) Ruppersberger Wu Alexander Capps Dent the gentleman from Colorado (Mr. McCotter Rush Wynn Allen Capuano Diaz-Balart, L. McCrery Ryan (OH) Young (FL) BEAUPREZ) will be postponed. Andrews Cardin Diaz-Balart, M. Baca Cardoza Dicks SEQUENTIAL VOTES POSTPONED IN COMMITTEE NOT VOTING—13 Baird Carnahan Dingell OF THE WHOLE Baker Carson Doggett Conaway LaTourette Millender- The Acting CHAIRMAN. Pursuant to Baldwin Carter Doyle Harman Leach McDonald clause 6 of rule XVIII, proceedings will Barrow Case Drake Jackson-Lee Lewis (GA) Shays now resume on those amendments on Bass Castle Dreier (TX) Lucas Strickland Bean Chandler Duncan Larson (CT) Tancredo which further proceedings were post- Becerra Chocola Edwards Weldon (PA) poned, in the following order: amend- Berman Clay Ehlers ment offered by the gentleman from Berry Cleaver Emanuel Biggert Clyburn Engel b 1701 Colorado (Mr. HEFLEY); amendments Bilirakis Coble English (PA) offered by the gentleman from Penn- Bishop (GA) Cole (OK) Eshoo Mr. SCHWARZ of Michigan, Mr. sylvania (Mr. PETERSON); amendment Bishop (NY) Conyers Etheridge RENZI, Ms. KILPATRICK of Michigan, offered by the gentleman from Ne- Blumenauer Cooper Evans Ms. LORETTA SANCHEZ of California, Boehlert Costa Farr braska (Mr. TERRY); amendment of- Bonilla Costello Fattah and Messrs. CARTER, SMITH of Texas fered by the gentleman from Wisconsin Bono Cramer Ferguson and RUPPERSBERGER changed their (Mr. OBEY); and amendment offered by Boozman Crenshaw Filner vote from ‘‘aye’’ to ‘‘no.’’ Boren Crowley Fitzpatrick (PA) the gentleman from Colorado (Mr. Boswell Cuellar Foley Messrs. PETERSON of Minnesota, BEAUPREZ). Boucher Cummings Ford GINGREY, SULLIVAN, YOUNG of Boustany Cunningham Fortenberry The Chair will reduce to 5 minutes Alaska, Miss McMORRIS, and Mr. the time for any electronic vote after Boyd Davis (AL) Fossella Bradley (NH) Davis (CA) Frank (MA) KUHL of New York changed their vote the first vote in this series. Brady (PA) Davis (FL) Frelinghuysen from ‘‘no’’ to ‘‘aye.’’ AMENDMENT OFFERED BY MR. HEFLEY Brown (OH) Davis (IL) Gerlach The Acting CHAIRMAN. The pending Brown (SC) Davis (KY) Gilchrest So the amendment was rejected. Brown, Corrine Davis (TN) Gillmor business is the demand for a recorded Butterfield Davis, Tom Gonzalez The result of the vote was announced vote on the amendment offered by the Calvert DeFazio Gordon as above recorded.

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AMENDMENTS OFFERED BY MR. PETERSON OF Capuano Issa Pryce (OH) PERSONAL EXPLANATION PENNSYLVANIA Cardin Jackson (IL) Putnam Cardoza Johnson (IL) Radanovich Mr. CONAWAY. Mr. Chairman, on rollcall The Acting CHAIRMAN (Mr. BASS). Carnahan Johnson, E. B. Rahall Nos. 191 and 192, I am not recorded because The pending business is the demand for Carson Jones (NC) Ramstad I was unavoidably detained. Had I been a recorded vote on the amendments of- Case Jones (OH) Rangel present, I would have voted ‘‘aye.’’ fered by the gentleman from Pennsyl- Castle Kanjorski Rehberg Chabot Kaptur Reichert AMENDMENT NO. 4 OFFERED BY MR. TERRY vania (Mr. PETERSON) on which further Chandler Keller Reynolds The Acting CHAIRMAN. The pending proceedings were postponed and on Clay Kelly Rogers (AL) business is the demand for a recorded which the noes prevailed by voice vote. Cleaver Kennedy (MN) Rogers (MI) Clyburn Kennedy (RI) Ros-Lehtinen vote on amendment No. 4 offered by The Clerk will designate the amend- Conyers Kildee Rothman the gentleman from Nebraska (Mr. ments. Costa Kilpatrick (MI) Roybal-Allard TERRY) on which further proceedings Costello Kind Royce The Clerk designated the amend- Cox Kingston were postponed and on which the noes Ruppersberger ments. Crenshaw Kirk Rush prevailed by voice vote. Crowley Knollenberg RECORDED VOTE Ryan (OH) The Clerk will redesignate the Cummings Kucinich Ryan (WI) The Acting CHAIRMAN. A recorded Cunningham LaHood amendment. Sa´ nchez, Linda Davis (AL) Langevin The Clerk redesignated the amend- vote has been demanded. T. A recorded vote was ordered. Davis (CA) Lantos ment. Davis (FL) Larsen (WA) Sanchez, Loretta The Acting CHAIRMAN. This will be Davis (IL) Latham Sanders RECORDED VOTE a 5-minute vote. Davis (KY) Lee Saxton The Acting CHAIRMAN. A recorded Schakowsky The vote was taken by electronic de- Davis, Jo Ann Levin vote has been demanded. Davis, Tom Lewis (CA) Schiff vice, and there were—ayes 157, noes 262, DeFazio Lipinski Schwartz (PA) A recorded vote was ordered. not voting 14, as follows: DeGette LoBiondo Schwarz (MI) The Acting CHAIRMAN. This will be Delahunt Lofgren, Zoe Scott (GA) [Roll No. 192] a 5-minute vote. DeLauro Lowey Scott (VA) The vote was taken by electronic de- AYES—157 DeLay Lynch Serrano Diaz-Balart, L. Mack Shaw vice, and there were—ayes 76, noes 344, Abercrombie Goodlatte Ney Diaz-Balart, M. Maloney Sherman not voting 13, as follows: Aderholt Granger Northup Dicks Markey Simmons Akin Graves Norwood [Roll No. 193] Dingell Matheson Skelton Alexander Green, Al Nunes Doggett Matsui Slaughter AYES—76 Bachus Green, Gene Oberstar Drake McCarthy Smith (NJ) Baker Gutknecht Akin Gutierrez Nadler Ortiz Dreier McCollum (MN) Smith (WA) Barrett (SC) Hall Barrow Hall Norwood Osborne Ehlers McCotter Snyder Barton (TX) Hart Bean Hayworth Osborne Otter Emanuel McDermott Beauprez Hastings (WA) Solis Bishop (UT) Hensarling Pallone Oxley Engel McGovern Berry Hayes Spratt Boehner Hinchey Pascrell Paul Eshoo McIntyre Bishop (UT) Hayworth Stark Boren Holden Pearce Pearce Etheridge McKeon Blackburn Hefley Stearns Bradley (NH) Hostettler Pence Evans McKinney Pence Boehner Hensarling Stupak Brady (PA) Jenkins Peterson (MN) Farr McNulty Pitts Bonilla Herger Sweeney Camp Jindal Peterson (PA) Fattah Meehan Poe Bonner Hinojosa Tauscher Cannon Johnson, Sam Pickering Feeney Meek (FL) Ramstad Boozman Hoekstra Taylor (NC) Capuano Kanjorski Pitts Ferguson Meeks (NY) Ruppersberger Boren Holden Thompson (CA) Chocola Kelly Porter Filner Menendez Ryan (WI) Boustany Hostettler Thompson (MS) Costello Kennedy (MN) Price (GA) Fitzpatrick (PA) Michaud Salazar Brady (TX) Hulshof Tierney Cubin King (IA) Regula Foley Miller (FL) Saxton Brown (SC) Hunter Towns Deal (GA) LoBiondo Renzi Forbes Miller (MI) Burgess Hyde Turner DeFazio Maloney Schwartz (PA) Reyes Ford Miller (NC) Burton (IN) Istook Udall (CO) Dingell Markey Shimkus Fossella Miller, George Buyer Jefferson Rogers (KY) Udall (NM) Doggett Matsui Shuster Rohrabacher Frank (MA) Moore (KS) Cannon Jenkins Van Hollen Doyle McKinney Smith (WA) Ross Frelinghuysen Moore (WI) Carter Jindal Vela´ zquez Fattah Menendez Stupak Gallegly Moran (VA) Chocola Johnson (CT) Ryun (KS) Fitzpatrick (PA) Miller (FL) Taylor (MS) Gerlach Murtha Visclosky Coble Johnson, Sam Sabo Flake Miller, Gary Terry Gilchrest Nadler Walden (OR) Cole (OK) King (IA) Salazar Fortenberry Moore (WI) Weller Gillmor Napolitano Walsh Cooper King (NY) Sensenbrenner Frank (MA) Moran (KS) Wu Gordon Neal (MA) Wamp Cramer Kline Sessions Gerlach Murphy Green (WI) Nussle Wasserman Wynn Cubin Kolbe Shadegg Green, Gene Musgrave Grijalva Obey Schultz Cuellar Kuhl (NY) Sherwood Harris Olver Waters NOES—344 Culberson Lewis (KY) Shimkus Hastings (FL) Owens Watson Davis (TN) Linder Shuster Abercrombie Boustany Cox Herseth Pallone Watt Deal (GA) Lungren, Daniel Simpson Ackerman Boyd Cramer Higgins Pascrell Waxman Dent E. Smith (TX) Aderholt Brady (TX) Crenshaw Hinchey Pastor Weiner Doolittle Manzullo Sodrel Alexander Brown (OH) Crowley Hobson Payne Weldon (FL) Doyle Marchant Souder Allen Brown (SC) Cuellar Holt Pelosi Wexler Duncan Marshall Sullivan Andrews Brown, Corrine Culberson Honda Petri Whitfield Edwards McCaul (TX) Tanner Baca Brown-Waite, Cummings Hooley Platts Wolf Emerson McCrery Taylor (MS) Bachus Ginny Cunningham Hoyer Poe Woolsey English (PA) McHenry Terry Baird Burgess Davis (AL) Inglis (SC) Pombo Wu Everett McHugh Thomas Baker Burton (IN) Davis (CA) Inslee Pomeroy Wynn Flake McMorris Thornberry Baldwin Butterfield Davis (FL) Israel Price (NC) Young (FL) Fortenberry Melancon Tiahrt Barrett (SC) Buyer Davis (IL) Foxx Mica Tiberi Bartlett (MD) Calvert Davis (KY) Franks (AZ) Miller, Gary Upton NOT VOTING—14 Barton (TX) Cantor Davis (TN) Garrett (NJ) Mollohan Weller Conaway LaTourette Shays Bass Capito Davis, Jo Ann Gibbons Moran (KS) Westmoreland Gutierrez Leach Strickland Beauprez Capps Davis, Tom Gingrey Murphy Wicker Harman Lewis (GA) Tancredo Becerra Cardin DeGette Gohmert Musgrave Wilson (NM) Jackson-Lee Lucas Weldon (PA) Berkley Cardoza Delahunt Gonzalez Myrick Wilson (SC) (TX) Millender- Berman Carnahan DeLauro Goode Neugebauer Young (AK) Larson (CT) McDonald Berry Carson DeLay Biggert Carter Dent NOES—262 ANNOUNCEMENT BY THE ACTING CHAIRMAN Bilirakis Case Diaz-Balart, L. Ackerman Berman Bradley (NH) Bishop (GA) Castle Diaz-Balart, M. Allen Biggert Brady (PA) The Acting CHAIRMAN (Mr. BASS) Bishop (NY) Chabot Dicks Andrews Bilirakis Brown (OH) (during the vote). Members are advised Blackburn Chandler Doolittle Baca Bishop (GA) Brown, Corrine that 2 minutes remain in this vote. Blumenauer Clay Drake Baird Bishop (NY) Brown-Waite, Blunt Cleaver Dreier Baldwin Blumenauer Ginny Boehlert Clyburn Duncan Barrow Blunt Butterfield b 1709 Bonilla Coble Edwards Bartlett (MD) Boehlert Calvert Bonner Cole (OK) Ehlers Bass Bono Camp So the amendments were rejected. Bono Conaway Emanuel Bean Boswell Cantor Boozman Conyers Emerson Becerra Boucher Capito The result of the vote was announced Boswell Cooper Engel Berkley Boyd Capps as above recorded. Boucher Costa English (PA)

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3650 CONGRESSIONAL RECORD — HOUSE May 19, 2005 Eshoo Levin Rogers (MI) b 1716 NOES—235 Etheridge Lewis (CA) Rohrabacher Aderholt Gallegly Ney Evans Lewis (KY) Ros-Lehtinen So the amendment was rejected. Akin Garrett (NJ) Northup Everett Linder Ross The result of the vote was announced Alexander Gerlach Norwood Farr Lipinski Rothman Bachus Gibbons Nunes Feeney Lofgren, Zoe Roybal-Allard as above recorded. Baird Gilchrest Nussle Ferguson Lowey Royce AMENDMENT OFFERED BY MR. OBEY Baker Gillmor Olver Filner Lungren, Daniel Rush The Acting CHAIRMAN. The pending Barrett (SC) Gingrey Osborne Foley E. Ryan (OH) Bartlett (MD) Gohmert Otter Forbes Lynch Ryun (KS) business is the demand for a recorded Barton (TX) Goode Oxley Ford Mack Sabo vote on the amendment offered by the Bass Goodlatte Paul Manzullo ´ Fossella Sanchez, Linda gentleman from Wisconsin (Mr. OBEY) Beauprez Granger Pearce Foxx Marchant T. on which further proceedings were Biggert Graves Pence Franks (AZ) Marshall Sanchez, Loretta postponed and on which the noes pre- Bilirakis Gutknecht Peterson (PA) Frelinghuysen Matheson Sanders Bishop (UT) Hall Petri Gallegly McCarthy Schakowsky vailed by voice vote. Blackburn Harris Pickering Garrett (NJ) McCaul (TX) Schiff The Clerk will redesignate the Blunt Hart Pitts Gibbons McCollum (MN) Schwarz (MI) amendment. Boehlert Hastings (WA) Platts Gilchrest McCotter Scott (GA) Boehner Hayes Poe Gillmor McCrery Scott (VA) The Clerk redesignated the amend- Bonilla Hayworth Pombo Gingrey McDermott Sensenbrenner ment. Bonner Hefley Porter Gohmert McGovern Serrano RECORDED VOTE Bono Hensarling Price (GA) Gonzalez McHenry Sessions Boozman Herger Pryce (OH) Goode McHugh Shadegg The Acting CHAIRMAN. A recorded Boustany Hobson Putnam Goodlatte McIntyre Shaw vote has been demanded. Bradley (NH) Hoekstra Radanovich Gordon McKeon Sherman A recorded vote was ordered. Brady (PA) Holden Regula Granger McMorris Sherwood Brady (TX) Hostettler Rehberg Graves McNulty Simmons The Acting CHAIRMAN. This will be Brown (SC) Hulshof Reichert Green (WI) Meehan Simpson a 5-minute vote. Brown-Waite, Hunter Renzi Green, Al Meek (FL) Skelton The vote was taken by electronic de- Ginny Hyde Reynolds Grijalva Meeks (NY) Slaughter Burgess Inglis (SC) Rogers (AL) Gutknecht Melancon Smith (NJ) vice, and there were—ayes 186, noes 235, Burton (IN) Issa Rogers (KY) Harris Mica Smith (TX) not voting 12, as follows: Buyer Istook Rogers (MI) Hart Michaud Snyder [Roll No. 194] Calvert Jenkins Rohrabacher Hastings (FL) Miller (MI) Sodrel Camp Jindal Ros-Lehtinen Hastings (WA) Miller (NC) Solis AYES—186 Cannon Johnson, Sam Royce Hayes Miller, George Souder Abercrombie Gordon Obey Cantor Jones (NC) Ryan (WI) Hefley Mollohan Spratt Ackerman Green (WI) Ortiz Capito Jones (OH) Ryun (KS) Herger Moore (KS) Stark Allen Green, Al Owens Capuano Kanjorski Saxton Herseth Moran (VA) Stearns Andrews Green, Gene Pallone Carter Keller Schwartz (PA) Higgins Murtha Sullivan Baca Grijalva Pascrell Castle King (IA) Schwarz (MI) Hinojosa Myrick Sweeney Baldwin Gutierrez Pastor Chabot King (NY) Scott (GA) Hobson Napolitano Tanner Barrow Hastings (FL) Payne Chocola Kingston Sensenbrenner Hoekstra Neal (MA) Tauscher Bean Herseth Pelosi Coble Kirk Sessions Holt Neugebauer Taylor (NC) Becerra Higgins Peterson (MN) Cole (OK) Kline Shadegg Honda Ney Thomas Berkley Hinchey Pomeroy Conaway Knollenberg Shaw Cox Hooley Northup Thompson (CA) Berman Hinojosa Price (NC) Kolbe Sherwood Crenshaw Kuhl (NY) Shimkus Hoyer Nunes Thompson (MS) Berry Holt Rahall Cubin LaHood Shuster Hulshof Nussle Thornberry Bishop (GA) Honda Ramstad Culberson Latham Simmons Hunter Oberstar Tiahrt Bishop (NY) Hooley Rangel Cunningham Lewis (CA) Simpson Hyde Obey Tiberi Blumenauer Hoyer Reyes Davis (KY) Lewis (KY) Smith (NJ) Inglis (SC) Olver Tierney Boren Inslee Ross Davis, Jo Ann Linder Smith (TX) Inslee Ortiz Towns Boswell Israel Rothman Davis, Tom LoBiondo Sodrel Israel Otter Turner Boucher Jackson (IL) Roybal-Allard Deal (GA) Lowey Souder Issa Owens Udall (CO) Boyd Jefferson Ruppersberger Brown (OH) Johnson (CT) DeLay Lungren, Daniel Stearns Istook Oxley Udall (NM) Rush Brown, Corrine Johnson (IL) Dent E. Stupak Jackson (IL) Pastor Upton Ryan (OH) Butterfield Johnson, E. B. Diaz-Balart, L. Mack Sweeney Jefferson Paul Van Hollen Sabo ´ Capps Kaptur Diaz-Balart, M. Manzullo Taylor (NC) Johnson (CT) Payne Velazquez Salazar Cardin Kelly Doolittle Marchant Terry Johnson (IL) Pelosi Visclosky Sa´ nchez, Linda Cardoza Kennedy (MN) Doyle McCaul (TX) Thomas Johnson, E. B. Peterson (MN) Walden (OR) T. Carnahan Kennedy (RI) Drake McCotter Thornberry Jones (NC) Petri Walsh Sanchez, Loretta Jones (OH) Pickering Wamp Carson Kildee Dreier McCrery Tiahrt Sanders Kaptur Platts Wasserman Case Kilpatrick (MI) Duncan McHenry Tiberi Schakowsky Keller Pombo Schultz Chandler Kind Edwards McHugh Turner Schiff Kennedy (RI) Pomeroy Waters Clay Kucinich Ehlers McIntyre Upton Scott (VA) Kildee Porter Watson Cleaver Langevin Emerson McKeon Walden (OR) Serrano Kilpatrick (MI) Price (GA) Watt Clyburn Lantos English (PA) McMorris Walsh Sherman Kind Price (NC) Waxman Conyers Larsen (WA) Everett Mica Wamp Skelton King (NY) Pryce (OH) Weiner Cooper Lee Feeney Miller (FL) Weldon (FL) Slaughter Kingston Putnam Weldon (FL) Costa Levin Ferguson Miller (MI) Weldon (PA) Smith (WA) Kirk Radanovich Weldon (PA) Costello Lipinski Fitzpatrick (PA) Miller, Gary Weller Snyder Kline Rahall Westmoreland Cramer Lofgren, Zoe Flake Mollohan Westmoreland Knollenberg Rangel Wexler Crowley Lynch Solis Foley Moran (KS) Whitfield Kucinich Regula Whitfield Cuellar Maloney Spratt Forbes Murphy Wicker Kuhl (NY) Rehberg Wicker Cummings Markey Stark Fortenberry Murtha Wilson (NM) LaHood Reichert Wilson (NM) Davis (AL) Marshall Tanner Fossella Musgrave Wilson (SC) Langevin Renzi Wilson (SC) Davis (CA) Matheson Tauscher Foxx Myrick Wolf Lantos Reyes Wolf Davis (FL) Matsui Taylor (MS) Franks (AZ) Napolitano Young (AK) Larsen (WA) Reynolds Woolsey Davis (IL) McCarthy Thompson (CA) Frelinghuysen Neugebauer Young (FL) Davis (TN) McCollum (MN) Thompson (MS) Latham Rogers (AL) Young (AK) NOT VOTING—12 Lee Rogers (KY) Young (FL) DeFazio McDermott Tierney DeGette McGovern Towns Harman Leach Shays NOT VOTING—13 Delahunt McKinney Udall (CO) Jackson-Lee Lewis (GA) Strickland DeLauro McNulty Udall (NM) (TX) Lucas Sullivan Harman Leach Shays Dicks Meehan Van Hollen Larson (CT) Millender- Tancredo Jackson-Lee Lewis (GA) Strickland Dingell Meek (FL) Vela´ zquez LaTourette McDonald (TX) Lucas Tancredo Doggett Meeks (NY) Visclosky Kolbe Millender- Emanuel Melancon Wasserman ANNOUNCEMENT BY THE ACTING CHAIRMAN Larson (CT) McDonald Engel Menendez Schultz The Acting CHAIRMAN (during the LaTourette Peterson (PA) Eshoo Michaud Waters vote). Members are advised there are 2 Etheridge Miller (NC) Watson ANNOUNCEMENT BY THE ACTING CHAIRMAN Evans Miller, George Watt minutes remaining in this vote. Farr Moore (KS) Waxman The Acting CHAIRMAN (Mr. FOLEY) Fattah Moore (WI) Weiner b 1726 (during the vote). Members are advised Filner Moran (VA) Wexler Mr. EDWARDS, Mr. SCOTT of Geor- Ford Nadler Woolsey there are 2 minutes remaining in this Frank (MA) Neal (MA) Wu gia, and Mrs. JONES of Ohio changed vote. Gonzalez Oberstar Wynn their vote from ‘‘aye’’ to ‘‘no.’’

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3651 So the amendment was rejected. Davis (AL) Kind Regula The Speaker pro tempore (Mr. Davis (CA) King (NY) Rehberg REHBERG) assumed the chair. The result of the vote was announced Davis (FL) Kirk Reichert as above recorded. Davis (IL) Knollenberg Reyes f Davis (KY) Kolbe AMENDMENT NO. 6 OFFERED BY MR. BEAUPREZ Reynolds Davis (TN) Kucinich Rogers (KY) A FURTHER MESSAGE FROM THE The Acting CHAIRMAN. The pending Davis, Tom LaHood Rogers (MI) PRESIDENT business is the demand for a recorded DeGette Langevin Ros-Lehtinen A further message in writing from vote on the amendment offered by the Delahunt Lantos Ross DeLauro Larsen (WA) the President of the United States was gentleman from Colorado (Mr. Rothman Dent Lee Roybal-Allard communicated to the House by Mr. BEAUPREZ) on which further pro- Diaz-Balart, L. Levin Ruppersberger Sherman Williams, one of his secre- ceedings were postponed and on which Dicks Lipinski Rush taries. the ayes prevailed by voice vote. Dingell LoBiondo Ryan (OH) Doggett Lofgren, Zoe Sabo The SPEAKER pro tempore. The The Clerk will redesignate the Doyle Lowey Sa´ nchez, Linda Committee will resume its sitting. Drake Lynch amendment. T. Duncan Mack f Sanchez, Loretta The Clerk redesignated the amend- Edwards Maloney Sanders ment. Ehlers Markey DEPARTMENT OF THE INTERIOR, Saxton Emanuel Marshall ENVIRONMENT, AND RELATED RECORDED VOTE Schakowsky Engel Matheson AGENCIES APPROPRIATIONS The Acting CHAIRMAN. A recorded English (PA) Matsui Schiff Schwartz (PA) ACT, 2006 vote has been demanded. Eshoo McCarthy Etheridge McCollum (MN) Schwarz (MI) The Committee resumed its sitting. A recorded vote was ordered. Evans McCotter Scott (GA) The Acting CHAIRMAN. This will be Everett McCrery Scott (VA) Mr. TAYLOR of North Carolina. Mr. a 5-minute vote. Farr McDermott Serrano Chairman, I move to strike the last Shaw The vote was taken by electronic de- Fattah McGovern word for the purposes of engaging in a Ferguson McHugh Sherman colloquy with the gentleman from vice, and there were—ayes 122, noes 298, Filner McIntyre Sherwood not voting 13, as follows: Fitzpatrick (PA) McKeon Simmons Oklahoma (Mr. COLE). Foley McKinney Simpson Mr. Chairman, I yield to the gen- [Roll No. 195] Forbes McNulty Skelton tleman from Oklahoma (Mr. COLE). AYES—122 Ford Meehan Slaughter Fortenberry Meek (FL) Smith (NJ) Mr. COLE of Oklahoma. Mr. Chair- Akin Gohmert Myrick Fossella Meeks (NY) Smith (TX) man, at the outset let me thank the Bachus Goode Neugebauer Frank (MA) Melancon Smith (WA) Barrett (SC) Goodlatte Ney gentleman from North Carolina (Mr. Frelinghuysen Menendez Snyder Bartlett (MD) Graves Norwood TAYLOR) for bringing forward a bill Gerlach Mica Sodrel Beauprez Green (WI) Nunes Gilchrest Michaud that I believe addresses many of the Blackburn Gutknecht Nussle Solis Gillmor Miller (MI) critical issues for the Department of Boehner Hall Otter Spratt Gonzalez Miller (NC) Bonilla Hastings (WA) Paul Stark the Interior. Gordon Miller, George Boren Hayes Pence Stupak It is impossible not to note that this Granger Mollohan Boustany Hayworth Petri Sweeney Green, Al Moore (KS) budget environment creates genuinely Brady (TX) Hefley Pickering Tanner Green, Gene Moore (WI) Burgess Hensarling Pitts Tauscher tough challenges for the Department of Grijalva Moran (KS) Burton (IN) Herger Poe Taylor (NC) the Interior. With that said, I believe Gutierrez Moran (VA) Buyer Herseth Pombo Terry Harris Murphy the subcommittee has done an excel- Calvert Hoekstra Porter Thomas Hart Murtha lent job in crafting a bill that address- Cannon Hostettler Renzi Thompson (CA) Hastings (FL) Nadler Cantor Hunter Rogers (AL) Thompson (MS) es those major problems. Higgins Napolitano Carter Issa Rohrabacher Tiberi Several years ago this committee Hinchey Neal (MA) Chabot Istook Royce Tierney Hinojosa Northup provided funds for a new visitors center Coble Johnson, Sam Ryan (WI) Towns Hobson Oberstar Cole (OK) Jones (NC) Ryun (KS) Turner at Chickasaw National Recreation Holden Obey Cox Keller Salazar Udall (NM) Area in my district. The bids came in Holt Olver Cubin Kennedy (MN) Sensenbrenner Honda Ortiz Upton high due to the rising cost of mate- Culberson King (IA) Sessions Hooley Osborne Van Hollen rials. Before the project could be Cunningham Kingston Shadegg ´ Hoyer Owens Velazquez Davis, Jo Ann Kline Shimkus downsized the Department of the Inte- Hulshof Oxley Visclosky Deal (GA) Kuhl (NY) Shuster rior had to reprogram these funds for Hyde Pallone Walden (OR) DeFazio Latham Souder Inglis (SC) Pascrell Walsh emergency wildfire suppression. DeLay Lewis (CA) Stearns Inslee Pastor Wamp Diaz-Balart, M. Lewis (KY) Sullivan Mr. Chairman, I am asking that you Israel Payne Wasserman Doolittle Linder Taylor (MS) consider restoring this project in con- Jackson (IL) Pearce Schultz Dreier Lungren, Daniel Thornberry Jefferson Pelosi Waters ference should funds become available. Emerson E. Tiahrt Jenkins Peterson (MN) Watson Mr. TAYLOR of North Carolina. Mr. Feeney Manzullo Udall (CO) Jindal Peterson (PA) Watt Flake Marchant Weldon (FL) Chairman, reclaiming my time, I un- Johnson (CT) Platts Waxman Foxx McCaul (TX) Weller derstand the gentleman’s concerns and Johnson (IL) Pomeroy Weiner Franks (AZ) McHenry Westmoreland Johnson, E. B. Price (GA) Weldon (PA) the unfortunate turn of events which Gallegly McMorris Wicker Jones (OH) Price (NC) Wexler Garrett (NJ) Miller (FL) Wilson (NM) caused this project to be delayed, and I Kanjorski Pryce (OH) Whitfield Gibbons Miller, Gary Wilson (SC) will give the request of the gentleman Kaptur Putnam Wolf Gingrey Musgrave Young (AK) Kelly Radanovich Woolsey from Oklahoma (Mr. COLE) every pos- NOES—298 Kennedy (RI) Rahall Wu sible consideration. Kildee Ramstad Wynn Mr. Chairman, I yield to the gen- Abercrombie Bishop (NY) Cardin Kilpatrick (MI) Rangel Young (FL) Ackerman Blumenauer Cardoza tleman from Oklahoma (Mr. COLE). Aderholt Blunt Carnahan NOT VOTING—13 Mr. COLE of Oklahoma. Mr. Chair- Alexander Boehlert Carson Bishop (UT) Larson (CT) Millender- man, I want to thank the gentleman Allen Bonner Case Butterfield LaTourette McDonald Andrews Bono Castle from North Carolina (Mr. TAYLOR), our Harman Leach Shays Baca Boozman Chandler distinguished chairman, for offering to Jackson-Lee Lewis (GA) Strickland Baird Boswell Chocola (TX) Lucas Tancredo work with me and the committee to re- Baker Boucher Clay solve this through the conference proc- Baldwin Boyd Cleaver ess. Barrow Bradley (NH) Clyburn b 1735 Barton (TX) Brady (PA) Conaway I believe that this is an important Bass Brown (OH) Conyers Mr. ROSS changed his vote from and critical step toward addressing Bean Brown (SC) Cooper ‘‘aye’’ to ‘‘no.’’ Becerra Brown, Corrine Costa what has been a very real injustice. I Berkley Brown-Waite, Costello So the amendment was rejected. thank the gentleman from North Caro- Berman Ginny Cramer The result of the vote was announced lina (Mr. TAYLOR). Berry Camp Crenshaw as above recorded. Mr. TAYLOR of North Carolina. Mr. Biggert Capito Crowley Bilirakis Capps Cuellar The Acting CHAIRMAN (Mr. FOLEY). Chairman, I ask unanimous consent Bishop (GA) Capuano Cummings The Committee will rise informally. that the bill through page 128 line 12 be

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3652 CONGRESSIONAL RECORD — HOUSE May 19, 2005 considered as read, printed in the subsistence uses under title VIII of the Alas- Committees on Appropriations in accordance RECORD, and open to amendment at ka National Interest Lands Conservation Act with the reprogramming procedures con- any point. (Public Law 96–487), $5,467,000, to remain tained in the report accompanying this Act. The Acting CHAIRMAN. Is there ob- available until expended. Not more than $72,646,000 of the funds ADMINISTRATIVE PROVISIONS, FOREST SERVICE available to the Forest Service shall be jection to the request of the gentleman transferred to the Working Capital Fund of Appropriations to the Forest Service for from North Carolina? the Department of Agriculture. There was no objection. the current fiscal year shall be available for: Funds available to the Forest Service shall The text of the bill from page 79 line (1) purchase of passenger motor vehicles; ac- be available to conduct a program of not less 7, through page 128 line 12 is as follows: quisition of passenger motor vehicles from than $2,000,000 for high priority projects excess sources, and hire of such vehicles; CAPITAL IMPROVEMENT AND MAINTENANCE within the scope of the approved budget purchase, lease, operation, maintenance, and which shall be carried out by the Youth Con- For necessary expenses of the Forest Serv- acquisition of aircraft from excess sources to ice, not otherwise provided for, $468,260,000, servation Corps. maintain the operable fleet for use in Forest Of the funds available to the Forest Serv- to remain available until expended for con- Service wildland fire programs and other struction, reconstruction, maintenance and ice, $4,000 is available to the Chief of the For- Forest Service programs; notwithstanding est Service for official reception and rep- acquisition of buildings and other facilities, other provisions of law, existing aircraft and for construction, reconstruction, repair, resentation expenses. being replaced may be sold, with proceeds Pursuant to sections 405(b) and 410(b) of decommissioning, and maintenance of forest derived or trade-in value used to offset the roads and trails by the Forest Service as au- Public Law 101–593, of the funds available to purchase price for the replacement aircraft; thorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 the Forest Service, $3,000,000 may be ad- (2) services pursuant to 7 U.S.C. 2225, and not and 205: Provided, That up to $15,000,000 of the vanced in a lump sum to the National Forest to exceed $100,000 for employment under 5 funds provided herein for road maintenance Foundation to aid conservation partnership U.S.C. 3109; (3) purchase, erection, and alter- shall be available for the decommissioning of projects in support of the Forest Service ation of buildings and other public improve- roads, including unauthorized roads not part mission, without regard to when the Founda- ments (7 U.S.C. 2250); (4) acquisition of land, of the transportation system, which are no tion incurs expenses, for administrative ex- waters, and interests therein pursuant to 7 longer needed: Provided further, That no penses or projects on or benefitting National U.S.C. 428a; (5) for expenses pursuant to the funds shall be expended to decommission any Forest System lands or related to Forest Volunteers in the National Forest Act of 1972 system road until notice and an opportunity Service programs: Provided, That of the Fed- for public comment has been provided on (16 U.S.C. 558a, 558d, and 558a note); (6) the eral funds made available to the Foundation, each decommissioning project. cost of uniforms as authorized by 5 U.S.C. no more than $250,000 shall be available for 5901–5902; and (7) for debt collection con- LAND ACQUISITION administrative expenses: Provided further, tracts in accordance with 31 U.S.C. 3718(c). That the Foundation shall obtain, by the end For expenses necessary to carry out the None of the funds made available under provisions of the Land and Water Conserva- of the period of Federal financial assistance, this Act shall be obligated or expended to private contributions to match on at least tion Fund Act of 1965, as amended (16 U.S.C. abolish any region, to move or close any re- 460l–4 through 11), including administrative one-for-one basis funds made available by gional office for National Forest System ad- the Forest Service: Provided further, That the expenses, and for acquisition of land or wa- ministration of the Forest Service, Depart- ters, or interest therein, in accordance with Foundation may transfer Federal funds to a ment of Agriculture without the consent of non-Federal recipient for a project at the statutory authority applicable to the Forest the House and Senate Committees on Appro- Service, $15,000,000, to be derived from the same rate that the recipient has obtained priations. the non-Federal matching funds: Provided Land and Water Conservation Fund and to Any appropriations or funds available to remain available until expended. further, That authorized investments of Fed- the Forest Service may be transferred to the eral funds held by the Foundation may be ACQUISITION OF LANDS FOR NATIONAL FORESTS Wildland Fire Management appropriation for made only in interest-bearing obligations of SPECIAL ACTS forest firefighting, emergency rehabilitation the United States or in obligations guaran- For acquisition of lands within the exte- of burned-over or damaged lands or waters teed as to both principal and interest by the rior boundaries of the Cache, Uinta, and under its jurisdiction, and fire preparedness United States. Wasatch National Forests, Utah; the Toiyabe due to severe burning conditions upon notifi- Pursuant to section 2(b)(2) of Public Law National Forest, Nevada; and the Angeles, cation of the House and Senate Committees 98–244, $2,650,000 of the funds available to the San Bernardino, Sequoia, and Cleveland Na- on Appropriations and if and only if all pre- Forest Service shall be advanced to the Na- tional Forests, California, as authorized by viously appropriated emergency contingent tional Fish and Wildlife Foundation in a law, $1,069,000, to be derived from forest refunds under the heading ‘‘Wildland Fire Man- lump sum to aid cost-share conservation ceipts. agement’’ have been released by the Presi- projects, without regard to when expenses ACQUISITION OF LANDS TO COMPLETE LAND dent and apportioned and all wildfire sup- are incurred, on or benefitting National For- EXCHANGES pression funds under the heading ‘‘Wildland est System lands or related to Forest Service For acquisition of lands, such sums, to be Fire Management’’ are obligated. programs: Provided, That such funds shall be derived from funds deposited by State, coun- The first transfer of funds into the matched on at least a one-for-one basis by ty, or municipal governments, public school Wildland Fire Management account shall in- the Foundation or its subrecipients. districts, or other public school authorities, clude unobligated funds, if available, from Funds appropriated to the Forest Service and for authorized expenditures from funds the Land Acquisition account and the Forest shall be available for interactions with and deposited by non-Federal parties pursuant to Legacy program within the State and Pri- providing technical assistance to rural com- Land Sale and Exchange Acts, pursuant to vate Forestry account. munities for sustainable rural development the Act of December 4, 1967, as amended (16 Funds appropriated to the Forest Service purposes. U.S.C. 484a), to remain available until ex- shall be available for assistance to or Any appropriations or funds available to pended. through the Agency for International Devel- the Forest Service may be used for necessary RANGE BETTERMENT FUND opment and the Foreign Agricultural Service expenses in the event of law enforcement For necessary expenses of range rehabilita- in connection with forest and rangeland re- emergencies as necessary to protect natural tion, protection, and improvement, 50 per- search, technical information, and assist- resources and public or employee safety: Pro- cent of all moneys received during the prior ance in foreign countries, and shall be avail- vided, That such amounts shall not exceed fiscal year, as fees for grazing domestic live- able to support forestry and related natural $500,000. stock on lands in National Forests in the 16 resource activities outside the United States An eligible individual who is employed in Western States, pursuant to section 401(b)(1) and its territories and possessions, including any project funded under title V of the Older of Public Law 94–579, as amended, to remain technical assistance, education and training, American Act of 1965 (42 U.S.C. 3056 et seq.) available until expended, of which not to ex- and cooperation with United States and and administered by the Forest Service shall ceed 6 percent shall be available for adminis- international organizations. be considered to be a Federal employee for trative expenses associated with on-the- None of the funds made available to the purposes of chapter 171 of title 28, United ground range rehabilitation, protection, and Forest Service under this Act shall be sub- States Code. improvements. ject to transfer under the provisions of sec- Any funds appropriated to the Forest Serv- tion 702(b) of the Department of Agriculture ice may be used to meet the non-Federal GIFTS, DONATIONS AND BEQUESTS FOR FOREST Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. share requirement in section 502(c) of the AND RANGELAND RESEARCH 147b, however in fiscal year 2006 the Forest Older American Act of 1965 (42 U.S.C. For expenses authorized by 16 U.S.C. Service may transfer funds to the ‘‘National 3056(c)(2)). 1643(b), $64,000, to remain available until ex- Forest System’’ account from other agency For each fiscal year through 2009, funds pended, to be derived from the fund estab- accounts to enable the agency’s law enforce- available to the Forest Service in this Act lished pursuant to the above Act. ment program to pay full operating costs in- may be used for the purpose of expenses asso- MANAGEMENT OF NATIONAL FOREST LANDS FOR cluding overhead. ciated with primary and secondary schooling SUBSISTENCE USES None of the funds available to the Forest for dependents of agency personnel stationed For necessary expenses of the Forest Serv- Service may be reprogrammed without the in Puerto Rico prior to the date of enact- ice to manage Federal lands inAlaska for advance approval of the House and Senate ment of this Act, who are subject to transfer

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3653 and reassignment to other locations in the carry out activities typically funded under not to exceed the per diem rate equivalent to United States, at a cost not in excess of the Indian Health Facilities account: Pro- the maximum rate payable for senior-level those authorized for the Department of De- vided further, That of the amounts provided positions under 5 U.S.C. 5376; hire of pas- fense for the same area, when it is deter- to the Indian Health Service, $15,000,000 is senger motor vehicles and aircraft; purchase mined by the Chief of the Forest Service provided for alcohol control, enforcement, of medical equipment; purchase of reprints; that public schools available in the locality prevention, treatment, sobriety and purchase, renovation and erection of mod- are unable to provide adequately for the edu- wellness, and education in Alaska: Provided ular buildings and renovation of existing fa- cation of such dependents. further, That none of the funds may be used cilities; payments for telephone service in DEPARTMENT OF HEALTH AND HUMAN for tribal courts or tribal ordinance pro- private residences in the field, when author- SERVICES grams or any program that is not directly ized under regulations approved by the Sec- INDIAN HEALTH SERVICE related to alcohol control, enforcement, pre- retary; and for uniforms or allowances there- vention, treatment, or sobriety: Provided fur- for as authorized by 5 U.S.C. 5901–5902; and INDIAN HEALTH SERVICES ther, That no more than 15 percent may be for expenses of attendance at meetings which For expenses necessary to carry out the used by any entity receiving funding for ad- are concerned with the functions or activi- Act of August 5, 1954 (68 Stat. 674), the Indian ministrative overhead including indirect ties for which the appropriation is made or Self-Determination Act, the Indian Health costs: Provided further, That the Bureau of which will contribute to improved conduct, Care Improvement Act, and titles II and III Indian Affairs shall collect from the Indian supervision, or management of those func- of the Public Health Service Act with re- Health Service and tribes and tribal organi- tions or activities. spect to the Indian Health Service, zations operating health facilities pursuant In accordance with the provisions of the $2,732,298,000, together with payments re- to Public Law 93–638 such individually iden- Indian Health Care Improvement Act, non- ceived during the fiscal year pursuant to 42 tifiable health information relating to dis- Indian patients may be extended health care U.S.C. 238(b) for services furnished by the In- abled children as may be necessary for the at all tribally administered or Indian Health dian Health Service: Provided, That funds purpose of carrying out its functions under Service facilities, subject to charges, and the made available to tribes and tribal organiza- the Individuals With Disability Education proceeds along with funds recovered under tions through contracts, grant agreements, Act, 20 U.S.C. 1400, et seq. the Federal Medical Care Recovery Act (42 or any other agreements or compacts au- INDIAN HEALTH FACILITIES U.S.C. 2651–2653) shall be credited to the ac- thorized by the Indian Self-Determination count of the facility providing the service and Education Assistance Act of 1975 (25 For construction, repair, maintenance, improvement, and equipment of health and re- and shall be available without fiscal year U.S.C. 450), shall be deemed to be obligated limitation. Notwithstanding any other law at the time of the grant or contract award lated auxiliary facilities, including quarters or regulation, funds transferred from the De- and thereafter shall remain available to the for personnel; preparation of plans, specifica- partment of Housing and Urban Development tribe or tribal organization without fiscal tions, and drawings; acquisition of sites, pur- to the Indian Health Service shall be admin- year limitation: Provided further, That up to chase and erection of modular buildings, and istered under Public Law 86–121 (the Indian $18,000,000 shall remain available until ex- purchases of trailers; and for provision of do- Sanitation Facilities Act) and Public Law pended, for the Indian Catastrophic Health mestic and community sanitation facilities for Indians, as authorized by section 7 of the 93–638, as amended. Emergency Fund: Provided further, That Funds appropriated to the Indian Health $507,021,000 for contract medical care shall Act of August 5, 1954 (42 U.S.C. 2004a), the In- dian Self-Determination Act, and the Indian Service in this Act, except those used for ad- remain available for obligation until Sep- ministrative and program direction pur- tember 30, 2007: Provided further, That of the Health Care Improvement Act, and for expenses necessary to carry out such Acts and poses, shall not be subject to limitations di- funds provided, up to $27,000,000, to remain rected at curtailing Federal travel and trans- available until expended, shall be used to titles II and III of the Public Health Service Act with respect to environmental health portation. carry out the loan repayment program under None of the funds made available to the In- section 108 of the Indian Health Care Im- and facilities support activities of the Indian Health Service, $370,774,000, to remain avail- dian Health Service in this Act shall be used provement Act: Provided further, That funds for any assessments or charges by the De- provided in this Act may be used for one- able until expended: Provided, That notwithstanding any other provision of law, funds partment of Health and Human Services un- year contracts and grants which are to be less identified in the budget justification and performed in two fiscal years, so long as the appropriated for the planning, design, construction or renovation of health facilities provided in this Act, or approved by the total obligation is recorded in the year for House and Senate Committees on Appropria- which the funds are appropriated: Provided for the benefit of an Indian tribe or tribes may be used to purchase land for sites to tions through the reprogramming process. further, That the amounts collected by the Personnel ceilings may not be imposed on Secretary of Health and Human Services construct, improve, or enlarge health or related facilities: Provided further, That not to the Indian Health Service nor may any ac- under the authority of title IV of the Indian tion be taken to reduce the full time equiva- Health Care Improvement Act shall remain exceed $500,000 shall be used by the Indian Health Service to purchase TRANSAM lent level of the Indian Health Service below available until expended for the purpose of the level in fiscal year 2002 adjusted upward achieving compliance with the applicable equipment from the Department of Defense for distribution to the Indian Health Service for the staffing of new and expanded facili- conditions and requirements of titles XVIII ties, funding provided for staffing at the and XIX of the Social Security Act (exclu- and tribal facilities: Provided further, That none of the funds appropriated to the Indian Lawton, Oklahoma hospital in fiscal years sive of planning, design, or construction of 2003 and 2004, critical positions not filled in new facilities): Provided further, That funding Health Service may be used for sanitation facilities construction for new homes funded fiscal year 2002, and staffing necessary to contained herein, and in any earlier appro- carry out the intent of Congress with regard priations Acts for scholarship programs with grants by the housing programs of the United States Department of Housing and to program increases. under the Indian Health Care Improvement Notwithstanding any other provision of Urban Development: Provided further, That Act (25 U.S.C. 1613) shall remain available law, funds previously or herein made avail- not to exceed $1,000,000 from this account until expended: Provided further, That able to a tribe or tribal organization through and the ‘‘Indian Health Services’’ account amounts received by tribes and tribal organi- a contract, grant, or agreement authorized shall be used by the Indian Health Service to zations under title IV of the Indian Health by title I or title V of the Indian Self-Deter- obtain ambulances for the Indian Health Care Improvement Act shall be reported and mination and Education Assistance Act of Service and tribal facilities in conjunction accounted for and available to the receiving 1975 (25 U.S.C. 450), may be deobligated and with an existing interagency agreement be- tribes and tribal organizations until ex- reobligated to a self-determination contract tween the Indian Health Service and the pended: Provided further, That, notwith- under title I, or a self-governance agreement General Services Administration: Provided standing any other provision of law, of the under title V of such Act and thereafter shall further, That notwithstanding any other pro- amounts provided herein, not to exceed remain available to the tribe or tribal orga- vision of law, funds appropriated for the $268,683,000 shall be for payments to tribes nization without fiscal year limitation. and tribal organizations for contract or planning, design, and construction of the re- None of the funds made available to the In- grant support costs associated with con- placement health care facility in Barrow, dian Health Service in this Act shall be used tracts, grants, self-governance compacts or Alaska, may be used to purchase land up to to implement the final rule published in the annual funding agreements between the In- approximately 8 hectares for a site upon Federal Register on September 16, 1987, by dian Health Service and a tribe or tribal or- which to construct the new health care facil- the Department of Health and Human Serv- ganization pursuant to the Indian Self-De- ity: Provided further, That not to exceed ices, relating to the eligibility for the health termination Act of 1975, as amended, prior to $500,000 shall be placed in a Demolition Fund, care services of the Indian Health Service or during fiscal year 2006, of which not to ex- available until expended, to be used by the until the Indian Health Service has sub- ceed $5,000,000 may be used for contract sup- Indian Health Service for demolition of Fed- mitted a budget request reflecting the in- port costs associated with new or expanded eral buildings. creased costs associated with the proposed self-determination contracts, grants, self- ADMINISTRATIVE PROVISIONS, INDIAN HEALTH final rule, and such request has been in- governance compacts or annual funding SERVICE cluded in an appropriations Act and enacted agreements: Provided further, That funds Appropriations in this Act to the Indian into law. available for the Indian Health Care Im- Health Service shall be available for services With respect to functions transferred by provement Fund may be used, as needed, to as authorized by 5 U.S.C. 3109 but at rates the Indian Health Service to tribes or tribal

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3654 CONGRESSIONAL RECORD — HOUSE May 19, 2005 organizations, the Indian Health Service is That notwithstanding section 202 of the Na- tion, and exchange of information and publi- authorized to provide goods and services to tional Environmental Policy Act of 1970, the cations; conduct of education, training, and those entities, on a reimbursable basis, in- Council shall consist of one member, ap- museum assistance programs; maintenance, cluding payment in advance with subsequent pointed by the President, by and with the ad- alteration, operation, lease (for terms not to adjustment. The reimbursements received vice and consent of the Senate, serving as exceed 30 years), and protection of buildings, therefrom, along with the funds received chairman and exercising all powers, func- facilities, and approaches; not to exceed from those entities pursuant to the Indian tions, and duties of the Council. $100,000 for services as authorized by 5 U.S.C. Self-Determination Act, may be credited to CHEMICAL SAFETY AND HAZARD INVESTIGATION 3109; up to five replacement passenger vehi- the same or subsequent appropriation ac- BOARD cles; purchase, rental, repair, and cleaning of count which provided the funding. Such uniforms for employees, $524,381,000, of which SALARIES AND EXPENSES amounts shall remain available until ex- not to exceed $10,992,000 for the instrumenta- For necessary expenses in carrying out ac- pended. tion program, collections acquisition, exhi- Reimbursements for training, technical as- tivities pursuant to section 112(r)(6) of the bition reinstallation, the National Museum sistance, or services provided by the Indian Clean Air Act, as amended, including hire of of African American History and Culture, Health Service will contain total costs, in- passenger vehicles, uniforms or allowances and the repatriation of skeletal remains pro- cluding direct, administrative, and overhead therefor, as authorized by 5 U.S.C. 5901–5902, gram shall remain available until expended; associated with the provision of goods, serv- and for services authorized by 5 U.S.C. 3109 and of which $9,086,000 for the reopening of ices, or technical assistance. but at rates for individuals not to exceed the the Patent Office Building and for fellow- The appropriation structure for the Indian per diem equivalent to the maximum rate ships and scholarly awards shall remain Health Service may not be altered without payable for senior level positions under 5 available until September 30, 2007; and in- advance notification to the House and Sen- U.S.C. 5376, $9,200,000: Provided, That the cluding such funds as may be necessary to ate Committees on Appropriations. Chemical Safety and Hazard Investigation support American overseas research centers Board (Board) shall have not more than NATIONAL INSTITUTES OF HEALTH and a total of $125,000 for the Council of three career Senior Executive Service posi- American Overseas Research Centers: Pro- NATIONAL INSTITUTE OF ENVIRONMENTAL tions: Provided further, That notwithstanding vided, That funds appropriated herein are HEALTH SCIENCES any other provision of law, the individual ap- available for advance payments to inde- For necessary expenses for the National In- pointed to the position of Inspector General pendent contractors performing research stitute of Environmental Health Sciences in of the Environmental Protection Agency services or participating in official Smithso- carrying out activities set forth in section (EPA) shall, by virtue of such appointment, nian presentations: Provided further, That 311(a) of the Comprehensive Environmental also hold the position of Inspector General of the Smithsonian Institution may expend Response, Compensation, and Liability Act the Board: Provided further, That notwith- Federal appropriations designated in this of 1980, as amended, and section 126(g) of the standing any other provision of law, the In- Act for lease or rent payments for long term Superfund Amendments and Reauthorization spector General of the Board shall utilize and swing space, as rent payable to the Act of 1986, $80,289,000. personnel of the Office of Inspector General Smithsonian Institution, and such rent pay- AGENCY FOR TOXIC SUBSTANCES AND DISEASE of EPA in performing the duties of the In- ments may be deposited into the general REGISTRY spector General of the Board, and shall not trust funds of the Institution to the extent appoint any individuals to positions within TOXIC SUBSTANCES AND ENVIRONMENTAL that federally supported activities are the Board. PUBLIC HEALTH housed in the 900 H Street, N.W. building in OFFICE OF NAVAJO AND HOPI INDIAN For necessary expenses for the Agency for the District of Columbia: Provided further, RELOCATION Toxic Substances and Disease Registry That this use of Federal appropriations shall (ATSDR) in carrying out activities set forth SALARIES AND EXPENSES not be construed as debt service, a Federal in sections 104(i), 111(c)(4), and 111(c)(14) of For necessary expenses of the Office of guarantee of, a transfer of risk to, or an obli- the Comprehensive Environmental Response, Navajo and Hopi Indian Relocation as au- gation of, the Federal Government: Provided Compensation, and Liability Act of 1980 thorized by Public Law 93–531, $8,601,000, to further, That no appropriated funds may be (CERCLA), as amended; section 118(f) of the remain available until expended: Provided, used to service debt which is incurred to fi- Superfund Amendments and Reauthorization That funds provided in this or any other ap- nance the costs of acquiring the 900 H Street Act of 1986 (SARA), as amended; and section propriations Act are to be used to relocate building or of planning, designing, and con- 3019 of the Solid Waste Disposal Act, as eligible individuals and groups including structing improvements to such building. amended, $76,024,000, of which up to $1,500,000, evictees from District 6, Hopi-partitioned FACILITIES CAPITAL to remain available until expended, is for In- lands residents, those in significantly sub- For necessary expenses of repair, revital- dividual Learning Accounts for full-time standard housing, and all others certified as ization, and alteration of facilities owned or equivalent employees of the Agency for eligible and not included in the preceding occupied by the Smithsonian Institution, by Toxic Substances and Disease Registry: Pro- categories: Provided further, That none of the contract or otherwise, as authorized by sec- vided, That notwithstanding any other provi- funds contained in this or any other Act may tion 2 of the Act of August 22, 1949 (63 Stat. sion of law, in lieu of performing a health as- be used by the Office of Navajo and Hopi In- 623), and for construction, including nec- sessment under section 104(i)(6) of CERCLA, dian Relocation to evict any single Navajo or essary personnel, $90,900,000, to remain avail- the Administrator of ATSDR may conduct Navajo family who, as of November 30, 1985, able until expended, of which not to exceed other appropriate health studies, evalua- was physically domiciled on the lands parti- $10,000 is for services as authorized by 5 tions, or activities, including, without limi- tioned to the Hopi Tribe unless a new or re- U.S.C. 3109: Provided, That contracts awarded tation, biomedical testing, clinical evalua- placement home is provided for such house- for environmental systems, protection sys- tions, medical monitoring, and referral to hold: Provided further, That no relocatee will tems, and repair or restoration of facilities accredited health care providers: Provided be provided with more than one new or re- of the Smithsonian Institution may be nego- further, That in performing any such health placement home: Provided further, That the tiated with selected contractors and awarded assessment or health study, evaluation, or Office shall relocate any certified eligible on the basis of contractor qualifications as activity, the Administrator of ATSDR shall relocatees who have selected and received an well as price. not be bound by the deadlines in section approved homesite on the Navajo reservation ADMINISTRATIVE PROVISIONS, SMITHSONIAN 104(i)(6)(A) of CERCLA: Provided further, or selected a replacement residence off the INSTITUTION That none of the funds appropriated under Navajo reservation or on the land acquired None of the funds in this or any other Act this heading shall be available for ATSDR to pursuant to 25 U.S.C. 640d–10. may be used to make any changes to the ex- issue in excess of 40 toxicological profiles INSTITUTE OF AMERICAN INDIAN AND ALASKA isting Smithsonian science programs includ- pursuant to section 104(i) of CERCLA during NATIVE CULTURE AND ARTS DEVELOPMENT ing closure of facilities, relocation of staff or fiscal year 2006, and existing profiles may be PAYMENT TO THE INSTITUTE redirection of functions and programs with- updated as necessary. For payment to the Institute of American out the advance approval of the House and OTHER RELATED AGENCIES Indian and Alaska Native Culture and Arts Senate Committees on Appropriations. EXECUTIVE OFFICE OF THE PRESIDENT Development, as authorized by title XV of None of the funds in this or any other Act may be used to initiate the design for any COUNCIL ON ENVIRONMENTAL QUALITY AND Public Law 99–498, as amended (20 U.S.C. 56 proposed expansion of current space or new OFFICE OF ENVIRONMENTAL QUALITY part A), $6,300,000. facility without consultation with the House SMITHSONIAN INSTITUTION For necessary expenses to continue func- and Senate Appropriations Committees. tions assigned to the Council on Environ- SALARIES AND EXPENSES None of the funds in this or any other Act mental Quality and Office of Environmental For necessary expenses of the Smithsonian may be used for the Holt House located at Quality pursuant to the National Environ- Institution, as authorized by law, including the National Zoological Park in Washington, mental Policy Act of 1969, the Environ- research in the fields of art, science, and his- D.C., unless identified as repairs to minimize mental Quality Improvement Act of 1970, and tory; development, preservation, and docu- water damage, monitor structure movement, Reorganization Plan No. 1 of 1977, and not to mentation of the National Collections; pres- or provide interim structural support. exceed $750 for official reception and rep- entation of public exhibits and perform- None of the funds available to the Smith- resentation expenses, $2,717,000: Provided, ances; collection, preparation, dissemina- sonian may be reprogrammed without the

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3655 advance written approval of the House and Act of 1968 (82 Stat. 1356) including hire of Commission is authorized to charge fees to Senate Committees on Appropriations in ac- passenger vehicles and services as authorized cover the full costs of its publications, and cordance with the reprogramming proce- by 5 U.S.C. 3109, $9,085,000. such fees shall be credited to this account as dures contained in the statement of the man- NATIONAL FOUNDATION ON THE ARTS AND THE an offsetting collection, to remain available agers accompanying this Act. HUMANITIES until expended without further appropria- None of the funds in this or any other Act tion. NATIONAL ENDOWMENT FOR THE ARTS may be used to purchase any additional NATIONAL CAPITAL ARTS AND CULTURAL GRANTS AND ADMINISTRATION buildings without prior consultation with AFFAIRS the House and Senate Committees on Appro- For necessary expenses to carry out the For necessary expenses as authorized by priations. National Foundation on the Arts and the Hu- Public Law 99–190 (20 U.S.C. 956(a)), as NATIONAL GALLERY OF ART manities Act of 1965, as amended, $121,264,000 amended, $7,000,000: Provided, That no one or- shall be available to the National Endow- SALARIES AND EXPENSES ganization shall receive a grant in excess of ment for the Arts for the support of projects For the upkeep and operations of the Na- $400,000 in a single year. and productions in the arts through assist- tional Gallery of Art, the protection and ADVISORY COUNCIL ON HISTORIC ance to organizations and individuals pursu- care of the works of art therein, and admin- PRESERVATION ant to sections 5(c) and 5(g) of the Act, in- istrative expenses incident thereto, as au- cluding $14,922,000 for support of arts edu- SALARIES AND EXPENSES thorized by the Act of March 24, 1937 (50 Stat. cation and public outreach activities For necessary expenses of the Advisory 51), as amended by the public resolution of through the Challenge America program, for Council on Historic Preservation (Public April 13, 1939 (Public Resolution 9, Seventy- program support, and for administering the Law 89–665, as amended), $4,860,000: Provided, sixth Congress), including services as author- functions of the Act, to remain available That none of these funds shall be available ized by 5 U.S.C. 3109; payment in advance until expended: Provided, That funds pre- for compensation of level V of the Executive when authorized by the treasurer of the Gal- viously appropriated to the National Endow- Schedule or higher positions. lery for membership in library, museum, and ment for the Arts ‘‘Matching Grants’’ ac- NATIONAL CAPITAL PLANNING COMMISSION art associations or societies whose publica- count and ‘‘Challenge America’’ account SALARIES AND EXPENSES tions or services are available to members may be transferred to and merged with this only, or to members at a price lower than to For necessary expenses, as authorized by account. the general public; purchase, repair, and the National Capital Planning Act of 1952 (40 cleaning of uniforms for guards, and uni- NATIONAL ENDOWMENT FOR THE HUMANITIES U.S.C. 71–71i), including services as author- forms, or allowances therefor, for other em- GRANTS AND ADMINISTRATION ized by 5 U.S.C. 3109, $8,177,000: Provided, That one-quarter of 1 percent of the funds ployees as authorized by law (5 U.S.C. 5901– For necessary expenses to carry out the provided under this heading may be used for 5902); purchase or rental of devices and serv- National Foundation on the Arts and the Hu- official reception and representational ex- ices for protecting buildings and contents manities Act of 1965, as amended, $122,605,000, penses to host international visitors engaged thereof, and maintenance, alteration, im- shall be available to the National Endow- in the planning and physical development of provement, and repair of buildings, ap- ment for the Humanities for support of ac- world capitals. proaches, and grounds; and purchase of serv- tivities in the humanities, pursuant to sec- ices for restoration and repair of works of tion 7(c) of the Act, and for administering UNITED STATES HOLOCAUST MEMORIAL art for the National Gallery of Art by con- the functions of the Act, to remain available MUSEUM tracts made, without advertising, with indi- until expended. HOLOCAUST MEMORIAL MUSEAUM viduals, firms, or organizations at such rates MATCHING GRANTS For expenses of the Holocaust Memorial or prices and under such terms and condi- Museum, as authorized by Public Law 106–292 To carry out the provisions of section tions as the Gallery may deem proper, (36 U.S.C. 2301–2310), $41,880,000, of which 10(a)(2) of the National Foundation on the $97,100,000, of which not to exceed $3,157,000 $1,874,000 for the museum’s repair and reha- Arts and the Humanities Act of 1965, as for the special exhibition program shall re- bilitation program and $1,246,000 for the mu- amended, $15,449,000, to remain available main available until expended. seum’s exhibitions program shall remain until expended, of which $10,000,000 shall be REPAIR, RESTORATION AND RENOVATION OF available until expended. available to the National Endowment for the BUILDINGS Humanities for the purposes of section 7(h): PRESIDIO TRUST For necessary expenses of repair, restora- Provided, That this appropriation shall be PRESIDIO TRUST FUND tion and renovation of buildings, grounds available for obligation only in such For necessary expenses to carry out title I and facilities owned or occupied by the Na- amounts as may be equal to the total of the Omnibus Parks and Public Lands Man- tional Gallery of Art, by contract or other- amounts of gifts, bequests, and devises of agement Act of 1996, $20,000,000 shall be wise, as authorized, $16,200,000, to remain money, and other property accepted by the available to the Presidio Trust, to remain available until expended: Provided, That con- chairman or by grantees of the Endowment available until expended. tracts awarded for environmental systems, under the provisions of subsections WHITE HOUSE COMMISSION ON THE NATIONAL protection systems, and exterior repair or 11(a)(2)(B) and 11(a)(3)(B) during the current MOMENT OF REMEMBRANCE renovation of buildings of the National Gal- and preceding fiscal years for which equal For necessary expenses of the White House lery of Art may be negotiated with selected amounts have not previously been appro- Commission on the National Moment of Re- contractors and awarded on the basis of con- priated. membrance, $250,000. tractor qualifications as well as price: Pro- ADMINISTRATIVE PROVISIONS vided further, That, notwithstanding any TITLE IV—GENERAL PROVISIONS other provision of law, a single procurement None of the funds appropriated to the Na- SEC. 401. The expenditure of any appropria- for the Master Facilities Plan renovation tional Foundation on the Arts and the Hu- tion under this Act for any consulting serv- project at the National Gallery of Art may manities may be used to process any grant ice through procurement contract, pursuant be issued which includes the full scope of the or contract documents which do not include to 5 U.S.C. 3109, shall be limited to those Work Area #3 project: Provided further, That the text of 18 U.S.C. 1913: Provided, That none contracts where such expenditures are a the solicitation and the contract shall con- of the funds appropriated to the National matter of public record and available for tain the clause ‘‘availability of funds’’ found Foundation on the Arts and the Humanities public inspection, except where otherwise at 48 CFR 52.232.18. may be used for official reception and rep- provided under existing law, or under exist- resentation expenses: Provided further, That ing Executive Order issued pursuant to exist- JOHN F. KENNEDY CENTER FOR THE funds from nonappropriated sources may be ing law. PERFORMING ARTS used as necessary for official reception and SEC. 402. No part of any appropriation con- OPERATIONS AND MAINTENANCE representation expenses: Provided further, tained in this Act shall be available for any For necessary expenses for the operation, That the Chairperson of the National Endow- activity or the publication or distribution of maintenance and security of the John F. ment for the Arts may approve grants up to literature that in any way tends to promote Kennedy Center for the Performing Arts, $10,000, if in the aggregate this amount does public support or opposition to any legisla- $17,800,000. not exceed 5 percent of the sums appro- tive proposal on which Congressional action CONSTRUCTION priated for grant-making purposes per year: is not complete. For necessary expenses for capital repair Provided further, That such small grant ac- SEC. 403. No part of any appropriation con- and restoration of the existing features of tions are taken pursuant to the terms of an tained in this Act shall remain available for the building and site of the John F. Kennedy expressed and direct delegation of authority obligation beyond the current fiscal year un- Center for the Performing Arts, $10,000,000, from the National Council on the Arts to the less expressly so provided herein. EC. 404. None of the funds provided in this to remain available until expended. Chairperson. S Act to any department or agency shall be ob- COMMISSION OF FINE ARTS WOODROW WILSON INTERNATIONAL CENTER FOR ligated or expended to provide a personal SCHOLARS SALARIES AND EXPENSES cook, chauffeur, or other personal servants SALARIES AND EXPENSES For expenses made necessary by the Act to any officer or employee of such depart- For expenses necessary in carrying out the establishing a Commission of Fine Arts (40 ment or agency except as otherwise provided provisions of the Woodrow Wilson Memorial U.S.C. 104), $1,893,000: Provided, That the by law.

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SEC. 405. No assessments may be levied ed to such individual for a literature fellow- awarded by the Chairperson in each grant against any program, budget activity, sub- ship, National Heritage Fellowship, or Amer- category under section 5 of such Act; and activity, or project funded by this Act unless ican Jazz Masters Fellowship. (4) the Chairperson shall encourage the use notice of such assessments and the basis (2) The Chairperson shall establish proce- of grants to improve and support commu- therefor are presented to the Committees on dures to ensure that no funding provided nity-based music performance and edu- Appropriations and are approved by such through a grant, except a grant made to a cation. committees. State or local arts agency, or regional group, SEC. 412. No part of any appropriation con- SEC. 406. None of the funds in this Act may may be used to make a grant to any other tained in this Act shall be expended or obli- be used to plan, prepare, or offer for sale tim- organization or individual to conduct activ- gated to complete and issue the 5-year pro- ber from trees classified as giant sequoia ity independent of the direct grant recipient. gram under the Forest and Rangeland Re- (Sequoiadendron giganteum) which are lo- Nothing in this subsection shall prohibit newable Resources Planning Act. cated on National Forest System or Bureau payments made in exchange for goods and SEC. 413. None of the funds in this Act may of Land Management lands in a manner dif- services. be used to support Government-wide admin- ferent than such sales were conducted in fis- (3) No grant shall be used for seasonal sup- istrative functions unless such functions are cal year 2004. port to a group, unless the application is spe- justified in the budget process and funding is SEC. 407. (a) LIMITATION OF FUNDS.—None of cific to the contents of the season, including approved by the House and Senate Commit- the funds appropriated or otherwise made identified programs and/or projects. tees on Appropriations. SEC. 414. Amounts deposited during fiscal available pursuant to this Act shall be obli- SEC. 410. The National Endowment for the gated or expended to accept or process appli- Arts and the National Endowment for the year 2005 in the roads and trails fund pro- cations for a patent for any mining or mill Humanities are authorized to solicit, accept, vided for in the 14th paragraph under the site claim located under the general mining receive, and invest in the name of the United heading ‘‘FOREST SERVICE’’ of the Act of laws. States, gifts, bequests, or devises of money March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), (b) EXCEPTIONS.—The provisions of sub- and other property or services and to use shall be used by the Secretary of Agri- section (a) shall not apply if the Secretary of such in furtherance of the functions of the culture, without regard to the State in the Interior determines that, for the claim National Endowment for the Arts and the which the amounts were derived, to repair or concerned: (1) a patent application was filed National Endowment for the Humanities. reconstruct roads, bridges, and trails on Na- with the Secretary on or before September Any proceeds from such gifts, bequests, or tional Forest System lands or to carry out 30, 1994; and (2) all requirements established devises, after acceptance by the National En- and administer projects to improve forest under sections 2325 and 2326 of the Revised dowment for the Arts or the National En- health conditions, which may include the re- Statutes (30 U.S.C. 29 and 30) for vein or lode dowment for the Humanities, shall be paid pair or reconstruction of roads, bridges, and claims and sections 2329, 2330, 2331, and 2333 by the donor or the representative of the trails on National Forest System lands in of the Revised Statutes (30 U.S.C. 35, 36, and donor to the Chairman. The Chairman shall the wildland-community interface where 37) for placer claims, and section 2337 of the enter the proceeds in a special interest-bear- there is an abnormally high risk of fire. The Revised Statutes (30 U.S.C. 42) for mill site ing account to the credit of the appropriate projects shall emphasize reducing risks to claims, as the case may be, were fully com- endowment for the purposes specified in each human safety and public health and property plied with by the applicant by that date. case. and enhancing ecological functions, long- (c) REPORT.—On September 30, 2006, the SEC. 411. (a) In providing services or award- term forest productivity, and biological in- Secretary of the Interior shall file with the ing financial assistance under the National tegrity. The projects may be completed in a House and Senate Committees on Appropria- Foundation on the Arts and the Humanities subsequent fiscal year. Funds shall not be tions and the Committee on Resources of the Act of 1965 from funds appropriated under expended under this section to replace funds House of Representatives and the Committee this Act, the Chairperson of the National En- which would otherwise appropriately be ex- on Energy and Natural Resources of the Sen- dowment for the Arts shall ensure that pri- pended from the timber salvage sale fund. ate a report on actions taken by the Depart- ority is given to providing services or award- Nothing in this section shall be construed to ment under the plan submitted pursuant to ing financial assistance for projects, produc- exempt any project from any environmental section 314(c) of the Department of the Inte- tions, workshops, or programs that serve un- law. SEC. 415. Other than in emergency situa- rior and Related Agencies Appropriations derserved populations. tions, none of the funds in this Act may be Act, 1997 (Public Law 104–208). (b) In this section: used to operate telephone answering ma- (d) MINERAL EXAMINATIONS.—In order to (1) The term ‘‘underserved population’’ chines during core business hours unless process patent applications in a timely and means a population of individuals, including such answering machines include an option responsible manner, upon the request of a urban minorities, who have historically been that enables callers to reach promptly an in- patent applicant, the Secretary of the Inte- outside the purview of arts and humanities dividual on-duty with the agency being con- rior shall allow the applicant to fund a quali- programs due to factors such as a high inci- tacted. fied third-party contractor to be selected by dence of income below the poverty line or to SEC. 416. Prior to October 1, 2006, the Sec- the Bureau of Land Management to conduct geographic isolation. retary of Agriculture shall not be considered a mineral examination of the mining claims (2) The term ‘‘poverty line’’ means the pov- to be in violation of subparagraph 6(f)(5)(A) or mill sites contained in a patent applica- erty line (as defined by the Office of Manage- of the Forest and Rangeland Renewable Re- tion as set forth in subsection (b). The Bu- ment and Budget, and revised annually in ac- sources Planning Act of 1974 (16 U.S.C. reau of Land Management shall have the sole cordance with section 673(2) of the Commu- 1604(f)(5)(A)) solely because more than 15 responsibility to choose and pay the third- nity Services Block Grant Act (42 U.S.C. years have passed without revision of the party contractor in accordance with the 9902(2)) applicable to a family of the size in- plan for a unit of the National Forest Sys- standard procedures employed by the Bureau volved. tem. Nothing in this section exempts the of Land Management in the retention of (c) In providing services and awarding fi- Secretary from any other requirement of the third-party contractors. nancial assistance under the National Foun- Forest and Rangeland Renewable Resources SEC. 408. Notwithstanding any other provi- dation on the Arts and Humanities Act of Planning Act (16 U.S.C. 1600 et seq.) or any sion of law, amounts appropriated to or ear- 1965 with funds appropriated by this Act, the other law: Provided, That if the Secretary is marked in committee reports for the Bureau Chairperson of the National Endowment for not acting expeditiously and in good faith, of Indian Affairs and the Indian Health Serv- the Arts shall ensure that priority is given within the funding available, to revise a plan ice by Public Laws 103–138, 103–332, 104–134, to providing services or awarding financial for a unit of the National Forest System, 104–208, 105–83, 105–277, 106–113, 106–291, 107–63, assistance for projects, productions, work- this section shall be void with respect to 108–7, 108–108, and 108–447 for payments to shops, or programs that will encourage pub- such plan and a court of proper jurisdiction tribes and tribal organizations for contract lic knowledge, education, understanding, and may order completion of the plan on an ac- support costs associated with self-determina- appreciation of the arts. celerated basis. tion or self-governance contracts, grants, (d) With funds appropriated by this Act to SEC. 417. No funds provided in this Act may compacts, or annual funding agreements carry out section 5 of the National Founda- be expended to conduct preleasing, leasing with the Bureau of Indian Affairs or the In- tion on the Arts and Humanities Act of and related activities under either the Min- dian Health Service as funded by such Acts, 1965— eral Leasing Act (30 U.S.C. 181 et seq.) or the are the total amounts available for fiscal (1) the Chairperson shall establish a grant Outer Continental Shelf Lands Act (43 U.S.C. years 1994 through 2005 for such purposes, ex- category for projects, productions, work- 1331 et seq.) within the boundaries of a Na- cept that, for the Bureau of Indian Affairs, shops, or programs that are of national im- tional Monument established pursuant to tribes and tribal organizations may use their pact or availability or are able to tour sev- the Act of June 8, 1906 (16 U.S.C. 431 et seq.) tribal priority allocations for unmet con- eral States; as such boundary existed on January 20, 2001, tract support costs of ongoing contracts, (2) the Chairperson shall not make grants except where such activities are allowed grants, self-governance compacts or annual exceeding 15 percent, in the aggregate, of under the Presidential proclamation estab- funding agreements. such funds to any single State, excluding lishing such monument. SEC. 409. Of the funds provided to the Na- grants made under the authority of para- SEC. 418. EXTENSION OF FOREST SERVICE tional Endowment for the Arts: graph (1); CONVEYANCES PILOT PROGRAM.—Section 329 (1) The Chairperson shall only award a (3) the Chairperson shall report to the Con- of the Department of the Interior and Re- grant to an individual if such grant is award- gress annually and by State, on grants lated Agencies Appropriations Act, 2002 (16

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U.S.C. 580d note; Public Law 107–63) is lands may be expended for the filing of dec- SEC. 426. (a) IN GENERAL.—An entity that amended— larations of taking or complaints in con- enters into a contract with the United (1) in subsection (b), by striking ‘‘40’’ and demnation without the approval of the States to operate the National Recreation inserting ‘‘60’’; House and Senate Committees on Appropria- Reservation Service (as solicited by the so- (2) in subsection (c) by striking ‘‘13’’ and tions: Provided, That this provision shall not licitation numbered WO–04–06vm) shall not inserting ‘‘25’’; and apply to funds appropriated to implement carry out any duties under the contract (3) in subsection (d), by striking ‘‘2008’’ and the Everglades National Park Protection and using: inserting ‘‘2009’’. Expansion Act of 1989, or to funds appro- (1) a contact center located outside the SEC. 419. In entering into agreements with priated for Federal assistance to the State of United States; or foreign countries pursuant to the Wildfire Florida to acquire lands for Everglades res- (2) a reservation agent who does not live in Suppression Assistance Act (42 U.S.C. 1856m) toration purposes. the United States. the Secretary of Agriculture and the Sec- SEC. 423. (a) LIMITATION ON COMPETITIVE (b) NO WAIVER.—The Secretary of Agri- retary of the Interior are authorized to enter SOURCING STUDIES.— culture may not waive the requirements of into reciprocal agreements in which the indi- (1) Of the funds made available by this or subsection (a). viduals furnished under said agreements to any other Act to the Department of the Inte- (c) TELECOMMUTING.—A reservation agent provide wildfire services are considered, for rior for fiscal year 2006, not more than who is carrying out duties under the con- purposes of tort liability, employees of the $3,450,000 may be used by the Secretary of tract described in subsection (a) may not country receiving said services when the in- the Interior to initiate or continue competi- telecommute from a location outside the dividuals are engaged in fire suppression: tive sourcing studies in fiscal year 2006 for United States. Provided, That the Secretary of Agriculture programs, projects, and activities for which (d) LIMITATIONS.—Nothing in this Act shall or the Secretary of the Interior shall not funds are appropriated by this Act and such be construed to apply to any employee of the enter into any agreement under this provi- funds shall not be available until the Sec- entity who is not a reservation agent carrying out the duties under the contract de- sion unless the foreign country (either di- retary submits a reprogramming proposal to scribed in subsection (a) or who provides rectly or through its fire organization) the Committees on Appropriations of the managerial or support services. agrees to assume any and all liability for the Senate and the House of Representatives, SEC. 427. Section 331, of Public Law 106–113, acts or omissions of American firefighters and such proposal has been processed con- engaged in firefighting in a foreign country: is amended— sistent with the reprogramming guidelines (1) in part (a) by striking ‘‘2005’’ and insert- Provided further, That when an agreement is in House Report 108–330. reached for furnishing fire fighting services, ing ‘‘2009’’; and (2) Of the funds appropriated by this Act, (2) in part (b) by striking ‘‘2005’’ and insert- the only remedies for acts or omissions com- not more than $2,500,000 may be used in fiscal mitted while fighting fires shall be those ing ‘‘2009’’. year 2006 for competitive sourcing studies provided under the laws of the host country, SEC. 428. Section 330 of the Department of and related activities by the Forest Service. and those remedies shall be the exclusive the Interior and Related Agencies Appropria- (b) COMPETITIVE SOURCING STUDY DE- remedies for any claim arising out of fight- tions Act, 2001 (Public Law 106–291; 114 Stat. FINED.—In this section, the term ‘‘competi- 996; 43 U.S.C. 1701 note), is amended— ing fires in a foreign country: Provided fur- tive sourcing study’’ means a study on sub- ther, That neither the sending country nor (1) in the first sentence, by striking ‘‘2005’’ jecting work performed by Federal Govern- any legal organization associated with the and inserting ‘‘2008’’; ment employees or private contractors to firefighter shall be subject to any legal ac- (2) in the third sentence, by inserting ‘‘, public-private competition or on converting tion whatsoever pertaining to or arising out National Park Service, Fish and Wildlife the Federal Government employees or the of the firefighter’s role in fire suppression. Service,’’ after ‘‘Bureau of Land Manage- work performed by such employees to pri- SEC. 420. None of the funds made available ment’’; and in this Act may be transferred to any depart- vate contractor performance under the Of- (3) by adding at the end the following new ment, agency, or instrumentality of the fice of Management and Budget Circular A– sentence: ‘‘To facilitate the sharing of re- United States Government except pursuant 76 or any other administrative regulation, sources under the Service First initiative, to a transfer made by, or transfer authority directive, or policy. the Secretaries of the Interior and Agri- provided in, this Act or any other appropria- (c) COMPETITIVE SOURCING EXEMPTION FOR culture may make transfers of funds and re- tions Act. FOREST SERVICE STUDIES CONDUCTED PRIOR imbursement of funds on an annual basis SEC. 421. In awarding a Federal contract TO FISCAL YEAR 2006.—Notwithstanding re- among the land management agencies re- with funds made available by this Act, not- quirements of Office of Management and ferred to in this section, except that this au- withstanding Federal government procure- Budget Circular A–76, Attachment B, the thority may not be used to circumvent re- ment and contracting laws, the Secretary of Forest Service is hereby exempted from im- quirements and limitations imposed on the Agriculture and the Secretary of the Interior plementing the Letter of Obligation and use of funds.’’. (the ‘‘Secretaries’’) may, in evaluating bids post-competition accountability guidelines SEC. 429. The Secretary of Agriculture may and proposals, give consideration to local where a competitive sourcing study involved acquire, by exchange or otherwise, a parcel contractors who are from, and who provide 65 or fewer full-time equivalents, the per- of real property, including improvements employment and training for, dislocated and formance decision was made in favor of the thereon, of the Inland Valley Development displaced workers in an economically dis- agency provider; no net savings was achieved Agency of San Bernardino, California, or its advantaged rural community, including by conducting the study, and the study was successors and assigns, generally comprising those historically timber-dependent areas completed prior to the date of this Act. Building No. 3 and Building No. 4 of the that have been affected by reduced timber (d) In preparing any reports to the Com- former Defense Finance and Accounting harvesting on Federal lands and other forest- mittees on Appropriations on competitive Services complex located at the southwest dependent rural communities isolated from sourcing activities, agencies funded in this corner of Tippecanoe Avenue and Mill Street significant alternative employment opportu- Act shall include the incremental cost di- in San Bernardino, California, adjacent to nities: Provided, That notwithstanding Fed- rectly attributable to conducting the com- the former Norton Air Force Base. As full eral Government procurement and con- petitive sourcing competitions, including consideration for the property to be ac- tracting laws the Secretaries may award costs attributable to paying outside consult- quired, the Secretary of Agriculture may contracts, grants or cooperative agreements ants and contractors and, in accordance with terminate the leasehold rights of the United to local non-profit entities, Youth Conserva- full cost accounting principles, all costs at- States received pursuant to section 8121(a)(2) tion Corps or related partnerships with tributable to developing, implementing, sup- of the Department of Defense Appropriations State, local or non-profit youth groups, or porting, managing, monitoring, and report- Act, 2005 (Public Law 108–287; 118 Stat. 999). small or disadvantaged business or micro- ing on competitive sourcing, including per- The acquisition of the property shall be on business: Provided further, That the contract, sonnel, consultant, travel, and training costs such terms and conditions as the Secretary grant, or cooperative agreement is for forest associated with program management. of Agriculture considers appropriate and hazardous fuels reduction, watershed or SEC. 424. Estimated overhead charges, de- may be carried out without appraisals, envi- water quality monitoring or restoration, ductions, reserves or holdbacks from pro- ronmental or administrative surveys, con- wildlife or fish population monitoring, or grams, projects and activities to support sultations, analyses, or other considerations habitat restoration or management: Provided governmentwide, departmental, agency or of the condition of the property. further, That the terms ‘‘rural community’’ bureau administrative functions or head- SEC. 430. The Secretary of the Interior and ‘‘economically disadvantaged’’ shall quarters, regional or central office oper- shall submit to the House Committee on Ap- have the same meanings as in section 2374 of ations shall be presented in annual budget propriations a report detailing the Federal Public Law 101–624: Provided further, That the justifications. Changes to such estimates expenditures pursuant to the Southern Ne- Secretaries shall develop guidance to imple- shall be presented to the Committees on Ap- vada Public Lands Management Act (section ment this section: Provided further, That propriations for approval. 4(e)(3) of Public Law 105–263) for fiscal years nothing in this section shall be construed as SEC. 425. None of the funds in this Act or 2003 and 2004. relieving the Secretaries of any duty under prior Acts making appropriations for the De- SEC. 431. None of the funds in this Act may applicable procurement laws, except as pro- partment of the Interior and Related Agen- be used to prepare or issue a permit or lease vided in this section. cies may be provided to the managing part- for oil or gas drilling in the Finger Lakes SEC. 422. No funds appropriated in this Act ners or their agents for the SAFECOM or National Forest, New York, during fiscal for the acquisition of lands or interests in Disaster Management projects. year 2006.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3658 CONGRESSIONAL RECORD — HOUSE May 19, 2005 The Acting CHAIRMAN. Are there against the provision on page 124, lines roads are, quote, sufficient to satisfy any points of order to pending provi- 15 through 25, on the grounds that this local demand for road, recreation, sub- sions of the bill? provision changes existing law in viola- sistence, and community connectivity POINTS OF ORDER tion of clause 2(b) of House rule XXI, needs, unquote. Mr. TOM DAVIS of Virginia. Mr. therefore it is legislation included in a Mr. Chairman, this is a simple, Chairman, I raise a point of order general appropriation bill. straightforward amendment. It would against section 413 of H.R. 2361, on the The Acting CHAIRMAN. Does any stop the Forest Service from con- grounds that this provision changes ex- Member wish to be heard on this point structing new logging roads at tax- isting law in violation of clause 2(b) of of order? payer expense. Let me repeat that, at House rule XXI, and therefore is legis- Hearing none, the Chair finds that taxpayer expense, in the Tongass. lation included in a general appropria- this provision includes language im- b 1745 parting direction to certain agencies. tion bill. It does not prevent the timber indus- The provision, therefore, constitutes The Acting CHAIRMAN. Does anyone try from building their own roads. It legislation in violation of clause 2 of else wish to be heard on the point of does no prohibit the forest service from rule XXI. order? constructing roads needed for forest The point of order is sustained, and The Chair finds that this section pre- management, community connectivity, the provision is stricken from the bill. scribes a legislative condition on the or for recreation. I know there are availability of funds. The section AMENDMENT OFFERED NO. 7BYMR. CHABOT some who would have my colleagues therefore constitutes legislation in vio- Mr. CHABOT. Mr. Chairman, I offer believe differently, but this amend- lation of clause 2 of rule XXI. an amendment. ment has nothing to do with the The point of order is sustained, and The Acting CHAIRMAN. The Clerk roadless rule. It has everything to do the section is stricken from the bill. will designate the amendment. with good government and fiscal re- Mr. TOM DAVIS of Virginia. I raise a The text of the amendment is as fol- sponsibility. point of order against the provision be- lows: This amendment is not an attempt to ginning with ‘‘notwithstanding’’ on Amendment No. 7 offered by Mr. CHABOT: take away jobs in Alaska. In fact, be- page 121, line 11, through the comma on At the end of the bill (before the short tween 1998 and 2004, Tongass-related line 12, on the grounds that this provi- title), insert the following: jobs fell from over 1,500 to less than SEC. ll. (a) None of the funds made avail- sion changes existing law in violation 300. That means that taxpayers are of clause 2(b) of House rule XXI and able in this Act may be used for the designing or construction of forest development subsidizing each existing timber job to therefore is legislation included in a roads in the Tongass National Forest for the the tune of about $163,000 per job, about general appropriation bill. purpose of harvesting timber by private enti- four times the median U.S. household The Acting CHAIRMAN. Does anyone ties or individuals. income. Despite massive taxpayer sub- wish to be heard on this point of order? (b) Subsection (a) shall not apply with re- sidies, Alaskan timber continues to de- If not, the Chair is prepared to rule. spect to a forest development road for which cline. The Chair finds that this provision construction is initiated before the date of That said, this amendment does not explicitly supersedes existing law. The the enactment of this Act. stop timber companies from continuing provision therefore constitutes legisla- Mr POMBO. Mr. Chairman, I reserve to log off the roads that the American tion in violation of clause 2 of rule a point of order against the amend- taxpayers have already built for them. XXI. ment under rule XXI, clause 2. In fact, the Forest Service has a 10- The point of order is sustained, and The Acting CHAIRMAN. The point of year supply of timber remaining off the provision is stricken from the bill. order is reserved. current roads. Mr. TOM DAVIS of Virginia. Mr. Pursuant to the order of House of Between 1998 and 2004, half of Chairman, I have three other points of today, the gentleman from Ohio (Mr. Tongass timber contracts went unsold. order. I will raise them individually. CHABOT) and a Member opposed each This means taxpayers spend millions of I have a point of order against the will control 10 minutes. dollars for the Forest Service to build provision beginning with ‘‘notwith- The Chair recognizes the gentleman roads and plan sales to access timber standing’’ on page 121, line 22, through from Ohio (Mr. CHABOT). they often cannot even sell; and those the word ‘‘laws’’ on line 23, on the Mr. CHABOT. Mr. Chairman, I yield they do sell, they do so at below-mar- grounds that this provision also myself such time as I might consume. ket rates. In fact, the Forest Service is changes existing law in violation of Mr. Chairman, established in 1907 by offering to let logging companies can- clause 2(b) of House rule XXI. President Theodore Roosevelt, the cel contracts already sold because the The Acting CHAIRMAN. Does anyone Tongass is our Nation’s largest forest, companies do not want the timber. wish to be heard? The Chair finds that about the size of West Virginia. Lo- Mr. Chairman, I support logging in this provision explicitly supersedes ex- cated along Alaska’s southeastern our national forests when it makes isting law. The provision, therefore, coast, it is often referred to as Amer- sense, when it is economically viable. I constitutes legislation in violation of ica’s rain forest and is home to abun- believe our forests should be actively clause 2 of rule XXI. dant wildlife, bald eagles, grizzly bears, managed so that they may be as The point of order is sustained, and wolves, and salmon, as well as old healthy as possible; but while we need the provision is stricken from the bill. growth trees such as the giant Sitka to be good stewards of our forests, we Mr. TOM DAVIS of Virginia. Mr. spruce, western hemlock, and yellow must also be good stewards of the Chairman, I raise a point of order cedar. American people’s money. against the provision beginning with Mr. Chairman, each year the timber It is time to restore some common the word ‘‘notwithstanding’’ on page industry is subsidized by millions of sense and fiscal discipline to the 124, line 6 through line 7, on the tax dollars, taxpayer, hard working Tongass timber program. I urge my grounds that this provision changes ex- funding tax dollars for logging in the colleagues to stand up for the Amer- isting law in violation of clause 2(b) of Tongass National Forest, approxi- ican taxpayers and support this amend- House rule XXI. mately $850 million since 1982. ment. The Acting CHAIRMAN. Does anyone Each year more taxpayer subsidized Mr. Chairman, I reserve the balance wish to be heard on this point of order? logging roads are built to extract the of my time. Hearing none, the Chair finds that timber, and each year the road mainte- POINT OF ORDER this provision explicitly supersedes ex- nance backlog gets more expensive. It Mr. POMBO. Mr. Chairman, I make a isting law. The provision therefore con- is about $100 million right now. There point of order against the amendment. stitutes legislation in violation of are already about 5,000 miles of roads The amendment constitutes legisla- clause 2, rule XXI. in the Tongass. tion on an appropriations bill. Under The point of order is sustained, and That is enough road to drive from the amendment, the limit on funds the provision is stricken from the bill. Washington, D.C. to Los Angeles and does not apply to roads under construc- Mr. TOM DAVIS of Virginia. Mr. most of the way back. Even the Forest tion on the date of enactment of this Chairman, I raise a point of order Service acknowledges that existing bill

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3659 Making this determination is far discover the dates on which various With no public notice or comment, from simple. The Tongass National road-construction projects were com- this rider trashed 33 years of national Forest is 16 million acres and access is menced within the periods in which policy and lifted the prohibition on the basically limited to boat and plane. they were authorized to commence. commercial sale of America’s wild Compliance with this provision would On these premises, the Chair con- horses. require Forest Service personnel field cludes that the amendment offered by Today, the gentleman from Kentucky visits to numerous locations where the gentleman from Ohio (Mr. CHABOT) (Mr. WHITFIELD) and I, along with our road contracts are in effect to deter- proposes to change existing law. colleagues, the gentleman from New mine if or when road construction has Accordingly, the point of order is York (Mr. SWEENEY) and the gentleman begun. sustained, and the amendment is not in from South Carolina (Mr. SPRATT), are Therefore, determining the construc- order. offering this amendment to restore tion status of roads in the Tongass Mr. ANDREWS. Mr. Chairman, I that prohibition, to stop the slaughter. would take considerable effort on the move to appeal the ruling of the Chair. There is an urgency here. So far this part of the Forest Service. This new The Acting CHAIRMAN. The ques- year, 41 wild horses that we know of substantial duty makes this amend- tion is, Shall the decision of the Chair have been sent to one of the three for- ment legislative in nature. stand as the judgment of the com- eign-owned slaughterhouses in this I ask the Chair to sustain my point mittee? country. Moreover, the BLM has esti- of order. Mr. ANDREWS. Mr. Chairman, I ask mated that 8,400 horses need to be sold The Acting CHAIRMAN (Mr. FOLEY). unanimous consent to withdraw my to comply with the recent change in Does any Member wish to be heard on motion. the law. the point of order? The Acting CHAIRMAN. Without ob- To what end? To what end, I ask? So The gentleman from New Jersey (Mr. jection, the appeal is withdrawn. their meat can end up on menus in ANDREWS) is recognized. There was no objection. France, Belgium and Japan where it is Mr. ANDREWS. Mr. Chairman, I AMENDMENT NO. 1 OFFERED BY MR. RAHALL considered a delicacy. would urge that the point of order be Mr. RAHALL. Mr. Chairman, I offer Incredible, simply incredible. We do rejected on grounds that the language an amendment. not allow the commercial sale of horse my friend cites explicates and explains The Acting CHAIRMAN. The Clerk flesh in this country for human con- a limitation. This is a limitation will designate the amendment. sumption, but we are exporting horse amendment, and the language in the The text of the amendment is as fol- meat for that purpose abroad. amendment simply establishes the lows: Since introducing the legislation scope of the limitation. which is the basis for this amendment, The test is not whether the limita- Amendment No. 1 offered by Mr. RAHALL: At the end of the bill (before the short I have received an impressive volume tion is difficult to figure out. The test title), insert the following new section: of heartfelt letters and e-mails from is whether it imposes a new obligation. SEC. lll. LIMITATION ON USE OF FUNDS FOR across the Nation. This language does not, and I would SALE OR SLAUGHTER OF FREE- The very notion that wild American urge rejection of the point of order. ROAMING HORSES AND BURROS. horses would be slaughtered as a food Mr. CHABOT. Mr. Chairman, I would None of the funds made available by this source for foreign gourmets has struck also like to be heard very briefly. Act may be used for the sale or slaughter of a chord with the American people. I acknowledge, I recognize, I would wild free-roaming horses and burros (as de- They see in this issue the pioneering agree with everything that the gen- fined in Public Law 92–195). spirit and the ideals of freedom, and tleman from New Jersey just said. I The Acting CHAIRMAN. Pursuant to the current policy has created disillu- also might bring to the attention the the order of the House of today, the sionment with many over how their fact that this is essentially the same gentleman from West Virginia (Mr. RA- government works and what their amendment that was offered and held HALL) and a Member opposed each will elected leaders stand for. in order in the last Congress. control 10 minutes. From Florida, Stacey wrote, ‘‘Know- The Acting CHAIRMAN. Does any The Chair recognizes the gentleman ing that the horses won’t be there for other Member wish to speak on the from West Virginia (Mr. RAHALL). my kids has made me feel sad, hurt and point of order? The Chair will rule mo- Mr. RAHALL. Mr. Chairman, I yield angry at our government.’’ mentarily. myself such time as I may consume. A former West Virginian named Val- The gentleman from California (Mr. Mr. Chairman, I am offering this erie who now resides in Nevada wrote, POMBO) makes a point of order that the amendment on behalf of myself, the ‘‘I, and our friends, have enjoyed going amendment offered by the gentleman gentleman from Kentucky (Mr. on to the desert to see wild horses from Ohio (Mr. CHABOT) proposes to WHITFIELD), the gentleman from New roaming free.’’ change existing law, in violation of York (Mr. SWEENEY), and the gen- Jeremy from Oregon wrote, ‘‘Your clause 2(c) of rule XXI. tleman from South Carolina (Mr. support will help to restore the public’s As recorded in Deschler’s Precedents, SPRATT). confidence by assuring us that Con- volume 8, section 52, even though a Mr. Chairman, America is blessed gress operates under the principles of limitation or exception therefrom with a rich natural heritage. Part of for the people and by the people.’’ might refrain from explicitly assigning that heritage are the herds of wild We must restore the people’s faith. new duties to officers of the govern- horses, direct descendants of animals We must stop the slaughter of these ment, if it implicitly requires them to that came here with early explorers American icons. make investigations, compile evidence, and missionaries, which still roam the A week and a half ago, an annual rite or make judgments or determinations ranges in parts of the American West. of spring was held called the Running not otherwise required of them by law, In 1971, Congress formally protected of the Kentucky Derby, a uniquely then it assumes the character of legis- these wild horses and mandated that American institution. lation and is subject to a point of order they could not be sold or processed into I am wearing on my lapel a pin here, under clause 2(c) of rule XXI. commercial products, in effect, slaugh- a symbol which bears the likeness of The proponent of a limitation carries tered. Ferdinand who won the 1986 Derby and the burden of establishing that any du- Since that time, when the Bureau of the 1987 Breeders’ Cup Classic, notable ties imposed by the provision either Land Management has determined that achievements. Yet his reward was to are merely ministerial or are already the wild horse population is excessive end his life in a Japanese slaughter- required by law. to the ability of the range to support house. Ferdinand was not a wild horse, The Chair finds that limitation pro- them, captured animals have been of- true, from the American plain, but the posed in the amendment offered by the fered to the public through adoption. issue is one in the same. gentleman from Ohio (Mr. CHABOT) All of that changed as a result of a As children, many of us recall read- does more than merely decline to fund rider tucked away in the dead of night ing the compelling story in the book a certain activity. Instead, it requires in the massive omnibus appropriations ‘‘Misty of Chincoteague.’’ What type of the officials concerned to discern or bill enacted last December. message would we be sending today’s

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3660 CONGRESSIONAL RECORD — HOUSE May 19, 2005 youth if Misty was rounded up and sent We can all have our differences as it has by far and away more wild horses to be slaughtered. relates to this issue, but as my colin it than any district in the United For Misty’s sake, for America’s sake, leagues have pointed out so appro- States, bar none. Of the 30,000 horses vote for the Rahall-Whitfield amend- priately, surreptitiously last year, we are talking about, 20,000 of them are ment. snuck into the omnibus bill, is a piece in the Second District of Nevada. This Mr. Chairman, I yield 5 minutes to of legislation that many of us have dis- amendment, if it is passed, will be a the gentleman from Kentucky (Mr. agreement over. We all agree in this rule of unintended consequences on WHITFIELD), a cosponsor of the amend- appropriation process that that is not what happens to the management of ment. the way Congress ought to go about these horses. Mr. WHITFIELD. Mr. Chairman, I doing its business and, worse yet, that My colleagues, in Nevada horses do want to thank the gentleman for yield- legislation overturned decades, indeed not always look beautiful like the ing me time very much; and as he so generations of Congressional policy. horse that we see in Black Beauty. aptly stated, we would not be here Now, we can argue the substance and Sometimes they are misshapen. Some- today except for the action of Senator the differences as to whether this is times they are deformed. That is be- CONRAD Burns in the last omnibus bill. economically feasible and right, and cause we cannot manage 20,000 horses What this motion and amendment whether this is humane or not, but the on land which does not look like Ken- that we are proposing today is really fact of the matter is it was surrep- tucky, does not look like West Vir- about, it is not so much about a few titiously snuck in, it ought not to have ginia. These horses get starved, they wild mustangs and burros, only 31,000 happened, I believe it violates policy are weakened, they become diseased remaining in the wild western grazing for more than a generation and 30 to 40 and, of course, they are not as easily lands. But what this is really about, it years of Congressional intent. We adopted as before. is about the fact that we have 18,000 ought not to let that happen. So I urge If this amendment is passed, the un- permits issued by the Bureau of Land my colleagues to support this amend- intended consequence will be to pre- Management to ranchers in the West ment. vent the Bureau of Land Management on 214 million acres of land, of which Mr. RAHALL. Mr. Chairman, I re- from properly managing. And today these ranchers are paying less than six serve the balance of my time. this amendment is moot. The Bureau cents per acre, per year. Now that is a Mr. TAYLOR of North Carolina. Mr. of Land Management today announced good deal, and I can understand why Chairman, I rise to claim the time in strict new rules for the sale of wild they would be excited about it. They opposition to the amendment, and I horses. These changes will ensure are grazing over 8 or 9 million cows on yield myself such time as I may con- America’s wild horses and burros go to this land, and we are talking about sume. good homes, and the new rules will ex- 31,000 wild mustangs and burros on this Mr. Chairman, this issue is about the pressly prohibit the sale of these ani- 214 million acres of land, and the proper management of wildlife and mals for slaughter. ranchers do not want any wild mus- public lands, and the Committee on Ap- Specifically, before horses are sold tangs or burros on this land. That is propriations is in charge of trying to buyers must sign a contract that will really what this is all about. adequately fund the United States bind them to providing humane care The question becomes, is it in the agencies. If we want to get into the for the horse or burro. Buyers cannot heritage of America to protect the few question of whether or not the six sell or transfer ownership of any of the remaining wild mustangs and burros? cents is being paid for grazing land or purchased horses or burros to any per- This amendment simply reverses the anything else, you need to go to the son or organization that intend to Burns amendment and restores 37 years authorizing committees and have a de- process them for commercial products. of public policy of protecting wild mus- bate there and get it changed and so Anyone falsifying or concealing infor- tangs and burros. forth. mation in that contract is subject to I can tell my colleagues I have a lot We in the Committee on Appropria- criminal penalties under U.S. law. of cattle ranchers in my district in tions have a situation where wild Additionally, the BLM is working to Kentucky, and they are in Tennessee horses and burros cost the taxpayers ensure that all three U.S. horse proc- and Florida and Texas and Alabama $40 million annually. Now, this is more essing plants make certain any BLM and Mississippi and Louisiana and all than BLM spends on all wildlife man- horses, which are easily identified by a around this country, and all of them agement activities on public lands. unique brand under its mane, are pay a lot more than six cents per acre There are currently 24,000 wild horses turned away and the proper authorities per year for these permits and for land. and burros that are kept in short-term, are notified. I might also add that these 18,000 per- or long-term, either way, holding fa- In sum, the new BLM rules will make mits of ranchers on these grazing lands cilities. They are not roaming free. it a crime to sell wild horses for in the West provide only 2 percent of They are being housed in these short- slaughter, yet will allow for the sale of the cows slaughtered in America, and term facilities, and that is costing $20 these animals to buyers seeking to pro- we all like a good steak. We want to million, and they are living there until vide them good caring homes. continue slaughtering cows for steaks they die. I applaud the Bush administration because they are raised for that pur- BLM has the authority to sell the and the Bureau of Land Management pose; but we also have a responsibility older or unadoptable animals. Now, if for taking responsible action to assure to protect wild mustangs and burros they are 10 years or older, or if they America’s wild horses and burros are who are native to this country, who have been offered three times for sale cared for, and I would like to thank the have been protected in this country. and been turned down, then this would Ford Motor Company and the Take They simply lost that protection be- give BLM the authority to sell these Pride in America Program, which this cause of a 4,000 page omnibus bill, and older, unadoptable animals and con- amendment will stop dead in its none of us was aware that the Burns serve the $40 million that we are talk- tracks, for supporting BLM in this ef- amendment was in it. ing about. That is what we are asking, fort and creating the Save the Mus- and we think that is a prudent meas- tangs Fund. b 1800 ure, so we urge our colleagues to defeat Mr. TAYLOR of North Carolina. Mr. So that is what this amendment is this amendment. Chairman, I yield 1 minute to the gen- about. Mr. Chairman, I yield 21⁄2 minutes to tleman from Oregon (Mr. WALDEN). Mr. RAHALL. Mr. Chairman, I yield the gentleman from Nevada (Mr. GIB- Mr. WALDEN of Oregon. Mr. Chair- such time as he may consume to the BONS). man, I rise in opposition to this amend- gentleman from New York (Mr. (Mr. GIBBONS asked and was given ment, and I certainly am one who is SWEENEY). permission to revise and extend his re- not in favor of the slaughtering of wild Mr. SWEENEY. Mr. Chairman, I marks.) horses, but I am also as a fiscal con- thank the gentleman for yielding me Mr. GIBBONS. Mr. Chairman, I servative who is concerned about what this time, and I want to get briefly to thank the gentleman for yielding me happens along the way, because we are the point. this time. I come from the district that looking at a price of somewhere on the

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That is 9,000 more purposes, including hunting, grazing, of these animals. than the carrying capacity of the land. fishing, recreating, wildlife, and many In regard to what the gentleman In the few seconds I have left, I want to other uses. The Horse and Wild Burros from Nevada said, that BLM has re- show my colleagues this photo. This is Act recognized that horses and burros cently done, what BLM has proposed in from Nevada. This cage was put over would have to coexist with these other the last day or two in an effort to head this grass, and this is what the wild uses and have been managed thusly off the successful passage of this horses have done all around it, in since 1960. amendment is illegal under the change terms of what happens in a fairly wet Unfortunately, horse populations in law that was made by the omnibus area. You get into the dry areas, and have far exceeded the desirable levels appropriation bill last year. they completely overrun the range- for years, causing serious resource And I would say to the distinguished land. damage. Serious-minded conservation chairman of the subcommittee, in de- What we need to do is, if there is a groups, such as the National Associa- fense of the gentleman from California problem with someone violating the tion of Conservation Districts, the (Mr. POMBO) and myself on the author- law, we need to put the criminal pen- International Association of Fish and izing committee, this change was made alties back in so they can be pros- Wildlife Agencies, the Nature’s Conser- in an appropriation bill, not in an au- ecuted, but the BLM have said they vancy, and others have recognized the thorization bill. Therefore, it is incum- will not issue any contracts that will damage caused by these horses. bent the change or reversal be done in allow for any slaughter. Taking away Balanced management must be rean appropriation measure. their ability to sell the wild horses, stored in the public lands where wild So I would urge that my colleagues however, will create a huge fiscal bur- horses roam. In an effort to achieve look at the humane side of this amend- den to the Federal Government and the this balance, Congress gave the BLM ment, look at what is only fair to these taxpayer and not allow us to properly the authority to sell the excess. All American icons and vote for the Ra- manage these herds. this, Mr. Chairman, has been said be- hall-Whitfield-Sweeney-Spratt amend- So I urge a ‘‘no’’ vote on this amend- fore, and I am not going to go into it ment. ment. again, except I will tell you that with- Mr. Chairman, I yield back the bal- Mr. TAYLOR of North Carolina. Mr. out this authority the only feasible op- ance of my time. Chairman, I yield 1 minute to the gen- tion is leaving unadopted excess ani- Mr. TAYLOR of North Carolina. Mr. tleman from Idaho (Mr. SIMPSON). mals in contracted long-term holding Chairman, I yield 11⁄2 minutes to the Mr. SIMPSON. Mr. Chairman, this facilities that we are now doing to the gentleman from Virginia (Mr. GOOD- debate should be about one of public cost of at least $9 million a year. LATTE), the distinguished chairman of lands and wildlife management and The loss of this new tool in selling Committee on Agriculture. nothing more. And I will be the first to would only mean that priority funding (Mr. GOODLATTE asked and was say that I do not like to see these wild will keep going to care for and feed given permission to revise and extend horses taken off the range, but at the unadoptable animals instead of man- his remarks.) same time they have to be properly aging the number on the range and in Mr. GOODLATTE. Mr. Chairman, managed. balance with the demands of our other this is one of those issues where our op- Over the years, we in Congress and resources. ponents are trying to use emotion to those in State governments have cre- I would hope, Mr. Chairman, that my overwhelm good policy. As is usually ated a variety of methods to help con- colleagues would see the wisdom in the case in such debates, the results trol animal populations, whether it is turning back this probably well-in- are exactly the opposite of what is placing a species under the protection tended but misdirected amendment. being advocated. of the Endangered Species Act when Mr. RAHALL. Mr. Chairman, I yield So it is with the proposal to revoke the numbers are dwindling or allowing 30 seconds to the gentleman from Ken- the Secretary of Interior’s authority to increasing hunting for various species tucky (Mr. WHITFIELD), the cosponsor sell excess wild horses and burros. Iron- when the numbers of the species are of the amendment. ically, rather than saving wild horses, too great. Wild horses should be no dif- Mr. WHITFIELD. Mr. Chairman, I the amendment will have the perverse ferent. might add that BLM has already told effect of ensuring their numbers will We must remember that wild horses us that under the Burns language they stay at unsustainable levels, adoption have virtually no natural predators have no criminal penalties available to efforts will be hampered, and thou- and the herd sizes can double every 5 them. Even though they may put in a sands of old unadoptable horses will years. If these herds are not managed, contract that a horse cannot be taken stay stuck in limbo in long-term hold- wild horse numbers will increase at to slaughter they have no recourse if ing facilities, or as the gentleman from alarming rates. Left unmanaged wild someone does it. Kentucky suggested, euthanized. Oh, horses not only degrade our public I would remind people once again that makes a lot of sense. lands but they also create conditions that these are public lands, 214 million But this is what you get. This is what where many times these horses would acres of land. We are talking about you get with this kind of policy, horses be unable to survive on their own. 30,000 wild horses we need to protect. that are starving to death on the In order to be good stewards of our We have companies like Ford Motor range. The BLM has conducted an anal- public lands, these animals must be Company taking in horses now, and we ysis of their wild horse and burro pro- managed, and the only way to manage have over 214 entities out in the coun- gram and determined that if they had these herds is to take some of these try doing it. I think that there is plen- not removed many of the wild horses animals off the range. The primary ty of money available. from the range, prolonged drought, re- method for controlling horse popu- Also, we would urge the BLM to duced forage production, and poor lations has of course been adoption. euthanize horses rather than send health would have resulted in large But, unfortunately, adoptions have not them to slaughter. That is an option losses during the winter of 2005. kept up with our expanding wild horse also. But this is a well-intended amend- and burro herds. ment and it would reintroduce the pol- b 1815 Mr. Chairman, I urge Members to op- icy that has been the accepted policy In Cedar City, Utah, for example, pose this amendment and support our in the U.S. for 37 years. over 100 horses had to be removed from public lands. Mr. RAHALL. Mr. Chairman, I yield the range to prevent their suffering Mr. TAYLOR of North Carolina. Mr. myself such time as I may consume. and potential starvation. Chairman, I yield 2 minutes to the gen- In conclusion, Mr. Chairman, the It is ironic that the authority that tleman from Idaho (Mr. OTTER). gentleman from Kentucky has just was used to save nearly 2,000 horses

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3662 CONGRESSIONAL RECORD — HOUSE May 19, 2005 this past year is the very authority the efficient tool in the management of the pro- Public outcry and the work of a group of citi- sponsors of this amendment are trying gram. By not allowing BLM to keep the herd zens lead by Wild Horse Annie forced Con- to repeal. in manageable numbers, this amendment en- gress to find a solution and pass the Wild If this amendment prevails, the only dangers the welfare of the wild horses by ex- Free Roaming Horse and Burro Protection Act method to remove these horses will be acerbating the deplorable conditions these ani- to protect the wild horse. Throughout the adoption, which historically has failed mals must try to survive in where their only years this law has been eroded, and currently, to keep up with the explosion of the escape is death by starvation. there are only 35,000 wild horses living on our population. Inadequacy of the adoption Vote for the welfare of the wild horses. Vote lands today. Current law will only make this program has resulted in many of these ‘‘no’’ on the Rahall-Whitfield Amendment. number decrease more rapidly. horses being sentenced to spend the Ms. HERSETH. Mr. Chairman, today I will rest of their lives in long-term facili- vote in support of the amendment to the FY06 I was saddened to learn about the provision ties unsuitable for wild horses. I urge Interior Appropriations Bill, offered by Mr. RA- in last year’s omnibus appropriations bill that my colleagues to oppose this amend- HALL, that will prevent the Secretary of the In- would allow the sale of any wild horse that ment. terior from expending funds to conduct sales has been rounded up and is more than ten Mr. Chairman, this is one of those issues of wild horses for the next fiscal year. That years old. Because of this provision, at least where our opponents are trying to use emo- said, I am not categorically opposed to the forty-one wild horses have needlessly been tion to overwhelm good policy. As is usually sale of wild horses that live on federal lands slaughtered. If we do not pass this amend- the case in such debates, the results are ex- and will seek to work with my colleagues to ment to ensure that no tax dollars are used for actly the opposite of what is being advocated. find a feasible solution to the federal land any sale of wild thousands more could lose So it is with the proposal to revoke the Sec- management challenges that underlie this their lives. retary of the Interior’s authority to sell excess issue. There is no need for this senseless slaugh- wild horses and burros. Ironically, rather than Initially, let me indicate that I believe the ter. There are other options that we can ex- saving wild horses, the amendment will have process by which Wild Free-Roaming Horse plore rather than killing this majestic animal. the perverse effect of ensuring that their num- and Burro Act was amended, with language The Bureau of Land Management could re- bers will stay at unsustainable levels, adoption inserted in an omnibus appropriations act with- open over one hundred herd management efforts will be hampered, and thousands of out any public hearings or comment, was ex- areas or use animal contraception methods to old, unadoptable horses will stay stuck in tremely inappropriate and that fact alone is keep the size of the herds manageable. There limbo in long-term holding facilities. Horses on grounds for Congress to revisit this issue. is simply no reason for these horses to be I strongly believe that we must provide the the range will, most likely, starve to death. slaughtered for use as meat in other countries. BLM has conducted an analysis of their wild Bureau of Land Management (BLM) and all horse and burro program and determined that federal land management agencies the tools The horse is more than just an animal to if they had not removed many of the wild and the resources they need to conserve our our country. It is a beloved literary figure, a horses from the range, prolonged drought, re- precious public resources. Ultimately, this may character in a movie or television show, a duced forage production and poor health mean granting horse-sale authority to the symbol of adventure, a friend of the cowboy, would have resulted in large losses during the BLM. I do not believe, however, that these and an important part of our history. William winter of 2005. In Cedar city, Utah, for exam- wild horses should end up in slaughterhouses. Shakespeare once stated that horses were, ple, over 100 horses had to be removed from The fact that forty-one wild horses were re- ‘‘As full of spirit as the month of May, and as the range to prevent their suffering and poten- cently slaughtered at a foreign-owned proc- gorgeous as the sun in Midsummer.’’ I can tial starvation. It is ironic that the authority that essing facility, and an additional fifty-two bare- say it no better and encourage all of my col- was used to save nearly 2000 horses this past ly escaped the same fate, clearly dem- leagues to join me and support the Rahall- year is the very authority the sponsors of this onstrates that the current sale program is Whitfield amendment and help save the wild amendment are trying to repeal. flawed, despite BLM efforts to implement safe- horse. If this amendment prevails, the only method guards and pursue a measured approach in Mr. PORTER. Mr. Chairman, I rise today in to remove these horses will be adoption, administering the sale authority. opposition to the Rahall amendment. Although which historically has failed to keep up with Humane alternatives to slaughter obviously I appreciate the good intentions of this amend- the explosion of the population. Inadequacy of exist, and federal agencies already have the the adoption program has resulted in many of authority to carry out such humane actions as ment, I am deeply concerned about its poten- these horses being sentenced to spend the adoption, sterilization, relocation, and place- tial for unintended consequences. In restricting rest of their life in long term unsuitable for wild ment with qualified individuals and organiza- the ability of the Bureau of Land Management holding facilities. tions. Federal land managers may simply lack (BLM) to sell wild horses and burros under the Because of the overwhelming cost of these the resources they need to carry out these al- Wild Horse and Burro Act of 1971, we are facilities at the expense of the federal govern- ternatives, but the answers to such questions also restricting opportunities for responsible ment, the number of horses on the range is are currently unclear. I urge Chairman POMBO owners or groups to purchase horses that still well above the appropriate management of the House Committee on Resources to hold might have otherwise been sentenced to levels called for in law. furthermore, one-half hearings on this matter so that we can ascer- spend their lives in holding facilities or to of the entire wild horse and burro operating tain the status of the BLM’s management au- starve on our rangelands. I disagree with the budget is used to take care of ‘‘unadoptable’’ thorities and resources. I pledge to work with actions of individuals who purchased horses horses held in these facilities. This amend- him to find solutions to this issue. In the under the Act and then sold them to a slaugh- ment would only cause those costs to sky- meantime, because I believe that a one-year ter plant; however, I do not believe that we rocket at the expense of the adoption pro- moratorium on BLM’s sale authority for wild should prohibit responsible people from pur- gram. horses is needed to allow this debate, I offer chasing wild horses due to the actions of a Last year, Congress enacted a law that al- my support to the Rahall Amendment. few. lowed BLM to sell unadoptable horses that are Mr. MORAN of Virginia. Mr. Chairman, I am This morning, the BLM announced new reg- over 10 years old or have been offered unsuc- pleased to support the amendment to the De- ulations that will strictly prohibit individuals cessfully for adoption three times, until the ap- partment of the Interior appropriations bill who purchase wild horses from sending these propriate management level is reached. These being offered by Mr. RAHALL and Mr. animals to slaughter. The BLM has also en- proceeds are then used by BLM to help pro- WHITFIELD to help save a national treasure— tered into a partnership with Ford Motor Com- mote and finance their adoption program. the wild horse. The wild horse is known pany to help protect these wild horses for fu- Currently there are 8400 horses in these throughout the world as a symbol of the Amer- ture generations. I applaud the BLM for their long term facilities that need to be moved on ican west, and we should be doing everything proactive stance on this issue, and I am hope- through the program in order to prevent mal- we can to protect it. ful that their initiatives will be successful so nutrition and starvation that is associated with At the turn of the 20th century there were that other horses are sent to slaughter. the overpopulation of the range land herds. By more than one million horses roaming the vast denying the funds to implement the sale pro- lands of our west, however by 1971 that num- Mr. Chairman, I represent a district in Ne- gram for wild horses and burros, this irrespon- ber dropped to approximately 60,000 due to vada, a state that is home to more wild horses sible amendment would eliminate a far more the actions of their main predator—humans. than all other states combined. Although I

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00104 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3663 agree that wild horses are a symbol of the Mr. Chairman, the provision in the In an effort to cut down on the time American West, I also believe that it is the re- fiscal year 2006 appropriations bill that constraints, let me just briefly explain sponsibility of Congress to ensure that these is the subject of this amendment would the amendment. It prohibits the EPA animals are managed, protected, and con- allow the Fish and Wildlife Service to from using funds in this bill to work in trolled in an effective manner. It is a fact that sell public lands in the Lower Klamath contravention of Executive Order 12898 the current number of wild horses in the nation and Tule Lake Wildlife Refuges, and and delay the implementation of that greatly exceeds the ability of the BLM or the use the profits from the land sales to order. land to handle these animals. This explosive buy water rights. My amendment makes clear growth causes significant resource damage, None of the delegation, which, I Congress’s support for the executive as well as damage to the animals themselves. might add, is represented by four of us order and its original intention to The adoption authority granted under the Wild from the areas that represents this achieve health and environmental eq- Horse and Burro Act of 1971 has historically area, had approved this provision; and uity in minority and low-income com- failed to keep up with the growth of the wild the Department of the Interior failed munities. horse population. We must work to maintain to communicate their desire to imple- Mr. Chairman, to seek out environ- responsible and humane alternatives, such as ment this program to the relevant mental justice is an effort to achieve sale authority, in order to ensure that these Members of Congress. health and environmental equity animals are properly cared for. As Members of Congress whose con- across all community lines. In adopt- Our wild horses are already competing for stituents would be affected by a provi- ing my amendment, Congress will call scarce sources of food and water on range- sion such as this, we feel it is necessary on EPA to move forward with the iden- lands in arid states like Nevada, causing many to have time to review the proposal in tification of at-risk minority and low- of them to waste into skin and bones. I believe order to ensure that the proposed pro- income communities so appropriate that some of these horses should be allowed gram best suits the needs of the local steps can be taken to improve their to be sold to good homes, where they can re- communities in our districts. I might health and well-being. ceive proper nourishment and veterinary care, add that this event represents a trend Justice should never be reserved only as opposed to competing for little food and of continuous poor communication by for those who can afford to help them- water in the wild or being held in long-term the Department of the Interior and selves. I ask for my colleagues’ support holding pens. This is why I am developing leg- therefore we must ask that our amend- to ensure EPA takes the appropriate islation that would offer an incentive for re- ment be adopted. steps to protect minority and low-in- sponsible people who would like to adopt or Mr. Chairman, I reserve the balance come communities from continued en- purchase a horse under the Wild Horse and of my time. vironmental injustices. Burro Act. This incentive will be dependent on Mr. TAYLOR of North Carolina. Mr. Mr. Chairman, I reserve the balance a number of requirements, one of which will Chairman, I thank the gentleman for of my time. be that these animals cannot be sold to bringing this to our attention, and we Mr. TAYLOR of North Carolina. Mr. slaughter. I look forward to working with my have no objection to the gentleman’s Chairman, the amendment requires colleagues on this issue. amendment at this time. EPA to comply with the executive The Acting CHAIRMAN (Mr. FOLEY). The Acting CHAIRMAN. Does any order by the first President Bush deal- All time has expired. Member rise in opposition to the ing with environmental justice. We The question is on the amendment amendment? have no objection to the amendment. offered by the gentleman from West Hearing none, the question is on the Mr. HASTINGS of Florida. Mr. Chair- Virginia (Mr. RAHALL). amendment offered by the gentleman man, I include for the RECORD the find- The question was taken; and the Act- ings of the EPA Inspector General Re- ing Chairman announced that the noes from California (Mr. Doolittle). The amendment was agreed to. port and those in support of the amend- appeared to have it. ment. Mr. RAHALL. Mr. Chairman, I de- AMENDMENT OFFERED BY MR. HASTINGS OF FLORIDA EVALUATION REPORT: EPA NEEDS TO CON- mand a recorded vote, and pending SISTENTLY IMPLEMENT THE INTENT OF THE Mr. HASTINGS of Florida. Mr. Chair- that, I make the point of order that a EXECUTIVE ORDER ON ENVIRONMENTAL JUS- quorum is not present. man, I offer an amendment. TICE—REPORT NO. 2004–P–00007—MARCH 1, The Acting CHAIRMAN. Pursuant to The Acting CHAIRMAN. The Clerk 2004 clause 6 of rule XVIII, further pro- will designate the amendment. EXECUTIVE SUMMARY ceedings on the amendment offered by The text of the amendment is as fol- Purpose the gentleman from West Virginia (Mr. lows: In 1994, President Clinton issued Executive RAHALL) will be postponed. Amendment offered by Mr. HASTINGS of Order 12898, ‘‘Federal Action to Address En- The point of no quorum is considered Florida: vironmental Justice in Minority Populations withdrawn. At the end of the bill (before the short and Low-income Populations,’’ to ensure title), insert the following: AMENDMENT OFFERED BY MR. DOOLITTLE such populations are not subjected to a dis- SEC. ll. None of the funds made available Mr. DOOLITTLE. Mr. Chairman, I proportionately high level of environmental in this Act may be used in contravention of risk. The overall objective of this evaluation offer an amendment. Executive Order 12898 (Federal Actions to Ad- was to determine how the U.S. Environ- The Acting CHAIRMAN. The Clerk dress Environmental Justice in Minority Popu- mental Protection Agency (EPA) is inte- will designate the amendment. lations and Low-Income Populations) or to grating environmental justice into its day- The text of the amendment is as fol- delay the implementation of that Order. to-day operations. Specifically, we sought to lows: The Acting CHAIRMAN. Pursuant to answer the following questions: Amendment offered by Mr. DOOLITTLE: the order of the House of today, the How has the Agency implemented Execu- At the end of the bill (before the short gentleman from Florida (Mr. HASTINGS) tive Order 12898 and integrated its concepts title), add the following new section: into EPA’s regional and program offices? and a Member opposed each will con- How are environmental justice areas de- SEC. 4ll. None of the funds made avail- trol 10 minutes. able in this Act for the Department of the fined at the regional levels and what is the Interior may be used to implement the first The Chair recognizes the gentleman impact? proviso under the heading ‘‘UNITED STATES from Florida (Mr. HASTINGS). Results in brief FISH AND WILDLIFE SERVICE-LAND ACQUISI- Mr. HASTINGS of Florida. Mr. Chair- EPA has not fully implemented Executive TION’’. man, I yield myself such time as I may Order 12898 nor consistently integrated envi- The Acting CHAIRMAN. Pursuant to consume. ronmental justice into its day-to-day oper- the order of the House of today, the (Mr. HASTINGS of Florida asked and ations. EPA has not identified minority and gentleman from California (Mr. DOO- was given permission to revise and ex- low-income, nor identified populations addressed in the Executive Order, and has nei- LITTLE) and a Member opposed each tend his remarks.) ther defined nor developed criteria for deter- will control 5 minutes. Mr. HASTINGS of Florida. Mr. Chair- man, I rise today to offer an amend- mining disproportionately impacted. More- The Chair recognizes the gentleman over, in 2001, the Agency restated its com- from California (Mr. DOOLITTLE). ment to H.R. 2361 that is of critical im- mitment to environmental justice in a man- Mr. DOOLITTLE. Mr. Chairman, I portance to the health and well-being ner that does not emphasize minority and yield myself such time as I may con- of minority and low-income commu- low-income populations, the intent of the sume. nities throughout the United States. Executive Order.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3664 CONGRESSIONAL RECORD — HOUSE May 19, 2005 Although the Agency has been actively income populations due to concerns that those Greene, Director, Center for Environmental volved in implementing Executive Order populations had been disproportionately im- Health (Oakland, CA); and David Christian, 12898 for 10 years, it has not developed a pacted by environmental risk. President, Serving Alabama’s Future Envi- clear vision or a comprehensive strategic A summary of the Agency’s response and ronment (Jacksonville, AL). plan, and has not established values, goals, our evaluation is included at the end of each Hilary Shelton, Director, Washington Bu- expectations, and performance measure- chapter. The Agency’s complete response and reau, NAACP; Martina Cartwright, Director, ments. We did note that the Agency made an our evaluation of that response are included Environmental Law & Justice Center, Texas attempt to issue an environmental justice in Appendices D and E, respectively. Southern University (Houston, TX); Peggy toolkit; endorsed environmental justice Shepherd, Executive Director, West Harlem training; and required that all regional and MAY 19, 2005. Environmental Action (New York City, NY); programmatic offices submit ‘‘Action Plans’’ Re support the Hastings Environmental Jus- Henry Clark, Director, West County Toxics to develop some accountability for environ- tice Amendment Coalition (Richmond, CA); Tom Stephens, mental justice integration. DEAR REPRESENTATIVE: On behalf of our or- Director, National Lawyers Guild, Sugar In the absence of environmental justice ganizations, members, and supporters na- Law Center (Detroit, MI); Luke Cole, Direc- definitions, criteria, or standards from the tionwide, we write to express our support for tor, Center for Race, Poverty and the Envi- Agency, many regional and program offices Representative Alcee Hastings’ (D–FL) environment (San Francisco, CA); Rufus Kinney, have taken steps, individually, to implement ronmental justice amendment that will be President, Families Concerned About Nerve environmental justice policies. This has re- offered to the Interior-EPA Appropriations Gas Incineration (Anniston, AL); and Rev- sulted in inconsistent approaches by the re- bill. erend N.Q. Reynolds, President, Calhoun gional offices. Thus, the implementation of The Hastings amendment will ensure that County Chapter of the Southern Christian environmental justice actions is dependent funds spent at the U.S. EPA cannot be spent Leadership Conference (Anniston, AL). not only on minority and income status but in any way that conflicts with the 1994 Exec- Robert O. Muller, President, Vietnam Vet- on the EPA region in which the person re- utive Order ‘‘Federal Actions to Address En- erans of America Foundation; Evelyn Yates, sides. Our comparison of how environmental vironmental Justice in Minority Populations President, Pine Bluff for Safe Disposal (Pine justice protocols used by three different re- and Low-Income Populations.’’ EO 12898 di- Bluff, AR); John Nunn, President, Coalition gions would apply to the same city showed a rects each federal agency to develop an envi- for Safe Disposal (Worton, MD); Karyn wide disparity in protected populations. ronmental justice strategy ‘‘that identifies Jones, President, GASP (Hermiston, OR); J. We believe the Agency is bound by the re- and addresses disproportionately high and Daryl Byler, Director, Mennonite Central quirements of Executive Order 12898 and does adverse human health or environmental ef- Committee Washington Office; Vernice Mil- not have the authority to reinterpret the fects of its programs, policies, or activities ler-Travis, Miller-Travis & Associates, order. The Acting Deputy Administrator on minority populations and low-income (Washington, DC); Donele Wilkins, Executive needs to reaffirm that the Executive Order populations’’ with the goal of achieving eq- Director, Detroiters Working for Environ- 12898 applies specifically to minority and uity in federally-funded programs for those mental Justice; and Monique Harden, Co-Di- low-income populations that are dispropor- communities. rector, Nathalie Walker, Co-Director, Advo- tionately impacted. After 10 years, there is The Hastings amendment is needed to get cates for Environmental Human Rights (New an urgent need for the Agency to standardize EPA to take the next steps that are needed Orleans, LA). environmental justice definitions, goals, and to achieve the promise of fairness and equal Jeanette Champion, President, Citizens for measurements for the consistent implemen- treatment for minority and low-income com- Environmental Justice (Anniston, AL); Sara tation and integration of environmental jus- munities in federal environmental programs. Morgan, President, Citizens Against Inciner- tice at EPA. Studies conducted by both government and ation at Newport (Newport, IN); Jason Recommendations non-government panels, including the Na- Groenwald, Director, Families Against Incin- We recommended that the Acting Deputy tional Academy of Sciences and the United erator Risk (Salt Lake City, UT); Peter Administrator issue a memorandum re- Church of Christ have found that minority Hille, President, Kentucky Environmental affirming that Executive Order 12898 is an and low-income communities experience Foundation (Berea, KY); Douglas Agency priority and that minority and low- greater and more frequent exposures to Meiklejohn, Executive Director, New Mexico income populations disproportionately im- unhealthy levels of environmental pollut- Environmental Law Center (Santa Fe, NM); pacted will be the beneficiaries of this Exec- ants than other communities. Rev. Anthony Evans, Director, National This problem was first addressed at EPA in utive Order. Additionally, EPA should estab- Black Church Initiative; and National Black 1992 when President George H.W. Bush cre- lish specific time frames for the development Environmental Justice Network. ated the Office of Environmental Equity at of definitions, goals, and measurements. Fur- Mr. HASTINGS of Florida. Mr. Chair- EPA (now the Office of Environmental Jus- thermore, we recommended that EPA de- tice); it was addressed a second time by man, I yield back the balance of my velop and articulate a clear vision on the President Clinton, when he issued the Execu- time. Agency’s approach to environmental justice. tive Order in 1994. Yet the EPA has so far The Acting CHAIRMAN. The ques- We also recommended that EPA develop a failed to adopt needed measures to meaning- tion is on the amendment offered by comprehensive strategic plan, ensure appro- fully address and correct this unequal treat- priate training is provided, clearly define the the gentleman from Florida (Mr. ment under environmental laws. The agen- mission of the Office of Environmental Jus- HASTINGS). cy’s failure to move forward on the impor- tice, determine if adequate resources are The amendment was agreed to. tant issue of environmental justice has been being applied to environmental justice, and AMENDMENT NO. 11 OFFERED BY MR. HEFLEY documented recently by the U.S. Commis- develop a systematic approach to gathering sion on Civil Rights, and the EPA’s Office of Mr. HEFLEY. Mr. Chairman, I offer information related to environmental jus- the Inspector General. an amendment. tice. The Hastings amendment does not place The Acting CHAIRMAN. The Clerk Agency comments and OIG evaluation new requirements on the EPA, but rather will designate the amendment. In the response to our draft report, the provides direction for the agency to fulfill The text of the amendment is as fol- Agency disagreed with the central premise its longstanding obligation to ensure that lows: that Executive Order 12898 requires the minority and low-income populations are not Amendment No. 11 offered by Mr. HEFLEY: Agency to identify and address the environ- exposed to dangerous and disproportionately At the end of the bill (before the short mental effects of its programs on minority high levels of air pollution, water contami- title), insert the following: and low-income populations. The Agency be- nation, toxic hazards, or other environ- SEC. ll. Total appropriations made in lieves the Executive Order ‘‘instructs the mental and health threats in their commu- this Act (other than appropriations required Agency to identify and address the dis- nities. to be made by a provision of law) are hereby proportionately high and adverse human We urge you to cast your vote in support of reduced by $261,591,250. health or environmental, effects of it (sic) the Hastings environmental justice amend- programs, policies, and activities.’’ The ment. The Acting CHAIRMAN. Pursuant to Agency does not take into account the inclu- Sincerely, the order of the House of today, the sion of the minority and low-income popu- Roger Rivera, President, National Hispanic gentleman from Colorado (Mr. HEFLEY) lations, and indicated it is attempting to Environmental Council; Robert D. Bullard, and the gentleman from North Caro- provide environmental justice for everyone. Director, Environmental Justice Resource lina (Mr. TAYLOR) each will control 5 While providing adequate environmental jus- Center, Clark Atlanta University (Atlanta, minutes. tice to the entire population is commend- GA); Ansje Miller, Director, Environmental The Chair recognizes the gentleman able, doing so had already been EPA’s mis- Justice & Climate Change Initiative (Oak- sion prior to implementation of the Execu- land, CA); Beverly Wright, Director, Deep from Colorado (Mr. HEFLEY). tive Order; we do not believe the intent of South Center for Environmental Justice, Mr. HEFLEY. Mr. Chairman, I yield the Executive Order was simply to reiterate Dillard University (New Orleans, LA); Craig myself such time as I may consume. that mission. We believe the Executive Order Williams, Director, Chemical Weapons Work- Mr. Chairman, the amendment is was specifically issued to provide environ- ing Group (Berea, KY); Martin Hayden, Leg- identical to those I have offered to ap- mental justice to minority and/or low-in- islative Director, Earthjustice; Michael propriations bills for the past couple of

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3665 years. The amendment trims outlays Mr. TAYLOR of North Carolina. Mr. (Mr. STUPAK asked and was given for H.R. 2361 by 1 percent under the Chairman, I yield myself such time as permission to revise and extend his re- Holman Rule, which means if the I may consume. marks.) amendment passes, it will be up to the Mr. Chairman, I rise in opposition to Mr. STUPAK. Mr. Chairman, our administration to determine where the the gentleman’s amendment. The gen- amendment would stop the EPA from cuts will fall. tleman makes good points, and if he moving forward with a dangerous pro- I want to thank the gentleman from and I were the only two Members of posal that would allow more partially North Carolina (Mr. TAYLOR), the gen- Congress, we could probably sit down treated sewage into our waterways. tleman from Washington (Mr. DICKS), and come up with a tighter bill. There This morning the EPA issued a state- the ranking member. As always, they are 435 Members in the House, and we ment saying it will not finalize its cur- have done a solid job of this. I under- have 100 over in the Senate. We have rent proposal. The EPA has been mull- stand the dynamics of bringing a bill tried to put together a balanced bill. ing over this policy change for nearly 2 out of committee. They have done a Because of that, we have cut many years. good job. They are below what would things and had a very difficult time in I am pleased to see that the EPA has have been expected, but we are still not doing it. I would have to strongly ob- now recognized that this policy pro- at a balanced budget; and so I offer this ject to the gentleman’s amendment. posal is bad for our health, bad for our amendment. Mr. Chairman, I reserve the balance environment, and bad for business. In fact, just the other day a Demo- of my time. Now Congress needs to seal the deal by cratic colleague mentioned this bill Mr. DICKS. Mr. Chairman, I move to passing our amendment to make sure and said the gentleman from North strike the last word. this misguided proposal is gone for Carolina (Mr. TAYLOR) is ‘‘as tight as a Mr. Chairman, we have fought over good. snare drum,’’ and I take that as an ex- the last few years to reinsert funding Let me clarify something that has treme compliment. That said, I do not for the Park Service to take care of been misunderstood. Our amendment think the funding levels of this bill are their uncontrollable costs, and we had will not cost a thing. It will not change reflective of a country with a $340 bil- a hard time doing that. We find out a thing. It leaves things just the way lion deficit. that 1 percent, when it is added up, is they are right now. The amendment would trim a penny $261 million. That is a very significant Currently, clean water rules say dur- on the dollar across the agencies fund- hit on these accounts in this important ing major wet weather events, sewage ed by this bill. Despite the stripped- agency. treatment plants are allowed to com- down character of the bill, I think I would urge that Members support bine the filtered but untreated human there are still some areas worthy of ex- the chairman and we vote this amend- sewage with fully treated waste water amination. ment down. before discharge, in a process known as For example, the Kennedy Center for Mr. TAYLOR of North Carolina. Mr. ‘‘blending,’’ when no other feasible al- Performing Arts. Some years ago as a Chairman, I yield back the balance of ternative exists. member of the House Interior Com- my time. The EPA’s 2003 proposal would weak- mittee, I heard testimony on de- Mr. HEFLEY. Mr. Chairman, I yield en current environmental standards by accessioning the Kennedy Center from back the balance of my time. allowing facilities to discharge largely The Acting CHAIRMAN. The ques- the National Park Service. James untreated sewage virtually anytime it tion is on the amendment offered by Wolfensohn, its director and later head rains. Our amendment simply stops the the gentleman from Colorado (Mr. of the World Bank, pleaded with the EPA from weakening existing environ- HEFLEY). mental standards and requires that subcommittee to cut the center loose. The question was taken; and the Act- sewage be effectively treated to remove He said the center needed millions of ing Chairman announced that the noes the viruses, parasites, and bacteria dollars in structural repairs, yet he appeared to have it. could not move forward on them be- Mr. HEFLEY. Mr. Chairman, I de- that make people sick. cause of the Park Service contracting mand a recorded vote. I know many of my colleagues are requirements and inflated costs. ‘‘Let The Acting CHAIRMAN. Pursuant to hearing that this amendment will pose us raise our own funds and we will be clause 6 of rule XVIII, further pro- astronomical costs on local commu- able to do this much more efficiently,’’ ceedings on the amendment offered by nities. That is simply not true. This he said. And so we did. the gentleman from Colorado (Mr. amendment will not cost communities We got rid of the Kennedy Center, ex- HEFLEY) will be postponed. a dime. Our amendment would maintain the current policy. It would not cept that we did not really. The only AMENDMENT NO. 5 OFFERED BY MR. STUPAK National Park Service cut loose in the Mr. STUPAK. Mr. Chairman, I offer prevent utilities from blending under past 20 years, supposedly, and yet in an amendment. any of the current allowable legal cir- this bill it includes $17.8 million for op- The Acting CHAIRMAN. The Clerk cumstances. It would merely support eration and maintenance at the Ken- will designate the amendment. current safeguards which do not allow nedy Center and $10 million for con- The text of the amendment is as fol- blending when full treatment is fea- struction. lows: sible. Let me repeat that. Our amend- Now, I know the Kennedy Center has Amendment No. 5 offered by Mr. STUPAK: ment will not ban blending. serious structural problems, but given At the end of the bill (before the short We have a clear policy choice. Should the legislative history of this issue, I title), insert the following: we provide effective treatment for sew- would like to know how long we are SEC. ll. None of the funds made available age, remove pollutants that poison going to continue to have this center in this Act may be used to finalize, issue, im- drinking water sources, close beaches, that we have to fund. That is just one plement, or enforce the proposed policy of contaminate shellfish, make people the Environmental Protection Agency enti- example. tled ‘‘National Pollutant Discharge Elimi- sick, and rob the water of oxygen the I question whether the various agen- nation System (NPDES) Permit Require- fish need to breathe? Or should we cies really need all of the new vehicles ments for Municipal Wastewater Treatment allow routine discharges of inad- authorized in this bill. I estimate at During Wet Weather Conditions’’, dated No- equately treated sewage virtually least $5 million for those. I question vember 3, 2003 (68 Fed. Reg. 63042). every time it rains? To ask the ques- some of the administrative accounts. The Acting CHAIRMAN. Pursuant to tion is to answer it. The choice is clear The chairman has done a fine job in the order of the House of today, the just as it has been under the Clean reining in costs, particularly in the gentleman from Michigan (Mr. STUPAK) Water Act for the past 30 years. area of land acquisition; but at a time and the gentleman from North Caro- Congress needs to send a strong, of a $300-plus million deficit, we need lina (Mr. TAYLOR) each will control 10 clear message on behalf of our con- to do more. This amendment would do minutes. stituents. We do not want human waste that. Even in a small way, I encourage The Chair recognizes the gentleman in the water we drink and swim in. As support of this amendment. from Michigan (Mr. STUPAK). a step in the right direction, vote Mr. Chairman, I reserve the balance Mr. STUPAK. Mr. Chairman, I yield ‘‘yes’’ on the bipartisan Stupak/Shaw/ of my time. myself such time as I may consume. Pallone/Miller amendment.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3666 CONGRESSIONAL RECORD — HOUSE May 19, 2005 GROUPS WEIGHING IN AGAINST EPA’S SEWAGE going discussion and debate, including We held a hearing on this. Let me PROPOSAL being the focus of a recent hearing be- just tell you a few quotes from some of American Littoral Society; American Pub- fore the House Subcommittee on Water the experts. lic Health Association; American Shore and Resources and Environment. One person from the Ohio River Val- Beach Preservation Assoc.; American Rivers; ‘‘Based on our review of all of the in- ley Water Sanitation Commission said, Children’s Environmental Health Network; formation received, we have no inten- ‘‘In the case of the Ohio River, without Citizens Campaign for the Environment; Clean Ocean Action; Clean Water Action; tion of finalizing the blending policy as our blending policy more untreated Coast Alliance; East Coast Shellfish Growers proposed in November 2003. We con- overflows would occur and the water Association; Earthjustice; US Conference of tinue to review policy and regulatory quality impacts of wet weather would Catholic Bishops; Environmental Integrity options to manage this issue.’’ be more damaging.’’ Project; and Coalition on the Environment I think this letter is self-explanatory. The head of an agency in California and Jewish Life. Mr. Chairman, I yield such time as he said, ‘‘With blending, our member com- Lake Michigan Federation; League of Con- may consume to the gentleman from munities can provide the maximum servation Voters; National Fisheries Man- Tennessee (Mr. DUNCAN), the distin- clean water treatment possible to un- agement Institute; Natural Resources De- guished chairman of the Subcommittee fense Council; New York Rivers United; Pa- predictable, exceptionally heavy rains cific Shellfish Growers Association; Physi- on Water Resources and Environment. and snowmelt, while still meeting per- cians for Social Responsibility; Riverkeeper, Mr. DUNCAN. I thank the gentleman mit limits which are set to protect Inc.; Sierra Club; Surfers’ Environmental Al- for yielding me this time. public health and the environment.’’ liance; Surfrider Foundation; The Ocean Mr. Chairman, the author of this A water executive from Little Rock, Conservancy; US PIRG; and US Conference amendment, the gentleman from Arkansas, said, ‘‘Blending protects on Catholic Bishops. Michigan (Mr. STUPAK), is a good man public utility infrastructure by pre- Mr. Chairman, I thank the gentleman for and a good friend of mine and I think venting washout of sensitive biological raising this concern and want to clarify this he is well intentioned, but I think my systems and protects public health and issue for him. colleagues should know that this private property.’’ The short answer is ‘‘no.’’ amendment is opposed by the U.S. Con- Another official said, ‘‘A prohibition My amendment would not change the exist- ference of Mayors, the National League of blending will result in the need for ing requirements for CSO communities, which of Cities, the National Association of extremely expensive facility upgrades are outlined in the 1994 CSO Policy and were Counties, the National Rural Water As- that will not result in any meaningful incorporated in the CWA in 2000. sociation, and 38 other national and improvement to water quality or pro- The CSO policy allows combined sewer State water organizations whose job it tection of the public health.’’ systems to bypass secondary treatment when is to protect the environment and pro- If we prohibit blending, it will cause it is not feasible to provide full treatment for vide communities with clean water. worse environmental trouble than if we sewage. Let me tell you why these organiza- allow these experts and these utilities Bypassing is allowed under the CSO policy tions oppose this amendment. Commu- to proceed with it. There is a lot of as part of a long-term plan to minimize sewer nities all over the country have waste- misunderstanding on this issue. What overflows and maximize treatment. water treatment plants that are de- we should do is we should work with EPA’s proposed sewage dumping policy is signed and permitted to allow blending the gentleman from Michigan because inconsistent with the 1994 CSO policy be- during extreme wet weather events. what he wants to accomplish and what cause it would allow bypassing full treatment That is only a very small percentage of we want to accomplish is really the even when it is feasible. the time, usually maybe 2 or 3 percent. same thing. We need to have more The proposed policy would undercut those These plant designs allow commu- work on this before we leap into this communities investing in long-term solutions nities to prevent sewer overflows and very complicated situation. that are protective of public health, the envi- meet all Clean Water Act standards in Mr. STUPAK. Mr. Chairman, I yield 1 ronment, and downstream economies. a cost-effective way. If blending is pro- minute to the gentleman from Florida The proposed policy would also allow sepa- hibited, then cities like Atlanta, De- (Mr. SHAW), one of the cosponsors of rate sanitary sewer systems to bypass sec- troit, Cincinnati, Tacoma, Portland, this amendment. ondary treatment and discharge largely un- Oregon, Boston and many, many others Mr. SHAW. I thank the gentleman treated sewage even if full treatment would be would have to spend billions of dollars for yielding me this time. feasible, as it should be under normal oper- to change their wastewater treatment Mr. Chairman, I am very pleased to ating conditions for most well operated and plant designs, all to deal with extreme offer this amendment along with my maintained separate sanitary systems. wet weather events that occur only colleagues because the EPA’s proposed Given the heavy load of viruses, parasites, once or twice a year. Some individual guidance would hurt water treatment bacteria, toxic chemicals, and other contami- cities could have to spend as much as practices already in place in my home nants in sewage, it is critical that sewage $100 million on this or perhaps even State of Florida. treatment plants strive to achieve full treat- more. Governor Jeb Bush and the Florida ment, not just discharge poorly treated sew- Blending has been mischaracterized Department of Environmental Protec- age because it is cheaper to do so. as the discharge of raw sewage. This is tion support this amendment. I am not I also incorporated Mr. MEEHAN’s statement not true. Here are the facts. During here to impose any added costs to relating blending policy to this statement. normal dry weather operation of a typ- treatment plants. There is a rumor, as Mr. STUPAK. Mr. Chairman, I re- ical wastewater treatment plant, the has just been expressed by my friend serve the balance of my time. wastewater receives three stages of from Tennessee, that our amendment treatment: solids removal, biological would cost upwards of $200 billion in b 1830 treatment, and disinfection. During ex- added costs to cities. This is just plain Mr. TAYLOR of North Carolina. Mr. treme wet weather events, wastewater wrong. Our amendment does not im- Chairman, I yield myself such time as flows can exceed the capacity of the bi- pose any new regulations. It simply al- I may consume. ological treatment unit. In those cases lows cities and States to maintain First I all I would like to read a let- a plant then treats it twice. This blend- their current level of water treatment ter from the Assistant Administrator ing does not mean the discharge of raw practices. Florida has a higher level of of the Environmental Protection Agen- sewage into any river or waterway. treatment and should not be forced to cy: These flows are recombined and blend- step back. ‘‘Dear Chairman Taylor: ed with wastewater chemical treat- I urge my colleagues to vote ‘‘yes’’ ‘‘This is regarding the November 2003 ments and so forth and disinfection so on the Stupak-Shaw-Pallone-Miller Draft Blending Policy which addresses that it meets all Clean Water Act amendment. A ‘‘yes’’ vote is a vote for the management of peak wet weather water quality and technology-based safe, clean water. flows at municipal wastewater treat- treatment standards. Mr. STUPAK. Mr. Chairman, I yield ment facilities. The draft policy re- This practice is not a bypass around 11⁄2 minutes to the gentleman from New ceived extensive public comment and treatment because it is part of the Jersey (Mr. PALLONE), also a cosponsor has been the subject of considerable on- plant’s permitted treatment design. of our amendment.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3667 Mr. PALLONE. Mr. Chairman, I am Mr. Chairman, obviously we are here which will authorize funding levels in the Clean also pleased to be a cosponsor of this tonight to talk about just a common- Water State Revolving Fund which better re- amendment. sense issue in regards to this blending flect the considerable depth of our Nation’s Let me be very clear. This amend- issue. I, in fact, have been involved in wastewater infrastructure needs. ment would not ban all blending. In the construction of and the manage- I urge strong support for this amendment fact, it would have no effect on any ment of wastewater treatment plants. because we must invest in effective sewage currently permitted uses of blending. Blending is used obviously in very high treatment to help ensure that our constituents The Clean Water Act already says you water times and I think that that is an are protected from health hazards. Effective can blend but only during a serious issue that we have heard raised to- sewage treatment will reduce the risk of water- rain event. The EPA’s proposed policy night. We are not in any way trying to borne illness and protect public health. change, however, would let sewer oper- stop the issue of blending during the Again, I thank my colleagues Mr. STUPAK, ators bypass secondary treatment any- storm season, but the fact of the mat- Mr. SHAW, Mr. MILLER and Mr. PALLONE for of- time it rains. That is what really could ter is, in 2003 there were more than fering this important amendment and urge add a lot more sewage to our waters. 18,000 closings or advisories around the strong support from my colleagues. I have been fighting this proposal United States and that was 5,000 more I would also like to thank my colleagues Mr. every step of the way and the EPA has than ever at any time before. These TAYLOR and Mr. DICKS and their staff for their finally said they are not going to do it. closings were due to fecal coliform in- hard work with the difficult task of putting this However, we must make sure that they creases in bacterial levels outside of bill together. do not. I understand that the EPA is the norm. Mr. TAYLOR of North Carolina. Mr. now saying they are no longer going to The fact of the matter is it does not Chairman, I yield 1 minute to the gen- finalize this proposed policy change, take a medical degree to understand tlewoman from Florida (Ms. GINNY but they could change their mind to- that this is a health issue for our fami- BROWN-WAITE) who supports the morrow. lies and our children that are out there amendment. It should be a very easy vote for that are actually swimming sometimes Ms. GINNY BROWN-WAITE of Flor- Members. We are saying that this is a in this waste. In fact, we are looking at ida. Mr. Chairman, I thank the gen- bad idea. The EPA is now saying it is a the blending of untreated solid free tleman from North Carolina for agree- bad idea. We are just making sure that waste with treated sewage. The Clean ing to this amendment. the EPA actually does what it says it Water Act already allows for that Mr. Chairman, water is one of the will do, because, who knows, tomorrow blending to take place. most precious resources Floridians pos- they may change their mind. But I do As the gentleman from Michigan sess. Representing several of the not want anybody here to think that says, we are not trying to change the State’s largest water reserves, pro- all blending is going to be banned. You last resort issue. What we are trying to tecting the quality and availability of can still do it during a serious rain do is to set up an issue where we can- our water has always been a top pri- event, but you should not be allowed to not have these wastewater treatment ority. do it anytime you want because that is plants continue to dump more less Unfortunately, the EPA is proposing treated or smaller treated wastewater going to increase tremendously the this dumping rule that would damage into our waterways. volume of material that does not have the integrity of America’s water. The Mr. STUPAK. Mr. Chairman, I yield 1 proposed rule which they now have said secondary treatment. And you will not minute to the distinguished gentle- have secondary treatment if you allow that they are not going to implement woman from New York (Mrs. KELLY). was not a very well thought out one. this policy to go ahead. It will be able Mrs. KELLY. Mr. Chairman, I rise in The blended wastewater concept would to make an exemption anytime you strong support of this amendment of- then be discharged into our waterways. please, and that is the problem. Our fered by my colleagues which will pre- The consequences of this strategy waters will get dirty. It will affect our vent the EPA from finalizing a policy could be very dire. Certainly in a State tourism, our shellfish in coastal States that may increase the risks of water- like Florida where we have more than around the country. Do not allow it to borne illness and harm our Nation’s our share of heavy rains during rainy happen. waterways. Thirty-three years after Mr. TAYLOR of North Carolina. Mr. the passage of the Clean Water Act, the season, and you can be darn sure we are Chairman, I yield myself such time as EPA should not be implementing poli- going to have a lot of hurricanes again, I may consume. cies which will allow more sewage into it would be virtually playing Russian Does the gentleman intend his our waterways. Such a policy could re- roulette every time that citizens would amendment to have any impact on the sult in water systems with more patho- be drinking tap water. policies of the EPA regions and States gens, viruses, bacteria and parasites I cannot in good conscience allow the that allow blending today and have that make people sick, contaminate rule to go forward and have that com- issued permits allowing blending? our drinking water supplies, harm fish municated to the EPA. I am very de- Mr. STUPAK. Mr. Chairman, will the and other aquatic life. lighted that today a letter did come gentleman yield? I believe this is a misguided policy. from them that they are not going for- Mr. TAYLOR of North Carolina. I The use of secondary biological treat- ward with this. But keeping it in the yield to the gentleman from Michigan. ment to remove bacteria and pathogens legislation is very wise policy. Mr. STUPAK. Mr. Chairman, I thank from sewage has been in place for dec- Mr. STUPAK. Mr. Chairman, I yield 1 the gentleman for his question, but our ades in order to protect the public from minute to the gentleman from Penn- amendment does not intend to have waterborne illnesses, and I believe we sylvania (Mr. FITZPATRICK) who has any impact on any of the existing poli- must preserve these longstanding been helping us on this amendment. cies of EPA regions and States that standards. Blending waste streams at Mr. FITZPATRICK of Pennsylvania. allow blending or on any Clean Water times other than natural emergencies Mr. Chairman, I rise tonight in strong Act permit that allows blending. We will result in an unnecessary discharge support of the Stupak amendment to are saying maintain the status quo. of harmful contaminants into our wa- the Interior appropriations bill. This Mr. TAYLOR of North Carolina. Mr. ters. We have a responsibility to fully amendment will stop the EPA’s ill-ad- Chairman, reclaiming my time, we treat all wastewater, and the EPA’s vised proposal to allow treatment would accept the gentleman’s amend- proposal to bypass the crucial second plants to dump untreated sewage into ment under that representation. treatment step and allow more bac- our Nation’s waterways. Mr. Chairman, I reserve the balance teria into our local water sources is Mr. Chairman, the EPA’s proposed of my time. just plain wrong. change is just plain a bad idea. In fact, Mr. STUPAK. Mr. Chairman, I yield We should be focused more on strength- just this morning as we have heard, the 11⁄2 minutes to the gentleman from ening the federal commitment to water infra- EPA recognized just how bad an idea it Florida (Mr. MILLER), also a coauthor structure, which we all know has been stag- was and announced that it was recon- of this amendment. nant for many years now. sidering its proposal. It is a bad idea to Mr. MILLER of Florida. I thank my I plan soon on reintroducing my bill, the permit our water to contain bacteria, good friend for yielding time. Clean Water Infrastructure Financing Act, viruses, parasites and intestinal worms

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3668 CONGRESSIONAL RECORD — HOUSE May 19, 2005 capable of causing cholera, hepatitis, on with the bill toward conference. But into rivers like the Merrimack, and bays such gastroenteritis and dysentery. The that is my understanding. as Casco bay in Maine. EPA steps backward when it advocates Mr. STUPAK. Mr. Chairman, if the The challenge to control cso’s has been for polluters to discharge halfway- gentleman will continue to yield, with both of technical and financial feasibility. treated sewage into our Nation’s wa- the understanding, and it is certainly Some treatment plants use a blending by- ters. Notwithstanding today’s EPA de- our understanding, that all EPA re- pass during periods of heavy weather so that cision to reconsider its proposed policy gions and all permits that are written cso’s receive some treatment rather than none change, it remains necessary to pass must comply with the Clean Water Act at all. this amendment. rules and safeguards, and that is the In economically-distressed communities I urge my colleagues to vote in favor only thing we are trying to do here. We such as Lawrence, Haverhill, and Lowell that of the amendment and ensure that the are not trying to change anything. So have combined sewer systems, it is not cur- EPA does not change its mind again with the assurances from the chairman rently possible to provide full treatment for all and attempt to impose an imprudent that he will make sure that that is sewage during wet weather. sewage blending policy on America at what we are going to do and we have I seek assurance from the gentleman from some point in the future. some time to clarify this even further, Michigan that his amendment would not pro- Mr. STUPAK. Mr. Chairman, I yield we will not ask for a recorded vote. We hibit cso communities from blending if it is au- the balance of my time to the gen- accept his courtesy that he will accept thorized by their permits in accordance with tleman from Illinois (Mr. KIRK) who our amendment and make it a part of the Clean Water Act. has been very helpful on this amend- the bill, and we look forward to work- Mr. DAVIS of Illinois. Mr. Chairman, I rise in ment. ing with him on this and other related strong support for the Stupak/Shaw anti-sew- Mr. KIRK. Mr. Chairman, I thank the matters. age dumping amendment. Each year, 850 bil- gentleman for yielding time. I want to I want to thank the gentleman from lion gallons of contaminated sewage poisons really applaud the gentleman from Tennessee (Mr. DUNCAN) also for his lakes, rivers, and oceans each year. Dis- Michigan for putting together a truly work in this area, along with the gen- charging inadequately treated sewage into our bipartisan amendment that not only tleman from Washington (Mr. DICKS) waterways harms the environment, our con- put together a broad coalition of Mem- and the Members on our side. stituents’ health, and even our economic bers in this House, including the chair- Mr. TAYLOR of North Carolina. Mr. growth. By permitting ‘‘blending’’ during stand- man of the subcommittee, who has ac- Chairman, reclaiming my time, I ap- ard weather systems, we are providing our cepted the amendment, to stop this preciate the gentleman’s activity. We citizens with a false sense of security that we blending regulation. will work with him. are furnishing them with safe conditions. Mr. Chairman, I yield back the bal- When the secondary treatment of sewage b 1845 ance of my time. water is sidestepped, the citizens face expo- We all saw when Milwaukee dumped Mr. OBEY. Mr. Chairman, I move to sure to viruses, parasites, bacteria, and toxic over 4 billion gallons of sewage into strike the last word. chemicals that can cause Hepatitis A and Lake Michigan just last year and an in- Mr. Chairman, at this point I had in- Giardia. Further, this puts small children, the credible rise in the number of beach tended to offer an amendment to the elderly, and those already vulnerable by other closings along the Illinois shoreline: Stupak amendment because I am cer- illnesses with additional life threatening condi- Nine in Glencoe, 12 in Wilmette, 34 in tainly in support of the content. But tions. Not only is health at risk, but the econ- Winnetka, a rising tide of dirty water given the agreement that has been omy. Many industries work from lake and that would have been increased with reached between the two parties, there ocean commodities. Subsequently, blended this. is no need for me to offer that amend- sewage in the water would destroy much of But what this bipartisan amendment ment. their viable product. In my own district, in the has done is it has backed down the I would simply observe, however, heart of Chicago, routine blending will inhibit EPA. Thanks to his work and Members that I hope we do not kid ourselves. It my constituents’ use of the lakefront beaches, on both sides of this aisle, the EPA has is very good that this amendment is harm our water industries, and make the largely accepted what this amendment being adopted, but it again illustrates drinking water dangerous and even deadly. would have already laid out and have the need for, in fact, increasing, rather These devastating and misguided decisions stopped this regulation. It is going to than reducing, the amount of money will damage not only the current, and already listen to the Congress on environ- that we put into the Clean Water Re- failing situation, but also our long term solu- mental protection, and I really want to volving Fund, and I would hope that we tions. By allowing routine blending, it will only thank my subcommittee chairman for would remember this as the bill goes increase the concentration of the contaminant accepting this amendment. through the system because we can in our environment. Other solutions must be The Acting CHAIRMAN (Mr. FOLEY). avoid controversies such as this. We considered. For example, constructing addi- The time of the gentleman from Michi- can avoid putting EPA into a position tional facilities to hold sewage until it is fully gan (Mr. STUPAK) has expired. The gen- of even considering such an outlandish treated can transfer some of the overflow tleman from North Carolina (Mr. TAY- regulation if we are providing much problem. Therefore, I urge my fellow col- LOR) has 4 minutes remaining. more by way of financial help to the leagues to prohibit these policies from being Mr. TAYLOR of North Carolina. Mr. communities so that they will not be changed. With our continued efforts, we can Chairman, I yield myself such time as concerned about stiffening EPA regula- continue to provide a healthy and productive I may consume. tions to protect public health. environment for our citizens. Mr. STUPAK. Mr. Chairman, will the Mr. MEEHAN. Mr. Chairman, I move Ms. WOOLSEY. Mr. Chairman, how much gentleman yield? to strike the last word. farther are we going to have to roll back the Mr. TAYLOR of North Carolina. I Mr. MEEHAN. Mr. Chairman, I rise to ap- clock before we realize the harm that we are yield to the gentleman from Michigan. plaud my good friend, the gentleman from doing to our environment? Do we have to get Mr. STUPAK. Mr. Chairman, I thank Michigan, for his commitment to protecting to the point of rivers catching on fire again? the chairman for yielding to me. public health and the environment. The EPA, the agency that is supposed to be Can the chairman clarify that the in- Over the last century, the nation’s waste- protecting our environment, is attempting to tent of our amendment is to ensure water infrastructure has resulted in enormous turn back the clock by releasing a new policy that all EPA regions and all the per- strides in improving public health. that will increase waterborne diseases and mits that are written will comply with I represent the Merrimack Valley region of deaths. the current Clean Water Act rules and Massachusetts. This latest EPA policy to allow sewage safeguards? Is that his intent also? The Merrimack River was once among the treatment plants to routinely divert untreated Mr. TAYLOR of North Carolina. Mr. most polluted waterways in the nation. sewage into our rivers and oceans, where we Chairman, reclaiming my time, it is Moreover, the northeast is ridden with out- get our water and where we swim is not my understanding, but I would like to moded sewer infrastructure that is designed to something that appeals to me. talk with the gentleman. This is a new overflow into public waterways. Instead of turning back the clock and allow- area, a new part of the committee, and During heavy weather, these combined ing sewage to flow freely in our rivers, we I would like to work with him as we go sewer systems steer raw, untreated sewage must increase our investment in upgrading

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00110 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3669 wastewater treatment plants. Ironically, this bill crease in the use of blending is protective of regulations without outside auditing to de- actually decreases the amount of federal fund- human health and the environment. That is termine the authenticity of the scientific ing for upgrading wastewater treatment plants. why I believe that issuing a policy that could methods used to develop such regulations. It is time that we started moving forward increase the use of blending is wrong. Mr. TAYLOR of North Carolina. Mr. and not backward on protecting our rivers and Sewage blending is the practice of taking Chairman, I reserve a point of order our oceans. I urge all of my colleagues to join partially treated wastewater, mixing it with fully against the amendment. me in supporting this important amendment. treated wastewater, and then relying on the di- The Acting CHAIRMAN. Pursuant to Mr. PASCRELL. Mr. Chairman, our commu- lution to meet discharge limits. I do not believe the order of the House of today, the nities are on the front lines in their attempts to that sewage blending is what was intended gentleman from Kansas (Mr. TIAHRT) meet the requirements of the Clean Water Act. when the secondary treatment requirements and a Member opposed each will con- Hundreds of billions of dollars are needed to for publicly owned treatment works were put in trol 5 minutes. meet real and pressing needs, and the federal place by Congress in 1972. The Chair recognizes the gentleman government is not paying its fair share. Congress intended that all domestic sewage from Kansas (Mr. TIAHRT). As a former Mayor and lifelong resident of receive a minimum of secondary treatment, Mr. TIAHRT. Mr. Chairman, I yield Paterson, NJ, I can personally attest that our and greater levels of treatment where water myself such time as I may consume. cities are struggling to make ends meet. The quality demanded it. Since sewage blending is Last year our trade deficit surpassed money to make any wastewater upgrades a process that is used only during periods of $670 billion. Our Federal budget deficit must come from somewhere, and the Con- high flows, then the question presents itself as was more than $300 billion, and we saw gress needs to step up to plate. to whether blending complies with the sec- too many high-quality, good-paying The funding levels in this bill reflect almost ondary treatment requirements. Even the pro- jobs go overseas. It has become more a half billion dollars in cuts to the Clean Water ponents of blending acknowledge that blend- and more difficult to keep and create State Revolving Fund over the past two years. ing is used only in limited high flow cir- jobs and small businesses here in My state of New Jersey will have lost $20 mil- cumstances—at all other times the sewage America. And when we look around at lion alone. otherwise receives full secondary treatment what the world is doing, unless we EPA’s state and tribal assistance grant pro- The current, acknowledged limitations on change the environment here in Amer- gram is also slashed by almost half a billion the use of blending lead to the question—if ica we are going to become a third-rate dollars. blending constitutes secondary treatment, then economy. Enacting these cuts and ignoring these why is it not acceptable all the time, or if it Over the last generation, starting in needs undermines our ability to treat sewage, does not constitute secondary treatment, why the 1960s, Congress has created barriers particularly during wet weather events. is it allowed at all? to keeping and creating jobs. We must It is important that we have uniform clean Recently, the EPA Assistant Administrator remove those barriers. water regulations across our nation. I do be- for Water acknowledged, ‘‘the heart and soul Mr. Chairman, one of those barriers lieve that our communities need a thoughtful of the Clean Water Act, is that dilution is not created by Congress is bureaucratic red blending policy. the solution to pollution, that you need to treat tape. Others are rising health care However, the November 2003 policy the the sewage. Blending isn’t the solution. It’s a costs, education policy, research and EPA has proposed is not the right one at this short-term fix. [EPA] want[s] to make sure that development policy, energy policy, un- time. If the Stupak Amendment comes to a it only occurs in the very limited, narrow cir- enforceable trade policy, tax policy, vote, I will support it. cumstances and that it meets all requirements and lawsuit abuse. My amendment goes The EPA can do better, and the Congress in their Clean Water Act permit, and that water to the heart of the problem centered should demand better. quality standards downstream are also main- around the unnecessary bureaucratic But all sides need to be pragmatic. It is im- tained.’’ red tape. perative that common ground can be found to Mr. Chairman, increasing the use of blend- My amendment is designed to require develop a solution we can all live with. ing is not an acceptable long-term solution to an outside audit to determine that A limiting amendment which stops work on meeting secondary treatment requirements. I science is used to develop regulations the blending issue will not benefit our environ- support the amendment to bring the expanded at the EPA that are unbiased and well ment and it will not benefit the public health. use of blending policy to a halt. substantiated. At a minimum major It will certainly not benefit communities and POINT OF ORDER rules by the EPA should go through a public water utilities trying to do the best they Mr. TAYLOR of North Carolina. Mr. Science Advisory Board and rules can with the limited resources they have avail- Chairman, I raise a point of order. We should then be audited by a neutral able. have an agreement. I do not think we third party to ensure that our environ- I would like to thank my friend from Michi- can strike the last word when we have mental regulations are based on sci- gan for bringing this amendment to the House a time agreement. entific facts and not emotional theory. floor. He is truly a champion in our quest for Would the chairman rule on that and There are reporting rules promul- clean water and should be commended for his inform me? gated by the EPA that do nothing to work protecting the Great Lakes. The Acting CHAIRMAN. Under the protect the environment or the health I would also like to thank my Chairman of order of the House of earlier today, and well-being of the citizens but cost the Water Resources Subcommittee, Mr. DUN- only the chairman and ranking minor- American businesses hundreds of mil- CAN. He is also a champion for clean water, ity member of the Committee on Ap- lions of dollars and thousands of jobs. and a leader in our quest to provide assist- propriations and the Subcommittee on One example of an unnecessary bur- ance to local communities for their treatment Interior, Environment, and Related den to the American small businesses systems. Agencies may offer a pro forma amend- is the EPA’s toxic release inventory Mr. OBERSTAR. Mr. Chairman, I rise in ment to a pending amendment. lead rule. The rule requires that busi- support of the amendment. The question is on the amendment nesses report annually on how much The amendment offered by my colleague offered by the gentleman from Michi- lead is used. Not how much lead is from Michigan would prohibit the Environ- gan (Mr. STUPAK). emitted into the atmosphere, but how mental Protection Agency from spending any The amendment was agreed to. much lead the business uses. In June, 2002, a small business owner from Bal- of the funds provided by this bill to finalize any AMENDMENT NO. 8 OFFERED BY MR. TIAHRT timore, Maryland testified before the new policy related to sewage blending. Mr. TIAHRT. Mr. Chairman, I offer Regulatory Reform and Oversight Sub- Mr. Chairman, when EPA proposed to issue an amendment. a new policy document on sewage blending, I The Acting CHAIRMAN. The Clerk committee of the Committee on Small was concerned that it could cause an increase will designate the amendment. Business on how this particular EPA in the frequency of blending by those commu- The text of the amendment is as fol- reporting rule causes harm to her busi- nities that current use the practice, and an in- lows: ness. We can see how ridiculous and crease in the number of communities that use wasteful this EPA rule is to our econ- Amendment No. 8 offered by Mr. TIAHRT: the practice. That is why I thought the policy At the end of the bill (before the short omy without making our air any clean- was flawed. I do not believe that there cur- title), insert the following: er. Nancy Klinefelter is president of rently is enough information available to EPA SEC. lll. None of the funds made avail- Baltimore Glassware Decorators. Her and state permit writers to know that any in- able in this Act may be used to promulgate small business specializes in printing

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3670 CONGRESSIONAL RECORD — HOUSE May 19, 2005 small quantities of custom glass and (4) ‘‘United States Fish and Wildlife Serv- I do not believe that is the case. And it ceramic ware for special occasions. ice—Neotropical Migratory Bird Conserva- gives us the ability to go back and au- Some of Nancy’s work can even be tion’’. thorize those programs. found in the House gift shop and some (5) ‘‘United States Fish and Wildlife Serv- I believe this is something that is ex- is sold in the EPA’s gift shop. When ice—Multinational Species Conservation tremely important. The gentleman Fund’’. they print mugs or glasses for cus- (6) ‘‘National Park Service—Historic Pres- from North Carolina (Mr. TAYLOR) and tomers, they sometimes use lead-bear- ervation Fund’’. the gentleman from Washington (Mr. ing colors on the outside surface. These (7) ‘‘United States Geological Survey—Sur- DICKS) have worked with us on a num- colors are expensive, so they use a min- veys, Investigations, and Research’’. ber of different things that are in this imum amount of paint, just that which (8) ‘‘Bureau of Indian Affairs—Indian Land bill over the past year. But when it is needed to color the surfaces and they and Water Claim Settlements and Miscella- comes to some of these major programs try to reduce waste. And the finishing neous Payments to Indians’’. that we have not been able to get an process ensures that none of the lead (9) ‘‘Indian Health Service—Indian Health authorization on, I believe the time is leaches out. So their products are safe Services’’. now for us to move forward and begin for anyone who uses them. (10) ‘‘Indian Health Service—Indian Health to fence off those moneys until we can Facilities’’. But because of the EPA’s Toxics Re- (11) ‘‘Executive Office of the President— get an authorization done. lease Inventory lead rule, Nancy’s busi- Council on Environmental Quality and Office Mr. Chairman, I reserve the balance ness is forced to compile daily records of Environmental Quality’’. of my time. on how much color is used for the mugs Mr. DICKS. Mr. Chairman, I reserve a POINT OF ORDER because the color contains a very small point of order against the amendment. Mr. DICKS. Mr. Chairman, I raise a amount of lead. Each year her small The Acting CHAIRMAN. Pursuant to point of order against the amendment. business has to report to the EPA how the order of the House of today, the I do it with great respect for the chair- much lead has been used. It costs her man, but I just worry about what the gentleman from California (Mr. POMBO) about $7,000 annually and across the consequences of his amendment would and a Member opposed each will con- Nation about $70 million every year. be to this bill. trol 5 minutes. And what do the Americans get for the Therefore, Mr. Chairman, I raise a The Chair recognizes the gentleman millions that are spent? Cleaner air? point of order against the amendment from California (Mr. POMBO). because it proposes to change existing No. Less lead being used? No. Less ex- Mr. POMBO. Mr. Chairman, I yield posure to lead by children? No. The an- law and constitutes legislation in an myself such time as I may consume. appropriation bill and therefore vio- swer is none of these. But all the Amer- Appropriations without authoriza- ican people get from these thousands of lates clause 2 of rule XXI. tions or that exceed authorized levels reports are estimates on how much The rule states in pertinent part: violate House rule XXI, clause 2. This lead is being consumed, but our air is ‘‘An amendment to a general appro- amendment enforces this rule by not not any cleaner. priation bill shall not be in order if Mr. Chairman, with the hopes of allowing moneys to be spent for 10 changing existing law.’’ working during the conference com- specified programs within the Com- The Acting CHAIRMAN (Mr. mittee report, I intend to withdraw mittee on Resources’ sole jurisdiction HASTINGS of Washington). Does any this amendment because I know it is which are not authorized to be funded Member wish to be heard on the point subject to a point of order. I hope that in fiscal year 2006 until the Committee of order? we can work together with the gen- on Resources authorizes them. The Mr. POMBO. Mr. Chairman, I realize tleman from North Carolina (Chairman money remains in the bill but cannot that the gentleman is correct when he Taylor) in the conference report to try be obligated by the agencies until the talks about authorizing an appropria- to remove some of these unnecessary authorizing committee authorizes tions bill and the effect that my regulations. them to do so. amendment would have. But I would So, in conclusion, we must not move Because the Interior appropriations urge the Chair to rule the amendment forward with our government to imple- bill often combines both authorized in order because what I am trying to do ment regulatory burdens like this on and unauthorized programs in a single is strip out and put fencing around ap- the American public because it drives number, such as funding for survey ac- propriations for unauthorized pro- jobs overseas, it increases the trade tivities of the U.S. Geological Survey, grams. It seems kind of ironic that my deficit, it reduces the Federal revenue, the amendment assures that these pro- amendment that goes after unauthor- and it moves us toward a third-rate grams which are authorized by fiscal ized programs would be ruled out of economy. year 2006, their funding cannot con- order for the very reason that I have Mr. Chairman, I ask unanimous continue. been going after those programs. sent to withdraw the amendment. For those programs which are au- I urge the chairman to rule the The Acting CHAIRMAN. Is there ob- thorized but the amount appropriated amendment in order. jection to the request of the gentleman exceeds the authorized level, such as in The Acting CHAIRMAN. If no other from Kansas? the case for the Council on Environ- Member wishes to be heard, the Chair There was no objection. mental Quality, then the amendment is prepared to rule. The Chair finds that this amendment AMENDMENT NO. 9 OFFERED BY MR. POMBO restricts the funding to the authorized requires new duties. The amendment Mr. POMBO. Mr. Chairman, I offer an level. therefore constitutes legislation in vio- amendment. The purpose of this amendment is to lation of clause 2 of rule XXI. The Acting CHAIRMAN. The Clerk give us the ability to go back and au- will designate the amendment. The point of order is sustained, and thorize a number of these programs the amendment is not in order. The text of the amendment is as fol- that have not been authorized for years lows: and in some cases in excess of a dozen b 1900 Amendment No. 9 offered by Mr. POMBO: years. One of the major problems that AMENDMENT OFFERED BY MS. SOLIS At the end of the bill (before the short title) add the following new section: we have is the Committee on Appro- Ms. SOLIS. Mr. Chairman, I offer an priations gets in the position of having SEC. ll. The funds appropriated in this amendment. Act under the following headings are avail- to continue to appropriate money on The Acting CHAIRMAN (Mr. able only to the extent provided for in au- these unauthorized programs because HASTINGS of Washington). The Clerk thorizing legislation enacted before the date they are important programs. But in will designate the amendment. of the enactment of this Act or on or after this case what we are talking about is The text of the amendment is as fol- such date: $5.3 billion that is being appropriated. lows: (1) ‘‘Bureau of Land Management—Range So this is a fiscal issue. Amendment offered by Ms. SOLIS: Improvements’’. I believe that the taxpayer demands Add at the end of the bill (preceding the (2) ‘‘United States Fish and Wildlife Serv- that we do our job in authorizing these short title) the following: ice—Resource Management’’. SEC. 4ll. None of the funds made avail- (3) ‘‘United States Fish and Wildlife Serv- programs and make sure that the pub- able in this Act may be used by the Adminis- ice—Cooperative Endangered Species Con- lic is getting their money’s worth out trator of the Environmental Protection servation Fund’’. of these different programs. Currently, Agency—

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3671 (1) to accept, consider, or rely on third- Academy of Sciences and against the for the Children’s Health Environ- party intentional dosing human studies for wishes of its own Science Advisory mental Exposure Research Study. It’s a pesticides; or Board and Science Advisory panel. trifecta of unethical, immoral, and un- (2) to conduct intentional dosing human Not only are there no binding safe- scientific research. studies for pesticides. guards for EPA conducted studies, but It violates the post World War II The Acting CHAIRMAN. Pursuant to many of the outside studies which the ‘‘Nuremburg Code,’’ which outlawed the order of the House today, the gen- EPA accepts fail to meet minimum medical testing, including pesticide tlewoman from California (Ms. SOLIS) international standards established in testing on people. and a Member opposed each will con- the Nuremberg Code and in the Hel- It advances private rather than med- trol 5 minutes. sinki Declaration of the World Medical ical interests, putting industry ahead The Chair recognizes the gentle- Association. of public health. woman from California (Ms. SOLIS). This behavior is deplorable, uneth- And despite EPA’s own Science Advi- Ms. SOLIS. Mr. Chairman, I yield ical, and wrong. sory Board and Scientific Advisory myself such time as I may consume. Our amendment is critical because, Panels recommendening strict safe- This amendment would ensure that in the absence of binding standards at guards for human testing, EPA failed the Environmental Protection Agency EPA, the pesticides industry has in- to adopt them. could not use funds in this legislation creased its use of human testing stud- Mr. Chairman, we all want to under- to accept, consider, or rely on studies ies and putting more humans at risk stand how common chemicals like from outside parties that intentionally for what are frequently statistically in- those found under the kitchen sink can expose human beings to pesticides. It valid studies. hurt children, the elderly and the most would also ensure that the EPA could The trend of using humans—both vulnerable to poisoning. But the way not spend any funds conducting its own children and adults—as guinea pigs is a to collect that information should not studies which intentionally expose hu- trend that needs to stop. involve hurting the very people we mans to pesticides. The EPA needs to have binding safe- want to protect. According to EPA Administrator guards in place, and we need to have The government should not be asking Stephen Johnson back in 2001, EPA information about how a better under- families to turn their babies into lab ‘‘believes that we have a more than standing of how dangerous and toxic rats. We should be protecting children, sufficient database, through use of ani- these pesticides are for our children. not exposing them to pesticides. mal studies, to make licensing deci- Without these safeguards the EPA Although we passed this amendment sions that meet the standard, to pro- should not be conducting tests which by unanimous consent two years ago, tect the health of the public, without dangerously expose humans to pes- EPA resurrected the study when the using human studies.’’ ticides nor should it be developing pol- fiscal year expired in October. Mr. TAYLOR of North Carolina. Mr. icy based on third party studies which We need to pass the Solis-Bishop Chairman, will the gentlewoman yield? amendment to ensure EPA’s research Ms. SOLIS. I yield to the gentleman fail to meet even basic internationally is based on sound science with the from North Carolina. accepted standards. highest ethical standards. Mr. TAYLOR of North Carolina. Mr. My colleagues, the Solis-Bishop Our amendment is supported by a Chairman, if we withdraw any objec- amendment is supported by environ- broad coalition of environmental advo- tion to this amendment, is the gentle- mental and diverse religious organiza- cates, including the Alliance for woman envisioning a rollcall vote or tions and among more than 80,000 oth- Human Research Protection in my just a simple voice vote? ers who have written to me saying they Ms. SOLIS. Mr. Chairman, no rollcall oppose the CHEERS study and support home state of New York. I strongly encourage my colleagues vote. a moratorium on this type of testing. Mr. TAYLOR of North Carolina. Mr. I urge you to support our amendment to support this amendment, again Chairman, I withdraw any objection to and prevent the unregulated and un- thank the gentlewoman from Cali- this amendment. ethical testing of pesticides on hu- fornia for her excellent work. Ms. SOLIS. Mr. Chairman, I yield mans. Ms. SOLIS. Mr. Chairman, I yield myself such time as I may consume, Mr. Chairman, I yield 2 minutes to back the balance of my time. and I thank the gentleman from North the gentleman from New York (Mr. The Acting CHAIRMAN. The ques- Carolina. BISHOP), the cosponsor of this amend- tion is on the amendment offered by Mr. Chairman, I will submit the re- ment. the gentlewoman from California (Ms. mainder of my statement for the Mr. BISHOP of New York. Mr. Chair- SOLIS). The amendment was agreed to. RECORD, and I would ask that Members man, I want to thank the gentlewoman of the House approve this amendment. from California for her leadership on AMENDMENT NO. 3 OFFERED BY MR. GARRETT OF It is long overdue. I am very grateful this issue and for yielding me this NEW JERSEY to accept support from the other side time, and I want to thank the chair- Mr. GARRETT of New Jersey. Mr. of the aisle. man for accepting our amendment. Chairman, I offer an amendment. Despite this statement, the EPA can I have a statement that I will submit The Acting CHAIRMAN. The Clerk devise and conduct studies where hu- for the RECORD. will designate the amendment. mans—children and adults—are ex- Mr. Chairman, I thank the gentle- The text of the amendment is as fol- posed to pesticides. woman from California (Ms. SOLIS), for lows: Current practices also allow the EPA yielding and introducing this amend- Amendment No. 3 offered by Mr. GARRETT to accept studies from the pesticide in- ment, which I’m proud to cosponsor. of New Jersey: Mr. Chairman, how do you make a At the end of the bill (before the short dustry and other outside sources so title), insert the following: these studies can be used to help de- bad idea worse? If you’re EPA, offer SEC. ll. None of the funds made available velop regulations or approve pesticides. families $970 to videotape their chil- in this Act may be used to send or otherwise Right now, the United States Envi- dren reacting to bug sprays, carpet pay for the attendance of more than 50 Fed- ronmental Protection Agency—the cleaners, and other household pes- eral employees at any single conference oc- agency in charge of protecting public ticides. curring outside the United States. health from environmental toxins—is Then, invite the American Chemistry The Acting CHAIRMAN. Pursuant to encouraging industry to use human Council as a partner in this study, the order of the House today, the gen- beings as guinea pigs. knowing that in exchange for $2 mil- tleman from New Jersey (Mr. GARRETT) What may be the greatest offense lion paid toward the study, it wants and a Member opposed each will con- yet, is that the EPA is conducting and looser regulations for the pesticide in- trol 5 minutes. engaging in these studies with no bind- dustry, which in turn wants to use hu- The CHAIR recognizes the gentleman ing safeguards to make sure these tests mans instead of animals so it can jus- from New Jersey (Mr. GARRETT). protect public health. tify relaxed exposure limits. Mr. GARRETT of New Jersey. Mr. The EPA has chosen to go against EPA’s study is as poorly conceived as Chairman, I yield myself such time as the recommendation of the National its acronym: CHEERS—which stands I may consume.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3672 CONGRESSIONAL RECORD — HOUSE May 19, 2005 Mr. Chairman, the one question that The Chair recognizes the gentleman simply because of what the majority I get when I go back to my district is, from California (Mr. COSTA). leader said 2 weeks ago when he said, what is it that the Federal Government Mr. COSTA. Mr. Chairman, I yield ‘‘This is the budget the American peo- and Congress spend all their money on, myself such time as I may consume. ple voted for when they voted for a Re- and some of the things that we hear In 2004, approximately 263 million publican House, a Republican Senate, about sometimes is excess of spending Americans and people throughout the and a Republican White House.’’ I do in various areas. world visited our Nation’s 388 national not agree with Mr. DELAY on much, One of the things that raises the ire parks, memorials, and national monu- but I agree with him in that assess- of a lot of people is when they hear ments. This summer, we know, as we ment. about trips by Members of the execu- approach the Memorial Day weekend, So I would simply say, if Members tive branch and others going overseas that additional hundreds of millions of are comfortable with implementing for maybe notable and worthwhile Americans and other visitors from that kind of a budget that puts $140,000 causes, but in excess of the number of throughout the world will continue to tax cuts for millionaires ahead of pro- people that we really need to send visit our national parks. tecting American children from dirty there. We have heard examples in past Mr. Chairman, I think that when drinking water, then they ought to feel Congresses, and we have raised this American families and those from comfortable voting ‘‘yes.’’ I am not, amendment in past Congresses when throughout the world visit our wonder- and I will vote ‘‘no.’’ we heard about 100, 150, 200 members of ful treasures across the United States, SEQUENTIAL VOTES POSTPONED IN THE the executive branch going over for that it would be nice if the souvenirs COMMITTEE OF THE WHOLE various causes. that they take home with them were The Acting CHAIRMAN. Pursuant to We present an answer to this problem actually made in our country. I believe clause 6 of rule XVIII, proceedings will by saying that whenever an agency de- that it is patriotic that our souvenirs now resume on those amendments on cides to send someone overseas for a that we bring home from our national which further proceedings were post- trip, we should limit the number of treasures, in fact, be made by Amer- poned in the following order: Federal employees that go. My amend- ican workers. Amendment offered by Mr. RAHALL of ment will do that very simply. It will The amendment before us would re- West Virginia; limit the number of Federal employees quire that all souvenir products sold in Amendment offered by Mr. HEFLEY of that are sent to international con- America’s national park system pro- Colorado. ferences funded under this bill to 50. spectively be made in America. There- The Chair will reduce to 5 minutes Mr. TAYLOR of North Carolina. Mr. fore, I ask my colleagues to support the time for any electronic vote after Chairman, will the gentleman yield? this amendment. the first vote in this series. Mr. GARRETT of New Jersey. I yield Mr. Chairman, I reserve the balance AMENDMENT NO. 1 OFFERED BY RAHALL to the gentleman from North Carolina. of my time. The Acting CHAIRMAN. The pending Mr. TAYLOR of North Carolina. Mr. Mr. TAYLOR of North Carolina. Mr. business is the demand for a recorded Chairman, I commend the gentleman Chairman, we have no objection at this vote on the amendment offered by the for his concern about the excessive for- time to this amendment. gentleman from West Virginia (Mr. RA- eign travel. This subcommittee has Mr. COSTA. Mr. Chairman, I ask that HALL) on which further proceedings conducted extensive oversight using my colleagues accept the amendment. were postponed and on which the noes the Inspector General and the Govern- Mr. Chairman, I yield back the bal- prevailed by voice vote. ment Accountability Office on the use ance of my time. The Clerk will redesignate the of foreign travel on large conferences. I The Acting CHAIRMAN. The ques- amendment. accept the gentleman’s amendment. tion is on the amendment offered by The Clerk redesignated the amend- Mr. GARRETT of New Jersey. Mr. the gentleman from California (Mr. ment. Chairman, I thank the chairman for ac- COSTA). cepting the amendment. The amendment was agreed to. RECORDED VOTE Mr. Chairman, I yield back the bal- Mr. OBEY. Mr. Chairman, I move to The Acting CHAIRMAN. A recorded ance of my time. strike the last word. vote has been demanded. The Acting CHAIRMAN. The ques- Mr. Chairman, my understanding is A recorded vote was ordered. tion is on the amendment offered by that there are no other amendments The vote was taken by electronic de- the gentleman from New Jersey (Mr. left to the bill, and I simply want to vice, and there were—ayes 249, noes 159, GARRETT). say that I think the chairman of the not voting 25, as follows: The amendment was agreed to. subcommittee has been very fair and [Roll No. 196] AMENDMENT OFFERED BY MR. COSTA balanced in the way he has approached AYES—249 Mr. COSTA. Mr. Chairman, I offer an the bill. I think the bill is not fair and Ackerman Cardin Doggett amendment. balanced, not because of anything the Aderholt Carnahan Doyle gentleman from North Carolina (Mr. Allen Carson Dreier The Acting CHAIRMAN. The Clerk Andrews Case Edwards TAYLOR) did, but simply because it will designate the amendment. Baca Castle Ehlers The text of the amendment is as fol- could not be under the budget adopted Baird Chabot Emanuel lows: by the majority party 2 weeks ago. Baldwin Cleaver Engel How any Member votes on this bill is, Bartlett (MD) Clyburn English (PA) Amendment offered by Mr. COSTA: Barton (TX) Conyers Eshoo At the end of the bill (before the short in my view, up to that Member. I am Bass Cooper Etheridge title), add the following new section: not going to be asking any Member to Bean Costello Evans SEC. 4ll. None of the funds made avail- vote any way on any appropriation bill, Becerra Cramer Everett able in this Act for the Department of the but I will be voting ‘‘no,’’ and I would Berkley Crowley Farr Interior may be used to enter into or renew Berman Cuellar Fattah like to briefly explain why. Berry Cummings Ferguson any concession contract except a concession I am simply not going to vote to gut Biggert Cunningham Filner contract that includes a provision that re- the main program that we use to help Bilirakis Davis (AL) Fitzpatrick (PA) quires that merchandise for sale at units of Bishop (GA) Davis (CA) Foley the National Park System be made in any local communities to deal with a $300 Bishop (NY) Davis (IL) Forbes State of the United States, the District of billion-plus backlog of decrepit sewer Blumenauer Davis (TN) Ford Columbia, the Commonwealth of Puerto and water systems. I am not going to Bono Davis, Jo Ann Fossella Rico, Guam, the Virgin Islands, American vote to leave 200 of our 544 wildlife ref- Boozman Davis, Tom Franks (AZ) Boucher Deal (GA) Frelinghuysen Samoa, or the Commonwealth of the North- uges without a single staff person. I am Bradley (NH) DeFazio Gallegly ern Mariana Islands. not going to vote to cripple EPA en- Brady (PA) DeGette Gonzalez The Acting CHAIRMAN. Pursuant to forcement programs to the tune of $400 Brown, Corrine Delahunt Goode Burgess DeLauro Gordon the order of the House today, the gen- million. Butterfield Dent Green (WI) tleman from California (Mr. COSTA) and This bill does all of those things, not Capito Diaz-Balart, L. Green, Al a Member opposed each will control 5 because the gentleman from North Capps Diaz-Balart, M. Green, Gene minutes. Carolina (Mr. TAYLOR) wanted to, but Capuano Dicks Grijalva

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3673 Gutierrez McCollum (MN) Sanders Ryun (KS) Simpson Tiahrt Gibbons King (IA) Ramstad Hall McCotter Saxton Sabo Smith (TX) Tiberi Goodlatte Lewis (KY) Rogers (MI) Harris McDermott Schakowsky Salazar Sodrel Walden (OR) Graves Linder Rohrabacher Hastings (FL) McGovern Schiff Schwarz (MI) Souder Walsh Green (WI) Mack Royce Hayworth McHugh Schwartz (PA) Sensenbrenner Stearns Weldon (FL) Gutknecht Manzullo Ryan (WI) Herseth McKinney Scott (GA) Sessions Sullivan Westmoreland Hall McCotter Ryun (KS) Higgins McNulty Scott (VA) Shadegg Taylor (NC) Wicker Harris McHenry Sensenbrenner Hinchey Meehan Serrano Sherwood Terry Wilson (SC) Hart Miller (FL) Sessions Shimkus Thomas Hobson Meek (FL) Shaw Wolf Hefley Miller, Gary Shadegg Shuster Thornberry Holden Meeks (NY) Sherman Hensarling Moran (KS) Shimkus Holt Menendez Simmons NOT VOTING—25 Herger Musgrave Shuster Honda Michaud Skelton Hoekstra Myrick Stearns Hooley Miller (MI) Barrow Larson (CT) Paul Slaughter Hostettler Neugebauer Sullivan Hostettler Miller (NC) Brown (OH) LaTourette Poe Smith (NJ) Inglis (SC) Norwood Tanner Hoyer Miller, George Clay Leach Radanovich Smith (WA) Issa Otter Taylor (MS) Hyde Mollohan Snyder Culberson Lewis (GA) Shays Frank (MA) Lucas Jenkins Paul Terry Inslee Moore (KS) Solis Strickland Gerlach Lynch Jindal Pence Thornberry Israel Moore (WI) Spratt Tancredo Harman Marchant Johnson, Sam Petri Westmoreland Issa Murphy Stark Young (AK) Hinojosa Millender- Jones (NC) Pitts Wilson (SC) Jackson (IL) Murtha Stupak Jackson-Lee McDonald Keller Poe Jefferson Myrick Sweeney Johnson (IL) Nadler (TX) Moran (VA) Kennedy (MN) Price (GA) Tanner Johnson, E. B. Napolitano Tauscher Jones (NC) Neal (MA) NOES—326 Taylor (MS) b 1937 Jones (OH) Norwood Thompson (CA) Abercrombie Davis (TN) Kanjorski Kanjorski Obey Messrs. BAKER, SCHWARZ of Michi- Thompson (MS) Ackerman Davis, Tom Kaptur Kaptur Olver gan, CARDOZA, JENKINS and SUL- Tierney Aderholt DeFazio Kelly Keller Ortiz LIVAN changed their vote from ‘‘aye’’ Kelly Owens Towns Alexander DeGette Kennedy (RI) Kennedy (MN) Pallone Turner to ‘‘no.’’ Allen Delahunt Kildee Kennedy (RI) Pascrell Udall (CO) Mr. LOBIONDO, Mrs. MALONEY, and Andrews DeLauro Kilpatrick (MI) Kildee Pastor Udall (NM) Messrs. CLEAVER, JOHNSON of Illi- Baca DeLay Kind Kilpatrick (MI) Payne Upton nois, ORTIZ, Ms. CORRINE BROWN of Bachus Dent King (NY) Van Hollen Kind Pelosi Florida, Messrs. BACA, TURNER, Baird Diaz-Balart, L. Kingston King (NY) Pence Vela´ zquez Baldwin Dicks Kirk Kirk Pitts Visclosky BARTLETT of Maryland, FORBES, Barrow Dingell Kline Kucinich Platts Wamp WAMP, BOOZMAN, HOBSON, Mrs. Bass Doggett Knollenberg Kuhl (NY) Price (NC) Wasserman MILLER of Michigan, Mrs. MYRICK, Becerra Doolittle Kolbe Schultz Langevin Rahall Mr. BISHOP of Georgia and Mr. DICKS Berkley Doyle Kucinich Lantos Ramstad Waters Berman Drake Kuhl (NY) Larsen (WA) Rangel Watson changed their vote from ‘‘no’’ to ‘‘aye.’’ Berry Dreier LaHood Lee Reyes Watt So the amendment was agreed to. Biggert Edwards Langevin Levin Reynolds Waxman The result of the vote was announced Bishop (GA) Ehlers Lantos Linder Rogers (MI) Weiner as above recorded. Bishop (NY) Emanuel Larsen (WA) Weldon (PA) Lipinski Ros-Lehtinen Bishop (UT) Emerson Latham Weller Stated for: LoBiondo Rothman Blumenauer Engel Lee Wexler Mr. BARROW. Mr. Chairman, on rollcall No. Lofgren, Zoe Roybal-Allard Blunt English (PA) Levin Lowey Ruppersberger Whitfield 196, had I been present, I would have voted Boehlert Eshoo Lewis (CA) Maloney Rush Wilson (NM) ‘‘aye.’’ Boehner Etheridge Lipinski Markey Ryan (OH) Woolsey Mr. MORAN of Virginia. Mr. Chairman, on Bonilla Evans LoBiondo Matsui Sa´ nchez, Linda Wu McCarthy T. Wynn rollcall No. 196, I was delayed in traffic. Had Bonner Farr Lofgren, Zoe McCaul (TX) Sanchez, Loretta Young (FL) I been present, I would have voted ‘‘aye.’’ Bono Fattah Lowey Stated against: Boozman Ferguson Lungren, Daniel NOES—159 Boren Filner E. Mr. HINOJOSA. Mr. Chairman, I re- Boswell Fitzpatrick (PA) Lynch Abercrombie Drake Manzullo gret that I was unavoidably detained. Boucher Forbes Maloney Akin Duncan Marshall Had I been present, I would have voted Boustany Ford Marchant Alexander Emerson Matheson ‘‘no’’ on rollcall No. 196. Boyd Fortenberry Markey Bachus Feeney McCrery Bradley (NH) Fossella Marshall AMENDMENT NO. 11 OFFERED BY MR. HEFLEY Baker Flake McHenry Brady (PA) Frank (MA) Matheson Barrett (SC) Fortenberry McIntyre The Acting CHAIRMAN (Mr. Brown (OH) Frelinghuysen Matsui Beauprez Foxx McKeon HASTINGS of Washington). The pending Brown (SC) Gallegly McCarthy Bishop (UT) Garrett (NJ) McMorris Brown, Corrine Gerlach McCaul (TX) Blackburn Gibbons business is the demand for a recorded Melancon Butterfield Gilchrest McCollum (MN) Blunt Gilchrest Mica vote on the amendment offered by the Calvert Gillmor McCrery Boehlert Gillmor Miller (FL) gentleman from Colorado (Mr. HEFLEY) Camp Gingrey McDermott Boehner Gingrey Miller, Gary on which further proceedings were Cantor Gohmert McGovern Bonilla Gohmert Moran (KS) Capito Gonzalez McHugh Bonner Goodlatte Musgrave postponed and on which the noes pre- Capps Goode McIntyre Boren Granger Neugebauer vailed by voice vote. Boswell Graves Ney The Clerk will redesignate the Capuano Gordon McKeon Boustany Gutknecht Northup Cardin Granger McKinney amendment. Cardoza Green, Al McMorris Boyd Hart Nunes The Clerk redesignated the amend- Brady (TX) Hastings (WA) Nussle Carnahan Green, Gene McNulty Brown (SC) Hayes Oberstar ment. Carson Grijalva Meehan Brown-Waite, Hefley Osborne RECORDED VOTE Carter Gutierrez Meek (FL) Ginny Hensarling Otter The Acting CHAIRMAN. A recorded Case Hastings (FL) Meeks (NY) Burton (IN) Herger Oxley Castle Hastings (WA) Melancon Buyer Hoekstra Pearce vote has been demanded. Chandler Hayes Menendez Calvert Hulshof Peterson (MN) A recorded vote was ordered. Cleaver Hayworth Mica Camp Hunter Peterson (PA) The Acting CHAIRMAN. This will be Clyburn Herseth Michaud Cannon Inglis (SC) Petri a 5-minute vote. Coble Higgins Miller (MI) Cantor Istook Pickering The vote was taken by electronic de- Cole (OK) Hinchey Miller (NC) Cardoza Jenkins Pombo Conaway Hinojosa Miller, George Carter Jindal Pomeroy vice, and there were—ayes 90, noes 326, Conyers Hobson Mollohan Chandler Johnson (CT) Porter not voting 17, as follows: Cooper Holden Moore (KS) Chocola Johnson, Sam Price (GA) [Roll No. 197] Costa Holt Moore (WI) Coble King (IA) Pryce (OH) AYES—90 Costello Honda Moran (VA) Cole (OK) Kingston Putnam Cramer Hooley Murphy Conaway Kline Regula Akin Brown-Waite, Deal (GA) Crenshaw Hoyer Murtha Costa Knollenberg Rehberg Baker Ginny Diaz-Balart, M. Crowley Hulshof Nadler Cox Kolbe Reichert Barrett (SC) Burgess Duncan Cuellar Hunter Napolitano Crenshaw LaHood Renzi Bartlett (MD) Burton (IN) Everett Culberson Hyde Neal (MA) Cubin Latham Rogers (AL) Barton (TX) Buyer Feeney Cummings Inslee Ney Davis (FL) Lewis (CA) Rogers (KY) Bean Cannon Flake Cunningham Israel Northup Davis (KY) Lewis (KY) Rohrabacher Beauprez Chabot Foley Davis (AL) Jackson (IL) Nunes DeLay Lungren, Daniel Ross Bilirakis Chocola Foxx Davis (CA) Jefferson Nussle Dingell E. Royce Blackburn Cubin Franks (AZ) Davis (FL) Johnson (CT) Oberstar Doolittle Mack Ryan (WI) Brady (TX) Davis, Jo Ann Garrett (NJ) Davis (IL) Johnson (IL) Obey Davis (KY) Johnson, E. B. Olver

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3674 CONGRESSIONAL RECORD — HOUSE May 19, 2005 Ortiz Ryan (OH) Thompson (CA) The SPEAKER pro tempore. Pursu- will reduce to 5 minutes the minimum Osborne Sabo Thompson (MS) ant to House Resolution 287, the pre- time for the electronic vote on the Owens Salazar Tiahrt Oxley Sa´ nchez, Linda Tiberi vious question is ordered. question of final passage. Pallone T. Tierney Is a separate vote demanded on any The vote was taken by electronic de- Pascrell Sanchez, Loretta Towns amendment? If not, the Chair will put vice, and there were—ayes 191, noes 228, Pastor Sanders Turner them en gros. not voting 14, as follows: Payne Saxton Udall (CO) Pearce Schakowsky Udall (NM) The amendments were agreed to. [Roll No. 198] Pelosi Schiff Upton The SPEAKER pro tempore. The AYES—191 Peterson (MN) Schwartz (PA) Van Hollen question is on the engrossment and Peterson (PA) Schwarz (MI) Abercrombie Gonzalez Ortiz Vela´ zquez third reading of the bill. Pickering Scott (GA) Visclosky Ackerman Gordon Owens Platts Scott (VA) Allen Green, Al Walden (OR) The bill was ordered to be engrossed Pallone Pombo Serrano Andrews Green, Gene Walsh and read a third time, and was read the Pascrell Pomeroy Shaw Baca Grijalva Wamp Pastor Porter Sherman third time. Baird Gutierrez Wasserman Payne Price (NC) Sherwood MOTION TO RECOMMIT OFFERED BY MR. OBEY Baldwin Hastings (FL) Schultz Pelosi Pryce (OH) Simmons Barrow Herseth Waters Mr. OBEY. Mr. Chairman, I offer a Peterson (MN) Putnam Simpson Bean Higgins Watson motion to recommit. Pomeroy Rahall Skelton Becerra Hinchey Price (NC) Rangel Slaughter Watt The SPEAKER pro tempore. Is the Berkley Hinojosa Rahall Regula Smith (NJ) Waxman Berman Holt gentleman opposed to the bill? Rangel Rehberg Smith (TX) Weiner Berry Honda Mr. OBEY. Yes, I am. Reyes Reichert Smith (WA) Weldon (FL) Bishop (GA) Hooley Ross Renzi Snyder Weldon (PA) The SPEAKER pro tempore. The Bishop (NY) Hoyer Reyes Sodrel Weller Clerk will report the motion to recom- Blumenauer Inslee Rothman Reynolds Solis Wexler mit. Boren Israel Roybal-Allard Rogers (AL) Souder Whitfield Boswell Jackson (IL) Ruppersberger Rogers (KY) Spratt Wicker The Clerk read as follows: Boucher Jefferson Rush Ros-Lehtinen Stark Wilson (NM) Mr. OBEY of Wisconsin moves to recommit Boyd Johnson, E. B. Ryan (OH) Ross Stupak Wolf the bill, H.R. 2316, to the Committee on Ap- Brady (PA) Jones (OH) Sabo Rothman Sweeney Woolsey propriations to report the same promptly Brown (OH) Kaptur Salazar ´ Roybal-Allard Tauscher Wu with an amendment to provide an additional Brown, Corrine Kennedy (RI) Sanchez, Linda Wynn T. Ruppersberger Taylor (NC) $242,000,000 for the Clean Water State Revolv- Butterfield Kildee Rush Thomas Young (FL) Capps Kilpatrick (MI) Sanchez, Loretta ing Fund and $110,000,000 for State and Tribal Cardin Kind Sanders NOT VOTING—17 Assistance Grants. Cardoza Kucinich Schakowsky Clay Larson (CT) Radanovich The SPEAKER pro tempore. The gen- Carnahan Langevin Schiff Cox LaTourette Shays tleman from Wisconsin is recognized Carson Lantos Schwartz (PA) Harman Leach Strickland Case Larsen (WA) Scott (GA) Istook Lewis (GA) Tancredo for 5 minutes in support of his motion Chandler Lee Scott (VA) Jackson-Lee Lucas Young (AK) to recommit. Cleaver Levin Serrano (TX) Millender- Mr. OBEY. Mr. Speaker, I will take Clyburn Lipinski Sherman Jones (OH) McDonald Conyers Lofgren, Zoe Skelton only 1 minute. The budget resolution Cooper Lowey Slaughter ANNOUNCEMENT BY THE ACTING CHAIRMAN passed earlier this year told the Con- Costa Lynch Smith (WA) The Acting CHAIRMAN (during the gress to find a way to meet the targets Costello Maloney Snyder Cramer Markey Solis vote). Members are advised there are 2 in that resolution, even if we had to Crowley Marshall minutes remaining in this vote. Spratt gut the Clean Water program and to Cuellar Matheson Stark cut the STAG grants. Cummings Matsui b 1946 Stupak What this motion says is that the Davis (AL) McCarthy Tanner Davis (CA) McCollum (MN) Tauscher So the amendment was rejected. committee ought to go back to the Davis (FL) McDermott Taylor (MS) The result of the vote was announced Davis (IL) McGovern drawing board and find a way to meet Thompson (CA) Davis (TN) McIntyre as above recorded. these targets without cutting either Thompson (MS) DeFazio McKinney The Acting CHAIRMAN (Mr. Tierney the STAG grants or the Clean Water DeGette McNulty HASTINGS of Washington). The Clerk Revolving Fund. It would simply ask Delahunt Meehan Towns will read the last two lines of the bill. DeLauro Meek (FL) Udall (CO) the committee to provide an additional Udall (NM) The Clerk read as follows: $242 million to the Clean Water Revolv- Dicks Meeks (NY) Dingell Melancon Van Hollen This Act may be cited as the ‘‘Department ing Fund and $110 million for State and Doggett Menendez Vela´ zquez of the Interior, Environment, and Related Tribal Assistance Grants, returning Doyle Michaud Visclosky Agencies Appropriations Act, 2006’’. both programs to last year’s level. Edwards Miller (NC) Wasserman Emanuel Miller, George Schultz Mr. TAYLOR of North Carolina. Mr. Mr. Speaker, I yield back the balance Engel Moore (KS) Waters Chairman, I move that the Committee of my time. Eshoo Moore (WI) Watson do now rise and report the bill back to Mr. TAYLOR of North Carolina. Mr. Etheridge Moran (VA) Watt the House with sundry amendments, Speaker, I rise in opposition to the mo- Evans Nadler Waxman Farr Napolitano Weiner with the recommendation that the tion to recommit, and I wish we did not Fattah Neal (MA) Wexler amendments be agreed to and that the have to have a rollcall vote. Filner Oberstar Woolsey bill, as amended, do pass. This motion to recommit kills the Ford Obey Wu The motion was agreed to. bill by adding $352 million, and I oppose Frank (MA) Olver Wynn Accordingly, the Committee rose; this motion. NOES—228 and the Speaker pro tempore (Mr. Mr. Speaker, I yield back the balance Aderholt Boustany Conaway BASS) having assumed the chair, Mr. of my time. Akin Bradley (NH) Cox The SPEAKER pro tempore. Without Alexander Brady (TX) Crenshaw HASTINGS of Washington, Acting Chair- Bachus Brown (SC) Cubin man of the Committee of the Whole objection, the previous question is or- Baker Brown-Waite, Culberson House on the State of the Union, re- dered on the motion to recommit. Barrett (SC) Ginny Cunningham ported that that Committee, having There was no objection. Bartlett (MD) Burgess Davis (KY) Barton (TX) Burton (IN) Davis, Jo Ann had under consideration the bill (H.R. The SPEAKER pro tempore. The Bass Buyer Davis, Tom 2361) making appropriations for the De- question is on the motion to recommit. Beauprez Calvert Deal (GA) partment of the Interior, environment, The question was taken; and the Biggert Camp DeLay Speaker pro tempore announced that Bilirakis Cannon Dent and related agencies for the fiscal year Bishop (UT) Cantor Diaz-Balart, L. ending September 30, 2006, and for the noes appeared to have it. Blackburn Capito Diaz-Balart, M. other purposes, had directed him to re- RECORDED VOTE Blunt Capuano Doolittle port the bill back to the House with Mr. OBEY. Mr. Speaker, I demand a Boehlert Carter Drake Boehner Castle Dreier sundry amendments, with the rec- recorded vote. Bonilla Chabot Duncan ommendation that the amendments be A recorded vote was ordered. Bonner Chocola Ehlers agreed to and that the bill, as amend- The SPEAKER pro tempore. Pursu- Bono Coble Emerson ed, do pass. ant to clause 9 of rule XX, the Chair Boozman Cole (OK) English (PA)

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3675 Everett King (NY) Pryce (OH) Burgess Hayes Pence NAYS—89 Feeney Kingston Putnam Burton (IN) Hayworth Peterson (MN) Ackerman Hostettler Pascrell Ferguson Kirk Ramstad Butterfield Hensarling Peterson (PA) Allen Hoyer Paul Fitzpatrick (PA) Kline Regula Buyer Herger Petri Baird Inslee Payne Flake Knollenberg Rehberg Calvert Herseth Pickering Baldwin Israel Foley Kolbe Camp Higgins Pelosi Reichert Pitts Becerra Jackson (IL) Forbes Kuhl (NY) Rahall Renzi Cannon Hinchey Platts Berkley Jones (NC) Fortenberry LaHood Rohrabacher Reynolds Cantor Hinojosa Poe Berman Jones (OH) Fossella Latham Ryan (OH) Rogers (AL) Capito Hobson Pombo Berry Kind Foxx Lewis (CA) Salazar Rogers (KY) Capuano Hoekstra Pomeroy Bishop (NY) Kucinich Franks (AZ) Lewis (KY) Sa´ nchez, Linda Rogers (MI) Cardoza Holden Porter Blumenauer Lantos Frelinghuysen Linder T. Rohrabacher Carnahan Hooley Price (GA) Brown (OH) Lee Gallegly LoBiondo Ros-Lehtinen Carson Hulshof Price (NC) Capps Lofgren, Zoe Sanchez, Loretta Garrett (NJ) Lungren, Daniel Royce Carter Hunter Pryce (OH) Cardin Markey Sanders Gerlach E. Ryan (WI) Case Hyde Chandler Matheson Schakowsky Gibbons Mack Putnam Ryun (KS) Castle Inglis (SC) Conyers Matsui Solis Gilchrest Manzullo Ramstad Saxton Chabot Issa Costello McCarthy Stark Gillmor Marchant Rangel Schwarz (MI) Chocola Istook Davis (IL) McCollum (MN) Stearns Gingrey McCaul (TX) Regula Sensenbrenner Cleaver Jefferson DeGette McDermott Tanner Gohmert McCotter Rehberg Sessions Clyburn Jenkins DeLauro McGovern Tauscher Goode McCrery Reichert Shadegg Coble Jindal Dingell McKinney Goodlatte McHenry Renzi Taylor (MS) Shaw Eshoo Menendez Granger McHugh Cole (OK) Johnson (CT) Reyes Tierney Sherwood Etheridge Michaud Graves McKeon Conaway Johnson (IL) Reynolds Udall (CO) Shimkus Flake Miller, George Green (WI) McMorris Cooper Johnson, E. B. Rogers (AL) Van Hollen Shuster Frank (MA) Moore (WI) Gutknecht Mica Costa Johnson, Sam Rogers (KY) Vela´ zquez Simmons Franks (AZ) Nadler Hall Miller (FL) Cox Kanjorski Rogers (MI) Wasserman Simpson Grijalva Napolitano Harris Miller (MI) Cramer Kaptur Ros-Lehtinen Schultz Smith (NJ) Crenshaw Gutierrez Neal (MA) Hart Miller, Gary Keller Ross Waters Smith (TX) Crowley Kelly Hastings (FL) Oberstar Hastings (WA) Mollohan Rothman Waxman Sodrel Cubin Kennedy (MN) Hefley Obey Hayes Moran (KS) Roybal-Allard Wexler Souder Cuellar Kennedy (RI) Holt Owens Hayworth Murphy Royce Woolsey Stearns Culberson Kildee Honda Pallone Hefley Murtha Ruppersberger Sullivan Cummings Kilpatrick (MI) Hensarling Musgrave Rush NOT VOTING—15 Sweeney Cunningham King (IA) Herger Myrick Ryan (WI) Hobson Neugebauer Taylor (NC) Davis (AL) King (NY) Clay Leach Radanovich Ryun (KS) Hoekstra Ney Terry Davis (CA) Kingston Harman Lewis (GA) Shays Sabo Holden Northup Thomas Davis (FL) Kirk Jackson-Lee Lucas Strickland Saxton Hostettler Norwood Thornberry Davis (KY) Kline (TX) Marchant Tancredo Hulshof Nunes Tiahrt Davis (TN) Knollenberg Schiff Larson (CT) Millender- Young (AK) Hunter Nussle Tiberi Davis, Jo Ann Kolbe Schwartz (PA) LaTourette McDonald Turner Davis, Tom Kuhl (NY) Schwarz (MI) Hyde Osborne ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Inglis (SC) Otter Upton Deal (GA) LaHood Scott (GA) Issa Oxley Walden (OR) DeFazio Langevin Scott (VA) The SPEAKER pro tempore (during Istook Paul Walsh Delahunt Larsen (WA) Sensenbrenner the vote). Members are advised 2 min- Jenkins Pearce Wamp DeLay Latham Serrano utes remain in this vote. Jindal Pence Weldon (FL) Dent Levin Sessions Johnson (CT) Peterson (PA) Weldon (PA) Diaz-Balart, L. Lewis (CA) Shadegg b 2018 Johnson (IL) Petri Weller Diaz-Balart, M. Lewis (KY) Shaw Johnson, Sam Pickering Westmoreland Dicks Linder Sherman So the bill was passed. Jones (NC) Pitts Whitfield Doggett Lipinski Sherwood The result of the vote was announced Kanjorski Platts Wicker Doolittle LoBiondo Shimkus as above recorded. Keller Poe Wilson (NM) Doyle Lowey Shuster A motion to reconsider was laid on Kelly Pombo Wilson (SC) Drake Lungren, Daniel Simmons Kennedy (MN) Porter Wolf Dreier E. Simpson the table. King (IA) Price (GA) Young (FL) Duncan Lynch Skelton f Edwards Mack NOT VOTING—14 Slaughter Ehlers Maloney Smith (NJ) PERSONAL EXPLANATION Clay Leach Shays Emanuel Manzullo Smith (TX) Mr. LARSON of Connecticut. Mr. Speaker, I Harman Lewis (GA) Strickland Emerson Marshall Smith (WA) Jackson-Lee Lucas Tancredo Engel McCaul (TX) Snyder would like to submit this statement for the (TX) Millender- Young (AK) English (PA) McCotter Sodrel record and regret that I could not be present Larson (CT) McDonald Evans McCrery Souder LaTourette Radanovich today, Thursday, May 19, 2005 to vote on roll- Everett McHenry Spratt McHugh call votes Nos. 190, 191, 192, 193, 194, 195, Farr Stupak Fattah McIntyre b 2008 Sullivan 196, 197, 198 and 199 due to family medical Feeney McKeon Sweeney emergency. So the motion to recommit was re- Ferguson McMorris Taylor (NC) jected. Filner McNulty Had I been present, I would have voted: Terry Fitzpatrick (PA) Meehan ‘‘no’’ on rollcall vote No. 190 on calling the The result of the vote was announced Thomas Foley Meek (FL) as above recorded. Thompson (CA) previous question on H. Res. 287—The rule Forbes Meeks (NY) providing for consideration of H.R. 2361—De- The SPEAKER pro tempore (Mr. Ford Melancon Thompson (MS) BASS). The question is on the passage Fortenberry Mica Thornberry partment of the Interior, Environment, and Re- Tiahrt of the bill. Fossella Miller (FL) lated Agencies Appropriations Act for Fiscal Foxx Miller (MI) Tiberi Under clause 10 of rule XX, the yeas Towns Year 2006; ‘‘no’’ on rollcall vote No. 191 on an Frelinghuysen Miller (NC) amendment to H.R. 2361 to increase funding and nays are ordered. Gallegly Miller, Gary Turner This will be a 5-minute vote. Garrett (NJ) Mollohan Udall (NM) for Payments in Lieu of Taxes (PILT) by Upton The vote was taken by electronic de- Gerlach Moore (KS) $4,800,000 and to reduce funding to the Na- Gibbons Moran (KS) Visclosky tional Endowment for the Arts; ‘‘no’’ on rollcall vice, and there were—yeas 329, nays 89, Gilchrest Moran (VA) Walden (OR) not voting 15, as follows: Gillmor Murphy Walsh vote No. 192 on amendments en bloc to H.R. Wamp [Roll No. 199] Gingrey Murtha 2361 to insert ‘‘oil’’ after ‘‘offshore’’ on page Gohmert Musgrave Watson 53, line 12 strike ‘‘and natural gas’’ on page YEAS—329 Gonzalez Myrick Watt Weiner 53, line 20 and to strike ‘‘and natural gas’’ on Abercrombie Bean Boozman Goode Neugebauer page 54 line 3; ‘‘no’’ on rollcall vote No. 193 Aderholt Beauprez Boren Goodlatte Ney Weldon (FL) Akin Biggert Boswell Gordon Northup Weldon (PA) on an amendment to H.R. 2361 to reduce Alexander Bilirakis Boucher Granger Norwood Weller funding for the Environmental Protection Andrews Bishop (GA) Boustany Graves Nunes Westmoreland Agency—Science and Technology by $130 Baca Bishop (UT) Boyd Green (WI) Nussle Whitfield Bachus Blackburn Bradley (NH) Green, Al Olver Wicker million and to increase funding for the Environ- Baker Blunt Brady (PA) Green, Gene Ortiz Wilson (NM) mental Protection Agency—Hazardous Sub- Barrett (SC) Boehlert Brady (TX) Gutknecht Osborne Wilson (SC) stance Superfund by $130 million; ‘‘yea’’ on Barrow Boehner Brown (SC) Hall Otter Wolf rollcall vote No. 194 on an amendment to H.R. Bartlett (MD) Bonilla Brown, Corrine Harris Oxley Wu Barton (TX) Bonner Brown-Waite, Hart Pastor Wynn 2361 to increase funding in the Clean Water Bass Bono Ginny Hastings (WA) Pearce Young (FL) State Revolving Fund by $100 million; ‘‘no’’ on

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00117 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3676 CONGRESSIONAL RECORD — HOUSE May 19, 2005 rollcall vote No. 195 on an amendment to H.R. consider the stem cell bill on Tuesday, sure yours do as well, what time of day 2361 to increase funding for Wildland Man- followed on Tuesday by the energy and you would expect to be considering agement by $27,500,000, to increase funding water bill. Hopefully, we could finish that piece of legislation? for hazardous fuels reduction activities and to that bill by Tuesday night and start Mr. DELAY. In working with the mi- reduce funding for the National Endowment for the DOD authorization bill on Wednes- nority leader’s office and your office, the Arts—Grants and Administration by $30 day and Thursday, if necessary, and there have been requests to accommo- million; ‘‘yea’’ on rollcall vote No. 196 on an complete the week with the military date some Members and start this de- amendment to H.R. 2361 to prohibit the use of quality of life appropriations bill. bate early in the afternoon instead of funds from being made available for the sell- Mr. HOYER. I thank the gentleman early in the morning. I would, along ing or slaughter of wild free-roaming horses for that response. With respect to the with the unanimous-consent request, and burros; ‘‘no’’ on rollcall vote No. 197 on defense authorization bill, can you tell anticipate us working out an agreeable an amendment to H.R. 2361 to reduce total us now what kind of a rule might be time, and I would expect after discus- appropriations in the bill by $261,591,250; applicable to the consideration of that sions already being held that we would ‘‘yea’’ on rollcall vote No. 198 on the motion bill? anticipate the debate to start on that to recommit H.R. 2361 to the Appropriations Mr. DELAY. I would anticipate the bill somewhere early in the afternoon Subcommittee on Interior, Environment, and same types of amendments being al- and running for the length of time Related Agencies; and ‘‘no’’ on rollcall vote lowed that has been sort of tradition agreed to by both sides. No. 199 on passage of H.R. 2361—Depart- around here on the DOD authorization Mr. HOYER. I thank the leader for ment of the Interior, Environment and Related bill. The Rules Committee did make an that information and appreciate his working with Leader PELOSI in deter- Agencies Appropriations Act for Fiscal Year announcement tonight about filing mining that, because this is important. 2006. amendments in a timely fashion. Most I think all Members will want to make f of the amendments would be considered by the Rules Committee, but obviously sure that that time frame in which it REMOVAL OF NAME OF MEMBER it is too early to tell what the Rules will be considered, they will be avail- AS COSPONSOR OF H.R. 810 Committee will finally do. able to be on the floor or be watching Mr. CASTLE. Mr. Speaker, I ask Mr. HOYER. I thank the gentleman the floor debate with the ability to unanimous consent that the name of for that information and would ask come to the floor to offer their the gentleman from California (Mr. that certainly the substantive Demo- thoughts. I thank the gentleman for CALVERT) be removed from a piece of cratic amendments be made in order. that information. legislation I have authored, H.R. 810. This, obviously, is a very important Mr. DELAY. If the gentleman will The SPEAKER pro tempore (Mr. bill, a large sum of money, critically yield, I want to reemphasize, we are trying to work out with your side as TERRY). Is there objection to the re- important at a time when we are con- lengthy a debate as necessary to have a quest of the gentleman from Delaware? fronting terrorists in Iraq and around There was no objection. the world and our men and women are full and important debate. Even though we would discourage any amendments in harm’s way. All of us want to make f to this very important issue, we would sure that we have our ideas on how we LEGISLATIVE PROGRAM want to have opportunities for every can best strengthen our efforts in that Member to participate in the debate. (Mr. HOYER asked and was given bill. So to the extent that the leader So we would work out with your side permission to address the House for 1 can prevail upon the Rules Committee enough time so that we can thoroughly minute.) to allow such amendments as Demo- Mr. HOYER. Mr. Speaker, I yield to debate this issue. cratic Members and, for that matter, Mr. HOYER. I thank the leader for the distinguished majority leader for Republican Members want to offer, I the purposes of inquiring of the sched- that observation. The happy cir- think that would be in the best inter- cumstance is we both certainly agree ule for the coming week. ests of full consideration. on this procedure, that it needs to have Mr. DELAY. Mr. Speaker, I appre- Mr. Leader, the stem cell research a thorough airing and debate and dis- ciate the distinguished minority whip legislation you indicate will be on cussion. There are strong views on ei- yielding to me. Tuesday. It is my understanding that ther side of this issue and quite obvi- The House will convene on Monday that bill will be brought to the floor ously the consequences of this bill are at 12:30 p.m. for morning hour and 2 and that it will not be subject to very substantial. Whether it passes or p.m. for legislative business. We will amendment; it will be considered as re- whether it fails, the consequences are consider several measures under sus- ported out of committee. Is that accu- substantial. So we appreciate the fact pension of the rules. A final list of rate? that there will be significant time to those bills will be sent to Members’ of- Mr. DELAY. We are working with discuss and debate this issue. fices by the end of the week. Any votes your side on a unanimous-consent re- Mr. Leader, I have two items left. called on these measures will be rolled quest to bring the bill up even without The Head Start reauthorization has until 6:30 p.m. a rule. Hopefully, we can agree to a now, as you know, been marked up by On Tuesday and the balance of the lengthy debate. This issue is so impor- the committee. I know it is not coming week, the House will consider several tant for an up-and-down vote. Hope- next week, and we will be out the week bills under a rule: H.R. 810, the Stem fully, we could have a full and open de- after that for the Memorial Day work Cell Research Enhancement Act of bate on this very important issue. And period. Can you tell me when you 2005; H.R. 2419, the Energy and Water it will be hopefully done under a unani- might expect the Head Start reauthor- Development Appropriations Act for mous-consent request that will be ization bill to come to the floor? Fiscal Year 2006; and H.R. 1815, the Na- worked out with your side, probably on Mr. DELAY. We do have a very, very tional Defense Authorization Act For Monday. full schedule over the next few weeks. Fiscal Year 2006. Mr. HOYER. I thank the leader. I As the gentleman knows and most of In addition, Mr. Speaker, we plan to know that our leader and your office the Members know, the Appropriations consider the Military Quality of Life are working on that unanimous con- Committee is trying their best to get Appropriations Act for Fiscal Year 2006 sent and the parameters of the consid- all the appropriations bills out of the sometime later in the week. eration of, as you point out, a very, House before the July 4 break, so there Mr. HOYER. I thank the leader for very important bill. There are obvi- is very little time between now and the that information. If I could go through ously different points of view on the Fourth of July to do other bills. We are a couple of these bills. The defense au- legislation. considering the Head Start bill, but we thorization bill, Mr. Leader, do you ex- I know we are going to be meeting do not have any immediate plans to pect at this point in time to have that Monday night and going to come in consider the Head Start bill reauthor- on a particular day of the week? Do we early Tuesday. Would you have a ization and hope that we can get to it know when that will be? thought as to when, because of the im- as soon as possible. Mr. DELAY. While it is certainly sub- portance of this bill, our Members want Mr. HOYER. I thank the gentleman ject to change, I would expect us to to be sure that they are here, as I am and would hope that we could try to

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3677 move that as quickly as possible. Obvi- tradition around here to include the ADJOURNMENT TO MONDAY, MAY ously, people will want to be planning President as we do legislation through 23, 2005 for the next school year and next Head the House and the Senate and therefore Mr. DELAY. Mr. Speaker, I ask unan- Start year. working out any of our differences so imous consent that when the House ad- Lastly, Mr. Leader, the highway bill. that he would not have to veto a bill, journs today, it adjourn to meet at As we know, the highway bill is now and I do not see that the highway bill 12:30 p.m. on Monday next for morning more than 2 years overdue in terms of is any different than anything else we hour debate. 1 reauthorization, has been sitting for have been doing for the last 4 ⁄2 years. The SPEAKER pro tempore (Mr. some period of time. The Senate has So he is obviously a major player in MARCHANT). Is there objection to the now passed that bill. Can you tell us this process. request of the gentleman from Texas? when we might appoint conferees for The House, as the gentleman says, There was no objection. the highway conference? has expressed itself at a number. We f Mr. DELAY. As the gentleman think the President will sign the bill. knows, this House passed the highway The Senate has chosen to do otherwise. DISPENSING WITH CALENDAR bill some weeks ago and the Senate Hopefully, we can work this out in the WEDNESDAY BUSINESS ON just finished the highway bill in their conference committee so that the WEDNESDAY NEXT Chamber. We will probably have to President will not have to mar his Mr. DELAY. Mr. Speaker, I ask unan- consider some type of short-term ex- record by vetoing a bill. imous consent that the business in tension next week, hopefully an Mr. HOYER. Mr. Speaker, reclaiming order under the Calendar Wednesday agreed-to extension bill. And if the my time, I recall that Democrats, when rule be dispensed with on Wednesday Senate requests a conference next they were in charge, had a slightly dif- next. week, I believe that the Speaker will ferent perspective, believing we were a The SPEAKER pro tempore. Is there be prepared to appoint House conferees co-equal branch of the government. We objection to the request of the gen- next week. would adopt our policies based upon tleman from Texas? Mr. HOYER. I thank the leader for what we believed to be in the best in- There was no objection. that observation and hopefully we can, terests of this country, and that the f in fact, move on that. We not only President, as a co-equal branch of the passed it last week but we passed it a government, would make his deter- CONTINUATION OF NATIONAL number of times before that. Mr. Lead- mination, and if we disagreed we would EMERGENCY PROTECTING DE- er, I would simply observe on our side override his veto. As a matter of fact, VELOPMENT FUND FOR IRAQ— and, frankly, on your side that the I voted to override a number of vetoes MESSAGE FROM THE PRESIDENT Senate number is a number that I that the previous Democratic Presi- OF THE UNITED STATES (H. DOC. think our committee certainly and this dent disagreed with us on. NO. 109–28) House could well approve. The gentleman is right. We do not The SPEAKER pro tempore laid be- b 2030 seem to do that. We have a 41⁄2-year un- fore the House the following message I know the President does not like blemished record, as the leader points from the President of the United that number, but very frankly, as the out, of not doing anything that this States; which was read and, together gentleman knows, our own committee President did not want us to do. with the accompanying papers, without almost unanimously on voice vote Mr. DELAY. Mr. Speaker, will the objection, referred to the Committee passed out an authorization figure at, I gentleman yield? on International Relations and ordered think, 375, so $80 billion more than the Mr. HOYER. I yield to the gentleman printed: Senate-passed bill. from Texas. To the Congress of the United States: I would certainly hope that the Con- Mr. DELAY. Mr. Speaker, I appre- Section 202(d) of the National Emer- gress could exercise its will. The Sen- ciate the gentleman’s yielding to me. gencies Act (50 U.S.C. 1622(d)) provides ate was at 218. We were at 284. Now it I would just point out to the gen- for the automatic termination of a na- is a little bit in between that. I would tleman that in the good old days that tional emergency unless, prior to the hope that we could move this con- he refers to, yes, this House had a great anniversary date of its declaration, the ference as quickly as possible. It has reputation for wanting to spend more President publishes in the Federal Reg- been held up a long time and has a sig- money, and those days have changed in ister and transmits to the Congress a nificant consequence for jobs, as the that the President is adamant about notice stating that the emergency is to leader knows, significant consequence spending and spending the right continue in effect beyond the anniver- for contractors, States, municipalities, amount of money to do the job and the sary date. In accordance with this pro- localities, and we have been a long House has concurred in that many vision, I have sent the enclosed notice time waiting for this passage that is times and have voted in the House. And to the Federal Register for publication. now some 2 years late. it has been a pleasure to work with the This notice states that the national But I appreciate the leader’s observa- President to hold down spending and emergency declared in Executive Order tion that we will appoint conferees make sure that every dollar is spent 13303 of May 22, 2003, as expended in next week, and hopefully perhaps the properly. scope by Executive Order 13315 of Au- leader can help accelerate that con- gust 28, 2003, modified in Executive Mr. HOYER. Mr. Speaker, reclaiming ference so we can agree. And then the Order 13350 of July 29, 2004, and further my time, does the gentleman by any President, of course, will have to do modified in Executive Order 13364 of chance remember the ag bill? what he thinks is best and make a de- November 29, 2004, is to continue in ef- termination, and then we might have a Mr. DELAY. Which ag bill? fect beyond May 22, 2005. The most re- shocking event and he may veto a bill Mr. HOYER. The ag bill that was cent notice continuing this emergency and send it back to us, and I am rel- passed some years ago. The President was published in the Federal Register atively confident we would work our was not too excited about that spend- on May 21, 2004 (60 FR 29409). will at that point in time. ing level, as I recall. He signed the bill, The threats of attachment or other I do not know whether the leader nevertheless. judicial process against (i) the Develop- wants to make an observation. Mr. DELAY. He signed the bill. ment Fund for Iraq, (ii) Iraqi petro- Mr. DELAY. Mr. Speaker, will the Mr. HOYER. Mr. Speaker, I have leum and petroleum products, and in- gentleman yield? been here for some period of time, as terests therein, and proceeds, obliga- Mr. HOYER. I yield to the gentleman the leader knows, and the only bill tions, or any financial instruments of from Texas. that Ronald Reagan vetoed that was any nature whatsoever arising from or Mr. DELAY. Mr. Speaker, I would overridden by the Congress was a bill related to the sale or marketing there- just say that the President has been in which he said we did not spend of, or (iii) any accounts, assets, invest- criticized for not vetoing any bills over enough money in 1983. He vetoed it be- ments, or any other property of any the last 41⁄2 years, but it has become a cause we did not spend enough money. kind owned by, belonging to, or held

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3678 CONGRESSIONAL RECORD — HOUSE May 19, 2005 by, on behalf of, or otherwise for the on their agricultural sectors. Our egre- Some would say this is about helping Central Bank of Iraq create obstacles gious farm bill has locked us into sub- the American economy, putting Ameri- to the orderly reconstruction of Iraq, sidies that do not promote free trade cans to work, to help our exporters. the restoration and maintenance of and have already caused much harm to That is what they said about NAFTA. peace and security in the country, and other countries’ farmers. We need to And it turned out that the people of the development of political, adminis- pay attention to the hard lessons Mexico, the aggregate buying power of trative, and economic institutions in NAFTA imposed on struggling Mexican everybody in Mexico who spent every Iraq. Accordingly, these obstacles con- farmers. peso on American goods was slightly tinue to pose an unusual and extraor- Couple these issues with our reluc- less than the State of New Jersey. It dinary threat to the national security tance to help American workers ham- was never about the purchasing power and foreign policy of the United States. mered by trade and technological of the people of Mexico and the idea For these reasons, I have determined change, and CAFTA is not an agree- that somehow they were going to buy that it is necessary to continue the nament that I can support in its current American goods and put Americans to tional emergency protecting the Devel- form. work here at home. It was always opment Fund for Iraq, certain other f about United States capital, multi- property in which Iraq has an interest, national corporations, chasing cheaper and the Central Bank of Iraq, and to SAVE FILIBUSTER labor into Mexico and now further into maintain in force the sanctions to re- (Ms. WOOLSEY asked and was given Latin America; chasing lack of envi- spond to this threat. permission to address the House for 1 ronmental standards and enforcement GEORGE W. BUSH. minute and to revise and extend her re- into Mexico, particularly the THE WHITE HOUSE, May 19, 2005. marks.) maquiladora area, which is a total en- f Ms. WOOLSEY. Mr. Speaker, Repub- vironmental nightmare, further into 2005 COMPREHENSIVE REPORT ON licans continue to abuse this body with Latin America; in chase of the lowest U.S. TRADE AND INVESTMENT their blatant disregard for the rules. standards, the lowest common denomi- POLICY TOWARD SUB-SAHARAN They are clearly manufacturing a cri- nator, the most abused labor. AFRICA AND IMPLEMENTATION sis about the judicial nomination proc- And that is what CAFTA is all about. OF AFRICAN GROWTH AND OP- ess, saying it is in trouble. They would It mirrors the NAFTA agreement. Like PORTUNITY ACT—MESSAGE have us believe that none of Bush’s the NAFTA agreement, it will deliver FROM THE PRESIDENT OF THE nominees were being confirmed. the same thing. They told us we would UNITED STATES (H. DOC. NO. 109– But that just is not true. Let us re- gain 140,000 jobs with NAFTA. Well, we 29) member that 95 percent of the Bush lost close to half a million jobs because The SPEAKER pro tempore laid be- nominees have been approved, in con- of NAFTA. CAFTA will be the same. When we are doing something that is fore the House the following message trast to 35 percent of the Clinton nomi- failing the Nation and the Nation’s from the President of the United nations. So instead of following his- States; which was read and, together tory, they figure altering the Senate workers and driving down wages here with the accompanying papers, without rules in their favor is the ultimate so- at home and trying to pull down our objection, referred to the Committee lution so that they can force ten nomi- standards of consumer protection, en- on Ways and Means and ordered to be nees through the system. vironmental protection, labor stand- printed: Republican leaders in Washington are ards, then maybe it is time to think absolutely out of control. They are so about doing something different, and To the Congress of the United States: perhaps the House of Representatives Consistent with title I of the Trade afraid of our democracy failing their is on the verge of doing that. Perhaps and Development Act of 2000, I am pro- interests that they must continue to they are beginning to listen to the viding a report prepared by my Admin- bully in order to get their way. The large majority of the American people. istration, the ‘‘2005 Comprehensive Re- American people do not want a Con- We are going to run a trade deficit this port on U.S. Trade and Investment Pol- gress controlled by bullies. Bullies who year of $2 billion a day. icy Towards Sub-Saharan Africa and are willing to sacrifice a 200-year-old Implementation of the African Growth democratic process that has withstood b 2045 and Opportunity Act.’’ such debates as the 24-hour filibusters Every billion dollars represents tens GEORGE W. BUSH. of the Civil Rights Act in 1960s. of thousands of lost jobs, the export of THE WHITE HOUSE, May 19, 2005. This abuse of power must end. our industrial base, and, now, the ex- f f port of our knowledge base. CAFTA SPECIAL ORDERS We cannot continue these same failed policies as the President would have us (Mr. BLUMENAUER asked and was The SPEAKER pro tempore. Under given permission to address the House do. I have heard that they have begun the Speaker’s announced policy of Jan- the purchasing phase of the CAFTA for 1 minute.) uary 4, 2005, and under a previous order Mr. BLUMENAUER. Mr. Speaker, agreement. of the House, the following Members Now, most Americans would wonder, today most recognize we are part of a will be recognized for 5 minutes each. global economy, probably no more so what is the purchasing phase? Well, than in my home State of Oregon. Un- f they have tried the strong-arm phase for the last year. They still do not have fortunately, the Central American Free CAFTA AND OUR TRADE DEFICIT Trade Agreement, CAFTA, is not the enough votes to jam another failed step forward that new trade agree- The SPEAKER pro tempore. Under a trade agreement through the United ments should represent. previous order of the House, the gen- States House of Representatives. So I For me it is clear that CAFTA does tleman from Oregon (Mr. DEFAZIO) is am told by friends on the other side of not include adequate environmental recognized for 5 minutes. the aisle that they are about to begin and labor standards. It is time to put Mr. DEFAZIO. Mr. Speaker, it has the purchasing phase. the dispute resolution process for labor been nearly a year since the President The White House is open for business. on the same solid footing as we do for signed the secretly negotiated CAFTA What do you need? How much does it commercial issues. Most acknowledge agreement and has begun the process cost? What can we do for you? It is not that CAFTA countries lack the finan- to bring it forward to the House for an any argument that this is somehow cial resources and technical expertise up-or-down vote. No amendments al- going to deal with our trade deficit, to enforce good labor and environ- lowed. It is a perfect agreement, of help raise wages here at home, help mental practices, but we are not pro- course. provide jobs here at home; it is all viding funding that could help over- It is only perfect in that it mirrors about what deal can we cut for you so come these obstacles. all of our most recent failed trade these same multinational corporations Additionally, CAFTA would seriously agreements, such as its predecessor, can continue to move jobs offshore, harm these countries that rely heavily NAFTA. and, in this case, a little closer to

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3679 home. Perhaps they could avoid some She has been active in community af- satellite, the grapefruit-sized Explorer of the transport costs from China or fairs. Dottie Holmes served as a Pikes I, to the International Space Station India where they have sent many of Peak Regional USO council member. now being built 200 miles above us, our other jobs, or Vietnam, and they She served as a Colorado State Field human beings have begun to learn how can find almost as exploitable and Representative For Women in Military to operate in the harsh environs of cheap labor in Central America. Service, a part of their Memorial Foun- space. The combined buying power of these dation. She served as a city and county America’s space program operates on five nations is less than four days’ pur- election judge, a USAFA Special Olym- dual tracks. On the one hand, we have chasing power of the United States of pics volunteer. She also served at Pe- stressed human space flight, an inspir- America. If every person in these af- terson Air Force Base as a staff judge ing, but dangerous undertaking. With fected nations spent every cent they advocate volunteer. She currently the exception of the Apollo lunar land- earned in the next year, it would be to- serves as President of the Women in ing missions, humans have not ven- tally insignificant to the American the Air Force Association. tured beyond the low-earth orbit. The economy; and, obviously, they are not She is considered an authority, and other track that we have followed is going to do that. So it is very much the let me say a real authority, on the Air the robotic exploration of our solar same as NAFTA: it is to move our Force Academy. For many of the years system, using spacecraft that are more plants, our equipment, some workers that she served in the Air Force, she impervious to the harsh conditions of have even been made to package up served as sort of the den mother to an space and unaffected by the enormous their machines and train their replace- awful lot of those cadets who went on distances necessary to explore our ments in the case of NAFTA, and they to become officers in the United States planetary neighbors. will be doing the same thing under Air Force. Our unmanned space probes, from the CAFTA. The management skills of Dottie Ranger and Surveyor craft that paved Mr. Speaker, it is time for a major that she acquired from service in the the way for Apollo, to the Voyager change in policy. It is time for a policy Air Force and in her community serv- spacecraft that explored the outer that brings jobs home to America, that ice were enhanced by her college stud- planets and are still continuing to send puts people at work here in America, ies and management. At TREA Senior back data even as they leave the solar that helps maintain wages in our coun- Citizens League, she has served as Vice system, have increased our under- try, and helps bring people overseas up President of the Board of Trustees for standing of the universe beyond any- to our standards instead of trying to the past several years. She has dem- thing even contemplated half a century drag the American people down to the onstrated outstanding leadership in ago. lowest common denominator. helping to oversee the Board’s rise to On Mars, we have witnessed dust I hope that Members, particularly on prominence as a really accredited and storms on Olympus Mons, the largest the other side of the aisle, will not be acclaimed seniors’ group. mountain in the solar system. We have bought by the White House in this de- In numerous meetings with Members peered through Venus’s clouds and its bate and they will vote in the interests of Congress, vice-chair Dottie Holmes broiling surface. We have discovered of the people who sent them here to demonstrated strength and determina- new moons and ring systems around Washington, DC. tion in representing their position on outer planets. As I speak, a small f important issues affecting seniors spacecraft bearing dust from a comet is A TRIBUTE TO TSCL VICE CHAIR around the United States. She per- zooming back towards Earth and will DOTTIE HOLMES suaded many legislators to send arti- parachute into Utah on January 15 of The SPEAKER pro tempore (Mr. cles to her to appear in their news- this coming year. A coffee table-sized MARCHANT). Under a previous order of letter, and she has just been an amaz- probe named Deep Impact is scheduled the House, the gentleman from Min- ing and powerful force for issues that to crash into another comet on July 4 nesota (Mr. GUTKNECHT) is recognized seniors care about. Dottie Holmes con- of this year, a feat described to me re- ¥ for 5 minutes. tributed greatly to the seniors of cently by scientist Charles Elachi as Mr. GUTKNECHT. Mr. Speaker, I rise America with her work on that board. hitting a bullet with a bullet. to pay tribute to a very, very special She has done the country and her Air NASA’s jet propulsion laboratory lady tonight. Dorothy ‘‘Dottie’’ Holmes Force service proud. managed by the California Institute of served in the United States Air Force From the very first day that I met Technology has designed, built, or con- from 1949 to 1979. She is the first fe- Dottie Holmes, it was apparent that trolled all of these programs. JPL has male Chief Master Sergeant and first she was an exceptional lady. It has been a pioneer of our exploration of the woman to retire with 30 years of con- been a personal pleasure of mine to solar system from the beginning of our tinuous service in the United States work with her during the past several space program. Earlier, I mentioned Air Force. She received 14 different years on behalf of seniors’ issues, espe- JPL’s Explorer I, America’s first sat- awards and decorations during her ca- cially on behalf of her interest in mak- ellite. At the time that it was reer, the highest being the Legion of ing affordable drugs more available to launched, the United States had fallen Merit Award. seniors here in the United States. She behind the Soviet Union in the space Dottie Holmes was recalled to active championed the cause of safer and less race, and several other attempts at duty twice to serve on the Air Force expensive drugs when she spoke on a getting an American Sputnik into Chief of Staff Advisory Council For Re- panel at a town hall meeting we held orbit had ended in fiery explosions on tiree Affairs. She currently serves as a last year in Denver. Her convincing the launch pad. trustee on the TREA Senior Citizens voice for seniors will be sorely missed Every American space probe that has League Board, a position that she has here in Washington when she retires visited another planet was managed by held since 2001. She previously served from the Board of Trustees. JPL. Through the wonders of tech- as a trustee on TSCL from 1995 to 1996. I want to say a very special and per- nology, we have zoomed by Jupiter Dottie Holmes is a life member of the sonal thank you to Dottie Holmes for with Voyager, witnessed a Martian Retired Enlisted Association. She the example that she has set and for sunset with Viking, rolled across the served as the National President, the her lifetime of service. surface of Mars with our rovers, and only woman to do so. She was a Na- f marveled at Saturn’s rings with tional first Vice President, and the Na- Cassini. tional second Vice President of that or- CELEBRATING THE JET Whom do we have to thank for ganization as well. She actively served PROPULSION LABORATORY unlocking the wonders of the solar sys- on the TREA Convention, Finance, The SPEAKER pro tempore. Under a tem, for providing brilliant, three-di- Planning, Membership, Bylaws, and previous order of the House, the gen- mensional images of the Martian sur- Rules Committees during the 1990s. She tleman from California (Mr. SCHIFF) is face, for bringing us the multi-hued also served as president, Vice Presi- recognized for 5 minutes. clouds of Jupiter and the cold beauty dent, and Secretary of Chapter 1 Build- Mr. SCHIFF. Mr. Speaker, during the of Saturn? For this, we must thank the ing Board Association. past half century, from America’s first women and men of the Jet Propulsion

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3680 CONGRESSIONAL RECORD — HOUSE May 19, 2005 Laboratory in Pasadena, California. The SPEAKER pro tempore. Under a But perhaps the largest unfunded se- Under the leadership of Dr. Charles previous order of the House, the gen- curity mandate is the Federal Air Mar- Elachi, the men and women of JPL tleman from Florida (Mr. BILIRAKIS) is shal Service, the one which costs the work tirelessly to develop and manage recognized for 5 minutes. airlines $195 million every year. Under America’s robotic exploration of space. (Mr. BILIRAKIS addressed the current law Federal air marshals are Last January, even as we still House. His remarks will appear here- permitted to fly without a cost to the mourned the loss of the crew of Colum- after in the Extensions of Remarks.) Federal Government or the air mar- bia and the consequential interruption f shals. of the Shuttle program, JPL brought They sometime fly in pairs, and America back to Mars. The Spirit rover ORDER OF BUSINESS sometime sit in first class seats to and its twin, Opportunity, landed on Mr. POE. Mr. Speaker, I ask unani- allow them to better protect the cock- Mars to begin what was planned as a 3- mous consent to take my Special Order pit. But they can bump off the plane a month mission to evaluate whether at this time. paying passenger as well. The Air conditions would at one time have been The SPEAKER pro tempore. Is there Transportation Association estimates suitable for life on that planet. objection to the request of the gen- that airlines are losing $195 million a Equipped with cameras, spectrom- tleman from Texas? year in opportunity costs by losing eters and a grinder, America’s robotic There was no objection. these seats. explorers have been hard at work for Continental Airlines, a carrier based f more than 16 months and are still ought of Houston, Texas, part of my going strong. Their discovery of evi- NATIONAL SECURITY AND PUBLIC Congressional district, loses $7 to $9 dence of past water on Mars last year SAFETY million a year because they cannot sell was the top scientific ‘‘Breakthrough The SPEAKER pro tempore. Under a the seats used by Federal marshals to of the Year,’’ according to the journal previous order of the House, the gen- the public. ‘‘Science.’’ People around the world tleman from Texas (Mr. POE) is recog- I say again, national security and have been captivated by the stunning nized for 5 minutes. public safety are the responsibilities of photographs of the Martian surface and Mr. POE. Mr. Speaker, I rise today to the Federal Government. If the Federal the planet’s ruddy sky. JPL’s website discuss national security and public Government wants air marshals on our is been visited more than 16 billion safety for our country and who is re- airplanes, the Federal Government times; and, that is right, billion. sponsible for that duty. should pay for this service. Last July, Cassini arrived at Saturn The Federal Government should shell Public safety, that is the first duty of to begin a multiyear exploration of the out the money to pay for the travel of government. Local security, local pub- planet and its myriad moons. Cassini Federal air marshals, because this is a lic safety goes to local cities and local carried with it a small European-built law enforcement expense, instead of law enforcement. National security, probe that landed on Saturn’s largest saddling the expenditure on the air- national public safety is the responsi- moon, Titan, earlier this year. planes. JPL’s spectacular missions have not bility of the Federal Government. Mr. Speaker, we want the Federal air only brought us incalculable scientific But there is an unfunded public safe- marshals on our planes, and while data, they have also sustained Amer- ty mandate that is affixiating an al- many of their accomplishments remain ica’s interest in space flight, especially ready struggling industry: our airline below the radar, their presence on the Mars missions. Now, as NASA pre- industry. The airline industry is an im- thousands of domestic flights since 9/11 pares to accelerate the development of portant sector of the American econ- have helped to maintain the safety of the Crew Exploration Vehicle and move omy. With increasing fuel costs and our skies, but the Government should forward with the return of humans to taxes, the industry lost $9 billion last pay their way. the moon, the space agency and Con- year alone and has lost $32 billion since Mr. Speaker, some may argue that it gress must take care to continue to September 11, 2001. Presently, taxes is the airline’s responsibility to provide provide adequate resources to support and fees comprise 26 percent of a $200 for some reasonable security. Well, the the robotic exploration of space that is airline ticket. The flights seem to be at airplanes already cough up scores of JPL’s specialty. In the short term, JPL near capacity, yet some airlines are dollars to comply with Federal regula- is in danger of being a victim of its own losing money, and I want to mention tions. For example, the Federal Airline success as the continued operation of just one reason why. Administration reports that full de- Spirit and Opportunity have put pres- Although the Federal Government ployment of hardened cockpit doors sure on the budget for the overall ex- has taken over much of the security for meeting outlined specifications have ploration of Mars. air travel after the terrorist attacks of been implemented on about 10,000 air- Last year, the President announced a September 11, airlines are still paying liners and foreign aircraft flying to and long-term goal of landing on Mars. for national security and public safety. from the United States. This is an ambitious and worthy goal, The airline industry forks over $777 Who paid for most of this, Mr. Speak- but the technological and physiological million a year out of their own pockets er? The airlines, because the Govern- challenges, not to mention the cost, for an unfunded Federal security man- ment, our Government told them to. means that it will be decades before an date such as catering, security, secu- Still, airlines face additional expend- American walks on the Martian sur- rity for checkpoints and exit lanes, and itures in the name of safety. Video face. In the interim, we have to keep first class, or first flight cabin sweeps. monitors and other devices to alert pi- interest in space high as we continue Specifically, the people who load the lots of cabin activity as well as guns in to explore the red planet and our other peanuts on the airplanes, for example, the cockpit are just a few of the other neighbors with relatively inexpensive the airlines are forced to expend $81 efforts being undertaken by the indus- probes that are better equipped than million, not only on their salaries, but try, all of which, Mr. Speaker, cost humans to survive the extreme hard- the security checks on these caterers. money. ship of long-duration space travel. If the Government does not offer fi- b 2100 Mr. Speaker, as we continue to con- nancial assistance to implement these template the future of our space pro- The people who match your ticket technologies, who will? Once again, it gram, I urge NASA and my colleagues with your driver’s license, and then is the airlines. When will we be sub- not to deprive JPL one of the crown mark it up with a red Crayola at stantially decreasing the hundreds of jewels of the American science and checkpoints and exit lanes, airlines, millions of dollars they incur in un- technology program of adequate re- not the government, dispense roughly funded Federal security mandates? sources. For thousands of years, people $80 million on these people. Mr. Speaker, we must bring some re- have gazed into the heaven and won- And the first flight cabin sweep crew lief to these carriers by reducing these dered what was up there. Thanks to that inspects the plane prior to board- unfunded mandates that they are ex- NASA and the Jet Propulsion Labora- ing, the people who check for bombs in pected to pay. tory, we are beginning to learn the an- the bathrooms, airlines pick up a $26 I urge my colleagues to help preserve swers to that age-old question. million tab for them. this vital industry and start imploring

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3681 our Government to pay for the security Drilling for oil just is not the answer. From that point on it spread to Hells of this Nation. We need to accept the fact that fossil Angel and other biker groups on the When you are spending taxpayer fuel is a thing of the past. To solve the West Coast and has been slowly spread- money for bridges that go nowhere, current energy crisis and to prepare for ing its way from west to east across funding fish hatcheries and wasting a secure and successful future, we need the country. It is the most highly ad- precious dollars on foreign give-away to invest in conservation and renew- dictive drug that is known at the programs, we must be responsible to able and efficient sources of energy. present time, often causes complete ad- the country by securing the air. That is For example, providing tax incen- diction after only one usage. the first duty of government. tives for the construction of energy ef- It creates a euphoria that lasts be- Mr. Speaker, when the next airline ficient buildings and manufacturing tween 6 and 8 hours. There is a huge files for bankruptcy, we will all be- energy efficient heating and water dopamine release in the brain, and it is moan the tragic news, but unless we heating equipment could save 300 tril- cheap. It costs much less than heroin change our policy the Federal Govern- lion cubic feet of natural gas over 50 and cocaine, provides increased energy. ment will be responsible for putting an years. Many young mothers who have two or institution, the airline industry, on the By failing to take advantage of re- three kids and have a tremendous en- road of economic ruin, and then we will newable energy technologies, we are ergy drain become drawn to this par- ask the question what happened to the continuing to promote our national in- ticular drug. airlines in our skies. security by providing billions of dollars People who are working two jobs, f each year to repressive regimes. sometimes truck drivers who want to That is why I have reintroduced the stay awake for 2 or 3 days on end find REDUCE OUR DEPENDENCE ON smart security resolution, H. Con. Res. that methamphetamine serves their FOSSIL FUELS 158. SMART is a sensible multilateral ends. Often it always results in fairly The SPEAKER pro tempore. Under a American response to terrorism. rapid weight loss. previous order of the House, the gentle- SMART will help secure America for However, whatever goes up must woman from California (Ms. WOOLSEY) the future by preventing the threat of come down, and we find that those who is recognized for 5 minutes? terrorism, by reducing nuclear stock- are using methamphetamine usually Ms. WOOLSEY. Mr. Speaker, if we piles, eliminating the possible use of will experience, at times, extreme anx- want to reduce the threat of terrorism nuclear weapons through diplomatic iety, depression, hallucinations, many against the United States, we must means, and establishing a new Apollo times will actually sink into a psy- rust reduce America’s dependence on project to secure America’s energy chosis. foreign oil. Nothing threatens our independence. Violent behavior is often a side ef- country and our security more than Many Members of Congress under- fect. Many methamphetamine addicts our reliance on oil from repressive Mid- stand the importance of reducing our experience crank bugs. These are the dle East regimes like Saudi Arabia and dependance on foreign oil to ensure our hallucination that there is a bug un- Libya. national security, and that is why 49 of derneath the skin. As a result, in order Of the 21 million barrels of oil con- my colleagues signed on as original co- to get those bugs out, they will pick at sumed by the U.S. each day, 14 million sponsors to the SMART security reso- their skin. That will cause rather ex- are imported from other countries. lution. treme skin lesions to result. Most are imported from the Middle Mr. Speaker, our Nation’s energy and Also, when they use it orally, their East, where as we know democracy is foreign policies are interconnected. teeth disintegrate very rapidly, ex- not pervasive. This lack of democracy One cannot address one without ad- tremely quick aging, and usually death allow the authoritarian leaders of dressing the other. That is why ensues within a few years of meth- many Middle East countries to pocket SMART security promotes a new Apol- amphetamine use. billions of dollars each year from lo project that will ensure our Nation’s It always causes brain damage. And American oil purchases. energy security within the next 10 to 15 much of this brain damage is irrevers- So while the leaders of these coun- years. ible. An 18-year old who has been on tries are becoming increasingly If we fail to address this problem, we meth for a year will have a brain scan wealthy, the rest of their people fail to will only ensure the continuation of that will look very like an 80-year old benefit from the oil proceeds. Sadly, deep disparities of wealth in the Middle Alzheimer’s patient. There is so much this economic disparity allows the East. These misguided policies will en- brain tissue that has been destroyed, powerful elite to tighten their hold courage future acts of terrorism, which that the two brain scans are somewhat over their people. will encourage future warfare. indistinguishable. This repressive power structure al- And speaking of warfare, do we know It is very common to see a great deal lows the conditions which give rise to for sure that our reason for attacking of meth abuse in rural areas. And this terrorism, resource scarcity, extreme Iraq was not to take control of Iraqi’s is due to the fact that when you manu- poverty, and lack of education to run oil? Until we are independent of our facture meth, there is a very strong rampant. It is quite clear that we need need for foreign oil, we will always be odor of ether. And as a result, if you to decrease our dependance on foreign suspect. It is time to get serious about manufacture in the city, sometimes oil in order to keep America safe from our reliance on foreign oil, which will that odor is easily detectable. the threat of terrorism. lead directly to a smarter security The chief ingredient of methamphet- But there is a right way, and there is strategy. amine is pseudophedrine, a common a wrong way to accomplish this goal. f cold medicine. Oklahoma has done a Many Members of Congress have sug- fairly effective job of eliminating the gested, today in fact, that we can sim- METHAMPHETAMINE PROBLEMS meth labs by making pseudophedrine a ply drill for gas and oil off the coasts of The SPEAKER pro tempore (Mr. class V substance. And that puts it be- our shores, or in places like the Arctic MARCHANT). Under a previous order of hind the pharmacy counter. National Wildlife Refuge in Alaska to the House, the gentleman from Ne- But many other States have failed to solve our energy crisis. braska (Mr. OSBORNE) is recognized for follow suit. Other ingredients of meth- Unfortunately this suggestion is just 5 minutes. amphetamine are lithium batteries, plain wrong. In fact, drilling for oil in Mr. OSBORNE. Mr. Speaker, this drain cleaner, starter fluid, anhydrous the United States would do little to evening I would like to discuss a major ammonia, and iodine. immediately reduce our dependance on problem that is moving rapidly across It is a tremendously toxic mix, and of foreign oil, because it would take at the country. That is the problem of course it lease a lot of toxic waste. In least a decade to get a drilling oper- methamphetamine. order to clean up a methamphetamine ation up and running in ANWR or off Methamphetamines first came into lab, it will cost anywhere from $5 to our coasts, and even then there is no prominence during World War II. Many $6,000. Many of the suits that are worn telling whether there is usable oil. Japanese kamikaze pilots were given by those cleaning un those meth labs That does not sound like a com- methamphetamine to allow them to cost about $500, and they can only be prehensive energy strategy to me. No. finish their mission. used one time because of the toxicity.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3682 CONGRESSIONAL RECORD — HOUSE May 19, 2005 Some areas of middle America have b 2115 But are we following the latest ad- had as many as 1,500 to 2,000 meth labs THE DAY HAS COME TO EXIT IRAQ vice by William F. Buckley in getting per year in these States, so it a huge out? No. Unfortunately, we are doing expense to clean up, and a huge prob- The SPEAKER pro tempore (Mr. just the opposite. MARCHANT). Under a previous order of lem in terms of addiction. Paul Wolfowitz, the father of this The average meth addict, in my the House, the gentleman from Ten- war, told the House Committee on State, Nebraska, will commit roughly nessee (Mr. DUNCAN) is recognized for 5 60 crimes a year to feed that habit. So minutes. Armed Services several months ago if you have ten meth addicts in a com- Mr. DUNCAN. Mr. Speaker, in this that we would have to be in Iraq for at munity that is 600 crimes a year. If week’s Conservative Chronicle, Wil- least 10 years. that a small town that is a huge im- liam F. Buckley has a column entitled Last week, a Congressional Quarterly pact. ‘‘Day has come to Exit Iraq.’’ headline said, ‘‘with ink just dry on Much of the child abuse, child ne- He refers to the U.S. casualty figures, War Supplemental, more spending ex- glect, homicides, suicides that we see now over 1,600 dead and 11,000 wounded, pected before August.’’ in these areas are due directly to meth- and we continue to lose about 50 dead a The Congress has just approved $82 amphetamine abuse. Many counties in month, and says, ‘‘Moreover, the Iraqi billion more and now we are told we these areas spend 70 to 80 percent of deaths have increased substantially their law enforcement dollars and their will be asked for even more as early as since the national election in Janu- this coming August. manpower on meth issues. ary.’’ Our jail cells and our prisons are Mr. Buckley writes, ‘‘We are entitled Instead of getting out, as William filled. We simply cannot keep up and to say to ourselves: If the bloodletting Buckley has recommended, Congress take care of the methamphetamine is to go on, it can do so without our in- Daily reported last week that a Con- problem. So the question is, what can volvement in it.’’ gressional Research Service study Congress do with this huge problem? He adds, ‘‘The day has come where ‘‘portends a more permanent presence’’ Currently our Byrne and our HIDTA we say that our part of the job is done in Iraq and the Middle East. funds, which are high intensity drug as well as it can be done. It is Iraq’s re- The report noted approval of $2.2 bil- trafficking funds have been drastically sponsibility to move on to wherever lion for additional military construc- reduced. We need to restore these Iraq intends to go.’’ funds. This is a huge problem in terms tion in the Middle East, supporting ac- Of course, several months ago, Mr. of funding. tivities in Iraq, including $75 million The gentleman from Missouri (Mr. Buckley said that if he known in 2002 for an airfield in Kuwait, $66 million what he knows now, he never would BLUNT) and also the gentleman from for an air base in the United Arab have supported the war in Iraq in the Indiana (Mr. SOUDER) have introduced Emirates, and $43 million for a new legislation that regulates the sale of first place. runway in Uzbekistan. These words are from William F. pseudophedrine that is necessary in the At a time, Mr. Speaker, when we are Buckley, a man author Lee Edwards manufacture of methamphetamine. closing down bases in the U.S., we are described as the ‘‘godfather’’ of the And also they would provide extra building like crazy all over the world, conservative movement. funds for meth lab clean-ups. especially in Iraq and the Middle East. The gentleman from Indiana (Mr. There never was anything conserv- SOUDER’s) bill tracks manufacturers of ative about the war in Iraq. I said from I am pro-military and pro-national pseudophedrine worldwide. And of the start that it would mean massive defense, but I do not believe we can course the pseudophedrine goes to foreign aid, huge deficit spending, and shoulder the defense of the entire many of the super labs, they are only that it was not far to place almost all world. seven or eight factories for the entire burden of enforcing U.N. res- Our Founding Fathers would be pseudophedrine worldwide. And so if we olutions on our taxpayers and our mili- shocked at what we are doing, and know where those drugs are going, tary. Conservatives have traditionally most of what we have done in Iraq is where the pseudophedrine is going, we been the biggest critics of the U.N., and pure foreign aid, rebuilding roads, sev- have a pretty good idea where the the worst part of all, of course, is all eral thousand schools, power plants, super labs are. the deaths. bridges, water systems, free medical So these bills would be tremendously All to bring do not an evil man, but care and on and on and on. I believe in helpful. So I call attention to the meth one whose military budget was 2/10ths having a strong Department of De- problem, call attention to the reduc- of 1 percent of ours and who was no fense, but I do not believe it should be tion in funding, and we really need to threat to us whatsoever. a department of foreign aid. do everything we can to stamp this Two months before the House voted problem out. to authorize the war in Iraq, our then- Syndicated columnist Georgie Ann Geyer wrote, ‘‘Critics of the war f Majority leader, Dick Armey, said, ‘‘I against Iraq have said since the begin- The SPEAKER pro tempore. Under a don’t believe that America will justifi- previous order of the House, the gen- ably make an attack on another Na- ning of the conflict that Americans, still strangely complacent about over- tleman from Illinois (Mr. EMANUEL) is tion. My on view would be to let him, recognized for 5 minutes. Saddam Hussein, rant and rave all he seas wars being waged by a minority in (Mr. EMANUEL addressed the House. wants and let that be a matter between their name, will inevitably come to a His remarks will appear hereafter in he and his own country. We should not point where they will see they have to the Extensions of Remarks.) be addressing any attack or resources have a government that provides services at home or one that seeks empire f against him.’’ across the globe.’’ The SPEAKER pro tempore. Under a Mr. Armey understood there was previous order of the House, the gen- nothing conservative about the war in Seventeen American soldiers were tleman from Maryland (Mr. CUMMINGS) Iraq. killed in Iraq over the last two week- is recognized for 5 minutes. I voted in 1998 to give $100 million to ends and a few others during the week. (Mr. CUMMINGS addressed the the Iraqi opposition to help them re- Some have said if we pull out a civil House. His remarks will appear here- move Hussein. We should have let the war would erupt there. Well, what do after in the Extensions of Remarks.) Iraqis remove Hussein instead of send- my colleagues think we have there f ing our troops to fight and die there. now? The SPEAKER pro tempore. Under a Iraq had not attacked us or even We should at least stop the killing of previous order of the House, the gen- threatened to attack us, and they were American kids, heed the advice of Wil- tleman from New Jersey (Mr. PALLONE) not even able to attack us. liam F. Buckley, Junior, and begin a is recognized for 5 minutes. By the end of this year, we will have (Mr. PALLONE addressed the House. spent $300 billion in Iraq and Afghani- phased and orderly withdrawal. His remarks will appear hereafter in stan, with probably 85 to 90 percent of We cannot afford to stay there for the Extensions of Remarks.) that being in Iraq. years either in terms of lives or money.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3683 NORTH CAROLINA’S NATIONAL tleman from North Carolina (Mr. tleman from North Carolina (Mr. MIL- CHAMPIONS ETHERIDGE) is recognized for 5 minutes. LER) is recognized for 5 minutes. The SPEAKER pro tempore. Under a Mr. ETHERIDGE. Mr. Speaker, I join Mr. MILLER of North Carolina. Mr. previous order of the House, the gen- my friend the gentleman from North Speaker, there are a few things in life tleman from North Carolina (Mr. Carolina (Mr. PRICE) and my other col- about which I am certain. I am certain that the word ‘‘bar- PRICE) is recognized for 5 minutes. leagues tonight because I want to take Mr. PRICE of North Carolina. Mr. this opportunity to congratulate the becue’’ means chopped pork with a vin- Speaker, as a proud alumnus of the University of North Carolina’s men’s egar-based sauce. University of North Carolina at Chapel basketball team on their latest na- I am certain that ordering grits Hill, I am pleased to join several North tional championship. As has been al- north of Richmond is a terrible gamble. And I am certain that the order of Carolina colleagues tonight in hon- ready been stated, soon the North the universe, the plan of salvation, pro- oring our amazing Tar Heels. Carolina Tar Heels will be raising the vides that the University of North It has been six weeks since the Tar school’s fourth NCAA basketball cham- Carolina will be a national power in Heels were crowned the 2005 NCAA pionship banner in the rafters of the Dean Dome. college basketball. Men’s Basketball National Champions, Mr. Speaker, it was tough for a cou- but the news accounts of their victory In North Carolina, college basketball is as much a part of our culture as bar- ple of years, but order has been re- still paper the front door to my office. stored. My staff tells me that nearly every day becue and sweet tea. Children know whether they support Carolina or Duke With the gentleman from North a Capitol visitor spots the coverage and Carolina (Mr. MCINTYRE) I attended or Wake Forest or North Carolina walks in unannounced to say that his this year’s Final Four in St. Louis. I State before they can walk, and a good or her children want to go to UNC. honored the tradition begun by Roy basketball season is almost a birth- That is music to our ears. Williams, who was then an assistant to right in North Carolina. It has been 12 We know it is not all because of the Dean Smith, at the Final Four in New years and a few close calls since Caro- basketball program, of course. UNC Orleans in 1982: I spat in the Mis- lina’s won a championship, but after a Chapel Hill is a fine school with an ex- sissippi River for luck. cellent academic reputation. The uni- spectacular season, the nets have again I went to the top of the Gateway versity consistently ranks among the been cut and a another championship Arch, and I spat in Mississippi. I vis- Nation’s top public institutions, and trophy is in Chapel Hill. ited the Museum of Westward Expan- last year, it joined Harvard and Stan- In the NCAA champion game in sion, and I spat in the Mississippi. I ford as the only schools with pres- April, the Tar Heels defeated the Illi- visited the old courthouse where the tigious Rhodes, Luce, Truman and nois fighting Illini 75 to 70 in an out- Dred Scott case was tried, and I spat in Goldwater scholarship winners. standing display of teamwork and out- the Mississippi. Mr. Speaker, I went It sure is nice to also be among the standing talent. Led by the perform- through the weekend with a cotton Nation’s athletic elite. ance of now former players Raymond mouth. At times I was dizzy from dehy- The UNC team knows what it is to Felton and Sean May, the Tar Heels dration, all from the constant spitting, come back from adversity. The cham- played strong basketball on both ends but my efforts were amply rewarded in pionship win was especially sweet for of the court, along with the other the semifinal against Michigan State North Carolina’s three seniors, who members. They were able to make crit- and in the final against Illinois. helped lead an impressive comeback ical baskets when the game was on the North Carolina played tough defense. from freshman year challenges to the line and played tough defense that sti- They hustled they played team ball glory of that final game, and we are fled their opponent when necessary. and they won it all. well aware of the challenges next Just 2 years ago, Coach Roy Williams I am proud of my alma mater, and I year’s team will face without these came home to North Carolina to coach am proud of our basketball program. I seniors and some other fine players. a Tar Heel team coming off an 8–20 sea- am proud that our program has always But Coach Roy Williams has led son. His leadership turned a group of taken academics seriously, and even Carolina to victory once, and he is talented young men into great players those players who left early for NBA going to do it again, with the same with heart and determination. They careers have usually returned to sum- spirit and heart and dedication that he made a commitment to work hard, to mer school to complete their degrees. I inspired in this year’s championship become a better team, and now they am proud that our program has taken team. Coach Williams long ago estab- will join the ranks of other North Caro- NCAA rules seriously, and of course, I lished himself as one of the premier re- lina basketball championship players, am proud of our victories. cruiters in the country, and the tal- and the list is long, two of whom I will I want to congratulate the coaches ented class of 2006 that he has landed, mention, Michael Jordan and James and the players from the 2005 National which already includes the number one Worthy. Championship team, as well as the stu- point guard in the Nation, should give As the gentleman from North Caro- dents, the faculty and staff, the alumni us all comfort that the future we are lina (Mr. PRICE) has previously stated, and the fans. I thank our players for going have is a bright future for the UNC is well-known for producing stu- the joy they brought all Carolina fans men in Carolina blue. dent athletes who not only succeed in by their victory. So, Mr. Speaker, I suppose that to- the NBA but in every walk of life, and Next year may be tough, with our morrow we may finally take that news- this is important, from the university seven leading scorers all either grad- paper down off of the front door of my with a rich history. uating or leaving for the NBA, but office and put it in a scrapbook, but I I wish the best of luck to the grad- Jawad Williams, Jackie Manuel, Mel- am not the least bit worried. uating seniors and expect that they vin Scott, Sean May, Rashad McCants, That championship banner hanging will continue to have success in their Raymond Felton, Marvin Williams, but from the rafters in the Dean Smith future endeavor, and I am proud to join Mr. Speaker, I am confident that we Center in Chapel Hill will be there for- again my colleague the gentleman will again be back to the Final Four ever alongside the many other banners from North Carolina (Mr. PRICE) and and soon. that recount the proud history of one my other North Carolina colleagues We have talented young players from of the most storied programs in college this evening in congratulating the Uni- this year’s team, this last year’s team, basketball, and it will not be long be- versity of North Carolina players, who are returning, who welcome to our fore we have new banners to take pride coaches and their fans on this singular program a strong class of incoming in and more good news with which to accomplishment. Go Tar Heels. freshman. They are very talented high paper our front door. f school juniors who are now contem- f plating scholarship offers and the op- UNIVERSITY OF NORTH CAROLINA: portunity to be part of the Carolina UNIVERSITY OF NORTH CAROLINA A NATIONAL POWER IN COLLEGE basketball tradition. BASKETBALL CHAMPIONSHIP BASKETBALL All these incoming players will come The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a to understand what the Carolina bas- previous order of the House, the gen- previous order of the House, the gen- ketball tradition means. It is about

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3684 CONGRESSIONAL RECORD — HOUSE May 19, 2005 winning championships, but it is also Jawad Williams, the senior who could call against Villanova, and the Heels about making us proud, proud of them do it all, offensively and defensively, held on for the one-point win. A strong as athletes, as students and as human and whose faith and character were a game against Wisconsin then sent beings, and Mr. Speaker, it is about powerful witness. Carolina on to the final game in St. maintaining the order of the universe. Jackie Manuel, the 2004 defensive Louis. f player of the year in the Atlantic Coast The game brought together the two Conference; best teams in the country. It was a fit- THE DREAM HAS COME TRUE Melvin Scott, the senior whose 3- ting finale to a memorable season and The SPEAKER pro tempore. Under a point threat often opened up an oppo- an exciting NCAA tournament. Fit- previous order of the House, the gen- nent’s defense; tingly, the game was full of tension tleman from North Carolina (Mr. MCIN- David Noel, the critical cog in the and drama until the waning seconds. Il- TYRE) is recognized for 5 minutes. Tarheels explosive machine off the linois showed the perseverance and will Mr. MCINTYRE. Mr. Speaker, 9 bench; that had resulted in 37 wins, while weeks ago, 17 young men from the Uni- Marvin Williams, the fabulous fresh- Carolina showed the determination, versity of North Carolina stood here on man phenomenon whose tip-in put the unity, and the cohesion needed to the floor of this chamber. They came Carolina ahead for good in the cham- overcome a team that went undefeated here to visit us in Washington and to pionship game; and all the rest of the for much of the season. visit our national Capitol during the players managers, trainers, assistant This Carolina team, Mr. Speaker, ACC tournament. coaches, and other critical staff to would have made Dean Smith proud, Today, those same young men are whom we are grateful for their example because they won using a primary now national champions. In the 3 of excellence, their patience, passion, tenet of his Carolina way: They shared weeks following their visit to Wash- purpose, and persistence, all character- the ball and they played unselfishly. ington, they went from Chapel Hill to istics that constitute the courage and By playing as a team, they led the Na- Charlotte to Syracuse to St. Louis the commitment of champions. tion in scoring and assists, and they where the road to the National Colle- With five national championships, played at a pace very few teams could giate Athletic Association’s Final Four four of them since the NCAA officially manage. ended, and with their reign as national started the tournament, as well as 16 Therefore, on behalf of the citizens of basketball champions began. Final Four appearances, 15 ACC tour- the First Congressional District of As a double graduate of UNC, but nament titles, and over 1,850 wins, the North Carolina, my congratulations go more importantly, as a father, I was Carolina way is one that represents the to Coach Williams and to every mem- thrilled to be in St. Louis for the Final very best of those attributes which so ber of the University of North Carolina Four along with my colleague the gen- many other colleges and universities basketball team. You have made us tleman from North Carolina (Mr. MIL- emulate. proud across our State and you have LER) and so many others, to witness My wife’s sons and I were thrilled in shown us the great benefit of working the Tar Heels’ triumph, that I also March to host the National Champions as a team. Congratulations and best shared with two Carolina students, my at the national capital, and we now wishes. sons, Joshua and Stephen. look forward to their visit to the White f House. And we look forward to that b 2130 long-awaited National Championship TRIBUTE TO ANSLEY MEADERS Since they knew many of the Caro- banner, when it is raised in the rafters The SPEAKER pro tempore. Under a lina players personally, we were par- in the Dean Smith Center in Chapel previous order of the House, the gen- ticularly pleased to see this team soar Hill this fall. tleman from Georgia (Mr. GINGREY) is from the agony of an 8 and 20 season 3 May God bless those Tarheels. In- recognized for 5 minutes. years earlier, to a 34 and 4 season that deed, the dream has come true for Mr. GINGREY. Mr. Speaker, I rise exemplified the very best in the Caro- those who wear Carolina blue. today to pay tribute to the life and leg- lina tradition and the very best in col- f acy of my late friend and the former legiate basketball. Mayor of Marietta, Georgia, Mrs. With the return of Coach Roy Wil- UNIVERSITY OF NORTH CAROLINA Ansley Little Meaders. liams to his alma mater 2 years ago, a MEN’S BASKETBALL CHAMPION- Known for her quick wit, gracious rebuilding program began that ended in SHIP hugs and dedication to her community, a storybook finish. Sean May, the son The SPEAKER pro tempore (Mr. Ansley committed herself to making a of one of the best ever in Final Four MARCHANT). Under a previous order of difference for the City of Marietta and history, repeated his father’s, Scott the House, the gentleman from North its schools. May’s, exploits from the National Carolina (Mr. BUTTERFIELD) is recog- Born on one of Marietta’s oldest fam- Championship game of 1976. And Sean, nized for 5 minutes. ilies, Ansley graduated from Marietta on his birthday, April 4, became the Mr. BUTTERFIELD. Mr. Speaker, to- High School in 1964 where she was a most outstanding player of the 2005 night we have all talked about how star on the girl’s basketball team. Final Four. sweet and how wonderful it was for the After attending the University of Geor- It was a team effort, emblematic of University of North Carolina to be gia, she married her high school sweet- the Carolina way, as former Head crowned as the NCAA Champions. But heart, Frank Meaders, and followed in Coach Dean Smith would call it. There Mr. Speaker what makes this team so her father’s footsteps and spent more were a host of heroes: special is how well they exemplified than 20 years in banking. Raymond Felton, the hard-charging what it means to be a team. Upon the passing of former Marietta point guard from the little town of Winning the five games on their way Mayor Joe Mack Wilson, Ansley was Latta, South Carolina, which is just to claiming their fourth national drafted by many to seek election for across the border from my small home- championship, three different players the city’s top job. She won a special town of Lumberton, North Carolina, led the team in scoring and four play- election in the summer of 1993, and was who made the critical free-throws, a ers led the team in rebounding. Sean reelected twice more, thus serving for steal and a rebound in the closing min- May certainly earned the honor of more than 8 years, making her the utes to seal the victory over the Uni- tournament MVP. But the road to the third longest serving Marietta mayor. versity of Illinois in the championship finals required the collective effort of Ansley had a different approach to game. the entire team. politics. She was determined not to Rashad McCants, the All America After two easy wins again, Oakland allow any sort of partisanship to label swingman, whose blocked shot and and Iowa, Carolina fans collectively her. When asked whether she was a Re- steal and barrage of points against Wis- held their breath when the referee’s publican or a Democrat, she was quick consin a week earlier in Eastern Re- whistle blew in the final seconds to respond that she was a Presbyterian. gional propelled Carolina to the next against Villanova. Fear of a shooting While mayor of Marietta, Ansley was level. foul turned into the joy of a traveling known for her love of and dedication to

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3685 the city’s school system. I had the years. As a result of NAFTA, the worse deal for workers here in the honor, Mr. Speaker, as serving as United States has been exporting United States. chairman of the Marietta School Board American jobs to Mexico. Mr. Speaker, American workers need during that time, and I experienced Mr. Speaker, the countries of Central good jobs that pay good wages. They do firsthand the compassion and commit- America already receive preferential not need another NAFTA. I urge my ment she had for the schools. trade benefits. About 80 percent of ex- colleagues to join me in defeating In 1984, Ansley conceived the idea of ports from CAFTA countries enter the CAFTA. United States duty free. If CAFTA is Marietta’s Schools Foundation, an or- f ganization to support the teachers and passed, 100 percent of nontextile manu- The SPEAKER pro tempore. Under a the students of Marietta. As the orga- factured goods from Central America previous order of the House, the gen- nization’s president, Ansley presented will enter the United States duty free. tleman from California (Mr. FILNER) is the Distinguished Alumni Award at CAFTA supporters like to claim that recognized for 5 minutes. nearly every Marietta High School CAFTA will create new markets for (Mr. FILNER addressed the House. graduation ceremony for more than 20 American products, but this argument His remarks will appear hereafter in years. And each year she urged grad- is highly flawed. The six countries of the Extensions of Remarks.) uating seniors to be loyal to their alma Central America, El Salvador, Guate- mater, to their community, and to the mala, Honduras, Nicaragua, Costa f valued friendships created at Marietta Rica, and the Dominican Republic are The SPEAKER pro tempore. Under a High. among the world’s smallest economies. previous order of the House, the gen- As the city’s leader, Ansley was suc- These six countries have a combined tleman from Mississippi (Mr. TAYLOR) cessful in lowering taxes and improving economic output of only $85 billion. My is recognized for 5 minutes. city services, building a new court- home city, Metropolitan Los Angeles, (Mr. TAYLOR of Mississippi ad- house, adding two new fire stations, with a $411 billion economy, produces dressed the House. His remarks will ap- and constructing a new police head- nearly five times the volume of goods pear hereafter in the Extensions of Re- quarters. Even with all of her accom- and services as the CAFTA countries. marks.) plishments, she remained a gracious The CAFTA countries are simply just f and humble leader. too small to absorb a significant quan- Two weeks ago, on May 4, 2005, tity of American manufactured goods. b 2145 Unfortunately, the countries of Cen- Ansley Meaders suffered a fatal heart VOTE NO ON CAFTA attack while cooking dinner in her tral America also are among the poor- home. This devastating news fell over est countries. The average Nicaraguan The SPEAKER pro tempore (Mr. the community like a dark cloud, Mr. worker earns only $2,300 per year, or MARCHANT). Under the Speaker’s an- Speaker. One of our greatest commu- about $191 per month. Forty percent of nounced policy of January 4, 2005, the nity members had slipped away from Central American workers earn less gentleman from Ohio (Mr. BROWN) is us. She leaves behind her husband of than $2 per day. Central American recognized for 60 minutes as the des- more than 40 years, Frank, two chil- workers simply cannot afford to buy ignee of the minority leader. dren, Mary Ansley and Robert, and four American cars from Ohio or American Mr. BROWN of Ohio. Mr. Speaker, I precious grandchildren, Rosser, Geor- computers from California. thank the gentlewoman from Cali- gia, Trey and Hunter; and an entire Mr. Speaker, I have spent much of fornia (Ms. WATERS) for her eloquence community who loved her dearly. my time in Congress working on the in opposition to the Central American After only 59 years, Ansley’s life and issue of debt relief for poor countries. Free Trade Agreement. She obviously physical presence in her beloved Mari- Two of the CAFTA countries, Honduras understands this much better than etta, Georgia, has ended. But, Mr. and Nicaragua, are included in my leg- some of my other colleagues who have Speaker, her passing leaves Marietta islation, H.R. 1130, The Jubilee Act, not been so eloquent and thoughtful in with a legacy of service, dedication, which cancels the debts that poor their comments about this agreement. and humble leadership that will remain countries owe to multilateral institu- I rise tonight to address the House for generations to come. God bless tions like the International Monetary about the Central American Free Trade Mayor Ansley Meaders. Fund and the World Bank. In 2004, Agreement. Last year President Bush signed the Central American Free f Nicaragua paid these institutions $107 million in debt service payments. That Trade Agreement, a one-sided plan, as CAFTA is $107 million that Nicaraguans could the gentlewoman from California (Ms. The SPEAKER pro tempore. Under a not spend on American products. As WATERS) said, that will lead to more previous order of the House, the gentle- long as these countries remain heavily outsourcing. That is what this plan is woman from California (Ms. WATERS) is indented and deeply impoverished, all about, and not a plan to export recognized for 5 minutes. their people will never be able to afford American products or help American Ms. WATERS. Mr. Speaker, CAFTA, American products made by American industry. It is a one-sided plan to ben- the United States Central American workers. efit multinational corporations at the Free Trade Agreement, is yet another Any way you look at it, CAFTA is a expense of the United States and Cen- unfair trade deal that will hurt Amer- one-sided deal that offers limited bene- tral American workers, small busi- ican workers. CAFTA is the latest un- fits to foreign workers at a tremendous nesses and farmers. fair trade deal in a decade of failed cost to American workers. The only Every trade agreement negotiated by trade policies. Over the last 12 years, service these six teeny Central Amer- this administration has been ratified the United States trade deficit has ex- ican countries can provide to the by Congress within 65 days of its sign- ploded from $39 billion in 1992 to over United States is cheap labor. It is no ing. In other words, when President $618 billion in 2004. If CAFTA becomes surprise, then, that the largest share of Bush’s United States trade representa- effective, the result will be fewer jobs U.S. exports to the CAFTA countries tive negotiated the Moroccan trade for American workers. consist of fabric. This fabric is stitched agreement, when the President signed CAFTA is modeled on NAFTA, the into clothing and shipped right back to the Australia trade agreement, the North American Free Trade Agree- the United States where it is sold to Singapore trade agreement and the ment, which had and continues to have American consumers. Chilean trade agreement, all four of a devastating impact on many Amer- CAFTA is not a free-trade agreement those trade agreements, upon signature ican workers. When NAFTA was passed at all, it is an outsourcing agreement. of the President, were voted on by this in 1994, the United States had a $2 bil- It allows profit-hungry corporations to Congress and passed within 60 days. lion trade surplus with Mexico. In 2004, shift American jobs to impoverished The Central American Free Trade we had a $45 billion trade deficit in countries, where workers can be forced Agreement, which we will discuss for a Mexico. That means our trade deficit to work long hours for little pay and no few moments tonight, has languished with Mexico increased by an average of benefits. It is a bad deal for Central in Congress for nearly 1 year without a $4.7 billion per year over the last 10 American workers and it is an even vote because this wrong-headed trade

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3686 CONGRESSIONAL RECORD — HOUSE May 19, 2005 agreement offends large numbers of Mr. Speaker, these are just numbers. The President’s arguments were not Republicans and Democrats in this These numbers may say, okay, trade working, so these six presidents trav- House, and a significantly higher per- policy is not working, that is pretty eled to Albuquerque, New York, Los centage in the United States of Amer- clear, but put a human face with these Angeles, Miami, Cincinnati, Ohio in ica. numbers. Every time a community, my State. And, finally, they returned Look at what has happened with our Elyria, Ohio, in my district, when York to Washington. But again they failed. trade policy in the past decade. I was manufacturing shut down and moved The Costa Rican president announced elected to Congress in 1992, 13 years some jobs to other States, most of that his country would not ratify ago. The year I was elected, the United those jobs to Mexico, 700 families lost CAFTA unless an independent commis- States had a trade deficit of $38 billion. their major source of income. Those sion could determine that the agree- That means our country imported $38 families were hurt. Those children in ment would not hurt working people in billion more goods than we exported. those families were hurt. The school Costa Rica. As these six presidents flew Today, or last year in 2004, our coun- district in Elyria was hurt. Police and around the country, they did not con- try’s trade deficit was $618 billion. So fire protection in those communities vince the newspapers, the American it went from $38 billion to $618 billion. are cut back. public, or Congress. And one of their So what is the President’s response These numbers, whether it is 100,000; own said I am not so sure we should to that and what is the Republican 200,000 in Washington State; or 35,000 in ratify this agreement either. leadership’s response? Let us do more Oklahoma; 200,000 in Texas; 72,000 in Now the next step is the most power- trade agreements. As if they are work- Florida, these are numbers; but there ful Republican in the House, the gen- ing. It does not make sense. Opponents are human faces with these numbers. tleman from Texas (Mr. DELAY), the to the Central American Free Trade Every time a manufacturing plant House majority leader, joined by the Agreement understand these numbers. closes and moves overseas, children are Committee on Ways and Means chair- We know what has happened. We can hurt, families are hurt, schools are man, the gentleman from California look at the numbers in 1992 when it was hurt, communities are hurt. It does not (Mr. THOMAS), said there would be a $38 billion. The next year Congress make sense. vote on CAFTA by Memorial Day, passed the North American Free Trade In the face of growing bipartisan op- which is the 1-year anniversary of the Agreement, and the deficit began to position, the administration and Re- President signing the Central Amer- grow. It exceeded $100 billion in 1995. A publican leadership have tried every ican Free Trade Agreement. few years later, it exceeded $200 billion. trick in the book to pass the Central We are barely 1 week away from that Around this time Congress passed the American Free Trade Agreement. First 1-year anniversary, and still no vote in China trade agreement, the China of all, the administration, when they sight. I would add that this agreement, PNTR, Permanent Normal Trade Rela- saw the merits of the argument were unlike every other trade agreement, has been languishing in this Congress. tions with China. Then our trade def- simply not working with Congress, the Every other trade agreement sent by icit passed $300 billion, approaching American people and this Congress re- President Bush was passed within 60 $400 billion. In 2003 it exceed $500 bil- jected out of hand for the last 12 days. This trade agreement has been 11 lion; 2004 it exceeded $600 billion. And months, that is why we have not voted months and 20-some days still without we are on a path in 2005 to see our on the Central American Free Trade a vote because the people of this coun- trade deficit continue to explode to Agreement for a whole year, it is clear try, in this Congress, the people’s rep- over $700 billion. they rejected out of hand those argu- resentatives, simply do not buy that It is the same old story. Every time ments that the administration and the our trade policy is working. there is a trade agreement, the Presi- largest corporations in our country Mr. Speaker, look at these numbers. dent of the United States promises were making about the Central Amer- How can you make the argument that more jobs for Americans, promises ican Free Trade Agreement. trade policy in America is working more manufacturing done in our coun- So what did the administration do? when we have gone from a $38 billion to try, promises a higher standard of liv- They linked the Central American Free a $618 billion trade deficit in only 12 ing for Americans, promises better Trade Agreement to fighting the war years when we have pursued these wages for workers in developing coun- on terror. They said that if we do not kinds of NAFTA-like trade policies. tries, and promises a higher standard pass the Central American Free Trade Understand, CAFTA rhymes with of living in poor countries. Agreement, it would cause problems in NAFTA for a reason. CAFTA is very Yet with every trade deficit, every fighting the war on terror. Well, that similar to NAFTA. It is the same kind single time, NAFTA, China, and every argument, nobody really bought that of trade agreement; we will see the other trade agreement, with every argument. Republicans and Democrats same kind of results. It is simply not trade agreement the promises fall by did not buy it, in part because 10 years working. the wayside in favor of large business of the North American Free Trade Last month two dozen Democrats interests, not small manufacturing, Agreement has done nothing to im- and Republicans in Congress joined machine shop owners, but big business prove border security between the more than 150 business groups and interests. They fall by the wayside in United States and Mexico. That argu- labor organizations on the steps of one favor of big businesses interests that ment simply does not sell. of the House office buildings saying send U.S. jobs overseas and exploit So the administration tried some- vote ‘‘no’’ on the Central American cheap labor abroad. thing else. First their arguments were Free Trade Agreement. Last week This chart, this is the last 6-or-so not working. Then they tried to play more than 400 workers and Members of years and what has happened to manu- the terrorism card, that we need this Congress gathered again in front of the facturing in our country. The States in trade agreement with these six coun- Capitol saying vote ‘‘no’’ on CAFTA. red are States that have lost a particu- tries in order to fight the war on ter- Why? It is simple. Because Repub- larly high percentage, more than 20 ror. The next thing they tried was 2 licans and Democrats, business and percent of their manufacturing. All of weeks ago the United States Chamber labor groups know what the adminis- these States have lost more than 20 of Commerce, allies of the President on tration refuses to admit. What the gen- percent of their manufacturing jobs as passing this agreement, representing tlewoman from California (Ms. WA- these trade agreements have kicked in the largest companies in America, the TERS) said, CAFTA is about one thing and taken effect. Michigan, 210,000; Illi- U.S. Chamber of Commerce put to- and one thing only: CAFTA is about nois, 224,000; Ohio, 216,000; Pennsyl- gether a junket for those presidents to access to cheap labor. We know that vania, 199,600; New York, 220,000; North travel to the United States. CAFTA is about access to cheap labor Carolina, 228,000. Smaller States, Mis- Those six presidents, five Central simply because Central American sissippi, Alabama, South Carolina, American presidents and the Domini- countries cannot afford to buy Amer- West Virginia, Maine, and Massachu- can Republic president flew around the ican goods. Let me explain what that setts, have lost somewhere in the vicin- United States hoping to sell CAFTA. means. ity of 50,000 to 150,000 manufacturing Large businesses in the U.S. had not About 5 years ago, Mr. Speaker, I jobs. changed the American people’s minds. flew at my own expense to McAllen,

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3687 Texas, rented a car and went across the trade policy. Nicaraguans, Guate- U.S. goods. As I said, the average work- border to Reynosa, Mexico. I wanted to malans, Hondurans make about one- er in Nicaragua earns $3,800 a year. see the face of globalization. I wanted tenth what Americans make. An Amer- That is simply not enough to buy to see what the North American Free ican makes about $38,000 average a American products and it is not enough Trade Agreement after 5 or 6 years in year. In many cases, middle-class to mean any kind of exports from the effect, what it really meant for our Americans make enough to buy a car, United States to those countries. country, what it meant to Mexico, to buy a home, to send their kids to Frankly, the Central American Free what it meant to our relations, and on college, to purchase washing machines Trade Agreement should be called the the border. and to purchase appliances and to pur- Central American Free Labor Agree- I went to Reynosa, Mexico. I visited chase carpet and all the things that ment. That is what it is all about. It is a couple who worked at General Elec- they buy. Unfortunately, Guatemalans not about trade. It is about tric Mexico, 3 miles from the United and Hondurans and Nicaraguans, be- outsourcing cheap labor. States. Their home was a small shack, cause their wages are so low, because I mentioned a minute ago that these maybe 20 feet by 15 feet. They lived in the global economy is not working for presidents from these five Central a home with no electricity, no running them, they simply cannot afford to American countries and the Dominican water, with dirt floors. When it rained make these purchases. So this Central Republic traveled to the United States hard, the dirt floors turned to mud. As American Free Trade Agreement, it is on a tour to Albuquerque and Cin- I walked around their neighborhood, I about sending American jobs to Nica- cinnati and to Los Angeles and to saw other shacks that looked a lot like ragua, Guatemala, Honduras, Costa Washington and Miami. With all due theirs. Amazingly enough, I could tell Rica and the Dominican Republic. It is respect to the Central American lead- where the workers worked because about sending these jobs there where ers who toured our Nation 2 weeks ago, their shacks were built, their homes these workers simply are not going to and we should welcome them, what were built out of packing material make enough money to buy American they did not say and what millions of from the companies for which they products. It is not about those people us know already as they campaigned worked. Cardboard boxes, crates, wood- in those countries purchasing goods for this agreement is that millions of en platforms, that is how they con- made in the United States. We are los- their workers in addition to tens of structed their roof and walls and their ing manufacturing jobs. Our overall millions of American workers simply homes. trade deficit continues to increase. You do not like this trade agreement. What As I walked around their neighbor- can bet that Guatemalan workers can- they did not tell reporters is that more hood, I saw a ditch behind their home not afford to buy cars made in Ohio. than 8,000 Guatemalan workers pro- that was maybe 4 feet wide. Who knows Nicaraguan workers cannot afford to tested against CAFTA in March. Two what human waste and industrial buy steel made in West Virginia. Hon- of them were killed by government se- waste was running through this ditch. duran workers cannot afford to buy curity forces. They did not tell us that Children were playing nearby. The software made in Seattle or prime beef tens of thousands of El Salvadorans American Medical Association said the cuts from Nebraska or apparel from protested CAFTA 2 years ago. They did area around the U.S-Mexican border is Georgia or textiles from North Caro- not tell us about 18,000 letters sent last the most toxic place in the western lina, simply because in these trade year to the Honduran congress by Hon- hemisphere. agreements we are doing nothing to lift duran workers that decried this dys- We then went to a General Motors up wages in these six countries. No en- functional cousin of the North Amer- plant not far from these workers’ forceable labor standards, no enforce- ican Free Trade Agreement. They did homes. The General Motors plant able environmental standards, no ef- not tell us about the 10,000 people in looked just like a General Motors plant forts by the Central American Free Nicaragua who protested CAFTA in in Ohio. It looks just like the Trade Agreement to lift up worker 2003. They did not tell us about the Lordstown plant in northeast Ohio. It standards so those workers can join the 30,000 CAFTA protesters this past fall looked just like a Chrysler plant in middle class and they can begin to buy in Costa Rica. They did not tell us that Twinsburg. It looked just like a Ford American products. These trade agree- literally hundreds of thousands of plant in Avon Lake or Lorain, Ohio. ments are all about shipping jobs over- workers have protested the Central As you walked through this plant, it seas, are all about outsourcing labor, American Free Trade Agreement, was modern; the technology was up to are all about American companies and workers in Central America, in more date. The floors were clean; the work- Taiwanese companies and South Ko- than 45 demonstrations in the last 3 ers were working hard. There was one rean companies and other countries’ years. difference between the plant in Mexico companies going to Central America to Trade pacts like NAFTA and CAFTA and the plant in Lorain, Ohio. The dif- exploit cheap labor and to exploit those enable companies to exploit cheap ference was there was no parking lot at workers. There is a falling minimum labor, then import those products back the plant in Mexico. Why? Because wage, the ongoing nightmare of abject to the United States. I repeat, that is Mexican workers were not making poverty for these workers despite back- what these trade agreements are about. enough, 3 miles from the United breaking work and deplorable working They are about shutting down Amer- States, were not making enough to buy conditions. ican factories, moving these factories the cars that they make, 3 miles from CAFTA’s nations are not only among to Central America as they did to Mex- the United States. the poorest countries, they are among ico, exploiting workers, paying them You could go halfway around the the smallest economies. The entire barely a livable wage let alone a living world to a Motorola plant in Malaysia, economic output of these six CAFTA wage, paying them barely a livable the workers were not earning enough countries, five in Central America and wage, then sending products back into to buy the cell phones that they make. the Dominican Republic, the entire the United States. As a result, America You could come halfway back around combined economic output is $62 bil- is bleeding manufacturing jobs and the world to Costa Rica to a Disney lion. That is equivalent to the eco- running unprecedented trade deficits. plant, the workers were not earning nomic output of Columbus, Ohio; Again, look at the trade deficit, from enough to buy the toys for their chil- equivalent to the economic output of $38 billion to $618 billion in a dozen dren that they were making. You could Memphis, Tennessee; or equivalent to years. President Bush, Sr., back in 1992 fly halfway around the world again to the economic output of Orlando, Flor- when we had a trade deficit of $38 bil- the People’s Republic of China, to Com- ida. lion, he said, $1 billion in trade deficit munist China to a Nike plant, and the CAFTA, as I said, it is not about ex- translates into 12,000 lost jobs. So if workers were not making enough to porting American production or goods, you have a trade surplus of $1 billion, buy the shoes that they make. it is not about Americans making you increase 12,000 jobs. If you have a things and selling them to Central deficit of $1 billion, you lose 12,000 jobs. b 2200 America, it is about access to cheap Multiply that by $618 billion and you The Central American Free Trade labor and exporting American jobs see the kind of job loss, perhaps as Agreement represents that kind of much more than it ever is exporting much as 7 million jobs lost because of

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3688 CONGRESSIONAL RECORD — HOUSE May 19, 2005 our manufacturing and trade policy in any aviation security, we do not ad- the gentleman from Pennsylvania (Mr. this country. dress chemical security. There are a WELDON); the chairmen and ranking What we are seeing, Mr. Speaker, is number of things that we could do bet- members of our five subcommittees, America is bleeding with our trade def- ter in this bill. and the Staff Directors on both sides, icit, and bleeding manufacturing jobs However, I have to join my chairman Ben Cohen on the Majority side and from our country. Again, all these in recognizing the fact that this is our Calvin Humphreys on the minority States in red in the last 5 years have first attempt to do an authorization side. The staffs have done extraor- lost more than 20 percent of their man- bill. It is by no means complete, but dinary professional work, and their ufacturing jobs. All the States in blue given his leadership and willingness to staffs are drawn from, in many cases, have lost at least 15 percent of their work in a bipartisan spirit, I am look- the executive branch, with experience manufacturing jobs. Basically every ing forward to moving this legislation about precisely the work and the pro- large State, every single large State in and making sure that we do the right grams that we are overseeing in this this country: California, Texas, Flor- thing for this country. We have to se- legislation. Many of them have come ida, North Carolina, Georgia, Ohio, cure this Nation. from the intelligence community, oth- Pennsylvania, New York, Michigan, Il- I will be offering a substitute later in ers come from the Coast Guard and linois, Wisconsin, Minnesota. Every the debate which obviously will cover other branches of the armed services. single large State has lost at least 15 far more areas than what this author- We can be very proud in this House percent, one out of six manufacturing ization bill covers that we are debating about the institutionalization of the jobs in this country in the last 5 years. here today. role of homeland security oversight Again, those manufacturing jobs, los- Clearly, if we support the substitute, and authorization that has been set in ing those jobs, they are not just num- we can move closer to making America motion as a result of a decision of lead- bers. They are about families, they are secure. ership on both sides, and I want to con- about children, they are about schools Mr. Chairman, I yield back the bal- clude by taking this opportunity, once and they are about communities and ance of my time. again, to thank the House leadership police and fire and making our commu- Mr. COX. Mr. Chairman, I yield my- for its very wise decision to create per- nities prosperous. Gregory Mankiw, the self such time as I may consume. manent authorizing and oversight re- President’s former Chief Economist, Mr. Chairman, I want to begin by sponsibility in this Congress on an in- portrayed the exporting of jobs as inev- thanking the gentleman from Mis- stitutionalized basis, and then, today, itable and desirable. He said, ‘‘When a sissippi (Mr. THOMPSON), both for his taking the next important step of in- good or service is produced more generous remarks but, more impor- stitutionalizing an annual authoriza- cheaply abroad, it makes more sense to tantly, for his hard work on this piece tion process so that together the legis- import it than to provide it domesti- of legislation over a period of several lative branch and the executive branch cally.’’ months and, as he pointed out, through will closely collaborate on what is the Unfortunately, that is the attitude of ultimately a very long, arduous mark- essence of our national security re- the administration. That is the atti- up in the committee where members on sponsibility to all Americans: making tude of people who have written this both sides had an unlimited oppor- sure that we are safe and secure on trade policy that have led to these tunity to offer amendments and con- American territory for the American kinds of manufacturing job losses and sider a variety of topics. citizens. have led to these kinds of trade deficits As we conclude general debate and So, Mr. Chairman, with that, I will and that is the attitude of people who prepare to move into debate on the spe- draw this general debate to a conclu- are pushing the Central American Free cific amendments on this bill, I think sion, and I look forward to working Trade Agreement. we can recognize one important fact, with the body on the several amend- What really instead, Mr. Speaker, and that is that we are all agreed on ments that have been made in order makes sense is a trade policy that lifts the essence of the underlying bill. We under the rule. workers up in rich countries like ours, have some things, each of us, that we Mr. Chairman, I will at this time in- in poor countries like Costa Rica and might like to add to this bill, and I pre- troduce into the RECORD a series of let- Honduras and Guatemala and the Do- dict that in due course, over the rest of ters exchanged between the Committee minican Republic and Nicaragua, while this year, we will have an opportunity on Homeland Security and other stand- respecting human rights and demo- again on this House floor to take up ing committees, including the Perma- cratic principles. The United States issues, including aviation security, nent Select Committee on Intelligence with its unrivaled purchasing power, chemical security, port security, and of the House of Representatives, con- the greatest in history, and its enor- so on. cerning jurisdictional issues raised by mous economic clout, again the great- But the entirety of what we do ac- this legislation. est in history, we as a Nation are in a complish in this bill is bipartisan in COMMITTEE ON GOVERNMENT REFORM, unique position to help empower poor nature and agreed upon by the mem- Washington, DC, May 18, 2005. workers in developing countries while bers on both sides of the aisle, at least Hon. CHRISTOPHER COX, Chairman, House of Representatives, promoting prosperity at home. in the Committee on Homeland Secu- rity, and we will soon see about the Washington, DC. When the world’s poorest people can DEAR MR. CHAIRMAN: Thank you for your buy American products rather than House as a whole. That is because we willingness to consult and work with me as just make them, then we will know, have allocated the $32 billion, for what you guided H.R. 1817, ‘‘the Department of Mr. Speaker, finally that our trade is now the third largest Cabinet depart- Homeland Security Authorization Act for policies are working. ment, in a way that demonstrably ad- Fiscal Year 2006’’ from introduction, through the Homeland Security Committee, and to f vances our number one goal of preventing terrorism in the future on the floor. As you know, the Committee on OMISSION FROM THE CONGRES- American soil, directed against Amer- Government Reform has been interested in a number of provisions within H.R. 1817. The SIONAL RECORD OF WEDNES- ican citizens, protecting America’s DAY, MAY 18, 2005 AT PAGE H3462 Committee has been concerned that the ex- most critical infrastructure against pansion of the Department’s responsibilities Mr. COX. Mr. Chairman, I yield to terrorist attack, and being prepared to for information sharing in Title II, Subtitle the gentleman from Mississippi for respond and recover should, against all B, Homeland Security Information Sharing purposes of closing debate. our best preparations, that ever occur and Analysis Enhancement, not lessen the Mr. THOMPSON of Mississippi. Mr. in the future. Department’s responsibility to follow gov- Chairman, I yield myself such time as In order to bring us to this point, we ernment-wide policies and procedures for the I may consume. have had to have a great deal of bipar- sharing of information. In addition to the in- We have heard a number of state- formation sharing provisions of Subtitle B, tisan assistance, all motivated by the the Committee has specific jurisdictional in- ments about this bill. It is an initial best interests of the country from terests in the following provisions of your step in the right direction. It is not Members on both sides. substitute: § 201—Consolidated Background comprehensive. There are some glaring I specifically want to mention the Check Process; § 216—Coordination of home- overlooks in the bill. We do not address vice chairman of the full committee, land security threat analysis provided to

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3689 non-Federal officials; § 217—9/11 Homeland you for your assistance as we work towards ment of Homeland Security Authorization Security Fellows Program; § 221—IAIP Per- the enactment of H.R. 1817. Act for Fiscal Year 2006.’’ sonnel Recruitment; § 302—Technology De- Sincerely, Sincerely, velopment and Transfer; § 303—Review of CHRISTOPHER COX, CHRISTOPHER COX, Antiterrorism Activities; Title III, Subtitle Chairman. Chairman. B—Department of Homeland Security Cybersecurity Enhancement; § 334—Protec- COMMITTEE ON WAYS AND MEANS, COMMITTEE ON AGRICULTURE, tion of Information; and § 502—GAO Report Washington, DC, May 2, 2005. HOUSE OF REPRESENTATIVES, to Congress. Washington, DC, May 13, 2005. Hon. CHRISTOPHER COX, I would like to confirm our mutual under- Chairman, Committee on Homeland Security, Hon. CHRISTOPHER COX, standing with respect to the consideration of House of Representatives, Washington, DC. Chairman, Committee on Homeland Security, H.R. 1817. As you know, H.R. 1817 was sequen- Adams Building, Washington, DC. DEAR CHAIRMAN COX: On April 27, 2005, the tially referred to the Committee on Govern- DEAR CHAIRMAN COX: I am writing con- Committee on Homeland Security ordered ment Reform. Because of your willingness to cerning H.R. 1817, the ‘‘Department of Home- reported a committee print titled the, ‘‘De- work with us to resolve issues of concern to land Security Authorization Act for Fiscal partment of Homeland Security Authoriza- the Committee and to include those im- Year 2006,’’ which the Committee on Home- provements to the bill in your amendment in tion Act for Fiscal Year 2006.’’ Section 309 of land Security reported on May 3, 2005. Subse- the nature of a substitute on the floor, the the bill, which provides for a report to Con- quently, the Committee on Ways and Means Committee on Government Reform did not gress on protecting agriculture from ter- received a joint, sequential referral on the consider H.R. 1817. However, the Committee rorist attack, falls within the jurisdiction of bill for a period not ending later than May has done so only with the understanding that the Committee on Agriculture. Recognizing 13, 2005. this procedural route would not prejudice your interest in bringing this legislation be- As you know, the Committee on Ways and the Committee on Government Reform’s ju- fore the House quickly, the Committee on Means has jurisdiction over trade and cus- risdictional interest and prerogatives on this Agriculture agrees not to seek a sequential toms revenue functions. A range of provi- bill or similar legislation. referral of the bill. By agreeing not to seek sions in H.R. 1817 affects the Committee’s ju- a sequential referral, the Committee does risdiction, including: authorization language I respectfully request your support for the not waive its jurisdiction over this provision for the Department of Homeland Security, a appointment of outside conferees from the or any other provisions of the bill that may required review of trade documents that ac- Committee on Government Reform should fall within its jurisdiction. The Committee company crossborder shipments, a required this bill or a similar Senate bill be consid- also reserves its right to seek conferees on plan to reduce disparities in customs proc- ered in conference with the Senate. Finally, any provisions within its jurisdiction consid- essing at major airports, a requirement that I would ask that you include a copy of our ered in the House-Senate conference, and certain recommendations of a commercial exchange of letters on this matter in the asks for your support in being accorded such advisory committee representing the trade Congressional Record during the House de- conferees. community be embodied in new regulations, bate of this bill. If you have questions re- a requirement of a study of the potential Please include this letter as part of the regarding this matter, please do not hesitate merger of the Department of Homeland Se- port on the Department of Homeland Secu- to call me. Thank you for your attention to curity bureau implementing most customs rity Act for Fiscal Year 2006, or as part of this matter. revenue functions with the bureau charged the Congressional Record during consider- Sincerely, with immigration enforcement, and author- ation of this bill by the House. TOM DAVIS, ization of a program that would merge secu- Sincerely, Chairman. rity and customs revenue inspection equip- BOB GOODLATTE, ment and requirements. Chairman. COMMITTEE ON HOMELAND SECURITY, I am pleased to acknowledge the agree- Washington, DC, May 18, 2005. ment, outlined in the attached chart, be- Hon. TOM DAVIS, COMMITTEE ON HOMELAND SECURITY, tween our Committees to address various Chairman, Committee on Government Reform, Washington, DC, May 16, 2005. issues, including changes you will include in House of Representatives, Washington, DC. Hon. BOB GOODLATTE, the Manager’s Amendment to the bill. Thus, Chairman, Committee on Agriculture, DEAR MR. CHAIRMAN: Thank you for your in order to expedite this legislation for floor recent letter regarding the Committee on Washington, DC. consideration, the Ways and Means Com- mittee agrees to forgo action on this bill Government Reform’s jurisdictional interest DEAR MR. CHAIRMAN: Thank you for your in H.R. 1817, ‘‘the Department of Homeland recent letter expressing the Agriculture based on the agreement reached by our Com- Security Authorization Act for Fiscal Year Committee’s jurisdictional interest in sec- mittees and that no other provisions affect- 2006’’, and your willingness to forego consid- tion 309 of the ‘‘Department of Homeland Se- ing the jurisdiction of the Ways and Means eration of H.R. 1817 by the Committee. curity Authorization Act for Fiscal Year Committee are included in the Manager’s 2006.’’ I appreciate your willingness not to Amendment. This is being done with the un- I agree that the Committee on Government derstanding that it does not in any way prej- seek a sequential referral in order to expe- Reform has a valid jurisdictional interest in udice the Committee with respect to the ap- dite proceedings on this legislation. I agree particular sections of H.R. 1817, and that the pointment of conferees or its jurisdictional that, by not exercising your right to request committee’s jurisdiction with respect to prerogatives on this or similar legislation. In a referral, the Agriculture Committee does those provisions will not be adversely af- addition, I would appreciate if you would not waive any jurisdiction it may have over fected by the Committee’s decision to not share with my staff copies of the amend- section 309. In addition, I agree to support consider H.R. 1817. In addition, I agree that ments when they are made available to the representation for your Committee during for provisions of the bill that are determined Homeland Security Committee staff. the House-Senate conference on provisions to be within the jurisdiction of the Com- I would appreciate your response to this determined to be within your Committee’s mittee on Government Reform, I will sup- letter, confirming this understanding with jurisdiction. port representation for your Committee dur- respect to H.R. 1817, and would ask that a ing conference with the Senate on this or As you have requested, I will include a copy of our exchange of letters on this mat- similar legislation, should such a conference copy of your letter and this response as part ter be included in the Congressional Record be convened. of the Committee on Homeland Security’s during floor consideration. As you have requested, I will include a report or the Congressional Record during Best regards, copy of your letter and this response in the consideration of the legislation on the House BILL THOMAS, Congressional Record during consideration floor. Thank you for your cooperation as we Chairman. of the legislation on the House floor. Thank work towards the enactment of the ‘‘Depart- Attachment. WAYS AND MEANS AMENDMENTS AND LEGISLATIVE HISTORY RELATED TO HOMELAND SECURITY AUTHORIZATION BILL

Issue HSC and W&M agreed changes

Sec. 103—CBP Authorization (includes amount in Customs Reauthorization bill Insert CBP Authorization number—$6,926,424,722 in the Manager’s Amendment. passed by the House in 2004, along with additions identified by W&M and Number may be adjusted, but any change would be fully cleared between HSC and Ways and Means. HSC). Sec. 201(b)—Annual cross-cutting analysis of proposed funding for DHS pro- Delete 201 (b)(1)(D) and replace with ‘‘(1)(D) To facilitate trade and commerce;’’ grams. Add 201 (b)(1)(E)—‘‘To carry out other important functions of the agencies and subdivisions within the Department not specifically noted above.’’ Under 201 (b)(2)—Delete the following language: ‘‘for functions that are both related directly and not related directly to homeland security’’ and add: ‘‘for functions that would address more than one of the mission areas listed in (b)(1)(A) through (E) of this subsection.’’ Rewrite 201(b)(3)(F) to state ‘‘(F) Screening cargo to identify and segregate shipments at high risk for compromise by terrorists or terrorist weapons,’’ rather than ‘‘screening cargo to identify and segregate high-risk shipments.’’ Sec. 306—Security of Maritime Cargo Containers (Sanchez Amendment) ...... Amend Sec. 306(a) to read: ‘‘(a) STANDARDS AND REGULATIONS—

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Issue HSC and W&M agreed changes

(1) STANDARDS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish standards and procedures for securing maritime cargo containers relating to obligation to seal, recording of seal changes, modal changes, seal placement, ocean carrier seal verification, and addressing seal anomalies. These standards shall include the standards for seals and locks as required under paragraph (3) of subsection (b) of section 70116 of Title 46 U.S.C. (2) REGULATIONS.—No later than 90 days after completion of the requirements in subsection (a), the Secretary of Homeland Security shall issue regulations for the security of maritime cargo containers consistent with the standards developed in subsection (a).’’ Amend Sec. 306(b) to read: ‘‘(b) INTERNATIONAL AGREEMENTS.—The Secretary, in consultation with the Department of State, Department of Commerce, Department of the Treasury, Office of the United States Trade Representative, and other appropriate Federal agencies, shall seek to enter into agreements with foreign countries and international organizations to establish standards for the security of maritime cargo containers moving within the intermodal transportation system that, to the maximum extent practicable, meet the requirements of subsection (a).’’ Amend Sec. 306(c) to read ‘‘(c) CONTAINER TARGETING STRATEGY.—STRATEGY.—The Secretary shall develop a strategy to improve the ability of the De- partment of Homeland Security to use advance cargo information to identify anomalies in such information to determine whether such cargo poses a security risk. The strategy shall include a method of contacting shippers to verify or explain any anomalies discovered in such information.’’ Will include acknowledgement in legislative history that ‘‘It is intended that the advance cargo information referred to in Section 306(c) should be provided to the government by the party that has the most direct knowledge of that information consistent with Public Law 107–210 Section 343(a)(3)(B).’’ Amend Section 306(d) to read: ‘‘(d) CONTAINER SECURITY DEMONSTRATION PROGRAM.—(1) PROGRAM.—The Secretary is authorized to establish and carry out a demonstration program that integrates radiation detection equipment with other types of non-intrusive inspection equipment at an appropriate United States seaport, as determined by the Secretary. (2) REQUIREMENT.—The demonstration program shall also evaluate ways to strengthen the capability of Department of Homeland Security personnel to analyze cargo inspection data and ways to improve the transmission of inspection data between appropriate entities within the Department of Homeland Security.’’ Amend Section 306(e) to read: ‘‘(e) COORDINATION AND CONSOLIDATION OF CONTAINER SECURITY PROGRAMS.—The Secretary shall coordinate all programs that enhance the security of maritime cargo, and, to the extent practicable, consolidate Operation Safe Commerce, the Smart Box Initiative, and similar programs that evaluate security enhancements for maritime cargo containers, to achieve enhanced coordination and efficiency. The Secretary shall report to the appropriate Congressional committees before consolidating any program mentioned in this subsection.’’ Add new Sec. New Section 306(f): ‘‘DEFINITION.—In this section, the tenn ‘appropriate congressional committees’ means appropriate Congressional Com- mittees as defined in the Homeland Security Act of 2002.’’ Sec. 401—Study by Sec. of DHS on Organization of DHS ...... Section 401(b)(I)—delete ‘‘to the Committee on Homeland Security of the House of DHS on Organization of Representatives and the Committee on Home- land Security and Government Affairs of the Senate’’ and replace with ‘‘to the appropriate Congressional Committees as defined in the Homeland Secu- rity Act of 2002.’’ Section 402—GAO Report on DHS Organization ...... Insert at the end of this section: ‘‘The report shall be submitted to the appropriate Congressional committees as defined in the Homeland Security Act of 2002.’’ See. 403—Plan for Establishing Consolidated and Colocated Regional Offices .. If Sec. 403, or a similar provision is included in the bill, amend that section by adding at the end of the section: ‘‘In developing the plan, the Secretary shall ensure that the plan does not compromise the uniform and consistent implementation and application of laws, policies and procedures related to customs processing operations.’’ Sec. 404—Plan to Reduce Wait Times ...... Amend Sec. 404(2) to include ‘‘passenger’’ following ‘‘customs’’. Ways and Means Customs Bill ...... In addition to the authorization for CBP, include all other Customs sections of HR 4418 as passed by the House that were not already enacted as part of other laws—Secs. 102, 104, 124, and 125.

HOUSE OF REPRESENTATIVES, lating to military technology). Recognizing floor. Thank you for your cooperation as we COMMITTEE ON HOMELAND SECURITY, your interest in bringing this legislation be- work towards the enactment of the ‘‘Depart- Washington, DC, May 13, 2005. fore the House quickly, the Committee on ment of Homeland Security Authorization Hon. WILLIAM THOMAS, Armed Services agrees not to seek a sequen- Act for Fiscal Year 2006.’’ Chairman, Committee on Ways and Means, tial referral of the bill. By agreeing not to Sincerely, Longworth House Office Building, Wash- seek a sequential referral, the Committee CHRISTOPHER COX, ington, DC. does not waive its jurisdiction over these Chairman. DEAR MR. CHAIRMAN: Thank you for your provisions or any other provisions of the bill recent letter expressing the Ways and Means that may fall within its jurisdiction. The Committee’s jurisdictional interest in H.R. Committee also reserves its right to seek HOUSE OF REPRESENTATIVES, PER- 1817, the ‘‘The Department of Homeland Se- conferees on any provisions within its juris- MANENT SELECT COMMITTEE ON IN- curity Authorization Act for Fiscal Year diction considered in the House-Senate con- TELLIGENCE, 2006.’’ I appreciate your willingness to forgo ference, and asks for your support in being Washington, DC, May 16, 2005. action on this bill, in order to expedite this accorded such conferees. Hon. CHRISTOPHER COX, legislation for floor consideration. I agree Please include this letter as part of the re- Chairman, Committee on Homeland Security, that, by forgoing further action on the bill, port, if any, on the Department of Homeland House of Representatives, Washington, DC. the Committee on Ways and Means does not Security Act for Fiscal Year 2006 or as part DEAR MR. CHAIRMAN: In recognition of the waive any jurisdiction it has over provisions of the Congressional Record during consider- importance of expediting the passage of H.R. within H.R. 1817 and the Manager’s amend- ation of this bill by the House. 1817, the ‘‘Department of Homeland Security ment. This is being done with the under- Sincerely, Authorization Act for Fiscal Year 2006,’’ the standing that it does not in any way preju- DUNCAN HUNTER, Permanent Select Committee on Intelligence dice the Ways and Means Committee with re- Chairman. hereby waives further consideration of the spect to the appointment of conferees or its bill. The Committee has jurisdictional inter- jurisdictional prerogatives on this or similar OUSE OF EPRESENTATIVES H R , ests in H.R. 1817, including but not limited to legislation. We will also share with you cop- COMMITTEE ON HOMELAND SECURITY, intelligence activities within the Depart- ies of any amendments as they are made Washington, DC, May 2, 2005. ment of Homeland Security authorized with- available to us. Hon. DUNCAN HUNTER, in the National Intelligence Program. As you have requested, I will include a Chairman, Committee on Armed Services, copy of your letter and this response as part Rayburn House Office Building, Washington, The Committee takes this action only with of the Congressional Record during consider- DC. the understanding that this procedural route ation of the legislation on the House floor. DEAR MR. CHAIRMAN: Thank you for your should not be construed to prejudice the Thank you for your cooperation as we work recent letter expressing the Armed Services House Permanent Select Committee on towards the enactment of H.R. 1817. Committee’s jurisdictional interest in Sec- Intelligence’s jurisdictional interest over Sincerely, tion 222 and the working group on transfer of this bill or any similar bill and will not be CHRISTOPHER COX, military technologies established under Sec- considered as precedent for consideration of Chairman. tion 302(b) of the ‘‘Department of Homeland matters of jurisdictional interest to the Security Authorization Act for Fiscal Year Committee in the future. In addition, the COMMITTEE ON ARMED SERVICES, 2006.’’ I appreciate your willingness not to Permanent Select Committee on Intelligence HOUSE OF REPRESENTATIVES, seek a sequential referral in order to expe- reserves the possibility of seeking conferees Washington, DC, May 2, 2005. dite proceedings on this legislation. I agree on any provisions of the bill that are within Hon. CHRISTOPHER COX, that, by not exercising your right to request its jurisdiction during any House-Senate Chairman, Committee on Homeland Security, a referral, the Armed Services Committee conference that may be convened on this leg- House of Representatives, Adams Building, does not waive any jurisdiction it may have islation. Library of Congress, Washington, DC. over the relevant provisions of Sections 222 DEAR MR. CHAIRMAN: On April 27, 2005, the and 302(b). In addition, I agree to support Finally, I would ask that you include a Committee on Homeland Security ordered representation for your Committee during copy of our exchange of letters on this mat- reported a committee print, the ‘‘Depart- the House-Senate conference on any provi- ter in the Congressional Record during the ment of Homeland Security Authorization sions determined to be within your Commit- House debate on H.R. 1817. I appreciate the Act for Fiscal Year 2006.’’ This bill contains tee’s jurisdiction. constructive work between our committees provisions that fall within the jurisdiction of As you have requested, I will include a on this matter and thank you for your con- the Committee on Armed Services, includ- copy of your letter and this response as part sideration. ing: section 222 (relating to information col- of the Committee on Homeland Security’s Sincerely, lection requirements and priorities) and sec- report and the Congressional Record during PETER HOEKSTRA, tion 302(b) (establishing a working group re- consideration of the legislation on the House Chairman.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3691 HOUSE OF REPRESENTATIVES, Mr. WELDON of Florida, for 5 minutes, 2024. A letter from the Under Secretary for COMMITTEE ON HOMELAND SECURITY, May 23. Acquisition, Technology and Logistics, De- Washington, DC, May 16, 2005. Mr. DUNCAN, for 5 minutes, today. partment of Defense, transmitting a report Hon. PETER HOEKSTRA, describing the Department’s corrosion pre- Mr. JONES of North Carolina, for 5 Chairman, Permanent Select Committee on In- vention control and mitigation efforts and telligence, Washington, DC. minutes, May 26. planned improvements, as requested by the DEAR MR. CHAIRMAN: Thank you for your (The following Members (at their own House of Representatives Report of the Com- recent letter expressing the Intelligence request) to revise and extend their re- mittee on Appropriations on the Department Committee’s jurisdictional interest in H.R. marks and include extraneous mate- of Defense Appropriations Bill for FY 2005, 1817, the ‘‘The Department of Homeland Se- rial:) Pub. L. 108-553 (H.R. 4613); to the Committee curity Authorization Act for Fiscal Year Mr. GINGREY, for 5 minutes, today. on Armed Services. 2025. A letter from the Chair, Foreign Ex- 2006.’’ I appreciate your willingness to waive Ms. WATERS, for 5 minutes, today. further consideration of the bill in order to change Committee, transmitting the Com- expedite this legislation for floor consider- f mittee’s 2004 Annual Report; to the Com- ation: I agree that by waiving further consid- ADJOURNMENT mittee on Financial Services. eration, the Intelligence Committee does not 2026. A letter from the Chief Financial Offi- waive any jurisdiction it may have over pro- Mr. BROWN of Ohio. Mr. Speaker, I cer, Department of Education, transmitting visions of the bill, including those relating move that the House do now adjourn. the full-color version of the Department’s to intelligence activities of the Department The motion was agreed to; accord- Fiscal Year 2004 Performance and Account- of Homeland Security authorized within the ingly (at 10 o’clock and 8 minutes ability Report; to the Committee on Edu- National Intelligence Program. cation and the Workforce. p.m.), under its previous order, the 2027. A letter from the Secretary, Depart- As you have requested, I will include a House adjourned until Monday, May 23, ment of Health and Human Services, trans- copy of your letter and this response as part 2005, at 12:30 p.m., for morning hour de- mitting a report entitled ‘‘Performance Im- of the Congressional Record during consider- bates. provement 2005: Evaluation Activities of the ation of the legislation on the House floor. U.S. Department of Health and Human Serv- Thank you for your cooperation as we work f ices,’’ pursuant to Section 241(b) of the Pub- towards the enactment of H.R. 1817. EXECUTIVE COMMUNICATIONS, lic Health Service (PHS) Act, as amended by Sincerely, ETC. the Preventive Health Amendments of 1993, CHRISTOPHER COX, Under clause 8 of rule XII, executive summarizing the findings of the evaluations Chairman of PHS programs authorized under Section communications were taken from the f 241(a); to the Committee on Energy and Com- Speaker’s table and referred as follows: merce. LEAVE OF ABSENCE 2017. A letter from the Director, Office of 2028. A letter from the Director, Defense By unanimous consent, leave of ab- Management and Budget, transmitting a re- Security Cooperation Agency, transmitting sence was granted to: port entitled ‘‘Major Savings and Reforms in notification concerning the Department of the President’s 2006 Budget’’; to the Com- the Navy’s Proposed Letter(s) of Offer and Ms. JACKSON-LEE of Texas (at the re- mittee on Appropriations. Acceptance (LOA) to Pakistan for defense ar- quest of Ms. PELOSI) for today on ac- 2018. A letter from the Under Secretary for ticles and services (Transmittal No. 05-18), count of a family medical emergency. Personnel and Readiness, Department of De- pursuant to 22 U.S.C. 2776(b); to the Com- Mr. LATOURETTE (at the request of fense, transmitting a letter on the approved mittee on International Relations. Mr. DELAY) for today and the balance retirement of Lieutenant General Richard V. 2029. A letter from the Director, Defense of the week on account of a family Reynolds, United States Air Force, and his Security Cooperation Agency, transmitting emergency. advancement to the grade of lieutenant gen- notification concerning the Department of the Navy’s Proposed Letter(s) of Offer and Mr. RYAN of Wisconsin (at the re- eral on the retired list; to the Committee on Armed Services. Acceptance (LOA) to Pakistan for defense ar- quest of Mr. DELAY) for today until 4:30 2019. A letter from the Under Secretary for ticles and services (Transmittal No. 05-19), p.m. on account of traveling with the Personnel and Readiness, Department of De- pursuant to 22 U.S.C. 2776(b); to the Com- President. fense, transmitting a letter on the approved mittee on International Relations. 2030. A letter from the Secretary, Depart- f retirement of Lieutenant General Brian A. ment of State, transmitting a copy of the Arnold, United States Air Force, and his ad- Department’s ‘‘Country Reports on Ter- SPECIAL ORDERS GRANTED vancement to the grade of lieutenant general rorism: 2004,’’ pursuant to 22 U.S.C. 2656f; to on the retired list; to the Committee on By unanimous consent, permission to the Committee on International Relations. address the House, following the legis- Armed Services. 2031. A letter from the Assistant Adminis- lative program and any special orders 2020. A letter from the Principal Deputy trator, Bureau for Legislative and Public Af- heretofore entered, was granted to: Under Secretary for Personnel and Readi- fairs, Agency for International Development, ness, Department of Defense, transmitting (The following Members (at the re- transmitting a report on economic condi- authorization of the enclosed list of officers tions in Egypt 2004, pursuant to 22 U.S.C. quest of Mr. SCHIFF) to revise and ex- to wear the insignia of the grade of brigadier tend their remarks and include extra- 2346 note; to the Committee on International general in accordance with title 10, United Relations. neous material:) States Code, section 777; to the Committee 2032. A letter from the Secretary, Depart- Mr. DEFAZIO, for 5 minutes, today. on Armed Services. ment of the Treasury, transmitting a six- Mr. SCHIFF, for 5 minutes, today. 2021. A letter from the Principal Deputy month periodic report on the national emer- Ms. WOOLSEY, for 5 minutes, today. Under Secretary for Personnel and Readi- gency with respect to Sudan that was de- ness, Department of Defense, transmitting Mr. EMANUEL, for 5 minutes, today. clared in Executive Order 13067 of November authorization of the enclosed list of officers Mr. CUMMINGS, for 5 minutes, today. 3, 1997, as required by section 401(c) of the to wear the insignia of the next higher grade National Emergencies Act, 50 U.S.C. 1641(c), Mr. PALLONE, for 5 minutes, today. in accordance with title 10, United States and section 204(c) of the International Emer- Mr. PRICE of North Carolina, for 5 Code, section 777; to the Committee on gency Economic Powers Act, 50 U.S.C. minutes, today. Armed Services. 1703(c), and pursuant to Executive Order Mr. ETHERIDGE, for 5 minutes, today. 2022. A letter from the Secretary of the 13313 of July 31, 2003; to the Committee on Mr. MILLER of North Carolina, for 5 Army, Department of Defense, transmitting International Relations. minutes, today. notification of the Army’s determination 2033. A letter from the Acting Assistant that reportable increases have occurred in Mr. MCINTYRE, for 5 minutes, today. Secretary for Legislative Affairs, Depart- the Program Acquisition Unit Cost (PAUC) ment of State, transmitting notification of Mr. WATT, for 5 minutes, today. for the Chemical Demilitarization (CHEM the Department’s intent to obligate Non- Mr. BUTTERFIELD, for 5 minutes, DEMIL) Program; to the Committee on proliferation and Disarmament Fund (NDF) today. Armed Services. assistance for additional projects, pursuant Mr. FILNER, for 5 minutes, today. 2023. A letter from the Under Secretary for to Public Law 108–447, section 515; to the Mr. TAYLOR of Mississippi, for 5 min- Acquisition, Technology, and Logistics, De- Committee on International Relations. utes, today. partment of Defense, transmitting a report 2034. A letter from the Chairman, Chris- (The following Members (at the re- on the proposed test and evaulation (T&E) topher Columbus Fellowship Foundation, budgets that are not certified by the Direc- transmitting pursuant to the Accountability quest of Mr. DUNCAN) to revise and ex- tor of the Defense Test Resource Manage- of Tax Dollars Act, the Foundation’s Form tend their remarks and include extra- ment Center (TRMC) to be adequate for FY and Content Reports for the second quarter neous material:) 2006, pursuant to 10 U.S.C. 196 Public Law of FY 2005 as prepared by the U.S. General Mr. GUTKNECHT, for 5 minutes, May 107–314, section 232; to the Committee on Services Administration; to the Committee 26. Armed Services. on Government Reform.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3692 CONGRESSIONAL RECORD — HOUSE May 19, 2005 2035. A letter from the Acting Director, Of- 2044. A letter from the Acting DIrector, Of- 801(a)(1)(A); to the Committee on Transpor- fice of Personnel Management, transmitting fice of Sustainable Fisheries, NMFS, Na- tation and Infrastructure. the Office’s report entitled, ‘‘Federal Stu- tional Oceanic and Atmospheric Administra- 2052. A letter from the Program Analyst, dent Loan Repayment Program FY 2004,’’ tion, transmitting the Administration’s final FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 5379(a)(1)(B) Public Law rule—Fisheries of the Northeastern United mitting the Department’s final rule—Air- 106–398, section 1122; to the Committee on States; Atlantic Mackeral, Squid, and worthiness Directives; Boeing Model 737-600, Government Reform. Butterfish Fisheries; Closure of the Quarter -700, and -800 Series Airplanes [Docket No. 2036. A letter from the Secretary, Depart- II Fishery for Loligo Squid [Docket No. FAA-2004-19810; Directorate Identifier 2004- ment of the Interior, transmitting the an- 041221358-5065-02; I.D. 042005B] received April NM-119-AD; Amendment 39-14062; AD 2005-08- nual report entitled, ‘‘Outer Continental 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to 10] received May 13, 2005, pursuant to 5 U.S.C. Shelf Lease Sales: Evaluation of Bidding Re- the Committee on Resources. 801(a)(1)(A); to the Committee on Transpor- sults’’ for Fiscal Year 2004, pursuant to 43 2045. A letter from the Acting Director, Of- tation and Infrastructure. U.S.C. 1337(a)(9); to the Committee on Re- fice of Sustainable Fisheries, NMFS, Na- 2053. A letter from the Program Analyst, sources. tional Oceanic and Atmospheric Administra- FAA, Department of Transportation, trans- 2037. A letter from the Assistant Secretary tion, transmitting the Administration’s final mitting the Department’s final rule—Air- for Fish, Wildlife and Parks, Department of rule—Fisheries of the Exclusive Economic worthiness Directives; Saab Model SAAB SF the Interior, transmitting the Department’s Zone Off Alaska; Species in the Rock Sole/ 340A and SAAB 340B Series Airplanes [Dock- final rule—Endangered and Threatened Wild- Flathead Sole/‘‘Other Flatfish’’ Fishery Cat- et No. 2003-NM-278-AD; Amendment 39-14063; life and Plants; Establishment of an Addi- egory by Vessels Using Trawl Gear in Bering AD 2005-08-11] received May 13, 2005, pursuant tional Manatee Protection Area in Lee Coun- Sea and Aleutian Islands Management Area to 5 U.S.C. 801(a)(1)(A); to the Committee on ty, Florida (RIN: 1018-AT65) received April [Docket No. 041126332-5039-02; I.D. 042105B] re- Transportation and Infrastructure. 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to ceived April 28, 2005, pursuant to 5 U.S.C. 2054. A letter from the Program Analyst, the Committee on Resources. 801(a)(1)(A); to the Committee on Resources. FAA, Department of Transportation, trans- 2038. A letter from the Director, Office of 2046. A letter from the Acting Director, Of- mitting the Department’s final rule—Air- Sustainable Fisheries, NMFS, National Oce- fice of Sustainable Fisheries, NMFS, Na- worthiness Directives; Aviointeriors S.p.A. anic and Atmospheric Administration, trans- tional Oceanic and Atmospheric Administra- Series 312 Seats [Docket No. 2000-NE-09-AD; mitting the Administration’s final rule— tion, transmitting the Administration’s final Amendment 39-14052; AD 2005-07-27] (RIN: Fisheries of the Economic Exclusive Zone rule—Fishery Off West Coast States and in 2120-AA64) received May 13, 2005, pursuant to Off Alaska; Deep-Water Species Fishery by the Western Pacific; Pacific Coast Ground- 5 U.S.C. 801(a)(1)(A); to the Committee on Vessels Using Trawl Gear in the Gulf of Alas- fish Fishery; Specifications and Management Transportation and Infrastructure. ka [Docket No. 041126333-5040-02; I.D. 050305C] Measures; Inseason Adjustments; Correc- 2055. A letter from the Program Analyst, received May 13, 2005, pursuant to 5 U.S.C. tions [Docket No. 040830250-5062-03; I.D. FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Resources. 032205B] received April 28, 2005, pursuant to 5 mitting the Department’s final rule—Air- 2039. A letter from the Deputy Assistant U.S.C. 801(a)(1)(A); to the Committee on Re- worthiness Directives; Boeing Model 747-100, Administrator for Regulatory Programs, sources. -100B, 100B SUD, -200B, -200C, -200F, and -300 NMFS, National Oceanic and Atmospheric 2047. A letter from the Assistant Secretary Series Airplanes; and Model 747SP and 747SR Administration, transmitting the Adminis- of the Army for Civil Works, Department of Series Airplanes [Docket No. FAA-2005-20915; tration’s final rule—Fisheries of the Defense, transmitting a reevaluation of the Directorate Identifier 2005-NM-042-AD; Norteastern United States; Recordkeeping report of the Army Corps of Engineers, dated Amendment 39-14053; AD 2005-08-01] (RIN: and Reporting Requirements; Regulatory December 30, 2003, describing a viable alter- 2120-AA64) received May 13, 2005, pursuant to Amendment to Modify Seafood Dealer Re- native to a system of groins for providing 5 U.S.C. 801(a)(1)(A); to the Committee on porting Requirements [Docket No. 050216041- shoreline erosion control as a storm damage Transportation and Infrastructure. 5105-02; I.D. 020705C] (RIN: 0648-AS87) re- reduction measure for the Silver Strand 2056. A letter from the Program Analyst, ceived May 13, 2005, pursuant to 5 U.S.C. shoreline at Imperial Beach, California, FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Resources. originally authorized by Section 101 of the mitting the Department’s final rule—Air- 2040. A letter from the Acting Director, Of- Rivers and Harbors Act of 1958; to the Com- worthiness Directives; Dassault Model Fal- fice of Sustainable Fisheries, NMFS, Na- mittee on Transportation and Infrastruc- con 10 Series Airplanes [Docket No. FAA- tional Oceanic and Atmospheric Administra- ture. tion, transmitting the Administration’s final 2048. A letter from the Assistant Secretary 2005-20884; Directorate Identifier 2005-NM-051- rule—Fisheries of the Economic Exclusive of the Army for Civil Works, Department of AD; Amendment 39-14048; AD 2005-07-23] (RIN: Zone Off Alaska; Deep-Water Species Fishery Defense, transmitting a reevalution of a 2120-AA64) received May 13, 2005, pursuant to by Vessels Using Trawl Gear in the Gulf of study to determine the feasibility of modi- 5 U.S.C. 801(a)(1)(A); to the Committee on Alaska [Docket No. 041126333-5040-02; I.D. fying the authorized Hamilton Airfield, Cali- Transportation and Infrastructure. 042105C] received May 2, 2005, pursuant to 5 fornia project to include adjacent properties 2057. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Re- on San Pablo Bay, Marin County, California; FAA, Department of Transportation, trans- sources. to the Committee on Transportation and In- mitting the Department’s final rule—Air- 2041. A letter from the Office of Protected frastructure. worthiness Directives; Boeing Model 777-200 Resources, NMFS, National Oceanic and At- 2049. A letter from the Program Analyst, and -300 Series Airplanes Equipped with mospheric Administration, transmitting the FAA, Department of Transportation, trans- Rolls Royce Model RB211 TRENT 800 Engines Administration’s final rule—Taking of Ma- mitting the Department’s final rule—Air- [Docket No. FAA-2005-20885; Directorate rine Mammals Incidental to Commercial worthiness Directives; General Electric Com- Identifier 2005-NM-050-AD; Amendment 39- Fishing Operations; Tuna Purse Seine Ves- pany (GE) CF6-45 and CF6-50 Series Turbofan 14049; AD 2005-07-24] (RIN: 2120-AA64) received sels in the Eastern Tropical Pacific Ocean Engines [Docket No. FAA-2005-20932; Direc- May 13, 2005, pursuant to 5 U.S.C. (ETP) received April 26, 2005, pursuant to 5 torate Identifier 2005-NE-11-AD; Amendment 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on Re- 39-14056; AD 2005-08-04] (RIN: 2120-AA64) re- tation and Infrastructure. sources. ceived May 13, 2005, pursuant to 5 U.S.C. 2058. A letter from the Program Analyst, 2042. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- fice of Sustainable Fisheries, NMFS, Na- tation and Infrastructure. mitting the Department’s final rule—Air- tional Oceanic and Atmospheric Administra- 2050. A letter from the Program Analyst, worthiness Directives; Airbus Model A300 B2 tion, transmitting the Administration’s final FAA, Department of Transportation, trans- and B4 Series Airplanes; Model A300 B4-600, rule—Fisheries Off Western Coast States and mitting the Department’s final rule—Air- A300 B4-600R, A300 C4-605R Variant F, and in the Western Pacific; Pacific Coast worthiness Directives; BAE Systems (Oper- A300 F4-600R (Collectively Called A300-600) Groundfish Fishery; Specifications and Man- ations) Limited (Jetstream) Model 4101 Air- Series Airplanes [Docket No. FAA-2004-19227; agement Measures; Inseason Adjustments; planes [Docket No. FAA-2004-19766; Direc- Directorate Identifier 2003-NM-95-AD; Pacific Halibut Fisheries; Corrections [Dock- torate Identifier 2002-NM-161-AD; Amend- Amendment 39-14050; AD 2005-07-25] (RIN: et No. 040830250-5062-03; I.D. 042205C] received ment 39-14057; AD 2005-08-05] received May 13, 2120-AA64) received May 13, 2004, pursuant to May 13, 2005, pursuant to 5 U.S.C. 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 801(a)(1)(A); to the Committee on Resources. Committee on Transportation and Infra- Transportation and Infrastructure. 2043. A letter from the Acting Director, Of- structure. 2059. A letter from the Program Analyst, fice of Sustainable Fisheries, NMFS, Na- 2051. A letter from the Program Analyst, FAA, Department of Transportation, trans- tional Oceanic and Atmospheric Administra- FAA, Department of Transportation, transmitting the Department’s final rule—Air- tion, transmitting the Administration’s final mitting the Department’s final rule—Air- worthiness Directives; Saab Model SAAB rule—Fisheries of the Northeastern United worthiness Directives; Boeing Model 747- 2000 Series Airplanes [Docket No. FAA-2005- States; Summer Flounder Fishery; Quota 200B, -200C, -200F, and -400F Series Airplanes 20244; Directorate Identifier 2004-NM-204-AD; Transfer [Docket No. 041110317-4364-02; I.D. [Docket No. FAA-2005-20136; Directorate Amendment 39-14051; AD 2005-07-26] (RIN: 041805C] received April 28, 2005, pursuant to 5 Identifier 2004-NM-185-AD; Amendment 39- 2120-AA64) received May 13, 2005, pursuant to U.S.C. 801(a)(1)(A); to the Committee on Re- 14061; AD 2005-08-09] (RIN: 2120-AA64) received 5 U.S.C. 801(a)(1)(A); to the Committee on sources. May 13, 2005, pursuant to 5 U.S.C. Transportation and Infrastructure.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00134 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE May 19, 2005 CONGRESSIONAL RECORD — HOUSE H3693 2060. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS H.R. 2485. A bill to ensure that the goals of the Dietary Supplement Health and Edu- FAA, Department of Transportation, trans- Under clause 2 of rule XII, public mitting the Department’s final rule—Air- cation Act of 1994 are met by authorizing ap- worthiness Directives; CENTRAIR 101 Series bills and resolutions were introduced propriations to fully enforce and implement Gliders [Docket No. FAA-2004-19616; Direc- and severally referred, as follows: such Act and the amendments made by such torate Identifier 2004-CE-38-AD; Amendment By Mr. SHAW: Act, and for other purposes; to the Com- 39-14058; AD 2005-08-06] (RIN: 2120-AA64) re- H.R. 2473. A bill to amend the Tariff Act of mittee on Energy and Commerce. ceived May 13, 2005, pursuant to 5 U.S.C. 1930 relating to determining the all-others By Mr. BURTON of Indiana (for him- 801(a)(1)(A); to the Committee on Transpor- rate in antidumping cases; to the Committee self, Mr. PALLONE, Mr. PAUL, Mr. tation and Infrastructure. on Ways and Means. TERRY, and Mr. GERLACH): 2061. A letter from the Program Analyst, By Mr. WILSON of South Carolina (for H.R. 2486. A bill to amend the Internal Rev- FAA, Department of Transportation, trans- himself, Mr. BROWN of South Caro- enue Code of 1986 to provide that amounts mitting the Department’s final rule—Air- lina, Mr. MILLER of Florida, Mr. NOR- paid for foods for special dietary use, dietary worthiness Directives; British Aerospace WOOD, Mr. FOLEY, and Ms. ROS- supplements, or medical foods shall be treat- Model BAe 146 and Model Avro 146-RJ Series LEHTINEN): ed as medical expenses; to the Committee on Airplanes [Docket No. FAA-2004-19757; Direc- H.R. 2474. A bill to amend the Internal Rev- Ways and Means. torate Identifier 2001-NM-273-AD; Amend- enue Code of 1986 to provide a nonrefundable By Mr. CARDIN: ment 39-14024; AD 2005-06-14] (RIN: 2120-AA64) personal credit to individuals who donate H.R. 2487. A bill to amend title XVIII of the received May 13, 2005, pursuant to 5 U.S.C. certain life-saving organs; to the Committee Social Security Act, as amended by the 801(a)(1)(A); to the Committee on Transpor- on Ways and Means, and in addition to the Medicare Prescription Drug, Improvement, tation and Infrastructure. Committee on Energy and Commerce, for a and Modernization Act of 2003, to provide ad- 2062. A letter from the Program Analyst, period to be subsequently determined by the ditional beneficiary protections; to the Com- FAA, Department of Transportation, trans- Speaker, in each case for consideration of mittee on Energy and Commerce, and in admitting the Department’s final rule—Air- such provisions as fall within the jurisdic- dition to the Committee on Ways and Means, for a period to be subsequently determined worthiness Directives; Cessna Model 680 Air- tion of the committee concerned. by the Speaker, in each case for consider- planes [Docket No. FAA-2005-20916; Direc- By Mr. HOEKSTRA: H.R. 2475. A bill to authorize appropria- ation of such provisions as fall within the ju- torate Identifier 2005-NM-027-AD; Amend- tions for fiscal year 2006 for intelligence and risdiction of the committee concerned. ment 39-14055; AD 2005-08-03] (RIN: 2120-AA64) intelligence-related activities of the United By Mr. CARNAHAN: received May 13, 2005, pursuant to 5 U.S.C. States Government, the Community Man- H.R. 2488. A bill to promote State historic 801(a)(1)(A); to the Committee on Transpor- agement Account, and the Central Intel- tax credits; to the Committee on Ways and tation and Infrastructure. ligence Agency Retirement and Disability Means. 2063. A letter from the Program Analyst, System, and for other purposes; to the Com- By Mr. COOPER (for himself, Mr. FAA, Department of Transportation, trans- mittee on Intelligence (Permanent Select). SHAYS, and Mr. VAN HOLLEN): mitting the Department’s final rule—Air- By Mr. ABERCROMBIE: H.R. 2489. A bill to amend the Inspector worthiness Directives; Empresa Brasileira de H.R. 2476. A bill to amend the Internal Rev- General Act of 1978 to enhance the independ- Aeronautica S.A. (EMBRAER) Model EMB- enue Code of 1986 to exclude from gross in- ence of the Inspectors General, to create a 135 and -145 Series Airplanes [Docket No. come gain on the sale of certain residential Council of the Inspectors General on Integ- FAA-2004-19176; Directorate Identifier 2003- leased-fee interests to holders of the lease- rity and Efficiency, and for other purposes; NM-36-AD; Amendment 39-14054; AD 2005-08- hold rights; to the Committee on Ways and to the Committee on Government Reform. 02] (RIN: 2120-AA64) received May 13, 2005, Means. By Mr. DENT (for himself, Mr. BRADY pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. BLUMENAUER: of Pennsylvania, Mr. FATTAH, Mr. mittee on Transportation and Infrastruc- H.R. 2477. A bill to suspend temporarily the ENGLISH of Pennsylvania, Ms. HART, ture. duty on certain bicycle parts; to the Com- Mr. PETERSON of Pennsylvania, Mr. 2064. A letter from the Secretary, Depart- mittee on Ways and Means. GERLACH, Mr. WELDON of Pennsyl- ment of Health and Human Services, trans- By Mr. BLUMENAUER: vania, Mr. FITZPATRICK of Pennsyl- mitting a report entitled, ‘‘Implementation H.R. 2478. A bill to suspend temporarily the vania, Mr. SHUSTER, Mr. SHERWOOD, of the Medicare Prescription Drug Benefit,’’ duty on certain bicycle parts; to the Com- Mr. KANJORSKI, Mr. MURTHA, Ms. pursuant to Public Law 108–173, section 1860– mittee on Ways and Means. SCHWARTZ of Pennsylvania, Mr. 42(d); jointly to the Committees on Energy By Mr. BLUMENAUER: DOYLE, Mr. PITTS, Mr. HOLDEN, Mr. and Commerce and Ways and Means. H.R. 2479. A bill to suspend temporarily the MURPHY, and Mr. PLATTS): 2065. A letter from the Secretary, Depart- duty on certain bicycle parts; to the Com- H.R. 2490. A bill to designate the facility of ment of Health and Human Services, trans- mittee on Ways and Means. the United States Postal Service located at mitting a report that ‘‘makes recommenda- By Mr. BLUMENAUER: 442 West Hamilton Street, Allentown, Penn- tions regarding methods of providing bene- H.R. 2480. A bill to suspend temporarily the sylvania, as the ‘‘Mayor Joseph S. Daddona fits under . . . Part D . . . for outpatient pre- duty on certain bicycle parts; to the Com- Memorial Post Office‘‘; to the Committee on scription drugs for which benefits are pro- mittee on Ways and Means. Government Reform. vided under Part B,’’ pursuant to Public Law By Mr. BLUMENAUER: By Mr. GILLMOR (for himself, Mr. H.R. 2481. A bill to suspend temporarily the 108–173, section 1860D–42(c); jointly to the ROGERS of Michigan, Mr. DINGELL, duty on certain bicycle parts; to the Com- Committees on Energy and Commerce and Mr. STUPAK, and Mr. UPTON): Ways and Means. mittee on Ways and Means. H.R. 2491. A bill to amend the Solid Waste 2066. A letter from the Chief Counsel, For- By Mr. BLUMENAUER: Disposal Act to authorize States to restrict eign Claims Settlement Commission of the H.R. 2482. A bill to suspend temporarily the receipt of foreign municipal solid waste and duty on certain bicycle parts; to the Com- United States, Department of Justice, trans- implement the Agreement Concerning the mittee on Ways and Means. mitting the Commission’s 2004 Annual Re- Transboundary Movement of Hazardous By Mr. BLUMENAUER: port on operations under the War Claims Act Waste between the United States and Can- H.R. 2483. A bill to suspend temporarily the ada, and for other purposes; to the Com- of 1948, as amended, pursuant to 50 U.S.C. duty on certain bicycle parts; to the Com- mittee on Energy and Commerce. app. 2008 and 22 U.S.C. 1622a; jointly to the mittee on Ways and Means. Committees on International Relations and By Mr. HAYES: By Mr. BLUNT (for himself, Mr. KIRK, the Judiciary. H.R. 2492. A bill to extend the temporary Mr. SIMMONS, Mr. HAYES, Mr. CAN- suspension of duty on Crotonic Acid; to the f TOR, Mr. GERLACH, Mr. GRAVES, Mr. Committee on Ways and Means. LARSEN of Washington, Mr. MILLER of REPORTS OF COMMITTEES ON By Mr. HAYES: Florida, Mr. BRADY of Texas, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 2493. A bill to suspend temporarily the SODREL, and Mr. REICHERT): duty on Glyoxylic Acid 50 %; to the Com- Under clause 2 of rule XIII, reports of H.R. 2484. A bill to improve benefits for mittee on Ways and Means. committees were delivered to the Clerk members of the National Guard and Reserve By Mr. HAYES: to recognize their service to the United H.R. 2494. A bill to suspend temporarily the for printing and reference to the proper States and to encourage the recruitment and calendar, as follows: duty on Chloroacetic acid, ethyl ester; to the retention of National Guard and Reserve per- Committee on Ways and Means. Mr. BUYER: Committee on Veterans’ Af- sonnel, and for other purposes; to the Com- By Mr. HAYES: fairs. H.R. 2046. A bill to amend the mittee on Armed Services, and in addition to H.R. 2495. A bill to suspend temporarily the Servicemembers Civil Relief Act to limit the Committee on Veterans’ Affairs, for a pe- duty on Chloroacetic Acid, Sodium Salt; to premium increases on reinstated health in- riod to be subsequently determined by the the Committee on Ways and Means. surance on servicemembers who are released Speaker, in each case for consideration of By Mr. HAYES: from active military service, and for other such provisions as fall within the jurisdic- H.R. 2496. A bill to extend the temporary purposes; with an amendment (Rept. 109–88). tion of the committee concerned. suspension of duty on 3,6,9- Referred to the Committee of the Whole By Mr. BURTON of Indiana (for himself Trioxaundecanedioic acid; to the Committee House on the State of the Union. and Mr. PALLONE): on Ways and Means.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00135 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H3694 CONGRESSIONAL RECORD — HOUSE May 19, 2005 By Mr. HOLDEN: By Ms. NORTON (for herself, Mr. System but before establishing a valid claim H.R. 2497. A bill to extend the temporary MORAN of Virginia, Mr. TOM DAVIS of therefor, and for other purposes; to the Com- suspension of duty on Acetamiprid Tech- Virginia, Mr. GRIJALVA, Mr. WYNN, mittee on Government Reform, and in addi- nical; to the Committee on Ways and Means. Mr. VAN HOLLEN, Mr. BRADY of Penn- tion to the Committee on House Administra- By Mr. HULSHOF (for himself, Mr. sylvania, and Mr. MARKEY): tion, for a period to be subsequently deter- POMEROY, Mr. NUSSLE, and Mr. LEWIS H.R. 2509. A bill to amend the Federal mined by the Speaker, in each case for con- of Kentucky): Water Pollution Control Act and the Water sideration of such provisions as fall within H.R. 2498. A bill to amend the Internal Rev- Resources Development Act of 1992 to pro- the jurisdiction of the committee concerned. enue Code of 1986 to extend the tax incen- vide for the restoration, protection, and en- By Mr. BOOZMAN (for himself and Ms. tives for the use of biodiesel through 2010; to hancement of the environmental integrity HERSETH): the Committee on Ways and Means. and social and economic benefits of the Ana- H. Con. Res. 159. Concurrent resolution rec- By Mrs. MALONEY (for herself, Mr. costia Watershed in the State of Maryland ognizing the sacrifices being made by the KING of New York, Mr. ISRAEL, Mr. and the District of Columbia; to the Com- families of members of the Armed Forces FOSSELLA, Mrs. LOWEY, Mr. TOWNS, mittee on Transportation and Infrastruc- and supporting the designation of a week as Mr. ACKERMAN, Mr. OWENS, Mr. HIN- ture. National Military Families Week; to the CHEY, Mr. SERRANO, and Mrs. MCCAR- By Mr. PALLONE: Committee on Armed Services. THY): H.R. 2510. A bill to ensure that the goals of By Mr. DAVIS of Illinois (for himself, H.R. 2499. A bill to provide that members the Dietary Supplement Health and Edu- Mr. BOSWELL, Mr. OWENS, Ms. of the National Guard who served in the cation Act of 1994 are met by authorizing ap- CORRINE BROWN of Florida, Ms. KIL- counties declared Federal disasters areas in propriations to fully enforce and implement PATRICK of Michigan, Mr. HASTINGS of response to the September 11, 2001, terrorist such Act and the amendments made by such Florida, Mr. PAYNE, Mr. attacks on the United States, and who Act, and for other purposes; to the Com- BUTTERFIELD, Mr. VAN HOLLEN, Mr. served under State duty so that they could mittee on Energy and Commerce. MCDERMOTT, Mr. WATT, Mrs. immediately assist in the response to the By Mr. PAUL (for himself, Mr. HOLT, CHRISTENSEN, Mr. DOGGETT, Mr. terrorist attacks should have that service Ms. SLAUGHTER, and Ms. HERSETH): GRIJALVA, Mrs. JONES of Ohio, and counted as Federal active duty for purposes H.R. 2511. A bill to postpone the 2005 round Mr. HONDA): of military retirement credit under chapter of defense base closure and realignment until H. Con. Res. 160. Concurrent resolution rec- 1223 of title 10, United States Code; to the the completion of certain specified activities ognizing the historical significance of Committee on Armed Services. by the Secretary of Defense and the Sec- Juneteenth Independence Day, and express- By Mr. MARKEY: retary of Homeland Security; to the Com- ing the sense of Congress that history should H.R. 2500. A bill to restore the jurisdiction mittee on Armed Services. be regarded as a means for understanding the of the Consumer Product Safety Commission By Mr. REGULA (for himself, Mr. MAR- past and solving the challenges of the future; over amusement park rides which are at a KEY, and Mr. GILLMOR): to the Committee on Government Reform. fixed site, and for other purposes; to the H.R. 2512. A bill to provide for the estab- By Mr. DAVIS of Illinois: Committee on Energy and Commerce. lishment of a Digital Opportunity Invest- H. Con. Res. 161. Concurrent resolution au- By Mr. MCCRERY: ment Trust; to the Committee on Energy thorizing the use of the Capitol Grounds for H.R. 2501. A bill to suspend temporarily the and Commerce, and in addition to the Com- an event to commemorate the 10th Anniver- duty on Cyclopropanecarboxylic acid, 3-(2- mittee on Education and the Workforce, for sary of the Million Man March; to the Com- chloro-3,3,3-trifluoro-1-propenyl)-2,2-imethyl- a period to be subsequently determined by mittee on Transportation and Infrastruc- ,(2-meth yl(1,1′-biphenyl) -3-yl)methyl ester, the Speaker, in each case for consideration ture. (z)-; to the Committee on Ways and Means. of such provisions as fall within the jurisdic- By Mr. SAXTON (for himself, Mr. By Mr. MCCRERY: tion of the committee concerned. MENENDEZ, and Mr. MCCOTTER): H.R. 2502. A bill to suspend temporarily the By Mr. RYUN of Kansas (for himself H. Con. Res. 162. Concurrent resolution ex- duty on Phosphonic acid (2-chloroethyl) and Mr. FEENEY): pressing the sense of Congress that the ongo- (Ethephon); to the Committee on Ways and H.R. 2513. A bill to amend the Immigration ing nuclear efforts of the Islamic Republic of Means. and Nationality Act to prescribe the oath or Iran constitute a threat to the national secu- By Mr. MCCRERY: affirmation of renunciation and allegiance rity of the United States and to inter- H.R. 2503. A bill to suspend the duty on required to be naturalized as a citizen of the national peace and security; to the Com- Iprodione; to the Committee on Ways and United States; to the Committee on the Ju- mittee on International Relations. Means. diciary. By Mr. CONYERS (for himself, Ms. By Mr. MCCRERY: By Mr. SIMPSON: JACKSON-LEE of Texas, Ms. ESHOO, H.R. 2504. A bill to suspend temporarily the H.R. 2514. A bill to promote the economic Mr. FILNER, Mr. KUCINICH, Mr. MEE- duty on 2-Cyclohexen-1-one, and 2-(1-(((3- development and recreational use of Na- HAN, Mr. PASCRELL, and Mr. chloro-2- propenyl)oxy)imino) propyl)-5-(2- tional Forest System lands and other public SERRANO): (ethylthio) propyl)-3-hydroxy (Clethodim); to lands in central Idaho, to designate the Boul- H. Res. 288. A resolution expressing the the Committee on Ways and Means. der-White Cloud Management Area to ensure sense of the House of Representatives condemning bigotry and religious intolerance, By Mr. MCCRERY: the continued management of certain Na- H.R. 2505. A bill to suspend temporarily the tional Forest System lands and Bureau of and recognizing that holy books of every re- duty on Benzoic acid, o- and ((3-(4,6-di- Land Management lands for recreational and ligion should be treated with dignity and re- methyl-2-pyrimidinyl)-ureido)sulfonyl)-, grazing use and conservation and resource spect; to the Committee on the Judiciary. methylester (Sulfometuron methyl); to the protection, to add certain National Forest By Mr. DAVIS of Illinois (for himself, Committee on Ways and Means. System lands and Bureau of Land Manage- Mr. BILIRAKIS, Mr. CAPUANO, Mr. BONILLA, and Mr. BRADLEY of New By Mr. MCCRERY: ment lands in central Idaho to the National H.R. 2506. A bill to suspend temporarily the Wilderness Preservation System, and for Hampshire): H. Res. 289. A resolution supporting the duty on Cyclopropanecarboxylic acid, 3-(2,2- other purposes; to the Committee on Re- goals and ideals of National Health Center Dichlorovinyl)-2,2-dimethyl-, 3- sources. Week in order to raise awareness of health phenoxybenzyl ester, (+-)-,(cis,trans)-; to the By Mr. STRICKLAND: services provided by community, migrant, Committee on Ways and Means. H.R. 2515. A bill to authorize an annual ap- public housing, and homeless health centers, By Mr. MCCRERY: propriation of $10,000,000 for mental health and for other purposes; to the Committee on H.R. 2507. A bill to suspend temporarily the courts through fiscal year 2011; to the Com- Government Reform. duty on Benzoic acid, 2-(((((4-methoxy-6- mittee on the Judiciary. By Mrs. MALONEY (for herself, Mr. methyl-1,3,5-triazin-2-yl)amino)- car- By Mr. SWEENEY: bonyl)amino)sulfonyl)-, methyl ester; to the H.R. 2516. A bill to establish standards for BILIRAKIS, Mr. PALLONE, Mr. PAYNE, Committee on Ways and Means. the testing of prohibited substances and Mr. FOLEY, Ms. NORTON, Ms. WATSON, By Mr. GEORGE MILLER of California methods for certain professional baseball, Mr. CROWLEY, and Mr. MCGOVERN): H. Res. 290. A resolution recognizing and (for himself, Mr. DAVIS of Illinois, basketball, football, and hockey players; to appreciating the historical significance and Mr. GRIJALVA, Mr. HOLT, Mr. VAN the Committee on Energy and Commerce. the heroic human endeavor and sacrifice of HOLLEN, Mr. PAYNE, Mrs. MCCARTHY, ´ By Ms. VELAZQUEZ (for herself, Mr. the people of Crete during World War II and Mr. RYAN of Ohio, Mr. OWENS, Mr. ERRANO WENS AN S , Mr. O , Mr. V commending the PanCretan Association of HINOJOSA, Mr. KILDEE, Mr. STARK, OLLEN ORAN H , and Mr. M of Virginia): America; to the Committee on International Mr. KENNEDY of Rhode Island, Mr. H.R. 2517. A bill to amend chapters 83 and Relations. CONYERS, Mr. WEXLER, and Ms. WOOL- 84 of title 5, United States Code, to provide SEY): for the indexation of deferred annuities; to f H.R. 2508. A bill to amend the Higher Edu- provide that a survivor annuity be provided ADDITIONAL SPONSORS cation Act of 1965 to improve the ability of to the widow or widower of a former em- foster care youths to attend and succeed in ployee who dies after separating from Gov- Under clause 7 of rule XII, sponsors higher education; to the Committee on Edu- ernment service with title to a deferred an- were added to public bills and resolu- cation and the Workforce. nuity under the Civil Service Retirement tions as follows:

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H.R. 21: Mr. SHUSTER. H.R. 1120: Ms. SLAUGHTER, Mr. SANDERS, H.R. 1749: Mr. HEFLEY, Mr. GINGREY, Mr. H.R. 22: Mr. SESSIONS, Mr. WILSON of South and Mr. HOLT. CALVERT, Mr. LINDER, and Mr. JENKINS. Carolina, and Mr. THOMPSON of California. H.R. 1131: Mr. PAYNE, Mr. LANTOS, Mr. H.R. 1772: Mr. MILLER of Florida and Mr. H.R. 25: Mr. HEFLEY. BOOZMAN, Mr. BRADLEY of New Hampshire, SESSIONS. H.R. 36: Mr. LATHAM. Mr. MCCOTTER, Mr. ENGEL, Mr. MCGOVERN, H.R. 1816: Mr. RYUN of Kansas and Mr. H.R. 63: Mrs. LOWEY. Mr. RYAN of Wisconsin, Mrs. JO ANN DAVIS of HAYWORTH. H.R. 65: Mr. TIBERI. Virginia, Mr. GRIJALVA, Ms. BALDWIN, Mr. H.R. 1835: Ms. HOOLEY and Mrs. JONES of H.R. 98: Mr. HINOJOSA. LOBIONDO, and Mr. WOLF. Ohio. H.R. 215: Mr. KILDEE. H.R. 1133: Mr. BURTON of Indiana, Mr. H.R. 1871: Mr. WOLF, Mr. COX, and Mr. CAL- H.R. 284: Mr. CLEAVER and Mr. PRICE of HASTINGS of Florida, Mr. CROWLEY, Mr. LIN- VERT. North Carolina. COLN DIAZ-BALART of Florida, and Mr. H.R. 1898: Mrs. WILSON of New Mexico, Mrs. H.R. 297: Mr. BAIRD and Mr. BILIRAKIS. MCNULTY. CUBIN, and Mr. LAHOOD. H.R. 302: Mr. DAVIS of Illinois and Mrs. H.R. 1142: Mr. MCCOTTER. H.R. 1950: Mrs. JOHNSON of Connecticut and LOWEY. H.R. 1175: Mr. BARROW. Mr. PLATTS. H.R. 303: Mr. BOREN, Mr. DELAHUNT, Mr. H.R. 1222: Ms. BALDWIN, Mr. TOWNS, and H.R. 1951: Mr. ISSA. GUTIERREZ, Ms. JACKSON-LEE of Texas, Mr. Mr. BARROW. H.R. 1957: Mr. CANTOR. MURTHA, and Mr. HINCHEY. H.R. 1223: Mr. MCCOTTER. H.R. 1973: Mr. MCDERMOTT. H.R. 311: Mr. BRADY of Pennsylvania. H.R. 1227: Mr. FRANK of Massachusetts, Mr. H.R. 2000: Mr. COSTELLO. H.R. 312: Mr. UDALL of Colorado, Mr. ACKERMAN, Ms. BALDWIN, Mr. SCHIFF, Mr. H.R. 2011: Mr. WAXMAN, Mr. CASE, Mr. HINOJOSA, Mrs. JONES of Ohio, and Mr. WAXMAN, and Mr. UDALL of Colorado. FARR, and Mr. LANTOS. KUCINICH. H.R. 1245: Mr. LARSEN of Washington. H.R. 2014: Mr. CONAWAY and Mr. THOMPSON H.R. 313: Mr. BONNER. H.R. 1246: Mr. LARSON of Connecticut, Mr. of Mississippi. H.R. 314: Mr. BONNER. GONZALEZ, Mr. KIRK, Mr. LAHOOD, and Mr. H.R. 2018: Mr. MICHAUD and Mr. SHIMKUS. H.R. 333: Mr. MCGOVERN, Mr. HOLDEN, and GUTIERREZ. H.R. 2034: Mr. LEWIS of Kentucky, Mr. Mrs. CHRISTENSEN. H.R. 1252: Mr. KIRK and Mr. HINOJOSA. REHBERG, Mr. MCCAUL of Texas, Mr. ANDERS ECERRA H.R. 363: Mr. S , Mr. B , and H.R. 1288: Mr. BACA, Mr. UPTON, Mr. PENCE, BOUSTANY, Mr. OTTER, Miss MCMORRIS, Mr. LEAVER Mr. C . Ms. HARRIS, and Mr. SIMPSON. SIMMONS, and Mr. SALAZAR. H.R. 371: Mr. TANNER and Mr. DAVIS of H.R. 1290: Mr. SMITH of New Jersey. H.R. 2046: Mr. WOLF and Ms. BERKLEY. Tennsesee. H.R. 1312: Mr. ACKERMAN, Mr. GEORGE MIL- H.R. 2060: Mr. NADLER, Mr. EDWARDS, Mr. H.R. 373: Mr. LARSEN of Washington. LER of California, and Ms. ROYBAL-ALLARD. FATTAH, Mr. PAYNE, Ms. DEGETTE, Mr. CASE, H.R. 389: Mr. ALLEN. H.R. 1345: Mr. RYAN of Wisconsin, Mr. Mr. SMITH of Washington, Ms. SLAUGHTER, H.R. 398: Mr. PAYNE, Mr. SHERMAN, Mr. PITTS, Mr. ABERCROMBIE, and Mr. HINOJOSA. Mr. MCGOVERN, Mr. RUSH, Mr. WU, Mr. FARR, Ms. WATSON, Mr. GRIJALVA, Mr. AN- H.R. 1352: Mr. MEEK of Florida, Ms. ROY- DEFAZIO, Mr. HASTINGS of Florida, Mr. DREWS, Ms. WASSERMAN SCHULTZ, and Mr. BAL-ALLARD, Mr. BARROW, Mr. NADLER, Mr. HONDA, Mrs. DAVIS of California, Mr. BROWN of Ohio. THOMPSON of Mississippi, Ms. MCKINNEY, Ms. TIERNEY, Mr. KUCINICH, Ms. PELOSI, Mr. H.R. 438: Mr. COSTA. MCCOLLUM of Minnesota, Mr. MORAN of Vir- PALLONE, Ms. ROYBAL-ALLARD, Mr. DAVIS of H.R. 527: Mr. SHUSTER. ginia, Ms. LEE, Mr. MARKEY, Ms. BEAN, Mr. Illinois, Mr. CLYBURN, Mr. WYNN, Ms. KIL- H.R. 552: Mr. INGLIS of South Carolina HIGGINS, Mr. DOGGETT, and Mr. PRICE of PATRICK of Michigan, Mr. JEFFERSON, Mr. H.R. 559: Mr. COSTELLO. North Carolina. FARR, Ms. WOOLSEY, Ms. WATSON, Ms. EDDIE H.R. 583: Mr. BARROW. H.R. 1355: Mr. AL GREEN of Texas and Mr. BERNICE JOHNSON of Texas, Mr. WEXLER, Mr. H.R. 596: Mr. GALLEGLY and Mr. KING of New York. BOREN. ANDREWS, Mr. BLUMENAUER, and Mr. MICA. H.R. 1409: Mr. DOGGETT. H.R. 2097: Mr. YOUNG of Alaska, Mr. WYNN, H.R. 602: Ms. HARRIS. H.R. 615: Mr. ADERHOLT. H.R. 1415: Mr. CASE and Mrs. MALONEY. and Mr. OWENS. H.R. 633: Mr. GEORGE MILLER of California. H.R. 1424: Mr. PLATTS, Mr. GORDON, and H.R. 2098: Mrs. MCCARTHY, Mr. MCNULTY, H.R. 670: Ms. ZOE LOFGREN of Califonria. Mr. BACHUS. Mr. DICKS, and Mr. OWENS. H.R. 676: Ms. JACKSON-LEE of Texas, Mr. H.R. 1443: Ms. JACKSON-LEE of Texas, Mr. H.R. 2123: Mr. TERRY, Mr. OSBORNE, Mr. WAXMAN, and Mr. THOMPSON of Mississippi. KUCINICH, Mrs. LOWEY, Mr. MOORE of Kansas, TIBERI, Mr. KUHL of New York, and Ms. H.R. 688: Mr. BRADLEY of New Hampshire. and Mr. BRADY of Pennsylvania. FOXX. H.R. 691: Mr. CARDIN. H.R. 1447: Mr. OLVER and Mr. WEXLER. H.R. 2131: Mr. SHAW. H.R. 712: Mr. STUPAK and Mr. BISHOP of H.R. 1469: Mr. REHBERG. H.R. 2134: Mr. SHERMAN. Utah. H.R. 1474: Mr. UDALL of Colorado. H.R. 2216: Mr. WOLF. H.R. 747: Mr. HIGGINS, Mr. KUHL of New H.R. 1482: Mr. LIPINSKI. H.R. 2229: Mr. AKIN and Mr. RENZI. York, Mr. BISHOP of Georgia, and Mr. AN- H.R. 1498: Mr. BROWN of South Carolina and H.R. 2231: Mr. BASS, Mrs. CAPPS, Mr. VAN DREWS. Mr. BARRETT of South Carolina. HOLLEN, Mrs. MCCARTHY, Mr. WOLF, Ms. H.R. 765: Mrs. WILSON of New Mexico. H.R. 1499: Mr. FITZPATRICK of Pennsyl- ESHOO, Ms. HARMAN, Mr. BERMAN, Mr. WYNN, H.R. 772: Mr. FRANK of Massachusetts, Mr. vania, Mr. HAYES, and Mrs. CAPITO. Mr. MCNULTY, Mr. TERRY, Mr. KILDEE, Mr. CHANDLER, and Mr. BOREN. H.R. 1505: Mr. BOREN. DICKS, and Mr. OWENS. H.R. 791: Mrs. CAPPS. H.R. 1538: Mr. ENGEL. H.R. 2238: Mr. ACKERMAN, Ms. BALDWIN, Ms. H.R. 800: Mr. REICHERT. H.R. 1561: Ms. BEAN. BERKLEY, Mr. BOSWELL, Mr. CONYERS, Mr. H.R. 801: Mrs. JONES of Ohio. H.R. 1582: Mr. KILDEE, Mr. LATHAM, and Mr. COOPER, Ms. DELAURO, Mr. EMANUEL, Mr. H.R. 815: Mr. BRADLEY of New Hampshire. TIERNEY. GONZALEZ, Mr. GORDON, Mr. GENE GREEN of H.R. 819: Mr. SOUDER and Mr. MICHAUD. H.R. 1595: Mr. OWENS, Mr. BERMAN, Ms. Texas, Mr. HINCHEY, Mr. ISRAEL, Ms. JACK- H.R. 869: Mr. PETERSON of Pennsylvania. ROYBAL-ALLARD, Mr. GONZALEZ, and Mr. SON-LEE of Texas, Mr. JEFFERSON, Mrs. H.R. 887: Mr. BARROW and Mr. HASTINGS of MCDERMOTT. JONES of Ohio, Ms. MCCOLLUM of Minnesota, Florida. H.R. 1615: Mr. CASE. Mr. PASTOR, Mr. RAHALL, Ms. LINDA T. H.R. 910: Ms. KAPTUR, Mr. WAXMAN, Mr. H.R. 1634: Mr. MOORE of Kansas, Mr. COX, SA´ NCHEZ of California, Mr. SERRANO, Mr. HINCHEY, Mr. BISHOP of Georgia, Mr. Ms. ZOE LOFGREN of California, Mr. DOYLE, SIMMONS, Ms. SLAUGHTER, Mr. STUPAK, Mr. MCHUGH, Mr. LARSON of Connecticut, and Mr. SESSIONS, and Mr. YOUNG of Alaska. VAN HOLLEN, Mr. WATT, Mr. WEXLER, Ms. Mr. LANGEVIN. H.R. 1636: Ms. ZOE LOFGREN of California. WOOLSEY, Mr. WU, Ms. WATSON, Mr. SMITH of H.R. 923: Mr. WOLF. H.R. 1651: Mr. BAKER, Mr. SKELTON, Mr. New Jersey, Mrs. CAPPS, Mr. ROSS, and Mr. H.R. 930: Mr. NEY, Mr. LEWIS of Georgia, TERRY, Mr. CLAY, Mrs. EMERSON, Mr. DEAL of DAVIS of Florida. Mr. BURGESS, Mr. TIBERI, Mr. JENKINS, and Georgia, Mr. RYUN of Kansas, Mr. MORAN of H.R. 2248: Mr. KILDEE. Mr. CARDOZA. Kansas, Mr. HULSHOF, Mr. GRAVES, Mr. H.R. 2259: Mr. ISRAEL. H.R. 994: Mr. NEY, Mr. ETHERIDGE, Ms. BONNER, and Mr. BUTTERFIELD. H.R. 2317: Mr. RYAN of Ohio, Mr. STUPAK, WOOLSEY, Mr. HERGER, Mr. OLVER, Mr. BASS, H.R. 1652: Mr. WAXMAN. Mr. KILDEE, Mr. HINCHEY, Mr. MICHAUD, MS. Mr. SCHIFF, Mr. DOGGETT, Mr. UDALL of Colo- H.R. 1696: Mr. MEEHAN. HARMAN, and Mr. OTTER. rado, Mr. RAMSTAD, Mr. RUPPERSBERGER, Mr. H.R. 1697: Ms. LEE, Ms. JACKSON-LEE of H.R. 2326: Mr. HAYES and Mr. ETHERIDGE. WELLER, Mr. ISRAEL, Mr. DEAL of Georgia, Texas, Ms. LINDA T. SA´ NCHEZ of California, H.R. 2327: Ms. PELOSI, Ms. BERKLEY, Mr. Mr. GOODLATTE, Mr. FATTAH, and Mr. ED- Ms. MILLENDER-MCDONALD, Mr. GORDON, Mr. WAXMAN, Mr. HASTINGS of Flor- WARDS. BUTTERFIELD, Mr. OWENS, Mr. WAXMAN, Ms. ida, Mr. CLAY, Mr. HINCHEY, Mr. HOLDEN, Mr. H.R. 997: Mr. INGLIS of South Carolina and WOOLSEY, Mr. PAYNE, and Mr. BOSWELL. UDALL of Colorado, Mr. HIGGINS, Ms. ESHOO, Mr. MCHENRY. H.R. 1708: Mr. MCINTYRE, Mrs. DAVIS of Mrs. TAUSCHER, Mr. LYNCH, Mr. DEFAZIO, and H.R. 998: Mr. STUPAK, Mr. TANNER, Mr. California, and Mr. WHITFIELD. Mr. CAPUANO. NEAL of Masschusetts, and Mr. RADANOVICH. H.R. 1712: Mr. CASE, Mr. GRIJALVA, Mr. H.R. 2330: Ms. ROS-LEHTINEN and Ms. H.R. 1071: Mr. MARIO DIAZ-BALART of Flor- TOWNS, and Mr. OWENS. PELOSI. ida and Ms. HARMAN. H.R. 1719: Ms. DEGETTE. H.R. 2337: Mr. REHBERG. H.R. 1108: Mr. BRADY of Pennsylvania and H.R. 1729: Mr. CONWAY. H.R. 2344: Mr. STRICKLAND. Mr. KILDEE. H.R. 1736: Mr. PITTS and Mr. FORBES. H.R. 2346: Mr. MCCRERY.

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H.R. 2354: Mr. PAUL, Ms. GINNY BROWN- LER of North Carolina, Mr. MCGOVERN, and Peter A. DeFazio, Wm. Lacy Clay, Diana WAITE of Florida, and Mr. ABERCROMBIE. Mr. OWENS. DeGette, Lloyd Doggett, Grace F. H.R. 2355: Mr. TANCREDO. H.R. 273: Mr. KING of New York, Mr. Napolitano, Benjamin L. Cardin, Carolyn B. H.R. 2357: Mr. SENSENBRENNER and Mr. HASTINGS of Florida, and Mr. WALSH. Maloney, David R. Obey, Joseph Crowley, MARCHANT. H.R. 280: Mr. ISSA, Mr. CHABOT, Mr. CAL- Alcee L. Hastings, Diane E. Watson, Ron H.R. 2391: Mr. MICHAUD and Ms. BORDALLO. VERT, Mr. SESSIONS, Mr. WAXMAN, Mr. AL Kind, Charles A. Gonzalez, Dan Boren, Jim H.R. 2423: Ms. JACKSON-LEE of Texas and GREEN of Texas, Mr. BURTON of Indiana, Mr. Cooper, Michael H. Michaud, Betty McCol- Ms. PRYCE OF OHIO. BLUNT, Mrs. KELLY, Mr. WAMP, Mr. SERRANO, lum, Danny K. Davis, Rick Larsen, Lucille H.R. 2427: Mr. UDALL of New Mexico, Mr. Mr. RYAN of Ohio, Mr. COBLE, Mr. TIBERI, Mr. Roybal-Allard, Barney Frank, Ellen O. MICHAUD, Mr. ALLEN, Mr. SCOTT of Georgia, YOUNG of Alaska, Mr. FRELINGHUYSEN, Mr. Tauscher, Ted Strickland, Lois Capps, Don- Mr. BRADLEY of New Hampshire, Mr. REGULA, Mr. SMITH of New Jersey, Mr. PRICE ald M. Payne, Earl Blumenauer, Thomas H. CARDOZA, Mr. CROWLEY, Mr. HOLT, Mr. of Georgia, Mr. FERGUSON, Mr. WALSH, Mr. Allen, Marcy Kaptur, Susan A. Davis, Ben CLEAVER, and Mr. PAUL. GALLEGLY, Mr. SULLIVAN, Mr. DOOLITTLE, Chandler, Tim Ryan, Sander M. Levin, H.R. 2429: Mr. CROWLEY and Mrs. MCCAR- Mr. ROYCE, Mr. KIRK, Mr. BONNER, Mr. WAL- James P. Moran, Robert C. Scott, Tammy THY. DEN of Oregon, Mr. WELLER, Mr. FOLEY, Mr. Baldwin, Bernard Sanders, Adam Smith, H.R. 2458: Ms. FOXX. GILCHREST, Mr. GERLACH, Mr. SIMPSON, Mr. Nancy Pelosi, Michael F. Doyle, John Con- H.J. Res. 10: Mr. ROGERS of Alabama. TERRY, Mr. SHAYS, Mr. SIMMONS, Mrs. yers, Jr., Ed Case, Carolyn C. Kilpatrick, Al- H.J. Res. 37: Mr. CLYBURN, Mr. FORD, Mr. MCCARTHY, Mr. MCNULTY, Mr. HASTINGS of bert Russell Wynn, Henry A. Waxman, James CLEAVER, Mr. CUELLAR, Mr. REYES, Ms. MAT- Florida, Ms. ZOE LOFGREN of California and R. Langevin, Gary L. Ackerman, Raul M. SUI, Ms. HOOLEY, Mrs. BIGGERT, Mr. KAN- Mr. HONDA. Grijalva, Tom Lantos, James E. Clyburn, JORSKI, Mr. SPRATT, and Mr. BISHOP of New f Robert Wexler, Linda T. Sanchez, David Wu, York. Vic Snyder, James L. Oberstar, Brian Baird, H.J. Res. 39: Mr. LEWIS of Kentucky and DELETIONS OF SPONSORS FROM Xavier Becerra, Sherrod Brown, Patrick J. Mr. RADANOVICH. PUBLIC BILLS AND RESOLUTIONS Kennedy, Nick J. Rahall II, Jerrold Nadler, H. Con. Res. 40: Mr. GORDON. Anna G. Eshoo, Bart Gordon, Maurice D. H. Con. Res. 89: Ms. WATSON and Mr. SHER- Under clause 7 of rule XII, sponsors Hinchey, Leonard L. Boswell, David E. Price, MAN. were deleted from public bills and reso- Fortney Pete Stark, Lane Evans, Michael E. H. Con. Res. 137: Mr. MENENDEZ. lutions as follows: Capuano, Bart Stupak, Bob Filner, John D. H. Con. Res. 149: Mr. MARSHALL, Ms. HAR- Dingell, Allen Boyd, Anthony D. Weiner, MAN, and Mr. MURPHY. H.R. 415: Mr. MCGOVERN. John T. Salazar, William D. Delahunt, Jan- H. Con. Res. 156: Mr. NEY, Mr. MCHENRY, f ice D. Schakowsky, Jim Costa, Tim Holden, Mr. PITTS, Mr. DOOLITTLE, Mr. FEENEY, Mr. George Miller, Howard L. Berman, Charles B. GOODE, Mr. HENSARLING, Mr. SODREL, Mr. DISCHARGE PETITIONS Rangel, Jim Davis, L. A. Dutch GINGREY, Mr. KING of Iowa, Mr. BURTON of Under clause 2 of rule XV, the fol- Ruppersberger, Rahm Emanuel, Sam Farr, Indiana, Mr. PEARCE, Mr. BONILLA, Mr. lowing discharge petition was filed: Dennis J. Kucinich, Jim McDermott, Neil DELAY, Mr. SMITH of Texas, Mr. GOHMERT, Abercrombie, Nita A. Lowey, Paul E. Kan- Mr. CONAWAY, Mr. SAM JOHNSON of Texas, Petition 1, May 18, 2005, by Ms. HOOLEY, jorski, Al Green, Silvestre Reyes, Eward J. Mr. SESSIONS, Mr. MARCHANT, Mr. on House Resolution 276, was signed by the Markey, Ed Pastor, Jim Marshall, Elijah E. CULBERSON, Mr. MCCAUL of Texas, Mr. SES- following Members: Darlene Hooley, Steve Cummings, Robert E. (Bud) Cramer, Jr., and SIONS, Mr. MARCHANT, Mr. CULBERSON, Mr. Israel, Bennie G. Thompson, Rosa L. Chaka Fattah. MCCAUL of Texas, and Mr. CARTER. DeLauro, Louise McIntosh Slaughter, Artur H. Res. 30: Mr. BROWN of Ohio, Mr. DAVIS of Davis, Eddie Bernice Johnson, Dennis A. Illinois, Mr. CONYERS, and Mr. NEAL of Mas- Cardoza, Corrine Brown, Dennis Moore, Tom f sachusetts. Udall, Stephen F. Lynch, Allyson Y. H. Res. 121: Mr. FEENEY, Mr. KING of Iowa, Schwartz, Dale E. Kildee, Michael R. McNul- AMENDMENTS ty, Martin T. Meehan, Hilda L. Solis, Bar- Mr. HENSARLING, Mr. PENCE, Mr. GINGREY, Under clause 8 of rule XVIII, pro- Mr. RYAN of Wisconsin, and Mr. CHOCOLA. bara Lee, G. K. Butterfield, Emanuel Cleav- H. Res. 158: Mr. HINCHEY. er, Ruben Hinojosa, Doris O. Matsui, Adam posed amendments were submitted as H. Res. 166: Mr. PASTOR and Mrs. MCCAR- B. Schiff, Loretta Sanchez, Debbie follows: THY. Wasserman Schultz, Chris Van Hollen, Brian H.R. 2361 H. Res. 196: Mr. AL GREEN of Texas and Mr. Higgins, Timothy H. Bishop, Mike Ross, OFFERED BY: MR. DOOLITTLE MENENDEZ. Shelley Berkley, Russ Carnahan, Lynn C. H. Res. 243: Mr. FITZPATRICK of Pennsyl- Woolsey, Michael M. Honda, John Barrow, AMENDMENT NO. 20: At the end of the bill vania. John F. Tierney, Major R. Owens, Gwen (before the short title), add the following H. Res. 252: Mr. CONAWAY and Mr. GOODE. Moore, Julia Carson, Nydia M. Velazquez, new section: H. Res. 261: Mr. FRANK of Massachusetts, Stephanie Herseth, Henry Cuellar, Joe Baca, SEC. 4ll. None of the funds made avail- Mr. ENGLISH of Pennsylvania, and Mr. AL Daniel Lipinski, Carolyn McCarthy, Jose E. able in this Act for the Department of the GREEN of Texas. Serrano, Sanford D. Bishop, Jr., Solomon P. Interior may be used to implement the first H.R. 272: Mr. LEACH, Ms. WATSON, Ms. HAR- Ortiz, John W. Olver, Robert A. Brady, Steny proviso under the heading ‘‘UNITED STATES MAN, Mr. FITZPATRICK of Pennsylvania, Mr. H. Hoyer, Gene Green, Sheila Jackson-Lee, FISH AND WILDLIFE SERVICE—LAND ACQUISI- WEXLER, Mr. SHERMAN, Mr. SCHIFF, Mr. MIL- James P. McGovern, Kendrick B. Meek, TION’’.

VerDate Aug 31 2005 07:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19MY5.REC H19MY5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, MAY 19, 2005 No. 67 Senate The Senate met at 9:30 a.m. and was ceed to executive session for the con- Yesterday, 21 Senators—evenly di- called to order by the President pro sideration of calendar No. 71, which the vided, I believe 11 Republicans and 10 tempore (Mr. STEVENS). clerk will report. Democrats—debated for over 10 hours The legislative clerk read the nomi- on the nomination of Priscilla Owen. PRAYER nation of Priscilla Richman Owen, of We will continue that debate—10 hours The Chaplain, Dr. Barry C. Black, of- Texas, to be United States Circuit yesterday—maybe 20 hours, maybe 30 fered the following prayer: Judge for the Fifth Circuit. hours, and we will take as long as it Let us pray. RECOGNITION OF THE MAJORITY LEADER takes for Senators to express their God of grace and glory, open our eyes The PRESIDENT pro tempore. The views on this qualified nominee. to the power You provide for all of our majority leader is recognized. But at some point that debate should challenges. Give us a glimpse of Your SCHEDULE end and there should be a vote. It ability to do what seems impossible, to Mr. FRIST. Mr. President, today we makes sense: up or down, ‘‘yes’’ or exceed what we can request or imagine. will resume executive session to con- ‘‘no,’’ confirm or reject; and then we Encourage us again with Your promise sider Priscilla Owen to be a U.S. circuit move on in regular order. to never forsake us and to render inef- court judge for the Fifth Circuit. We Senators can vote to confirm or re- fectual the weapons we face. will continue the debate, as we did yes- ject a nominee. But we should fulfill Strengthen the Members of this body terday, by rotating back and forth be- our constitutional responsibility to in their efforts to do good, knowing tween the aisle every 60 minutes. I give advice and consent by voting up or that in due season You will bring a think this orderly flow of debate will down. bountiful harvest. Sustain them during be helpful in terms of scheduling Mem- The nominee before us is Priscilla today’s challenging labors. Give them bers’ speaking times. It worked well Owen, a Texas Supreme Court justice more than human wisdom to solve the yesterday, and I would expect it to be nominated to serve on the Fifth Circuit problems of these momentous times. orderly today as well. I know there is a Court of Appeals. I have studied her Provide them with the insight to know large number of Senators who have in- record. I have had the opportunity to what is right and the courage to do it. dicated their desire to speak, and we meet with her personally. I believe she We pray in Your holy Name. Amen. will remain on the nomination to give would serve our Nation well as a circuit court judge. f everyone a chance to fully voice their concerns and their discussion on this Her academic and professional quali- PLEDGE OF ALLEGIANCE very qualified nominee. fications are outstanding. She grad- The PRESIDENT pro tempore led the I am hopeful that at some point we uated near the top of her class in law Pledge of Allegiance, as follows: will be able to schedule a vote on the school, and she once achieved the high- I pledge allegiance to the Flag of the nomination, and I will update Members est score in the State of Texas on the United States of America, and to the Repub- later today on the upcoming schedule bar exam. The American Bar Associa- lic for which it stands, one nation under God, as it relates to the nomination of Pris- tion unanimously rated her ‘‘well indivisible, with liberty and justice for all. cilla Owen. qualified,’’ its highest possible rating. f Mr. President, I will have a brief Her opponents suggest she is a judi- statement—the Democratic leader and cial activist who is out of the main- RESERVATION OF LEADER TIME I were just discussing our plans—and stream. Her record simply shows that The PRESIDENT pro tempore. Under then he will have a statement, and is not true. She was reelected by 84 per- the previous order, the leadership time then at that juncture I believe we will cent of Texans. Are 84 percent of Tex- is reserved. proceed as we set out the time schedule ans really out of the mainstream? She f yesterday, alternating back and forth. is supported by Republicans and Demo- Mr. President, we did, yesterday, crats on the Texas Supreme Court. She EXECUTIVE SESSION have a vibrant and spirited debate on has been endorsed by every major the Senate floor. We have been debat- newspaper in her home State. ing a very simple principle—one based That is a mainstream record. NOMINATION OF PRISCILLA on fairness and one grounded in the In her judicial decisions, some on the RICHMAN OWEN TO BE UNITED Constitution. The principle is that ju- floor over the last day, and actually STATES CIRCUIT JUDGE FOR dicial nominees, with the support of a last week as well, have criticized her as THE FIFTH CIRCUIT—Resumed majority of Senators, deserve a fair up- a judicial activist in cases, and the The PRESIDENT pro tempore. Under or-down vote on the floor of the Sen- focus has always been on these cases the previous order, the Senate will pro- ate. involving a parental notification law.

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

S5453

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5454 CONGRESSIONAL RECORD — SENATE May 19, 2005 The law is not about whether a minor Owen. This professor, Linda Eads, is a I yield the floor. is able to have an abortion or whether member of the Texas Supreme Court EXHIBIT 1 a minor must receive parental consent Advisory Committee that drafted rules TEXAS STATE SENATE, DISTRICT 8, before having an abortion. The law to help judges deciding cases under this Plano, Texas, May 16, 2005. simply requires a parent to be notified law, the parental notification law. She Hon. Chairman ARLEN SPECTER, if their child is having an abortion, ex- says Justice Owen’s decisions ‘‘do not Committee on the Judiciary, U.S. Senate, Rus- cept in certain circumstances. demonstrate judicial activism. She did sell Senate Office Bldg., Washington, DC. The author of the law, and 26 other what good appellate judges do every DEAR CHAIRMAN SPECTER: I, along with my colleagues in the Texas Senate and Texas members of the Texas legislature, have day . . . if this is activism, then any House of Representatives, am writing to ex- defended Justice Owen’s opinions, and judicial interpretation of a statute’s press my full and unconditional support for it is spelled out clearly in a letter of terms is judicial activism.’’ Justice Priscilla Owen’s nomination to the May 16, 2005, that is signed by the au- If you look fairly at Justice Owen’s U.S. Court of Appeals for the Fifth Circuit. thor of the legislation itself and 26 record, you will see a well-qualified, As the author of the Texas Parental Notifi- other members of the Texas legisla- mainstream judge. cation Act (SB 30/HB 623), I followed closely the Texas State Supreme Court rulings re- ture. But I will say, as we step back and look at the larger debate, some Sen- garding that statute. As such, we are dis- The letter is interesting. It is a letter turbed by the recent attacks on Justice dated May 16, and it is a letter that ators may draw different conclusions Owen’s review of the Texas Parental Notifi- was sent to Senator SPECTER, of the about Justice Owen, and they may de- cation Act. Justice Owen’s opponents have Judiciary Committee, and Senator cide she does not deserve confirmation. characterized her as an activist member of LEAHY. The letter is indeed quite pow- Indeed, they may decide that none of the bench, and nothing could be further from erful. I would like to read just a couple the President’s nominees deserve con- the truth. firmation. And they, as Senators, are To the contrary, her opinions interpreting sections from the letter. the Texas Parental Notification Act serve as Mr. President, I ask unanimous con- entitled to that choice. But they prime examples of her judicial restraint. Al- sent that following my remarks the en- should express that choice, give that though some might try to hold up the Texas tire letter be printed in the RECORD. advice and consent by a vote, an up-or- Parental Notification Act as a litmus test on The PRESIDENT pro tempore. With- down vote, ‘‘yes’’ or ‘‘no,’’ confirm or abortion, they simply cannot make the case. out objection, it is so ordered. reject. They should not hide behind a The Act is not about whether a minor is able (See Exhibit 1.) procedure that prevents 100 Senators to have an abortion or must receive parental Mr. FRIST. The letter reads pretty consent, but whether a parent should be no- from their responsibility, their duty to tified. The Act recognizes that a girl may clearly: ‘‘Dear Chairman SPECTER’’— vote ‘‘yes’’ or ‘‘no’’ on the nominee, up have an abortion and does not question and there was a copy sent to Senator or down. whether the Constitution guarantees that LEAHY. This is from the author of the As everyone knows, I have advocated right. legislation of which these accusations fair up-or-down votes for judicial nomi- Throughout the series of cases, Justice of judicial activism have been floating nees again and again and again and Owen’s interpretations of legislative intent around on the floor. These are the au- will continue to do so. In the past, were based on careful reading of the new thors, the people who wrote—who statute and the governing U.S. Supreme some of our colleagues on the other Court precedent. For example, Justice wrote—the legislation. I quote from side of the aisle have shared this view. Owen’s opinion that a minor should ‘‘indi- the letter: Many of them have argued forcefully cate to the court that she is aware of and has I, along with my colleagues in the Texas and eloquently for up-or-down votes on considered that there are philosophic, social, Senate and Texas House of Representatives, judicial nominees. Let me share some moral, and religious arguments that can be am writing to express my full and uncondi- of their arguments with you. brought to bear when considering abortion.’’ tional support for Justice Priscilla Owen’s One Senator on the other side of the This opinion is consistent with prior U.S. nomination to the U.S. Court of Appeals for aisle, in opposition to giving up-or- Supreme Court precedent stating: ‘‘The wait- the Fifth Circuit. As the author of the Texas ing period, for example, may provide the par- Parental Notification Act, I followed closely down votes today, said: ent or parents of a pregnant young woman the Texas State Supreme Court rulings re- [E]veryone who is nominated ought to the opportunity to consult with her in pri- garding that statute. As such, we are dis- have a hearing and to have a shot to be heard vate, and to discuss the consequences of her turbed by the recent attacks on Justice on the floor and have a vote on the floor. decision in the context of the values and Owen’s review of the Texas Parental Notifi- Another Democratic Senator said: moral or religious principles of their family’’ cation Act. Justice Owen’s opponents have A nominee is entitled to a vote. Vote them (Planned Parenthood v. Casey). characterized her as an activist member of up; vote them down. . . . If there are things In short, Justice Owen’s academic and pro- the bench, and nothing could be further from in their background, in their abilities that fessional qualifications are beyond question. We strongly urge Senators to vote positively the truth. don’t pass muster, vote no. Our institutional on her nomination. integrity requires an up-or-down vote. The letter continues: Very truly yours, To the contrary, her opinions interpreting Another Democratic Senator noted Sen. FLORENCE SHAPIRO, the Texas Parental Notification Act serve as that: President Pro Tempore. prime examples of her judicial restraint. According to the U.S. Constitution, the Sen. Chris Harris; Sen. Jane Nelson; Rep. Mr. President, I will have my col- President nominates, and the Senate shall Brian McCall; Rep. Harvey Hilderbran; leagues read the remainder of the let- provide advice and consent. It is not the role Rep. Suzanna Gratia Hupp; Rep. Betty ter. It goes on and gives examples in of the Senate to obstruct the process and Brown; Rep. Robert E. Talton; Rep. explaining that statement. And then, prevent numbers of highly qualified nomi- Kent Grusendorf; Rep. Gary Elkins; down in the following paragraph, I nees from even being given the opportunity Rep. Edmund Kuempel; Rep. Joe Crabb; for a vote on the Senate floor. quote: Rep. Leo Berman; Rep. Mike Krusee; These are all arguments from my Rep. Dianne White Delisi; Rep. Joe L. Throughout the series of cases, Justice Driver; Rep. Frank J. Corte, Jr.; Rep. Owen’s interpretation of legislative intent Democratic colleagues in years past. Fred Brown; Rep. Peggy Hamric; Rep. were based on careful reading of the new These quotes capture what this debate Joe Nixon; Rep. Mary Denny; Rep. statute and the governing U.S. Supreme today is all about. It is about fairness. Elvira Reyna; Rep. Geanie Morrison; Court precedent. It is about principle. It is about the Rep. Eugene Seaman; Rep. Anna This is the final sentence of the let- constitutional duty of every Senator. Mowery; Rep. Richard L. Hardcastle; ter: The Senate must do what is right. We and Rep. Ray Allen. In short, Justice Owen’s academic and pro- must do what is fair. We must do the RECOGNITION OF THE MINORITY LEADER fessional qualifications are beyond question. job the American people elected us to The PRESIDENT pro tempore. The We strongly urge Senators to vote positively do. Democratic leader is recognized. on her nomination. So let us continue to debate. Let Mr. REID. It is my understanding Again, it is signed by the author, Senators exercise their right to speak. that we go to the debate on Judge Florence Shapiro, and, again, 26 others We may not agree. We will not agree on Owen at what time? from the house of representatives and every judicial nominee, but we can The PRESIDENT pro tempore. We senate in Texas. agree on the principle that every quali- are on debate now. In addition, a pro-choice Democratic fied judicial nominee deserves an up- Mr. REID. I ask unanimous consent law professor also has defended Justice or-down vote. that the time of the two leaders not

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5455 take away from the debate that will ‘‘A full-dress Republican-led fili- unanimous consent. Things won’t work begin at 9:45. What I am saying is, buster.’’ We have had filibusters. That as well as they could have. We need to whatever time we use, the debate is what has been disappointing to me avoid this. We are all legislators. should start immediately after our with some of my colleagues in saying But, sadly, now the President of the time, the incremental time. there has not been a filibuster. There United States has joined the fray and The PRESIDENT pro tempore. The has been. During the Clinton adminis- become the latest to rewrite the Con- leader time is reserved. The Senator is tration, more than 60 judicial nominees stitution and reinvent reality. Speak- entitled to take it. The controlled time were bottled up in the Judiciary Com- ing to fellow Republicans on Tuesday does not begin until 10 a.m. mittee and never received floor votes. night, 2 days ago, he said the Senate Mr. REID. I realize that. I would like Of course, as indicated by my distin- ‘‘has a duty to promptly consider each to reserve my time and use this time to guished friend, the Republican leader, . . . nominee on the Senate floor, dis- speak on the matter now before the during that period of time Democrats cuss and debate their qualifications Senate. were complaining about what was and then give them the up-or-down The PRESIDENT pro tempore. The going on, saying there should have vote they deserve.’’ Every one of the 10 time between now and 10 a.m. is not been hearings in the Senate, and even he speaks of had votes, every one of controlled. came to the floor—and these were ac- them. Right here on the Senate floor, Mr. REID. Just so I understand, it curate quotes of the majority leader— people walked down to these tables and was my understanding the debate on saying: Let’s have some votes, let’s their name was called and they voted. Priscilla Owen was supposed to start at have some votes on these people. Referring to the President’s words, quarter to 10. Well, Mr. President, we never said we duty to whom? The radical right who The PRESIDENT pro tempore. It is would break the rules to change the see within their reach the destruction to start at 10 o’clock. of America’s mainstream values. Cer- Mr. REID. I misunderstood. I apolo- rules. To change the rules in the Sen- tainly not duty to the tenets of our gize, Mr. President. ate can’t be done by a simple majority. Constitution or to the American people (Mr. VITTER assumed the Chair.) It can only be done if there is extended Mr. REID. Mr. President, I have ad- debate by 67 votes. So I do not at all who are waiting for progress and prom- dressed the Senate on several occasions say that the statements made by the ise, not partisanship and petty debates. to do what I believe is setting the Republican leader were wrong about The duties of the Senate are set forth record straight about Senate history our wanting votes and we were dis- in the U.S. Constitution. Nowhere in and the rules of this body. But, frank- turbed that there are no votes, but we that document does it say the Senate ly, I would much rather address wage never, ever suggested that rules should has a duty to give Presidential ap- and health care costs, bringing down be broken. pointees a vote. It says appointments gas prices, talk about education, spi- But in addition to the pocket filibus- shall be made with the advice and con- raling deficits we have. But the major- ters—call them whatever you want— sent of the Senate. That is very dif- ity leader has decided we will spend the 60, I think 69 nominations never ferent than saying every nominee re- this week and next week, or at least made it out of the Russell Building, ceives a vote. I repeat, all of these part of next week, talking about judges out of the Judiciary Committee, but in about which we are concerned, includ- who I believe, Mr. President, are not in addition to those performances, Repub- ing Priscilla Owen, have had a vote, the mainstream of American jurispru- licans engaged in explicit filibusters on right here. The fact was even acknowl- dence. the floor against a number of Clinton edged by the majority leader that a I am happy to engage in this debate. judges when they did get out of com- vote is not required. Senator BYRD I would rather not. But I do want the mittee, and they defeated a number of asked the majority leader—Senator debate to be accurate. For example, my President Clinton’s executive branch BYRD was here, the majority leader was good friend, the distinguished Repub- nominees by filibuster. here—last week, he asked the majority lican leader, issued a statement last It is the same advice and consent leader if the Constitution accorded Friday in which he called the filibuster clause. Why, if a filibuster of Surgeon each nominee an up-or-down vote on a ‘‘procedural gimmick.’’ I took time General Henry Foster was constitu- the Senate floor. The answer was no. yesterday to correct that assertion, tional, is a Democratic filibuster of Senator FRIST was candid. The answer setting forth in the RECORD what the Fifth Circuit Court nominee Priscilla was no. The language was not there, word ‘‘gimmick’’ means. The dic- Owen unconstitutional? If Foster is Senator FRIST said. He is correct. Sen- tionary defines it as a scheme, a new constitutional, why wouldn’t the same ators should read the same copy of the scheme. I indicated that certainly the apply to Priscilla Owen? The Repub- Constitution Senator FRIST had memo- filibuster was everything but that. It is lican argument doesn’t add up. rized. not a gimmick. It has been part of the But I would say this to my friend, the It is clear that the President mis- Nation’s history for two centuries. It is Presiding Officer. I have said let’s not understands the meaning of the advice one of the vital checks and balances es- dwell on what went on in the Clinton and consent clause. The word ‘‘advice’’ tablished by our visionary Founding administration. Let’s not dwell on means advice. President Clinton con- Fathers. It is not a gimmick. what went on in the 4 years of Presi- sulted extensively with then Judiciary Also, some Republicans have stated dent Bush’s administration. I am sure Chairman HATCH, and as a result of improperly the use of the filibuster. there is plenty of blame to go around. that we debated Ginsburg and Stephen They have said time and time again As we look back, I am not sure—and it Breyer to the Supreme Court, both fine that the defeat of a handful of Presi- is difficult to say this, but I say it—I minds, fine justices. In contrast, this dent Bush’s judicial nominees is un- am not sure either was handled prop- President never sought or heeded ad- precedented. In fact, hundreds of judi- erly. I have known it wasn’t right to vice of the Senate. Now he demands cial nominees in American history simply bury 69 nominations, and in our consent. have been rejected by the Senate, hindsight maybe we could have done That is not how America works. The many by filibuster. these 10 a little differently. But the Senate is not a rubber stamp for the There was, of course, the most nota- American people are tired of what we executive branch. Rather, we are the ble, the nomination of Abe Fortas, to are doing, tired of the constant fight- one institution where the minority has be Chief Justice of the United States. ing going on. What is going to take the voice and ability to check the He was successfully filibustered in 1968. place if this continues? power of the majority. Today, in the Here, Mr. President, is a Washington We will have a vote sometime next face of President Bush’s power grab, it Post which I read in the morning when week. It will be a close vote, of course, is more important than ever. Repub- I come in. It is from many years ago. We only need six Republicans. The Pre- licans want one-party rule. The Senate The first sentence: siding Officer was formerly chairman is the last place where the President A full-dress Republican-led filibuster broke of the powerful Appropriations Com- and Republicans can’t have it all. Now out in the Senate yesterday against a mo- mittee. It is very difficult at best to the President wants to destroy our tion to call up the nomination of Justice Abe get appropriations bills passed. Most checks and balances to assure that he Fortas for Chief Justice of the United States. everything around here is done by does get it all.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5456 CONGRESSIONAL RECORD — SENATE May 19, 2005 That check on his power is the right wants to make their life harder and de- the separation of church and state or to extended debate. Every Senator can stroy their hopes and dreams should be freedom for all Americans to practice stand on behalf of the people who have elevated for a lifetime to one of most religion? sent them here and say their piece. In powerful courts in the country. She has She has expanded the rights of cor- the Senate’s 200-plus years of history, been nominated to a court that over- porations at the expense of individ- this has been done hundreds and hun- seas the actions of Federal agencies re- uals—arguing to give corporations dreds of times—stand up to popular sponsible for worker protections, envi- more leeway against attempts to pre- Presidents, to unpopular Presidents, ronmental laws and civil rights and vent consumer fraud—some of these arrogant with power, to block legisla- consumer protection. She has made no things make you smile—to stop the tion harmful to American workers in secret of her disdain for Government. sale of cigarettes to minors, to prevent the eyes of the Senator, and, yes, even According to Justice Brown, Govern- discrimination against women and in- to reject Presidential nominations, ment destroys families, takes property, dividuals. She may be the daughter of even judicial nominations. is the cause of a ‘‘debased, debauched a sharecropper, but she has never Who are the nominees now before culture,’’ and threatens civilization. looked back to ensure legal rights of this Senate? That is her statement. millions of Americans still fighting to Priscilla Owen is a Texas Supreme Mr. SCHUMER. Would my colleague build better lives for their children and Court justice nominated to the Fifth yield for a question? their children’s children. They may not Circuit. She sides with big business and Mr. REID. I would be happy to yield be sharecroppers, but they live like corporate interests against workers for a question. sharecroppers, and she has done noth- and consumers in case after case re- Mr. SCHUMER. I thank my col- ing to protect them. gardless of what the law is. Her colleague. I think my colleague was in the These are the nominees over which leagues on the conservative Texas Chamber yesterday when Senator the Republican leadership is waging court have written that she legislates FRIST first rose to speak and talked this fight, and they are prepared to de- from the bench. Her own colleagues about the 214 years of tradition of not stroy the Senate that has existed for have called her opinions ‘‘nothing more doing filibusters of judges. I asked him 200 years to do so. than inflammatory rhetoric,’’ her in- about his vote on March 8, 2000, 5:51 The Senate is a body of moderation. terpretation of the law to be ‘‘mis- p.m. He voted to filibuster Judge Paez. While the House is the voice of a single conceptions,’’ and those are quotes, In fact, it was clearly a filibuster. The man, single woman, and the House of and even rebuked her for second-guess- statement of the leader of that fili- Representatives is a voice of the major- ing the legislature on vital pieces of buster, who was Senator Smith, our ity, the Senate is the forum of the legislation. If she wanted to legislate, former colleague from New Hampshire, States. It is the saucer that cools the she should run for Congress. If she is obvious. The Senator ‘‘led a fili- coffee. It is the world’s greatest delib- wants to interpret and uphold the law, buster yesterday on the nomination of erative body. How will we call this the she should be a judge. She cannot do Richard Paez.’’ You may remember world’s greatest deliberative body after both. And I might note that the Attor- that Senator FRIST said he would re- the majority breaks the rules to si- ney General of the United States has turn to the floor yesterday and answer lence the minority? Breaking the rules called her activism unconscionable. how he could distinguish between say- to change the rules. This vision of our I read to the Senate yesterday what ing there is a grand tradition in the Government—the vision of our Found- that word means. Unconscionable. It, Senate of no filibuster, but he partici- ing Fathers—no longer suits President Mr. President, means that her acts are pated in one. Just 5 years ago. My col- Bush and the Republicans in the Sen- out of the mainstream for sure. Let me league was on the floor—I was not— ate. They don’t want consensus or com- flip open my dictionary here. ‘‘Uncon- earlier this morning. I had hoped to get promise. They don’t want advice and scionable.’’ ‘‘Shockingly unjust’’ and here when Senator FRIST spoke. I consent. They want absolute power. ‘‘unscrupulous.’’ That is what the At- would just ask my colleague, did he To get it, the President and majority torney General of the United States hear any answer to that question which leader will do all they can to silence said about Priscilla Owen. I repeat: Senator FRIST has promised? the minority in the Senate and remove ‘‘shockingly unjust, unscrupulous.’’ He Mr. REID. I say through the Chair to the last check we have in Washington served with her on the supreme court. my friend, I was present and partici- against this abuse of power. The White He should know. pated in attempting to break the fili- House is trying to grab power over two In case after case, her record marks buster of Paez. I know how the distin- separate branches of government—Con- her as a judge willing to make law guished Republican leader voted. I was gress and the judiciary. They are en- from the bench rather than follow the here this morning, and I heard no an- listing the help of the Republican Sen- language of the legislature judicial swer to the question asked by the Sen- ate leadership to do it. Republicans are precedent. She has demonstrated this ator from New York. demanding a power no President has tendency most clearly in a series of Mr. SCHUMER. So it would be fair to ever had, and they are willing to break dissents involving a Texas law pro- say that he has still not answered the the rules to do it. viding for a judicial bypass of parental question, even though he said yester- Make no mistake. This is about more notification requirements for minors day that he would come back and an- than breaking the rules of the Senate seeking abortion. She sought to erect swer it. or the future of seven radical judges. barriers that did not exist in law such Mr. REID. He has not done that pub- At the end of day, this is about the as requiring religious counseling for licly. That is correct. rights and freedoms of millions of minors. Good idea, perhaps, but not Mr. SCHUMER. I thank my colleague Americans. The attempt to do away something that you do from the bench. for yielding for a question. with the filibuster is nothing short of It should be done by the legislature. Mr. REID. Justice Brown received a clearing the trees for the confirmation Janice Rogers Brown, a supreme ‘‘not qualified’’ rating from the Cali- of an unacceptable nominee to the Su- court justice from California, nomi- fornia judicial commission when she preme Court. If the majority gets its nated to the DC Circuit, is using her was nominated for the Supreme Court way, President Bush and the far, far seat on the bench to wage an ideolog- of California because of her tendency right will have the sole power to put ical war against America’s social safe- to inject her political and philo- whoever they want on the Supreme ty net. She wants to take America sophical views into her opinions and Court—Pat Robertson, Phyllis back to the 19th century and undo the complaints that she was insensitive to Schlafly. They don’t want someone New Deal which includes Social Secu- established legal precedent. who represents the values of all Ameri- rity and vital protections for working Speaking recently at church on ‘‘Jus- cans, someone who can win bipartisan Americans like the minimum wage. tice Sunday,’’ Justice Brown pro- consensus. They want someone who Every Senator in this body should tell claimed a ‘‘war’’ between religious peo- can skate through with only a bare the more than 10 million working ple and the rest of America. Imagine partisan majority, someone whose be- Americans already living in poverty on that. Is this someone we want pro- liefs are on the fringes of our society. the minimum wage why someone who tecting the constitutional doctrine of Nobody will be able to stop them from

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5457 placing these people on the highest of a judge who interprets the law and was referring to himself. That by itself court of the land—extremist judges does not legislate on the bench. should dispose of the matter. Else- who won’t protect our rights and who Let’s get to the heart of the matter. where in the same opinion, Justice hold values far outside the mainstream One of the major criticisms of Justice Gonzales wrote another sentence. Curi- of America. Owen is her effort to interpret a 1999 ously, that sentence is never cited by Here is what is really at stake: The law passed by the Texas State legisla- opponents of Justice Owen. civil rights of millions of Americans; ture requiring parental notification be- Let me quote what Justice Gonzales voting rights of millions of Americans; fore a minor can obtain an abortion. wrote: the right to clean water to drink and Most of the groups opposing Justice safe air to breathe for millions of Owen strenuously opposed passage of Every member of this court agrees that the duty of a judge is to follow the law as writ- Americans; the right to free speech and that law in the first place. But the ten by the legislature. religious briefs for millions of Ameri- Texas legislature did approve a paren- cans; the right to equality, oppor- tal notification requirement with a In other words, he specifically stated tunity, and justice for millions of strong bipartisan majority, favoring it that none of the nine justices on the Americans; nothing less than the indi- in both the Texas House and Senate. Texas Supreme Court is a judicial ac- vidual rights and liberties of all Ameri- The House was controlled by Demo- tivist. cans. crats at the time, and it required any Finally, let me point out that Justice It is up to us to say no to the abuse minor seeking an abortion to notify at Gonzales was White House counsel of power, to stand up for the Constitu- least one parent, or receive permission when President Bush nominated Jus- tion. We need people who have the abil- from a judge to bypass that step. It was tice Owen for the Fifth Circuit in 2001. ity to be profiles in courage. Let the later up to the supreme court to inter- In other words, General Gonzales was President and the Republican Party pret that bill. in charge of the process that produced know that the Supreme Court is not The law did not provide clear direc- Justice Owen’s nomination. Does any- theirs to claim. tion to the justices on several key body seriously believe he would select The debate all comes down to this: points. We are talking about 13 cases a nominee for this position if he Will we let George Bush turn the Sen- that came to the supreme court for re- thought she were a judicial activist? ate into a rubber stamp to fill the Su- view. As sometimes occurs, the court I want to look at the 13 cases from a preme Court with people from the ex- was divided in how to interpret the statistical standpoint. Justice Owen is treme right’s wish list, or will we up- law, particularly the portion allowing solidly in the mainstream of her court. hold the Constitution’s use of advice a minor to bypass parental notification In these 13 rulings, Justice Owen was in and consent powers to free the Presi- by going to court. Some justices—a the majority 10 times and found herself dent to be like other Presidents have majority—looked to other States on in dissent only on 3 occasions. She dis- been, to force the President to look at how their courts interpreted their pa- agreed with the majority decision the mainstream? I hope it is the latter. rental notification statutes, even three times. In those 13 cases, the I know that is what my fellow Demo- though those States that had different Texas Supreme Court required notifi- crats and I will fight for, and I hope laws and different legislative histories. cation 6 times and facilitated a judicial there are at least six responsible Re- Other justices, including Justice Owen, bypass 7 times. So Justice Owen voted publicans who will stand up and have looked first at the intent of the Texas to require parental notification in nine the courage to join in this momentous legislature. She then looked to rulings cases and to facilitate the judicial by- battle. of the U.S. Supreme Court. She rea- pass in four. Remember, no case on ju- Will the Chair advise me as to what soned, correctly, that the legislature dicial bypass reached the Texas Su- the order is now for debate to go for- had attempted to fashion the law to preme Court at all unless it had first ward on the nomination? conform with Supreme Court rulings. been denied by two courts and by up to The PRESIDING OFFICER. The time Still other justices, I should add, four judges. This is important, because on the minority side has now expired, took a different approach to analyze under our system, the trial court is and the time from now until approxi- the bypass provision and, in some charged with ascertaining the facts in mately 10:45 is under the control of the cases, they would have required greater a case. In other words, Justice Owen is majority leader or his designee. restrictions on use of the judicial by- being faulted for being more willing to Mr. REID. And then after that, we pass than Justice Owen would have im- defer to trial court findings of fact be- will go an hourly basis. posed. One of Justice Owen’s colleagues cause she knows trial judges have the The PRESIDING OFFICER. That is on the supreme court at that time was unique ability to assess a witness’s de- correct. Alberto Gonzales, now the U.S. Attor- meanor and credibility. Mr. REID. I hope I didn’t inconven- ney General. The opposition to Justice ience the majority with taking too Owen rests much of its case on a single Now, was Justice Owen’s approach in much time. If I did, we will try to read- phrase in one of then Justice the mainstream? Earlier this week, the just it later. Gonzales’s opinions in which he re- Senate was visited by a group of six The PRESIDING OFFICER. The Sen- ferred to judicial activism. Texans. They represent diverse views, ator from Texas is recognized. He later, and under oath, clarified but they came to Washington to sup- Mrs. HUTCHISON. Mr. President, I what he was talking about. He said: port Justice Owen and asked for fair am pleased the debate on Priscilla ‘‘My comment about an act of judicial ac- treatment of her. They included Tom Owen is beginning to give her side of tivism was not focused at Judge Owen or Phillips, who was Chief Justice of the the story. We are finally getting past Judge Hecht; it was actually focused at me.’’ Texas Supreme Court for most of the the sweeping mischaracterizations This is a tragically misleading state- time Justice Owen had served. It in- about her that have been put forward ment to be used against Justice Owen. cluded Elizabeth Whitaker, past presi- in the news media for years by interest First, judges disagree. That is why we dent of the State Bar of Texas—one of groups—those who say she is outside have a nine-member court. They argue 15 past State bar presidents, Repub- the mainstream, or she is an extremist. with each other. They accuse each licans and Democrats, who are sup- But now on the floor of the Senate we other of misreading the statutes. That porting Justice Owen’s nomination. are getting down to specifics. is exactly the way it goes in many In the group was Linda Eads, a Every single time we have been able opinions. In fact, every member of the former assistant State attorney gen- to examine a specific criticism of a Texas Supreme Court was accused by eral, who is now a professor at the particular opinion by Justice Owen, one justice or another of judicial activ- Southern Methodist University School that criticism has been clearly and de- ism during the course of their service of Law. She specializes in constitu- cisively refuted. Justice Owen is a on the court. tional law. Linda Eads describes herself careful and thoughtful jurist. She is an Attorney General Gonzales has testi- as strongly pro-choice. She also said extremely talented intellect. She uses fied under oath that he was not refer- she disagreed with Justice Owen on pa- her ability to read every statute and ring to Justice Owen’s opinion when he rental bypass. But she emphasized that enforce it fairly. She is the very model wrote the offending phrase. He said he Justice Owen’s judicial approach to

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5458 CONGRESSIONAL RECORD — SENATE May 19, 2005 these cases was thoughtful and ration- tremist critics and vote positively on her 200 years in the Senate until the last al. She said it was easily within the re- nomination. She merits immediate con- session of Congress. spectable judicial mainstream on inter- firmation. I hope Priscilla Owen will get an up- preting legislation. She ended by say- That is a letter from State Senator or-down vote, because if she does, the ing she strongly supports the confirma- Florence Shapiro. tradition of the Senate and our respect tion of Priscilla Owen. Let’s be clear about what is going on for the Constitution will be clear. Finally, I want to talk about the in- here. A number of interest groups Again, if they want to change it, per- tent of the Texas Legislature. I served fought against legislative enactment of haps they should go about it in the in that legislature for two terms, years the parental notification law. They right way, and introduce a constitu- ago. I know most of the members of the lost. Now they are trying to undercut a tional amendment to require a super- Texas House and Senate. judge who, as honestly and fairly as majority for confirmation of judges. It is interesting to me that oppo- she could, attempted to interpret that I think the Founding Fathers were nents of Justice Owen accuse her of law. They are entitled to their opinion. geniuses and knew a balance of power misreading legislative intent by requir- They should vote their convictions. had to be delicate among the three ing more parental involvement than Priscilla Owen deserves an up-or-down branches of Government. They envi- the legislators intended. I believe the vote on her nomination to the Fifth sioned a President appointing circuit opposite might well be true. In fact, Circuit. court judges with the Senate having the legislature is currently in the proc- I want to respond to the distin- the authority to confirm or reject ess of discussing a new law that would guished Democratic leader, who this them with a simple majority vote. The strengthen parental involvement and morning said that Owen and 10 other balance of power in our Constitution require parental consent, not parental nominees have all received votes in the has kept our country strong and has notification. That bill has passed the Senate. Senator REID left out one im- been the anchor for our democracy. portant detail, and that is—if she had Texas House and the Texas Senate. It Priscilla Owen is a wonderful human gotten a confirmation vote on the floor is now in a conference committee. being who has been demonized for 4 of the U.S. Senate, Justice Owen would Justice Owen is highly respected in years. She has already displayed her be sitting on the Fifth Circuit today. Texas. Allow me to quote from a letter judicial temperament by not respond- Indeed, this Senate has taken four clo- sent by Senator Florence Shapiro, the ing to the unfair criticisms, by showing ture votes on Priscilla Owen, and each chief sponsor of the parental notifica- no bitterness, and by harboring no time she has received more than a mation act approved by the legislature in anger. But she is a human being, a jority—the standard for confirmation 1999. She says: good person, and she deserves an up-or- in the Senate—until the Congress of 2 As a Senator in the Texas Legislature, the down vote. When she gets an up-or- manner in which the Texas courts review years ago. down vote, she will be confirmed and and interpret our laws is extremely impor- She would be confirmed by the Sen- become a brilliant member of the Fifth tant to me. Justice Owen’s opinions consist- ate. Senator REID is correct that nomi- Circuit Court of Appeals. ently demonstrate that she faithfully inter- nees have received cloture votes, in an prets the law as it is written, and as the Leg- attempt to override filibusters. But re- I hope the Senate is on the brink of islature intended, not based on her subjec- quiring a 60-vote threshold to proceed doing the right thing by these nomi- tive idea of what the law should be. I am sad- nees, by acting as the lofty body it is, dened to see that partisan and extremist op- to confirmation is not the Senate’s practice. Justice Owen continues to can be, and should be. I hope we will ponents of Justice Owen’s nomination have treat everyone who comes before us attempted to portray her as an activist wait patiently for the Senate to con- judge, as nothing could be further from the firm her; she has been waiting for four with respect. I do not think that has truth. years. been the case for this very fine su- Her opinions interpreting the Texas Paren- The Senate Republicans have asked preme court justice for the State of tal Notification act serve as prime examples the minority to allow the Senate to Texas. I hope that is going to change. I of her judicial restraint . . . I appreciated hope we will treat her as she should be that Justice Owen’s opinions throughout the vote, but they have refused and continue to vote no on cloture, thereby treated. I hope she will get her up-or- series of cases looked carefully at the new down vote which will show that her 4 statute and at the governing U.S. Supreme changing the Constitution without Court precedent upon which the language of going through the process of a con- years of patience have allowed us to do the statute was based, to detennine what the stitutional amendment. the right thing and she will be able to Legislature intended the Act to do. When the Constitution requires a serve our country in a way that I know I, along with many of my colleagues— supermajority, it is explicit. Just be- she will make all of us proud. Democrats and Republicans alike—filed a bi- fore the advise and consent part of the I thank the Chair, and I yield the partisan amicus curiae brief with the Texas floor. Supreme Court explaining that the language Constitution, it does have a standard of of the Act was crafted in order to promote, a two-thirds vote, but that was not put The PRESIDING OFFICER (Mr. ISAK- except in very limited circumstances, paren- in the article on confirmation of SON). The Senator from Louisiana. tal involvement. judges. The clear constitutional inter- Mr. VITTER. I thank the Chair. Prior to the passage of the Act, a child pretation is that if a supermajority is Mr. President, in recent weeks, the could go to a doctor and have an extremely required, it is stated in the Constitu- American people, including the citizens invasive procedure without even notifying tion. And for over 200 years, this body of Louisiana, have heard a lot about one of her parents. At the same time, school Senate rules, about historical prece- nurses were not even permitted to give aspi- has recognized that and has made a rin to a child without parental consent. Like majority vote the standard until the dent, about something very confusing legislators in dozens of states across Amer- last session of the Senate. called the filibuster, about the Senate’s ica, we realized that something needed to be It is disingenuous for the other side constitutional duty, and advice and done to respect the role of parents—that at to suggest that these 10 nominees have consent. I think for the average Amer- least one parent should be involved in a had votes because if they had, they ican, for the average Louisianan, this major medical decision impacting their would be sitting on the benches for seems pretty esoteric. This seems pret- minor daughter. ty out of touch with their everyday Because this was not an ‘‘abortion’’ bill which they were nominated. But in- but a ‘‘parental involvement’’ bill supported stead, Priscilla Owen, after being con- lives, this issue of how the Senate gov- by lawmakers on both sides of the abortion firmed by the Senate four times, is erns itself. debate, we were able to pass a bipartisan law back again. But there are issues at the heart of that promotes the relationship between par- I think we can do better. I think we this which are important to those citi- ents and their minor daughters and is ex- can acknowledge the Constitution and zens, including my constituents in ceedingly popular with the people of Texas. acknowledge that if we are going to Louisiana. And those issues are: Is the Justice Owen is the kind of judge that the amend the Constitution, the Senate Senate going to do its job? Are we as people of the 5th Circuit need on the bench— an experienced jurist who follows the law should start the process of a constitu- Senators going to do our job and do the and uses common sense. I strongly urge the tional amendment. The Constitution is people’s business, address important committee to reject the politics of personal clear that a majority vote is required, issues of the day to build up our coun- destruction pushed by Justice Owen’s ex- and that has been the standard for over try and make it better?

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5459 Also, there is the fundamental issue We need to bring some fundamental who are concerned about justice in the of fairness. Are we going to be fair in fairness to this process. Sure, we need Fifth Circuit, taking care of that judi- this process to all concerned? to have an important debate. Sure, we cial emergency, and then we should Those are themes, those are issues to need to vet all the information. We can move on and give all of these nominees which Americans all across the coun- have differences of opinion. But then at a fair up-or-down vote. try, certainly my citizens in Louisiana the end of the day, we need to have res- Justice Owen has been maligned un- relate and care about. Are we going to olution, we need to have an up-or-down fairly. All sorts of charges have been do the people’s business? Are we going vote. It is time to do that with all of leveled against her, and I want to ad- to act in a way that is fair to all? these judicial nominees. dress some of those directly. She has Those are issues directly at the heart We have a historic opportunity in the been called fringe and out of the main- of this debate—doing the people’s busi- Senate right now to address both of stream, way out of the mainstream of ness. those concerns: to do the people’s busi- American opinion and everyday life. Last year, I ran for the Senate for ness, to do our job, to vote, and to Yet if you take any serious look at the the first time. In doing so, of course, I move on to other key issues, such as facts, that charge simply does not hold traveled all around Louisiana and the highway bill, building jobs, build- up. talked to citizens of all walks of life in ing energy independence—and we have Justice Owen has been on the Texas every corner of the State. One theme I the opportunity to act honorably and Supreme Court since 1994, but more heard over and over from all sorts of with fundamental fairness by treating significantly, when she was reelected folks of both parties was: Please go up all concerned in a fundamentally fair to that position, she was reelected with there and do what is right and do the way in giving these nominees an up-or- 84 percent of the vote in Texas, with people’s business. Get beyond all of down vote. the endorsement of every major news- this bitter partisanship, this obstruc- I stand on the Senate floor today to paper of the State and with bipartisan tionism, the filibuster. Do the people’s ask that we all come together to do support. business in terms of important issues that because that is the right thing to Now, is every newspaper in the State of the day. That is what folks in Lou- do, not for party leaders, not for the fringe, out of the mainstream? Are 84 isiana told me over and over again. President, or for interest groups on the percent of Texas voters fringe and out They care about putting good people left or the right. It is the right thing to of the mainstream? Obviously not. In addition, in her nomination to the on the bench and having our courts run do for the American people. It is the U.S. Fifth Circuit Court of Appeals, properly and filling these vacancies. right thing to do for the citizens of Justice Owen gained the highest rating They also care about other important each of our respective States. possible from the American Bar Asso- business—passing a highway bill, build- I make a plea in particular to my col- ing infrastructure so we can create ciation. league from Louisiana, Senator LAN- She was nominated on May 9, 2001, good jobs in this country and Lou- DRIEU, to do that. She is in a unique po- nearly 4 years ago, and renominated isiana, passing a national energy policy sition to reach out and achieve funda- January 7, 2003, and February 14, 2005. to get us on track in terms of energy mental fairness and do the people’s Her qualifications have been vetted and independence. That is important for business in a constructive way. debated exhaustively. our national security, and that is im- Many folks, including me, quite Owen has significant bipartisan sup- portant for our economic security. frankly, were disappointed that a few port, including three former Democrat Again, wherever I went, with whom- years ago Senator LANDRIEU filibus- judges on the Texas Supreme Court and ever I talked—Black, White, Democrat, tered and supported that filibuster of a bipartisan group of 15 past presidents Republican, and everyone in between— Miguel Estrada, another highly quali- of the State Bar of Texas. folks said over and over: Look, we are fied judicial nominee, after she had ex- Owen has been a justice on the Texas sending you there to do our business, pressed strong support of that very Supreme Court since 1994 and was en- to face issues, to vote, to move forward nomination in her reelection cam- dorsed for reelection by every major as a country, not to obstruct, not to paign. Texas newspaper. play political games, not to get mired This is an opportunity to set that Owen previously practiced commer- in bitter partisanship, but to take care record aside and do the right thing and cial litigation for 17 years. She also has of us and to address our concerns. And give all of these judicial nominees a a substantial record of pro bono and that is important. fair up-or-down vote. That is what the community activity. The other issue that is at the heart of folks of Louisiana want: to do the peo- Owen received her undergraduate de- this debate that ordinary citizens ple’s business, to do our job, to vote gree from Baylor University and grad- around the country and Louisiana care and to address other important issues uated third in her class from Baylor about is fairness. Are you going to act and to act honorably and bring funda- Law School in 1977. She was a member in a way that is fundamentally fair to mental fairness, proper American val- of the law review and has been honored everybody concerned? And, of course, ues, Louisiana values to this process. as Baylor Young Lawyer of the Year that is at issue here as well. We are beginning with a very impor- and as a Baylor University Out- We have judicial nominees who have tant nomination to the people of Lou- standing Young Alumna. been nominated not weeks ago or isiana, Priscilla Owen of Texas. It is After graduating from law school, months ago but, in many cases, years particularly important to my citizens Justice Owen received the highest ago; in some cases, over 4 years ago. of Louisiana because the U.S. Fifth score in the State on the Texas bar Their lives have been disrupted. They Circuit Court of Appeals, to which exam in December 1977. have been attacked by interest groups Judge Owen is nominated, serves Lou- The American Bar Association unani- around the country, as well as Mem- isiana, covers all of Louisiana. There mously rated Justice Owen ‘‘well quali- bers of Congress. Many charges have has been a vacancy in that position for fied,’’ its highest possible rating. been leveled against them that are pat- years and years. Some weeks ago, I also spoke on this ently untrue and patently unfair. And Judge Owen has been nominated for floor in support of Justice Brown, after all of that turmoil, after all of over 4 years. Her nomination has been whose nomination recently cleared the those trials and tribulations, they do thoroughly vetted, thoroughly debated Judiciary Committee for the second not even get an up-or-down vote on the and, yet we have never had that clo- time. The President nominated her to floor of the Senate. There is no resolu- sure. We have never had that fair up- the U.S. Court of Appeals for the DC tion to the trial, the jury never comes or-down vote. In fact, the vacancy Circuit Court nearly 2 years ago. One- back. We do not get to vote and say which she would fill has been declared fourth of the DC Circuit is currently this person should be on the court or a judicial emergency in the Fifth Cir- vacant; and Justice Brown’s nomina- this person should not be on the court. cuit Court of Appeals, impacting dition has strong support. That is not fair. That is not fair in the rectly Louisiana because it has been As I noted before, during Justice minds of any ordinary American. It is open for so long. Brown’s 9-year-tenure on the California not fair in the minds of the citizens of So this is the perfect place to start Supreme Court, she has acquired a rep- Louisiana. for me, for Senator LANDRIEU, for those utation as a fair and intelligent justice

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5460 CONGRESSIONAL RECORD — SENATE May 19, 2005 who is committed to the rule of law. moral, unconstitutional, inherently In closing, I urge my colleagues to Justice Brown has served on the Cali- wrong, and destructive of democratic allow both Justice Brown and Justice fornia Supreme Court since May 1996. society.’’ Owen to have a vote on the Senate Her appointment to that court was his- In writing for a unanimous court, floor. Let Justice Brown’s judicial toric: Justice Brown is the first Afri- Justice Brown struck down a certain qualifications, rather than her polit- can-American woman ever to have minority aid program because it vio- ical philosophy, be our focus in her served as an associate justice on the lated Proposition 209, a provision of the confirmation process. California Supreme Court. California constitution that bars dis- The PRESIDING OFFICER. At this Even more impressive, Justice Brown crimination against, or preferential time, the majority’s time has expired. was recently returned to that court treatment to, any individual group on The majority whip. with the approval of 76 percent of Cali- the basis of race, sex, color, ethnicity, Mr. MCCONNELL. Mr. President, I fornia voters. In her retention election, or national origin in the operation of ask unanimous consent for a couple of Justice Brown had the highest vote public employment, public education, minutes to make requests for commit- percentage of all justices on the ballot. or public contracting. Every judge in tees to meet in the Senate and to make Another sign of Brown’s credibility is California who reviewed this program just a brief statement, 2 minutes. that, in 2002, she wrote more majority found it unconstitutional. The PRESIDING OFFICER. Is there opinions than any of her colleagues on I find the argument that she is hos- objection? the California Supreme Court. As stat- tile to civil rights to be simply incred- Mr. HARKIN. Mr. President, before I ed by a bipartisan group of Justice ible, when you consider Justice object, I could not hear the Senator. Brown’s former judicial colleagues: Brown’s personal history as an African- Mr. MCCONNELL. I ask unanimous ‘‘she has quickly become one of the American who came of age in the consent for 2 minutes to make a re- most prolific authors of majority opin- South in the midst of Jim Crow laws. quest for committees to meet, which ions on the California Supreme Court.’’ As someone who attended segregated my assumption is the Senator from At least 12 judges have signed letters in schools, Justice Brown, better than Iowa will object to, and then just to support of her confirmation. Such anyone, can appreciate the importance make a very brief statement, a total of numbers are indicators of the high es- of fighting discrimination. She grew up 2 minutes. teem in which she is held by both the in Alabama, the daughter of share- The PRESIDING OFFICER. Without voting public in California and by her croppers, listening to her grand- objection, it is so ordered. judicial colleagues. mother’s stories about NAACP lawyer Mr. MCCONNELL. Mr. President, I I have heard arguments from some of Fred Gray, who defended Dr. Martin have 10 unanimous consent requests for my colleagues on the other side of the Luther King and Rosa Parks. Her rise committees to meet during today’s ses- aisle that Justice Brown should not be to the California Supreme Court from sion of the Senate. They have the ap- confirmed by this Chamber. One argu- humble beginnings in the segregated proval of the majority leader. I ask ment is that she supposedly abhors South is absolutely inspiring. That unanimous consent that these requests Government. Another argument is that may be why she has been sensitive to be agreed to and be printed in the she is supposedly hostile to civil rights. claims of racial profiling in cases RECORD. Such arguments are entirely without where the facts strongly supported The PRESIDING OFFICER. Is there merit, and I would like to respond to such an inference. objection? The Senator from Iowa. We all know that Justice Brown has this attack on Justice Brown. Mr. HARKIN. Mr. President, on be- While her critics charge that Justice risen to a prominent position on the half of the Democratic leader, myself Brown abhors Government, this nomi- California Supreme Court. But not ev- and, I might add, others on this side, nee is hardly an extremist when it eryone is aware of Justice Brown’s because of the importance of the de- comes to Government. Indeed, as a record of activities on behalf of minori- bate that is taking place on the Senate longtime public servant, Justice Brown ties, children, and the underprivileged. floor today, the Senate’s attention Let me take this opportunity to high- has been part of our Government for 25 ought to be turned to this and not to light a few such activities: years. She thinks there are many committee meetings, and therefore I Justice Brown served as a member of object. things Government does well, many the California Commission on the Sta- The PRESIDING OFFICER. The Sen- things only Government can do; and tus of African-American Males. The ator objects. she has criticized the unintended con- Commission made recommendations on Mr. MCCONNELL. If I could reclaim sequences of some of the things that how to address inequities in the treat- the balance of my brief time, what we Government does. In her judicial deci- ment of African-American males in have is a further effort to make it im- sions, Justice Brown strives to apply employment, business development, possible to do the people’s business in the law as it exists and she defers to and the criminal justice and health the Senate. The normal way we do the legislature’s judgment on how to care systems. solve many social or economic issues. She served on the Governor’s Child business is for action to be going on on This nominee’s judicial opinions sug- Support Task Force, which reviewed the floor, and additional action in com- gest that she fully appreciates the im- and made recommendations on how to mittees at the same time. As a result portance of having Government play an improve California’s child enforcement of these objections, we have thwarted active role in certain areas, including system. progress. We have thwarted progress on efforts to protect the public’s health While serving as a member of the an energy bill, on a JOBS bill, on a dis- and safety. That is why she voted to Community Learning Advisory Board aster relief bill. Yesterday, an Intel- uphold State health standards for la- of the Rio Americano High School, Jus- ligence Committee meeting had to be beling milk products. That is why she tice Brown developed a program to pro- cancelled. Here we are in the middle of agreed that faucets, which might con- vide Government service internships to the war on terror and the Intelligence tain lead, should be considered a source high school students in Sacramento, Committee was not allowed to meet. of drinking water, under the Govern- CA. Today’s objections will shut down ment’s Safe Drinking Water Program. I close by citing a statement in sup- our meetings on the Energy bill, a And that is why she agreed that her port of Justice Brown by an executive closed CIA briefing on terrorism and State’s regulations regarding overtime director of Minorities in Law Enforce- proliferation of weapons in Iran, the pay should be liberally interpreted to ment: ‘‘We recommend the confirma- Foreign Relations Committee, on provide California workers with more tion of Justice Brown based on her strengthening America’s workforce protection than they would have had broad range of experience, personal in- over at the Labor Committee, another under Federal law. tegrity, good standing in the commu- Intelligence Committee shutdown by Her opponents also have insinuated nity and dedication to public serv- this action and, of course, the Judici- that Justice Brown is hostile to civil ice. . . Justice Brown is a fair and just ary Committee will not be able to con- rights. But Justice Brown has stated in person with impeccable honesty, which tinue its markup of the asbestos bill. her judicial opinions that ‘‘discrimina- is the standard by which justice is car- We are following the regular order. tion on the basis of race is illegal, im- ried out.’’ The majority leader simply called up a

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5461 judicial nominee to be considered by Playing by the rules is the American option is detonated and a new Senate the Senate. There is nothing irregular way. It is one of our core values. From precedent is established, this body will in any way about the procedure that is childhood, we are taught to respect the be subject to the whim of any group of being followed, and yet our friends on rules, to follow the rules, to play by 51 Senators who want to impose their the other side of the aisle are shutting the rules. We are taught it is dishonor- will without any provisions for ex- down the business of the Senate by able to break the rules or to change the tended debate. Make no mistake, this making it impossible for committees rules in the middle of the game, espe- will be the end of the Senate as we to do the work of the American people cially to gain an advantage or simply know it. on everything from intelligence mat- to win. Ask any child, and he or she How ironic that this is being done by ters to passing an energy bill when gas will say that breaking the rules or Senators who call themselves conserv- prices are at record highs. This is an changing the rules in the middle of the ative. The truth is that resort to the incredibly irresponsible approach to game is not only unfair, it is wrong. nuclear option, breaking the rules, the majority’s efforts simply to move America is a great country because making up new rules convenient to the the people’s business along by fol- playing by the rules and respecting leadership, is a radical, unprecedented lowing regular order and moving to- rules is a core value. It is a way of life. action with consequences that no one ward a vote on the President’s nomina- It is at the heart of our athletics, our can predict. Because once the rules are tion for the court of appeals. business dealings, our way of govern- broken and rules are made up as one I yield the floor. ment. It is no exaggeration to say that goes along, seeds of anarchy, of chaos, The PRESIDING OFFICER. The Sen- if one destroys the idea of playing by are sown. An atmosphere of anything ator yields back. the rules, then they invite distrust, goes is created, and the end justifies The time, until 11:45 a.m., is con- disorder, and the disintegration of the the means. trolled by the Democratic leader or his American social fabric. They invite We have already seen this in the ac- designee. chaos, and chaos invites tyranny. tions of House Majority Leader TOM The Senator from Iowa. This is exactly why the Republican DELAY. We have an honored tradition Mr. HARKIN. Mr. President, I yield leadership’s plan to resort to the nu- that congressional redistricting occurs myself such time as I may consume. I rise today to speak about the pros- clear option is so dangerous. Since 1790, every 10 years after the decennial cen- pect that at some point next week, ac- the filibuster has been used in the Sen- sus, but the majority leader in the cording to all of the press reports and ate countless times, and nearly 100 House wanted to increase his majority according to what I have heard on the years ago the Senate passed rule XXII, in the House. So what did he do? He floor, the majority leader of the Senate codifying the right of extended debate. tore up the rules and made up new will take a course of action that has We know what that rule says. It says rules, TOM DELAY’s rules. But the real been dubbed the ‘‘nuclear option.’’ that it takes 67 votes to change the Tom DeLay rule is this: Anything goes. The majority leader will take a Senate rules and 60 votes to cut off de- The end justifies the means. Situa- course of action that will tear down bate. Those are the rules. They are tional ethics. I fear we are about to the rules by which we operate in the deeply conservative rules, rules that adopt that Tom DeLay rule in the Sen- Senate, rules which have been laid have been respected and honored for ate. This is profoundly bad news for down in some cases for almost 200 nearly a century, until now. this institution. years, in some cases over 100 years. The Republican leadership is un- I am also concerned about the mes- I believe we should be taking our happy because a small number of sage it sends to businesspeople, to hus- time in the Senate because of the ef- judges, all of them I consider far out of bands and wives, to our people. The fects that this step by the majority the mainstream, have been filibustered message is if our national leaders can leader could have on how we represent by the minority. They are unhappy be- break the rules as a matter of conven- our constituents. It can have such a cause they have been able to confirm ience, if they can write their own rules, profound effect that it behooves us all only 95 percent of the President’s judi- impose them on others, then maybe it to think very deeply and carefully cial nominees and not 100 percent. This is okay for everyone else to behave just about it and to come to the floor to ex- compares to only an 80-percent con- like that. press our opinions. firmation rate during the Clinton ad- This is a deeply disturbing prospect. By triggering this nuclear option, the ministration. The Republicans blocked I implore the distinguished majority majority leader would unleash forces 68 Clinton judicial nominees, including, leader, Senator FRIST, to consider the he would regret and that everyone who I might add, Bonnie Campbell, from my law of unintended consequences. He is loves this great Nation and its system State of Iowa. threatening to break rule XXII in order of checks and balances would regret. Most of those nominees were blocked to pass 100 percent of the President’s There is no question that by break- in the Judiciary Committee by just one judicial nominees. Once the rule is de- ing the rules—that is what would hap- Senator. Now, does the Republican stroyed, and once the majority leader pen, breaking the rules—the majority leadership celebrate the fact that by imposes a new rule to his liking, then party would gain short-term advan- playing by the rules they won 95 per- who is to say where it will lead? It will tage. They would be able to confirm cent of the time? Do they now play by be like an out-of-control virus. If 51 every one of their judicial nominees, the rules and gather the votes nec- Senators can change any rule at any no matter how radical or out of the essary to change rule XXII governing time for any reason, then anything is mainstream. But the long-term de- filibusters? No. possible. The metaphor Senators are structive consequences triggering the They are going to employ a trick, a using is a ‘‘nuclear option,’’ and I nuclear option would be profound for procedure, whereby the rules are over- would say that is true, it is nuclear be- our system of Government. turned by one decision of the Presiding cause it does blow up this place. But For more than two centuries, Senate Officer backed by 51 votes. That will there may be another metaphor, too: rules and traditions have respected the destroy the rules of the Senate. Now that the majority leader is letting the rights of the minority. That would be they say: Well, it only applies to judges genie out of the bottle and there will destroyed. For more than two cen- now. It can apply to anything else be no putting that genie back once it is turies, thanks to those minority down the pike. out. It will wreak destruction in ways rights, the Senate has been a force for Now, a mere 10 Bush nominees have no one now can predict or foresee. compromise, moderation, and reason. been blocked, and what is the Repub- For example, once the Chair can That would be destroyed. lican leadership’s response? It is to de- make a determination about the rules For more than two centuries, the mi- stroy the rules. Sweep aside more than and have that ruling upheld by 51 votes nority’s power in the Senate has been 200 years of Senate tradition. In its of the Senate, what is to say of the essential to America’s system of place, they will make up their own time-honored tradition we have in the checks and balances. That would be de- rules, a new rule, that will allow them Senate of a Senator being able to have stroyed. And something else of great or any majority to change any rule at the right of the floor and being able to importance would be destroyed: Re- any time for any reason with only 51 speak for as long as he or she wants? spect for rules. votes. In other words, once the nuclear That has been our right since the

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5462 CONGRESSIONAL RECORD — SENATE May 19, 2005 founding of the Senate. Once a Senator that the vast majority of Americans Jefferson said, ‘‘To cool it.’’ is recognized, that Senator can speak share. We prize our system of checks To which Washington reportedly until they drop. I think the record is 24 and balances. We respect minority said: ‘‘Even so we pour legislation into or 25 hours, by former Senator Strom rights and dissent. We want to ensure the senatorial saucer to cool it.’’ Thurmond. that minorities are protected. We un- For two centuries that is exactly how Who is to say if, in the future, some- derstand the danger of majorities act- the Senate has worked. Because of the one gets up to speak but people want to ing without check or restraint, running tradition of free speech and minority move on and do something, that after roughshod over those who would dis- rights, specifically because of the that person speaks for 5 or 10 hours the agree. threat of filibuster, Senators have a majority leader would be recognized As a well-known minister once said: strong incentive to act with modera- and make a point of order that the per- Democracy exists not just when the major- tion and restraint, to make com- son is speaking unconstitutionally? ity rules, but when the minority is absolutely safe. promises, to accommodate the legiti- They have the 51 votes to uphold the mate concerns of the minority. That is motion and that is the end of it. So a The rules of the Senate and the rule of extended debate give the minority that abso- exactly what the nuclear option would Senator’s right to have the floor is sub- lute safety. You take that away and you demolish. ject to whatever the Chair wants. We take away the minority rights in the Senate. may get it; we may not. We may not be The majority party in the Senate, Most Americans understand that checks and whether Democratic or Republican, has able to speak for an hour or 2 hours or balances are the key to preserving our lib- whatever we want. The Chair may say erty. always been frustrated by the minority’s use of the filibuster. But I submit to the Senator from Iowa, You can James Madison wrote: speak for 3 minutes and then you have that frustration is the necessary by- The accumulation of all powers, legisla- product of an effective system of to sit down. tive, executive and judiciary, in the same They do that in the House of Rep- hands may justly be pronounced the very checks and balances. It is the price we resentatives. They have a 5-minute definition of tyranny. pay to safeguard minority rights. rule. I know, I served there. But that is But that is exactly the goal of the For decades, a determined conserv- not the Senate. Republican leadership today. They ative minority used the filibuster to I am just saying who knows what seek the accumulation of all power— block civil rights legislation and deny might happen. It is possible. If we go legislative, executive, and judiciary— an up-or-down vote to a liberal Su- down this road that is the precedent in the same hands, their hands. This is preme Court nominee, Abe Fortas. Pro- that is set. profoundly dangerous. By resorting to gressives were extremely frustrated by I do not know why the majority lead- the nuclear option, the majority would this exercise of minority rights and mi- er is doing this. Possibly what we are break the rules in order to change the nority power. seeing here is an attempt to seize abso- rules. Under the rules of the Senate, it Now it is the Republicans’ turn to be lute power and unchecked control of all takes 67 votes to change the rules, 60 frustrated by the filibuster. They are three branches of Government. The Re- votes to end debate on a judicial nomi- frustrated because they can’t get their publicans already control the executive nee. But by resorting to this par- way on judges 100 percent of the time. branch. A majority of Supreme Court liamentary gimmick, this nuclear op- They have gotten their way on 95 per- Justices are Republican nominees. So tion, the majority would change this cent of judicial nominees, but not 100 are the majority of judges on our rule with only 51 votes. The result percent, and they believe this justifies Courts of Appeal, the circuit courts. In- would be to destroy any check or re- breaking the rules, to get rid of the fil- deed, there is a Republican majority on straining influence on the power of the ibuster. 10 of the 12 circuits. Republicans have majority. This is not the American I submit the Republicans’ very frus- an iron grip on the House of Represent- way. It is certainly not the wishes of tration is evidence that the system of atives. They have a 55-seat majority the American people. checks and balances here in the Senate here in the Senate. Only one barrier In debate in the Constitutional Con- is healthy and working, working ex- now stands in the way of the Repub- vention in Philadelphia, James Madi- actly as it should. lican Party seizing absolute control of son said the Senate would have two In 1995, I proposed to modify rule every aspect of our Government, all roles: XXII in a way that would have given three branches, and that is the right of first, to protect the people against their the minority an incentive to limit the the minority in the Senate to fili- rulers, secondly, to protect the people use of the filibuster. It would not have buster. against the transient impressions into which taken it away. However, my proposal By unleashing the nuclear option, they themselves might be led. bore no resemblance to the nuclear op- the Republican leadership would crush By attacking the filibuster, the Re- tion. First, I did not propose to break this last remaining check on its power. publican leaders would destroy the the Senate rules. I played strictly by The filibuster is a more than 200-year- ability of the Senate to ‘‘protect the the rules. I pursued my rule change old tradition in the Senate; it has with- people against their rulers.’’ The Sen- through normal Senate procedures as a stood the test of time. ate would lose its capacity to stand up floor amendment. It would have taken I do not believe the nuclear option to an out-of-control majority. Instead, the requisite 67 votes to pass on the reflects the desires or values of the the Senate would be turned into a floor, which is entirely appropriate American people. Americans are ex- rubberstamp for the majority’s agenda, when changing a time-honored Senate tremely wary of one-party dominance just as the House is a rubberstamp for rule. By contrast, this nuclear option and control. This is a prime reason why the majority’s agenda right now. That discards the rules. It would impose the so many voters split their ballots In would be a betrayal of the Senate’s tra- Republicans’ radical change with only the election last November. Repub- ditional role as envisioned by the 51 votes. licans won the White House with less Founding Fathers. than 51 percent of the popular vote. The Constitution gave Senators 6- Ten years ago I proposed to modify The Republicans have a 52-percent ma- year terms so they would not bend to the filibuster rule as a matter of prin- jority in the House. They have a 55-per- the political passions of the moment. I ciple. Today the Republican leadership cent majority here in the Senate. But remind my colleagues of the famous wants to modify the filibuster as a they want to seize 100-percent control exchange between Thomas Jefferson matter of political expedience, to make of the Government, including the third and George Washington. On his return it possible to stack the courts with branch, the judicial branch. from France, Jefferson asked Wash- radical judges. They are pursuing un- It is not healthy for our country. It is ington at the breakfast table why he checked power, the absolute control of not healthy for our democracy. I do not favored the creation of a second Cham- all three branches of Government. In believe for 1 minute this power grab reber, the Senate. this context, the filibuster takes on flects the wishes of the American peo- Washington replied with the ques- even new importance. ple. When it comes to government, tion, ‘‘Why did you pour that coffee It is all that remains to check the there are certain values and principles into your saucer?’’ majority’s quest for absolute power.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5463 By the way, I might note parentheti- Mr. DURBIN. I thank the Senator Bush was elected, more than 95 percent cally that 24 current Republican Sen- from Iowa for making clear that when of his judicial nominees have been ap- ators actually voted against my pro- he offered his change in the rules rel- proved, the highest approval rating of posed change to the filibuster back in ative to the filibuster, he did it accord- any President in the last 25 years. 1995. The distinguished majority leading to the rules. When Senator HARKIN Again, 208 have been approved, 10 have er, Mr. FRIST, was one of those Repub- suggested that we change the number not been approved, and the President licans opposing any change to the fili- of votes necessary for a filibuster, he says: That’s not good enough; I want buster. Indeed, as has been noted time used the rules of the Senate, he fol- them all. No dissent, no disagreement, and time again, the majority leader lowed the rules of the Senate. He un- give me every single judge. voted in the year 2000, 5 years ago, to derstood it would take 67 votes for him That is the reason we are here debat- sustain a filibuster of a Clinton nomi- to succeed and he pressed forward. ing. To make it clear to those fol- nee, as did many other Republicans. If the Republican majority today did lowing the debate, we are prepared, on Those same Republicans, who now exactly as Senator HARKIN did, there a bipartisan basis, to work with the say President Bush’s judicial nominees would be no discussion of a nuclear op- White House and the Republicans to have a constitutional right to an up-or- tion. We would move to that point in continue to approve judges, as we have down vote on the Senate floor, denied the calendar, we would take the vote already done 208 times with this ad- that alleged right to scores and scores according to the rules, and no one ministration. I am about to make a of President Clinton’s judicial nomi- would be paying much attention be- unanimous consent request that will be nees, including, as I said earlier, a dis- cause that is the routine of the Senate. followed by another, and let me de- tinguished Iowan, Bonnie Campbell. We would be following the rules of the scribe it first before I make it. We have Ms. Campbell, a former Iowa attorney Senate. had one man’s name on the calendar general, respected Justice Department The unique situation now presenting longer than the pending nominee, Pris- official, was nominated for the Eighth itself with the nuclear option is that cilla Owen: Thomas Griffith of Utah, U.S. Circuit Court, but her nomination the Republican majority is going to nominated to serve as circuit judge for break the rules of the Senate in order was blocked in committee. the District of Columbia. I voted for to change them. Instead of following Let’s be clear. If the issue is denying him as a Democrat, coming out of the Senator HARKIN’s model and example nominees an up-or-down vote by the Senate Judiciary Committee. He has of 67 votes, they will bring Vice Presi- full Senate, there is no practical dif- been on the calendar since April 14. ference whatsoever between blocking a dent CHENEY to the chair, they will ask As a show of good faith, as a show of nominee in committee or by filibuster him to rule as a Presiding Officer of bipartisanship, to demonstrate we can on the floor. During the Clinton years, the Senate that the rules are going to work together, we can achieve things Republicans blocked judicial nominees be changed, he will make that pro- when we speak to one another and nouncement, and that is the end of the again and again and again. They did it when we respect one another, I will story. They will be breaking the rules in committee, they did it by blue slip, make a unanimous consent request to or they blocked them on the floor. It of the Senate to change them. That is the unique difference between move from the current business imme- didn’t matter. But the nominees were diately to the Executive Calendar to denied an up-or-down vote on the floor what Senator HARKIN did many years ago and what the Republican majority bring his name to the Senate with de- of the Senate. bate of, say, 1 hour, and that he be The nuclear option is a flagrant does today. It is historic. That is why so many people are following this devoted on today. abuse of power. The minority party, Then when I am finished, as the mi- the Democrats, will resist it vigorously bate. People who never heard of the nu- nority leader, Senator REID, did yester- clear option are following this debate. within the rules of the Senate. We have day, I will ask that we discharge the a responsibility, an oath of office to de- They understand something historic is about to take place: changing a tradi- Senate Judiciary Committee and im- fend our constitutional system of mediately consider the Michigan Cir- checks and balances. We have a respon- tion, changing something in the Sen- cuit Court nominees of Griffin, sibility to defend the Senate’s unique ate, a rule that has been in place for McKeague, and Neilson. I will, of function as the last bastion of minority over 200 years. With the wave of his course, allow that unanimous consent rights, as the last check on an abusive, hand, Vice President CHENEY will take request to be amended in terms of de- out-of-control majority. away a rule that has applied for 200 But this should not be just the re- years. bate time necessary for each nominee, sponsibility of the minority party. It Some argue this should be viewed as but we can in a matter of a few hours should be the responsibility of all Sen- another routine day in the Senate. I move four circuit judges through this ators who respect the rules and tradi- disagree. This is a historic debate and Chamber on a bipartisan basis and tions of this body. It should be the duty one on which I hope the American peo- demonstrate that there is no need to of all Senators who value our demo- ple are focusing. Changing the rules in describe our situation as a crisis. There cratic principles, our system of checks the middle of the game is not accepted is no need to change a 200-year tradi- and balances, protection of minority in most conduct in America. It tion of the Senate. There is no need to rights. shouldn’t be accepted in the Senate. call in Vice President CHENEY to wipe The very nature of the Senate as an Changing the constitutional balance of out a rule that we can work on to- institution is at stake. More than that, the Senate and the White House is his- gether. I think that is what we should the very nature of how we operate as a toric and should be followed closely by do. government is at stake. As I said, when every single American. I ask unanimous consent we move to you destroy the rules by not following My colleague, the Senator from Ken- the nomination of Thomas B. Griffith the rules, you invite chaos. Chaos in- tucky, came to the Senate earlier and of Utah to be U.S. circuit judge for the vites tyranny. This is the time to look suggested that we should go about the District of Columbia and that Mr. Grif- beyond party, to look beyond short- routine business of the Senate while fith’s nomination be considered with 1 term partisan advantage. this debate continues. We see it other- hour of debate equally divided, and I have every hope there will be wise. We believe we should focus in the then have a rollcall vote. I make that enough Senators, Democrats and Re- Senate, as the people of America unanimous consent request. publicans alike, to disarm this destruc- should focus on this critical debate, Mr. MCCONNELL. Reserving the tive nuclear option. I have every hope with very few exceptions. If there are right to object, and I will object, let me that a critical mass of Senators will be exceptions relating to committee ac- say to my good friend from Illinois, true to the rules and traditions of this tivity on national security or things of this is a scheduling issue. His party body and that we will act to preserve that nature, we will consider each and was in the majority for 18 months be- the integrity and independence of this every one of those, but the routine tween 2001 and 2002. Then, Majority great institution. business of the Senate must be held up Leader Daschle got to decide the order I yield the floor. while we engage in this. of matters to be considered in the Sen- The PRESIDING OFFICER. The as- The core reason for this debate is the ate. That is the prerogative of the ma- sistant Democrat leader. approval of judges. Since President jority leader.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5464 CONGRESSIONAL RECORD — SENATE May 19, 2005 I am certainly pleased to hear of the pressed that concern and asked there that despite concerns about the process enthusiastic support of my good friend be some balance in the nominations to now and the lack of bipartisanship in from Illinois for the nominee, Griffith. fill the vacancies. the Sixth Circuit for the last 41⁄2 years Nevertheless, the majority leader, Sen- At this point, I ask unanimous con- and the lack of ability to come to- ator FRIST, is charged with the respon- sent we set aside the pending business gether in a way to jointly support sibility of determining the order in the of the Senate, discharge the Senate Ju- nominees given the context of this Senate. We are on a nomination that diciary Committee from further con- larger debate right now and the critical enjoys bipartisan support, a majority sideration and immediately consider importance of maintaining the minor- of bipartisan support, and that is Texas the nomination of Michigan Circuit ity views in the Senate and our ability Supreme Court Judge Priscilla Owen. Court nominees Griffin, McKeague, and to fight for our States and what is im- I am of the belief that some of the ef- Neilson. portant for us both, Senator LEVIN and forts to shut down the activities of the Mr. MCCONNELL. Reserving the I have agreed to allow us to move for- Senate may be coming to a close, and right to object, and I will object, once ward in a show of bipartisan coopera- I will seek the floor for the purpose of again, it is good news to hear the Sen- tion, a show of good faith with our col- offering a unanimous consent to allow ator from Illinois is going to be sup- leagues on the other side of the aisle, the Foreign Relations Committee to at portive of three circuit judges from to move forward with three nominees least meet, which is good news. Unfor- Michigan who have been denied an op- for the Sixth Circuit. tunately, other committees are still portunity to have an up-or-down vote It is very disappointing to once again shut down by not following the normal for many years. The majority leader see that motion has an objection rath- procedure in the Senate where commit- certainly has on his list for very near er than moving ahead. In fact, last tees are busily at work while action is future consideration all of those week, when our leader, Senator REID, made that motion to move forward on occurring on the Senate floor. As a re- judges, and I am pleased to hear they three judges in order to be able to get sult of actions in the last 2 days, the will be in all likelihood approved when us moving in the right direction in Energy bill is thwarted, the JOBS bill they are brought up at a time of the terms of bipartisanship, the majority is thwarted, disaster relief is thwarted, majority leader’s designation. leader objected to moving forward on and a closed intelligence meeting was Let me repeat, all we are looking for the three Michigan nominees and im- not held again today. The Energy bill, is an up-or-down vote. We are not look- mediately went to a press conference the HELP Committee is out of action ing for a guaranteed outcome. But my with House Republicans from Michigan today. Asbestos is not going forward. friend from Illinois is probably sus- to criticize us for not being willing to All of these efforts to delay activity picious that there will be success if up- compromise and move forward on Sixth in the Senate, to shut down the Senate or-down votes are granted because all Circuit nominees. are not necessary. It is routine in the of the judges who have been pending This kind of politics is very dis- Senate for committees to be doing have bipartisan majority support. turbing and very unfortunate when we We will look forward to dealing with work while we have debate on the are trying very much to move forward floor. Nothing extraordinary is hap- all of the judges the Senator from Illi- and to break this gridlock and create pening on the floor. We are following nois would like to schedule, instead of an atmosphere where we can continue regular order. The majority leader, as the majority leader, in the very near to work together on the issue of judges. is his right, had called up a nomina- future, but in the meantime we are Again, let me say that it is very unfor- tion, and we are debating it. dealing with the nomination of Justice tunate that the majority leader said We will get around to Mr. Griffith, Priscilla Owen to the Fifth Circuit. that three out of four judges was not and I am certainly pleased to hear that Mr. President, I object. enough. There is an objection, a con- Mr. DURBIN. Let me close briefly the assistant minority leader is in cern on both sides of the aisle, of one of favor of him. That is good news. That and say if the argument is being made the nominees, but we have been willing is one, when we turn to him, I look for- by the Republican side that there is in good faith to move forward with ward to confirming with not a great committee activity that should go on three of the nominees and have for 41⁄2 deal of debate. that is more important than this con- years been meeting with the adminis- With regard to the current consent stitutional debate on the floor of the tration, with colleagues on both sides agreement, I object. Senate, I would also make the argu- of the aisle, offering bipartisan solu- The PRESIDING OFFICER. The ob- ment that there is important floor actions such as what other States do in jection is heard. tivity that just could have taken place. terms of bipartisan commissions to be Mr. DURBIN. Mr. President, let me We could have approved four more able to move us forward. At every turn say it is clear now this is not about judges for President Bush at the circuit we have been told, ‘‘no.’’ moving judges forward because I have level, moved forward on a bipartisan Now when we come forward and say, offered an opportunity for the Repub- basis, and done it before lunch. let’s move to three of those judges in lican majority to move a circuit judge It was the decision on the Republican the interest of the larger picture in in Utah forward on a bipartisan basis, majority side that rather than bring terms of what is happening in the at- as most of President Bush’s nominees this to a vote, bring it to closure, make tempt to eliminate checks and bal- have been moved forward. It is about progress, show we are working together ances in our constitutional process, we, the fact that President Bush has not on a bipartisan basis, instead they are once again, are hearing, ‘‘no.’’ had every single nominee he sent to going to continue to press for the so- I find that very unfortunate. But I Congress approved. More than 95 per- called nuclear option so that Vice think it points to the fact that what we cent have been approved. President CHENEY can wipe away a 200- are seeing is a fundamental debate, not There is another controversy relating year tradition in the Senate with the about judges, but it is about free to the State of Michigan—and I see my wave of a hand. Unfortunately, that is speech. It is about our constitutional colleague, Senator STABENOW, is here— a sad commentary on where we stand system of checks and balances. We a controversy that goes back to the today. have to constantly refer to the fact, as Clinton administration when a system- I yield the floor. has been said before on the floor, that atic effort was made to deny any nomi- The PRESIDING OFFICER. The Sen- if it was about judges, the administra- nee, virtually any nominee sent by the ator from Michigan. tion should be celebrating the best Clinton White House to the Senate Ju- Ms. STABENOW. Mr. President, I record in 25 years of Presidents of ei- diciary Committee, the opportunity for rise today to speak about both the ther party: 208 to 10. There have been a hearing and fair consideration. pending nomination and also the over- 208 judges confirmed on a bipartisan Naturally, the Senators from Michi- all process involved in the debate on basis, to 10 whom we have objected to gan were upset that very qualified men free speech and checks and balances. because they are incredibly outside of and women were not given a chance to Let me first thank and support the the mainstream of American thought. present their credentials and to come efforts of our Democrat minority lead- The best record in 25 years: 208 to 10. to a hearing and have a committee er from Illinois and thank him for his What is this debate about? Well, un- vote. Over the years they have ex- eloquence on this issue and indicate fortunately, it is about the fact that

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5465 we have one party—we respect that. We cause we have something called a fili- Justice back in 1968. I will not tell you understand one party is in control of buster which says a Senator can stand where I was in 1968, but it is a little be- the White House, the House, and the up, and as long as their legs will allow fore my time here. But it is interesting Senate, but they do not have 100 per- or their voice will allow, they can to note that one of the Senators who cent. There are people who elected oth- stand up and speak their mind on be- filibustered the Justice at that time, in ers, elected Democratic Senators or half of the people they represent, and 1968, was a Michigan Republican Sen- Democratic House Members. They they have the opportunity to put for- ator, Senator Robert Griffin. want their views to be represented as ward their view. What is particularly noteworthy is well in this democracy, where we work It is the minority view—not the mi- that he is the father of one of the together to find compromise and bal- nority party view. It may be a single nominees to the Sixth Circuit who, in ance and what is best, ideally, for ev- person’s view, but the minority view fact, we just tried to move forward eryone but certainly for the majority can be heard. And because a Senator or right now and were stopped in so doing. of Americans on any one decision. two or three or four believe so passion- But it is important to note that Sen- But we are hearing, instead: No, we ately about something, the rules then ator Griffin, on the floor, in his debate, want total, absolute, complete power require you have to get a few more peo- in his speech about why it is appro- over what happens in the United ple to agree, you have to get 60 votes, priate for Senators to be able to stand States. That is not a democracy. In rather than 51, because of the strong up and object and to filibuster on judi- fact, we are very fortunate that our concerns raised by individual Members. ciary nominations, said: Founders understood the importance of Now, what does that mean for us in It is important to realize that it has not checks and balances in putting to- Michigan? This is not just about been unusual— gether not only a House of Representa- judges. In Michigan, we are very proud This is 1968. tives, that reflects the instant will of of our Great Lakes. We are proud of the it has not been unusual for the Senate to in- the people, but also a Senate, with a fact that we not only have our Great dicate its lack of approval for a nomination longer term—instead of a 2-year term, Lakes for drinking water, but for boat- by just making sure that it never came to a a 6-year term—that is charged with ing and tourism and economic activity. vote on the merits. And as I said before, 21 carefully evaluating the impact of leg- But one of the things we are concerned nominations to the court have failed to win islation in a longer term view. In other about in Michigan is the fact that Senate approval. words, the House is the ‘‘gas pedal,’’ someday the States in the West and This is Senator Griffin in 1968: and the Senate was designed as the the South that do not have a lot of But only nine of that number have been re- ‘‘brake.’’ So we can have the important water may decide they might want our jected on a direct up-or-down vote. debates occurring in the House, and in water. Well, we do not like that very In other words, Senator Griffin ac- the Senate have them as well, but much. knowledged, back in 1968, that it was allow minority views to be represented Right now, I feel very confident that not unusual for this Senate to fili- in a different kind of way. Senator LEVIN and I, and other Great buster judicial nominees. I think there On the issue of judges, our Founders Lakes Senators, would be able to stand is a lesson here. If the Republicans are were very clear. It is the third branch up and present the minority view, to be currently concerned about filibusters, of Government, with lifetime appoint- able to use the rules of the Senate to they should listen to what the father of ments. It is not the President’s Cabi- protect our water. What happens if one of the pending nominees, a Repub- net. I supported nominees to the Presi- that is gone? What happens if we no lican, said about filibusters and checks dent’s Cabinet who personally I would longer can express as to and fight for and balances. not have selected. But the President our State because the checks and the Once again, the reality is, I do not has a right, within every reason, to his balances have changed? believe this is about filibusters in the team for his 4 years. I have supported This is not just about judges. What context of judges because, look: 208 to those. about Social Security? If, in fact, the 10; 208 approved, on a bipartisan basis, But this is a third branch of Govern- rules can be changed on judges, what to 10. This is about whether we will ment, with lifetime appointments, so about privatizing Social Security? have free speech in the Senate and, I our Founders said: We are going to give Right now, we have a significant num- believe, in our country through its half of that responsibility to the Presi- ber of people to be able to stop the elected Senators. This is about whether dent and half of that responsibility to movement to dismantle Social Secu- there will be checks and balances in the Senate. So given our half of the re- rity, the great American success story. our Government that allow those rare sponsibility, again, we have agreed to But what if the rules change and the occasions—with the 10—for people to 208 judges on a bipartisan basis. And checks and balances change? say: No. You have gone too far, Mr. using our half of the responsibility, we The whole point of checks and bal- President. With all due respect, your have objected to 10. That is the record: ances, the whole point of allowing ex- nominations have gone too far. And on objected to 10. And why? Because those tended debate and forcing compromise behalf of the people we represent, we individuals, again, do not represent and people coming together, is to bring have the responsibility to stand up and mainstream thought and would be fill- people with calmer minds to be able to say, stop, send us another nominee. ing lifetime appointments—not for 3 or listen to each other and to be able to Send us someone in the mainstream. 4 years, but for three or four decades— forge a bipartisan compromise. For Send us someone who will, in fact, rep- long beyond any of us in our participa- Senators, whether it is their view as a resent the interests of a majority of tion here in the Senate or this Presi- Democrat or Republican or their view Americans. dent. from their State or their view because That is not what is happening today. So it is important to remember that of some other consideration which We are being told: It is all or nothing. in putting together our Constitution causes them to feel so passionately In the Sixth Circuit it is all or nothing. and our Bill of Rights, our Founders, that what is being put forward is Three out of four judges is not good were very wise. I think we are very for- wrong, it forces us to work together. enough. We are being told here: It is all tunate we had a group of people come That is a great thing. That is some- or nothing. It is about complete and together to create these checks and thing we have benefited from as a absolute power, no checks and bal- balances. country. We need to protect that as ances. In other countries they call that It is not about just partisanship, Americans. a dictatorship. We have a democracy. Democrats and Republicans, it is about Let me say also that it is very ironic, We respect and allow other views to be big States and small States. It is about as we are talking about the filibuster— heard. We do not have to agree with Great Lakes States and States that do I find particularly in Michigan—that them, but we allow them to be heard in not have water. The reality is, we have when we talk about the filibuster, and our country’s democracy. And we cre- a system of checks and balances that so on, as if it has never been done be- ate a way, through the Senate, to force has allowed us to come together and fore, colleagues of mine who have been people to come together and listen to create compromise, allowed us to cre- around for a while may remember Abe each other, and to be able to com- ate more mainstream decisions, be- Fortas who was nominated for Chief promise in the very best sense of the

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The We are talking about the ability to their academic achievement, their ju- question that faces us now is a clash of fight for your State, the ability to dicial temperament, for their personal two principles: Do we accede to this stand up for your values and principles, integrity, and I would then vote on new Senate rule that has the standard to fight for what you believe is right, that basis without regard to a cultural no longer of 51 votes but the standard the ability to ask others to join you in litmus test. of 60 votes or do we go back to that that, the ability to say to the Presi- I tried to demonstrate that when standard by changing a Senate rule dent of the United States: Ninety-five President Clinton was living at 1600 making explicit what had before been percent is a great record. Two hundred Pennsylvania Avenue, although I was an understanding among colleagues? eight is a great record. But, Mr. Presi- not on the Judiciary Committee, I fol- I believe we are in a place now that dent, these 10 go too far. These 10 will lowed closely the deliberations of that we have to go back to the standard turn us back in terms of protecting the committee under the leadership of Sen- that this Chamber has operated under rights of Americans, and we are asking ator HATCH. There were a number of for 214 years. I think to do otherwise you to work with us on these 10. Democratic nominees that I specifi- has a long-term impact that is nega- That is not an unreasonable request. cally advocated for and tried very hard tive for the third branch of our Govern- Fundamentally, what we are talking to help in their confirmation, and in ment, the judiciary. about is whether we are going to con- the most part succeeded, even though As Senator DURBIN, the assistant mi- tinue to value free speech in our coun- their views were different from mine on nority leader, would probably like to try. Doing away with the ability for us a range of issues. I remember, in par- know, this is one Republican who does to speak and to be able to require a ticular, the work of the committee on listen to him and I was listening to majority vote of 60 votes in order to be two controversial judges who were, by him last night when he spoke about able to move forward on controversial every measure, on the left wing of the Priscilla Owen. I heard his comments issues is the first step of taking away spectrum politically, Judge Berzon and earlier when she had come up for con- free speech. I am very hopeful when the Judge Paez. firmation in the 108th Congress, and vote comes that men and women of dig- I remember Senator HATCH got them among the many things held against nity and respect and good conscience out of the committee, and I remem- her was her membership in the Fed- on both sides of the aisle will say, no, bered my promise to the people of Or- eralist Society. The Federalist Society this is not about party. It should not be egon. One of our colleagues began to is something I have never belonged to. about party. It should be about what is filibuster against proceeding in viola- When I was in law school, I did not best for the country. It should be about tion of what had been a gentleman’s know about it. But it is an organiza- protecting the greatest Constitution in agreement of 200 years and more; that tion that believes apparently the judi- the world, the greatest Bill of Rights in is, you don’t filibuster judges when cial branch of Government should the world. they clear the committee process and strictly construe the laws and be reluc- We have men and women of good con- they come to a vote. So I voted in both tant to get into political questions, to science on both sides of the aisle who I instances to invoke cloture and then to leave the democratic processes work- know want to do what is right. I hope confirm their ascension to the appel- ing, and to strictly interpret their it is going to be a very proud day, if late court. I remember hearing a lot of judgments from the black letter of the this comes to a vote, and we have the disgruntlement by conservatives in Or- law. I do, however, remember when I bipartisan support of folks standing to- egon who felt very strongly that they was in law school that one organiza- gether and saying: We can do better should be defeated. tion was very active in recruiting, and than this. We can work together and But I do think elections have con- that was the American Civil Liberties maintain the ability for the minority sequences. Presidents have rights and Union. That is an organization that be- view to be heard in the Senate on be- we have a role to play in advising and lieves it stands for the protection of half of the people of this country. consenting. But I also feel that when Thank you, Mr. President. I yield the the Bill of Rights and believes that we use the Senate rules to essentially floor. those who should be on the court The PRESIDING OFFICER. The Sen- overturn the right of a President and should expansively interpret those ator from Oregon. the result of an election, we do more rights. As I understood the assistant Mr. SMITH. Mr. President, I thank than just violence to the executive Democratic leader, he was saying that the Chair and our side for the time to branch of Government. We do serious Judge Owen’s membership in the Fed- speak on this issue. injury to the judicial branch of Govern- eralist Society should disqualify her. This is an issue and a moment in ment. And we send a chilling effect Well, if that is now the standard—and, Senate history which, frankly, I wished into judges’ chambers that they are Mr. President, it will be the standard if there could have been found a way to going to then, in the future, be held to the new Senate rule is 60 votes—then I have avoided. I have been among those a standard that is so politicized that promise my friends on the Democratic who have said to my leader: You have the best and brightest of liberal and side that there will probably be more a qualified yes for my support to try conservative minds need no longer than 40 Senators on this side who in and negotiate. Those negotiations have apply for service in the Federal judici- the future will hold ACLU membership apparently broken down. So then it ary. against nominees. falls to each of us to study and to take Reflecting upon what I did under I think that is a mistake. I think as seriously as we can the weight and President Clinton, I have tried to be guilt by association, whatever you moment of this decision and how we consistent in my advice and consent think of these organizations, should should come down on the issue of fili- during the administration of George W. not be disqualifying of nominees from bustering judges who have majority Bush. I also have noted, in history and the Federal bench. If the standard that support. through my 10 years here, that at the he erects for Priscilla Owen had been in I ran for the Senate because I value end of every Presidential term it is the place when Ruth Bader Ginsburg was this body, appreciate its unique role in common practice in the Senate to slow nominated to the Court, she would not the history of our Nation, and very down the nomination process awaiting have been confirmed. much want to see it succeed in doing the results of an election. This hap- I have also noted with some interest, the people’s business. So I have taken pened to President Carter, it happened while it is never held up as a religious as seriously as I can the decision I have to President Reagan, it happened to test, great concern for nominees who made to be an unqualified supporter of George Hubert Walker Bush, and to are devout members of their religious what the majority leader is attempting Bill Clinton as well. But we are faced faith, fearing that their beliefs and to do here. now with a new standard. The agree- their faith would affect their judgment

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5467 on the bench. Mr. President, I believe down vote for so long? And the reason name was Wayne Morse, known as the the Constitution is explicit in making was simply because it did have an im- ‘‘tiger of the Senate.’’ He is the third clear that we do not have religious pact upon other branches of Govern- place recordholder for a filibuster, ex- tests for public office. I do not accuse ment. ceeded only by Strom Thurmond and any of my Democratic colleagues of re- No one here is proposing a limitation Al D’Amato. As I recollect, he spoke ligious bias, but I do hear a fearful un- of filibusters on the legislative cal- for 22 hours and 26 minutes on the tide- dertone, an undercurrent here that I endar. lands oil bill in 1953. I suspect, if you think will bar the door to judicial serv- Nevertheless, in former years, our check the record, few Senators used ice to people of faith if we set or keep colleagues made many modifications to the filibuster more than Wayne Morse. the standard at 60. the filibuster rule. It began in 1917. He used to come here late at night and Mr. President, I come to this place There was no limit to filibusters until speak well into the night almost on a believing that the brightest of conserv- then. The standard was then set at 67 daily basis when the Senate was in ses- ative and liberal thinkers best serve votes to invoke cloture, end debate, sion. American justice and the evolution of and go to a vote. But still, this was not But listen to what Wayne Morse said American law rather than having a a standard applied to the Executive about the filibuster: standard that says if you are unwritten Calendar. It is time we got back to the original pur- and unrevealed and unaffiliated, you Further on, many changes have been pose of the Founding Fathers and of the U.S. have a chance, but if you are a Member made to the filibuster rights of a Sen- Senate. That purpose is to give reflection, of a political organization, if you are ator. There are, in fact, 26 laws on our continuity, and dispassion to legislation. affiliated with the Heritage Institute books today abrogating the right of a These certainly do not extend to giving a or the Brookings Institute or you are a Senator to filibuster. For example, you veto power to a dissident minority. The Con- member of a religious faith, these cannot filibuster a Federal budget reso- stitution is clear about when a two-thirds vote is required to make a decision. Those standards will begin to erect barriers lution. It was known as the Congres- who want to add to those instances might to service in public office. I think that sional Budget and Impoundment Con- better be honest about their intentions and is a very dangerous thing. trol Act of 1974. The Budget Act of 1974 come forward with a constitutional amend- After my own law school experience, restricts debate on a budget resolution ment, rather than to seek to achieve their I had the privilege of serving as the law and all amendments thereto and debat- purpose by the means of Senate rules. clerk to the chief justice of the New able motions and appeals in connection What Senator Morse was referring to Mexico Supreme Court, Vern Payne. It therewith to not more than 50 hours. is that the U.S. Constitution makes ex- was my observation in those chambers That is a very significant restriction plicit those instances in which super- that the judges that made the most dif- on the right of a Senator to filibuster. majorities are required. Advising and ference for good in the administration Another restriction is that you can- consenting on judges is not among of equal protection and due process not filibuster a reconciliation bill. those. It is required for amending the were those on the right and the left Like the budget amendment, a rec- Constitution, it is required to override that had clear feelings and a compas- onciliation bill cannot be filibustered a President’s veto, it is required for the sion that guided their decisions. I do on the Senate floor, so it can pass by a ratification of treaties, and in a couple think we make a serious long-term majority vote. So you cannot filibuster more instances. But this issue is not mistake and do very real damage to anything connected with a resolution among those expressed in the Constitu- American law when we say only those or reconciliation, such as an amend- tion. in the middle can serve. But that is ment or a conference report. To clarify, Senator Morse states that what the standard of 60 will mean in I think the public would be surprised he supports the use of filibusters. He the future of American law if that is to know that at the end of a session, said: now the rule of the Senate. when the work of the Finance Com- I am one liberal who admits that he fili- If you study the filibuster, you will mittee and much of the work of the Ap- busters. find that this is a right that Senators propriations Committee comes to this Yet he draws a distinction between have that has evolved out of a mistake floor, usually in a big omnibus bill or filibusters which control debate and a in leaving out a Senate rule that origi- reconciliation package, it passes by a filibuster designed to prevent a vote nally governed this body. But unlim- majority vote because it cannot be fili- from ever occurring, which subjects the ited debate became the standard, and bustered. In fact, I suspect half of the Senate to rule by the minority. yet it also became the vehicle by which work we end up doing here, because of He went on to say: much of America’s business was left decisions made in former days, is not undone. Sometimes it was used to odi- the subject of filibuster, even though it It is one thing to filibuster to stop what is ous ends, such as the denial of an Afri- called a ‘‘steamroller’’ in the Senate, to stop is part of the legislative calendar. a majority from taking advantage of a par- can-American’s civil rights. Long be- Another instance: You cannot fili- liamentary minority. It is quite another fore I ever arrived here, colleagues of buster a resolution authorizing the use thing to filibuster in the Senate under a pro- former days began to change, refine, of force—the War Powers Resolution. gram which is aimed to defeat the right of and limit the use of the filibuster. I You cannot filibuster international the majority to express itself by way of the have heard my colleagues on the other trade agreements, and that is called passage of legislation, which in turn will be side describe this right in terms which the Bipartisan Trade Promotion Au- subject to the checks which our constitu- make it secular scripture or that this thority. You cannot filibuster legisla- tional system provides. is in the Constitution. It is not in the tion under the Nuclear Waste Policy There are lots of checks and bal- Constitution. But it is an important Act of 1982. ances, but right now the 109th Senate right, I grant. Time and again, our colleagues be- has a decision to make—whether or not What the public is not hearing is that fore have recognized that to move the we should reinstate a two-century tra- there are several calendars of business business of the United States, there dition of voting up or down on the Ex- that we take up. There is the Legisla- had to be some kind of limits. When I ecutive Calendar for judges. Why? Be- tive Calendar. We are the legislative speak of the filibuster, I speak of it re- cause it is important to the two other branch. Then there is the Executive spectfully; I also understand its impor- branches of Government. The 108th Calendar in which we take up advice tance to slow down debate and to give Congress broke this tradition and 60 is and consent on executive appointments Senators all the opportunity they need now the rule, unless we come to some both to the executive branch and to the for debate. But I also understand that other agreement. judicial branch. When you get to the the country’s business has to move for- Well, again, Mr. President, I do fear Executive Calendar, you really do get ward. So colleagues, in former decades, the impact of this new standard if we to the checks and balances. And the have narrowed the right of the fili- don’t do something. I believe this new question is why was it for more than buster. standard, if applied to past distin- 200 years the gentleman’s agreement One of the Senators in this Chamber guished jurists, would make their con- was that you do not filibuster these who preceded me here from Oregon is a firmation impossible. I believe Oliver nominees, you give them an up-or- man much esteemed in Oregon lore. His Wendell Holmes was revolutionary in

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5468 CONGRESSIONAL RECORD — SENATE May 19, 2005 his thinking about law. Felix Frank- I know that some of our colleagues able requests to consider circuit court furter, a Roosevelt appointee, was cer- wish that restoration of this principle nominations. tainly revolutionary in his thinking. were not required. But it is a measured So it is clear the Democrats do not Thurgood Marshall or William step that my friends on the other side want more time to debate. The minor- Rehnquist or Justice Scalia—these of the aisle have unfortunately made ity leader indicated there was not men, I believe, today, under this new necessary. For the first time in 214 enough time in the universe for that. 60-vote standard, would likely be years, they have changed the Senate’s Rather, a minority of Senators are re- unconfirmable. ‘‘advise and consent’’ responsibilities jecting the opportunity to debate be- I believe this dumbs down American to ‘‘advise and obstruct.’’ cause they want to kill qualified judi- law, and the Senate does a disservice to Our Democratic friends did not bring cial nominations with clear majority the meaning of elections and to the im- us here by accident. For 4 years, they support. portant authorities given to the execu- have steered the Senate toward this These nomination have gone for 2, 3, tive and the judicial branches when we unfortunate path. In April of 2001, Sen- even 4 years—the current justice pend- raise filibusters to this new level, ate Democrats held a private weekend ing on the calendar has been up for 4 which I believe says to every bright retreat in Farmington, PA, to hatch a years—without a vote, while vacancies young law student: If you have a point plan of attack against the President’s on the Federal bench pile up. of view that is clear, if you have a judicial nominees. According to the Let’s take, for example, Justice Pris- membership in the ACLU or in the Fed- New York Times, one participant at cilla Owen, who is the pending business eralist Society, if you are a member of the meeting said, quote, ‘‘it was impor- of the Senate. She was nominated, as I a religious faith or part of a labor tant for the Senate to change the just indicated, by the President 4 years union, this will be held against you; it ground rules, and there was no obliga- ago to sit on the Fifth Circuit. Justice will have a chilling effect on people’s tion to confirm someone just because Owen has served with honor for 10 ability to make a difference in law. It they are scholarly or erudite.’’ And, years on the Texas Supreme Court. She will certainly be a sword that we will thus, we embarked on this uncharted won reelection with a whopping 84 per- wield when we are in the minority. It course. cent of the vote, far more than most of is, therefore, with regret but convic- Until the last Congress—the 108th our colleagues who oppose her. She has tion that I assert my support for a rule Congress—it had been standard proce- the support of both Democrats and Re- that will restore the tradition of the dure not to filibuster judicial nomi- publicans from Texas who know her Senate on the Executive Calendar. nees. That changed on February 11, best. She has endured 4 years of slan- The Senate rules are not Scripture. 2003. On that day, Senator HATCH, derous attacks from partisan groups They have been changed repeatedly chairman of the Judiciary Committee, with grace and poise. throughout the history of this institu- sought consent to consider Miguel All of that meant nothing once she tion. We may now have to do that Estrada’s nomination to the DC Circuit landed in the crosshairs of the Senate’s again. I had hoped that a compromise Court. My friend, Senator DODD, re- obstructionist minority. We devoted 17 could be found. One may yet be found. fused. Senator HATCH offered to in- legislative days to discuss her quali- But I have also come to believe that crease the amount of time for debate fications—17 days—and we have held when you take a deal that says give up by 10 hours and was refused again. He four cloture votes on Justice Owen’s on the principle, the tradition, and offered 20 hours. He offered 40 hours. He nomination in order to allow the entire throw half of these nominees over- offered even 50 hours of debate, an un- Senate to pronounce its collective board, what is admitted in that offer is judgment on her qualifications. But a that all of these people from whom we precedented amount of time. Senator DODD said as follows: minority of Senators is determined to can select are qualified for the Federal deny the Senate the exercise of its con- This is not about the amount of time. bench, and what is also admitted by stitutional duty. All four cloture votes that offer is that this is just about pol- We have heard the repeated argu- have failed. itics. ment on the other side that this is On May 1, 2003, cloture failed on the This is a principle too important to about the right to speak. Senator DODD Owen nomination by a vote of 52 to 44. get in the way of the efficient manage- said that this is not about the amount One week later, it failed 52 to 45. On ment of our business, our responsi- of time. July 29 of that year, it failed 53 to 43, bility of advising and consenting, and Remember that, Mr. President. The and on November 14 of that year, it having back in place the 200-year tradi- next time you hear any one of our failed 53 to 42. For every one of those tion of giving up-or-down votes to Democratic colleagues complain that votes, Justice Owen had a clear major- those who have majority support. when we restore the norms and tradi- ity and, in fact, bipartisan support. But With that, I urge my colleagues to tions of the Senate, we will be limiting some continued to do the unthinkable. support the majority leader, and I urge their right to speak or cutting off de- They continued to set the precedent the restoration of a majority vote on bate, they themselves say it is not that only 41 Senators should have the judges. about that. Such claims actually don’t I yield the floor. right to dictate to the President who withstand scrutiny. I could not agree he or she can and cannot appoint to our The PRESIDING OFFICER (Mr. GRA- more with my friend from Connecticut HAM). The assistant majority leader is Federal courts. when he said this current impasse is Justice Owen is not the only person recognized. not about the amount of time available Mr. MCCONNELL. Mr. President, I they have obstructed. In the 108th Con- to debate. want to say this to my good friend gress, an obstructionist minority The Democratic leader, my friend, from Oregon before he leaves the floor. blocked the Senate from giving its ad- Senator REID from Nevada, also agrees I listened intently to his extremely vice and consent a record 20 times. with me. When Senator BENNETT re- well-crafted and reasoned arguments, Twenty votes on judicial nominees and I congratulate him for his impor- quested an agreement to consider the were held, and 20 times a minority of tant contribution to this momentous, nomination of Justice Priscilla Owen Senators refused to let the Senate dis- significant debate we are having in the to the Fifth Circuit, Senator BENNETT charge its constitutional duty to Senate, trying to get ourselves back to also bent over backward to give the mi- render advice and consent. Twenty the way we comfortably operated for nority whatever number of hours for times, Mr. President, in the 108th Con- 214 years. I thank my colleague for his debate it needed. gress they stopped a judicial nominee contribution. Senator REID responded: who clearly had majority bipartisan Because of the unprecedented ob- There is not a number in the universe that support from receiving the courtesy of struction of our Democratic colleagues, would be sufficient. an up-or-down vote. They filibustered the Republican conference intends to ‘‘There is not a number in the uni- 10 different circuit court nominees restore the principle that, regardless of verse that would be sufficient.’’ Clear- within 16 months. This is completely party, any President’s judicial nomi- ly, it must not have been about getting without precedent, and it is also not nees, after full debate, deserve a simple enough time. Our Democratic friends fair. Any President’s judicial nominees up-or-down vote. went on to block several more reason- should receive careful consideration,

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5469 but after that debate, they deserve a for debate while reestablishing the Given those results, many of us had simple up-or-down vote. Senate’s 214-year history of allowing hoped that the politics of obstruction Despite the Democrats’ power grab, nominees with majority support to re- would have been dumped in the dustbin we offered them several compromises ceive the courtesy of an up-or-down of history. Regretfully, that did not that allowed for extended debate but vote. It was a good proposal. Unfortu- happen. still give nominees the courtesy of an nately, our Democratic colleagues re- Recently, we Republicans tried again up-or-down vote. They rejected every jected it. to reach an accommodation with our one. For instance, in May 2003, the ma- In April 2004, a little over a year ago, Democratic colleagues. Last month, jority leader, along with Senator Zell the majority again reached out to our the majority leader offered a com- Miller of Georgia, a Democrat, pro- Democratic colleagues. We suggested prehensive, thoughtful, and fair-mind- posed S. Res. 138, the Frist-Miller clo- another approach to break this impasse ed solution. It is called the fairness ture reform proposal. on judicial nominations. This time the rule. My Democratic colleagues had re- The Frist-Miller proposal was nar- chairman of the Judiciary Committee, peatedly complained that some of rowly tailored after a much broader Senator SPECTER, took the lead by of- President Clinton’s nominees were Democratic proposal from 10 years ago fering S. Res. 327, the Specter protocol. never reported out of the Judiciary that would have completely eliminated Under the Specter protocol, judicial Committee, and that is a valid point. the filibuster in its entirety. The nominees would receive a committee They had a point. So to address the Democratic proposal would have elimi- hearing, a committee vote, and a floor concern, the Frist fairness rule guaran- nated the filibuster from legislation, to vote within a reasonable amount of tees that every nominee would be re- which it has been historically confined, time regardless of which party con- ported out of Judiciary—presumably as well as for judicial nominations, trolled the Senate and the White some of them maybe not with majority where it had not been used until the House. support—preventing any nominee from last Congress. The chairman of the Judiciary Com- getting blocked in committee, which is Interestingly, all Republicans, every mittee would agree to hold hearings for the principal complaint the Democrats single one, voted against the Demo- the nominees within 30 days of the sub- have about how they had been treated cratic proposal because it would have mission of their names by the Presi- when our party controlled the Senate eliminated the legislative filibuster. In dent. The chairman would set a date and their party the White House. fact, it was the first vote that Majority for the full committee to vote within 30 The Frist fairness rule guarantees Leader FRIST cast in the Senate. The days of those hearings. And the major- every nominee would be reported out of only Senators who voted for that pro- ity leader would set an up-or-down vote Judiciary, preventing any nominee posal were our friends on the other side on the Senate floor within 30 days after from getting blocked in committee. of the aisle, nine of whom are still the nominee was reported out of com- The principal complaint we have heard serving in this body today, singing a mittee. It was pretty simple. repeated so often out here is that the different tune, I might add. As I indicated, these timetables Republicans were simply doing in com- I have heard several of my friends on would apply whether Democrats or Re- mittee under Clinton what the Demo- the other side of the aisle warn omi- publicans were in charge of the Senate, crats are doing on the floor under nously that if the Senate votes to rees- whether the same party controlled the tablish the norms and traditions of this White House and the Senate, or wheth- Bush. We will deal with that. In addition, my Democratic col- body with respect to judicial nomina- er the two parties split the control. tions, this could somehow lead to the I bet to the vast majority of people leagues complain they need to have the infringement or even abolishment of a listening, that sounds like an ex- right to debate judicial nominees pro- filibuster as applied to legislation. tremely fair, bipartisan solution. I tected. What nonsense. That will not happen agree with them. Again, unfortunately, This complaint is incongruous with because certainly nobody on this side our Democratic friends have not em- Senator REID’s comment that there is in favor of this, and I gather now no- braced it. was not enough debate time ‘‘in the body on the other side is in favor of it, At this point, most people would universe’’ to allow a vote on Justice even though nine of them were for it 10 throw up their hands and give up. We Priscilla Owen. It must not have been years ago. do not have the luxury of doing that, about time because he said there was When the Democrats proposed to do however, because the American people not enough time in the universe. away with the legislative filibuster 10 elected all of us to act on these issues Nevertheless, the Frist fairness rule years ago, nobody on this side of the that confront the country. Restoring guarantees up to 100 hours of debate on aisle supported it, and I am confident Senate tradition and thereby restoring every nominee, allowing every member nobody on this side of the aisle would the proper balance of power between to have his or her say. This is more support it today. What is remarkable the executive and legislative branches time than has been devoted to most about that is back in 1995 when our is one of our responsibilities, and we Supreme Court nominees. friends on the other side were pro- need to do it. Finally, the Frist fairness rule guar- posing eliminating the filibuster, it We Republicans redoubled our efforts antees up-or-down votes for every cir- was right after our party came to the and patiently tried again. In the in- cuit court or Supreme Court nomina- majority. We would have been a big terim, though, we had an election. tion, regardless of which party controls winner of that had it passed, but yet President Bush and several candidates the Senate or the White House. So the not a single one of us voted for it. What for the Senate, many of whom serve fairness rule could not have a more ap- did we do? We exercised restraint. here today, met thousands of main- propriate name. It guarantees a full So back to the Frist-Miller proposal stream ordinary Americans who were and comprehensive debate. It guaran- which, as I said, was a narrowly fo- angry at the obstructive attempts to tees every Senator a constitutional cused version of the Democratic—I disfigure the filibuster. Thousands of right to cast a fair up-or-down vote for stress ‘‘Democratic’’—bill to eliminate Americans told President Bush and every judicial nominee. It guarantees the filibuster altogether. The Frist- their Republican candidates for the every President that their judicial Miller proposal was much more mod- Senate that they do not believe the nominees will get through committee erate, much more measured. It would President’s nominees are out of the and get a vote on the Senate floor and, have applied only to nominations, not mainstream, and they do not like a mi- of course, it would not apply to legisla- to legislation. It would have allowed nority of the Senate preventing the tion at all. Senators after 12 hours of debate to file Senate from discharging its constitu- Once again, our Democratic col- successive cloture motions with declin- tional duty. leagues quickly rejected this proposal. ing requirements to achieve cloture. Millions of them turned out to re- To recap, the majority in the Senate The final cloture threshold would be a elect President Bush, giving him more has had weeks of debate. We have tried majority of Senators present and vot- votes than any Presidential candidate multiple and generous time agreeing. in American history. And millions ments. We have offered the Frist-Miller The Frist-Miller proposal would have voted to increase the majority’s num- proposal. We have suggested the Spec- allowed the minority sufficient time ber in this body from 51 to 55. ter protocols. We have offered the Frist

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5470 CONGRESSIONAL RECORD — SENATE May 19, 2005 fairness rule. Unfortunately, our likelihood, if this continues, that 41 But, no, the Democrats would not ac- Democratic colleagues have rejected Members of the Senate will dictate to cept that. all of these efforts at accommodation. the President of the United States who So then this year I came back and I We have reached the point in this de- may be a member of the Supreme started to see if maybe I could work bate where not a lot of new things are Court and other courts. across the aisle with Senators such as being said, but not everybody has yet We have made every effort to reach Senator NELSON, Senator PRYOR, and said it. But I want to make a point out and compromise, but our col- others to see if we could address some that I believe has not been made by leagues at least so far have refused. of the legitimate concerns. anyone today. For 70 percent of the The only choice that remains is to hold This problem did not start 2 years 20th century, the same party con- a vote to reaffirm the traditions and ago or 4 years ago. This has been com- trolled both the White House and the precedents that have served this body ing for a long time. I think it began Senate. For 70 percent of the 20th cen- so well for the last 214 years. Let us with the nomination of Judge Bork. I tury, the same people running the vote. think Republicans have retaliated for White House were running the Senate. I yield the floor. what they felt was a wrong and then Most of the time, the people in the mi- The PRESIDING OFFICER. The Sen- the Democrats retaliated, but always nority in the Senate were people of my ator from Mississippi. slipping further down this slope of un- party. Yet Republicans did not fili- Mr. LOTT. Mr. President, I thank fairness to these good men and women. buster, for example, the judicial nomi- Senator MCCONNELL for his comments So Senator NELSON and I worked to- nees of Franklin Delano Roosevelt, and for his leadership in this area. In gether, and we did come up with a pro- even though he appointed eight Jus- many respects, I would like to pick up posal that would guarantee all nomi- tices to the Supreme Court and ele- where he left off in the discussion of nees now and in the future would get vated another to Chief Justice. how did we reach this point. How did reported out of the Judiciary Com- More recently, the Republican minor- the Senate come to where we are going mittee after a specified period of time. ity did not filibuster the judicial nomi- to have to have hours, days, weeks of In other words, stop the practice, if in nees of Presidents Carter and Clinton debate on highly qualified men, fact there was one during the Clinton because we were in the minority for 2 women, and minorities for the Federal years, of killing nominations in the Ju- years under President Clinton and all 4 judiciary? diciary Committee unless there is years under President Carter, even Most of my colleagues in the Senate clearly justification for it, objection though several of these nominees were know over the years I have been a be- from the in-State Senators, or other extremely controversial and did not liever that we should get things done reasons, but do not get into the tech- enjoy supermajority support. for the American people; that we nicalities. Just say we were going to To be fair, when Senator BYRD was should have cooperation; that we guarantee they would get out of com- the minority leader, he did not lead his should vote on these judges up or down mittee, there would be time for full de- Democratic caucus in the Senate to fil- and move on; that we need to be work- bate up to a week before we could get ibuster President Reagan’s judicial ing as we did earlier this week to rean up-or-down vote. nominees either, and Senator BYRD port a highway bill, to get energy legis- Senator FRIST actually expanded should be commended for that. That lation, to deal with the very critical that and said how about a full 100 hours was an extraordinary act of statesman- and difficult issue of immigration re- of debate; every Senator would have an ship. He could have done at the time he form, pass appropriations bills, take up opportunity to talk an hour about any was in the minority when President other critical issues for the future in nominee. By the way, I can tell my col- Reagan was in the White House what our country, the creation of jobs, to leagues, for the majority leader to has been done in the previous Congress. promote the continued development in make a sacrifice of 100 hours of this When Senator BYRD was minority critical high-tech areas such as tele- body’s time is a huge sacrifice. It could leader, he did not lead his Democratic communications. We have a lot of work not be done very much, maybe two or Caucus in the Senate to filibuster to do and yet here we are, stalled out, three times a year at the most. So the President Reagan’s judicial nominees. in my opinion, unnecessarily. seven nominees now being held hostage Not until 2 years ago has a Senate mi- I believe we should reach across the whom we are going to talk about in the nority ever decided to filibuster a aisle and try to find accommodation. next few days, some of them clearly President’s judicial nominations on a Whether one likes it, that is how the would not make it under that proce- repeated partisan and systematic basis Senate was set up, that is how we dure, but it would have gotten to a when they clearly enjoyed majority work, quite often by consensus. Over final vote. support. the years, when I served in leadership Again, that was rejected by the To correct this abuse, the majority positions, I was quite often criticized Democrats because they said, oh, no, in the Senate is prepared to restore the by my own colleagues of being too will- we cannot agree to anything that Senate’s traditions and precedents to ing to work with the other side to try would appear to or in fact give up our ensure that regardless of party, any to find a way to get a result. Then Sen- right to filibuster these judges. That President’s judicial nominees, after ator and Minority Leader Tom Daschle did not work. full and fair debate, receive a simple and I worked together a lot. At the Then, of course, there was the last ef- up-or-down vote on the Senate floor. It same time I was being criticized by fort, one that is now still underway, is time to move away from advise and some of my colleagues, he was being one I am not involved in any longer be- obstruct and get back to advise and criticized by his colleagues. It is called cause I kept feeling we were not going consent. leadership. It is called dealing with the to get an agreement that did not force The stakes are high. The Constitu- rules one has and finding a way to us to throw over and not even vote or tion of the United States is at stake. work together and move forward. agree to vote down one of these two Article 2, section 2 clearly provides the I have been working for 4 years to women, outstanding nominees, for the President and the President alone figure out what is going on and find a Federal appellate courts. I will talk nominates judges. solution that is acceptable to both more about them individually in a mo- The Senate is merely empowered to sides of the aisle. ment. give advice and consent, but our Demo- I worked with Senator FRIST and So again back to the question of how cratic colleagues want to change the Senator Zell Miller to get a bill out of we got here, the debate we find our- rules. They want to reinterpret the the Rules Committee some 2 years ago selves currently engaged in is a cul- Constitution to require a super- that would set up a process that would mination of 4 years of obstructionism majority for confirmation. get us to a final vote on these nomi- by a minority of Senators who refuse In effect, they would take away the nees. The first vote would be the re- to allow the majority of the Senate to power to nominate from the President quired 60 and then the second vote 57 fulfill their constitutional responsibil- and grant it to 41 Members of the Sen- and so on down until eventually after ities. ate. In other words, there would be the about a month we would get a direct I know we have a lot of people who distinct possibility and in fact great vote that I think would have been fair. come to the Senate floor and talk

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5471 about the Constitution, pontificate me, part of the politics we get around both of these nominees in an effort to about the forefathers, and that the lan- here, and that it would change with move the process forward toward a guage is this. I have read the Constitu- time; it was just a gratuitous backhand vote, against the wishes of a number of tion, I have read the Federalist Papers, at me. I can say for sure Senator Members of my own caucus. I stood I have looked at the history, and clear- Daschle, my friend, was not com- right there and said we are not going ly these judges should be getting an up- fortable with what happened there. The to filibuster Federal judicial nominees; or-down vote. majority came back to the Republican we are not going to do it. If they come The Constitution clearly says when side and Judge Pickering came to the out of the committee, they are going to they expect a supermajority, and if floor and he was filibustered. Then it get an up-or-down vote. Now, I may they do not, then the presumption is a was Miguel Estrada. Then it was Pris- vote against them but not on my watch majority would win. cilla Owen. Then a pattern developed. are Republicans going to filibuster I believe in protecting minority That is one reason some people say, these nominees. rights. I have been in the minority look, if there is this option that it only On March 8, 2000, the Senate voted 86 more in my legislative career of 33 takes 51 votes, why was it not done last to 13 to 1 to invoke cloture to cut off years than I have been in the majority. year or 2 years ago or 4 years ago? the filibuster on the nomination of But there is another little thing: It is Frankly, because I thought it was an Judge Berzon. Her nomination was con- called elections and a majority. At aberration. I thought it was tem- firmed the following day by a vote of 64 some point, we quit talking and we porary. to 34 to 2. give these people a fair up-or-down I could not believe this institution Also on March 8, 2000, the Senate vote. would besmirch, denigrate, and harass voted 85 to 14 to 1 to invoke cloture on Some people will come to the floor these nominees, turning the Senate not the nomination of Richard Paez. The and say, this is the tradition, we must into an august, hallowed body of great next day, March 9, 2000, a motion to not mess with it; this is something deliberation but into a torture cham- postpone indefinitely a vote on Paez that has been in existence from the ber, and yet here we are. I have tried to was defeated 67 to 31 to 2. By the way, very beginning of the history of our find a way to get out of this. I have in the interest of full disclosure, I country. That is not so. As a matter of tried to accept some of the blame I devoted to delay it. I do not remember fact, filibusters did not get started serve, but that has already been done. why, and I am embarrassed. I should until World War I. We have to find a solution now and not have. An indefinite postponement Oh, people will be surprised at that. we have to do it soon. Can a com- is the same as a filibuster. That was You mean we have not had it since the promise be worked out? Why, of course. wrong. We should not have done it. He great days of Clay, Webster, and Cal- They always can, by sundown. That was later approved that very day 59 to houn? No. As a matter of fact, after a would probably satisfy nobody totally, 39 to 2. minority of Senators blocked efforts to but everybody a little bit. If it does not These two now serve in the Federal have an up-or-down vote on a proposal happen, we have to get this over with. judiciary. They had lots of problems, in to arm merchant ships during World We have to vote. my mind, which I will not enumerate. War I, the Senate adopted its first clo- So what I thought was going to be an There is no use rehashing that. But ture rule. The cloture rule was later isolated incident now has become ex- this is proof of the evidence when Re- changed on five separate occasions, treme. It has become systematic. It has publicans say we did not do it when we most recently in 1986. become highly partisan. We have to could have during the Clinton years, So these great and hallowed tradi- deal with it. We probably should have we did not allow filibusters. The num- tions in this institution, if one checks already dealt with it. ber of President Clinton’s judges who back on them, do not go back very far. As majority leader, I worked closely were blocked by filibusters, zero. Not This is a living body. Like the Con- with Senator Daschle to ensure each under my watch or others’. stitution, it is a living, breathing body. nominee who reached the Senate floor I think it is time we bring this to It changes. It evolves. We make received an up-or-down vote. Some peo- conclusion. I think if we could ever get changes in the rules. That is why when ple said, all the judges did not get out a time out, if we could ever find a way people say, woe is me, doom and gloom, of committee. The leaders do not dic- to stop the filibusters, deal with the the Senate cannot get through this, tate to the committees. We do not dic- magnificent seven that are still pend- whatever we do, it will be cata- tate to one Senator, let alone a coming, this would fade away. That is the clysmic—forget it. We have a job to do mittee of Senators. But when it came way it happens in the Senate. here. Let us face it like men and to the floor, through thick or thin and Oh, the clash is mighty and the roar women and let us deal with the issue. however difficult it was, we got it done, is deafening. ‘‘There is no way out of Let us move on. Let us deal with the we got them confirmed. this valley of death.’’ That is when it substance. Let us deal with the things I will give an example. I filed cloture always seems to happen, that we find a that matter to people, such as the price personally on President Clinton’s way to stop the craziness and move for- of gasoline and the immigration prob- nominee to the Federal district court ward in a responsible way. lem, and handle it in a fair way. But in Utah, Brian Theodore Stewart. A I have to talk a little bit about the this is not something that has been cloture vote was in fact held to cut off nominees. I have met with some of written into the Constitution. No, it is an unnecessary and unfair filibuster on them. I direct your attention to this new. September 21, 1999. I voted for cloture picture. Why does he have a picture? I It began, I am sorry to say, with a to cut off the filibuster for this nomi- want to make a point. These are not personal friend of mine, a great man, a nee because I believed, as I believe numbers. These are not seven things. great judge named Charles Pickering now, that it was important to hold an These seven nominees who have been who had been approved unanimously by up-or-down vote on a nomination after renominated by the President are men the Senate in the past to be a Federal it reached the Senate floor. and women and minorities who have district judge, but when he was nomi- Additionally, I would like to mention had their reputations and their lives nated for the Fifth Circuit Court of Ap- two other controversial nominees to dragged through the mud—this one, peals, we could not get it out of the the Ninth Circuit Court of Appeals Priscilla Owen, for up to 4 years. committee. At that time, the majority, nominated by President Clinton. Mar- Maybe you could analyze the seven the Democrats, killed his nomination sha Berzon and Richard Paez both had and say, that one has a little problem in committee. I was floored. I could not very serious problems that were raised or that one has a little problem. I don’t believe it; one of the finest men, one of during their nominations and that con- say they are perfect. None of us are. the finest Christians, one of the finest cerned Senators. Their nominations But I am telling you, you can’t get judges, one of the best unifiers we have were certainly highly contentious, and much closer to perfect than this nomi- ever had in the history of our country the process was very slow. However, nee, Priscilla Owen. That is why I probably since LQC Lamar in the 1880s. they did eventually come out of the Ju- could never agree to any deal that did He got defeated in committee. I diciary Committee and at the appro- anything but allow this lady to have an thought at the time it was a shot at priate time I rose to file for cloture on up-or-down vote on her nomination.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5472 CONGRESSIONAL RECORD — SENATE May 19, 2005 She is from Texas. Maybe that is part Somebody said she has a pro-business are some things more important than of the problem, I don’t know. She voting record. Is that something sin- the rules of an institution. I still think serves on the Texas Supreme Court. It ister? She has ruled, for instance, that right and wrong should apply, just as it seems like a good training ground be- patients who are injured should be able should in every other phase of our fore you move to the Federal judiciary. to pursue doctors. She has ruled on oc- lives. She graduated cum laude from Baylor casion for consumers. But, my good- What has happened to this lady, and University and cum laude from Baylor ness, is it an indictment if you are pro- this one, is wrong. I cannot be a part of University Law School. She was a business? I am the son of a shipyard a process that doesn’t give them the member of the Baylor Law Review. She pipefitter, union member, but I am pro- vote that they deserve, up or down— was honored as the Baylor Young Law- business because I figured out, like my now. If they are not confirmed, so be it. yer of the Year, Baylor University Out- daddy knew, if business didn’t make a I have voted on the winning side and on standing Young Alumna. After grad- profit, if they went out of business, he the losing side. I have voted for judges uating from law school, she scored the was out of a job. and against judges. Most often they highest score in the State when she So, there, she deserves a vote up or have been confirmed; occasionally not, took the Texas bar exam in 1977. down. She will make a great Federal and I have been berated by Democrats She practiced law with one of the judge. sometimes when I voted against some most prestigious law firms in the State This one is even more hard to explain of the nominees. But the process used of Texas, mostly commercial litiga- to me. Janice Rogers Brown. I am not to work. It is broken now. Let’s fix it. tion, for 17 years. She has been on the going to give her American dream Let’s fix it now. Let’s do our job. Let’s Supreme Court of Texas for 101⁄2 years, story, but she has lived it: Born in Ala- vote. and the last time she ran she was en- bama, family moved to Sacramento Mr. President, I yield the floor. dorsed by every major newspaper in the when she was still in elementary The PRESIDING OFFICER (Mr. State and she received 84 percent of the school. She grew up in California, got COBURN). The Senator from Missouri. vote. an education, and worked hard. She Mr. BOND. Mr. President, I think the She has ruled hundreds of times, not graduated from California State Uni- facts are clear. You have heard this always on the business side, sometimes versity at Sacramento, with a bachelor many times. Almost everything has on the consumer side. She has had to in economics and received a law degree been said, but not everybody has said interpret law that has been difficult, from UCLA Law School. She has served it. I want to go over some of the facts but she has done it. She has done it as Legal Affairs Secretary to Pete Wil- I think are very important. fairly. She has done it most often with son, the Governor of the State of Cali- For 214 years judicial nominations the majority of the court. fornia, Deputy Attorney General in the have come to the Senate floor and have By the way, even that hallowed office of the California Attorney Gen- been considered without filibuster. It is American Bar Association—that I used eral, and she served on an intermediate a courtesy extended by my fellow Sen- to be a member of, but I dropped my California appellate court. She has ators to the President. By resorting to membership for a number of reasons— been on the bench long enough where filibustering judicial nominees who gave her its highest rating. have the support of a majority of Sen- When you look at this lady’s record, she has been appointed and sought re- ators, which began in 2003 by col- her brilliance, her family—every way election and she got 76 percent of the leagues on the other side of the aisle, she has conducted herself, there is no vote in California on reelection. justification for her not being con- That is not exactly a center or a cen- they are throwing overboard 214 years firmed or at least getting a vote. ter right constituency. They must have of Senate courtesy and tradition. I am not going to go through the thought she was doing a good job; the The Constitution of the United charges that are levied against her, first African-American woman in his- States does not contain a word about partially because some of them are so tory on the Supreme Court of Cali- filibusters. The Federalist Papers do bizarre and so ridiculous, but also be- fornia. A great record. not contain the word ‘‘filibuster.’’ cause I have seen around here that if The American dream has been lived Rather, the Constitution lays out the you repeat a misstatement often for this lady. Two days ago, when she standards for confirming judges. It enough, it becomes fact. Here is an ex- came by my office, I apologized to her does not require a 60-vote majority for ample. Justice Owen has been accused on behalf of the American people for confirmation. It requires a majority by some of the people here because of the way the Senate has treated her. I vote to confirm members of the Fed- the fact that Justice Alberto am ashamed of what we did. What is eral judiciary. Gonzales—now the Attorney General, the criticism? The Democrats in this Chamber have then a supreme court justice in Texas— One of them, she is harsh on criminal taken it upon themselves to rewrite accused her of being engaged in an ‘‘un- defendants. Excuse me? The truth is, the rules for confirming justices. They conscionable act of judicial activism’’ she is a conservative African-American now demand 60 votes for confirmation in one particular parental notice case woman. This is bad. ‘‘How can we allow to a circuit court or potentially a Su- where abortion was involved and she that to happen? That can’t be.’’ She preme Court position. was interpreting a State law. That hap- has had some things to say in her re- For the first time, judicial nomina- pened even though Justice Gonzales marks off the bench, that some of the tions with clear majority support are said that was not the case, that his Federal programs have had a counter- denied an up-or-down 51-vote, Senate words were twisted and misconstrued. effect, not a positive effect. But she has majority vote on the Senate floor When he said that, for him, in his con- been described by others as being bril- through the unprecedented use of the curring opinion, it would be an ‘‘uncon- liant and fair. Even a columnist who filibuster. scionable act of judicial activism’’ for was being critical of her recently ad- There is no constitutional authority any judge to bend the statute to admitted that her opinions are consist- for their demands, and it is an aban- vance his or her own personal views, ently the most concise, engaging, well donment of the tradition of this Cham- even though ‘‘the ramifications of such organized, and well reasoned. ber. We are perfectly within our rights law and the results of the court’s deci- She wrote the majority of the deci- and history is on our side as we prepare sion may be personally troubling,’’ he sions in 2002 for the California Supreme to take steps to ensure the confirma- was talking about himself. Court. She is writing with the major- tion of judges with majority support. This is not a gratuitous shot at his ity. Again, this face is a human being. In an attempt to cloud these rather colleague sitting on the bench, and he This is not a number. This lady has clear facts, the Democrats have put has tried to clarify it. It makes no dif- been tangled up in partisan politics for forward a parade of dubious arguments ference. It continues to be repeated as 2 years. This is wrong. to support their filibusters, obfuscation fact among those who oppose this nom- That is why when people say to me, to justify political obstructionism. ination. Oh, the institution will be damaged, One of the facts they overlook is Look at this face. This lady has been my colleagues, I think we maybe pro- their obligation to check the Presi- through 4 years of hell. Why? I just test too much, and we puff ourselves up dent—and our very system of checks don’t get it. a little bit too much. By the way, there and balances gives them authority and

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5473 demands action. But the Senate has vilification, without giving them the individuals who should occupy these the ability to check the President, not right to an up-or-down vote which this positions, and the need to give them an a minority of the Senate willing to per- body has already demonstrated they up-or-down vote. vert the rules of this body. The major- would give them. On two occasions, my colleagues on ity, therefore the Senate as a body, and Look at what they have said. Back in the other side of the aisle had the representing a separate branch of Gov- 1975 in the CONGRESSIONAL RECORD of chance to win the argument on judicial ernment, has spoken on these nomina- February 20: nominations and had a chance to win tions. These nominees enjoy the sup- The filibuster has been the shame of the this argument at the ballot box. They port of the majority body’s Members. Senate and the last resort of special interest did not. They had a chance to convince The President has made his nomina- groups. Too often, it has enabled a small mi- a majority of the Members of the Sen- tions and made his case for the nomi- nority of the Senate to prevent a strong ma- ate that the nominees are unsuitable nations. Supporters and opponents of jority from working its will and serving the to sit on the Federal bench. They were the nominees have made their case be- public interest. unable to do so. So they have resorted fore the Senate on these nominations. So spoke the senior Senator from to turning a Senate rule on its head From the votes we have taken we have Massachusetts. and insisting on an application never seen that a majority of the Senate Then, in 1998, June 18, a statement used before to win a debate they could agrees with the President and supports from the CONGRESSIONAL RECORD: not win by a simple 51-vote majority. his nominations. Under the system to I have stated over and over again on this Now our Democratic colleagues come to the floor and say the view of the ma- check the President, as laid out clearly floor that I would . . . object and fight jority of the Senate and the view of a in the Constitution, the President has against any filibuster on a judge, whether it is somebody I opposed or supported. President, who won the most votes carried the issue and won the support ever by any President, is out of the of the body that has the authority to That was the senior Senator from Vermont. mainstream. A minority is now de- register its disapproval. manding their view—which is the mi- It has not disapproved. The Constitu- He also said: nority opinion in this body, and appar- tion says nothing on the subject of a I do not want to get [to] having to invoke ently from the opinion polls and our filibuster, and it says nothing of the cloture on judicial nominations. I think it is contacts, the minority opinion in the power of a minority to defeat the a bad precedent. CONGRESSIONAL RECORD, September country—should carry the day as to President’s judicial nominations. It is what is and what is not in the main- the product of a rule of the Senate 16, 1999. Another quote: stream. Once again, this line of passed many years after the ratifica- thought would seem to turn logic on tion of the Constitution. This rule does If we want to vote against somebody, vote against them. I respect that. State your rea- its head. not derive from the authority of the To cloud further the unprecedented Constitution. Furthermore, the rule is sons. I respect that. But don’t hold up a qualified judicial nominee . . . I have stated nature of their attack on the Presi- being used in a manner never used be- over and over again on this floor that I dent’s nominations, my Democratic fore. It is a perversion of the intent of would . . . object and fight against any fili- colleagues are blowing their own horn the Constitution and, if its use in this buster on a judge, whether it is somebody I about confirming 208 of the President’s manner is not abandoned, then we opposed or supported; that I felt the Senate nominees versus only defeating 10; a must take steps to wipe it from the should do its duty.’’ stellar record of cooperation they books. Same Senator from Vermont, June claim, evidenced by confirming 95 per- Let me go back to statements made 18, 1998. cent of the President’s nominees. By about this process. Democrats are try- Here is another one from the CON- confirming the President’s district ing to change the constitutional stand- GRESSIONAL RECORD March 19, 1997: court nominees they are attempting to ard for confirmation from a simple ma- But I also respectfully suggest that every- hide a blatant attack on the Presi- jority to a 60-vote standard. That is one who is nominated ought to have a shot, dent’s nominees for higher court, ap- why we see the claim of the distin- to have a hearing and have a shot to be heard pellate courts, courts of appeal. guished senior Senator from West Vir- on the floor and have a vote on the floor . . . The circuit courts of appeals are the ginia that the nominations were re- It is totally appropriate for Republicans to second most important courts in the reject every single nominee if they want to. jected because they did not get 60 votes land behind only the Supreme Court of for cloture in the 108th Congress. Sen- That is within their right. But it is not, I will respectfully request, Madam President, the United States. When it comes to ators from Nevada, New York, Wis- appropriate not to have hearings on them, confirmation of the President’s nomi- consin, and Massachusetts have said not to bring them to the floor and not to nees, their record is not one of coopera- they were rejected. A 60-vote standard allow a vote . . . tion but one of unprecedented assault. is contrary to the Constitution. The That was the distinguished senior Nearly one in three of President Bush’s Constitution spells out clearly where a Senator from Delaware, March 19, 1997. nominees for the Federal court of ap- supermajority is required: For veto Here is another good quote: peals has been targeted for defeat. This overrides, constitutional amendments, The Chief Justice of the United States Su- is not by accident. We know two days treaty ratification, expelling a Mem- preme Court said: ‘‘The Senate is surely after the Senator from Vermont ber, convictions for impeachment. Ju- under no obligation to confirm any par- switched parties and changed the bal- dicial confirmation is not one of them. ticular nominee, but after the necessary ance of the Senate in June of 2001, a It is also a double standard based on time for inquiry it should vote him up or number of extreme left-leaning groups past treatment of a Democratic Presi- vote him down.’’ Which is exactly what I met to plot the defeat of circuit court dent’s nominees. For example, Clinton would like. nominees. Their analysis showed a Re- nominees Richard Paez and Susan The distinguished senior Senator publican President would surely nomi- Molloway and William Fletcher were from Massachusetts, CONGRESSIONAL nate judges with a philosophy con- all confirmed with fewer than 60 votes, RECORD, March 7, 2000. sistent with the President, strict con- as were Carter nominees Abner Mikva Mr. President, the minority had the struction of the Constitution, rather and L.T. Senter. opportunity to win their argument than the extreme leftwing judicial leg- It is said that justice delayed is jus- long before it reached the Senate. They islation views of their own. The left- tice denied. These filibusters of judicial had a chance to win at the ballot box. leaning groups saw their balance on nominations have slowed the consider- They argued that the American people the court decreasing, and their plan ation of cases in the Federal appeals could send Members of the Senate who was to defeat circuit court nominees. court, especially in the Sixth Circuit, agreed with their legislative agenda Their plan was not to argue for judges where Democrats have blocked four and their view of the role of the judici- in the mainstream or to defeat district qualified nominees. As my colleague ary. The American people did not agree court nominees. Their objective was to from Mississippi has pointed out, these with the minority and sent an in- defeat, by any means, circuit court good people who have devoted their life creased majority of Members to the nominees of President Bush. to law and the judiciary have been sub- Senate who agree with the President Yesterday we saw this outline in the ject to interminable delays, personal on the role of the judiciary, the type of Washington Times. These groups, in

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5474 CONGRESSIONAL RECORD — SENATE May 19, 2005 turn, met with Senate Democrats to ibuster. Judges were confirmed for 214 meeting was canceled because the target certain nominees. Surprisingly, years without there being a filibuster. Democrats objected. the nominees the groups decided to tar- So the minority has turned over the The Energy Committee is trying to get seemed to be neatly in line with determination as to who is and who is write a very important bill dealing those ultimately targeted by Senate out of the mainstream to a number of with energy. We have not had an en- Democrats. So, actually, the minority out-of-the-mainstream groups, and ergy policy in a decade and a half. Gas has been outsourcing their decision as they let these groups lead us down the prices have gone through the roof. We to who is and who is not in the main- path of destroying Senate tradition of are seeing shortages. We are paying at stream to outside liberal groups such 200 years. Not a record, in my view, the pump. We are paying in our home as People for the American Way, which that warrants a hardy pat on the back. heating bills, paying with jobs going a glance at any of their material re- In a thoughtful opinion piece in to- overseas because of the unnatural, arti- veals they are not exactly in the main- day’s Washington Times, majority ficial restrictions on the development stream. leader Bob Dole recalls there were a of sources of energy in the United Here are a couple of excerpts from few nominations made by President States—natural gas, oil, and even re- the Washington Times article yester- Clinton that were clearly objectionable newable fuel—while demand artifi- day: to most Republicans. He said: cially is being increased for natural gas In a November 7, 2001, internal memo to I recall two judicial nominations of Presi- by the requirement that rules require Sen. Richard J. Durbin, who is now the mi- dent Clinton’s particularly troubling to me it be used in electric utilities. And yet nority whip, an aide described a meeting and my fellow Republicans members when I by objecting to committee hearings, that the Illinois Democrats had missed be- was the Republican Leader in the Senate. the Democrats are limiting the Energy tween groups opposed to Mr. Bush’s nomina- Despite our objections, both received an up- Committee to 2 hours a day and a tions and Sen. Edward M. Kennedy, Massa- or-down vote on the Senate floor. In fact, I markup. chusetts Democrat and member of the Judi- voted to end debate on one of these nominees It is not the President who is dis- ciary Committee. while voting against his confirmation. Re- torting rules to forward his nomina- The memo goes on to State: publicans chose not to filibuster because it was considered inappropriate for nominations. It is not the President who has Based on input from these groups, I would tions to the federal bench. abandoned tradition and courtesy in place the appellate nominees in the cat- Senator Dole goes on to say: forwarding his nomination. It is not egories below . . . listing 19 nominees as the President who is attempting to re- ‘‘good,’’ ‘‘bad’’ or ‘‘ugly.’’ By creating a new 60-vote threshold for Four of the 10 nominees who Democrats confirming judicial nominees, today’s Senate write the Constitutional standard for have since filibustered were deemed either Democrats have abandoned more than 200 confirming judges. The other side of ‘‘bad’’ or ‘‘ugly.’’ None of those deemed years of Senate tradition. the aisle thinks if they can muster 41 ‘‘good’’ by the outside groups was filibus- For the first time, judicial nominees with votes, they ought to stop anybody that tered. clear majority support are denied an up-or- their leftwing, liberal interest groups Among those listed as ‘‘ugly,’’ was Texas down vote on the Senate floor through an target for blocking from confirmation. Supreme Court Justice Priscilla Owen, unprecedented use of the filibuster. This is The President is exercising his con- whose nomination will be brought to the not a misrepresentation of history; it’s a stitutional role to appoint members of floor today by Majority Leader Bill Frist, fact. the Federal judiciary, and he is doing Tennessee Republican. I ask unanimous consent that be In a June 4, 2002, memo to Mr. Kennedy, so following his decisive victory last printed in the RECORD after my re- staffers advised him that Justice Owen fall after winning more votes than any would be ‘‘our next big fight.’’ marks. other president in history, promising ‘‘We agree that she is the right choice—she The PRESIDING OFFICER. Without to appoint good, well-qualified, highly has had a bad record on labor, personal in- objection, it is so ordered. qualified, highly respected judges and jury and choice issues, and a broad range of (See exhibit 2) attorneys to the courts of appeal. Who national and local Texas groups are ready to Mr. BOND. We have heard a lot of is and who is not in the mainstream of oppose her,’’ the aides wrote. statements and posturing from the American thought? I ask unanimous consent this be other side about the President trying I believe it is clear that the President printed in the RECORD after my state- to pack the courts and how this is a nu- and the majority in the Senate have a ment. clear option. right to give these well-qualified nomi- The PRESIDING OFFICER. Without Let me tell you what the nuclear op- nees an up-or-down 51-vote majority objection, it is so ordered. tion is. The Democrats say if we go vote on the floor of the Senate. (See exhibit 1) back to the tradition of confirming Mr. President, I thank the Chair and Mr. BOND. As I believe has been stat- judges by a 51-vote up-or-down major- yield the floor. ed many times before, Justice Owen ity in the Senate, they are going to EXHIBIT 1 has won overwhelming support, more blow up the Senate. They are going to [From the Washington Times, May 19, 2005] than three-quarters support of the ma- bring everything to a halt. They are MEMOS REVEAL STRATEGY BEHIND JUDGE jority of Texas and the endorsement of going to destroy this body because we FILIBUSTERS major leading newspapers, the Bar As- insist on what Democrats, prior to 2001, (By Charles Hurt) sociation, but the left-leaning groups agreed with us; that is, judicial nomi- did not like her. nations brought to the floor deserve to The ‘‘nuclear’’ showdown that is expected to begin unfolding in the Senate today has Our colleagues in the minority want be confirmed by a 51-vote up-or-down its origins in closed-door discussions more congratulations for the fact that near- majority. than three years ago between key Senate ly all of the President’s trial court Already, we have seen the Demo- Democrats and outside interest groups as judges have been confirmed. I respect crats’ stall tactics. ‘‘Stall ball’’ is they huddled to plot strategies for blocking greatly the men and women on the being played. For people not in this President Bush’s judicial nominees. Federal district court. In the eyes of body, you may not know that any Sen- In a Nov. 7, 2001, internal memo to Sen. the Senate Democrats, however, clear- ator has a right to object to committee Richard J. Durbin, who is now the minority whip, an aide described a meeting that the ly, all judgeships are not created equal. hearings being conducted 2 hours after Illinois Democrat had missed between groups We see the contrast between the way the Senate goes in session. Even opposed to Mr. Bush’s nominees and Sen. Ed- the Democrats are conducting business though this is regular order, this is ward M. Kennedy, Massachusetts Democrat and the way business has been con- standard procedure, we have had the and member of the Judiciary Committee. ducted by tradition. Nearly one of Democratic side object to holding hear- ‘‘Based on input from the groups, I would three of the President’s nominees to ings. place the appellate nominees in the cat- the appellate court, the circuit court Yesterday, we were scheduled to have egories below,’’ the staffer wrote, listing 19 are being filibustered. Prior to the a very important meeting in our Intel- nominees as ‘‘good,’’ ‘‘bad’’ or ‘‘ugly.’’ Four of the 10 nominees who Democrats Democrats embarking on this path, ligence Committee to go over current have since filibustered were deemed either 2,372 nominees were confirmed without threats, the intelligence of the dangers ‘‘bad’’ or ‘‘ugly.’’ None of those deemed a filibuster; 377 of President Clinton’s that our troops in the field face and the ‘‘good’’ by the outside groups was filibus- nominees were confirmed without a fil- dangers we in the homeland face. That tered.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5475 Among those listed as ‘‘ugly’’ was Texas These commentators cite the 1968 nomina- even complained further debate is a ‘‘waste Supreme Court Justice Priscilla Owen, tion of Abe Fortas to be chief justice of the of time.’’ whose nomination will be brought to the United States as an example of how Repub- (4) Fortas’ support and opposition were bi- floor today by Majority Leader Bill Frist, licans once attempted to block a judicial partisan, with Republicans and Democrats Tennessee Republican. nomination on the Senate floor. I welcome on both sides of the question. Today, the The internal Democratic memos, the opportunity to respond to this claim, be- controversy is purely partisan—with only downloaded from Democratic computer serv- cause the more Americans learn about the Democratic senators, led by their leader ers in the Judiciary Committee by Repub- history of judicial nominations, the more HARRY REID, opposing an up-or-down vote. lican staffers, offer a unique look into the they will realize how terribly off-track our I recall two judicial nominations of Presi- early stages of the filibuster campaign, when confirmation process has become. dent Clinton’s particularly troubling to me Democrats were clearly doubtful that they In 1968, President Lyndon Johnson sought and my fellow Republican members when I could succeed in blocking any of the nomi- to elevate his longtime personal lawyer, was the Republican Leader in the Senate. nees. then-Associate Supreme Court Justice Abe Despite our objections, both received an up- In the 14 memos obtained in November 2003 Fortas, to be chief justice. I would not be or-down vote on the Senate floor. In fact, I by the Wall Street Journal and The Wash- elected a senator for a few more months, but voted to end debate on one of these nominees ington Times, Democratic staffers outlined followed the news surrounding this nomina- while voting against his confirmation. Re- the concerns held by outside groups about tion closely. publicans chose not to filibuster because it Justice Owen’s ‘‘hostile’’ position toward There were problems with the Fortas nom- was considered inappropriate for nomina- abortion and her ‘‘pro-business’’ attitude. ination from the beginning. Not only did he tions to the federal bench. In a June 4, 2002, memo to Mr. Kennedy, represent the most aggressive judicial activ- By creating a new 60-vote threshold for staffers advised him that Justice Owen ism of the Warren court, but it soon became confirming judicial nominees, today’s Senate would be ‘‘our next big fight.’’ apparent Justice Fortas had demonstrated Democrats have abandoned more than 200 ‘‘We agree that she is the right choice—she lax ethical standards while serving as an as- years of Senate tradition. For the first time, judicial nominees with has a bad record on labor, personal injury sociate justice. clear majority support are denied an up-or- and choice issues, and a broad range of na- For example, it emerged Fortas had taken down vote on the Senate floor through an tional and local Texas groups are ready to more than $15,000 in outside income from unprecedented use of the filibuster. This is oppose her,’’ the aides wrote. sources with interests before the federal not a misrepresentation of history; it’s a Another nominee discussed often in the courts. This was more than 40 percent of his fact. memos is Miguel Estrada, a Washington law- salary at the time, or about $80,000 in today’s yer who became the first filibustered nomi- dollars. The PRESIDING OFFICER. The Sen- nee and who withdrew his nomination to the More fundamentally, Fortas never took off ator from Alabama. U.S. Court of Appeals for the D.C. Circuit his political hat when he became a judge. Mr. SESSIONS. Mr. President, will after waiting two years for a final vote. While serving as a Supreme Court justice, the Senator yield for a question? In the 2001 memo to Mr. Durbin, the staffer Fortas continued serving as an informal po- He quoted that wonderful and very explained the concerns that the outside litical adviser to the president and even in- important editorial by former majority groups had about Mr. Estrada. volved himself in Vietnam War policy. It ‘‘They also identified Miguel Estrada (D.C. leader, Bob Dole, saying without any later emerged Fortas had discussed pending doubt this is an unprecedented act to Circuit) as especially dangerous because he cases with the president, an obvious viola- had a minimal paper trail, he is Latino, and tion of professional ethics. filibuster. I notice that Senator HATCH, the White House seems to be grooming him In fact, less than a year after his nomina- one of our most distinguished Mem- for a Supreme Court appointment,’’ the aide tion as chief justice was withdrawn by Presi- bers, the former chairman of the Judi- wrote. dent Johnson, Justice Fortas was forced to ciary Committee, has just joined us on The memos also reveal the close relation- resign from the Supreme Court due to eth- the floor. ship between Democrats and the outside ical breaches. I will ask the Senator from Missouri groups. The claim Fortas was not confirmed due to if he remembers, several years ago, In a June 21, 2002, memo to Democrats Mr. a ‘‘filibuster’’ is off-base. A filibuster, com- Kennedy, Mr. Durbin, Sen. Charles E. Schu- after Senator Dole had left the Senate, monly understood, occurs when a minority that a discussion was had in the Repub- mer of New York and Sen. Maria Cantwell of of senators prevents a majority from voting Washington, a staffer urged delaying a hear- up-or-down on a matter by use or threat of lican Conference about the possibility ing for Mr. Estrada to ‘‘give the groups time permanent debate. of filibustering judges, and that Chair- to complete their research and the com- That simply did not happen with Fortas, man HATCH explained to us that it was mittee time to collect additional informa- where the Senate debated the nomination’s totally against the traditions of the tion.’’ merits quite vigorously. Senators exposed Senate, and we did not maintain a fili- One nominee who wasn’t filibustered was the ethical issues involved and the wide- buster against Clinton judges. I wonder Judge Timothy Tymkovich, who now sits on spread belief the vacancy had been manufac- if he remembers that. the U.S. Court of Appeals for the 10th Cir- tured for political purposes. They sought to cuit. But Democrats opposed moving him Mr. BOND. Mr. President, I seem to use debate to persuade other senators the recall that. I thought it was a very until all the groups had given their approval. nomination should be defeated. ‘‘[I]t appears that the groups are willing to After less than a week, the Senate leader- statesmanlike and accurate portrayal let Tymkovich go through (the core of the ship tried to shut down debate. At that time, of the traditions of this body and the coalition made that decision last night, but two-thirds of the senators voting were need- requirements of the Constitution, and I they are checking with the gay rights ed to do so, yet only 45 senators supported once again commend our colleague groups),’’ staffers wrote Mr. Kennedy in a the motion. Of the 43 senators who still from Utah, who at that time was in a June 12, 2002, memo. wished to debate the nomination, 23 were Re- position where he obviously could have But even as late as early 2003, Democrats publicans and 19 were Democrats. appeared concerned that they would not suc- mustered 41 votes to block the nomi- President Johnson saw the writing on the nee. It was the view of those of us who ceed in mounting a full-scale filibuster wall—that Fortas did not have 51 senators in against their first target. support of his nomination—so he withdrew agreed with the Senator from Utah In a January 2003 meeting between Demo- the nomination before debate could be com- that we should not do that because the crats on the Judiciary Committee and Demo- pleted. people of America elected a President cratic leaders in the Senate, Democrats The events of 37 years ago contrast mark- who has—we know and he knows—the agreed to attempt a filibuster against Mr. edly with those the Senate Faces today: power to nominate judges. And it is Estrada. (1) Fortas lacked majority support when ‘‘All in attendance agreed to attempt to necessary to maintain a well-staffed President Johnson withdrew his nomination. judiciary that we give prompt and up- filibuster the nomination of Miguel Estrada, Today, Senate Democrats block up-or-down if they have the votes to defeat cloture,’’ the votes on judicial nominees who are sup- or-down votes to these nominees. judiciary aides wrote. ‘‘They also agreed ported by a majority of senators. Mr. SESSIONS. I thank the Senator that, if they do not have the votes to defeat (2) Justice Fortas was politically associ- from Missouri. I will say, I did not hear cloture, a contested loss would be worse than ated with President Johnson and eventually all of his remarks, but I heard a good no contest.’’ resigned from the Supreme Court under an portion of them, and if anyone would ethical cloud. No such charges have been EXHIBIT 2 like an accurate summary of the status made against President Bush’s nominees. of our situation, I suggest they read his A UNIQUE CASE OF OBSTRUCTION (3) The Senate debated the Fortas nomina- remarks. So far as I can tell, every- In the current debate over judicial nomination only for several days before Johnson tions, some commentators claim Repub- withdrew the nomination, versus the four thing he said is accurate. So far as I licans such as myself are misrepresenting years some of President Bush’s nominees can tell, much of what we have heard history by suggesting the current filibuster have been pending. It’s clear the Democrats from the other side is inaccurate, dis- tactics of the Democrats are unprecedented. today have no desire to persuade, and have torting of the traditions of the Senate,

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5476 CONGRESSIONAL RECORD — SENATE May 19, 2005 and not a fair summary of the situa- President Clinton was appointing two According to the United States Constitu- tion we are in. I feel very strongly ultra-liberal activists to the court. tion, the President nominates, and the Sen- about it. But what happened to those two ate shall provide advice and consent. It is There is a huge issue at stake. And judges? We have heard the democrats not the role of the Senate to obstruct the the issue is how the Federal courts will complain about on occasion: Judges process and prevent numbers of highly qualified nominees from even being given the op- be staffed and operate. What do we Paez and Berzon. The Republican ma- portunity for a vote on the Senate floor. want and what do we expect from Fed- jority leader of the Senate, TRENT Now, she has been inconsistent, I eral judges? How do we expect them to LOTT, called those nominees up and would say. But Chairman HATCH has behave? President Bush says he be- asked for an up-or-down vote by clo- been consistent. When he opposed Clin- lieves judges should be faithful to the ture motion. Those of us who opposed ton nominees, he gave them an up-or- law and the Constitution, that they are them—I certainly was one of them— down vote, and so did TRENT LOTT. As not empowered to use activist tactics voted for cloture, voted to give them soon as the situation flops, some of the to reinterpret and manipulate the an up-or-down vote, even though we in- Democratic Senators flopped. Senator meaning of the words in the Constitu- tensely opposed them. They were given SCHUMER was one of the most out- tion or a statute to further a personal an up-or-down vote, and they were con- spoken complainers during the Clinton agenda they might favor. But they are firmed. President Clinton’s nominees, administration. He said: judges. They are referees, umpires to when the majority was in the hands of I also plead with my colleagues to move settle disputes by interpreting the law the Republicans, were moved, after full judges with alacrity—vote them up or down. fairly and objectively. If we get away debate and an opportunity to make I agree with that, Senator SCHU- from that, our judiciary is in great their case. They brought them up, and MER.— danger. they were given that up-or-down vote. I believe Senator BOND is correct, That is the principle under which the But this delay makes a mockery of the also, in saying this memo that was just Constitution, makes a mockery of the fact Senate has operated. that we are here working, and makes a produced, and other actions I have seen Some say, well, we might want to fil- mockery of the lives of the very sincere peo- over the years I have been in the Sen- ibuster in the future. Well, we have not ple who have put themselves forward to be ate, indicate to me that too often our filibustered in the past, not for 200 judges and then they hang out here in limbo. colleagues have outsourced their valu- years. Senator LEAHY, now leading the fili- ation, outsourced their decision mak- Now, how did this situation that we buster, was on the floor talking about ing process on judges to very hard-left are facing happen? There is no mystery that. Back when the Clinton adminis- groups who are not honest, who delib- if you look at the history of it. Senator tration was submitting judges, he said: erately distort the record of fine nomi- BOND made a number of the points. But I have had judicial nominations by both nees, who attempt to manipulate the not long after President Bush was Democrat and Republican Presidents that I press nationwide, who raise money elected, in 2000, the Democrats went to intended to oppose. But I fought like mad to with an effort to destroy people’s rep- a retreat. According to a New York make sure they at least got a chance to be utations in a way that is not legiti- Times article that reported on it, three on the floor for a vote. I have stated over and mate and unfair. I believe that strong- very liberal, capable law professors— over again on this floor that I would refuse ly. I have seen it time and time again. Laurence Tribe, Marcia Greenberger, to put an anonymous hold on a judge; that I It is time to bring that to a conclu- Cass Sunstein—met with them in re- would object and fight against any filibuster sion. One of our great traditions in the on a judge, whether it is somebody I opposed treat. And they returned from that re- or supported; that I felt the Senate should do Senate is to give a nominee an up-or- treat with the conclusion that they its duty. If we don’t like somebody the Presi- down vote. Senator HATCH, who is on were going to change the ground rules dent nominates, vote him or her up or down. the Senate floor, was my chairman of of confirmations. But don’t hold them in this anonymous un- the Judiciary Committee for a number That is what we have seen time and conscionable limbo. . . . of years. Senator HATCH warned us again in a whole lot of ways. The Well, I see Chairman HATCH is here. I when I came to the Senate. There were ground rules were changed. For exam- know the time is a bit drawn. Chair- a lot of people who felt strongly about ple, not long after that, one Republican man HATCH and the Republican leader- some activist nominees of the Clinton Member switched parties and we ceased ship have been consistent on this issue, administration. We were very con- to be the majority party, and so the even when it was not to their political cerned with them. Judiciary Committee had a majority of benefit to do so. We have opposed the I see my colleague, the Senator from Democrats on it. The first nine nomi- idea of filibusters and have not sup- Oklahoma, who was in the House. The nees who had been submitted—several ported it. The Democrats oppose them House Members were unhappy with us. of these nominees were in that group, when it is convenient and support them They thought we ought to filibuster including Priscilla Owen and others— when it is convenient. I think their po- some of these nominees. And we con- were nominated in 2001. They would sition is untenable as a matter of prin- sidered it. People discussed it. Senator not bring them up in committee. Then ciple and as a matter of public policy, HATCH made a very strong, clear pres- after they moved two nominees—one and our country will not be better off entation in the Republican Conference. was a minority and the other was a for filibustering judges. He said no, that it was against our tra- Democrat. They moved those two, but I yield the floor. ditions. It would be bad public policy. these other fine nominees never moved The PRESIDING OFFICER (Mr. MAR- It would alter the balance of power in out of committee. They were changing TINEZ). The Senator from Utah is rec- the separation of powers by creating the ground rules then. ognized. now a super majority needed for the Then after the Republicans regained Mr. HATCH. Mr. President, I thank confirmation of judges. He said we the majority, they commenced an un- my colleague for his kind remarks, and should not do it. And the Republicans precedented attempt to filibuster in other colleagues as well. I ask unani- were in the majority. We had a major- committee—something we had never mous consent that I be given the origi- ity in the Senate, at one time 55 Mem- seen before. We had to have a fight nal half-hour time and that the Demo- bers. over that in committee, under Chair- crats be extended an equal amount of So the question was, What about man HATCH’s leadership, and we re- time. some of these nominees that were ob- versed that. They were going to fili- The PRESIDING OFFICER. Is there jected to? I objected to two from the buster nominees in committee. It is so objection? Ninth Circuit very strongly. The Ninth contrary to what they were saying a Without objection, it is so ordered. Circuit was the most activist circuit in few years ago on the floor of the Sen- Mr. HATCH. Mr. President, I appre- America. It had been reversed by the ate. ciate my colleague from Alabama. He U.S. Supreme Court in 27 out of 28 On Tuesday of this week, Senator knows about as much as anybody who cases. It was out of step. The New York BOXER railed against Janice Rogers has ever sat on this side of the aisle. He Times said in an article that a major- Brown, but this is what she said about has the sting of having been rejected ity of the Supreme Court considered judicial nominees when President Clin- by the Judiciary Committee Democrats the Ninth Circuit a rogue circuit. Yet ton was in office: when he was nominated for a Federal

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5477 judgeship years ago. I think that is country coming here to sit up in the who claimed that when the Senate pretty ironic. They knew he was good galleries and observe their Senate at voted to end debate on past judicial and that he could do the job. Now he is work. Some of them with us today nominations, we were actually filibus- a sitting Senator who can no longer be might actually be asking, Why is the tering those nominations; that when ignored, and he has stood up and tri- Senator from Utah making such a big we voted down debate and confirmed umphed for so many good people deal about something that is so obvi- them, we were actually filibustering— through the years. I think it was kind ous—votes up or down, that is. Many of poppycock. They want Americans to of a God-given thing that he was re- our fellow citizens may be surprised to believe that ending debate then justi- jected back then, so he could sit in the learn that some of the Senators they fies refusing to end debate now. Poppy- Senate and tell people the important elected and sent to Congress are refus- cock. Or they claim that when the Sen- aspects of the Federal judiciary we ing to vote on nominations. They ate voted to confirm judicial nomina- have been discussing. I personally love might share the sentiment of former tions in the past, we were actually fili- and appreciate him. He has been a Democratic leader Senator Tom bustering those nominations when we great member of the Judiciary Com- Daschle when he said in 1999—of voted to confirm them. That is how far mittee and I have a lot of respect for course, Clinton was President: they have gone to try and justify these him. I find it simply baffling that a Senator inappropriate actions. I have also been told that at the be- would vote against even voting on a judicial They want Americans to believe that ginning of the session today, one of the nomination. confirming nominations then, as we leaders offered to discharge a number That is what they are doing. I guess did, justifies refusing to confirm them of judges from the committee, or it makes a difference whether your now. Those bizarre claims focus on what happens here on the Senate floor judgeship nominees. I find that pretty President is President or whether the at the end of the judicial confirmation ironic because at the end of the 108th opposition President is President. I process. Sometimes judicial filibuster Congress, when I attempted to dis- happen to think there are certain vir- defenders on the other side have fo- charge three nominees to the floor— tues that ought to be maintained, no Tom Griffith, our former counsel, nom- cused instead on what happens in the matter what. Judiciary Committee, an earlier phase inated for the DC circuit; J. Michael Those Senators on the other side are in the process. Some appear willing to Seabright, who was from Hawaii and blocking votes because they know they try anything to create a precedent for was sponsored very strongly by the two will lose those votes. If we debate these their filibusters. Some even claim that Hawaiian Senators; and Paul Crotty, nominees, America would better under- from New York, who was sponsored any nomination which is not audibly stand why we need judges who will in- confirmed, no matter what the reason, strongly by the two New York Sen- terpret, not make, the law. Americans ators—the Democrats opposed that and no matter what the step in the process, will see how these highly qualified ju- has been filibustered. Giving a word said this was extremely unprecedented, dicial nominees meet that standard, and they prevented me from doing so any meaning you want may help make and America will see that these nomi- any argument you want to make, but it because they claimed ‘‘proper order’’ nees, every one of them, have a bipar- for all nominees. does not make that argument legiti- tisan majority support. mate. This gimmick may have some Forgive me, Mr. President, if I find What is wrong with giving them a public relations punch. It leads to cli- the recent Democratic request to dis- vote up or down? The political forces ches such as ‘‘pocket filibuster’’ or charge people they want to discharge— promoting an activist political judici- ‘‘one-man filibuster,’’ and creates vil- three Sixth Circuit nominees—more ary oppose many of these nominees, lains, such as me. What kind of cam- than a little disingenuous. It is only and their strategy is simple. The Sen- paign would this be without a bogey- done to try to make it look as though ate cannot confirm nominees if Sen- man? After all, I was chairman of the they are trying to cooperate when in ators cannot vote on them. We cannot Judiciary Committee for 6 years under fact they knew that could not be per- vote if we cannot end debate. These mitted. The leadership in the Senate President Clinton. filibusters use Senate rules to prevent Never mind that the Republican Sen- will decide what judges come to the ending debate, prevent taking a vote, floor and we want all of them, includ- ate confirmed 377 judges for President and prevent confirmation of these ing the three from Michigan. Clinton, just 5 short of the all-time judges. That is not only baffling, it is Last week when the Judiciary Com- confirmation record set by President mittee considered the asbestos bill, one unprecedented. This is not a tangent, Reagan. Bill Clinton was the second of our Democratic colleagues referred an academic issue, or a question that confirmation champion of judges in the to proposed amendments to that bill will 1 day be found in the game ‘‘Triv- history of this country, and he had 6 and said something very important: ial Pursuit Senate Edition.’’ This issue years when I was chairman. I wonder Let’s debate them up or down. He said is central to this debate, and our how that happened if I was so partisan. it the way the American people believe Democratic colleagues know it. Never mind that President Reagan Some are so desperate to claim even it, and that is debating and voting is had his own party controlling the Sen- what legislators do. Let’s debate them one single solitary precedent for what ate for 6 years while President Clinton and then vote them up or down. they are doing that they stretch, twist, had the other party, the Republicans, The Senator offering that idea was and morph the word ‘‘filibuster’’ be- controlling the Senate for 6 of his my colleague from Vermont, Senator yond all recognition. They want the years. So Reagan had his own party LEAHY. He was speaking then about word ‘‘filibuster’’ to mean so many help him for 6 years. President Clinton legislation, but he and other Demo- things that it ultimately means vir- only had his own party for 2 years, and crats once insisted the Senate should tually nothing at all. yet he still came in just five votes shy follow the same principle as we evalu- Unfortunately, these mischaracter- of President Reagan. And if my recol- ate the President’s judicial nomina- izations of Senate history, tradition, lection serves me correctly, he would tions. and rules cynically exploit the fact have been three ahead of him had it In October 1997, for example, he said that many of our fellow citizens have not been for Democratic holds on their on the Senate floor: not mastered the particulars of Senate side. One Senator was not getting his; I hope we might reach a point where we as history, the peculiarities of Senate pro- therefore, he would not let anybody a Senate will accept our responsibility and cedure, or the idiosyncrasies of the else get theirs. It happened. Never vote people up, vote them down. Bring the confirmation process. Misleading, con- mind facts such as that. names here. If we want to vote against them, fusing, patently false claims can easily The assistant minority leader yester- vote against them. take on a life of their own, echoed and day claimed every Clinton nomination Of course, at that time, a Democratic repeated throughout the media, cyber- that was not audibly confirmed was President was in power. That may have space, and even here on the Senate filibustered and that I personally bur- been the difference between then and floor. ied them. My hand alone held back a now. We all know it can take a long time confirmation wave of apparently It is always refreshing to see our fel- for what is true to catch up with what mythic proportions. Look for a mo- low citizens from all over this great is false. Judicial filibuster defenders ment what it takes to believe every

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5478 CONGRESSIONAL RECORD — SENATE May 19, 2005 unconfirmed nominee is a filibustered in the 6 years I was chairman of the mean changing the Senate rules by nominee. It requires believing dozens committee during the Clinton years, fiat. That is a variation on the Demo- of nominees President Clinton himself and they know it. They do not have cratic mantra that this would break withdrew were filibustered. Prepos- any other arguments. the rules to change the rules. That is a terous. President Clinton, for example, So what do they want to do? They catchy little phrase but neither of its withdrew one of his court nominees want to vilify the chairman of the Ju- catchy little parts is true. fewer than 6 months after her nomina- diciary Committee who has had to put The Senate operates not only by its tion because of health concerns. Her up with all kinds of machinations in written rules but also by parliamen- nomination did not get out of the Judi- the Judiciary Committee from both tary precedence established when the ciary Committee, did not receive a sides, whoever the chairman is. Demo- Presiding Officer rules on questions of floor vote, and was not confirmed. But crats know there are procedures in the procedure asked by the Senators. What was she filibustered? They seem to Judiciary Committee and on the floor we call the constitutional option would think so. for forcing a committee chairman to seek such a ruling from the Presiding Is her situation the same as Justice act if Senators believe the chairman is Officer. After sufficient debate, the Priscilla Owen who has been waiting dragging his feet and that those proce- Senate should vote on a judicial nomi- for more than 4 years and cannot get a dures were never used, never even at- nation. That is what the ruling would floor vote because of a Democratic fili- tempted, while I was chairman. Why? be. Senate precedents and procedures buster, a leader-led partisan filibuster, Because they knew darn well I was try- would change, but Senate rules would the first time in history? ing to do the best I could. remain unchanged. No breaking of the This line that all unconfirmed nomi- They do not have any other argu- rules, no changing of the rules. nees are filibustered nominees requires ments. They cannot justify their posi- Senators use the word ‘‘fiat’’ because you to believe ill-founded arguments tion. Democrats know these things. it sounds bad and fits with the abuse of such as that. It also requires believing They also know that many of our fel- power theme probably born in some lib- that the 28 nominations sent too late low citizens do not. So the spin ma- eral focus group somewhere. The word to be considered or which President chine cooks up this tail that all attempts to give people a bad impres- Clinton chose not to resubmit were fili- unconfirmed nominees are filibustered sion, but it should give them an even bustered. nominees, attempting to make people worse impression to know that it is That is how they add, they double believe there is some precedent, even a patently false. count. It is ridiculous. Preposterous is totally fictional precedent, for their The Constitution gives authority the word. current filibusters. Saying that ending over Senate rules and procedures to the Senate, not to the Parliamentarian or It requires believing that nomina- a debate is the same as not ending a de- to the Presiding Officer but to the Sen- tions not given hearings because of op- bate did not work. Saying that con- ate. If the Presiding Officer rules on position by their home State Senators firming nominations is the same as not the question of procedure, it will not were filibustered. We have had that go confirming nominations did not work. actually change Senate procedures on for years, whoever has been in Saying that President Clinton’s near until a majority of the Senators vote power. Home State Senators have a lot record confirmation total is evidence to do so. of swat. The Judiciary Committee sys- of unfair treatment by Republicans tem that gives extra weight to the Just as American self-government is will not work either. radically different from monarchy, views of Senators from a nominee’s On Tuesday the distinguished Sen- home State has been in place in var- Senate self-government is radically dif- ator from Wisconsin, Mr. FEINGOLD, ferent from fiat. ious forms for nearly a century. Demo- was making a few other arguments. He The Senator from Wisconsin said crats, as well as Republicans, use it. I pointed out that the text of the Con- that whenever the Senate merely takes do not hear the Democrats who now stitution does not require an up-or- a cloture vote or a vote to end debate, want to call these situations filibusters down confirmation vote for a judicial a filibuster is always underway. That, also calling to abolish that system of nomination. too, is patently false. home State senatorial courtesy. They Well, many of our colleagues on the Let me refer to this chart. This is cannot have it both ways. other side of the aisle attack judicial what the Congressional Research Serv- The majority leader, Senator FRIST, nominees when they take the Constitu- ice said on April 22, 2005: recently offered a proposal that would tion’s text this seriously. But I am glad It is erroneous to assume that cases in not only address our concerns about that the Senator from Wisconsin is which cloture is sought are always the same the floor by ensuring up-or-down votes, doing so. as those in which a filibuster occurs. but also address Democrats’ concerns The word ‘‘filibuster’’ is not found in Let me repeat that. about the committee by guaranteeing the Constitution, either. Nor are It is erroneous to assume that cases in reporting of nominees. The majority phrases such as ‘‘unlimited debate,’’ which cloture is sought are always the same leader tried to do that. Democrats re- ‘‘minority rights,’’ or even ‘‘checks and as those in which a filibuster occurs. jected that offer. They are not going to balances,’’ as misused as those terms Let me use two examples. Among give up their rights in committee any- have been by the other side. President Clinton’s most controversial more than Republicans should give up None of the phrases used by some to nominees were Marsha Berzon and their rights in committee. try to give these judicial filibusters a Richard Paez nominated to the U.S. But that is not filibustering, I can constitutional anchor are in the char- Court of Appeals for the Ninth Circuit. guarantee that. Either they think tered text, the constitutional text. Our colleague from New York, Senator treatment of judicial nominees in the What the Constitution does say, how- SCHUMER, who has spoken many times Judiciary Committee is a problem ever, is that the President has the on the floor on this issue, in November needing a remedy or they do not. They power to nominate and appoint 2003 called these nominees ‘‘very lib- cannot have it both ways. Democrats judges—not the Senate, the President eral,’’ and, ‘‘quite far to the left.’’ Now, know that many factors determining has that power. Our role of advice and that is quite something coming from a whether a nomination is approved by consent is a check on the President’s Senator who has never been called even the Judiciary Committee are not sim- power to appoint. a little bit to the right. ply up to the chairman’s unilateral dis- When the filibuster turns our check On November 10, 1999, the majority cretion. What galls me is some who on the President’s power into a weapon leader at the time, Senator LOTT, have made the argument. One in par- that hijacks the President’s power, promised that he would bring these ticular this morning begged me to get then, yes, it has indeed violated the de- controversial nominations up for a con- his judges through, and I have to say sign that is most certainly in the text firmation vote no later than March 15, there were real questions about his of the Constitution, and that is what 2000, and that was at my request. He judges, but I put them through because they are doing. correctly said that I agreed with using they were nominated by the President. The Senator from Wisconsin also said the cloture vote to ensure that a con- He came to me and asked that I get it the procedure the majority leader may firmation vote occurred. In other done. I did it for countless Democrats use to prohibit judicial filibusters will words, it was used to get to a vote.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5479 On March 8, 2000, that is exactly what would be an outrageous trashing of mi- Or the critics will characterize what we did. It was of a procedural floor nority rights. Yet he voted every time a judge said rather than tell us what management device. The first two to support Majority leader BYRD’S use she actually said. names on the petition for the cloture of that mechanism, including to elimi- Or if they do quote the judge, critics vote happened to be Senator LOTT and nate nomination related filibusters. will often pluck out only a phrase, or myself. We took that cloture vote to Yesterday, the Senator from Illinois, use lots of ellipses. prevent a filibuster and to ensure an Senator DURBIN, claimed that Senate These are signs that spin may be in up-or-down vote. We prevented a fili- rules, in his words, from the very be- the air. buster. That vote occurred, and the ginning, required an extraordinary ma- Or the critics will quote other critics. Senate confirmed both nominees. They jority to end debate. Imagine if the only thing someone are today sitting Federal judges. Oth- Now that is factual claim, and it is knew about you came from what your erwise we would have kept going on factually false. critics or enemies said about you. That and on on the Senate floor. We decided The Senate adopted its first rules in picture would be distorted, incomplete, that is the way to get to a vote, and we 1789. Rule eight allowed a simple ma- and just plain false. did. jority to proceed to a vote. The men So our fellow citizens should not be The Senator from Vermont, Mr. who founded this republic designed this worried that they do not know the lan- LEAHY, said on Tuesday that the con- Senate without the minority’s ability guage of lawyers, that they have not stitutional option which would use a to filibuster anything. read a judicial nominee’s writings or parliamentary ruling to prohibit judi- Over the last few days, many excuses rulings, or are not well-versed in the cial filibusters would ‘‘use majority have been offered why some refuse to fine points of legal argument. power to override the rights of the mi- debate and vote on judicial nomina- I hope they will listen critically to nority.’’ I have called this parliamen- tions that reach the Senate floor. the debate here in the Senate about tary approach the Byrd option because Let me correct that. While these may these nominees, their qualifications, when Senator BYRD was the majority be their reasons, there are no valid ex- and their records. leader in the late 1970s and early 1980s, cuses. I hope our fellow citizens will be very Senator BYRD used it to change Senate When procedural obstructive devices skeptical of critics who make a polit- procedures. He did so regarding legisla- such as the filibuster are kept where ical case against a judicial nominee, tion and also regarding nomination-re- they belong, in the legislative process, skeptical if the case against a nominee lated filibusters. the debate can properly focus on the is limited to soundbites about results In 1980, for example, then-Majority merits of these nominees. That is what or characterizations by third parties. Leader BYRD wanted to prohibit fili- debating and voting should ultimately Let me conclude my remarks by not- busters with a motion to proceed to be about, the President’s nominees. ing that in September 2000, the Senator nominations, and they could do that The debate we have seen here on the from Michigan, Senator LEVIN, said back then, just as a confirmation vote Senate floor regarding nominees such that the Constitution each of us has cannot happen if debate does not end. as Justices Priscilla Owen and Janice sworn to protect and defend requires Debate cannot start if the Senate can- Rogers Brown is typical of what we that we debate and vote on judicial not vote to proceed to that debate. Today we hear that any limitation will see in the future regarding other nominations reaching the floor. on debate, any restriction of the fili- nominees. I agreed with that principle then, and buster, strikes at the very heart of the Many of our fellow citizen may know I agree with it today. essence of this institution. Maybe it little of the Senate’s Byzantine proce- For more than two centuries, we was a different story back then when dures, they may know little about judi- kept the filibuster out of the judicial they were in control. When the Pre- cial rulings, they may not speak confirmation process. siding Officer ruled against what Ma- legalese, but I hope they will not be It is surely not a good sign about our jority Leader BYRD was trying to do, he afraid to participate in this process. political culture that we must today then appealed that ruling and the Sen- Let me offer a few pointers, a few formalize by parliamentary ruling a ate voted to overturn it, effectively tips, for the road ahead. standard we once observed by principle terminating those nomination-related Politics is often about results, about and self-restraint. filibusters. He knew how the vote was winners and losers, and involves politi- But that self-restraint has broken going to turn out in the end. cians asserting their will. Law is about down, and maintaining our tradition of I remind my colleagues what my the process of reaching results, about up or down votes for judicial nomina- good Democratic friend from West Vir- what the law requires, and involves tions is worth defending. Once we take ginia said when he used the procedure judges using judgment. unprecedented obstruction tactics like to change the filibuster rule, on Janu- Politics and law are two very dif- the filibuster off the table, we can ary 4, 1995, during the Clinton adminis- ferent things, and our liberty depends focus where we should, on the merits tration. He said: on preserving that difference. So if you and qualifications of nominees. I have seen filibusters. I have helped to hear critics of judicial nominees talk- We must have a standard that binds break them. There are few Senators in this ing only in the language of politics, both political parties. That standard body who were here [in 1977] when I broke you know something is wrong. must be fair, it must respect the sepa- the filibuster on the natural gas bill. . . . I In the last day or two, for example, ration of powers, and it must be con- asked Mr. Mondale, the vice president, to go critics of the nominees before us have sistent with our own Senate tradition. please sit in the chair; I wanted to make reduced them to sound bites, check- Between 1789 and 2003, we had a some points of order and create some new lists, and litmus tests. precedents that would break these filibus- strong consistent tradition of voting ters. Senators begin sentences with on judicial nominations once they phrases such as she ruled that . . . or Then he said this: reach the Senate floor. she ruled for. . . . We should return to that principle And the filibuster was broken—back, neck, legs, and arms. . . . So I know something Mentioning only those results, with- and practice. about filibusters. I helped to set a great out exploring how a judge reached Unfortunately, in 2003, the Demo- many of the precedents that are on the those results, amounts to applying po- cratic leadership broke with this long- books here. litical criteria to a judicial nominee, standing Senate tradition and took an Well, the Senator was candid. I per- and that is fundamentally wrong. ill-founded turn down a partisan polit- sonally admire him for it. On at least Sometimes the law requires results we ical path and unwisely changed the three other occasions, Majority Leader may not like, results that may even confirmation process in an unprece- BYRD used a ruling by the Presiding Of- sound dramatic. dented fashion. ficer to change Senate procedures with- Mentioning the political results We must turn back from that path. out changing the underlying Senate without the judicial process leading to Once a judicial nomination reaches us rules. those results misleads people about here, our course should be clear. Let us The Senator from Vermont says that what judges do and how to choose the debate and then let us vote. using this very same mechanism today rights ones. I yield the floor.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5480 CONGRESSIONAL RECORD — SENATE May 19, 2005 The PRESIDING OFFICER (Mr. going back to the original intent of our is a different political climate. There is ALEXANDER). The Senator from Massa- Founding Fathers. That does not hap- a radical right out there that is loose chusetts. pen to be factually true. in the country. They feel they won the Mr. KENNEDY. Mr. President, I un- I reviewed yesterday those who have Presidency, the House of Representa- derstand that under the previous agree- held the seat I hold in the Senate. tives, the Senate of the United States ment, I have 15 minutes. Is that cor- Going back to John Quincy Adams, and, by God, they are going to take rect? Mr. President, I will yield myself going back to Charles Sumner, going over the independent judiciary. 15 minutes. I ask consent to be able to back to Daniel Webster—to President That is what this is all about. Mean- proceed for 15 minutes. Kennedy—the series of Supreme Court time, while the so-called nuclear op- The PRESIDING OFFICER. Without nominees they considered, and those tion has been hanging out over the objection, it is so ordered. they voted for and those they voted Senate, what in the world have we been Mr. KENNEDY. I ask the Chair if he against: there never was a single time doing for the last 5 months? January, will be good enough to let me know when any Senator from Massachusetts February, March, April, and now the when there is 3 minutes left. was effectively muzzled, silenced, third week in May? The PRESIDING OFFICER. The gagged when they were expressing When I go back to Massachusetts, the Chair will so notify the Senator. their conscience, their view about the people there are talking still about job Mr. KENNEDY. I thank the Chair. security and its uncertainty. They are Mr. President, I will take a few mo- members going to the Supreme Court or the circuit courts, not in the history talking about whether they are going ments of the time of the Senate, and to continue to be able to have health for those who are watching this debate, of this body, never. But under the proposal of the major- insurance. They are talking about es- to try to put this whole issue of what ity leader, that will no longer be the calating prices of prescription drugs. I consider to be an arrogant grab for They are talking about the increased power in some perspective. I urge my case. That no longer will be the case. It is not only the silencing, the muzzling costs of tuition, whether their children colleagues, perhaps over the course of are going to be able to go to college. the weekend, take 2 or 3 hours and and gagging of any of the Members in here; it is breaking the rules in the They are talking about what is hap- reread the debates on the Constitu- pening in the schools and the school tional Convention, about how our middle of the game. We have parliamentary rules, like dropout problems and the fact so many Founding Fathers wanted the selection any other legislative body, and we have classes in our Nation don’t have well- of judges for the courts of this country ways of changing and altering those trained teachers. They are talking to be done. about the needs for special education There were three different occasions rules. They are all laid out. I will mention them briefly. There is a way to teachers. They are talking about sup- during the Constitutional Convention plementary services for children going when our Founding Fathers considered change the rules if we do not like them and we can follow them and conform to high schools that were guaranteed who should appoint the judges who in the No Child Left Behind Act and were going to serve on the courts of them to our views. By the Senate rules we can alter and change them. Is that too many of our school districts are this country. The first two times the not doing; that is what they are talk- Founding Fathers debated this and dis- what is going to be before the Senate in the nuclear option? Absolutely not. ing about. cussed this, they made a unanimous But what have we been doing? Wait- Absolutely not. recommendation that it would be sole- ing for the nuclear option. Which There is a way to change them, but ly the Senate of the United States that means what? Tear up the rules and we not the way the Republican leadership would be the sole judge for nominating pass class action bills benefitting cor- and this administration want to do it. and approving judges who were going porate America, we pass bankruptcy They are effectively tearing up the to serve on the courts. Then, as the bills that will help the credit card in- rules. They are basically running Constitutional Convention came to an dustry. We did take 2 weeks, and de- roughshod over the Senate rules, the end, 8 days before the end of the Con- servedly so, on the supplemental appro- institution that has served this Nation stitutional Convention, they came priations, and we included an amend- well for 224 years. That is what is being back and they were reviewing the to- ment to add some armor for our troops tality of their work and at that time proposed. When all is said and done, we over there, of which I highly approved. they made a judgment and decision mention all these other past histories That is it. That is the record. Nothing that was virtually unanimous that of activities, this is effectively what is we really care about. Why? Because we they would provide a shared responsi- being done. have been absorbed with the nuclear I think most Americans may take bility between the executive and the option, changing and altering the issue with what happens here in the Senate of the United States. rules. Mr. President, 95 percent of ap- No one can read the debates of the Senate. They may agree with the ac- proval of this President’s nominees has Constitutional Convention and not un- tivities of the Senate or may differ been achieved. derstand that the Senate of the United with them. But one thing in which the I frankly feel a great deal of this re- States is effectively, in the eyes of the American people have some degree of sponsibility is right down at the other Founding Fathers, a coequal partner in confidence is their basic institutions of end of Pennsylvania Avenue. I can re- the naming of judges. Government. With the proposal by the member in January of this year, in the I know it has been fashionable majority leader, we are rending asun- wake of the conclusion of the election around here for many years, particu- der the power and the authority that and all of us said, This President won. larly for those of the majority party— was described in the Constitutional We congratulate him. We have to bring and I have seen it done even on our side Convention and described in the Con- the country back together. I certainly when we were the majority party—for stitution for the Senate. That is why voiced that. a Democrat to say: Look, if the Presi- people are feeling so strongly about My colleague, Senator KERRY, cer- dent of the United States nominates, this, many of us feel so strongly about tainly voiced that. What happened? there has to be a heavy burden on any this—because basically we are under- The ballots are barely cast and the individual to vote against it. It ought mining what our Founding Fathers votes are hardly counted, and this to be automatic. It ought to be effec- wanted. President sends up the nominees that tively a rubberstamp. This is an issue that has been over- have been debated, discussed, had hear- That has never been my position. I hanging the Senate now for some ings, and voted on in the Senate and have always felt and understood that weeks, for some months, in spite of the said: You have to pass these, Senate, or we have an independent judgment and fact that we have approved 208 of the we will change the rules. decision as charged by our Founding President’s judges: 95 percent, a higher I have taken the time of the Senate Fathers to exercise our own good judg- percentage than the previous President in going over the qualifications of ment. That has been the history of the Bush. What is suddenly the difference? these. These are not just ordinary Senate. This President has a higher percentage nominees. I have gone over these in We have listened—I have—to a lot of of his nominees approved than the first some detail. These nominees are rad- debates, saying what we are doing is President Bush, Bush 1. The difference ical. I would say, radical, outside the

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5481 mainstream. If you have a nominee and parliamentary procedures of this Who would make better judicial choices, such as Mr. Pryor, who thinks we Senate. It is wrong. the Senate or the Executive? ought to repeal the Voting Rights Act, We are witnessing in this debate an Fortunately for us today, their de- I think he is out of the mainstream. arrogant power grab by the Republican bates were not just theoretical. They What he says in his legal papers is in right. This is what happens when the were very real and very practical. The complete conflict with and has been re- rightwing of the Republican Party Framers understood they were creating jected unanimously by the Supreme calls the tune for the Republican Party a new experiment in the history of gov- Court. He does not understand the as a whole. We are spending days and ernment as they worked to combine Americans With Disabilities Act. He weeks debating five rightwing judges their diverse views into a single con- does not understand that Republicans but not 5 minutes on what counts in cise blueprint. and Democrats alike voted for the most people’s lives: Secure jobs, Despite vigorous and fundamental Americans With Disabilities Act to healthy families, educational oppor- disagreements at the start, they re- bring those that are challenged, men- tunity. Those are not the values and tained their respect for one another, tally and physically, into the main- priorities we see today from the White their capacity for reason, their shared stream of American society. We spent House and this Republican Congress. concept of what this Nation could be, weeks and months and years to pass To them, history does not matter. and what its government should be. that legislation. This is not one Sen- Mainstream values do not matter. Our Consensus was not just a goal, but a ator who will vote for someone that ab- commitment is to working families, necessity. Compromise not just an op- solutely wants to undermine and evis- and that does not matter. tion, but a cornerstone of their cre- cerate it, destroy it, and end it. That is What the Republican Party cares ation. what Mr. Pryor’s positions lead to. about today is putting a rightwing It is not an exaggeration to say that So these are not people that are in agenda ahead of mainstream values, if that ‘‘compact of comity’’ is not pre- the mainstream. We have expressed corporate interests ahead of public in- served, the Senate and the Government that. We ought to be able to express it. terests, and the agenda of the privi- will suffer mightily. Our vital role in But that is not satisfactory to this ad- leged few ahead of the American dream the machinery of checks and balances ministration. No, no. They want to for all. will fade, and the nation will be left di- change the rules. That is what this will We, as Senators, have a choice as minished. be all about. They are effectively say- well. We can break the rules and run What would the Framers have done if ing: Look we have nominated, and you roughshod over our constitutional sys- faced with the challenge we face? are going to go ahead and approve. tem of checks and balances or we can They would clearly have counseled We have 224 years where they have seek accommodation and compromise respect and moderation. not been able to silence us, and now for the good of our democracy and the It is not respectful or moderate to they will be able to silence us. But not strength of our Nation. suggest, as one of our colleagues did, with this Senator’s support. The one thing standing between the that judges may have it coming to These are the rules, and I welcome White House and total control of the them if their decisions outrage some any on the other side to dispute them, Congress and the courts is the Senate’s people. It is not respectful or moderate and I invite them to put that in the right to full and fair debate. Let’s not to suggest, as the majority leader did RECORD. First of all, they will have to give it up. yesterday, that Senators are equiva- put the Vice President of the United As many of us have said, if Repub- lent to the assassins of judges because States in the Presiding Officer’s chair. licans persist in the course they have they strongly criticize the political or There will not be another Senator in set, they will destroy the ‘‘compact of ideological views of judicial nominees. that chair to make the ruling because comity’’ that enables the Senate to ful- As part of its advice and consent func- it is not going by the rules of the Par- fill its constitutional responsibilities. tion, the Senate has done that since liamentarian. Outside the Capitol, the gravity of 1795, when it rejected George Washing- Do listeners understand that? It is that danger may not be self-evident. akin to going to the football game and ‘‘Comity’’ may be an unused word ton’s nomination of John Rutledge to the referee and the umpire call the today, but for 200 years it has been the be Chief Justice. penalty or the touchdown and someone lifeblood of daily life in the Senate. The majority leader’s use of the word else from the crowd says, no, no, that In the Senate, comity is the glue ‘‘assassinate’’ was especially unfortu- does not count, and for us it recognizes that binds us to one another and to nate, coming in the very day that the ‘‘someone else’’ in the crowd. That that small but brilliant group of Fram- Judge Lefkow of Chicago was testi- is what they are doing. They will re- ers who met, over two centuries ago, fying to our Judiciary Committee place a Member of the Senate. We and conceived of this institution. about the brutal murders of her family have, as we do now, the distinguished They certainly knew what comity members. Senator from Tennessee sitting in the was: they came from totally different The Founders also would have coun- chair and presiding over the Senate. views of government. seled us about communication. We But that will not be true that par- They labored ceaselessly, in the heat work with members of the other party ticular day. of a Philadelphia summer, in the ulti- every day. We talk to them every day. Next they will have to break para- mate American Government Seminar, But I can’t think of one of them who graph 1 of rule V which requires 1 day’s until they created a government that has come to me over the past 2 years to specific written notice if a Senator in- was reliable, resilient—resistant to at- say, ‘‘This judicial nomination issue is tends to try to suspend or change a tack from within and without. headed the wrong way—we ought to rule. Comity among the Framers—their start talking about how to preserve our And then they break paragraph 2, overriding ‘‘agreement to agree’’ de- institution’s strengths and traditions, rule V, which provides that the Senate spite their deep differences—informed and solve the problems that these judi- rules remain in force from Congress to and nourished their efforts. They cial nominations are creating for us Congress unless they are changed in ac- worked especially hard to design the all.’’ We all know it is very late in this cordance with existing rules. Senate. contest of nuclear ‘‘chicken,’’ but it is Then they have to break paragraph 2, Their debates were all about great never too late to try. of rule XXII, which requires a motion challenges: The Framers would also have told us signed by 16 Senators, a 2-day wait, and What size would be right to enable the Sen- to minimize the distortions and respect a three-fifths vote to close debate on a ate to serve as a check on the other House the truth. Again, and again, we are told nomination. and the President too, and still place per- that there was no Republican-led fili- Then they have to break rule XXII sonal responsibility for their actions on indi- buster of the Fortas nomination to be vidual Senators? Chief Justice in 1968. There are still requirement of a petition, a 2-day wait, How long should each Senate term last, to and a two-thirds vote to stop debate on set the proper balance between the strong, three of us in the Senate today, who a rules change. independent Senate they wanted and the po- were in the Senate then, and who know They have to break scores of the tential tyranny of an aristocratic upper the truth firsthand. It demeans the rules. It will make a sham of the rules House, insulated from popular opinion? Senate and discredits the debater when

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5482 CONGRESSIONAL RECORD — SENATE May 19, 2005 someone parrots the bizarrely erro- government advances . . . freedom is President Clinton’s nominees—includ- neous White House talking points de- imperiled [and] civilization itself jeop- ing when Senator FRIST, himself joined nying such a filibuster, without having ardized.’’ in a filibuster of a circuit court nomi- the grace to check the facts. She has criticized the New Deal, nee in 2000. The Founders would also have told us which gave us Social Security, the This misreading of the Constitution to take extremely seriously what minimum wage, and fair labor laws. and Senate rules is the same kind of James Madison in Federalist No. 62, She has questioned whether age dis- distortion we have seen from the nomi- called ‘‘the senatorial trust,’ which crimination laws benefit the public in- nees they support. require[es] a greater extent of informa- terest. She has even said that ‘‘Today’s We have seen it in Priscilla Owen’s tion and stability of character.’’ senior citizens blithely cannibalize opinions twisting the law in an at- As Madison understood, Senators are their grandchildren because they have tempt to deny the insurance claim of a not the owners of this institution, but a right to get as much ‘free’ stuff as heart surgery patient, or to exempt we are more than just its occupants. the political system will permit them campaign contributors from environ- We are, its trustees, with an awesome to extract.’’ mental regulations. We have seen it in responsibility to protect that trust— Yet my colleagues say we’re wrong to Janice Rogers Brown’s twisting the this body—the Senate. That means we worry about putting Janice Rogers Constitution to claim job discrimina- must preserve what makes it work Brown on the DC Circuit, which is tion laws can’t protect Latino workers well—like extended debate and the widely regarded as the most important from ethnic slurs in the workplace. We super-majority cloture rule. court of appeals, and is just a heart- have seen it in William Pryor’s opposi- A central part of that senatorial beat away from the Supreme Court. tion to basic protections for the distrust is standing up to the President No one with these views should be abled, voting rights, and family and when he overreaches in the exercise of given a lifetime appointment to the medical leave—views rejected by the his power, as he has done with the few, Federal court of appeals, and certainly Supreme Court. And we’ve seen it in but important, still hotly contested not to the Federal court most respon- William Myers’ opinion that cleared circuit nominees. sible for cases affecting government ac- the way for an open-pit mine on land Finally, the Framers would say that tion. It is no wonder that an organiza- sacred to Native Americans—an opin- our endangered senatorial trust needs tion seeking to dismantle Social Secu- ion that a Federal court later said ig- comity more than ever in our day-to- rity is running ads supporting her nom- nored ‘‘well-established canons of stat- day activities and relationships. As ination to the second most powerful utory construction.’’ Madison stated, the comity the Fram- court in the country. These nominees do not deserve life- ers had in mind was—‘‘the result, not In the area of civil rights, Justice time appointments to the federal of theory, but ‘of a spirit of amity, and Brown has also written opinions that courts, where they have enormous that mutual deference and concession would roll back basic protections. In a power over the American people. More importantly, the Senate does which the peculiarity of our political case involving ethnic slurs against not deserve the bitter legacy we would situation rendered indispensable.’ ’’ Latino workers, Justice Brown wrote leave if we adopt the nuclear option. It That is what we must aspire to. That is that the first amendment prevents is not worth running roughshod over what we must accomplish if we are not courts from stopping ethnic slurs in the traditions of this institution for only to solve our present dilemma but the workplace, even when those slurs short-term political gain. It is not leave this place as least as fine an in- create a hostile work environment in worth turning our backs on our constitution as we found it. violation of job discrimination laws. stitutional role as a check and balance Who are the nominees that the Re- She dissented from a holding that vic- on Presidential appointments to the publicans so want confirmed that Sen- tims of discrimination may obtain courts. ator FRIST is willing to violate the damages from administrative agencies Alexander Hamilton said this about rules of the Senate? for their emotional distress. She also the need for the Senate to be an inde- They include Janice Rogers Brown, wrote an opinion suggesting that Su- pendent check on the President’s nomi- who has been nominated to the very preme Court decisions upholding af- nations. important DC Circuit, which is widely firmative action are inconsistent with ‘‘To what purpose [do we] require the regarded as the most important court laws against discrimination. co-operation of the Senate? . . . It of all the courts of appeals, and whose On workers’ rights, she rejected a would be an excellent check upon a decisions affect the rights of all Ameri- binding precedent limiting an employ- spirit of favoritism in the President, cans. She has a compelling personal er’s ability to require workers to sub- and would tend greatly to prevent the story, which all of us respect. But con- mit to drug tests. appointment of unfit characters.’’ firmation to the DC Circuit requires In another case, she wrote a dissent That’s what Alexander Hamilton said more than a compelling personal story. urging the California Supreme Court to the Senate should be—a check against It requires a record of clear commit- strike down a San Francisco law pro- overreaching by the President, not a ment to upholding the rights of all viding housing assistance to low-in- rubber stamp for the President. I urge Americans. It requires a record of clear come, elderly, and disabled people. In my colleagues to remember that as dedication to the rule of law—not re- case after case, she has sought to un- United States Senators, we are the making the law to fit a particular po- dermine the rights of the American keepers of a constitutional trust that litical view. people. is not ours to give away. That trust be- Janice Rogers Brown fails this basic It is a travesty that the majority longs to the American people. The sys- test. Her record on the California Su- leader is attempting to break the rules tem of checks and balances protects preme Court makes clear that she’s a of the Senate to confirm such nomi- them. If we give away that trust, we judicial activist who will roll back nees. It takes 67 votes to change Sen- will never get it back. basic rights. Her record shows a deep ate rules. Because the majority leader What we are witnessing in this de- hostility to civil rights, to workers’ can’t win fair and square, he is probate is an arrogant power grab by the rights, to consumer protection, and to posing to break the rules in the middle Republican right. This is what happens a wide variety of governmental actions of the game. when the rightwing of the Republican in many other areas—the very issues We have heard them make every ar- Party calls the tune for the Republican that predominate in the DC Circuit. gument in an attempt to disguise their Party as a whole. We are spending days She has repeatedly voiced contempt raw abuse of power. They even claim and weeks debating five rightwing for the very idea of democratic self- the Constitution prohibits Senators judges, but not 5 minutes on what government. She has stated that from filibustering judicial nominees. counts most in people’s lives—not 5 ‘‘where government moves in, commu- But as Senator FRIST, the majority minutes on secure jobs, or healthy fam- nity retreats [and] civil society dis- leader, admitted on the floor recently, ilies, or educational opportunity. integrates.’’ She has said that govern- that’s nowhere in the Constitution. Those are not the values and priorities ment leads to ‘‘families under siege, Certainly the Republicans didn’t be- we see today from this White House war in the streets.’’ In her view, ‘‘when lieve that when they were filibustering and this Republican Congress.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5483 To them, history doesn’t matter. will have to break the invariable rule limit myself to talking about the back- Mainstream values don’t matter. Our of practice that constitutional issues ground, what this is all about, and the commitment to working families must not be decided by the Presiding history that brings us to where we are doesn’t matter. What the Republican Officer but must be referred by the Pre- today. Party cares about today is putting a siding officer to the entire Senate for In recognition that the duty imposed rightwing agenda ahead of mainstream full debate and decision; on the President faithfully to execute values, corporate interests ahead of the Throughout the process they will the law requires persons sympathetic public interest, and the agenda of the have to ignore, or intentionally give to his program, the Senate tradition- privileged few ahead of the American incorrect answers to, proper parliamen- ally has given the President great lee- dream for all. tary inquiries which, if answered in way in choosing his policymaking sub- We have approved 208 of George good faith and in accordance with the ordinates, especially those in his Cabi- Bush’s nominees to the federal courts. expert advice of the Parliamentarian, net and those in sub-Cabinet positions. Two hundred eight. But the five right would make clear that they are break- The Senate has more or less uniformly wing judicial nominees at stake in the ing the rules; followed this practice, as a matter of nuclear option have no business mak- Eventually, when their repeated rule- grace and in the spirit of cooperation, ing life-or-death, make-or-break deci- breaking is called into question, they to ensure that the executive branch sions that affect our lives. They are will blatantly, and in dire violation of functions as a team in implementing anti-worker, anti-civil rights, anti-dis- the norms and mutuality of the Sen- and enforcing the laws. ability, anti-senior, anti-consumer, and ate, try to ignore the minority leader What has been the fairly general anti-environment. and other Senators who are seeking practice with respect to the appoint- This is President Bush’s moment of recognition to make lawful motions or ment of executive branch policy- truth too. Instead of fanning the right pose legitimate inquiries or make prop- makers, however, has not always ap- wing flames, the President can end this er objections. plied to judicial nominations, and the abuse of power. He can pick judges By this time, all pretense of comity, arguments to the contrary are at odds closer to the center, not from the outer all sense of mutual respect and fair- with the separation of powers doctrine, edge. ness, all of the normal courtesies that common sense and history. We as Senators have a choice as well. allow the Senate to proceed expedi- The Constitution establishes a Su- We can break the rules and run rough- tiously on any business at all will have preme Court and gives Congress the shod over our constitutional system of been destroyed by the pre-emptive Re- power, in its discretion, to constitute checks and balances, or we can seek ac- publican nuclear strike on the Senate inferior tribunals; nowhere in the blue- commodation and compromise for the floor. print of our Government is it hinted— good of our democracy and the To accomplish their goal of using a is it even hinted; nowhere is it even strength of our Nation. The one thing bare majority vote to escape the rule hinted—that the high Court or any standing between The White House and requiring 60 votes to cut off debate, other Federal court is the President’s total control of Congress and the those participating in this charade court. courts is the Senate’s right to full and will, even before the vote, already have Some may say, well, the President fair debate. terminated the normal functioning of should have his own Cabinet. He should I urge the President, I urge the Re- have his Cabinet. He should be able to publican leadership in the Senate, to the Senate. They will have broken the choose his Cabinet. And there is con- heed the timeless words of the prophet Senate compact of comity, and will siderable weight to be given to that Micah who wrote, ‘‘What is good and have launched a preemptive nuclear point of view. But I do not think that what does the Lord require of you but war. The battle begins when the per- any of us should maintain that the to do justice, and to love kindness, and petrators openly, intentionally and re- President is entitled to have his own to walk humbly with your God?’’ peatedly, break clear rules and prece- Here are some of the rules and precedents of the Senate, refuse to follow court. That is the point. dents that the executive will have to the advice of the Parliamentarian, and So nothing in the Constitution sug- ask its allies in the Senate to break or commit the unpardonable sin of refus- gests that either the Justices or the ignore, in order to turn the Senate into ing to recognize the minority leader. judges should be the President’s men. a rubber stamp for nominations: Their hollow defenses to all these Let me say that again. Nothing in the First, they will have to see that the points demonstrate the weakness of Constitution suggests that either the Vice President himself is presiding their case. Justices or judges should be the Presi- over the Senate, so that no real Sen- The PRESIDING OFFICER. The Sen- dent’s men or women, as it were. In ator needs to endure the embarrass- ator from West Virginia. fact, the Constitution refutes this no- ment of publicly violating the Senate’s Mr. BYRD. Mr. President, how much tion by granting Federal judges life- rules and precedents and overriding the time do I have? time tenure and by making their com- Senate Parliamentarian, the way our The PRESIDING OFFICER. The mi- pensation inviolable. Presiding Officer will have to do; nority has 1 hour 50 minutes remain- The men who met in Philadelphia in Next, they will have to break para- ing. that hot summer of 1787 were practical graph 1 of rule V, which requires 1 Mr. BYRD. I wonder how much time statesmen. They were experienced in day’s specific written notice if a Sen- the minority will give to me? politics, statesmen who viewed the ator intends to try to suspend or I shall proceed. principle of separation of powers as a change any rule; Mr. President, today I wish to speak vital check against tyranny. And so I Then they will have to break para- about the history of freedom of speech ask, can a rubber stamp be ‘‘a vital graph 2 of rule V, which provides that in the Senate, about the cloture rule check against tyranny’’? If the Fram- the Senate rules remain in force from which, when invoked, limits debate, a ers had intended the Senate simply to Congress to Congress, unless they are bit about the background here that endorse the President’s selections, the changed in accordance with the exist- might help all Senators if they care to Senate could have been left out of the ing rules; read or listen, and the people out there process altogether. Clearly, the men Then they will have to break para- who are listening, help them to under- who met at Philadelphia, nearly 219 graph 2 of rule XXII, which requires a stand a little more about what this is years ago, had in mind a more sub- motion signed by 16 Senators, a 2-day all about. stantive role for the Senate. wait and a 3⁄5 vote to close debate on It is a matter of very great interest The Senate has more than once the nomination itself; to the country and to the Republicans flexed its political muscles to reject a They will also have to break rule and to Democrats and to independents, Presidential nominee, including the re- XXII’s requirement of a petition, a to people from all walks of life. It is in jection or withdrawal of 15 Cabinet wait, and a 2⁄3 vote to stop debate on a that spirit that I seek to talk just a lit- nominations and 26 Supreme Court rules change; tle while about this subject which is of nominations. Confirmation power is Then, since they pretend to be pro- great concern. I hope to have more to one of the major constitutional provi- ceeding on a constitutional basis, they say on another day, but today I will sions that separates the Senate from

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5484 CONGRESSIONAL RECORD — SENATE May 19, 2005 the other body, the House of Rep- ton’s words, ‘‘an efficacious source of gaining time; with which view he spun resentatives. It has been the subject of stability’’ in the Government of the out the debate till it was too late to numerous articles, books, novels, and Republic. conclude anything that day.’’ even motion pictures. Mr. President, in his Manual of Par- The sun went down. That ended the As early as Henry IV, who reigned liamentary Practice, Thomas Jefferson debate. from 1399 to 1413, English Parliaments quoted ‘‘Mr. Onslow, the ablest among Filibusters were also a problem in effectively controlled the King’s royal the Speakers of the House of Com- the British Parliament. In 19th century council and household. Several officials mons,’’ as follows. Here is what Mr. England, even the members of the Cab- of Henry IV’s household were dismissed Onslow had to say: inet accepted the tactics of obstruction at the insistence of the House of Com- It was a maxim he had often heard when he as an appropriate weapon to defeat mons. Both the household officials and was a young man, from old and experienced House of Commons initiatives that the members of ‘‘the great and con- Members— were not acceptable to the government. tinual council’’ were named in Par- like myself— Now, in this country, I say to the liament. that nothing tended more to throw power Presiding Officer and the distinguished So I say to the distinguished Senator into the hands of administration, and [into Senator from Tennessee and my other from Tennessee, who presently presides the hands of] those who acted with the ma- colleagues, experience with protracted jority of the House of Commons, than a ne- debate began early. In the first session over the Senate, with a degree of glect of, or departure from, the rules— aplomb and grace and dignity that is so of the First Congress—that is going ‘‘the rules’’— rare as a day in June, that the Senate back quite a ways. I have only lived routinely debated nominations in of proceeding; that these forms, as instituted one-fourth of all the time that has by our ancestors— closed session in the beginning. transpired since that First Congress John Tyler was the first Vice Presi- yours and mine— convened. But in the first session of dent to become President on the death operated as a check and control on the ac- the First Congress, for example, there of the incumbent. Early in the Tyler tions of the majority, and that they were, in was a lengthy discussion regarding the administration, President Tyler broke many instances, a shelter and protection to permanent site for the location for the the minority, against the attempts of power. with the Whig majority in the Senate, capital. How about that. Fisher Ames, Now, Thomas Jefferson himself wrote which thereafter frustrated his efforts a Member of the House from Massachu- that whether the rules of a legislative to appoint his own supporters to office. setts, complained that ‘‘the minority body: Nothing in the Senate’s history has . . . make every exertion to . . . delay ever, ever matched the spectacle that . . . be in all cases the most rational or not the business.’’ That is what we are is really not of so great importance. It is occurred on March 3, 1843, the last day talking about. That sounds like a fili- much more material that there should be a buster, doesn’t it? Senator William of the Senate’s session, when President rule to go by than what that rule is; that Tyler came to the Capitol, just down Maclay of Pennsylvania complained there may be a uniformity of proceeding in that ‘‘every endeavor was used to the hall, to sign legislation and to sub- business not subject to the caprice of the waste time.’’ mit last-minute nominations. Speaker or captiousness of the members. It That sounds like a filibuster, doesn’t Tyler nominated Caleb Cushing to be is very material that order, decency and reg- it? Well, long speeches and other ob- Secretary of the Treasury, not once, ularity be preserved in a dignified public structionist tactics were more char- not twice, but three times that night. body. acteristic of the House than of the Sen- Are you listening? Three times. And Therefore, Mr. President, all legisla- ate in the early years. So it started each time, the Senate rejected Cushing tive bodies need rules to follow if they over there. But the House, on February by an even larger margin than before, are to transact business in an orderly fashion, and if they are to operate fair- 27, 1811, ‘‘decided . . . that after pre- the votes being, as recorded in the Sen- vious question was decided in the af- ate Executive Journal, 19 for to 27 ly—I have heard that word used a good bit here—efficiently, and expeditiously. firmative, the main question should against, then 10 for to 27 against, and not be debated.’’ So there you have it. on the third time, 2 for Caleb Cushing On April 7, 1789, the day after a quorum of Senators had appeared—so They moved the previous question. and 29 against. That still is done in the other body. Three times President Tyler named you see the Senate just goes back to April 6, 1789—a special committee was The practice of limiting debate dates Henry A. Wise to be Minister to back to 1604—my, that is over 400 France—that same evening—and Wise, created to ‘‘prepare a system of rules for conducting business.’’ The com- years; that is 401 years—when Sir too, was thrice rejected. Henry Vane first introduced the idea in Senator Thomas Hart Benton re- mittee consisted of Senators Oliver the British Parliament. Known in par- Ellsworth of Connecticut, Richard ported that ‘‘nominations and rejec- liamentary procedure as the ‘‘previous Henry Lee of Virginia, Caleb Strong of tions flew backwards and forwards in a question,’’ it is described in section Massachusetts, William Maclay of game of shuttlecock.’’ In all—in all— XXXIV of Jefferson’s Manual of Par- Pennsylvania, and Richard Bassett of the Senate turned down four of Presi- liamentary Practice, as follows. Here is Delaware. All five of these committee dent Tyler’s Cabinet nominees: in addi- the way Thomas Jefferson explained members were lawyers. Each had tion to Cushing, David Henshaw as Sec- the previous question: retary of the Navy, James M. Porter as served in his State legislature, the pro- When any question is before the House, Secretary of War, and James S. Green cedures of which were indebted to colo- any Member may move a previous ques- as Secretary of the Treasury. And that nial and English experience. Two had tion . . . — ain’t all. The Senate turned down four served in the Continental Congress, That is the way it is done over in the of President Tyler’s nominees to the which was also indebted to colonial and House, Mr. President: Mr. Speaker, I Supreme Court: John C. Spencer, Reu- English precedents, and three had par- move the previous question— ben H. Walworth, Edward King, and ticipated in the Constitutional Conven- whether that question (called the main ques- John M. Read. It is a record of rejection, whose members had created the tion) shall now be put. tion unmatched—unmatched—by any Senate. Mr. Speaker, they say in the House: I other President. What a spectacle. Obstructive tactics—we have heard a move the previous question. ‘‘History,’’ wrote the poet Byron, lot about that lately—in a legislative Jefferson went on to say: ‘‘with all her volumes vast, hath but forum, although not always known as If it pass in the affirmative, then the main one page.’’ Byron was saying there that filibusters, are of ancient origin. Plu- question to be put immediately, and no man history does repeat itself, so it only tarch reported that when Caesar re- may speak anything further to it, either to needs one page. turned to Rome after his sojourn in add or alter. We should do well, then, Mr. Presi- Spain, his arrival happened at the time That is Thomas Jefferson speaking dent, to look backward into the past of the election of consuls. ‘‘He applied through his writing. The journals of where we shall find that due diligence to the Senate for permission to stand the Continental Congress record that by the Senate in fulfilling its ‘‘advice candidate,’’ but Cato—Cato the Young- the previous question was used in 1778. and consent’’ responsibility in the ap- er—strongly opposed his request and Get that. This is the Continental Con- pointment process has been, in Hamil- ‘‘attempted to prevent his success by gress. When did it first meet? It first

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5485 met in 1774, the First Continental Con- On February 26, President Wilson—I Senate be closed by a vote of three- gress. So the journals of the Conti- was born during one of the administra- fifths of the Senators duly chosen and nental Congress record that the pre- tions of Woodrow Wilson—President sworn, except in the case of a measure vious question was used in 1778. Sec- Wilson appeared before a joint session or motion to change the rules of the tion 10 of the rules of the Continental of Congress to request legislation au- Senate, when a two-thirds vote of Sen- Congress read: thorizing the arming of merchant ators present and voting would be re- While a question is before the House, no ships. The President announced that quired to close debate. motion shall be received, unless for an the rules of the Senate would have to On March 7, 1975, the Senate adopted amendment, for the previous question, to be revised—now get this—the rules of my substitute providing that three- postpone the consideration of the main ques- the Senate would have to be revised be- fifths of all Senators chosen and sworn tion, or to commit to. fore he would call a special session of could invoke cloture. This provision The rules adopted by the Senate in the entire Congress to deal with the applied to all measures except those April 1789 included a motion for the war emergency. And so, Mr. President, amending the rules of the Senate which previous question. According to histo- the fate of the unlimited debate was still required a two-thirds vote of Sen- rian George H. Haynes, when Vice sealed. ators present and voting. President Aaron Burr delivered his The principal responsibility for the Four years later on February 22, 1979, farewell address to the Senate in cloture resolution rested with the new the Senate agreed to a resolution that March 1805—200 years ago—he, Aaron Democratic majority leader, Thomas I submitted establishing a cap of 100 Burr, the Vice President of the United Martin of Virginia. Under his guidance, hours of consideration once cloture had States, ‘‘recommended the discarding a bipartisan committee of the Senate’s been invoked on a measure. leaders drew up a proposal providing of the previous question,’’ because in Under my resolution, each Senator that a vote—get this—by two-thirds of the preceding 4 years during which he would be entitled to 1 hour of time. those present and voting could invoke had presided over the Senate, it had Senators could yield their time to the cloture on a pending measure. Two- ‘‘been taken but once, and then upon majority or minority floor managers of thirds of those present and voting. an amendment.’’ the bill or to the majority or minority So, Mr. President, I say to the Sen- By a vote of 76 to 3 on March 8, 1917, leaders. Except by unanimous consent, ator from Tennessee, who is presiding, after only 6 hours of debate, the Senate none of the designated four Senators and other Senators, when the rules of adopted its first cloture rule. Mr. could have more than 2 additional the Senate were codified in 1806—that President, 1917, that was the year in hours yielded to him or to her. These was the first revision of the rules, in which I was born. Senators in turn could yield their time 1806—reference to the previous ques- In 1949 now, President Harry S. Tru- to other Senators. If all available time tion was omitted. The previous ques- man sought to clear the way for a expired, a Senator who had not yielded tion allowed the Senate to terminate broad civil rights program, and his time and who had not yet spoken on debate: Mr. President, I move the pre- first step was to push for liberalization the matter on which cloture had been vious question. Or in the House: Mr. of the cloture rule. His efforts produced invoked could be recognized for 10 min- Speaker, I move the previous question. a bitter battle at the beginning of the utes for the sole purpose of debate. If that gained a majority, no further 81st Congress. The Senate adopted a compromise The 1979 resolution made in order debate. The previous question will be measure that proved to be less usable only those first-degree amendments voted on. than the one it replaced. It required submitted by 1 p.m. the day following In 1806, when the rules of the Senate that two-thirds of this entire Senate submission of a cloture motion, with were first codified, reference to the vote for cloture rather than two-thirds second-degree amendments in order previous question was omitted. Since of those present and voting. That was only if submitted in writing 1 hour then it had only been used 10 times 1949. The new rule differed from the old prior to the beginning of the cloture from the years 1789 to 1806, and it has in that it allowed cloture to operate on vote. never—it has never, it has never—been any pending business or motion, with restored. The substitute amendment contained the exception of debate on rules Henry Clay, in 1841, proposed the in- the current overall limitation of 30 change. This meant that future efforts troduction of the previous question. hours of consideration after cloture has to change the cloture rule would them- Here we have Henry Clay proposing been invoked. selves be subject to extended debate So that brings us up to the present that they bring back the previous ques- without benefit of the cloture provi- tion. But he abandoned the idea in the day rules with reference to debate and sion. limitation of debate in the Senate, the face of opposition. Those Senators did Now we are getting down into my not want the previous question. They current cloture rule. That puts us time. At the beginning of the 86th Con- where we are now, and I thought it did not want to terminate debate. They gress—I came to Congress during the wanted freedom of speech. would be well just to review briefly the 83rd Congress when Harry Truman was history of unlimited debate in the Sen- When the Oregon bill was being con- getting close to the end of his tenure— sidered in 1846, a unanimous consent ate and then the cloture rule limiting at the beginning of the 86th Congress, debate—the cloture rule as initially agreement was used as a way to limit Senate majority leader, Lyndon B. debate by setting a date for a vote. adopted requiring two-thirds of those Johnson, offered and the Senate adopt- present and voting; and then in 1949, When Senator Stephen Douglas pro- ed by a 72-to-22 rollcall vote, a resolu- two-thirds of those elected and sworn; posed permitting the use of the pre- tion to amend Senate rule XXII. Ap- and then again in 1975, two-thirds of vious question in 1850, the idea encoun- proved on January 12, 1959, after 4 days those Members present and voting, tered substantial opposition and was of debate, the resolution permitted that is where we are—so that we might dropped—dropped, dropped. They did two-thirds of the Senators present and have this basis for a better under- not want the previous question. They voting—going back to the very begin- standing of where we go from here. did not want to terminate debate. They ning of the cloture rule—two-thirds of wanted to be able to speak on and on the Senators present and voting to I thank you, Mr. President. I thank and on. A filibuster? Well, perhaps. close debate, even on proposals for all Senators, and I yield the floor. An effort to reinstitute the previous rules change. It also added to rule The PRESIDING OFFICER (Mr. question on March 19, 1873, failed by a XXII: COLEMAN). The Senator from Massa- vote of 25 for to 30 against. The rules of the Senate shall continue chusetts. The final impetus for a cloture rule from one Congress to the next Congress un- Mr. KERRY. Mr. President, I thank came as a result of a 1917 filibuster, one less they are changed and provided in these the Chair, and I thank the distin- of the most famous in the Senate an- rules. guished Senator from West Virginia for nals—against an administration meas- These rules, these rules in this book, his extraordinary analysis and under- ure permitting the arming of American the ‘‘Senate Manual.’’ standing of the Constitution which he merchant vessels for the duration of On February 28, 1975, I submitted a has constantly been the keeper of in the World War. I believe that was 1915. resolution providing that debate in the the Senate.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5486 CONGRESSIONAL RECORD — SENATE May 19, 2005 We are in a remarkable moment of victim, denounces it and excites the We are not here as an institution to confrontation. This is a great institu- public odium and the public hatred to protect a party. We are here to protect tion, or at least it always has been, and conceal its own abuses and encroach- collectively the Government of the it is looked up to by people all over the ments. United States of America that is made world. Caught up as we are now in this James Madison said: Where the whole up of those brilliant words that were moment of partisan ideological divi- power of one department is exercised fought over so diligently and remark- sion of a raw reach for power, the Con- by the same hands which possess the ably in Philadelphia and which have gress itself is daily dropping in its re- whole power of another department, served us so well all of these years. gard by the American people. Rather the fundamental principles of a free Now all of a sudden in 2005, feeling than reaching across the aisle to grap- constitution are subverted. . . . The ac- the flush of victory in an election that ple with the real crises that face our cumulation of all powers, legislative, was close, controlling two branches of Nation, the Republican leadership executive and judiciary, in the same Government, elected officials, people keeps moving unilaterally to change hands, whether of one, a few or many, who serve at the grace of that Con- the way this institution has worked, and whether hereditary, self-appointed stitution for a brief period of time, at and not for the better. or elective, may justly be pronounced the sufferance of the people who vote Those of us who have had the privi- the very definition of tyranny. for us, those people are choosing to lege of being here for some period of What we are going to see if this hap- serve the moment, not to serve history, time—I have been here for 22 years; pens is the judiciary of the United not to serve precedent, not to serve Senator BYRD has been here almost 50; States entirely put into the hands of common sense, not to serve even the Senator KENNEDY, Senator STEVENS, the Presidency, period. The advice and real interests of the American people, and others have also served for a sig- consent will be wiped out, barring dis- but to serve a narrowly defined, elect- nificant period of time—but brief as my plays of courage that we have not seen ed, official, leadership-determined, ide- stay has been, I find myself now I recently, because people will come, as ological purpose. think No. 18 in seniority, which means they did in our committee most re- I believe the real interests of Ameri- 82 Senators have come and gone during cently, to say, well, we just had an cans are best served by remembering the time I have been here. I have had a election and the President won and the that the greatest strength and the chance to know many of them going President has the right to his appoint- greatest virtue of our democracy is not back to the time of Barry Goldwater, ments, that is it, end of issue. Gone, that it gives power to the majority, John Stennis, Russell Long, and oth- the divisions; gone, the test; gone, the which is easy to exercise, easy to un- ers. Never in that whole period of time judgment we were supposed to apply as derstand, easy to abuse; the great vir- I have served have I ever seen this in- a separate and coequal branch of Gov- tue of the American system of Govern- stitution behaving the way it does ernment. ment and of our democracy is the pro- today. That is what the Founding Fathers tection it provides to the minority. Colleagues who came to do the same wrote. They did not give the President That is what is special about America. good as colleagues on the other side of the ability to have whoever that Presi- That is what makes us different from the aisle, locked out of conference dent wants. That is what is written everybody else. That is what lives are committees, hearings that do not take into the Constitution, that every single being lost for, to tell people in Iraq and place when they ought to; oversight one of us went to the well of this body Afghanistan, this is what you ought to that does not occur as it used to. This and raised our hands and swore to up- embrace—the full measure of democ- institution is being damaged daily by hold. racy, not some limited tricky little the partisanship, the bitter ideological We did not swear to uphold the ma- measure where, in the flush of victory, divide that is preventing good people jority leader. We did not swear to up- you change the rules. on both sides of the aisle from doing hold the President. We did not swear to What would we say about this if it good business for the American people; uphold our party. We swore to uphold was another country that we had from finding real solutions to the real the Constitution of the United States, helped to be the country they are, em- problems of real concern to average and that is our duty. bracing our democracy, but they start- families all across our country, who Lord Acton said it maybe best: All ed to play those kinds of games and cannot pay their health care bills, who power corrupts. Absolute power cor- there was suddenly an abuse of rules are losing jobs abroad, who worry rupts absolutely. that had been set up that everybody about the twin deficits of the budget of Thomas Jefferson said: I hope our understood were there to make the de- our country and of our trade; who see wisdom will grow with our power and mocracy work effectively? extraordinary threats to community as teach us that the less we use our power It is precisely the protection of the kids do not get the education they the greater it will be. minority that makes our democracy so ought to. All this time we have been If my colleagues want to use the respected and so awesome to people all spending weeks, if not months, caught power of ending a filibuster, just have over this planet. up discussing a nuclear option, dis- the filibuster for week after week and This is a dangerous time for our de- cussing a few judges out of the two let people stand up and make their ar- mocracy. What is at stake here is hundred, 208 or so, who have been nom- guments. If the arguments have no cur- something far greater than the con- inated and approved by this President. rency, believe me, between the press, firmation of a few judges. Let there be The Senate is now watching this public opinion, the bloggers, and C– no doubt that line was drawn clearly struggle take place, countless hours SPAN, this country will rise up and here this morning because the deputy consumed by an effort to change the they will get their 60 votes if they de- leader offered to have four judges con- rules by breaking the rules. If my col- serve them. That is an up-or-down vote firmed. We could have confirmed four leagues want to change the rules, use of its own kind. judges right here, today, this morning. the rules to change the rules. Do not If it were compelling enough, as it No, no, no. This is a division. This is subvert the system. Do not play a cute was with the Civil Rights Act, or com- a moment of confrontation being parliamentary game that has been un- pelling enough as it has been in other sought by the leadership on the other touched over 200 years. great confrontations in this body, we side of the aisle. What is at stake is This is a stunning moment. The prob- have always found our way to make it something far greater than any of the lem is that words spoken in this Cham- happen. We have always done it with- individual judges. It is defined by the ber do not even fully convey the impor- out the rules. We are a Nation that has refusal to accept the offer to do those tance of this moment. This is, in fact, listened to some remarkable men and judges today. We could have gotten the one of those times the Founding Fa- women in remarkable debates about President’s percentage up from 95 to thers and countless other statesmen of how we as a Nation are different in bal- whatever, 98 percent. But, no, we do history have warned us against. ancing power and protecting the people not want that. That will change the Henry Clay said: The arts of power and the institutions that we set up to focus. and its minions are the same in all protect the people. We are not here as No matter how much time is spent on countries and in all ages. It marks its an institution to protect an ideology. the life story of Priscilla Owen, we all

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5487 know the choice of this particular glossed over as the debate sort of devel- the media if the value of truth had not judgeship and of just staying on this ops or drops down into a competition of been so diminished over the last years. judgeship and not trying to have other hollow sound bites. But script and We have a budget that comes trillions judgeships represents, in fact, a choice. sound bite are not what should dictate of dollars short of counting every dol- It is a smokescreen for what this fight what happens here, not in the Senate. lar we plan to spend, but, oh no, there is really all about. It is not about these Conscience and principle ought to dic- is no accountability. We have a budget few judges. We could have confirmed tate what happens here. There have to that doesn’t even count the interest on those judges. But the Republican lead- be Senators prepared to stand up and the debt. Find me an accountant in a ership is fundamentally determined to do their duty as U.S. Senators, not business in America who doesn’t put deny the minority the right to hold the Senators of their party. the interest on the debt that they owe Executive accountable for such judg- My distinguished colleague, Senator in the accounting, and they would be ments as we might make about the VOINOVICH, recently showed courage in fired. We do not do it. No account- lifetime appointment of those judges. the Foreign Relations Committee when ability. I heard both sides out here. Some he suddenly stopped the proceedings of We have had a Medicare actuary who Members of our side did call for up-or- the committee and he said: I am not was forced at risk of losing his job to down votes when that was the argu- comfortable with what is happening lie about what the costs would be of a ment that best served them. But, guess here. My conscience tells me we ought prescription drug bill and lie to the what, when they didn’t get it, they to stop and take a better look. Congress. No accountability. We have didn’t call for a change in the rules, Guess what happened. He was vilified had falsified numbers in Iraq, on every- and they did not try to break the rules on talk radio and in certain partisan thing from the cost of the war to the to change the rules. They used their circles for having gone off script. number of troops that have been trained to the slam dunk on intel- best argument, but they respected the Senator CHAFEE of Rhode Island, 4 ligence—no accountability. We have an institution. years here, stands up and says: Wow, That is not what is happening today. that is the first time in 4 years I have administration that continues to want So we can forget about who said what ever seen anybody do that. to fund fake newscasts paid for by the when. The real fight is about the Sen- What? The first time in 4 years a American people, without disclaimer, and mislead people across America. ate. The real fight is about the Con- Senator saw another Senator stop and In fact, the administration’s willing- stitution. The real fight is about who think for himself and exercise conscience and go off script? What kind of ness to consistently abandon the truth we are and what kind of country we are I think has done great damage to the statement is that about what has hap- going to be and how we behave and American people’s willingness to be- pened here? It is not controversial, my what kind of example we set to young lieve anything any of us say. They are friends. It is a sad statement about the kids in school today who read the his- less willing to listen. They are less Senate, and it underscores what is hap- tory books and dream someday of being willing to trust or take anything said pening here now. a Senator and perhaps joining the seriously. Independence and conscience and world’s greatest deliberative body. Now we find ourselves in a struggle principle are really what is at stake This is about George Bush and Karl between a great political tradition in Rove and the Republican leadership here, the independence of the Senate, the United States that seeks to find and their quest for absolute control the independence of the judiciary from the common ground, do the common over who goes to the Supreme Court an administration that is just hell-bent good, and we have a new ethic on any and to the judgeships across this coun- for leather determined to get its way. given issue, where any means justifies try. This is about carrying, beyond this Heavens knows what leverage will be the ends of victory no matter what. It branch of Government, power into an- exerted in these next hours as we see so is a new view that says, if you don’t other branch of Government that is much on the table, with military bases like the facts, just change them. If you supposed to be separate. This is about closing and other issues—who knows? can’t win by playing by the rules, just the gratification of immediate ideolog- Independence of the Senate, a special rewrite them. Witness what happened ical goals and the pursuit of power, re- institution in our Government, a place with TOM DELAY. The new view says if gardless of the long-term consequences where things purposefully slow down, you can’t win a debate on the strength to the Senate, the Congress, or the where they find their balance—that is of your arguments, then go ahead and Constitution of the country. To get what the Senate was created for. demonize your opponents regardless of what they want, the leadership has ac- It is surprising and disturbing that whether it is true. The new view says it quiesced to outside forces. Not even the members of the Republican leadership is okay to ignore the overwhelming precedents and history and quality of know what is at stake, but they have public interest as long as you can get this institution are guiding them. It is actually worked with the Republican away with it. an outside hand. administration to spreads things that This time the Republican leadership As John Danforth, with whom many aren’t true. I don’t know what hap- has gone the farthest to get away with of us had the privilege of serving here, pened to truth around here. I don’t it, hoping to convince Americans that a greatly respected former Republican know what happened to truth in the by breaking the Senate rules, they are Senator—he was George Bush’s choice discussion of great issues before this actually acting to defend the Constitu- as a special envoy to Darfur. He was country. tion, honor the words of our Founding George Bush’s choice to go to the But the truth is, in the end, none of Fathers, and avert a judicial crisis. United Nations. He is, above all, as all the constitutional issues that have This debate is not fueled by an effort of us know, a man of enormous faith, a been put forward—and today’s Repub- to protect the Constitution. It is fueled respected minister, and a leader in his lican leadership—none of them stand by ideology. It is not fueled by a short- church. Here is what he wrote a few up. They do not stand scrutiny. They age of judges on the bench because, as weeks ago: are hollow, tortured, poll-tested state- the ranking member of the Judiciary The problem is not with people or churches ments. The whole argument about the Committee has made clear, we have that are politically active. It is with a party Constitution and up-or-down votes or the best record of appointing them and that has gone so far in adopting a sectarian ‘‘unprecedented’’—the word ‘‘unprece- the lowest vacancies in years. agenda that it has become the political ex- dented’’ has been used. They sound The facts have been repeatedly tension of a religious movement. good, but they are not true, and we cleared up, again and again, and re- So spoke Senator John Danforth, Re- know it. Yet Senators continue to fall peatedly they are brushed aside with publican. in line, turning out the script, turning the old adage that if you throw enough Yet, despite Senator Danforth’s out the phases that have to be re- mud and you repeat something that is warning, most of my colleagues stay peated. It is not a true representation not true enough, enough people may right on script in this fight for history, of the Constitution, of history, or the come to believe it. Over 95 percent of this fight for principle, and this fight rights of Senators. all judges already approved. I have for rights. On script, they allow our Personally, I believe there would be a been here since 1985 and I have prob- cherished principles to be abused and lot more outrage in the Nation and in ably voted for a thousand judges. I

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5488 CONGRESSIONAL RECORD — SENATE May 19, 2005 have not counted them all. For Ronald any President is so special as to be ex- that the Constitution mandates the Reagan, for George Herbert Walker cused from the scrutiny of the minor- will of the majority always trumps the Bush, for President George Bush. What ity or granted immunity from the tools minority, I don’t hear the wisdom of have we got? Ten who have not been of democracy that protect that minor- our Founding Fathers. I don’t see or confirmed? ity. hear a respect for what happened in The Bush administration and their I didn’t win, but I can guarantee this: 1795. I don’t hear the same blind activ- allies in Congress hope to get away Had I been President, I would not have ism that characterizes the judges they with this by selling words to the public contemplated supporting or sending a intend to enforce on the Federal bench. on a ‘‘team’’ the public would never request to change what I have viewed The actions of some Senators, in fact, buy if there was a referee who put real as something of value in the entire today come closer to rewriting the facts in front of the American people. time I have been here in the Senate. Constitution than defending it. Unfortunately, words with great mean- Never would have occurred to me. It Another argument we have heard is ing—Constitution, Founding Fathers, would have occurred to me to send peo- that the filibuster itself is unconstitu- history, precedent—all of these are ple up here who could win the support tional. That has been made. That argu- being twisted and cheated of their full of people on both sides. It would have ment is deeply flawed. The Constitu- meaning and of their full import in the occurred to me to bring the members of tion in Article I, section 5 granted each process. the Judiciary Committee together and house the power to ‘‘determine the In the end, the American people are sit them down and work together to rules of its proceedings.’’ That is the being underestimated by this adminis- come to a common understanding of Constitution of the United States. tration. They may work their will what sort of standard we ought to Every Senator went down there, here; I don’t know yet. We do not apply and let the American people raised his or her hand, and swore to de- know. Certainly they have a lot of share that standard. fend the Constitution. And the Con- cards to play. But in the end, Ameri- There is nothing in our Constitution stitution says we have the power to de- cans value the Constitution, and over or in history to suggest the President termine our rules and we have a rule time this will be felt. In the end, Amer- ought to be granted immunity from the by which we determine the rules, and icans understand that the strength of tools of democracy. And that is what the current rule says you have to have our democracy is best judged by the en- will happen. a supermajority to change the rules. during strength of our minority and its My colleagues are well aware that But, no, in the flush of victory, in a ability to be heard. And Americans the power of advice and consent is moment of ideological excess, people cherish the ability of the minority to granted to the Senate and the Con- are going to come in and change the be heard. stitution says absolutely nothing rule by breaking the rule of the Senate When Americans first heard the term about how the Senate will proceed to that the Constitution itself enshrines. ‘‘nuclear option,’’ they kind of re- provide advice and consent. And the Shame. That is a disgrace to the oath coiled—appropriately. They were con- words advice and consent are there in and a disgrace to the history and a dis- fident that dismantling the filibuster their duality because advice is one grace to what this institution stands and silencing the minority would have thing and consent is another. You can for and to the quality of our democracy as catastrophic an effect on our democ- withhold your consent or you can give that we export at the lives of young racy as a nuclear blast would on our se- your consent. You can say yes, or you Americans abroad. It is wrong, fun- curity. But the majority’s action was can say nothing if you do not vote. And damentally wrong. not to back off and to say, okay, we if you do not vote, you have withheld Over the past 200 years, our prede- will play by the rules. The majority’s your consent. reaction was to change the slogan. So cessors in the Senate have taken the It didn’t take long before the new role of ‘‘consent’’ very seriously. They in an act of transparent hypocrisy, the Congress exercised its constitutional minority changed the slogan from ‘‘nu- have created time-tested rules to as- powers in 1795. Senators who were sure the rights of the minorities and to clear option’’ to ‘‘constitutional op- friends and colleagues of the Founders tion.’’ George Orwell would be pleased. balance the power of government. With themselves, who surely knew their in- a hold, a so-called hold, a single Sen- They embarked on a series of hollow tent, turned around and defeated arguments based on mythical constitu- ator can delay a Presidential nominee. George Washington’s nomination of A single committee chairman can tional provisions confident that if you George Rutledge to be the Chief Jus- just say it, somebody will believe it. block a nomination by simply refusing tice of the Supreme Court. In 1968, Re- to hold hearings. You can change the slogan, but you publican Senator Robert Griffin cap- cannot change the fact that dimin- I saw Senator Helms do that any tured the spirit of that event when he number of times. I tried to get a hear- ishing the rights of the minority di- said: minishes the spirit and the substance ing. We tried to get the possibility of a That action in 1795 said to the President of our Constitution and the foundation Governor of the United States of Amer- then in office and to future presidents, don’t ica, the Governor of Massachusetts, of our Government. Argument after ar- expect the Senate to be a rubber stamp. We gument put forward by the Bush Re- have an independent and coequal responsi- Bill Weld, nominated to be the Ambas- publican leadership is just plain false. bility in the appointing process and we in- sador to go to Mexico. Senator Helms: False. I have heard it argued that our tend to exercise that responsibility as those no hearing. Wouldn’t hear of it. It Constitution mandates specific pro- who drafted the Constitution so clearly in- could not happen. Nomination killed. tocol of voting for judges. No. They tended. What is this game that is being have used their new catchphrase, up- The Constitution did not mandate a played back and forth about who said or-down votes, hundreds of times in re- rubberstamp for George Washington what, when? We all know how this cent days. But those words do not ap- and the Constitution doesn’t mandate place has worked all these years. These pear once in our Constitution. They are a rubberstamp for George Bush today. rules were not created by the Demo- not even subliminally in the Constitu- In 1795, the rejection of Washington’s cratic Party when George Bush was tion in the advice and consent and sep- nominee was heralded as the Constitu- elected President. The filibuster was arateness of power given to the Senate tion working, not failing. There is no used as early as 1790 by Senators from and the right of the Senate to make its doubt that an active, coequal partner- Virginia and South Carolina who fili- own rules. ship was intended. That resounding re- bustered against a bill to locate the No one should be fooled. Those jection of George Washington, our rev- first Congress in Philadelphia. That phrases do not mean constitutional. olutionary leader, helped to seal the was a filibuster of one because in 1790, They do not mean democratic. They do death of the monarchy in this country. as Senator BYRD has pointed out, you not mean fair. They are phrases that The genius of empowering the Senate needed unanimous consent to end the are code for dissent-proof, minority- and the minority was that by limiting debate. They did change that rule, but proof, and filibuster-proof. There is the executive, the Senate legitimized they changed that rule by using the nothing in our Constitution or our his- the executive. So when I hear my col- rules of the Senate, not by breaking tory to suggest that the nominee of leagues come to the Senate arguing them.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5489 Think about it. Those legislators and The integrity of this Senate is does not make it all right, but it is the friends and even the Founders them- threatened when the majority at- way it works as we fight this process of selves permitted a filibuster of one. tempts to change the rules by breaking finding people who meet the consensus Knowing that, today’s activist argu- the rules. The balance of power is of the Senate. ments buckle under the weight of his- threatened when the power of advice Did you hear the minority then hide tory. The unfortunate truth is that and consent is gutted. It will be gone. behind a mythical constitutional some Senators have now fashioned Whatever nominees they want will be value? No. Did you hear the minority themselves as activist legal scholars confirmed, unless you happen to find a stand up and assert a constitutional using a false reading of the Constitu- few people who will stand up to the violation or the rules of the Senate tion to paint their opponents as ob- pressure exerted on their States’ need ought to be changed? No. The majority structionists while pursuing their po- or their reelection need or the other leader himself has voted to filibuster a litical agenda at the expense of our de- needs that the Founding Fathers want- nominee. It does not matter whether it mocracy. ed to protect Senators against. is 1, 2, or 10 filibusters, a filibuster is a I think some of my colleagues forget Our democracy is threatened when filibuster. that the Senate was designed specifi- we set the dangerous precedent that President Johnson’s nominee to be cally to be the moderating check on a minority rights will be silenced at the Chief Justice of the Supreme Court, President. And guess what. We have convenience of the majority. I believe Abe Fortas, was defeated with a fili- done unbelievably well as a nation our courts and the justice this rule is buster. these 200 years. We are the envy of peo- meant to deliver are threatened, in the Tennessee Republican Howard Baker ple all across this planet. There is not end, by some of these judges who have articulated the minority’s position one of us whose heart does not fill with been nominated. saying: pride, who is not astounded at what we As I said, that is not what this is fun- The majority is not always right all of the can do and have done, and what we can damentally, in the end, about. It is time. And it is clear and predictable that the achieve in America, and the stories of about getting everything you want people of America, in their compassionate individual Senators in this Chamber when you want it. wisdom, require the protection of the rights who have risen from adverse cir- I will wrap up in a moment, Mr. of the minority as well as the implementation of the will of the majority. cumstances, and nothing, to be able to President. represent people in their States. It is a Some of my colleagues have argued Throughout our history, Presidents stunning story. It is a story based on that Democrats filibuster these judges and majorities have always had to gov- that respect for the law and based on because we simply dislike them or dis- ern a nation where minority rights are the mutual respect that has always agree on ideology or policy. Well, there protected. Until this day, Presidents of guided this great institution. I think may be some disagreement on things the majority have respected that tradi- some of my colleagues have lost track they have said or the way they have tion. They were humbled by it. They of that. approached their courts. We saw what were inspired by it, by the lessons of My colleagues also forget, as they de- Attorney General Gonzales has said history that colleagues seem to have monize the filibuster, it has been a about Priscilla Owen, that her dissent forgotten today. force for the good. Farmers don’t for- in In re Jane Doe was an ‘‘unconscion- In 1937, President Roosevelt at- get that. There are a lot of farmers in able act of judicial activism.’’ But the tempted to court pack and assert his the Midwest in our country. They don’t point is, we have confirmed countless influence. His own party said no. forget when Senators from rural States judges with whom we disagree on Thomas Jefferson once attempted to used the filibuster to force Congress to countless issues. If we have confirmed impeach a Supreme Court Justice who respond to a crisis that left thousands over 200 judges of the President of the disagreed with his political agenda. His of farmers on the brink of bankruptcy United States, you know we do not own party said no. in 1985. The big oil companies don’t for- agree with them on many of the issues When my colleagues complain of lack get it. That don’t forget when Senators that they brought to the bench, but of precedent, remember those prece- used the filibuster to defeat massive they brought a fundamental fairness or dents. They were fair, and they were tax giveaways that they were lobbying they brought a record that we did not just. They respected the Constitution for in 1981. And I don’t forget it, when, believe ought to be disputed. and they defended the judiciary. Our 10 years ago, I came to the floor and I think we have shown our good faith predecessors stood up to their own filibustered to prevent a bill that on the approach to the confirmation of party leaders because they valued the would have gutted public health and judges. We have confirmed countless real strength of our democracy more safety and consumer and environ- judges because we believed they were than the short-term success of a polit- mental protections. That bill never impartial and responsible arbiters of ical agenda of the moment. And the passed, and we know the country is the law. It is an activist judge, it is a question for all of us here is: Are we better for it. judge with a particular—many of the going to live up to that test? Some Senators come to the floor arguments have been made; I am not Recent predecessors of Senate Repub- with a practical argument about our going to go through them now—but licans have repeatedly urged respect courts. They claim that because we those arguments have been eloquently for this—their own party Members, have not rubberstamped each and every made with specificity as to these few Members of the Republican Party, peo- one of George Bush’s nominees, the Na- judges. It is judges who want to rewrite ple of extraordinary respect and even tion faces a crisis because of a shortage our laws from the bench whom we be- reverence. Former Republican Major- of judges on the bench. It is not true. lieve are unqualified for a lifetime ap- ity Leader Howard Baker said, destroy- How can you keep coming to the floor pointment. And we stand against them, ing the right to the filibuster: of the Senate saying things that are Mr. President, not as a threat to the would topple one of the pillars of American just plain not true? Constitution, but in defense of the Con- democracy, the protection of minority rights Over 95 percent of the President’s stitution. from majority rule. nominees have been confirmed. Our We have also been accused of unprec- Former Senator Chuck Mathias said: courts today have the lowest vacancy edented acts with respect to these The Senate is not a parliamentary speed- rate they have had in years. Enough of nominations. Well, I am not going to way, nor should it be. that argument. go back into all that history. A lot of Former Republican Senator Bill What is threatened is a delicately my colleagues have talked about it in Armstrong said: balanced system that for 214 years suc- the last days. But you just cannot Having served in the majority and in the cessfully prevented the Executive from come out here with a straight face, on minority, I know it’s worthwhile to have the usurping power that was granted in either side—both sides have engaged in minority empowered. As a conservative, I good faith by the American people. And delaying some nominees—many of think there is a value to having a constraint that threat manifests itself in this nu- them were not even allowed out of the on the majority. clear option that threatens the char- committee when President Clinton was My colleagues should defend their acter, the core of this institution. in. Waited years; never got out. That judges, but do it without tearing down

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While years of wisdom and sacrifice that As the name suggests, the result of the written rules establishing the Sen- raised this Nation from tyranny and this threat is nuclear, but in many ate filibuster were not adopted until chaos and spread freedom across the ways it is also a timebomb. It is a 1806, the practice existed even in the globe. Our Founding Fathers would timebomb because, while the action first Congress. Historical records indi- shudder to see how easily forces from will be visible now, it will do irrep- cate that in 1790, Senators from Vir- outside of the mainstream now seem to arable damage to the future of this ginia and South Carolina engaged in a effortlessly push people toward conduct country. filibuster, and it has continued since the American people don’t want for Its potential effects on the oper- then. their elected leaders, abusing power, ations of the United States are well The first well-documented filibuster inserting the Government into our pri- known. But here I want to address my was conducted in 1825 by Senator John vate lives, injecting religion into de- comments to the American people be- Randolph of Virginia. For several days, bates on public policy, jumping cause they are going to pay the price Senator Randolph filibustered Presi- through hoops to ingratiate themselves for the change if it takes place here. dent John Quincy Adams’ economic to their party base, while step by step The majority leader insists on break- agenda. That was in 1825. During the and day by day real problems that keep ing the rules in order to give several 19th century, there wasn’t even an op- American families up at night fall by people, some of whom deserve far tion of a cloture to end the filibuster. the wayside in Washington. greater review, lifetime appointments It continued as long as people had the Congress and our democracy itself as high-ranking Federal judges. They breath and stamina to continue. There are being tested this week and next and could be on the bench for 30 or 40 years, was no way to stop determined Sen- will be tested in this vote. We each and they will make decisions about ators from engaging in an unlimited have to ask ourselves individually, as a your lives, your families, your rights, debate. Then, in 1917, the cloture rule matter of conscience, what are we pre- and the future of your children. They was adopted, which established a proce- pared to do? I have attended the Senate will make decisions about our lives, dure to end debate only upon a vote of prayer breakfast with colleagues here. such as: Will clean air rules be enforced a supermajority. Through all of these I know this is a place of great faith and against polluters. I hope so. I would years, through every crisis, the Amer- a place of real concern. I ask my col- like to know my grandchildren can ican tradition of the filibuster has en- leagues to look into their souls and ask breathe the air and not be harmed by dured. It endured through the War of themselves, is this the right thing to it. I have one grandchild who is asth- 1812, the Civil War, Reconstruction, be doing for the long-term interests of matic. My daughter, when he goes to two world wars, the Great Depression, our Nation? play a game or engage in a sport, al- the civil rights movement. Yet because For those in this Chamber who have ways checks to see where the nearest of a few of President Bush’s judicial reservations about the choices their emergency clinic is. nominees, we are being asked to throw leadership has made and worry about So do we want to leave our kids with out the filibuster safeguards of the the possible repercussions on our Con- air that is polluted, with drinking huge minority. It makes no sense. stitution and democracy, stop over the water that is contaminated? Will we We have heard claims that it is un- weekend and look at history and find have health care? Will we still have precedented to mount a filibuster on a the courage to do what is right. His- strong constitutional rights? That is judicial nominee. It can be said, but it tory has always remembered and found what this is about. We got lost in how is wrong, and the evidence is on the a place for those who are courageous, long the filibuster rule has been in ef- Senate’s own Web site. and it will remember the courageous fect and how devastating it will be on I quote from a statement made ear- few who live up to their responsibility the process. But it goes much deeper lier by the senior Senator from Mis- now and speak truth to power when the than that. These are critical questions, souri. Mr. BOND said: and these are the judges who will be Senate is tested, so that power doesn’t Mr. President, I think the facts are clear. go unchecked. answering those questions. They might You have heard this many times. Almost ev- The Senate and the country need even one day be asked to help elect a erything has been said but not everybody has Senators of courage who are prepared President. said it, so I want to go over some of the facts to make their mark on history by When I was a soldier 60 years ago and that I think are very, very important. For standing with past profiles in courage we dropped the earliest version of the 214 years, judicial nominations have come to and defending not party, not partisan- nuclear bomb, called the atom bomb, the Senate floor and have been considered ship, but defending principle, defending we celebrated. We knew we could save without filibuster. the Constitution, and defending democ- thousands of Americans from dying in I ask unanimous consent that a table racy itself. the fight to vanquish our then enemy, that shows there were 14 judges whose I yield the floor. Japan. nominations were filibustered since The PRESIDING OFFICER. The Sen- With this nuclear option, the major- 1968 be printed in the RECORD. ator from New Jersey is recognized. ity leader is threatening to annihilate There being no objection, the mate- Mr. LAUTENBERG. Mr. President, over 200 years of American tradition in rial was ordered to be printed in the when I first came to the Senate, our the Senate by getting rid of the right RECORD, as follows: TABLE 3.—NOMINATIONS SUBJECTED TO CLOTURE ATTEMPTS, 1968–2002 [Executive branch nominations in roman; Judicial nominations in italic]

Cloture mo- Congress and year Nominee Position tions filed Outcome of cloture attempt Disposition of nomination

(1) 90th, 1968 ...... Abe Fortas ...... Chief Justice ...... 1 rejected ...... withdrawn (2) 92nd, 1971 ...... William H. Rehnquist ...... Associate Justice ...... 2 rejected ...... confirmed 96th, 1980 ...... William A. Lubbers ...... General Counsel, National Labor Relations 3 invoked ...... confirmed Board. 96th, 1980 ...... Don Zimmerman ...... Member, National Labor Relations Board ...... 3 invoked ...... confirmed (3) 96th 1980 ...... Stephen G. Breyer ...... Circuit Judge ...... 2 invoked ...... confirmed (4) 98th 1984 ...... J. Harvie Wilkinson ...... Circuit Judge ...... 2 invoked ...... confirmed (5) 99th, 1986 ...... Sidney A. Fitzwater ...... District Judge ...... 1 invoked ...... confirmed 99th, 1986 ...... Daniel A. Manion ...... Circuit Judge ...... 1 withdrawn ...... confirmed (6) 99th, 1986 ...... William H. Rehnquist ...... Chief Justice ...... 1 invoked ...... confirmed 100th, 1987 ...... Melissa Wells ...... Ambassador ...... 1 invoked ...... confirmed 100th, 1987 ...... C. William Verity ...... Secretary of Commerce ...... 1 invoked ...... confirmed

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Cloture mo- Congress and year Nominee Position tions filed Outcome of cloture attempt Disposition of nomination

(7) 102nd, 1992 ...... Edward Earl Carnes, Jr...... Circuit Judge ...... 1 invoked ...... confirmed 103rd, 1993 ...... Walter Dellinger ...... Assistant Attorney General ...... 2 rejected ...... confirmed 103rd, 1993 ...... five nominations 1 ...... State Department ...... 2 rejected ...... confirmed 103rd, 1993 ...... Janet Napolitano ...... U.S. Attorney ...... 1 invoked ...... confirmed 103rd, 1994 ...... M. Larry Lawrence ...... Ambassador ...... 1 fell 2 ...... confirmed 103rd, 1994 ...... Rosemary Barkett ...... Circuit Judge ...... 1 withdrawn ...... confirmed 103rd, 1994 ...... Sam Brown ...... Ambassador ...... 3 rejected ...... returned to president 103rd, 1994 ...... Derek Shearer ...... Ambassador ...... 2 invoked ...... confirmed 103rd, 1994 ...... Ricki Tigert ...... Board Member and Chair, Federal Deposit In- 2 invoked ...... confirmed surance Corporation 3. (8) 103rd, 1994 ...... H. Lee Sarokin ...... Circuit Judge ...... 1 invoked ...... confirmed 103rd, 1994 ...... Buster Glosson ...... Air Force Lieutenant General (retired) ...... 1 withdrawn ...... confirmed 103rd, 1994 ...... Claude Bolton, Jr...... Air Force Brigadier General ...... 1 vitiated 3 ...... confirmed 103rd, 1994 ...... Edward P. Barry, Jr...... Air Force Lieutenant General (retired) ...... 1 vitiated 3 ...... confirmed 104th, 1995 ...... Henry Foster ...... Surgeon General ...... 2 rejected ...... no final vote 105th, 1997 ...... Joel I. Klein ...... Assistant Attorney General ...... 1 invoked ...... confirmed 105th, 1998 ...... David Satcher ...... Surgeon General ...... 1 invoked ...... confirmed (9) 106th, 1999 ...... Brian Theadore Stewart ...... District Judge ...... 1 rejected ...... confirmed (10) 106th, 2000 ...... Marsha L. Berzon ...... Circuit Judge ...... 1 invoked ...... confirmed (11) 106th, 2000 ...... Richard A. Paez ...... Circuit Judge ...... 1 invoked ...... confirmed (12) 107th, 2002 ...... Lavenski R. Smith ...... Circuit Judge ...... 1 invoked ...... confirmed (13) 107th, 2002 ...... Richard R. Clifton ...... Circuit Judge ...... 1 invoked ...... confirmed 107th, 2002 ...... Richard H. Carmona ...... Surgeon General ...... 1 invoked ...... confirmed (14) 107th, 2002 ...... Julia Smith Gibbons ...... Circuit Judge ...... 1 invoked ...... confirmed 107th, 2002 ...... Dennis W. Shedd ...... Circuit Judge ...... 1 vitiated 3 ...... confirmed 1 These five nominations to various positions in the State Department received consideration and cloture action concurrently, and are counted as one case in the table. 2 Cloture motion became moot and received no action. 3 Tigert was nominated simultaneously for these two positions, and cloture action took place on each nomination in turn; the table counts these events as one case. 4 Senate unanimously consented to treat the cloture motion as having no effect. Sources: Compilations by CRS and by the Senate Library; Legislative Information System of the U.S. Congress; U.S. Congress, Senate, Committee on Rules and Administration, Senate Cloture Rule, committee print 99–95, 99th Cong., 1st sess. (Washington: GPO, 1985), pp. 44–70, 78–85; Congressional Record (Daily Digest); and Congressional Quarterly Almanac for 1986, 1987, 1992, 1995, 1999.

Mr. LAUTENBERG. Mr. President, Another small State— know, the filibuster was immortalized the Senate Web site points to one inci- had two votes among the original 13, and in the film ‘‘Mr. Smith Goes to Wash- dent from 1964 to the present time. Oc- New York and Massachusetts and Virginia ington.’’ Here we see a picture of tober 1, 1968: ‘‘Filibuster Derails Su- had two votes. Jimmy Stewart as he played Senator preme Court Appointment.’’ Why don’t The modern Senate reflects the same Smith. He used the filibuster to protect our colleagues on the other side take types of disparities in population as the interests of his constituents back their heads out of the sand, open their the original Senate. My home State, home. This image shows Senator Smith eyes, read the record, and tell the pub- for instance, New Jersey, has a popu- in the midst of his filibuster. lic the truth? lation that is greater than Alaska, Wy- From some of the things we have In 1968, Abe Fortas, Supreme Court oming, Kansas, North Dakota, South heard from the majority leader, you Justice, was filibustered. The Senate Dakota, and Mississippi combined. But might think Mr. Smith was the bad failed to invoke cloture on Fortas. New Jersey only gets two votes in this guy in that film. No, Mr. Smith, as a There were only 45 votes for cloture. body, and each one of those States I filibustering Senator, is not only the Some say this is proof that a majority mentioned also gets two votes. So it is good guy, but he is the hero of that of the Senators did not support Fortas. not surprising that when you do the film. That film is a celebration of our But President Johnson thought other- math on the current Senate, you find American democracy. It is a celebra- wise, noting that 12 Senators were ab- that the majority is actually in the mi- tion of this Senate, the world’s great- sent for the cloture vote. And here nority, and the minority is the major- est deliberative body. But if the majority leader is successful in ending the from 1968 is a page 1, first-page head- ity. line in the Washington Post. It says: Here is what I mean very simply put. filibuster, in ending the representation that the huge minority deserves, we ‘‘Filibuster Derails Supreme Court Ap- The Republican caucus with 55 Sen- will move from the world’s greatest de- pointment.’’ ators and with each Senator getting liberative body to a rubberstamp fac- A full-dress Republican-led filibuster broke half of the vote in that State rep- tory. out in the Senate yesterday against the mo- resents 144 million people. The Demo- tion to call up the nomination of Justice Abe The Constitution gives us an active Fortas for Chief Justice. cratic caucus with 45 Senators rep- role in the nomination process. The resents 148 million people. The first The public ought to know what is Senate is not a mere formality under one, 144 million; the second one, 148 being said. Unfortunately, in the ur- the Constitution. The Founding Fa- million—that does not look like much gency to get this done, they are not thers intended the Senate to be a check of a minority to me. That is what we being accurate in the things that are on the President’s power. We hear our are looking at. said by the Republican majority. colleagues on the other side pleading So in 1968—note this, people across Mr. President, what you find is the for a majority vote; let the Senate act the country—on a nomination to be the minority in this body, the Democratic as it should. most influential judge in the country, caucus, represents more than the ma- The Senate is responsible for the there was a filibuster. I am not a law- jority, and that is exactly what the quality of people we put on the courts, yer, but it seems to me that those who Founding Fathers wanted to protect— and if there is a challenge, so be it. Let say this has not happened before are minority rights in the Senate—because the majority party make the case, con- guilty of factual negligence. The right a minority of Senators may actually vince us that these people are not what to filibuster is fundamental to the Sen- represent a majority of the people. So we think they are in terms of their ac- ate because the Senate was created by it is corrected by a process we have tivist views. Is it an inconvenience to our Constitution to protect the rights here. The Democratic caucus on this the President to contend with the Sen- of the minority. side of the aisle represents many more ate? Perhaps. But direct your com- Just this weekend, one of the most Americans than the Republican side. plaints to Thomas Jefferson, James distinguished Members of the Senate, That is why we have a filibuster rule. Madison, and our Founding Fathers. our colleague from Arizona, Senator That is why we generally operate by You will find they had their hands full, MCCAIN, explained it very well. Senator unanimous consent. and they knew how to deal with it. MCCAIN said: The right to filibuster is not just I know our majority leader has said: The Senate was designed to protect the mi- some obscure rule in the Senate. It is We can keep the filibuster for legislation, nority. That is why Wyoming has two votes, part of our American heritage, and it just not on nominations. and that’s why California has two votes. has been celebrated by our culture and But the American people know you That’s why Rhode Island— our folklore. As many Americans cannot sort of end the filibuster. If this

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5492 CONGRESSIONAL RECORD — SENATE May 19, 2005 nuclear option goes into place, citizens enough and what constitutes a short- the country. We do not have these food across our country understand that fall. fights in Delaware. We have the best their rights will be taken away in large In Delaware, we are proud of being judiciary. We have Democrats and we part by those who have expressed the first State. We were the first State have Republicans who serve on the themselves before they were nominated to ratify the Constitution. We did it bench. They are nominated by Repub- in matters dealing with gender, dealing December 7, 1787. The Constitution lican and by Democratic Governors. with marriage, dealing with all kinds that we confirmed at the Golden Fleece I ran into a friend of mine not long of issues on which the American people Tavern in Dover, DE, had been ham- ago who has loosely been following this have a right to have a view. mered out about 75 miles north up the debate on judicial nominations. He No, this now says we are just going road in Philadelphia. The last part of asked: Why do you not confirm more of to do it for the judges. Beware, once the Constitution that was hammered the President’s judicial nominees? And that barn door opens, we are going to out, maybe one of the more difficult I said: How many do you think we have see all kinds of changes. You cannot aspects of the Constitution, was not confirmed, or what percentage do you sort of end the filibuster. You either only who is going to be President, how think we have confirmed? have to keep the filibuster or you end are we going to pick the President, how He said: Maybe half. it. long will their terms be. That was And I said: No, no my friend, 95 per- Would the majority leader like to re- worked out. They did not get caught up cent. name the Jimmy Stewart film, ‘‘Mr. in how old does one have to be to be a He said: Really? Do you not have a Smith Goes to Washington Except for Senator or how old does one have to be lot of vacancies on the Federal judici- Judges’’? to be a Representative, how long are ary bench? Speaking of popular culture, the big- the terms going to be. That was I said: No. We have one of the lowest gest film of the year is opening this worked out. What was hardest to work vacancy rates we have had in years. week, ‘‘Star Wars: Revenge of the out in the Constitutional Convention, I asked him in return: While we have Sith.’’ This is one of the characters in almost harder than anything else, was confirmed over the last 4 years 95 per- that film. He is portrayed here on this how we are going to pick these judges. cent of President Bush’s nominees to chart. He is the leader of the Senate in There were some folks at the Con- the bench, what percentage of Presi- a far-off universe. In this film, this stitutional Convention, led by Ben dent Clinton’s nominees do you think leader of the Senate breaks rules to Franklin, who were fearful we would were confirmed during his first 4 years? give himself and his supporters more end up in this country with a king. We Well, I do not have a chart here that power, and after this move from the may not call him a king or we may not says what the answer to that question Senate leader, another Senator states: call her a queen, but we would end up is, but just to remind us all, from 2001 This is how liberty dies. with a king. They were dead-set deter- to the beginning of this year, 95 per- One film critic described this film as mined to make sure we did not do that. cent of President Bush’s nominees have a story of ‘‘how a republic dismantles If we read through the Constitution, been confirmed. its own Democratic principles.’’ it is an intricate set of checks and bal- If I had a magic marker I would As millions of Americans go to see ances that are designed to make sure make a big yellow line through this this film this week and in the weeks that we have a President but we do not and write in 81 percent because that is ahead, I sincerely hope it does not mir- have a king. With those sets of checks the percentage of President Clinton’s ror actions being contemplated in the and balances, the Constitution has nominees that were confirmed in his Senate. I say to my colleagues, do not served us extraordinarily well. first 4 years. let liberty die. I urge my colleagues, on The Constitution also said, in addi- There is a great irony. I am told we behalf of the American people—and I tion to having a House and a Senate never heard a peep or a squeak from ask the American people to express and how one gets elected to serve and our friends on the other side of the themselves on this—do you want to how long they serve, it also said the aisle during the first Clinton adminis- give up your rights, do you want to House and Senate could each set out tration when his nominees were denied give up your rights to protect your their rules. The Constitution does not a vote on the floor. It was not because children against a foul environment? say what the rules of the Senate are. It of a filibuster. They were denied a vote Do you want to give up your rights to says we can write our own, and we have on the floor because somebody on the be able to work in a safe environment? done that. other side of the aisle in the Senate Ju- Do you want to give up your rights to We heard earlier this afternoon about diciary Committee would not let a decide on questions such as war and how the rules have been changed with hearing be held, not on one or two peace? I urge do not let it happen. I respect to invoking cloture to end de- judges nominated by Bill Clinton but urge my colleagues to oppose any at- bate. Before 1917, Senators could not on scores of them. They would not have tempt to break the Senate rules and invoke cloture. Another Senator could a hearing. They would not let a nomi- destroy over 200 years of American tra- talk literally as long as they could nee out of committee. They did not dition. We must save the United States stand. From about 1917 to 1975 or so, have to kill them on the floor in a fili- and the interests of our country as a the rule was that there had to be buster. They did it in committee, whole. roughly a two-thirds supermajority to quietly, out of the view of the public. I yield the floor. be able to end debate. Using the rules Now, why just a few years ago was it The PRESIDING OFFICER (Mr. of the Senate to effect change, the okay to deny 19 percent of President BURR). The Senator from Delaware. rules were changed to say, no, a three- Clinton’s nominees an up-or-down vote Mr. CARPER. Mr. President, I have fifths majority, 60 Senators, is needed on this floor? Why was that okay? And served in the Senate for a bit over 4 to bring debate to a close. why is it with this President—he re- years. When I came, I never imagined I It is interesting how we confirm our ceived 95 percent of what he wants and would stand on this floor and defend a judges in Delaware. Governors nomi- actually in the end he will get more filibuster. I came to try to make sure nate with the advice and consent of the than that. There are a couple from we preserve jobs and bring in new ones, Senate. We do not nominate people to Michigan that we are going to confirm. to make sure kids got a new education, lifetime terms on the bench. We nomi- Some of the 10 have basically with- to make sure we brought down the nate them to 12-year terms. The re- drawn their names or retired from the costs of health care and made it afford- markable thing in Delaware is for bench. able and extended to a whole lot more every—and I served 8 years as Gov- The figure of 95 percent actually un- people, that we ran a fiscally sound ernor—Democrat I nominated to the derstates what ultimately this Presi- ship of state, and that we provided for bench I had to nominate a Republican. dent will realize in confirmation vic- the security of our Nation. I came for We are equally balanced Democrat and tories. all of those things. I never imagined I Republican. The other number I want to share, would be standing in a food fight on In survey after survey, the Delaware talking about advice and consent, is how we are going to approve these legal environment, including our judi- 2,703. This number is 1. What do they judges, how many confirmations are ciary, is regarded maybe as the best in refer to? During the first 4 years of

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5493 President Bush’s presidency, he nomi- amendments, we can do it on bills. It is Mr LEAHY. Mr. President, today we nated over 200 judges. Republicans and a slippery slope. But there is an even continue to debate the Republican Democrats voted on those judges. greater concern to me, as a guy who Leader’s bid for one-party rule through There were 2,703 aye votes from the Re- wants to get things done. his insistence to trigger the ‘‘nuclear publican side of the aisle on President I see Senator LEAHY is here. He is option.’’ I spoke yesterday about this Bush’s judicial nominees. In those 4 working with Senator SPECTER on as- misguided effort to undercut the years, there was one nay vote from the bestos litigation reform. We need to checks and balances that the Senate Republican side of the aisle on a judi- pass that litigation. We need to right a provides in our system of Government, cial nominee of this President. wrong. My fear is, if we take this step, and about the need to protect the We can argue forever what advice and trying to work out a very difficult rights of the American people, the consent really was meant to be when compromise on that legislation will be independence and fairness of the Fed- the Constitution was written. But if we made more difficult, not easier. We eral courts, and minority rights here in are in a situation where 50 percent plus need to address the rising cost of the Senate. 1, 51 percent, would enable a nominee health care and all the folks who do I started my statement yesterday by of this President or any other Presi- not have it and cannot afford it, and commending the chairman of the Sen- dent to go on to serve for life on the employers are stopping providing it. ate Judiciary Committee. Today I want Federal bench, and if you look at the We need a comprehensive energy policy to add and thank a number of Senators last 4 years and only 1 person out of in this country. It is tough in the best who participated throughout the de- 2,704 votes was no, does that give you of times to hammer that out. bate yesterday for their contributions: Mr. LEAHY. Will the Senator from any kind of confidence that we are the Democratic leader; the assistant Delaware yield? Democratic leader and senior Senator going to see any sort of checks and bal- Mr. CARPER. I am happy to yield. ances going forward? It doesn’t give me from Illinois; the senior Senator from Mr. LEAHY. I absolutely agree with Washington; both Senators from Cali- much. the Senator from Delaware. We have a I do not care if you are a Democrat fornia; the senior Senator from New lot of bipartisan legislation that is not York; the senior Senator from Mon- or Republican, it should not matter. It even being looked at. The NOPEC bill should not matter who is in the White tana; the senior Senator from Min- is one, with Senator DEWINE, Senator nesota, the senior Senator from Massa- House or the House and Senate. But KOHL, myself, and others. We looked at when you get a situation where you chusetts and Senator DORGAN. the fact that gasoline prices have gone I noted yesterday that this is a set- have one party that controls the White up nearly 50 percent in the last 5 years ting in which Democratic Senators House and one party controls the alone, and yet we have no constraints alone will not be able to rescue the House of Representatives and one party on artificial prices being set by the Senate and our system of checks and controls the Senate, and you have, out NOPEC countries here in the United balances from the breaking of the Sen- of 2,704 votes for judicial nominees, States. It takes more than holding ate rules that the Republican leader is only 1 Republican Senator who ever hands with Saudi princes to bring down planning to demand. If the rights of the voted no, and it was for somebody ini- prices. We have to ask for real efforts. minority are to be preserved, if the tially nominated by Bill Clinton, that This is legislation that could pass. This Senate’s unique role in our system of is something we ought to worry about. is legislation that could pass. Put some Government is to be preserved, it will Someday, someday we are going to teeth in it. Instead of holding hands, take at least six Republicans standing have a Democratic President. Someday we could hold court actions, and we up for fairness and for checks and bal- we are going to have a Democratic ma- would be somewhere ahead. That is ances. I believe that a number of Re- jority in this body. We have sayings in just one area. publican Senators know in their hearts Delaware. I bet they have in Min- The Senator from Delaware men- that this nuclear option is the wrong nesota, too. Maybe in Vermont. Among tioned the asbestos bill. Senator SPEC- way to go. I know that Republican Sen- those sayings are these: Chickens do TER and I have worked on it on a to- ators with whom I have been privileged come home to roost; the beds that we tally bipartisan fashion with Senators to serve know better. I hope that more make are some days the beds that we on both sides of the aisle. We have a than six Republican Senators will get to sleep in; what goes around comes bill that could pass. It would take some withstand the political pressures being around. effort on the floor. It would take a brought to bear upon them and do the I promise you, I promise you, my week or so, but it could pass. Victims right thing, the honorable thing. I have friends, if a decision is made to pull of asbestosis would be helped. Compa- to believe that enough Republican Sen- this trigger, this nuclear option, and nies would have some idea what their ators will put the Senate first, the Con- we end up with a situation where the costs are. The economy would dramati- stitution first, and the American peo- rights of the minority really are, in my cally improve. That bill is going to die ple first, and withstand those political view, ignored, maybe even trampled on, if the nuclear option goes through be- pressures when they cast their votes. the Republicans who do this will come cause we will lose the ability to move Today, as we continue this discus- to rue the day. bipartisan legislation. sion, I note that the Senate remains Let me close with this. I came here We have law enforcement legislation fixated on a handful of the President’s to get things done. As I look around at a time when most of the law en- most extreme and divisive judicial this floor, the other Senators who are forcement grants, such as the COPS nominees. The Democratic leader here whom I respect, I know you came grants and whatnot, are being cut by rightly said recently that the current here to get things done as well. I men- the administration. A lot of Members tally is 208 to 5. The Senate has con- tioned at the outset the kinds of things on both sides of the aisle are trying to firmed 208 of President Bush’s judicial I wanted to see us accomplish. I de- find a way to get that money back to nominees, and we are resisting action scribe myself as a recovering Governor. our police officers, the money being on five. We have a recovering mayor who is cut. We cannot have a debate on it. I included in the RECORD yesterday presiding here today. We like to work This is going to take up—you con- my statement laying out my reasons together. We would like to work across firmed 208 judges; blocked, actually, 5. for opposing the nomination of Pris- the aisle. We are even happy to work I have been here 31 years. I don’t be- cilla Owen. As we continue to debate a with the President, Democrat or Re- lieve anyone has had a record that nomination that was rejected by the publican. good. Certainly no baseball team ever Judiciary Committee in 2002 and on My fear is here is what is going to had a record that good. The President which the Senate engaged in extensive happen. If this action succeeds, if we do ought to declare victory on that, hav- debate in 2004, the Senate is neglecting change the rules of the Senate to lower ing done so much better than all but other matters. That is the choice made to 51 the votes that are needed to end about three Presidents of recent mem- by the Republican leadership, in insist- a filibuster on judicial nominations, ory, and let us get on with things. ing on this confrontation and upcom- that is a slippery slope. If we can do it Bring down the price of gasoline, for ing conflict. on judges, we can do it on other nomi- one; that is affecting the American The Democratic leader is right when nees to other posts, we can do it on people. he urges the Senate to ‘‘put people over

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5494 CONGRESSIONAL RECORD — SENATE May 19, 2005 partisanship’’ and to work to reduce of our taking up the NOPEC bill on be- delay, as well as on the general state of gas prices, make health care more af- half of the American people. police officer safety. The Fraternal fordable, create new and better jobs Another consequence of this fixation Order of Police, the International Asso- and give our veterans and their fami- on the effort to increase the White ciation of Chiefs of Police, the Na- lies the support they need and deserve. House’s political power, and to aid this tional Association of Police Organiza- Among the matters being neglected President’s attempt to pack the Fed- tions, the National Sheriffs’ Founda- in order to engage in this political ex- eral courts, is the loss in focus and sac- tion and other law enforcement organi- ercise is consideration and passage of rifice of progress we have been making zations are all interested in working the NOPEC bill, S. 555. This is bipar- on asbestos reform. For more than 3 with us to ensure that the Justice De- tisan legislation. Our lead sponsors are years I have been working on asbestos partment produces comprehensive reg- Senator DEWINE and Senator KOHL. reform to provide compensation to as- ulations that effectively create a more With the increase of gasoline prices by bestos victims in a fair and more expe- user-friendly PSOB Program. almost 50 percent during the Bush dited fashion. In addition, we should be considering Presidency, with Americans having to Chairman SPECTER and I have worked the Social Security Fairness Act, pay so much more each week to get to closely on S. 852, the FAIR Act. It is S. 619, the bill that Senators COLLINS, work, drive their kids to school and pending before the Judiciary Com- BOXER, FEINSTEIN and a number of us just to get around, the Republican mittee. We are in the midst of our have cosponsored over the years to pro- leadership of the Senate is ignoring a markup sessions. That effort was tect the Social Security and retire- substantial burden on American work- scheduled for yesterday and today, but ment of police officers. Those on the ing families. the Chairman had to cancel our consid- front lines protecting all of us from This week, the national average price eration yesterday in light of this de- crime and violence should not see their for a gallon of regular gasoline was bate and it had to be cut short today. Social Security benefits reduced be- $2.18. In Vermont, gas is slightly less That is most unfortunate. We have cause they have historically partici- expensive, but still a hefty $2.15 per been working hard and in good faith to pated in separate retirement benefit gallon. Just a year ago the price was achieve bipartisan legislative progress programs. That needs fixing and this $1.92. When President Bush took office on this issue. We have done so despite week would be an appropriate one to it was $1.46 a gallon. criticism from many quarters. That bi- take that Senate action. The artificial pricing scheme en- partisan effort is now being retarded by These are merely examples of some forced by OPEC affects all of us, and it this continuing debate. of the business matters the Republican is especially tough on our hard-work- There are many, many items that majority of the Senate has laid aside. ing Vermont farmers. Rising energy ex- need prompt attention. I understand Mr. CARPER. Mr. President, what I penses can add thousands of dollars a that the Armed Services Committee was saying, in closing, one of my great- year to the costs of operating a 100- last week completed its work on the est fears is that we end up with this head dairy operation, a price that Department of Defense Authorization partisan battle. Those of us who fer- could mean the difference between bill. Why the Republican leadership is vently want to accomplish asbestos keeping the family business open for delaying Senate consideration of the litigation reform, a comprehensive en- another generation or shutting it Defense Authorization bill I do not un- ergy bill, determining what the busi- down. derstand. At a time when we have ness model for the Postal Service With summer coming, many families young men and women in combat zones ought to be in the 21st century or the are going to find that OPEC has put an and when the home front is being af- passenger rail service in the 21st cen- expensive crimp in their vacation fected by recently recommended base tury—what should our next steps be in plans. Some are likely to stay home; closings, I would have thought the De- welfare reform? How are we going to others will pay more to drive or to fly fense Authorization bill would be a pri- provide health care coverage, reduce so that they can visit their families or ority. the costs, and extend coverage to all take their well-deserved vacations. Let me mention just one other set of kinds of people? There is a ton of stuff, Americans deserve better, and if the legislative issues. Last week was Po- so many issues we need to address. White House will not act to abate this lice Week. On Sunday I was privileged The postal bill alone—the Presiding crisis, it is time for Congress to act. It to attend the National Peace Officers’ Officer serves on the Homeland Secu- is past the time to hold hands and ex- Memorial Service commemorating the rity and Governmental Affairs Com- change kisses with Saudi princes who service and sacrifice of 154 public safe- mittee with me. We worked for years, artificially inflate the price of gaso- ty officers killed in the line of duty Senator COLLINS, myself, and others, to line. The President’s ‘‘jawboning’’ with over the last year. I worked in a bipar- determine what should the Postal his Saudi friends has proven unsuccess- tisan way with Senators SPECTER, Service look like in the 21st century. ful. It is now time to act, and the Sen- BIDEN, HATCH, BROWNBACK, CORNYN, What should the business model be? We ate, under the Republican majority DEWINE, DURBIN, FEINGOLD, FEINSTEIN, unanimously passed the bill last year leader, is choosing instead to revisit a KENNEDY, KOHL, KYL, SCHUMER, SALA- out of committee. Over in the House of handful of extreme judicial nomina- ZAR and COLLINS to introduce and pass Representatives, almost the very same tions that have already been consid- S. Res. 131, which recognized May 15 as bill was negotiated, debated, and ered and rejected by this body. Peace Officers Memorial Day and passed unanimously by our counterpart The production quotas set by OPEC called upon the entire Nation to join in committee. There was not a single continue to take a debilitating toll on honoring our law enforcement officers. ‘‘no’’ vote. We could not get either bill our economy, our families, our busi- The President spoke movingly at the to the floor for debate. And that is nesses, our industry and our farmers. ceremony held here on Capitol Hill on when we agree. Last year and again last month, the that day of remembrance. I remind my friends, if it is that hard Judiciary Committee voted to report This week we should honor our law to get legislation through the House favorably to the full Senate the bipar- enforcement officers with supportive and Senate to the President for his sig- tisan NOPEC bill. Our legislation legislative action. In the past we have nature when we agree, God help us on would apply America’s antitrust laws worked in a bipartisan way to improve difficult issues such as asbestos or to OPEC’s anticompetitive cartel. Why the Public Safety Officers Benefit Pro- comprehensive energy policy or health not give the Justice Department the gram and to provide educational bene- care or the like. clear authority to use our antitrust fits for the families of State and Fed- Finally, I have a whole lot of quotes laws against the anti-competitive, eral officers who have been killed in here. I was trying to figure who to anti-consumer conduct in which they the line of duty. Sadly, the administra- close my remarks by quoting. I looked have engaged? We should take up that tion has not yet implemented the lat- for something for the Senator from bill, debate it and pass it without fur- est round of improvements to the Pub- Minnesota, the Presiding Officer, which ther delay. The many days of the Sen- lic Safety Officers Benefit Program might seem appropriate. I couldn’t find ate’s time allocated to the provocative that we enacted last year. I have urged anything, at least on this subject, so I ‘‘nuclear option’’ comes at the expense a Judiciary Committee hearing on this turned to another source. I think it is

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5495 actually pretty good. It is not a Sen- Now, today’s debate, though we have Something changed in the last Con- ator, but he probably wouldn’t be a bad a nominee up, I don’t think is about gress. For the first time it was actually one, a fellow who has thought a lot and one particular person because clearly used. Now, in an effort to have an up- written a lot and I think is generally we have not heard arguments that this or-down vote, to have a process like I regarded more favorably on the other is an unqualified individual. As a mat- described in the last election to the side of the aisle than this one, and he ter of fact, in seeking compromise people who elected me that I would makes a lot of sense sometimes. I will there have been proffers now to this come here and try to achieve, even if close my comments today with a quote side that suggested: We will vote on we needed to make sure that the con- from George Will. Here is what he said five, but not seven, and you pick the stitutional option of eliminating the about the filibuster: two you want to chuck overboard. filibuster only as it exists for judicial The filibuster is an important defense of What message do we want to send to nominees is removed, some suggest minority rights, enabling democratic gov- that law student out there who aspires that would be disastrous for the Sen- ernment to measure and respect not merely one day to being on the bench and ulti- ate. numbers but also intensity in public con- mately seeking a nomination by the Some of those same people in 1995 troversies. Filibusters enable intense minori- President to a Federal court or to the voted to eliminate the filibuster for ju- ties to slow the governmental juggernaut. Supreme Court? If you want to do it, Conservatives, who do not think government dicial nominees, for the legislative is sufficiently inhibited, should cherish this understand you will go through per- process, for everything, and they are blocking mechanism. And someone should sonal character assassination; that in the same ones who claim this would be puncture Republicans’ current triumphalism some cases you may have to wait 4-plus disastrous to the Senate today. by reminding them that someday they will years to get there. So much has been said, so many ac- again be in the minority. In 1995, Senator LAUTENBERG stood cusations, so many claims, so many re- Will goes on to conclude: on this same floor, in this same build- visionists of history. The reality is in a The promiscuous use of filibusters, against ing, as a Member of the Senate, and he conversation I had with a high school policies as well as nominees, has trivialized said this then when talking about fair- student just this week, as she looked at the tactic. But filibusters do not forever de- ness of the system and how it is equi- me: Can you explain these actions on flect the path of democratic government. table for a minority to restrict the ma- the floor? I talked about the 214 years Try to name anything significant that an jority view: American majority has desired, strongly and that the gentleman’s agreement al- Why can we not have a straight up-or-down protractedly, but has not received because of lowed a nominee to get an up-or-down vote on this without threats of filibuster, a filibuster. vote with no filibuster and the fear without threats of filibuster. Whether it was The PRESIDING OFFICER (Ms. MUR- Robert Bork and John Tower or Clarence that we were reaching a point where we KOWSKI). The Senator from North Caro- Thomas, even though there was strong oppo- might have to make a decision, and the lina. sition, many Senators opposed them. The concern that existed in this Senate and Mr. BURR. Madam President, I rise fact is, the votes were held up or down. around the country that it might be to urge my colleagues to support an June 21, 1995. Senator LAUTENBERG. disastrous. She looked at me after I ex- up-or-down vote on these judicial Today, he denies this Senate a vote plained it to her and she said: Senator, nominees. I have a great respect for my on a judicial nominee and threatens a with 214 years of experience, it is not colleague from Delaware, and I do not filibuster on all the nominees. going to be disastrous. Why would you stand up with pretty charts with big This afternoon, Senator KERRY wait so long to do it? numbers. I am not a recovering State claimed it is dangerous for the Senate The reality is that sometimes it legislator or recovering city mayor, to limit filibusters on judicial nomi- takes years to understand what we and I hope I am never a recovering par- nees. Senator KENNEDY and Senator have a hard time understanding up ent or father. LAUTENBERG joined Senator KERRY in here. For 214 years the filibuster was I stand up as a parent today, as a fa- defending judicial filibusters. But on not used, and we picked the best and ther of two kids, with the full knowl- January 5, 1995, just shortly before, brightest and got them on the bench edge and understanding that the work Senator LAUTENBERG was on the Sen- and they guided this country and we we do up here in large measure dictates ate floor making the statement I read, have been headed in the right direc- the America that is going to be there all three of those Senators voted to tion. for them. That if we are to follow the change the Senate rules to eliminate If the choice is made and we have to strategies on that side, the chart that all filibusters on nominations, mo- choose to eliminate this tool, this is my colleague showed would never tions, legislation—everything. If any of not a dangerous thing for the institu- change because we would never vote. those three Senators had had their way tion. We have 214 years of experience. That bipartisanship that is needed for in January 1995, we would have an up- We will be just fine. And the challenge legislation—whether it is health care or-down vote on these judicial can- will be to protect that filibuster as it or whether it is energy policy or didates, but we also wouldn’t have the relates to the legislative process. whether it is asbestos reform—would ability of the filibuster as a tool in the I am here as a new member, as a fa- not be achievable because we would legislative process. ther, as a citizen, who deeply believes I never come here to register a yea or Some claim this is the start down a was sent to the Senate to get work nay on behalf of the people who sent us road to doom. It is not down the road done. That work I do on behalf of here. to doom. Senator KERRY, Senator LAU- North Carolina and for the citizens We are faced with difficult votes, but TENBERG, and Senator KENNEDY voted across this country. There is no doubt we take those difficult votes. We do not for it and were joined by Senator FEIN- in my mind that I was sent here to do shy away from the responsibility that GOLD, Senator BOXER, Senator SAR- what the people of North Carolina people elected us to come here and to BANES, Senator HARKIN, Senator LIE- heard me say that I would do, and that make a judgment call and, more impor- BERMAN, and Senator BINGAMAN. We are was to work hard and to accomplish so- tantly, to be held responsible for it. not plowing ground that hasn’t been lutions to real problems. There is no The only thing I can think of relative plowed. doubt in my mind the task includes en- to not taking a vote is that there are If anything, we are saying, for 214 suring that the Senate provides judi- some who believe they will not be held years this institution, the Senate, had cial nominees on up-or-down votes. responsible if, in fact, they force this a gentleman’s agreement, and that I am not going to lobby my col- body not to vote, that eventually peo- agreement was that the filibuster leagues which way to vote, but isn’t it ple will wear down and that if we hap- would never be used for judicial nomi- common courtesy to allow these nomi- pen to seat someone that is not the nees. For 214 years they showed re- nees to have some finality to this proc- best, the most qualified, that is OK be- straint, even though the rule allowed ess? The judge that is up today, Pris- cause it saved this institution a fight. them to do it because they understood cilla Owen, has been in this process for I will tell my colleagues I cannot that the process was so important to 4 years. I have asked myself, even think of anything more important if make sure the best and the brightest though I am not a lawyer by profes- there is going to be a fight than that found their way to the bench. For 214 sion, would I stick with it 4 years? fight be on who we put on the bench. years a handshake was all it took. Would I put myself and my family, my

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5496 CONGRESSIONAL RECORD — SENATE May 19, 2005 friends, my career through the types of Well, the Court still meets. If we are nee should come up for a vote up or delays that she has faced? The answer not able to produce a Justice out of down—1998—no qualifications, no ex- is, I do not know. this fine Hall, then they will meet with ceptions. Well, Priscilla Owen has been The question is, What are future eight Justices. I have to believe there waiting 4 years. If we had accepted his nominees going to say when they get is an odd number of Justices for a very challenge in 1998, Senator DURBIN’s that call, when the President of the logical reason. It was so there would challenge, 150 days after she was first United States—whether he is a Repub- not be a tie. nominated, this body would have voted lican or Democrat—calls in the future, On a 4-to-4 tie, what happens? Sel- up or down. and says, I need your service to this dom have we asked the question. On a I believe she ought to be voted on up country, and they look at the prece- 4-to-4 tie in the Supreme Court, the or down today. I believe it is an injus- dent of 4 years, of 2 years, of 18 months, lower court’s decision stands. That tice to the American people that a of the harassment, of the claims? Are means all of a sudden the Supreme threat of a filibuster or the application they going to say ‘‘yes, sir’’ or ‘‘yes, Court, our highest court, the Court we of a filibuster will be applied to the ju- ma’am’’ to the President of the United look to to be the best and brightest to dicial nominees. States? They might. But we might lose interpret law and the Constitution, is Madam President, I know there are a the opportunity at the best and the insignificant in the process. It means lot of Members who want to speak. I brightest. that whatever that court of appeals am convinced there will be truths and One month ago, I joined my freshmen was—the Fourth Circuit or the Ninth there will be half-truths that will be colleagues in urging the Senate leader- Circuit—whatever decision they came spoken as we go through this process. ship to get in a room, to break the cur- up with that somebody believed was But I am also assured that every Mem- rent impasse regarding judicial nomi- wrong, and they appealed it to the Su- ber of the Senate understands the obli- nees, and to develop a process that was preme Court, and the Supreme Court, gation we have when we are sworn in. respectful of both parties, where judi- on the merits of the case, heard it, I would urge my colleagues that obliga- would become the law of the land. cial nominees, at the end of the day, tion is not to a 2-year session of Con- My colleagues on the other side receive an up-or-down vote. argue that the reason this is so impor- gress. It is not an obligation to show up I said earlier, the Democrat’s offer tant is because a Federal judgeship is every day. It is not an obligation to be was: We will vote on five but chuck two for life. Let me say to them today, if involved in committee work, or it is of them over the side, and you pick you exercise this as it relates to the not an obligation necessarily to come which two. I cannot think of anything Supreme Court of the United States, up with solutions to problems. But it is worse for the future of this country and you jeopardize that there may be a an obligation to vote. It is an obliga- than for us to treat the best and the 4-to-4 tie, the result is not for the life- tion that when you come in this body brightest with the disregard that prof- time of the judge you did not seek, it is it is with the intent to vote up or fer would suggest. for the lifetime of this country because down. I am convinced that when Pris- I remain hopeful still today that a that is now the law of the land, that an cilla Owen is allowed to have a vote, resolution can be reached. Many of us appellate court, whether it is the that her nomination will be confirmed. have worked toward a fair process Fourth or the Ninth—not the Supreme I am convinced it is in the interest of where all judicial nominees with ma- Court—that will be the ultimate deter- this Senate, of this United States, of jority support, regardless of party, re- mining factor as to what the law is my family, of your family, of the citi- ceive an up-or-down vote. Let me say that our children, our grandchildren, zens of this country, that we proceed that again: regardless of party, receive their children, their grandchildren will forward in whatever fashion we must an up-or-down vote. live by for their entirety. to assure that vote takes place. I am What happened for 214 years? This de- I urge my colleagues to consider the convinced if we don’t, the scenario of bate is about principle. It is about al- nomination of Priscilla Owen and all the inability to accede a Justice to the lowing judicial nominees an up-or- the Federal judges who enjoy the sup- Supreme Court will cause irreparable down vote on the Senate floor. And I port of a majority of the Members of harm to the policies, the laws, and to believe it is an issue of fairness. Let me this Senate. I am reminded, as I stand the future of this country. be perfectly clear, though. I believe if here, that so much has been said that I thank the Chair and I yield the one of my colleagues objects to a par- suggests this process has not been fair. floor. ticular nominee, it is certainly appro- I have looked back at some of my col- The PRESIDING OFFICER. The Sen- priate and fair for my colleague to vote leagues who have been here for years ator from Pennsylvania is recognized. against that nominee on the floor of and who have experience I hope one Mr. SANTORUM. Madam President, I the Senate. But denying judicial nomi- day to have in this fine institution. thank the Senator from North Carolina nees of both parties, who seek to serve Senator BOXER, in 1997, said: for his excellent statement. their country, an up-or-down vote, sim- According to the U.S. Constitution, the I have been on the floor many times ply is not fair. It was certainly not the President nominates and the Senate shall to talk about the issue of judicial intention of our Founding Fathers provide advice and consent. It is not the role nominations, to stand and speak in when they designed and created this of the Senate to obstruct the process and to favor of many nominees to the bench very institution. prevent numbers of highly qualified nomi- who have been debated over the past nees from even being given the opportunity Together, as Members of the Senate, for a vote on the Senate floor. couple of years. Last night, I had the we are advocates for democracy and for opportunity to meet with Justices Jan- What has changed since 1997? I read a democratic system of government. It ice Rogers Brown and Priscilla Owen. I this statement four or five times. is vital that we have a system that expressed to them my personal sym- There are no exceptions. There is no continues to serve as an illustration of pathy for them and their families, as I ‘‘shall be’’ or ‘‘case of.’’ It is very clear, effective democracy around the world. do to all of those who have had their ‘‘given the opportunity for a vote on The integrity of our judicial system is lives, careers, and decisions unjustly the Senate floor.’’ so very important, and it will certainly dragged and contorted through the And Senator DURBIN, who has been a suffer as a result of inaction. regular in this debate, in 1998, said: streets of debate on the floor of the Obstructing votes on Presidential I think that responsibility requires us to Senate. nominees threatens the future of our act in a timely fashion on nominees sent be- Four years ago now, when Justice judicial system and the nature of the fore us. Owen was nominated, I am sure that Supreme Court. You see, I am not sure He went on to say: was a very proud day for her. I am sure that many Americans have stopped to If after 150 days languishing on the Execu- she looked forward to the challenges of think: Well, what happens if this is ex- tive Calendar that name has not been called the confirmation process and the chal- ercised for Supreme Court Justices? for a vote, it should be. Vote the person up lenges of serving in the circuit court. I Because I believe in the next several or down. They are either qualified or they don’t think anyone could possibly have years we will have one or two or pos- are not. conceived that a person with her judi- sibly more Supreme Court nominees to One hundred fifty days should be an cial standing, having been rated the consider. automatic trigger that a judicial nomi- highest qualified by the American Bar

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5497 Association, having served as a su- that and chose instead something most Paris, how dare you invade me, how preme court justice in one of the larg- people would say is much more dra- dare you bomb my city. It’s mine. This est States, having been elected in that matic, and that is to secede from the is no more the rule of the Senate than State with over 80 percent of the vote, Union. But Senators, enduring that it was the rule of the Senate before not having accolades from Democrats and very contentious time when there were to filibuster. It was an understanding, Republicans alike who have served fights on the floor of the Senate, unan agreement, and it has been abused. with her on the court, as well as public derstood that a very key part, an im- In a sense, what we see on the floor of officials in Texas—I don’t think she portant part, essential part of the Sen- the Senate is a reflection of what we could have possibly imagined she would ate is the process by which we govern often see in our society. What we often be involved as one of the focal points of ourselves; that the process protects our see in our society is a government that this maelstrom we see pouring out here rights; the process protects the system increasingly is passing laws. I get this over the last few days and, unfortu- of Government. They chose to withhold from some of my constituents some- nately, over the last couple years on their passions—the passions of the mo- times. They say: You guys are always the floor of the Senate. ment for the issue of the day—for the passing more and more laws and more These nominees have my respect. right and controversy to do what was and more laws, and ultimately when They have my respect for their courage best for the institution of the Senate, you are passing laws, in many cases and for their perseverance. It has been the greatest deliberative body in the what you are doing is restricting peo- an act of perseverance on the part of history of the world, potentially. ple’s freedom. many of them. All of them could have And now we have seen this infection The more laws we have on the books, easily walked away—not that they that entered into the bloodstream of the more laws there are to obey, the don’t have good jobs and great careers, the Senate. Whether you want to call more laws you have the ability to and if not universally respected in the it a partisan infection or an ideological break. So why do we do this? Because legal community, they are certainly infection, there certainly is a sickness. we respond to problems in society that highly respected. They don’t get nomi- I think it is a sickness that, candidly, come about certainly, in many cases, nated for these positions unless they both sides of the aisle feel. I don’t because what we once thought we did are highly respected within the com- know too many people who feel very not need a law in place to keep people munity. good about what we are going through from doing, we now have laws in place So I think it would have been very on either side. It is making us all to punish people who heretofore under- easy for many to walk away, but they weaker, sicker, and it is so doing to stood it simply was not a good thing to have not. They certainly have earned this institution. We need a cure. We do. my respect, no matter what happens had a pretty healthy institution when We did this recently with the cor- here. I think it is a very sad day when it came to this issue for 214 years. I porate scandals. What did we do? We we take highly qualified people who think we can look to the prescription passed a huge law, Sarbanes-Oxley, in are willing to serve, and who have that we had for 214 years for a cure to response to what? Activities by a group served in the judicial capacity, and what ails us in this body today. of people who simply forgot about the treat them this way. We hear so much The Senator from North Carolina ac- handshake, forgot about the duty we from the other side about many of us curately said we had an agreement—he have to each other, and pushed the law complaining about activist judges, and used the term ‘‘gentlemen’s agree- well beyond what we intended. So we being critical of judges, and how it is a ment’’—a handshake, that this was the had to pass a new law, and we had to security threat to judges. Well, I sug- way we were going to proceed. I argue constrain 99 percent of the people in gest what we have been seeing over the those in the 1850s had the right to fili- America who never even thought about last couple of years in the way these buster judges. Those in 2003 had the breaking the law or doing the things judges and their records have been dis- right to filibuster judges. I had the that were done by Enron and Tyco and torted, they have added to the sense of right, during the Clinton administra- all those people. So we had to pass laws frustration of the American public as tion, to filibuster his appointments. on everybody. to our judiciary and our system of jus- There were those whom I wanted to fil- Was it a good thing to do? We had to tice in this country. ibuster and those whom I desperately pass the law because there were some We have an opportunity to correct didn’t want to see on the court, and we who could not live by the law, could that. We have an opportunity to step stood down because in spite of the pas- not live civilly, could not live with not away from the mistakes of the past in sions and in spite of what I thought just the letter of the law but the spirit the next few days and to allow up-or- was a mistake to put a particular per- of the law. down votes on the floor of the Senate son on a particular court, there was So we had to pass legislation that re- again. For 214 years, 214 years—in this something lasting, something more im- stricted freedom, that put burdens on Chamber and the Chamber just down portant, something certainly not eter- people. That is why I have said many the hall, and once in a couple other nal, but certainly eternal for as long as times I am not crazy about having to places—in Washington and other the United States shall survive, and vote to eliminate the possibility of fili- places, such as Philadelphia—we had that is this institution. We should not busters on judges. I am not anxious to votes by Senators who were elected at go mucking around in this institution do this anymore than I was anxious to very difficult times in our Nation’s his- and changing the way we do things, pass some of the corporate responsi- tory, at contentious times, where particularly when it comes to the bal- bility provisions. One would like to judges had major roles to play on the ance of powers and the independence of think, particularly here, where we are issues of the day. Think back to the one of the branches of our Government, supposed to be a reflection of what is times of slavery, during the early 1800s, the judiciary. best in our society, that we can under- when judges played a huge role in this We must tread very carefully before stand what we are doing here is wrong issue that eventually fractured this we go radically changing the way we do and just step back from the ledge and country. I am sure there were times business here, which has served this let civility reign, let the tradition of when either side, depending on who was country well. We have radically the Senate be upheld. the President and who controlled the changed the way we do business here. I do not want to have to pass a law. Senate, felt it would have been unfair Some are suggesting we are trying to I want to see a Senate that can agree to their cause, the Northern cause or change the law, we are trying to break to act civilly, to respect tradition in the Southern cause, to have a person the rules. Remarkable hubris. Imagine, the process of running this place that on the Supreme Court who would vote the rule that this is the way we con- has worked well for 214 years. That is against their interests. I am confident firm judges has been in place for 214 what I want. many felt very much tempted to vote years, broken by the other side 2 years So I have encouraged many to sit and join a filibuster to block a nomina- ago, and the audacity of some Members down and try to negotiate. I encour- tion to require a supermajority vote. to stand up and say, How dare you aged our leaders to do so. I know our But if you think about it, it is re- break this rule, it is the equivalent of leader has tried diligently. I just spoke markable they withheld from doing Adolf Hitler in 1942 saying: I’m in with him on the phone a few minutes

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5498 CONGRESSIONAL RECORD — SENATE May 19, 2005 ago, and he continues to work to avoid You did not hear me say, do I agree Elections have consequences. In 1961, what no one—at least I hope no one in with them on this issue, this issue, or John F. Kennedy was the President. He this Chamber—wants to see happen. I that issue, because my feeling is who- won the election, and he got the ben- certainly do not. But we can no longer ever is elected President will appoint efit of the doubt on the Senate floor. live—just like we cannot live with the people who agree with their philos- He got an up-or-down vote. Majorities opportunity of those to cheat share- ophy. That is how it works, just as matter. I do not think my colleagues holders and employees—we can no when you appoint a Secretary of Vet- will hear the Senator from Georgia or longer live with the minority trying to erans Affairs or a Secretary of Energy, any other Senator on this side of the cheat those nominated by the Presi- you appoint someone who intellectu- aisle complain because for 18 months dent of the United States from a fair ally agrees with your philosophy. Priscilla Owen was held in the Senate up-or-down vote in the Senate. We can- When President Clinton was elected, Judiciary Committee during the chair- not tolerate that. That is behavior be- I came here, and I supported almost manship of Senator LEAHY. I certainly yond the pale. That is behavior that no every Clinton nominee. Did I agree will not complain. It was his right not Senate, prior to the last one, tolerated. with them? Absolutely not. Did I think to report her nomination to the Senate None. most of them would be damaging to the floor. Why? Because they were in the I have repeatedly asked and I know court? Absolutely. Did I vote for them? majority. If a majority of that com- other people have asked repeatedly, Yes. There are a couple of exceptions. mittee did not support her nomination, Name one judge brought to the floor of One in particular, I have to tell you, fine, hold it in committee. Defeat her the Senate who had majority support who caused me a lot of heartburn was in committee. That is fine. No problem. who was not confirmed. Name one, Judge Richard Paez from California If someone happens to be reported prior to 2 years ago. Never happened. who showed a record of activism on the out and a majority defeats, fine, major- Never happened in the entire history of court that was upsetting to me and ity rules. This idea that 60, 80 whatever the Senate. Never happened. We have showed that he was not someone who Clinton nominees were held in com- 10, potentially 16 who would have that understood the role of a judge. mittee by Republicans during the last privilege because of this new prece- So under that he certainly was quali- few years of the Clinton administra- dent. fied, and I had no questions about his I cannot understand how Members of tion, they were held because the major- ethics, but I did have a question as to the Senate can come here and say what ity opposed them. The majority rules, we are doing is breaking the rules. whether he understood the role of a up-or-down vote on majority vote. Breaking the rules? I do not know how judge. From his experience it showed That is the 214-year tradition of the you can possibly contort the facts of me he did not. Senate. There were many who wanted to fili- The idea now is the minority rules. this case around to where the Senate buster Judge Paez because of that very Republicans, by returning to the tradi- One can lose the presidency, lose four tion of the Senate of 214 years, is some- fact. In my mind, certainly from the seats in the House and control who is how breaking the rules. standpoint of not wanting someone on going to be the next circuit and Su- This is truly a sad day. It has been a the court, it would have been a justifi- preme Court judges in the United sad week. If you look and listen to my able filibuster, except for the fact that States? Very interesting. I guess elec- constituents—and I am sure all of our is not the way we do things in the Sen- tions do not matter. I guess who people constituents—they are not happy about ate, because you know what. The Presi- vote for, for President is of no concern this debate. They are not happy a dent won the election, and he can to the minority in the Senate. They group of 100 leaders—100 leaders—can- nominate who he wants. And we in the are the ones who should dictate who not negotiate and find some way of act- Senate have had a tradition saying if the nominees of this President should ing civilly, of reflecting to our children you can get a majority of votes in the be. They are the ones who should dic- and our grandchildren that we know Senate, you get confirmed. tate who comes to the floor and wheth- how to play nice and we know how to It is about majorities. And by the er they get a vote or not. play by the rules. way, I voted for cloture on Judge Paez That is not the precedent of 214 But the passions of the moment, the and voted against him on the floor years. It has been an up-or-down vote. passions of the moment have swept when an up-or-down vote came. He did This is an outrage. This is an abuse of over us, and those groups out there not get 60 votes. Had we filibustered, power. that are fomenting this because of he would not be on the Ninth Circuit It is interesting we are in the Senate, their own ideological agenda are the today. We did not. I did not because it and we are talking about the minority culprits, or at least the motivation, was not the right thing to do. It was abusing power. Yes, the minority can but the votes are here. The votes are absolutely not the right thing to do. abuse power in this case, and in my here. I am hopeful there are enough on I suggest that we have changed the opinion they certainly have. the other side of the aisle who will qualifications from highly ethical, One final comment, and I apologize come to the realization this is not good highly qualified and understanding the to the Senator from Georgia and I ap- for them, this is not good for their ide- role of a judge to someone who is ‘‘in preciate his patience. I just want to ology, it is not good for their partisan- the mainstream.’’ That seems to be the make a comment on one case. Yester- ship, this is not good for the institu- idea now. So we are talking about ide- day I heard the Senator from Cali- tion, and this is not good for the coun- ology, in the ideological mainstream. fornia make a statement with respect try to continue down this path. There were probably—well, Richard to Janice Rogers Brown, one I am par- When I came to the Senate, I came Paez, certainly from my view, I would ticularly concerned about because it from the House, like the Senator from argue, is probably not in the ideolog- deals with the issue of Catholic Char- Georgia, from the legislature, like the ical mainstream of America but they ities. I heard the Senator from Cali- Presiding Officer. I had never dealt all supported Judge Paez. fornia in describing Justice Janice with executive nominations before. So Probably Justice Harlan, who was Rogers Brown’s decision in that case one of the things I looked into is how the lone dissenter in 1896 in Plessy v. and she used the following words in de- do I determine what a good judge is. Ferguson, was not in the mainstream scribing her dissent: She, meaning Jus- We did a little looking around and de- at the time. tice Brown, was the only member of termined how do you evaluate a judge. Thurgood Marshall was confirmed in the court who voted to strike down a First, are they qualified? Do they the Senate to the circuit court back in State antidiscrimination law that pro- have the educational skills, the experi- 1961 with 54 votes. As a lawyer for the vided a contraceptive drug benefit to ence to do the job? Second, are they NAACP in the 1950s, probably a lot of women. That is her comment. ethical, not just did they break any people in America would not have said Now, she did not go into the fact laws, but are they ethical individuals he was in the mainstream. what this law said. What was this law? and have a reputation for high ethics? There are a lot of judges who are not Well, it was a law that said that if an And three, do they have an under- ‘‘in the mainstream’’ depending on employer provided health insurance standing of the role of a judge? Those what stream one happens to be swim- they must provide contraceptive cov- are the three things. ming in. erage—must. Now most folks who have

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5499 dealt in this area before would say: Is they vote for and against as opposed to ger crowd with the Senator from Penn- there not an exemption for those reli- following what the law says. sylvania than I had. It was early in the gious organizations who do not believe So if a consumer comes before a morning. It wasn’t much of a gallery. I in contraception? The answer is the judge, they are supposed to be pro-con- figured nobody was listening. The dis- California legislature did provide such sumer? If a business person comes be- tinguished Democratic leader quoted an exception. Let me read the excep- fore a judge, they are supposed to be me seven times since I made that tion. It said that we will exclude from pro-business? Is that what my col- speech. coverage for contraceptive methods leagues want judges to do, have a I want to address that quote for a that are contrary to their religious te- scorecard and make sure they are 50–50 second. nets. Sounds reasonable. We do that all on all of these things? You see, I told the story of being in the time. If it is contrary to religious These litmus tests that are being Baghdad and talking to a Sunni, a Shi- tenets of a religious organization, they spewed from the other side are a com- ite, and a Kurd and asking the Kurd: do not have to offer this particular plete undermining of what the rule of Well, now that you are in the minority, kind of care. law is to be about, about what justice aren’t you scared the Shiites are going As a Catholic, the tenets of the is to be about. They are infusing poli- to run over you? And he said: Oh, no, Catholic Church are that contracep- tics, policy, and partisanship in this we will use filibuster. tives are wrong, and therefore they do process. I thought that was a great remark. not want to, according to their reli- We must stop this. We must have up- Here was a Kurd from the north of Iraq, gious tenets, offer that service to their or-down votes. I hope we do it in a way in a place that had just won its liberty employees. Well, this is the California that does not force us to vote to do thanks to the blood, sweat, and tears of exception for a religious employer: that. the United States of America, and he One, the entity whose purpose is the The PRESIDING OFFICER. The Sen- was reading Adams and Jefferson and inculcation of religious values. Well, ator from Georgia. studying us. this is Catholic Charities. Is it Catholic Mr. ISAKSON. Madam President, I The next thing I know, the distin- Charities’ role to inculcate religious commend the Senator from Pennsyl- guished Mr. REID from Nevada says I values? No. One of the key roles of the vania on his remarks. For the moment said that to endorse a debate over Catholic Church is to care for the poor, that he is here, I want him to hear me whether or not the filibuster should be to care for those who are less fortu- say something. used on the confirmation of a judge. nate. It is a basic and core value of the I make the remarks I am about to I don’t blame him. But just so the church. We hear it repeatedly offered make with a full understanding, were I record is set straight, he is quoting a by Members on the other side. in the minority party and this another Kurd who read about America, who is We have discussions about the church day, I would need to make exactly the in the process of writing their constitu- and its theology, how core and central same speech and take exactly the same tion which, I presume when it is fin- helping the poor is. So they do not position. You see, I am new here, but I ished, will provide for a filibuster over qualify under that. have learned something very quickly. issues but not a filibuster to be used to Two, that primarily employs persons The words you say today will be the obstruct the justice of the new demo- who share its religious tenets. Well, words repeated to you tomorrow. cratic nation of Iraq. Catholic Charities does not primarily I learned something else. The genie I know my time is short. But I want employ people. They employ people came out of the bottle in the 108th Con- to make some observations. I want to who want to serve the needs of the gress. Whether it was Democrats or Re- make my remarks in the context of poor, and they do not ask whether you publicans, one day somebody would ul- Justice Brown. I know that Mrs. Owen want to go to church or not at a Catho- timately have to decide: Was the fili- is the current topic of discussion, lic Church. buster intended to be used on advice about which at some point in time we Three, that serves primarily persons and consent? hope there will be a vote, but Janice who share those religious tenets—in With all due respect to everybody I Rogers Brown is around the corner, and other words, only Catholics. Obviously have heard, it is just incorrect to say I felt like, after listening to all these not. They serve everyone. Mother Te- that to do away with the filibuster is debates, nobody is really talking about resa is the classic example of a Catho- going to make us a rubberstamp body. anybody’s qualifications. Have you no- lic out on the front lines serving the Go ask Clarence Thomas if this place ticed that? needs of the poor irrespective of who was a rubberstamp body, or Justice Even one of the deals that was of- they are. Bork. Think about the confirmations, fered was: tell you what, we will ap- Four, and qualifies as a church under most contentious in the last 20 years. prove any five, you just give us two we a particular section of Federal law. Ob- Nobody invoked a filibuster. One of are not going to approve. viously, Catholic Charities is not a those justices was confirmed. One was Does that tell you they care anything church. Under the religious exception not. about qualifications? Why, if you of the California statute, Catholic There are many responsibilities of thought there was an unqualified charities is an arm directly under the the Senate that are designated in the judge, would you let the other side pick control of the bishop, a mission of the Constitution. Impeachment is one. five and not pick two? I don’t think church, not a religious organization. Whoever heard anybody filibustering qualifications are the issue. I under- What Justice Brown said was that is an impeachment? Did you? The Con- stand that. That is another reason why an outrage, that is unconstitutional, it stitution says the Senate will conduct I say this is not a superfluous argu- is against freedom of religion to sug- that trial, as it says the Senate will ad- ment, were we in the minority and it gest that a Catholic organization, vise and consent on treaties—by two- was still being decided, and had the Catholic Charities, under that con- thirds majority. And on justices of the roles been on the other side. And it is struct, has to offer services in their court—simple. It doesn’t say maybe. It important that we decide it today. health care plan. I will agree she was doesn’t say if you feel like it. It is not Janice Rogers Brown was born in 1949 the sole person but that is hardly even confusing. I have it in my pocket. in the Deep South. I was born in 1944 in striking down the rights of women to I read it right before I came over here the Deep South. have contraceptive services. This was just to make sure I hadn’t missed When Janice Rogers Brown was born, an infringement upon the Religious something because I heard twice today I don’t know that her parents ever en- Liberty Protection Act. people say this document, the Con- visioned that she would be a supreme I find it very interesting a lot of stitution, doesn’t say things that it court justice in the State of California. folks come in here with their score- does say. When I was born, I doubt my parents cards. Well, she voted against con- I rise also, understanding how impor- envisioned that I would be a Senator. sumers this many times, she voted tant the words are, because the second However, in 1944, for a male white child against women this many times, she speech I made in the Senate, the first born in the South, it was possible to be voted against this, as if judges are sup- week of February this year, there was a Senator. In 1949, in the South, in Ala- posed to keep a scorecard as to who nobody in the Chamber. I’ve got a big- bama or Georgia, it would not have

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5500 CONGRESSIONAL RECORD — SENATE May 19, 2005 been possible for a parent to dream debate ends, whether through negotia- 39. Ralph Beistline, AK that for a female black child. tions or a vote, the men and women 40. Richard E. Dorr WD MO In my lifetime of studying this body, nominated to the Federal bench of the 41. Robert Clive Jones, NV the most prevalent use of the filibuster United States of America will know, 42. Ronald White, ED OK 43. Sharon Prost, Federal Circuit was by southerners in the debates over not that they are guaranteed a judge- 44. Thomas Hardiman, WD PA the civil rights laws in the 1960s. The ship, but they are guaranteed to know 45. Virginia H. Covington, MD FLO filibuster was used to protract the ulti- how the Members of the Senate voted 46. William Riley, 8th Circuit mate passage of those laws. It finally on whether or not they would be con- 47. Amy J. St. Eve, ND IL failed. Our country did what was right firmed. 48. Christopher Boyko, ND OH and those laws were passed. I yield the floor. 49. D. Michael Fisher, 3rd Circuit I would hope that today the filibuster Madam President, I suggest the ab- 50. David Godbey, ND TX would not be used to deny an up-or- sence of a quorum. 51. F. Dennis Saylor IV, Mass. down vote on Janice Rogers Brown be- 52. Gregory Frost, ND OH The PRESIDING OFFICER. The 53. J. Ronnie Greer, WD TN cause every parent deserves to dream clerk will call the roll. 54. James Robart, WD WA for every child that they will have the The assistant bill clerk proceeded to 55. Joe Heaton, OK chance—not the guarantee—but the call the roll. 56. Jose Linares, NJ chance. These justices who have been Mr. SCHUMER. Madam President, I 57. Kathleen Cardone, WD TX nominated by our President deserve an ask unanimous consent that the order 58. Larry Hicks, NV up-or-down vote. No one in here has for the quorum call be rescinded. 59. Louise W. Flanagan, ED NC challenged anybody’s right to vote yes The PRESIDING OFFICER. Without 60. Micaela Alvarez, SD TX or no. But they have challenged the objection, it is so ordered. 61. Morrison England, ED CA fact that, yes, every one of them de- Mr. SCHUMER. Madam President, I Madam President, I am illustrating serves a vote, and that is what this de- yield myself 7 minutes and then will how many judges—208 to 10—we have bate is all about. yield to the Senator from New Mexico approved in this Senate, an out- So, as one who is new to this Cham- 15 minutes immediately after me. standing 95-percent record, nothing ber but understands how important The PRESIDING OFFICER. Without that any President should complain this debate is, I rise to repeat that I objection, it is so ordered. about. will vote to support a vote, up or down, Mr. SCHUMER. Madam President, as We will continue the reading later. on every nominee. Understanding that, most have said, we believe we have I yield the floor to my friend and col- were I in the minority party and the been more than fair. We have con- league from New Mexico, Senator issues reversed, I would take exactly firmed 95 percent of the President’s BINGAMAN. the same position because this docu- judges. As I have said before, if my Mr. BINGAMAN. Madam President, I ment, our Constitution, does not daughter came home with a 95 on her thank my friend from New York and equivocate. It designates that responsi- report card, I would say, great. What congratulate him on his leadership on bility to the Senate. I repeat, we are some on the other side want to say is this very important issue. not breaking an old rule, we are ad- this: Only got a 95? Break the rules and I find it very unfortunate that dis- dressing an issue that was raised in the get 100. agreements about judicial appoint- last Congress as to where the filibuster We do not believe in that and would ments have brought us to the point would apply. It must be decided, and like to exhibit in the most graphic way where the majority is ready to take we must be diligent in our debate, re- how we have supported 208 of the 218 away the longstanding right of each spectful of the differences of opinions judges by doing something very sim- and every Senator to unlimited debate. but, in the end, understanding of our ple—by reading the names of the 208 That is a very major change in the way responsibility as Members of the Sen- judges the President has nominated business has traditionally and histori- ate and those elected to represent and gotten approved by this Senate. cally been done in the Senate. those who brought us here. 1. Callie Granade, SD AL This is a confrontation that could Madam President, I see my time is 2. Consuelo Callahan, 9th Cir. easily have been avoided by the Presi- about up. If the Chair will inform me, 3. David Bunning, ED KY dent and his legal counsel if they had I believe I have 2 minutes. 4. Dora Irizarry, USDC ED NY been willing to follow what I under- The PRESIDING OFFICER. The Sen- 5. Gary Sharpe, USDC ND NY stand to be the normal practice that 6. Henry Hudson, ED VA historically has prevailed and should ator has 2 minutes remaining. 7. James Gritzner, SD IA Mr. ISAKSON. I will close by going 8. Jeffrey Howard, 1st Circuit prevail. Someone asked: What is that to a quote I heard earlier today by the 9. John Roberts, DC Circuit normal practice? It is simply the prac- distinguished Senator from Massachu- 10. Julia S. Gibbons, 6th Cir. tice of consulting with the Senators setts, who talked about the history of 11. Kurt Engelhardt, ED LA most involved in the nominating proc- judicial confirmation, and my under- 12. Leonard Davis, ED TX ess before making a final decision on standing of history is the same as his. 13. Margaret Rodgers, ND FL which individuals to nominate. The distinguished Senator said the 14. Michael McConnell, 10th Cir In the case of judicial nominees for 15. Paul Cassell, UT Federal court positions in my State of first two times our Founding Fathers 16. Ralph Erickson, ND worried about writing the Constitu- 17. Richard Holwell, SD NY New Mexico, and also positions to be tion, they were going to designate the 18. Robert Conrad, WD NC filled on the Tenth Circuit Court of Ap- appointment of judges to the Senate. It 19. Rosemary M. Collyer, DDC peals that are designated for New Mex- was only on the third meeting that, at 20. Stanley Chesler, NJ ico attorneys, I have been contacted, the Constitutional Convention, they 21. Thomas Phillips, ED TN and I have been asked if I had objec- determined it be a joint responsibility: 22. Walter Kelley, ED VA tions to perspective nominees in each Nomination by the President, con- 23. William Smith, RI case before a final decision to nomi- 24. C. Ashley Royal, MD GA nate has been made. And that is not firmation by the Senate. 25. Clay Land, GA The distinguished Senator is abso- 26. Danny Reeves, ED KY just in the last year or 2, this is over lutely correct. He described it as a dual 27. Diane S. Sykes; 7th Circuit the 22-plus years I have served in the responsibility. It would be irrespon- 28. Frederick Martone, AZ Senate. As far as I can remember, I sible for the Senate to avoid expressing 29. Henry Floyd, SC have been afforded that courtesy each itself in advice and consent on the 30. James Gardner, ED of PA time. We, the Senate, have confirmed; qualification of any nominee. To do 31. Jay Zainey, ED LA and Presidents Reagan and Bush, Sr., anything other than that which the 32. John Houston, SD CA and Clinton and now George W. Bush Constitution designates to us would be 33. Judith Herrera USDC D NM have nominated many individuals for 34. Kim Gibson, WD PA to abrogate our responsibility. Our 35. Legrome Davis, ED PA the Federal court in my State during Founding Fathers were right over 200 36. Marcia Krieger, CO that time. years ago, and our leader, whom I com- 37. Michael H. Watson, SD OH It is also my understanding that mend, is right today. I hope when this 38. Paul A. Crotty, SD NY more often than not the chair and the

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5501 ranking member of the Judiciary Com- less they are changed as provided in these is dangerous to set a precedent of ig- mittee have been afforded that same rules. noring those rules that govern how we courtesy prior to the nomination of in- In accordance with Senate rule XXII, go about changing rules. dividuals to court of appeals positions any such change can only be made with Indeed, if one rule can be changed or to a Supreme Court position. Much the approval of two-thirds of all Sen- this way with a simple majority vote, of the current confrontation and ran- ators elected. That is 67 Senators. why not others as well? cor could have been sidestepped if that Requiring continuity of the rules The majority leader has argued that practice had been followed with respect from Congress to Congress, and requir- the Senate’s record of processing the to the nominees who are currently in ing that changes to the rules meet a President’s judicial nominees is so dispute. Unfortunately, this President threshold vote well above a simple ma- egregious that it justifies breaking the has chosen a different course. jority, has a very straightforward pur- rules and disregarding over 200 years of Rather than consulting before a nom- pose. It ensures that the rules gov- precedent in order to get more nomi- ination is made, the White House has erning the Senate remain constant, nees confirmed. Let’s examine this chosen to make nominations that it that they are not changed whenever record. My colleague from New York knows will be highly controversial, in one party believes the rules are ham- has already discussed at length the some cases where it knows that the pering their ability to get their way in number of judges, appellate court Senators from the nominee’s State are the short term. judges, district court judges, we have strongly opposed to that nominee. Some in the majority party have approved in this Senate since this Where nominations have been blocked complained that it is necessary to President has been in office. during one Congress, the 108th Con- change the rules with respect to use of We have the lowest vacancy rate in gress, last Congress, the President has the filibuster on judicial nominees be- the Federal judiciary since President chosen to renominate those same indi- cause in their view the current 60-vote Reagan was in office. The Senate has viduals in the succeeding Congress. requirement to end debate is too high. confirmed 95 percent of the President’s Madam President, this is not a strat- I have no objection to debating that nominees. In addition, Democrats have egy to unite rather than divide the issue and bringing it to a vote. Indeed, offered to bring up several of the dis- country. This is a strategy to split and throughout the Senate’s history there puted nominees for consideration, to polarize the Senate and the Amer- have been a variety of proposals to which would bring the confirmation ican people, and it is clearly having modify the rules governing the fili- rate closer to 98 percent. Unfortu- that exact effect. buster. nately, the majority leader has re- Given where we are, I, like most of For example, in 1975, the Senate rejected that proposed compromise. my colleagues, feel obliged to come to duced the number of votes required to Some have also asserted that Demo- the Senate floor and speak on this so- end debate from 67 to 60. In 1995, I sup- crats are charting new ground in fili- called nuclear option. In my view, this ported a proposal Senator HARKIN of- bustering judicial nominees. Frankly, is a misguided effort that will not only fered which did not pass but would this is just incorrect. It is contrary to harm the Senate, it will also have a have revised the procedure. So why is the history of the Senate. Republicans significant impact on the checks and not the majority leader bringing this did filibuster Abe Fortas in 1968 when balances that our Founding Fathers proposal, which he is now threatening he was nominated to be the Chief Jus- envisioned. I am disappointed that the to make, up for a vote under normal tice of the U.S. Supreme Court. The fil- majority leader has decided to pursue procedure? Simply put, he does not ibuster was successful. He ultimately this course of action. I regret that he have the votes to pass the measure if withdrew his nomination from consid- has repeatedly rejected the minority we stick by the rules of the Senate, the eration. leader’s offers to compromise on the 67-vote rules of the Senate. I agree we have an obligation to proc- issue. So his proposal is simple: If you do ess the President’s judicial nominees in There are two distinct issues I want not have the votes to pass the proposal a fair and judicious manner, and, as the to discuss briefly today. The first is the using the rules as they exist, then record demonstrates, that is exactly manner in which the change is being make up your own rules so you can what we have been trying to do. made, the idea that the majority can pass it. Under this procedural maneu- However, I do understand the general simply change longstanding Senate ver, if the Senate votes to not end de- frustration surrounding the processing rules whenever it believes it would be bate on one of the disputed nominees, of judicial nominees. During the Clin- expedient to do so. I find that notion the majority leader intends to make a ton administration, the Republican deeply troubling. We are a nation of point of order requesting that the Pre- majority, during several of those years, laws, and our institutions need to reflect this. siding Chair, who will likely be the killed over 60 nominees through a vari- The second issue I want to discuss is Vice President, rule that only 51 votes ety of delay tactics, mostly by refusing the merits of the proposal and the im- are needed to confirm appellate and to give hearings in the Judiciary Com- pact of eliminating the ability to fili- Supreme Court nominees. mittee. As a result, many of those buster. The use of the filibuster not Now, all of us know, and it is very nominees never got a chance to have a only ensures that minority views are clear to everyone who has studied this fair and open debate about their quali- respected in the Senate, it also plays issue, that is not what the Parliamen- fications, much less a vote on the Sen- an important role in checking the tarian would rule. The Parliamen- ate floor. power of the executive branch and in tarian has said just the opposite. I believe we should look for ways to ensuring that the judiciary remains Democrats will object, but the ruling improve the confirmation process so independent. would be upheld by a simple majority that it is conducted in a more bipar- Let me take a moment to briefly devote. It is my understanding this would tisan and constructive manner. But ex- scribe what this nuclear option entails. be the first time that we have changed ercising the so-called nuclear option is I recognize that discussing rules and the rules of the Senate without fol- not a step in the right direction. Let’s procedures is not an exciting topic, but lowing the prescribed procedure for be clear on what this is about. It is it is important that the American pub- doing so in the rules that we have about setting the stage for the debate lic understand precisely what is being adopted. This would entail overruling over the next Supreme Court Justice. done. This is not about whether every the Senate Parliamentarian. It is about putting in place a procedure nominee should get an up-or-down Madam President, I have to ask, that would limit the ability of Demo- vote. It is about whether it is accept- what is the meaning of a rule if it is crats and moderate Republicans to in- able for the majority party to dis- permissible to break it when one dis- fluence the debate. There would be lit- regard longstanding Senate rules in agrees with the outcome that would re- tle need to consult or to compromise if order to get its way in each and every sult if the rule were followed? If the the nominee could be pushed through case that comes before the Senate. majority leader wants to try to modify the Senate with a straight majority Senate rule V states that: the filibuster, he has the right to at- vote. The rules of the Senate shall continue tempt that, but he should do so within As I have discussed, I strongly dis- from one Congress to the next Congress un- the parameters of the Senate rules. It agree with the tactics that have been

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5502 CONGRESSIONAL RECORD — SENATE May 19, 2005 chosen here to make these changes. several of the most controversial nomi- disregarding Senate tradition. I urge With regard to the merits of the pro- nees who lacked widespread support, my colleagues across the aisle to seri- posal to eliminate the filibuster for ju- rather than to heed the concerns that ously consider the ramifications of this dicial nominees, I would like to take a had been raised about their nomina- so-called nuclear option. It is not good moment to elaborate on the profound tions. The Senate has coequal respon- for the Senate, it is not good for the implications of moving forward with sibilities in the appointment process. It delicate checks and balances that gov- this effort. I believe such a change is important for the administration to ern our Government, and it is not in would be not only detrimental to the recognize this when it decides which the interest of the American people. Senate as an institution but will also nominees to send to the Senate for con- I yield the floor. result in significant deterioration of sideration. The PRESIDING OFFICER (Mr. COR- the checks and balances that ensure Without the filibuster, the President NYN). The Senator from Maryland is the independence of our judiciary. would essentially be free to appoint recognized. Having a procedure in place that al- whomever he wants to the Federal ju- Ms. MIKULSKI. Mr. President, I rise lows 40 Senators to keep a nominee or diciary with very little restraint. This to speak against this so-called nuclear legislation from being adopted serves would threaten the independence of the option. This is a sad day for the Senate many purposes. Most important, it fa- judiciary, which is charged with check- because I believe we are about to frac- cilitates compromise by guaranteeing ing the actions of the executive and ture 200 years of precedent and tradi- the minority a voice in the legislative legislative branches, by allowing a tion. I think we are about to fracture process. Unlike in the House of Rep- President to stack the courts with in- what I had hoped would be a bipartisan resentatives, where legislation can be dividuals willing to advance a par- approach to solving the compelling easily pushed through with a simple ticular agenda or ideology. problems we face in the United States majority vote, the Senate is an institu- If the same party controls the Senate of America, and the Republicans are tion where deliberation and com- and the White House, as is the case about to change the rules in the middle promise are absolutely essential. today, the ability to filibuster is a pri- of the game. One of the hallmarks of the United Forcing Senators to achieve common mary restraint on the majority party States of America is always fair play. ground in order to complete the peo- of using its power in the nomination And fair play means a belief and re- ple’s work is something that should be and confirmation process. As the spect for the rules because we are a na- encouraged. Bipartisanship has been in Framers recognized, it is reasonable to tion that believes in rules and in the short supply in recent years, and we require that a lifetime appointee have rule of law. Whenever we are in com- need to be looking for ways to work to- the support of a substantial percentage petitive situations, we believe in rules. gether to address the challenges we of Senators who have been elected. You don’t change the rules in the mid- face in America. There is a reason why the Framers dle of the game. You don’t change the I have had the privilege of rep- granted the Senate and not the House rules in a game you are losing. But resenting the people of New Mexico for of Representatives the constitutional here especially there is no reason to over 22 years now in the Senate. I rec- authority to provide advice and con- change because the Bush administra- ognize the importance of working sent. The Senate’s procedures ensure tion is not losing. They have had more across the aisle to achieve results. Ear- extended debate and respect for minor- nominees confirmed than almost any lier this week, we held the first of sev- ity views, which in turn facilitate com- other Administration in recent history. eral hearings on comprehensive energy promise and moderation. I personally This is a manufactured crisis. There legislation to try to mark up legisla- believe that having qualified and rea- are those who say there is a crisis in tion in that area. I am extremely en- sonable judges in the Federal judiciary, terms of confirming judges. There is no couraged by how members of the com- regardless of political party, who inter- crisis. George Bush is not losing. Right mittee from both parties have been pret the law objectively and in accord- now, right this minute, we have con- working together. It is my hope that ance with mainstream legal theory is a firmed 208 of the President’s nominees bipartisanship and sense of compromise good thing. These are lifetime appoint- for the bench. That is a 95-percent con- can be adopted elsewhere in the Sen- ments, which deserve rigorous debate firmation rate. I would think that get- ate. This exemplifies how we should be and substantial scrutiny. This scrutiny ting 95% of what you want would make facilitating more compromise between would be significantly diminished if you declare victory. But, oh, no, that is the majority and minority parties. the majority party could appoint who- not good enough. There is a desire to The filibuster is not only an impor- ever they want to the judiciary with- change the rules so that the President tant check on the majority power without concern for the views of the minor- gets 100% and we cannot exercise our in the Senate, but it is also an essen- ity. And the independence of the judici- constitutional responsibility of advise tial check on the executive branch. Ar- ary would be threatened if judges ap- and consent. ticle II, section 2 of the U.S. Constitu- proach their work with a particular Now I know that many of my col- tion provides the Senate and the Presi- concern for carrying out the will of the leagues on both sides of the aisle don’t dent shall share the power to appoint party in power at that moment. want to change the Senate rules. They judicial nominees. The President is It is not surprising that a President know the ebbs and flows of this institu- granted the authority to nominate. would seek to expand his authority in tion one day you are in the majority The Senate is vested with the author- the appointment process. But it is dis- and the next in the minority. And they ity to provide its advice and consent. appointing to think that the Senate know its not fair to change the rules in This is a serious constitutional duty. I might accede to this and abrogate its the middle of the game because doing do not believe the Senate should be rel- own constitutional authority in exer- so undermines century of tradition and egated to the role of a glorified cising its obligation to provide advice the very essence of the Senate as the rubberstamp. That is not what the and consent. world’s premier deliberative body. American people want, not what the Lastly, the proponents of the nuclear So I have come to the floor today to Founding Fathers envisioned. option have said they only want to urge my colleagues to oppose this so- The prospect of a filibuster forces the eliminate the filibuster with regard to called nuclear option. I do this because President to submit nominees to the nominees, not with regard to legisla- I firmly believe in my heart of hearts Senate who will be able to garner the tion. But nothing about their rea- that we must always have an inde- support of more than a simple majority soning is unique to nominees. If this pendent judiciary and a judiciary that of that President’s own party. There can be done with regard to judicial has been confirmed according to the are plenty of well-qualified, conserv- nominees, it can certainly be done with traditional roles of the Senate. I know ative lawyers and judges who would regard to executive branch nominees as it is one of my foremost responsibil- easily be confirmed by this Senate. In well. And there is no logic for arguing ities as a member of the United States fact, the Senate has confirmed over 200 it cannot be done with regard to legis- Senate to protect the independence and of them since this President has been lation. integrity of our federal courts. Because in office. At the beginning of this Con- As I have stated, I have many con- our courts are charged with safe- gress, the President chose to resubmit cerns about employing this tactic and guarding the very principles on which

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5503 our nation was built—justice, equality MIKULSKI said no. That is one of the crimination. Her decisions impair the and individual liberty. ones that did not even come up. Why? rights of ordinary people to have access The courthouse door must always We think if you are going to represent to the courts. On the Texas Supreme stay open. And when someone walks Maryland on the court of appeals, you Court she has restricted a woman’s through that door, they must find an ought to be a member of the Maryland right to choose by ignoring statute and independent judiciary. In order to do bar and have some significant ties to creating additional barriers for women that, we cannot turn the Senate into a Maryland. We threatened a filibuster. seeking to exercise reproductive rubberstamp for any administration. This is the Maryland seat on the choice. We must not compromise our constitu- Fourth Circuit Court of Appeals. They We could go through Owen, and we tional checks and balances over 7 high- wanted to give us someone from Vir- could go through others. Priscilla ly controversial judges. The American ginia. We like Virginia, Senator WAR- Owen stands among a handful of nomi- people deserve better and, and the Con- NER, Senator ALLEN. We like judges nees who will turn back the clock on stitution requires it. from Virginia, but not for the Mary- protecting important constitutional When Alexander Hamilton and others land seat. And Senator SARBANES and I rights. We know through our examina- were at the Constitutional Convention said we would filibuster. So we stopped, tion of these nominees that they are inventing America, they wanted checks prevent our state from losing its seat outside the judicial mainstream, and and balances. They wanted no one to on the court of appeals because of the we want to exercise our priority and have absolute power, they wanted no Senate rules. our responsibility on advice and con- individual to have absolute power, and Though some of them never came sent. And now Republicans want to they wanted no institution within our forth as nominees, we knew we had the focus on the jobs of 7 people who al- Government to have absolute power. rules of the Senate to prevent this in- ready have jobs when we have 7.7 mil- That is why we have the system of justice to Maryland. We invited the lion Americans who don’t. checks and balances. That is why the White House to look at the thousands greatest check and balance is the ad- of lawyers in Maryland who are mem- They want the change the subject vice and consent role given to the Sen- bers of the bar, who have judicial com- away from issue that Americans care ate. The President nominates and the petence and judicial temperament and about to a handful of extreme judicial Senate has an important co-equal role commitment to basic constitutional nominees. They say there is a crisis to play in the confirmation process. principles. Maryland would recognize but there are more federal judges now So the Senate has a very real and them. than at any other point in our nation’s critical role to play here. It can’t rub- But we were ready to use these rules history. This is the lowest vacancy ber stamp nominees. It can’t give con- in the Senate to protect the Maryland rate on the courts in a decade. Repub- sent without a thorough examination seat and make sure whoever was on the licans have the wrong priorities. and it should not support nominees court of appeals for the Maryland seat I had to explain what this nuclear op- who don’t respect basic judicial prin- would at least be a member of the tion means to a head of state. Did you ciples. Maryland bar or at least be from Mary- ever have to explain to someone who is When we are talking about this, we land and have significant ties there. a former head of a government in a Eu- say, What does it mean? Who has been Those are the rules. That is how you ropean country, who himself fought for nominated? Who has been confirmed? exercise advice and consent. We gave freedom and was a dissident and even Whom have we opposed? I have given advice, they ignored it, so they were in prison, what a nuclear option the statistics. Since the President has not going to get our consent. Hey, means? He thought we were talking been in office the Senate has confirmed those are the rules. We do not want about using nuclear weapons. 208 of his nominees and rejected only those rules changed, and it would be I had to explain this to members of 10. That’s 95 percent approval and the same if there was a Democrat in my family, the senior citizens in my those we have rejected have been the White House. family. ‘‘Barb, what is this nuclear op- among the most controversial and ex- We could look at the nominees Presi- tion? Are we thinking about using nu- treme nominees. Nominees who did not dent Bush has given us. Not only do we clear weapons?’’ We use language here represent the mainstream of American get people who are not members of a very glibly, and I think exaggerated. legal thought. Nominees hostile to bar, but we get some who are outside What I said was we are headed for a civil rights, women’s rights, reproduc- the judicial mainstream. meltdown. We cannot let the Senate tive rights and working families. Judge Priscilla Owen is an example melt down, and we will melt down if we Let’s talk about the 208. Let’s talk of someone who would turn our courts do not stop these proceedings from about working on a bipartisan basis. in the wrong direction. She has a his- going forth. We need to have an insti- Let’s talk about Maryland. tory of being driven by ideology and tution that functions on a bipartisan There were three openings on the not law. Her beliefs are far outside the basis. Federal bench in Maryland for the dis- mainstream of judicial thinking. She trict court. Governor Ehrlich sent has an extreme ideological agenda on Some of the happiest and most dis- forth three names of outstanding peo- civil rights, women’s rights and the tinguished accomplishments of my life ple of judicial competency. Senator right to privacy that we severely ques- have been accomplished because of SARBANES and I moved them straight- tion and make her unsuitable to sit on working on a bipartisan basis. In the forward and ahead, even though one this federal court. 1990s, I worked with the Senator from had been the chairman of the Repub- She is a judicial activist, that means Colorado, Mr. Hank Brown, and we lican Party. We did not care about she has a consistent pattern of putting worked to bring Poland, Hungary, and that. Second, he had even run for at- ideology about the law and ignoring the Czech Republic into NATO. We had torney general. We did not care about statutory language and substituting to stand up to a Democrat such as Sen- that. What we cared about was that the her own views. Something about which ator Moynihan and a Republican such Maryland Bar Association said he was even officials in this White House have as Senator WARNER to get the Senate qualified. raised concern. Alberto Gonzales, now to consider it, but we worked on a bi- No. 2, he had been a U.S. attorney our Attorney General, who once served partisan basis, and we extended NATO and had done a stunning job, and he with her, called her dissent in a case from old Europe to a new Europe. And had extensive legal background in ‘‘unconscionable . . . judicial activism’’ right now, the people we brought into Maryland. We did not play politics. We and in another case said her dissent NATO are fighting with us side by side moved Judge Bennett, Judge Quarles, would judicially amend the Texas stat- in Iraq and are part of the coalition of and Judge Titus. ute. In other words, she was making the willing. Bipartisan relationships Then came the court of appeals. Oh, law rather than interpreting law. did that. my gosh, guess what came out of the Her opinions show a bias against con- Because of our work in the Senate Bush administration. They wanted to sumers, victims and individuals. She where the women get together at least give us a guy who was not even a mem- has consistently ruled against workers, once a month to have dinner for friend- ber of the Maryland bar. SARBANES and accident victims and victims of dis- ship and fellowship and to talk about

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5504 CONGRESSIONAL RECORD — SENATE May 19, 2005 an agenda, we have done a lot on wom- ate’s rules to protect our democracy, In 2000, the vote was 50-to-48. en’s health. We have increased mam- to protect our freedoms, and to protect In 1999, the vote was 54-to-44. mogram funding research by 700 per- our liberties. After two centuries, it In 1998, the majority was once again cent. We have increased funding for do- would be a mistake to change those unable to adopt a budget resolution. mestic violence. We have done all this rules. And 1997 was the exception that when we worked together. Unlimited debate allows Senators to proved the rule. That year, the budget My gosh, when we work together we protect minority freedoms. Unlimited resolution achieved a broad consensus, work our best. Let us now stop this debate helps to ensure that no one receiving a vote of 76-to-22. dangerous course. We should not con- party has absolute power. Unlimited But in 1996, the vote was 53-to-46. tinue further on this terrible down this debate helps to give effect to the In 1995, the vote was 54-to-46. path on which we are embarking. The Founders’ conception of checks and In 1994, the vote was 53-to-46. American people want us to be stand- balances. In 1993, the vote was 55-to-45. ing up for jobs. They want us to be able History will see the actions of this And in 1992, the vote was 52-to-41. to face straightforward the health care month as what they are: A threat to Thus, over 14 years, under Repub- crisis, and they want to make sure we those checks and balances. History will lican Presidents and a Democratic stabilize the pension crisis in the see the actions of this month as a ter- President, over the course of nearly a United States of America. Young peo- rible attempt to diminish the Senate. decade and a half, only one budget res- ple want to be able to afford college. History will see the actions of this olution has been the product of con- They wonder what are we doing here. month as an attempt to diminish our sensus. Fourteen years, and only one Republicans are spending all this time democracy. budget with more than 55 votes. on the nuclear option and debating 7 If those who seek to change the rules The time limit on debate has not led controversial nominees instead of fo- succeed, especially by breaking the to working together. The time limit on cusing on our national priorities. When rules, it will be only a matter of time debate has caused partisanship. And all is said and done, is will be that before the next step comes. It will be three times in the last decade, the time more gets said than gets done? only a matter of time before some fu- limit on debate has led to complete Let’s put the nuclear arsenal option ture Senate leader decides to once failure. back into the missile silo. We must do again to break the rules to change the That is what would happen to the so to preserve the constitutional role rules, and abolish the filibuster alto- Senate if we head down this road. of the Senate to advise and consent and gether. Votes would become more partisan, if protect our checks and balances. And what will the Senate look like that is possible, but it would happen. Let’s get back to doing the business then? And the products of those votes would of the people. The American people de- Then all our votes will be simple ma- become more extreme. serve that and they deserve a Senate jority votes. Then lost will be a cen- If we head down this road for the con- that works for them. A Senate that turies-old check and balance. And then firmation of judges, then judges will be governs best when it works together, what will be left will be a vastly dif- more partisan. Judges will be more and let’s start putting the people first ferent Senate from the one to which I likely to uphold the powers of the rather than politics. came in 1978. President who appointed them. And I yield the floor. judges will be less likely to defend indi- The PRESIDING OFFICER. The Sen- The majority leader has proposed vidual freedoms and liberties against ator from Montana. that debate on important judges be Mr. BAUCUS. Mr. President, last limited to a fixed number of hours, to the powerful executive. Just think about that for a moment. week on Wednesday, we evacuated the 100 hours. That might sound like a lot Capitol. At the instruction of the Cap- of time. Under this rule change, judges will be itol Police, more than a few Senators But the point is not the number of less likely to defend individual free- and staff actually ran from this build- hours. The point is that at the end of a doms and liberties against the powerful ing and surrounding offices in the very set amount of time, no Member of the executive. Why? Because of the par- real fear that a plane was carrying a minority party need participate. At the tisan nature under which a partisan bomb to attack this building, the cen- end of a set amount of time, only the President will have appointed them. ter of our democracy. majority party will rule. At the end of The Senate’s role in protecting Sadly, Wednesday was not the first that set amount of time, there would against extremism is particularly im- time, and Wednesday will likely not be be no more check and balance. portant in the context of nominations the last time, that we guard against If one wants to see what the Senate for the lifetime jobs of Federal judges. threats to our democracy by plane or will look like then, look at budget res- The Founders wanted the courts to be by bomb. olutions. Like the majority leader’s an independent branch of Government, But there are other threats to our de- proposed rule, they allow for a long pe- helping to exercise the Constitution’s mocracy and our freedoms just as men- riod of debate. The leader’s proposal intricate system of checks and bal- acing, equally as dangerous. calls for 100 hours of debate on judges. ances. The Senate’s involvement in the Abraham Lincoln said: The Budget Act calls for 50 hours of de- confirmation of judges has helped to America will never be destroyed from the bate on budgets. ensure that the judiciary can be that outside. If we falter and lose our freedoms, it Look at the results. more independent branch. And that will be because we destroyed ourselves. Rarely do budget resolutions achieve independence of the judiciary, in turn, Former Librarian of Congress Daniel consensus. Since 1992, only one budget has helped to ensure the protection of Boorstin said: resolution has received more than 55 our democracy, our freedoms, and our It is not slogans or bullets, but only insti- votes on final passage. liberties. tutions that can make and keep people free. This year, the vote on the budget res- In ancient Rome, when the Senate And Baron Montesquieu wrote in olution was 52-to-47. lost its power, and the emperor became ‘‘The Spirit of the Laws’’: Last year, the disagreements on the a tyrant, it was not because the em- There is no liberty, if the judiciary power budget were so partisan that the ma- peror abolished the Senate. In ancient be not separated from the legislative and the jority was not able to bring the con- Rome, when the Senate lost its power, executive. ference report on the budget resolution it continued to exist, at least in name. The effort to break the rules to allow to the floor in the Senate. But in ancient Rome, when the Senate the President more easily to appoint In 2003, the vote was as close as it lost its power, in the words of the Sen- judges that undermine the independ- could get: 51-to-50. The Vice President ate’s historian, Senator ROBERT BYRD, ence of the Federal judiciary is no less had to break the tie vote. the Senate became ‘‘little more than a than a threat to our democracy, a In 2002, once again, divisions were so name.’’ threat to our freedoms, and a threat to partisan that the majority was not In ancient Rome, when the Senate our liberties. able to secure a majority in the Sen- lost its power, the Roman Senate was For two centuries, Democrats and ate. complicit in the transfer. The emperor Republicans alike have used the Sen- In 2001, the vote was 53-to-47 did not have to seize all the honors and

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5505 powers. The Roman Senate, one after Senators. I have gotten into some of throat a judicial nomination just be- another, conferred greater powers on the discussions that are going on cause the White House wants it. Caesar. around this Capitol Building right now, I have agreed with the White House It was not the abolition of the Senate to see if we can head off this thing. It 97 percent of the time. You can cal- that made the emperor powerful. It was doesn’t look like we can. It looks like culate it mathematically, that is 97 the Senate’s complete deference. people are hardening into their posi- percent of the time. So now they want Like the Roman Senate before us, we tions. I wonder why. Is it worth chang- to take away the right, under the rule, risk bringing our diminution upon our- ing over two centuries of history and to filibuster so that no matter who selves. We risk bringing upon ourselves precedent in the Senate for what, in ef- comes in, they are going to be approved a hollow Senate, a mere shadow of its fect, are five judges? Is it worth giving if they have 50 votes. It could be 50–50, past self. And we risk bringing upon up the traditions and the protection of because the tie would be broken with ourselves a loss of the checks and bal- the minority, under the rules, for over the Vice President sitting as the Pre- ances that ensure our American democ- two centuries for five judges? siding Officer of the Senate. racy. I was surprised when I looked over There is another reason that has just This change, if it succeeds, will leave the record and found out what my vot- come to my attention why I do not Senators, as T.S. Eliot described in his ing record has been here. I have voted, want the filibuster to be eliminated 1925 poem, as ‘‘The Hollow Men.’’ In under President Bush, for 209 of his ju- from this particular set of judges. If it that poem, Eliot wrote of a place like dicial nominees; I have voted against 7. is done for this, what is next? What is what the Senate would become. He That is 97 percent of the President’s next? That the majority leader would wrote: nominees for Federal judgeships that I stand and take away the filibuster and ‘‘Our dried voices, when have voted for. Am I not entitled, as my right to filibuster as a Senator? Is We whisper together the senior Senator from Florida, to ex- he going to do that on what the admin- Are quiet and meaningless ercise my judgment on seven people for As wind in dry grass istration is bent on doing, and that is This is the dead land a lifetime appointment as judge, when drilling for oil and gas off the coast of This is cactus land I don’t think they have the judicial Florida—drilling for what 18 million In this hollow valley temperament in order to be judge for Floridians are deathly afraid of; that This broken jaw of our lost kingdoms life? That is what the Senate is all the $50 billion a year tourism industry In this last of meeting places about. That is what the Constitution We grope together is going to be threatened because of oil And avoid speech said it is all about. It says that the ju- lapping up onto our beaches? Gathered on this beach of the tumid river dicial process is a two-step process. Are they going to take away my This is the way democracy ends; this is the The President nominates and the Sen- right to stand out here and hold up way democracy ends; this is the way democ- ate decides. In the old language of the such legislation, to drill off the coast racy ends; not with a bomb, but a gavel.’’ constitutional forefathers it was ‘‘ad- of Florida, that would despoil our envi- I yield the floor. vise and consent.’’ ronment? Are they going to take away The PRESIDING OFFICER. The Sen- My advice was, on seven, that I my right to protect our military as- ator from Florida. didn’t think they had the judicial tem- sets, an asset that is so valuable it is Mr. NELSON of Florida. Mr. Presi- perament, that they would look dis- called restricted airspace? It is out in dent, before the distinguished Senator passionately at an issue, that they the Gulf of Mexico and portions of the from Montana departs, I want to thank would look at the facts and apply the Atlantic Ocean off Florida, which is him for obviously something that has law. Those seven seemed to me to have why we have so much training in Flor- been well thought out and deeply felt. their minds already made up. ida. The pilots can go out there in that He is a distinguished Senator who has That is not what I want in a judge. I restricted airspace. Are they going to served decades in the Senate and who want a judge who is going to be fair- take away my right to utilize the fili- has risen to the position as chairman minded, who is going to listen to all buster to protect the interests of Flor- of the Finance Committee. He under- the nuances and make a fair and rea- ida? stands the traditions and the comity of soned judgment. It is obvious that today they have this institution in order for it to func- I gave the President the benefit of started trying to drill off the coast of tion. It clearly cannot function unless the doubt on these 209. I can tell you, Florida. Two weeks ago, I had a meet- Senators can get along and trust each some of those were in Florida. On those ing with the Secretary of the Interior, other, where Senators can have respect I didn’t give him the benefit of the and I pleaded with her, as she had for one another, and where the minor- doubt; those were good because in Flor- agreed back in 2001, that she would not ity is not run over all the time by the ida we have a system whereby we have include within the 5-year plan that majority. a judicial nominating commission, That is one of the great checks and which is not by law but has been by there would be drilling further, other balances of this constitutional system custom over the years, and that judi- than what was the agreement back in that we have. The rights of the minor- cial nominating commission receives 2001, to extend an additional 1.5 million ity are protected because of extended the applications of people who want to acres for oil and gas leasing, and it debate which, at the end of the day, en- be a Federal district judge, they inter- started to intrude into the eastern Gulf courages compromise and consensus view them, and they make a rec- of Mexico. She promised it in the 5- building. ommendation to the Senators and to year plan which was from 2002 to 2007. As the Good Book says: Come, let us the White House. The arrangement So when I met with her 2 weeks ago I asked her to give me that—— reason together. that Senator GRAHAM and I had with So I thank the Senator for his com- the White House, with Alberto The PRESIDING OFFICER. The Sen- ments. I thank him for being a mentor Gonzales, then the counsel for the ator’s time has expired. to me, as I have so enjoyed his com- White House, was that we would inter- Mr. NELSON of Florida. I ask for an pany and his leadership as well as the view all of those recommended to us— additional 5 minutes to proceed. company of all these Senators. There is sometimes it was three, sometimes it Mr. REID. It is my understanding the not a Senator here that I don’t like. I was six—for the vacancy, and we would majority leader is on his way. I have no like them all. I want to see this body tell the White House if we had an ob- problem with the Senator speaking and continue to function as it has for 216 jection. the same time would be extended to years, as the greatest deliberative body That has worked. On the judges from the majority. in the world. We are about to change Florida that are within that 209 that I Mr. KYL. Reserving the right to ob- that dramatically if this nuclear op- voted for, I can tell you they are good ject, I was going to speak at 6 o’clock. tion is, in fact, employed. appointments. My understanding is the minority lead- I thank the Senator for his com- But that was the give and take beer and the majority leader wanted to ments. tween the Senate and the White House intercede with a brief colloquy or com- Mr. President, I want to add in my in the filling of a judicial vacancy. ments. In order for my scheduling pur- own little way a plea to the rest of the That is not the ramming down your poses, I would like to know what the

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5506 CONGRESSIONAL RECORD — SENATE May 19, 2005 timing then might be. Can the distin- and I talk about coming to the floor, it the Senate, Bob Dole, dated Thursday, guished minority leader give me some is dog time, meaning every minute is 7 May 19, 2005. idea? minutes, so you never know. The PRESIDING OFFICER. Without Mr. REID. The Republican leader is Mr. KYL. Mr. President, I will go objection, it is so ordered. going to come to the floor and talk ahead and in between the sandwich we (See exhibit 1.) about what the schedule will be the will have the meat which will be the Mr. KYL. Secondly, I would like to next couple of days. It should not take conversation between the two leaders, very briefly remind my colleagues of long. I ask when he shows up that the but I will proceed with my remarks. the fact that when we talk about the distinguished Senator from Florida Now I am told the leader is indeed on numbers of judges President Bush has yield to the majority leader. his way, so I will suspend and yield to nominated who have been confirmed, it Mr. NELSON of Florida. Of course. the distinguished majority leader. is important for us to remember that Mr. REID. We get 5 minutes, they get The PRESIDING OFFICER (Mr. there has never been any controversy 5 minutes. CHAMBLISS). The majority leader is rec- with respect to district court judges. The PRESIDING OFFICER. Without ognized. Almost all Presidents’ district court objection, it is so ordered. Mr. FRIST. Mr. President, many judges are confirmed. Those are rec- The Senator from Florida is recog- Members have been inquiring about the ommended for nomination usually by nized for an additional 5 minutes. schedule, but I do want to thank all Members of the Senate, and it is rare, Mr. NELSON of Florida. This fili- Senators for their statements today, as indeed, that we would object to each buster issue is so important to me as I well as yesterday. The debate time has other’s recommendations. Instead, for project how it can be taken away from been evenly divided. We have heard all Presidents there is a very high me as I try to protect the interests of from a number of people. This is our number of district court judges con- Florida. second day of debate on the nomina- firmed. And indeed, that was the case I was about to point out that al- tion of Priscilla Owen for the Fifth Cir- with President Clinton and has been though the Secretary of the Interior 2 cuit Court. We have not had very much the case so far with President Bush. weeks ago, when I requested in the in the way of pauses in the debate. We So when talking about the numbers next 5-year plan that she extend the have used floor time well. And from of judges confirmed, and wondering same protections of no additional drill- both leaders, we thank everybody for what the fuss is all about, our constitu- ing in the Gulf of Mexico off of Florida, their participation and cooperation. It ents might want to focus on the fact would not give me that assurance. has been a constructive debate. that what the other side usually does I now see, as the result of a vote Tomorrow, we will resume debate. not talk about is the fact that the today in the House of Representatives, We will be continuing debate tonight, judges that are not being confirmed are an amendment offered for oil and gas but for people’s planning purposes, to- circuit court judges. These are the drilling off of the State of Florida. It morrow we will resume debate on Pris- judges directly below the U.S. Supreme may have been this amendment, may cilla Owen, and it would be my intent Court. There are not very many of have been just for gas drilling. That is to ask consent for some limitation of them. They are very important. And the proverbial camel’s nose under the time before we vote on the Owen nomi- these are the judges who are being fili- tent. nation. If we are unable to reach an bustered by the minority. All drilling, happily, in that amend- agreement, I would then file a cloture How many? Well, in the case of Presi- ment failed in the House of Representa- motion tomorrow, on Friday. dent Bush, in his first term—and none tives, but the Bush administration’s in- On Monday, we would return to ses- have been confirmed now at the begin- tent is now clear since the Secretary of sion and continue the debate on Pris- ning of his second term, so this is the Interior would not give me that assur- cilla Owen, much in the same vein it full story—35 of the President’s 52 ance that she gave me back in 2001. It has been yesterday, today, and will be nominees have been confirmed. That is is their intent to start drilling off the tomorrow. I encourage, once again, our only a confirmation rate of two-thirds coast of Florida in the Gulf of Mexico, colleagues to take advantage of the op- or 67 percent. And that puts that at the which brings me back to the filibuster. portunity to speak. The reason we are lowest percentage of any President in I don’t want to lose this precedent of spending the time is to make sure all our modern history. This chart says 216 years in the Senate, to lose this ideas and thoughts and concerns are ‘‘ever.’’ And that is what we are talk- right of a filibuster. If we do it with re- expressed. ing about here, the 10 filibusters and 6 gard to these judges, then what is com- The Democratic leader and I have other threatened filibusters last year ing next, they will take away our right discussed this, and we will have a vote of the President’s circuit court judges to stand up here for the interests of our on Monday at approximately 5:30. It who have been filibustered and, as a re- States? will be a procedural vote. I anticipate sult, have never received an up-or-down This is a matter of tremendous grav- it will be—we will say 5:30 now. Sen- vote. That is what is troubling us. ity. It affects all of us. ators should return for debate on this So I want folks to understand that I yield the floor. vote. On Monday, Senators will have as instead of talking about almost 200 Mr. REID. I suggest the absence of a much time as they need to debate the judges confirmed, and only a very few quorum. pending nomination. We will file clo- rejected, what we are talking about is The PRESIDING OFFICER (Mr. ture tomorrow, and then we would have the circuit court judges. And of those, CHAMBLISS). The clerk will call the the cloture vote on Tuesday. And the only 35 of 52 have been confirmed. That roll. timing of that vote is something the is what this is all about. And these are The assistant legislative clerk pro- Democratic leader and I have not the judges directly below the position ceeded to call the roll. talked about but will do so and make of the U.S. Supreme Court. Mr. KYL. Mr. President I ask unani- our colleagues aware. What I want to talk about today is a mous consent that the order for the With that understanding—and that is very simple and yet a very momentous quorum call be rescinded. the plan—we will have no further votes question. Does the Senate have the The PRESIDING OFFICER. Without this evening. And we would have no power to govern itself? Does the Senate objection, it is so ordered. votes tomorrow as well but continue have the power to govern itself? Spe- Under the previous order, the Sen- debate. cifically, can a majority of the Senate ator from Arizona is recognized. The PRESIDING OFFICER. The Sen- establish how we are governed? I have Mr. KYL. Might I inquire of the dis- ator from Arizona. heard a lot of careless talk over the tinguished minority leader, the major- Mr. KYL. Mr. President, very briefly, last few months and days. Some have ity leader will be here shortly? before I address the primary subject of charged the Senate will soon break the Mr. REID. A few minutes ago he said my presentation, I would like to do two rules to change the rules and destroy he was on his way. things. First, I ask unanimous consent the Senate as we know it. Some Sen- Let me say, one of the distinguished to have printed in the RECORD, after ators claim the Senate is about to ab- clerks, without divulging a person’s my remarks, the Washington Times op- dicate all constitutional responsibility, name, said that when Senator FRIST ed piece by a former majority leader of is becoming a rubberstamp. Others

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5507 raise the specter of lawlessness and ba- Second, the Supreme Court held that gether and decide, for example, to nana republics. Worst of all, Senators the power to make rules is not one change the time to hold a cloture vote, speak figuratively of detonating nu- which, once exercised, is exhausted. It even though rule XXII mandates that clear bombs and shutting down the is a continuous power, always subject the vote shall occur 1 hour after the Senate’s business. to being exercised by the House. By Senate comes into session on the sec- This kind of hysteria does a tremen- ‘‘House,’’ the court means the House of ond day after the cloture petition is dous disservice not only to the Senate Representatives or the Senate. The im- filed. Yet the leaders move the votes in but to our Nation as a whole. Not only port of this statement is crucial for direct contradiction of the rules. are the claims blatantly false, but they present purposes. The power of the ma- Of course, a unanimous consent add to the already unacceptable level jority of Senators to define Senate pro- agreement is formalistically unani- of incivility in our political affairs. It cedures is one that exists at all times, mous. But that temporary rule change, is often said we should disagree with- whether at the beginning, the middle, if you want to call it that, is done com- out being disagreeable. That is a senti- or the end of Congress. pletely outside the standing rules. ment with which I wholeheartedly con- The constitutional background is How can we do this? How can the cur. A good first step would be for my simple and uncomplicated. We can gov- Senate ignore the Standing Rules of colleagues to stop making outrageous ern ourselves. We can do it by majority the Senate? The answer is simple. It claims that Republicans want to devote, and we can do it at any time. Let goes to the essence of the situation be- stroy this institution. me repeat: The Supreme Court has held fore us today. As the Supreme Court The reality is the Senate is now en- that we have the right to govern our- held, the Constitution gives the Senate gaged in a historic debate and, I be- selves, that we can do it by majority the power to make rules and govern lieve, a historic effort to protect con- vote, and we can do it any time. itself on a continuous basis. We are not stitutional prerogatives and the proper Let’s look at how the Senate employs held hostage to the standing rules, nor checks and balances between the its constitutional power to govern are we required to go through the cum- branches of our Government. itself. There are four basic ways that bersome process of amending the Republicans seek to right a wrong the Senate does so: In standing rules, standing rules when it is necessary to that has undermined 214 years of tradi- precedents, standing orders, and in get something done. This has always tion—wise, carefully thought out tradi- rulemaking statutes. I will discuss been true. A fourth way that the Senate exertion. The fact that the Senate rules each briefly in turn. theoretically allowed the filibuster of First, the Senate has adopted stand- cises its constitutional power is judicial nominations, but were never ing rules to govern some but not all through rulemaking statutes. For ex- used to that end, is an important indi- Senate practices and procedures. I have ample, for 30 years the Budget Act has cator of what is right and why the seen much confusion in the press and been placing severe restrictions on the precedent of allowing up-or-down votes even, sadly, in this body about those rights of Senators to debate. Indeed, the Congressional Research Service has is so well established. It is that prece- standing rules. Some argue that the identified 26 rulemaking statutes that dent that has been attacked and which standing rules are the be-all and end- somehow limit the ability of individual we seek to restore. all of Senate practice and procedure. Fortunately, the Senate is not pow- Senators to debate and/or amend legis- The confusion might be understandable erless to prevent a minority from run- lation. Think about that for a moment. outside the Senate, but Senators know ning roughshod over its traditions. It We hear much pontificating on this that these rules are but one aspect of has the power—indeed, I would say the floor about the supposedly sacred and the overall set of tools, the broader obligation—to govern itself. As I will untouchable right of Senators to de- rules that the Senate uses to govern demonstrate today, that power to gov- bate on an unlimited basis. Yet, argu- itself. ern itself easily extends to the device ably, our most important function, That brings us to the second way the that has come to be known as the con- that of ensuring that government serv- Senate exercises its constitutional stitutional option. ices are budgeted and receive funding, power: the creation of precedents. The Constitution is clear about the is subject to carefully crafted restric- Precedents are created whenever the scope of the Senate’s power to govern tions of that right of debate. We have Presiding Officer rules on a point of itself. Article I, section 5, clause 2 of 50 hours of debate, followed by a major- order, when the Senate sustains and/or the Constitution states that each ity vote, period. For generations, Sen- rejects an appeal of the Presiding Offi- House may determine the rules of its ators have judged some limits on de- cer’s ruling on a point of order, or proceedings. bate are necessary just as a matter of The Supreme Court of the United when the Senate itself rules on a ques- common sense. This is one of them. States has rarely interpreted this tion that has been submitted to it by Parenthetically, no matter how clause, but one case is important for the Presiding Officer. many times a few Senators say other- our purposes, the case of the United As former Parliamentarian and Sen- wise, this controversy before us now States v. Ballin, a case decided in 1892. ate procedural expert Floyd Riddick has nothing whatsoever to do with free That case dealt with the power of the has said: speech, as the minority leader himself majority of the House of Representa- The precedents of the Senate are just as has acknowledged. This dispute has tives to make rules, and it contains significant as the rules of the Senate. never been about the length of debate. two holdings that bear on our situation Let me repeat what Mr. Riddick said: It is about blocking judicial nominees. today. The precedents of the Senate are just as We will have plenty of debate on all of First, the Supreme Court held that significant as the rules of the Senate. the nominees, as much as anyone the powers delegated to the House or Indeed, as we will see, precedents wants. the Senate through article I, section 5, have sometimes been created that di- I would like to move to another im- clause 2 are powers held by a simple rectly contradict the Standing Rules of portant aspect of this discussion: The majority of the quorum. The Constitu- the Senate. I will return to that point role of tradition and norms of conduct tion states that a majority of Members later, but I want everyone to remember in the day-to-day functioning of the constitutes a quorum, and the Supreme what Mr. Riddick said. Senate. This is crucial. Although it is Court, therefore, held that ‘‘when a A third way that the Senate exer- frequently said that the unique fea- majority are present the house is in a cises its constitutional power is tures of the Senate are individual Sen- position to do business.’’ through standing orders which can be ator’s rights to demand and amend, The Supreme Court continued: adopted by legislation, Senate resolu- there is another even more central as- All that the Constitution requires is the tions, or run-of-the-mill unanimous pect to Senate procedure. As I see it, presence of a majority. consent agreements. It is worth paus- the overriding feature of the Senate is Thus, a majority is all the Constitu- ing to note that the Senate regularly the mutual self-restraint and respect tion requires for us to make rules, to overrides the standing rules and prece- for the settled norms of this body. I set precedents, and to operate on a dents of the Senate through unanimous would like to consider a few examples. day-to-day basis. The Supreme Court consent agreements. You saw that a Senators limit their speech on an in- made this clear. few minutes ago. Our leaders get to- formal basis every day. We cut short

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5508 CONGRESSIONAL RECORD — SENATE May 19, 2005 remarks so that others can speak. We and Republicans alike in making sure calls, and force rollcall votes on the did that a few moments ago. We acqui- there were no filibusters. amendments. Rule XXII prohibited dil- esce in unanimous consent agreements Ironically, some point to those suc- atory or nongermane amendments, but that will have the effect of denying cessful cloture votes for confirmed Senate procedure did not rule these ourselves any chance to speak on a judges and claim those nominees were amendments out of order. True, a Sen- subject. We decline to object to proce- filibustered. Well, all that establishes ator could raise a point of order dural unanimous consent requests even is that both parties ensured a super- against one of these dilatory amend- though we might have good reason to majority to end debate, precisely to ad- ments, but any favorable ruling could want to slow down Senate business. We here to historical norms. We took the be appealed. A rollcall vote could then acquiesce in our leader’s floor sched- steps to ensure those judicial nominees be demanded on that appeal. And once ule. We work with bill managers to who reach the Senate floor received the that rollcall vote began, the obstruct- limit amendments so that the Senate fair up-or-down votes to which they ing Senators could accomplish their can function, so that each individual were entitled. Again, the standing slowdown in a different way—filibuster Senator’s rights do not become an im- rules might have permitted such ob- by rollcall vote. To make matters pediment to the task of governing. struction, but the Senate norms and worse, in 1977, before any point of order Senators have rights, but we also have traditions did not. could even be made against an amend- obligations to each other and to the To the extent the rules technically ment, the amendment in question had Nation. permitted such obstruction, the tradi- to be read by the clerk. By objecting to So we limit our rights on the basis of tions had rendered the power obsolete the routine courtesy of waiving the mutual respect and a belief in good and inert. In common law, there is a reading of the amendment, the ob- government but, candidly, also out of doctrine called desuetude, which means structing Senators delayed the busi- fear of retaliation. If I assert my rights that obsolete or unenforced laws shall ness of the Senate even further. too forcefully, I not only disrespect my not have effect in the future even if not That all may seem complicated, but colleagues, but I threaten my own pub- formally repealed. In other words, a there is one undeniable truth about lic policy goals. The result is a com- law that is de facto unenforced may be what these obstructing Senators were plicated mutual truce of sorts that al- treated as ineffective de jure as well. doing. It was all completely permitted lows us to do the people’s business in We faced a similar situation in the under the standing rules and the prece- an orderly way. In a word, we gain in- Senate. In fact, our tradition was our dents of the Senate. At the same time, stitutional stability. rule. To minimize the traditions of this however, these tactics were in viola- In short, the Senate is institution- body is to display a naive and legalistic tion of settled Senate norms and prac- ally stable, not just because of rules, misunderstanding of the institution. tices. So what was the Senate to do? precedents, or the standing order, or To say we are a body of traditions is The answer came when the then- the rulemaking statutes I discussed. meaningless if we do not acknowledge Democratic majority leader made the The body is stable because we respect that our traditions have content and decision these new tactics were dila- each other’s prerogatives. We under- meaning. There can be no question tory, in violation of the traditional stand that any breach of the truce will that the filibusters of the last Congress norms, and could no longer prevail. He produce a reaction. And it is that basic broke that Senate tradition and, there- asked then-Vice President Walter Mon- understanding of physics, action, and fore, the set way this body had gov- dale to sit in the chair in his capacity reaction, coupled with a genuine good- erned itself. By breaking traditions of as President of the Senate. The Demo- will that allows us to function even the Senate, members of the minority cratic majority leader made a point of with the many individual rights that should have known they would force order that ‘‘when the Senate is oper- we possess. The rights only work be- the Senate to react. Tradition should ating under cloture, the chair is re- cause we so often choose not to exer- never change without consensus, and a quired to take the initiative under cise them. So it is not just rights that consensus requires, at a minimum, a Rule XXII to rule out of order all define the Senate but also restraint. majority. The question is, what are we amendments that are dilatory or which Which brings us back to the fili- to do when norms and traditions are on their face are out of order.’’ Mon- buster of judicial nominations. It is changed by the minority? What do we dale sustained the point of order, even certainly the case that the Standing do when there is no consensus, just a though it had no foundation in the Rules of the Senate do countenance the minority with a determination to ex- rules or precedents of the Senate. An- filibuster of judicial nominations, but ploit dormant rules to further partisan other Senator appealed the Mondale it is equally the case that the long- end? The Senate can do one of two ruling, and the Democratic majority standing norms of the Senate do not. things: Let our traditions be trans- leader moved to table. The Senate then Until 2003, no judicial nominee with deformed and permit rule by minority or voted to table the appeal. In doing so, monstrable support of a majority of we can insist that the Senate maintain the Senate created a new precedent. Senators had ever been denied an up- traditional norms and take action to But that precedent ran directly con- or-down vote on the Senate floor protect them. trary to the Senate’s longstanding pro- through a filibuster. Even on the rare That brings us to the constitutional cedures which had required Senators to occasions where there were attempts, option itself. The constitutional option raise points of order to enforce Senate they failed on a bipartisan basis. And is nothing more than the Senate gov- rules. Under the new precedent estab- why? Because the filibuster of judicial erning itself, as the Constitution pro- lished by the Senate, no such point of nominations used as a minority veto vides, by acts of majorities of Senators. order would be necessary. was not part of our tradition and never The Senate has been in this situation Again, this may seem complicated, had been. Again, out of respect for fel- before 4 times over a 10-year period, but these small changes had dramatic low Members, for the President, and for when the Senate majority reacted to a effects. The Democratic majority lead- the judiciary, and out of a recognition minority using rules that had not tra- er began to call up each of the dilatory of the long-term impact of such tac- ditionally been used to obstruct Senate amendments so the Chair could rule tics, the Senate had always declined to business. My colleague Senator MCCON- them out of order. One by one, the march down this path. NELL will discuss each instance in Chair obliged. Under normal cir- When I entered the Senate in 1995, I depth. I address one in particular by cumstances, an appeal would have been had grave concerns about some of more way of illustration. in order, but the majority leader exer- activist nominees that President Clin- In 1977, two Senators attempted to cised his right of preferential recogni- ton sent to us. block a natural gas deregulation bill tion to block any appeal. He quickly But I listened to Chairman ORRIN after cloture had already been invoked. called up every remaining amendment, HATCH, Majority Leader TRENT LOTT, They were succeeding through a strat- Vice President Mondale ruled them out and many others. They taught that we egy of ‘‘filibuster by amendment.’’ of order, and all of the amendments had a longstanding Senate tradition Post-cloture debate time had lapsed, were disposed of. against blocking Senate nominations but the obstructing Senators could Nearly 20 years later, the Senator by filibuster. So I joined Democrats still call up amendments, force quorum who orchestrated those events in 1977

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5509 explained to the Senate what he had though Majority Leader Lott and most of case interpreting Congress’s rulemaking done. He explained: the Republican caucus ultimately voted powers. [144 U.S. 1 (1892).] First, the Court I asked Mr. Mondale, the Vice President, against those nominations. But that shared held that the powers delegated to each body to go please sit in the chair; I wanted to understanding of Senate norms and prac- are held by a simple majority of the quorum, unless the Constitution expressly creates a make some points of order and create new tices—that judicial nominations shall not be supermajority requirement. [Ballin, 144 U.S. precedents that would break these filibus- blocked by filibuster—broke down in the at 6. There is no serious disagreement with ters. And the filibuster was broken—back, 108th Congress. the Supreme Court’s conclusion in Ballin. In- neck, legs, and arms. So there should be no This breakdown in Senate norms is pro- deed, Senator Edward Kennedy has said that confusion about what happened on that day. found. There is now a risk that the Senate is creating a new, 60-vote confirmation stand- only a majority is necessary to change Sen- That was the constitutional option in ard. The Constitution plainly requires no ate procedures. Congressional Record, Feb. action. The Senate faced a situation more than a majority vote to confirm any 20, 1975, S3848. Senator Charles Schumer con- where a minority of Senators was frus- executive nomination, but some Senators ceded during a Judiciary subcommittee hear- trating Senate business in an have shown that they are determined to ing on the constitutionality of the filibuster untraditional way. The majority override this constitutional standard. Thus, that Senate rules ‘‘could be changed by a wished to proceed. The majority did if the Senate does not act during the 109th majority vote.’’ S. Hrg. 108–227 (May 6, 2003), at 60.] The Constitution itself sets the not propose any formal rules change, Congress to restore the Constitution’s simple-majority standard, it could be plausibly quorum for doing business—a majority of the refer the proposal to the Rules Com- argued that a precedent has been set by the Senate. [U.S. Const., art. I, 5, cl. 1.] Second, mittee, wait for its action, and then Senate’s acquiescence in a 60-vote threshold the Supreme Court held that the ‘‘power to bring it to the floor under rule XXII’s for nominations. make rules is not one which once exercised is cloture provisions for such rule change One way that Senators can restore the exhausted. It is a continuous power, always proposals. That procedure was not fol- Senate’s traditional understanding of its ad- subject to be exercised by the house.’’ lowed. Instead, the majority leader rec- vice and consent responsibility is to employ [Ballin, 144 U.S. at 5.] Thus, the Supreme ognized that the Senate had the con- the ‘‘constitutional option’’—an exercise of a Court has held that the power of a majority of Senators to define the Senate’s procedures stitutional power to bypass that route, Senate majority’s power under the Constitu- tion to define Senate practices and proce- exists at all times whether at the beginning, which is exactly what the Senate did. dures. The constitutional option can be exer- middle, or end of a Congress. As I mentioned earlier, that same cised in different ways, such as amending The Senate majority exercises this con- Democratic leader would create several Senate Standing Rules or by creating prece- stitutional rulemaking power in several other precedents while serving as ma- dents, but regardless of the variant, the pur- ways: jority leader, in each case because he pose would be the same—to restore previous First, it has adopted Standing Rules to concluded the existing standing rules Senate practices in the face of unforeseen govern some Senate practices and procedures. Those rules formally can be changed and precedents of the Senate were in- abuses. Exercising the constitutional option in response to judicial nomination filibusters by a majority vote. Any motion to formally adequate, and that a majority of Sen- amend the Standing Rules is subject to de- ators had the power to alter the way would restore the Senate to its longstanding norms and practices governing judicial bate, and Senate Rule XXII creates a special the Senate governs itself. In 1979, for nominations, and guarantee that a minority two-thirds cloture threshold to end that de- example, a new precedent was created does not transform the fundamental nature bate. to prevent legislation on appropria- of the Senate’s advice and consent responsi- Second, the Senate operates according to tions bills, in direct contravention of bility. The approach, therefore, would be Senate precedents, i.e., rulings by the Chair the text of the standing rules at that both reactive and restorative. or the Senate itself regarding questions of This constitutional option is well grounded Senate procedure. A precedent is created time. In 1980, the Senate used the con- whenever the Chair rules on a point of order, stitutional option to eliminate the in the U.S. Constitution and in Senate history. The Senate has always had, and repeat- when the Senate sustains or rejects an ap- ability to debate and filibuster the mo- edly has exercised, the constitutional power peal of the Chair’s ruling on a point of order, tion to proceed to a particular item on to change the Senate’s procedures through a or when the Senate itself rules on a question the Executive Calendar. That situation majority vote. Majority Leader Robert C. that has been submitted to it by the Chair. is remarkably similar to the one we Byrd used the constitutional option in 1977, [Floyd M. Riddick, Senate Parliamentarian, face today. In 1987, in a complicated set 1979, 1980, and 1987 to establish precedents Oral History Interviews (November 21, 1978), of maneuvers, the Senate created new changing Senate procedures during the mid- Senate Historical Office, Washington, D.C., dle of a Congress. And the Senate several at 429.] As former parliamentarian and Sen- precedents to limit minority rights and ate procedural expert Floyd M. Riddick has declare that certain dilatory tactics times has changed its Standing Rules after the constitutional option had been threat- said, ‘‘The precedents of the Senate are just during the morning hour were out of ened, beginning with the adoption of the as significant as the rules of the Senate.’’ order. first cloture rule in 1917. Simply put, the [Riddick interview at 426.] Third, the Senate binds itself through rule- I will not examine each of these his- constitutional option itself is a longstanding making statutes that constrain and channel torical events in detail today. Instead, feature of Senate practice. I ask unanimous consent to have print- This paper proceeds in four parts: (1) a dis- the consideration of particular matters and guarantee that the Senate can take action ed in the RECORD a copy of the policy cussion of the constitutional basis of the on certain matters by majority vote. At paper prepared by the Republican Pol- Senate’s right to set rules for its proceedings; (2) an examination of past in- least 26 such rule-making statutes govern icy Committee, which I chair, which Senate procedure and limit the right to de- examined each of these events in great stances when Senate majorities acted to define Senate practices—even where the writ- bate, dating back to the 1939 Reorganization detail. ten rules and binding precedents of the Sen- Act and including, most prominently, the There being no objection, the mate- ate dictated otherwise; (3) an evaluation of 1974 Budget Act. [Martin B. Gold, Senate rial was ordered To be printed in the how this history relates to the present im- Procedure and Practice (2004), at 5. For a RECORD, as follows: passe regarding judicial nomination filibus- complete list of the 26 statutes that limit Senate debate, see John Cornyn, Our Broken THE SENATE’S POWER TO MAKE PROCEDURAL ters; and (4) a clarification of common mis- Judicial Confirmation Process and the Need RULES BY MAJORITY VOTE understandings of the constitutional option. for Filibuster Reform, 27 Harv. J. L. Pub. INTRODUCTION The purpose of this paper is not to resolve the political question of whether the Senate Pol’y 181,213–214 (2003).] In recent months, there has been growing Finally, the Senate can modify the above should exercise the constitutional option, public interest in the Senate’s ability to procedures through Standing Orders, which but merely to demonstrate the constitu- change its internal procedures by majority can be entered via formal legislation, Senate tional and historical legitimacy of such an vote. The impetus for this discussion is a resolutions, and unanimous consent agree- approach. Senate minority’s use of the filibuster to ments. block votes on 10 judicial nominations dur- THE CONSTITUTION: THE SENATE’S RIGHT TO SET It is important to emphasize, however, ing the 108th Congress. Until then, a bipar- PROCEDURAL RULES that these rules are the mere background for tisan majority of Senators had worked to- The Senate’s constitutional power to make day-today Senate procedure. As any Senate gether to guarantee that filibusters were not rules is straightforward, but two issues do observer knows, the institution functions to be used to permanently block up-or-down warrant brief elaboration—the number of primarily through cooperation and tacit or votes on judicial nominations. For example, Senators that are constitutionally necessary express agreements about appropriate behav- as recently as March 2000, Majority Leader to establish procedures and whether there ior. Most business is conducted by unani- Trent Lott and Minority Leader Tom are any time limitations as to when the rule- mous consent, and collective norms have Daschle worked together to ensure that judi- making power can be exercised. emerged that assist in the protection of mi- cial nominees Richard Paez and Marsha The Supreme Court addressed both of these nority rights without unduly hindering the Berzon received up-or-down votes, even questions in United States v. Ballin, an 1892 Senate’s business.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5510 CONGRESSIONAL RECORD — SENATE May 19, 2005 Consider, for example, the Senate’s con- and amend. Majority Leader Byrd’s response Majority Leader Byrd used the constitu- trasting norms regarding the exercise of in- was to implement procedural changes tional option again in 1979 in order to block dividual Senators’ procedural rights. Under through majoritarian votes in order to re- legislation on appropriations bills. [Gold & the rules and precedents of the Senate, each store Senate practices to the previously ac- Gupta, 28 Harv. J. L. Pub. Pol’y at 264–265.] Senator has the right to object to consent cepted norms of the body. Standing Rule XVI barred Senate legislative requests and, with a sufficient second, to de- In 1977, two Senators attempted to block a amendments to appropriations bills. By mand roll call votes on customarily routine natural gas deregulation bill after cloture precedent, however, such amendments were motions. If Senators routinely exercised had already been invoked. [See Martin B. permissible when offered as germane modi- those rights, however, the Senate would Gold & Dimple Gupta, The Constitutional fications of House legislative provisions. come to a standstill. Such wholesale obstruc- Option to Change Senate Rules and Proce- Thus, when the House acted first and added tion is rare, but not because the Senate’s dures: a Majoritarian Means to Overcome the legislative language to an appropriations standing rules, precedents, and rulemaking Filibuster, 28 Harv. J. L. Pub. Pol’y 206,262– measure, Senators could respond by offering statutes prohibit a Senator from engaging in 264 (2004).] A ‘‘post-cloture filibuster’’ should legislative amendments to the House’s legis- that kind of delay. Rather, Senators rarely seem counterintuitive for anyone with a cas- lative language. While another Senator employ such dilatory tactics because of the ual acquaintance with Senate rules, but might make a point of order, the Senator of- potential reaction of other Senators or the these obstructing Senators had found a loop- fering the authorizing language could re- possibility of retaliation. As a result, in- hole. Although further debate was foreclosed spond with a defense of germaneness. And, formed self enforcement of reasonable behav- by Rule XXII once post-cloture debate was by the express language of Rule XVI, that ior is the norm. exhausted, the Senators were able to delay a question of germaneness must be submitted At the same time, some ‘‘obstructionist’’ final vote by offering a series of amendments to the Senate and decided without debate. tactics have long been accepted by the Sen- and then forcing quorum calls and roll call By enabling the full Senate to vote on the ate as features of a body that respects mi- votes for each one. Even if the amendments germaneness defense without getting a rul- nority rights. Most prominent is the broadly were ‘‘dilatory’’ or ‘‘not germane’’ (which ing from the Presiding Officer first, the leg- accepted right of a single Senator to speak Rule XXII expressly prohibits), Senate proce- islative amendment’s sponsor avoided having for as long as he or she wants on pending leg- dure provided no mechanism to get an auto- to overturn the ruling of the Chair and cre- islation, subject only to the right of the ma- matic ruling from the Chair that the amend- ate any formal precedents in doing so. The jority to invoke cloture and shut off debate. ments were defective. A Senator could raise result was a breakdown in the appropriations Indeed, an overwhelming and bipartisan con- a point of order, but any favorable ruling process due to legislative amendments, and sensus in support of the current legislative could be appealed, and a roll call vote could it was happening pursuant to Senate rules filibuster system has existed for 30 years. be demanded on the appeal. Moreover, in that plainly permitted these tactics. [Standing Rule XXII’s standard for cloture— 1975, before a point of order could even be Majority Leader Byrd resolved to override three-fifths of Senators ‘‘duly chosen and made, an amendment first must have been the plain text of Rule XVI and strip the Sen- sworn’’—has been in effect since 1975.] Thus, read by the clerk. While the reading of ate of its ability to decide questions of ger- the norms of the Senate tolerate some, but amendments is commonly waived by unani- maneness in this context. Senator Byrd’s not all, kinds or degrees of obstruction. mous consent, anyone could object and re- mechanism was similar to the motion he em- Thus, while written rules, precedents, and quire a reading that could further tie up Sen- ployed in 1977: he made a point of order that orders are important, common under- ate business. Thus, the finality that cloture ‘‘this is a misuse of precedents of the Senate, standings of self-restraint, discretion, and is supposed to produce could be frustrated. since there is no House language to which These practices were proper under Senate institutional propriety have primarily gov- this amendment could be germane, and that, rules and precedents, but Majority Leader erned acceptable Senatorial conduct. It is therefore, the Chair is required to rule on Byrd concluded in this context that these the departures from these norms of conduct the point of order as to its being legislation tactics were an abuse of Senate Rule XXII. that have precipitated institutional crises on an appropriation bill and cannot submit His response was to make a point of order that require the Senate to respond. the question of germaneness to the Senate.’’ that ‘‘when the Senate is operating under [Gold & Gupta, 28 Harv. J. L. Pub. Pol’y at THE HISTORY: THE SENATE’S REPEATED USE OF cloture the Chair is required to take the ini- 265 (emphasis added).] The Chair sustained THE CONSTITUTIONAL OPTION tiative under rule XXII to rule out of order the point of order, and the Senate rejected The Senate is a relatively stable institu- all amendments which are dilatory or which the ensuing appeal, 44–40. tion, but its norms of conduct have some- on their face are out of order.’’ [Gold & The result of Majority Leader Byrd’s exer- times been violated. In some instances, a mi- Gupta, 28 Harv. J. L. Pub. Pol’y at 263.] The cise of the constitutional option was a bind- nority of Senators has rejected past prac- Presiding Officer, Vice President Walter ing precedent that caused the Senate to op- tices and bipartisan understandings and ex- Mondale, sustained the point of order, an- erate in a manner directly contrary to the ploited heretofore ‘‘off limits’’ opportunities other Senator appealed, and Majority Leader plain language of Rule XVI. [Gold & Gupta, to obstruct the Senate’s business. At other Byrd immediately moved to table. The Sen- 28 Harv. J. L. Pub. Pol’y at 265.] Moreover, times, a minority of Senators has abused the ate then voted to sustain the motion to table the method was contrary to past Senate rules and precedents in a manner that vio- the appeal. In so doing, the Senate set a new practices regarding germaneness. But the lates Senators’ reasonable expectations of precedent that ran directly contrary to the process employed, as in 1977, was nonetheless proper procedural parameters. These are ef- Senate’s longstanding procedures which re- constitutional because nothing in the Sen- forts to change Senate norms and practices, quired Senators to raise points of order to ate’s rules, precedents, or practices can deny but they do not necessarily have the support enforce Senate rules. Now, under this prece- the Senate the constitutional power to set of a majority. dent, the Chair would be empowered to take its procedural rules. Such situations create institutional conun- the initiative to rule on questions of order in The Senate’s Executive Calendar has two drums: what should be done when a mere mi- a post-cloture environment. sections—treaties and nominations. Prior to nority of Senators changes accepted institu- The reason for Majority Leader Byrd’s tac- March 1980, a motion to enter Executive Ses- tional norms? One option is to acquiesce and tic immediately became clear. He began to sion, if carried, would move the Senate auto- allow ‘‘rule by the minority’’ so that the mi- call up each of the dilatory amendments that matically to the first item on the Calendar, nority’s norm becomes the Senate’s new had been filed post-cloture, and the Chair in- often a treaty. Rule XXII provides (then and norm. But another option has been for the stantly ruled them out of order. There was now) that such a motion to enter Executive majority of Senators to deny the legitimacy no reading of the amendments (which would Session is not debatable. However, unlike of the minority Senators’ effort to shift the have been dilatory in itself) and there were the non-debatable motion to enter Executive norms of the entire body. And to do that, it no roll call votes. The Majority Leader then Session, any motion to proceed to a par- has been necessary for the majority to act exercised his right of preferential recogni- ticular item on the Executive Calendar was independently to restore the previous Senate tion to call up numerous remaining amend- then subject to debate. In practice, then, the norms of conduct. ments, and similarly disposed of them. No Senate could not proceed to consider any This section examines those illustrative appeals could be taken because any appeal business other than the first Executive Cal- instances—examples of when the Senate re- was mooted when Majority Leader Byrd se- endar item without a Senator offering a de- fused to permit a minority of Senators to cured his preferential recognition to call up batable motion, which then would be subject change norms of conduct or to otherwise ex- additional amendments. [Gold & Gupta, 28 to a possible filibuster. [Gold & Gupta, 28 ploit the rules in ways destructive to the Harv. J. L. Pub. Pol’y at 263–264.] Harv. J. L. Pub. Pol’y at 265–267.] Senate, and, instead, exercised the constitu- This was the constitutional option in ac- Majority Leader Byrd announced his objec- tional option. tion. Majority Leader Byrd did not follow tion to this potential ‘‘double filibuster’’ When Senator Robert C. Byrd was Majority the regular order and attempt to amend the (once on the motion to proceed to a par- Leader, he faced several circumstances in Senate Rules in order to block these tactics. ticular Executive Calendar item, and again which a minority of Senators (from both par- Instead, he used a simple point of order that on the Executive Calendar item itself), and ties) began to exploit Senate rules and prece- cut off the ability of a minority of Senators exercised another version of the constitu- dents in generally unprecedented ways. The to add a new layer of obstruction to the leg- tional option. This time he moved to proceed result was obstruction of Senate business islative process. His method was consistent directly to a particular nomination on the that was wholly unrelated to the institu- with the Senate’s constitutional authority Executive Calendar and sought to do so with- tion’s great respect for the right to debate to establish procedure. out debate. Senator Jesse Helms made the

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5511 point of order that Majority Leader Byrd wise obliged to put the question to the Sen- Pub. Pol’y at 226.] Negotiators produced a could only move by a non-debatable motion ate. At that point, yet another Senator an- rule that was adopted, 76–3, with the oppos- into Executive Session, not to a particular nounced he wished to be excused from that ing Senators choosing not to filibuster. [Gold treaty or nomination. [Gold & Gupta, 28 vote. There were four roll call votes then un- & Gupta, 28 Harv. J. L. Pub. Pol’y at 226.] Harv. J. L. Pub. Pol’y at 266.] The Presiding derway—the original motion to approve the But it was only after Senator Walsh made Officer upheld the point of order given that Journal and three votes on whether Senators clear that he intended to press the constitu- it was grounded in Rule XXII and long- could be excused. If Senators persisted in tional option that those negotiations bore standing understandings of Senate practices this tactic, the time it took for roll call fruit. As Senator Clinton Anderson would re- and procedures. But Majority Leader Byrd votes would cause the Morning Hour to ex- mark in 1953, ‘‘Senator Walsh won without simply appealed the ruling of the Chair and pire, and the Majority Leader would lose his firing a shot.’’ [Gold & Gupta, 28 Harv. J. L. prevailed, 38–54. Thus, even though there was ability to move to proceed to his bill without Pub. Pol’y at 227.] no basis in the Senate Rules, and even debate. All this maneuvering was wholly The same pattern repeated in 1959, 1975, though Senate practices had long preserved consistent with the Standing Rules of the and 1979. In each case, the Senate faced a the right to debate any motion to proceed to Senate. concerted effort by an apparent majority of a particular Executive Calendar item, the Majority Leader Byrd countered with a Senators to exercise the constitutional op- Senate exercised its constitutional power to point of order, arguing that the requests to tion to make changes to Senate rules. In ‘‘make rules for its proceedings’’ and created be excused were, in fact, little more than ef- 1959, some Senators threatened to exercise the procedure that the Senate continues to forts to delay the actual vote on the ap- the constitutional option in order to change use today. proval of the Journal. His solution was to ex- the cloture requirements of Rule XXII. Then- As an historical sidenote, Majority Leader ercise the constitutional option: to use ma- Majority Leader Lyndon Johnson preempted Byrd used this new precedent to great effect jority-supported Senate precedents to its use by offering a modification to Rule in December 1980 when he bypassed several change Senate procedures, outside the oper- XXII that was adopted through the regular items (including several nominations) on the ation of the Senate rules. In three subse- order. [Gold & Gupta, 28 Harv. J. L. Pub. Executive Calendar to take up a single judi- quent partyline votes, three new precedents Pol’y at 240–247.] In 1975, the Senate three cial nomination—that of Stephen Breyer, were established: first, that a point of order times formally endorsed the constitutional then Chief Counsel to the Senate Judiciary could be made declaring repeated requests to option by creating precedents aimed at fa- Committee, to be a judge on the U.S. Court be excused from voting on a motion to ap- cilitating rule changes by majority vote, al- of Appeals for the First Circuit. Judge prove the Journal (or a vote subsumed by it) though the ultimate rule change (also to Breyer was later nominated and confirmed to be ‘‘dilatory;’’ second, that repeated re- Rule XXII) was implemented through the to the U.S. Supreme Court in 1994. Without quests to be excused from voting on a motion regular order after off-the-Floor negotia- Majority Leader Byrd’s exercise of the con- to approve the Journal (or a vote subsumed tions. [Gold & Gupta, 28 Harv. J. L. Pub. stitutional option earlier that year, it is al- by it) ‘‘when they are obviously done for the Pol’y at 252–260.] And in 1979, Majority Lead- most certain that Justice Breyer would not purpose of delaying the announcement of the er Byrd threatened to use the constitutional be on the Supreme Court today. vote on the motion to approve the Journal, option unless the Senate consented to a time A fourth exercise of the constitutional op- are out of order;’’ and third, that a Senator frame for consideration of changes to post- tion came in 1987 when Senator Byrd was has a ‘‘limited time’’ to explain his reason cloture procedures. The Senate acquiesced, once again Majority Leader. The controversy for not voting, i.e., he cannot filibuster by and the Majority Leader did not need to use in question involved an effort by Majority speaking indefinitely when recognized to the constitutional option as he had in the Leader Byrd to proceed to consider a par- state his reason for not voting. [Gold & other cases discussed above. [Gold & Gupta, ticular bill, an effort that had been frus- Gupta, 28 Harv. J. L. Pub. Pol’y at 267–269.] 28 Harv. J. L. Pub. Pol’y at 260; Congres- trated because a minority of Senators ob- Majority Leader Byrd had crafted these new sional Record, Jan. 15, 1979.] jected each time he moved to proceed. To procedures completely independently of the The Senate, therefore, has long accepted thwart his opponents, Majority Leader Byrd Senate Rules, and they were adopted by a the legitimacy of the constitutional option. sought to use a special feature of the Senate partisan majority without following the pro- Through precedent, the option has been exer- Rules—the Morning Hour (the first two cedures for rule changes provided in Rule cised and Senate procedures have been hours of the Legislative Day). XXII. Yet the tactics were wholly within the changed. At other times it has been merely Under Rule VIII, a motion to proceed to an Senate’s constitutional power to devise its threatened, and Senators negotiated textual item on the Legislative Calendar that is own procedures. rules changes through the regular order. But made during the Morning Hour is non-debat- This 1987 circumstance offers a very impor- regardless of the outcome, the constitutional able. This feature of the rules gives the Ma- tant precedent for the present difficulties. option has played an ongoing and important jority Leader significant power to set the Majority Leader Byrd established that a ma- role. Senate agenda due to his right to pref- jority could restrict the rights of individual THE JUDICIAL FILIBUSTER AND THE erential recognition (which is, itself, a crea- Senators outside the cloture process if the CONSTITUTIONAL OPTION ture of mere custom and precedent). Such a majority concluded that the Senators were The filibusters of judicial nominations dur- motion cannot be made, however, until the acting in a purely ‘‘dilatory’’ fashion. Pre- ing the 108th Congress were unprecedented in Senate Journal is approved and Morning vious to that day, dilatory tactics were only Senate history. [This historical observation Business is thereafter concluded (or the first out of order after cloture had been invoked. has been conceded by leading Senate Demo- of the two hours has passed). Meanwhile, the The Senate also has endorsed (or acted in crats. For example, the Democratic Senato- clock runs on the Morning Hour while that response to) some version of the constitu- rial Campaign Committee solicited cam- preliminary business takes place. When the tional option several other times over the paign contributions in November 2003 with Morning Hour expires, a motion to proceed past 90 years—in 1917, 1959, 1975, and 1979. the claim that the filibusters were an ‘‘un- once again becomes debatable and subject to The original cloture rule, adopted in 1917, precedented’’ effort to ‘‘save our courts.’’ See filibuster. [Gold, Senate Procedure and Prac- itself appears to be the result of a threat to Senator John Cornyn, Congressional Record, tice, at 68–69.] It was this feature of the exercise the constitutional option. Until Nov. 12, 2003, S14601, S14605. No Senator has Morning Hour that Senator Byrd believed 1917, the Senate had no cloture rule at all, disputed that until Miguel Estrada asked the would enable him to proceed to the bill in although one had been discussed since the President to withdraw his nomination in question. days of Henry Clay and Daniel Webster. The September 2003, no circuit court nominee Majority Leader Byrd’s plan was com- ability of Senators to filibuster any effort to had ever been withdrawn or defeated for con- plicated, however, when objecting Senators create a cloture rule put the body in a quan- firmation due to the refusal of a minority to forced a roll call vote on the approval of the dary: debate on a possible cloture rule could permit an up-or-down vote on the Senate Journal, as was their right under the proce- not be foreclosed without some form of clo- floor.] While cloture votes had been nec- dures and practices of the Senate. Rule XII ture device. essary for a few nominees in previous years, provides that during a roll call vote, if a Sen- The logjam was broken when first term leaders from both parties consistently ator declines to vote, he or she must state a Senator Thomas Walsh announced his inten- worked together to ensure that nominees reason for being excused. The Presiding Offi- tion to exercise a version of the constitu- who reached the Senate floor received up-or- cer then must put a non-debatable question tional option so that the Senate could create down votes. The result of this bipartisan co- to the Senate as to whether the Senator a cloture rule. His method was to propose a operation was that, until 2003, no judicial should be excused from voting. When Major- cloture rule and forestall a filibuster by as- nominee with clear majority support had ity Leader Byrd moved to approve the Jour- serting that the Senate could operate under ever been defeated due to a refusal by a Sen- nal, one Senator declined to vote and sought general parliamentary law while considering ate minority to permit an up-or-down floor to be excused. Following Rule XII, the Pre- the proposed rule. Doing so would permit the vote, i.e., a filibuster. [For a review of all siding Officer put the question directly to Senate to avail itself of a motion for the pre- past cloture votes on judicial nominations the Senate—should the Senator be ex- vious question to terminate debate—a stand- prior to the 108th Congress, see Senate Re- cused?—but during the roll call on whether ard feature of general parliamentary law. publican Policy Committee, ‘‘Denying Mr. the first Senator should be excused, another [Gold & Gupta, 28 Harv. J. L. Pub. Pol’y at Estrada an Up-or-Down Vote Would Set a Senator announced that he wished to be ex- 220–226.] In this climate, Senate leaders Dangerous Precedent’’ (Feb. 10, 2003). See cused from voting on whether the first Sen- quickly entered into negotiations to craft a also Cornyn, 27 Harv. J. L. Pub. Pol’y at 218– ator should be excused. The Chair was like- cloture rule. [Gold & Gupta, 28 Harv. J. L. 227.]

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5512 CONGRESSIONAL RECORD — SENATE May 19, 2005 The best illustration of this traditional to Try Again on Blocked Judicial Nominees, All procedural changes must be made at norm is the March 2000 treatment of Presi- Boston Globe, Dec. 24, 2004 (quoting official the beginning of a Congress. Again, this dent Bill Clinton’s nominations of Richard statement by Sen. Schumer).] Senator Rus- claim does not square with history. In fact, Paez and Marsha Berzon to the U.S. Court of sell Feingold described the filibustered nomi- there is nothing special about the beginning Appeals for the Ninth Circuit. When those nees from the 108th Congress as having ‘‘been of a Congress vis-a-vis the Senate’s right to nominations reached the Senate floor, Ma- duly considered by the Senate and rejected.’’ establish its own practices and procedures, jority Leader Trent Lott, working with Dem- [Keith Perine, Fiercest Fight in Partisan or even its formal Standing Rules. As dis- ocrat Leader Tom Daschle, filed cloture be- War May Be Over Supreme Court, CQ Week- cussed above, Majority Leader Byrd used the fore any filibuster could materialize. Repub- ly, Jan. 10, 2005, at 59.] Judiciary Committee constitutional option to create a precedent lican Judiciary Chairman Orrin Hatch like- Ranking Member Patrick Leahy has referred that overrode Rule XVI’s plain text—and not wise fought to preserve Senate norms and to the filibustered nominees as having been at the beginning of a Congress. Moreover, as traditions, arguing that it would be ‘‘a trav- ‘‘effectively rejected.’’ [Congressional the Supreme Court held in Ballin, each esty if we establish a routine of filibustering Record, Feb. 27, 2004, S1887.] And in April House of Congress’s constitutional power to judges.’’ [Congressional Record, Mar. 8, 2000, 2005, Senator Joseph Lieberman claimed that make procedural rules is of equal value at all S1297.] Moreover, as a further testament to 60 votes should be the ‘‘minimum’’ for con- times. [Ballin, 144 U.S. at 5.] the bipartisan opposition to filibusters for firmation. [Senator Joseph Lieberman, Tran- The essential character of the Senate will judicial nominations, more than 20 Repub- script of Press Conference, Apr. 21, 2005.] be destroyed if the constitutional option is licans who opposed the nominations and who These characterizations illustrate the extent exercised. When Majority Leader Byrd re- would vote against them nonetheless sup- to which the Senate has lost its moorings. peatedly exercised the constitutional option ported cloture for Mr. Paez and Ms. Berzon, Without restoration of the majority-vote to correct abuses of Senate rules and prece- and cloture was easily reached. [For Berzon, standard, judicial nominations will require dents, those illustrative exercises of the op- compare Record Vote #36 (cloture invoked, an extra-constitutional supermajority to be tion did little to upset the basic character of 86–13) with #38 (confirmed, 64–34); for Paez, confirmed, without any constitutional the Senate. Indeed, many observers argue compare Record Vote #37 (cloture invoked, amendment—or even a Senate consensus— that the Senate minority is stronger today 85–14) with #40 (confirmed, 59–39). All votes supporting that change. Any exercise of the in a body that still allows for extensive de- on Mar. 8–9, 2000.] Had every Senator who constitutional option would, therefore, be bate, full consideration, and careful delibera- voted against Mr. Paez’s nomination like- aimed at restoring the Senate’s procedures tion of all matters with which it is pre- wise voted against cloture, cloture would not to conform to its traditional norms and prac- sented. have been invoked. Thus, as recently as tices in dealing with judicial nominations. It Exercising the constitutional option would March 2000, more than 80 Senators were on would return the Senate to the Constitu- turn the Senate into a ‘‘rubber stamp.’’ record opposing the filibuster of judicial tion’s majority-vote confirmation standard. Again, history proves otherwise. The Senate nominations. [For a more detailed list of And it would prevent the Senate from abus- has repeatedly exercised its constitutional Senators’ historic opposition to filibusters ing procedural rules to create supermajority power to reject judicial nominations through for judicial nominations, see Senate Repub- requirements. Instead, it would be restora- straightforward denials of ‘‘consent’’ by up- lican Policy Committee, ‘‘Denying Mr. tive, and Democrats and Republicans alike or-down votes. For example, the Senate de- Estrada an Up-or-Down Vote Would Set a would operate in the system that served the feated the Supreme Court nominations of Dangerous Precedent’’ (Feb. 10, 2003). For an nation until the 108th Congress. Robert Bork (1987), G. Harold Carswell (1970), extended examination of filibustering Sen- and Clement Haynsworth (1969) on up-or- ators’ previous opposition to judicial filibus- COMMON MISUNDERSTANDINGS OF THE down votes. [See Record Vote #348 (Oct. 23, ters, see Cornyn, 27 Harv. J. L. Pub. Pol’y at CONSTITUTIONAL OPTION 1987) (defeated 42–58); Record Vote #112 (Apr. 207–211.] If the new judicial nomination fili- Senate procedures are sacrosanct and can- 8, 1970) (defeated 45–51); Record Vote #135 busters are accepted as a norm, then the not be changed by the constitutional option. (Nov. 21, 1969) (defeated 45–55).] Even in the Senate will be rejecting this history and This misunderstanding does not square 10Sth Congress, when the Senate voted on charting a new course. with history. As discussed, the constitu- the nomination of J. Leon Holmes to a fed- It is not only the Senate norm regarding tional option has been used multiple times eral district court in Arkansas, five Repub- not filibustering judicial nominations that to change the Senate’s practices through the licans voted against President Bush’s nomi- risks being transformed, but the effective creation of new precedents. Also, the Senate nee. Had several Democrats not voted for Mr. constitutional standard for the confirmation has changed its Standing Rules several times Holmes, he would not have been confirmed. of judicial nominations. There can be no se- under the threat of the constitutional op- [Record Vote #153 (July 6,2004) (confirmed 51– rious dispute that the Constitution requires tion. 46).] In other words, the Senate still has the only a Senate majority for confirmation. In- Exercising the constitutional option will ability to work its will in a nonpartisan deed, many judicial nominees have been con- destroy the filibuster for legislation. The fashion as long as the minority permits the firmed by fewer than 60 votes in the past—in- history of the use of the constitutional op- body to come to up-or-down votes. Members cluding three Clinton nominees and two Car- tion suggests that this concern is grossly from both parties will ensure that the Sen- ter nominees. [Examples of judicial nomina- overstated. Senators will only exercise the ate does its constitutional duty by carefully tions made prior to the 108th Congress that constitutional option when they are willing evaluating all nominees. to live with the rule that is created, regard- were confirmed with fewer than 60 votes in- CONCLUSION clude Abner Mikva (D.C. Cir., 1979); L.T. less of which party controls the body. For Can the Senate restore order when a mi- Senter (N.D. Miss., 1979); J. Harvie Wilkinson the very few Senators (if any) who today nority of its members chooses to upset tradi- III (4th Cir., 1984); Alex Kozinski (9th Cir., want to eliminate the legislative filibuster tion? Does the Constitution empower the 1985); Sidney Fitzwater (N.D. Tex., 1986); by majority vote, the roadmap has existed Senate to act so that it need not acquiesce Daniel Manion (7th Cir., 1986); Clarence since as early as 1917. Moreover, an exercise whenever a minority decides that the prac- Thomas (Supreme Court, 1991); Susan of the constitutional option to restore the tices, procedures, and rules should be Mollway (D. Haw., 1998); William Fletcher norms for judicial confirmations would be changed? Can the Senate majority—not nec- (9th Cir., 1998); Richard Paez (9th Cir., 2000); just that—an act of restoration. To elimi- essarily a partisan majority, but simply a and Dennis Shedd (4th Cir., 2002).] Never has nate the legislative filibuster would not be majority of Senators—act to return the Sen- the Senate claimed that a supermajority is restorative of Senate norms and traditions; ate to its previously agreed-upon norms and necessary for confirmation. it would destroy the Senate’s longstanding Recently, however, some filibustering Sen- respect for the legislative filibuster as a ve- practices? The answer to all these questions ators have suggested that a failed cloture hicle to protect Senators’ rights to amend is a clear yes. The Senate would be acting vote is tantamount to an up-or-down vote on and debate. It is also worth noting that the well within its traditions if it were to restore a judicial nomination. The new Senate Mi- Senate is now entering its 30th year of bipar- the longstanding procedural norms so that nority Leader, Harry Reid, has stated that tisan consensus as to the cloture threshold the majority standard for confirmation is the 10 filibustered judges have been ‘‘turned (three-fifths of those duly chosen and sworn) preserved and nominees who reach the Sen- down.’’ [William C. Mann, Senate leaders for legislative filibusters. [In 1995, Senators ate floor do not fall victim to filibusters. draw line on filibuster of judicial nominees, Tom Harkin and Joe Lieberman proposed a Mr. KYL. These precedents—in 1977, Boston Globe, Jan. 17, 2005.] Senator Charles major revision to the Senate filibuster rules 1979, 1980, and in 1987—bear directly on Schumer has repeatedly stated that a failed for legislation, but the proposal failed 76–19, the situation the Senate faces today. cloture vote is evidence that the Senate has attracting the support of no Republicans and In those instances, Senate business was ‘‘rejected’’ a nomination. [Senator Charles but a fraction of Democrats (who were in the being obstructed by dilatory tactics Schumer, Congressional Record, July 22, minority). The only current Senators who that had not traditionally been em- 2004, S8585 (‘‘I remind the American people sought to change the Senate’s consensus po- ployed but which were permitted under that now 200 judges have been approved and sition on legislative filibusters were Sen- the rules. The Senate faced the same 6 have been rejected’’); see also Jeffrey ators Jeff Bingaman, Barbara Boxer, Russell McMurray, Pryor Supporters Debate Timing Feingold, Tom Harkin, Edward Kennedy, conundrum as it does today: Must the of Vote, Tuscaloosa News, Jan. 10, 2005 (‘‘To John Kerry, Frank Lautenberg, Joe Lieber- Senate permit rule by the minority, or nominate judges previously rejected by the man, and Paul Sarbanes. See Record Vote #1 can it exercise its constitutional power Senate is wrong’’); Anne Kornblut, Bush Set (Jan. 5, 1995).] to restore traditional practices? In

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5513 each case, the Senate did the latter. It But I think it is important to ac- merits quite vigorously. Senators exposed created precedents that altered the knowledge, in the interest of intellec- the ethical issues involved and the wide- practices and procedures and, in some tual honesty, that if the majority spread belief the vacancy had been manufac- cases, operation of the standing rules wanted to eliminate the filibuster for tured for political purposes. They sought to use debate to persuade other senators the themselves in order to ensure that tra- all matters, including legislation, it nomination should be defeated. dition was upheld. would have certainly had that power. After less than a week, the Senate leader- What did not happen as a result of It would be wildly imprudent, contrary ship tried to shut down debate. At that time, these earlier exercises of the constitu- to tradition, generally destructive of two-thirds of the senators voting were need- tional option? the institution, but that is what the ed to do so, yet only 45 senators supported Well, first, the Senate did not col- Constitution provides—the power of the motion. Of the 43 senators who still lapse or become ‘‘like the House of the Senate to govern itself. wished to debate the nomination, 24 were Re- Representatives,’’ which is the fear of In closing, I say to my colleagues publicans and 19 were Democrats. President Johnson saw the writing on the many Senators today. what we are contemplating doing is in wall—that Fortas did not have 51 senators in Second, Senators’ speech rights are the best traditions of the Senate. We support of his nomination—so he withdrew just as strong as ever. Nor were Ameri- are restoring our consensus practices the nomination before debate could be com- cans’ free speech rights injured, as for managing the judicial confirmation pleted. some Senators say will happen. process using a tool that has been re- The events of 37 years ago contrast mark- Third, minority rights were not de- peatedly used and has always been edly with those the Senate faces today: stroyed. The Senate minority is as vi- available. I look forward to completing (1) Fortas lacked majority support when brant as ever and has been remarkably President Johnson withdrew his nomination. this debate so that we can start voting Today, Senate Democrats block up-or-down successful in obstructing the business on individual judicial nominees and votes on judicial nominees who are sup- of the Senate, whether we are talking turn to the pressing legislative matters ported by a majority of senators. about the Energy bill, medical liability of the Senate. (2) Justice Fortas was politically associ- lawsuit reform, asbestos reform, tax re- EXHIBIT 1 ated with President Johnson and eventually lief, or other issues. [From the Washington Times, May 19, 2005.] resigned from the Supreme Court under an Before I close, I would like to address ethical cloud. No such charges have been A UNIQUE CASE OF OBSTRUCTION concerns that some of my conservative made against President Bush’s nominees. (By Senator Bob Dole) friends have recently expressed. Some (3) The Senate debated the Fortas nomina- In the current debate over judicial nomination only for several days before Johnson are fretting that Republicans are tak- tions, some commentators claim Repub- withdrew the nomination, versus the four ing a dangerous step by restoring the licans such as myself are misrepresenting years some of President Bush’s nominees traditional up-or-down vote standard history by suggesting the current filibuster have been pending. It’s clear the Democrats for judicial nominees. My friends argue tactics of the Democrats are unprecedented. today have no desire to persuade, and have that Republicans may want to fili- These commentators cite the 1968 nomina- even complained further debate is a ‘‘waste buster a future Democratic President’s tion of Abe Fortas to be chief justice of the of time.’’ nominees. To that I say, I do not think United States as an example of how Repub- (4) Fortas’ support and opposition were bi- so. And even if true, I am willing to licans once attempted to block a judicial partisan, with Republicans and Democrats nomination on the Senate floor. I welcome on both sides of the question. Today, the give up that tool. It was never a power the opportunity to respond to this claim, be- controversy is purely partisan—with only we thought we had in the past, and it cause the more Americans learn about the Democratic senators, led by their leader is not one likely to be used in the fu- history of judicial nominations, the more Harry Reid, opposing an up-or-down vote. ture, unless that longstanding tradi- they will realize how terribly off-track our I recall two judicial nominations of Presi- tion is abdicated. confirmation process has become. dent Clinton’s particularly troubling to me I know some insist we will someday In 1968, President Lyndon Johnson sought and my fellow Republican members when I want to block judges by filibuster, but to elevate his longtime personal lawyer, was the Republican Leader in the Senate. I know my colleagues. I have heard then-Associate Supreme Court Justice Abe Despite our objections, both received an up- Fortas, to be chief justice. I would not be or-down vote on the Senate floor. In fact, I them speak passionately, publicly and elected a senator for a few more months, but voted to end debate on one of these nominees privately, about the injustice done to followed the news surrounding this nomina- while voting against his confirmation. Re- filibustered nominees. I think it highly tion closely. publicans chose not to filibuster because it unlikely that they will shift their There were problems with the Fortas nom- was considered inappropriate for nomina- views simply because the political ination from the beginning. Not only did he tions to the federal bench. worm has turned, again, if we sustain represent the most aggressive judicial activ- By creating a new 60-vote threshold for the tradition of the Senate. So I say to ism of the Warren court, but it soon became confirming judicial nominees, today’s Senate apparent Justice Fortas had demonstrated my friends what you say that we Re- Democrats have abandoned more than 200 lax ethical standards while serving as an as- years of Senate tradition. publicans are losing is in fact no loss at sociate justice. For the first time, judicial nominees with all. For example, it emerged Fortas had taken clear majority support are denied an up-or- My friends also argue that the legis- more than $15,000 in outside income from down vote on the Senate floor through an lative filibuster will be next. I have sources with interests before the federal unprecedented use of the filibuster. This is even seen some media outlets insist courts. This was more than 40 percent of his not a misrepresentation of history; it’s a that this exercise of the constitutional salary at the time, or about $80,000 in today’s fact. option for judicial filibusters will auto- dollars. The PRESIDING OFFICER (Mr. More fundamentally, Fortas never took off matically apply to the legislative fili- his political hat when he became a judge. ALLEN). The Senator from Texas. buster. This is completely false. More- While serving as a Supreme Court justice, Mr. CORNYN. Mr. President, at a over, no Republican Senator wants to Fortas continued serving as an informal po- time when it seems like too often de- eliminate the legislative filibuster and litical adviser to the president and even in- bate on the President’s nominees have few, if any, Democrats do. Some once volved himself in Vietnam War policy. It shed more heat than light, it has been did, but they recently recanted. In fact, later emerged Fortas had discussed pending a delight for me to sit here, as the the junior Senator from California said cases with the president, an obvious viola- Chair has, and listen to the Senator tion of professional ethics. from Arizona present in comprehensive she was ‘‘wrong . . . totally wrong’’ In fact, less than a year after his nomina- ever to have thought otherwise. tion as chief justice was withdrawn by Presi- detail the legal and constitutional Everyone here knows that political dent Johnson, Justice Fortas was forced to framework for the Senate’s authority fortunes change. It is one thing to give resign from the Supreme Court due to eth- to set its own rules by establishing this supposed ‘‘right’’ that had never ical breaches. precedents, passing standing rules, been used, such as this filibuster of ju- The claim Fortas was not confirmed due to adopting standing orders by unanimous dicial nominees. It is quite another to a ‘‘filibuster’’ is off-base. A filibuster, com- consent, and otherwise. It was an ex- be so shortsighted as to eliminate such monly understood, occurs when a minority cellent presentation and, indeed, a of senators prevents a majority from voting a powerful legislative tool. In fact, the up-or-down on a matter by use or threat of strong case, and that is exactly why first vote I ever cast as a Senator was permanent debate. leading Senators on the other side of to preserve the legislative filibuster, That simply did not happen with Fortas, the aisle, including the former Demo- and I was in the majority. where the Senate debated the nomination’s cratic majority leader, the Senator

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5514 CONGRESSIONAL RECORD — SENATE May 19, 2005 from West Virginia, the Senator from What are we to do when these nomi- member of the Texas Supreme Court. Massachusetts, and the junior Senator nees are demonized and caricatured be- As Members of this body know, I for- from New York, have all stated, as re- yond recognition to those of us who ac- merly served on that same court and cently as 2 years ago, that, of course, a tually know them; when Senators on for 3 years had the distinct pleasure of majority of Senators has the power to the other side of the aisle call them serving alongside of this able judge and set rules, precedents, and procedures. kooks, despicable, Neanderthal, and fine and decent human being. I can tell Indeed, that is why the power of the scary; when nominees are condemned you from the sharp attacks that have Senate majority to set rules, prece- as unqualified or perhaps lacking in ju- been made against her and the dents, and procedures is known as the dicial temperament, while at the same mischaracterizations that have been Byrd option or, as some have called it, time they are deemed unanimously made of the opinions she has written the constitutional option. well qualified by the American Bar As- and joined, I doubt that many Senators Let me begin my remarks by making sociation, an institution that the have actually read those opinions. If one simple point. I would prefer the bi- Democrats have always revered and they had, they would not be able, with partisan option to the Byrd option held up as the gold standard when it a straight face, to make some of the every time. America works better, in- came to qualifications to serve on the claims that have been made on this deed the Senate works better, when we Federal judiciary? floor. work together in a bipartisan way to What are we to do when Senate and Rather than reading the opinions of try to solve the problems that come be- constitutional traditions are aban- this able jurist and fine and decent fore the Congress. I would much prefer doned for the first time in more than human being, it appears the talking to stand up here, after waking each two centuries, when both sides once points they have been using are writ- day, and conduct business in a bipar- agreed that nominees would never be ten, not based on what these cases ac- tisan manner. filibustered, and then one side simply tually say, but they are talking points I have done my best to make the denies the existence of that very agree- prepared by political consultants who most of every opportunity that I have ment when it suits them, when their are more concerned with winning a seen to do so since I have been in the interpretation of Senate tradition partisan political battle at any cost. Senate. For example, I have enjoyed changes based on who happens to oc- A number of Senators, for example, working with the senior Senator from cupy the Oval Office and who happens have mentioned a case called Mont- Vermont on legislation to strengthen to be in the majority in the Senate? gomery Independent School District v. the accessibility, accountability, and What are we to do when our col- Davis. That is supposed to be an exam- openness of the Federal Government. leagues boast to their campaign con- ple of Justice Owen being ‘‘out of the I have worked with the junior Sen- tributors of this ‘‘unprecedented’’ ob- mainstream.’’ ator from Wisconsin and the senior struction, and then come to the Senate But I ask my colleagues, just read Senator from Connecticut on the im- floor and claim that it is someone else the opinion. The case involved the au- portant issue of continuity of Govern- who has changed the rules; when our thority of a local school board to dis- ment in the wake of a future terrorist colleagues justify their obstruction by miss a poorly performing and abusive attack. teacher. This teacher admitted that I have worked with the senior Sen- pointing to Clinton nominees, such as she had referred to her students as lit- ator from New York on ways that we their most prominent example, Judge tle blank blank blanks, a four-letter together can combat modern day slav- Richard Paez, who was confirmed by expletive that I will not mention on ery and human trafficking. standards they now reject for this And I have worked with the senior President’s nominees? the floor of the Senate. But when con- Senator from Massachusetts on mili- What are we to do when our col- fronted with this, the teacher justified tary citizenship and immigration leagues on the other side of the aisle the use of this expletive—to school- issues. claim that Justice Owen must cross children mind you—on the bizarre I would choose collaboration in this the threshold of 60 votes, whereas ground that she used exactly the same kind of bipartisan cooperation any day Judge Paez only required 51 votes to be language when talking to her own chil- of the week. But bipartisanship is a confirmed? dren—clearly unacceptable conduct on two-way street. Both sides must agree What are we to do when the Demo- the part of any teacher, or any adult on certain fundamental principles and crats’ former majority leader, the Sen- who is given the authority to deal so a fair process that applies no matter ator from West Virginia, claims on 1 closely with impressionable children. who is in power, whether we have a Re- day that the filibuster is sacrosanct The Senator from New York says this publican President or a Democratic and sacred to the Founders when in teacher was wrongly dismissed. Numer- President, whether we have a Repub- January of 1995 he said: ous other Senators have likewise char- lican majority or a Democratic major- I have seen filibusters. I have helped to acterized Justice Owen’s decision in ity. break them . . . the filibuster was broken— the case the same way. The most fundamental principle of back, neck, legs, arms. I have children. Many Senators have all is fairness. Fairness means that the Finally, what are we to do when they children. Are Justice Owen’s opponents same rules apply regardless of who is claim on 1 day that all they seek is really arguing that this teacher acted President. more time to debate a nomination and appropriately? That she was wrongly Bipartisanship is difficult, however, then claim on another day that there dismissed and that somehow this deci- when long-held understandings and the are not enough hours in the universe to sion, or this ruling by Justice Owen—I willingness to abide by basic agree- debate the nomination? should say in her dissenting opinion— ments and principles has unraveled so The new requirement this partisan somehow renders her out of the main- badly. Where fairness falters, biparti- minority is now imposing, that nomi- stream? Justice Owen simply said the sanship will fail. nees will not be confirmed without the local school board was justified in dis- So I ask my colleagues, what are we support of at least 60 Senators, is, by missing this teacher, hardly a decision supposed to do when these basic prin- their own admission, wholly unprece- out of the mainstream. I daresay the ciples, commitments, and under- dented in Senate history. The reason vast majority of America would agree standings have unraveled? What are we for this is simple. The case for opposing with her. to do when nominees are attacked, in- this fine nominee, Justice Priscilla However, in that case the majority of cluding being called names, simply for Owen, is so weak the only way they can the Texas Supreme Court disagreed and doing their jobs, when they are at- attempt to successfully oppose her is held that the school board could not tacked for following judicial prece- by changing the rules, imposing a dou- dismiss the teacher, notwithstanding dents adopted and agreed to by ap- ble standard in an attempt to defeat the fact that she conceded the lan- pointees of Presidents Clinton and Car- her nomination. guage that she used. Justice Owen’s ter, when they are singled out for their Different Senators during the course dissenting opinion simply concluded decision on a particular case even of this debate have come to the floor that the majority ‘‘allows a state hear- though it was held by a unanimous or and criticized judicial decisions that ing examiner to make policy decisions near unanimous court? Justice Owen has participated in as a that the Legislature intended local

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5515 school boards to make.’’ She also noted City of Garland v. Dallas Morning cial activist. As I pointed out, he swore that the majority ‘‘misinterpreted the News. In that case Justice Owen fol- under oath that is not true. It is clear Education Code.’’ lowed precedents adopted by three ap- by any reasonable reading of the opin- Another case that Senators, particu- pointees of President Carter to the ions that he never referred to her by larly the Senator from Massachusetts, Federal bench. So Justice Owen is now name or was even, in fact, referring to attacked Justice Owen for was Texas too conservative and out of the main- her by implication. Farmers Insurance Company v. Mur- stream because she happens to agree It reminds me of what Mark Twain phy. In this case, Justice Owen ruled with presidential appointees of Presi- said: A lie can travel around the world that neither an arsonist nor his spouse dent Jimmy Carter? while the truth is still putting on its should benefit from his crime by recov- The majority opinion in that case shoes. ering insurance proceeds. said we should not blindly follow the How about the pro-choice Democratic The senior Senator from Massachu- Federal courts. Justice Owen simply law professor appointed by the Texas setts says this position puts Justice said that the courts should follow Fed- Supreme Court to help set up proce- Owen out of the mainstream. I dis- eral precedence because Texas open dures under which parental notifica- agree. Do Justice Owen’s opponents government laws had originally been tion statute. Would critics tend to really believe that it is extreme and modeled after the Federal Freedom of think she might be a credible person out of the mainstream to say that Information Act. when it comes to whether Justice Owen arsonists and their spouses should not One last example. The Senator from did a good job if this same Democratic benefit from their crime? Washington mentioned a case that was pro-choice law professor supports Jus- I also point out that Justice Owen’s discussed in a recent op-ed in Roll Call. tice Owen too? She said in a letter that ruling in this case followed two unani- She claimed that in Read v. Scott has been made part of the CONGRES- mous decisions of the Fifth Circuit Fetzer Company, Judge Owen would SIONAL RECORD Justice Owen simply Court of Appeals, the very court to not allow a woman who was raped by a did what good appellate judges do which she has been nominated. Again, vacuum cleaner salesman to sue the every day. If this is activism, then any hardly out of the mainstream. company that had hired him without a judicial interpretation of a statute’s How about the case of FM Properties background check. terms is judicial activism. Operating Company v. the City of Aus- The Senator should check her facts I ask, should we trust the critics tin, relied upon also by the senior Sen- because it is simply not true. The Sen- who have misconstrued and mis- ator from Massachusetts and other ator must not have seen my letter pub- characterized and painted a picture of Senators? Justice Owen is criticized for lished in Roll Call a few days later be- this fine person beyond any recognition dissenting in this case because she did cause I pointed ought there, as I point by those who know her and have not want to use a doctrine known as out here, that the dissenting opinion worked alongside her or do you trust the nondelegation doctrine in order to made clear no one questions that the the people who actually know her, the strike down a Texas law as unconstitu- company that had hired the rapist is, people who have worked most closely tional. Yet just last month, another in fact, liable. The justices simply dis- with her? In fact, it is the very same Senator, this time the senior Senator agreed on whether another company, liberal special interest groups who from Delaware, criticized another judi- one that had not hired the rapist and criticize her today who never wanted cial nominee, Bill Pryor, for wanting had no relationship with the rapist, the legislature to pass this parental no- to use the nondelegation doctrine in should also have been held liable. tification law in the first place. another situation. So Justice Owen’s Of course, a number of Senators have It is these same liberal interest critics seem to be saying if you support spoken about the parental notification groups who literally make their living the use of this particular legal doc- cases. That is the attempt by the Texas trashing nominees of this President trine, the nondelegation doctrine, you Supreme Court to interpret a new stat- who are criticizing Justice Owen today. are out of the mainstream. And if you ute which stands for the proposition As a former justice of the Texas Su- oppose the nondelegation doctrine, you which I think most Americans would preme Court myself, I find these cases are somehow out of the mainstream. I ask them, which one is it? The agree with, that when minor girls seek moderately interesting reading. Most truth is, this legal doctrine known as to get an abortion, they should notify Senators and most Americans probably nondelegation is a controversial theory their parents or, failing that, seek a do not, and that is fine. But we can that is often harshly criticized by lib- bypass of that requirement from a surely agree on this. If these cases are erals who accuse conservatives of judge. That is what the legislature said accurately characterized and under- wanting to use it to strike down laws they should do, and that is precisely stood, they definitively demonstrate enacted by the legislature. That is fine. the statute that Justice Owen sought that Justice Owen is a capable and Fair enough. But that is exactly what to interpret. well-qualified judge, and that of course Justice Owen’s dissent criticized the I ask the people across America who is why she enjoys such impressive and majority of the court for doing. She may be listening to the debates we are wide-ranging endorsements from across stated the court has seized upon this having in the Senate, whom would you the aisle. rarely used nondelegation doctrine to trust to judge Justice Own and whether We should keep our eye on the ball. claim the constitutional authority for she did a good job in that case? Who Let’s remember what judicial activism an unprecedented restriction of the leg- was more credible to talk about the really means because the American islature’s power, and that the court quality of Justice Owen’s legal analysis people know a controversial judicial today exercises raw power to override in the parental notification cases? ruling when they see one. Whether it is the will of the legislature and of the Would it be, perhaps, say, the author of the radical redefinition of our society’s people of Texas. the law she was interpreting who sup- most basic institutions like marriage, It reminds me of the lyrics of a coun- ports Justice Owen? Would it be, per- or the expulsion of the Pledge of Alle- try and western song: ‘‘Darned If I Do, haps, her former colleagues on the giance from our classrooms, or from Danged If I Don’t.’’ court, including former Justices the public square, whether it is the Justice Owen cannot win. She is Alberto Gonzales and Greg Abbott, who elimination of the three strikes and being whipsawed by Senators who on support Justice Owen’s nomination. you are out law and other penalties one hand criticize her for doing one How about now—Attorney General against hardened criminals, or the thing, when other Senators criticize Alberto Gonzales, who swore under forced removal of military recruiters some other nominee for doing some- oath that the accusations we are hear- from college campuses, Justice Owen’s thing else. They really are arguing ing are untrue and that he never ac- ruling, of course, falls nowhere near both sides against the middle and these cused her of being a judicial activist. this category of cases. nominees cannot win, according to I have seen some of the advertising There is a world of difference be- that inconsistent, and some might even that has been done by some of the in- tween struggling to try to interpret claim hypocritical test. terest groups attacking Justice Owen the ambiguous expressions of a legisla- The Senator from Illinois has at- unfairly who are claiming that Alberto tive body and refusing to obey a legis- tacked Justice Owen for a ruling in the Gonzales accused her of being a judi- lature’s directives altogether.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5516 CONGRESSIONAL RECORD — SENATE May 19, 2005 If the Senate today were simply to selecting judges that hurts our justice ‘‘Everyone agrees: Senate confirmation re- follow more than 200 years of con- system and harms all Americans. quires simply a majority. No one in the Sen- sistent Senate and Constitutional tra- It is simply intolerable for a partisan ate or elsewhere disputes that.’’ dition dating back to our Founding Fa- minority to block a bipartisan major- The PRESIDING OFFICER. The Sen- thers, there would be no question that ity from conducting the Nation’s busi- ator from New Jersey. Justice Owen would be confirmed ness. It is intolerable that the stand- Mr. CORZINE. Mr. President, I rise today. President after president after ards now change depending on who is today to address the nomination of president had their judicial nominees in the White House and which party is Priscilla Owen to the Fifth Circuit confirmed by a majority vote, not a the majority party in the Senate. And Court of Appeals and to oppose the ma- supermajority vote. it is simply intolerable that this nomi- jority’s challenge to our Nation’s con- By their own admission, at least at nee—this fine and decent human stitutional framework of checks and one time, Justice Owen’s opponents in being—an outstanding judge has wast- balances. I also rise to protect the this body are using unprecedented tac- ed 4 long years for a simple up-or-down rights of the minority in our political tics to block her nomination and pre- vote. system. vent a bipartisan majority from cast- Yes, we need a fair process for select- This debate is historic in the context ing their vote in favor of her confirma- ing fair judges, after full investigation, of American constitutional practice, tion. full questioning, full debate, and then a and it deals with the core of necessary Again, the reason is simple: The case vote. Throughout our Nation’s more consensus building that has united and for opposing this fine nominee is sim- than 200-year history, constitutional strengthened America throughout our ply so weak that only by using a dou- rule and Senate tradition for con- political life. ble standard and changing the rules firming judges has always been a ma- Though I have come to the floor on a can they hope to defeat her. Legal jority vote. And that tradition—broken number of occasions this year to speak scholars across the spectrum have long 4 years ago after this nominee and oth- on vital domestic and national security concluded what we in the Senate know ers were proposed by the President— concerns affecting New Jersey’s and instinctively, and that is to change the must be restored. After 4 years of America’s citizens, today, with dis- rules of confirmation, as a partisan mi- delay, affording Justice Owen a simple appointment, I rise to speak—not nority has done these last 4 years, up-or-down vote would be an excellent about issues such as the safety of our badly politicizes the confirmation, as a start. troops in Iraq; protecting our citizens partisan minority has done, and badly Mr. President, I thank the Chair and at home from terrorist threats, wheth- politicizes the Judiciary and hands yield the floor. er it be at chemical plants or ports or over control of the judicial confirma- EXHIBIT 1 airports; ending genocide in Darfur; tion process to special interest groups. Professor Michael Gerhardt, who advises strengthening Social Security; pro- I ask unanimous consent a summary Senate Democrats about judicial confirma- viding access or cost control to health of supporting quotes from legal schol- tions, has written that a supermajority re- care; lowering gas prices, combating ars be printed in the RECORD at the quirement for confirming judges would be global warming; or building affordable conclusion of my remarks. ‘‘problematic, because it creates a presump- The PRESIDING OFFICER. Without tion against confirmation, shifts the balance housing—all vital issues to the Amer- objection, it is so ordered. of power to the Senate, and enhances the ican people—instead, I am here because (See exhibit 1) power of the special interests.’’ some in this body think it is their re- Mr. CORNYN. Mr. President, the D.C. Circuit Judge Harry Edwards, a responsibility and right to eliminate mi- record is clear, notwithstanding what spected Carter appointee, has written that nority rights when it comes to approv- the Constitution forbids the Senate from im- ing lifetime appointments to the U.S. some opponents have said today and in posing a supermajority rule for confirma- the last 4 years. The Senate tradition Court of Appeals and to the U.S. State tions. After all, otherwise, ‘‘[t]he Senate, supreme court. has always been a majority vote, and acting unilaterally, could thereby increase the desire by some to alter that Senate its own power at the expense of the Presi- I rise to protest this attack on our tradition has been roundly condemned dent’’ and ‘‘essentially take over the ap- constitutional system and our Senate by legal experts across the political pointment process from the President.’’ traditions. In short, it is an attack spectrum. Edwards thus concluded that ‘‘the Framers that I think supports the view that I will close by simply reinforcing never intended for Congress to have such un- breaking the rules is the way to change checked authority to impose supermajority what the Senator from Arizona stated the rules. We are here today because a voting requirements that fundamentally number of my colleagues, many in good so well in his earlier remarks. To em- change the nature of our democratic proc- ploy the Byrd option is not a radical esses.’’ faith, wish to ignore the principles em- move at all. It would merely be an act Georgetown law professor Mark Tushnet bedded in the U.S. Constitution and of restoration. In fact, as we have has written that ‘‘[t]he Democrats’’ fili- allow the will of the majority to reign heard time and time again, there is buster is . . . a repudiation of a settled, pre- supreme. Absolute power is often said ample precedent to support the use of constitutional understanding.’’ He has also to corrupt, and limiting the checks and this point of order. written: ‘‘There’s a difference between the balances of the right to debate on the use of the filibuster to derail a nomination The senior Senator from West Vir- Senate floor can most certainly facili- and the use of other Senate rules—on sched- tate that abuse. ginia was then majority leader of this uling, on not having a floor vote without body and used this on four separate oc- prior committee action, etc.—to do so. All There was a reason our Founders casions—in 1977, in 1979, in 1980 and those other rules . . . can be overridden by a gave two votes to each State. That fun- again in 1987—to establish precedence majority vote of the Senate . . . whereas the damental principle was debated as the to change Senate procedure during a filibuster can’t be overridden in that way. A Founders wrote our Constitution. session of Congress. Other leading Sen- majority of the Senate could ride herd on a Today, there are two Senators from ators from the other side of the aisle rogue Judiciary Committee chair who re- California, a State with 36 million citi- fused to hold a hearing on some nominee; it zens. Similarly, there are two Senators have recognized, time and again, the can’t do so with respect to a filibuster.’’ legitimacy of the Byrd option, includ- And Georgetown law professor Susan Low from the State of Wyoming, which has ing the Senator from Massachusetts, as Bloch has condemned supermajority voting slightly more than 500,000 citizens. Our well as the junior Senator from New requirements for confirmation, arguing that Founders believed strongly in the right York as recently as 2 years ago. they would allow the Senate to ‘‘upset the I of minorities to have a voice on the In the end, I believe this debate dem- carefully crafted rules concerning appoint- floor of the Senate and embedded this onstrates, without a doubt, that it is ment of both executive officials and judges principle in our Constitution. It is ab- time to fix our broken judicial con- and to unilaterally limit the power the Con- solutely one of the most essential com- firmation process. It is time to end the stitution gives to the President in the ap- promises that was a part of creating pointment process. This, I believe, would blame game, to fix the problem, and to allow the Senate to aggrandize its own role our Constitution. In fact, it has been move on and do the American people’s and would unconstitutionally distort the the framework that has allowed the business. It is time to end the wasteful balance of powers established by the Con- Constitution to work so effectively for and unnecessary delay in the process of stitution.’’ She even wrote on March 14, 2005: some 217-odd years.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5517 At a practical level, this overreach— crats should block nominations be- gotten an up-or-down vote in the Sen- some might call abuse—by the major- cause Republicans have used process ate. ity is unfortunate for those of us who and procedure to stop Democratic One has to put this into a historical have been pleased to work well with nominees, which, in fact, has been the perspective. This is something that the White House in building a con- case. The hard facts show that the Sen- should be debated on a more funda- sensus on judicial nominations. It has ate has approved 208 of President mental level of what it is that one can happened in our State. For example, Bush’s 218 judicial nominations. That draw from the reading of our Constitu- New Jersey Senators have met and is a 95-percent rate of approval—not tion. I go back to the fact that there agreed to a set of five judges, includ- too bad; as a matter of fact, I think are two Senators for every State, re- ing, by the way, a circuit court judge most people would think if you were gardless of its size. The intent was to who reflects the best of our legal com- hitting at that level in baseball, you make sure minorities were fully rep- munity and who travels well within the would be doing pretty good. resented. mainstream of legal thought. President Clinton’s nominees were Looking at this from another per- Over my 41⁄2 years in the Senate, the often held up before they even had a spective, a more political perspective, I White House and I have agreed on an chance for debate in committee, a dif- accept that Republicans hold 55 seats outstanding package of jurists of whom ferent procedural process that led to in the Senate and that President Bush we can all be proud. And we are cur- about over 60 of the Clinton nomina- won reelection. However, neither of those facts goes against the constitu- rently working with the White House tions being blocked. But again, I don’t tional history of the right to speak on another package—for district court think this issue is about tit for tat or your mind as a minority. And neither judges and one additional circuit court getting even. of those facts give the majority the judge. It is misplaced for others to argue right to break the rules to gain more Let me be clear, while many of these that Democrats are being obstruc- power. The rules are the rules adopted. judges would not have been my first tionist because we refuse to serve as A ruling from the Chair without con- political or philosophical choice, I have rubberstamps. I was not elected by the sultation with the Parliamentarian worked, together with Senator LAU- people of New Jersey to be a would be an extraordinary action, cer- TENBERG, and before him with Senator rubberstamp. Actually, they don’t like tainly contrary to anything I have seen Torricelli, with the White House to that kind of thing in New Jersey. in the 41⁄2 years I have been here, cer- come to an agreement on smart, fair, Republicans may one day see a tainly contrary to what I hear among and hard-working judges for the Fed- change in their majority status, and eral bench in New Jersey—people clear- my colleagues. many of my Republican colleagues A rule change under extraordinary ly in the mainstream, people of whom may not like this change at another we will all be proud to have as lifetime procedures is why it has been labeled point in time. I don’t think they would the nuclear option. I would argue if the judicial appointments. All of these are seek to be a rubberstamp in the judi- judges committed to the rule of law majority were to adopt this procedure cial nomination process at that time. they would be breaking the rules to and not to promoting their own polit- This is not about an up-or-down vote, ical views or trying to rewrite law make the rules. We all know we are as Republicans suggest. That argument setting an extraordinary precedent— through judicial activism. is intended to divert the attention of I have voted many times for judges and frankly, this could become a slip- the American people from the real with whom I disagree on important pery slope for this legislative body, issue—the rights of the minority in the issues—issues as fundamental to me as particularly when it sets a precedent Senate, as developed by our constitu- choice or worker protections. But I that may be expanded upon to include tional Founders, the U.S. system of have voted for them because they re- legislative filibusters, which I hear al- checks and balances, and, frankly, the spect the law and precedent. What I most everyone argue is not something principle of fundamental fairness, that cannot and will not agree to are nomi- they would embrace. It could be a slip- you don’t change the rules in the mid- nees who are political ideologues peo- pery slope and a dangerous precedent dle of the game. ple who let us know that they will for a thriving democracy and an Au- Here is the argument that this is not challenge precedent in order to pro- gust body that has served America well about an up-or-down vote. The major- mote their political beliefs and what I by providing for checks and balances ity blocked over 60 of President Clin- believe is an extremist agenda. They through the fullness of our political ton’s nominees. They never allowed want to change the law. The job of life. them to have an up-or-down vote on writing laws is the job we have right Our U.S. system is based on the com- here on the Senate floor. the Senate floor and, frankly, they petition of ideas between the two main This debate is particularly important never allowed them to have an up-or- political parties. Clearly, each side in a practical sense to me because down vote in committee. They just seeks to prevail. What the majority is there is a vacancy currently on the used different rules and different proce- doing now goes beyond a simple desire Third Circuit Court of Appeals due to dures, at different time, but they ac- to prevail. What is going on here is an the retirement of Michael Chertoff, complished the same thing. attempt by the majority to break the now the head of our Nation’s Depart- Additional evidence that this is not rules to change the rules. That violates ment of Homeland Security. I fear this about giving nominees an up-or-down the principle of fundamental fairness Third Circuit vacancy is in jeopardy of vote is the simple fact that historically and actually attacks in a fundamental going the way of what we have seen the filibuster has been used as a Senate sense the rule of law under which our with the nomination of these activist procedural tool, often to prevent Nation operates. You don’t break the judges—jurists with views outside the Democratic judicial nominees from re- rules to win in America. That is not mainstream, with extremist views, who ceiving an up-or-down vote in the Sen- the American way. believe that it is their right to make ate. The American way is to play fairly the law as opposed to interpret it or Since 1968, at least according to the and consistently by the rules. That is apply it. legal scholars I have talked to, we have all that I believe we on this side of the If these activist individuals want to seen Republicans use the filibuster six aisle are asking for. We are asking for make law—and they may have remark- times to block judicial nominees, per- the right to play by the established able resumes—they should run for Con- haps the most visible being the nomi- rules that have been historically in gress or the Senate rather than accept nation of Abe Fortas to be Chief Jus- place, consistent with precedent, ones a nomination to the Federal bench. tice of the Supreme Court. The Fortas that have existed for decades, to chal- That is why my support for the fili- nomination was successfully filibus- lenge people who we believe are fun- buster in the judicial nominating proc- tered and was never given an up-or- damentally unqualified or judicially ess is not about anything but the fun- down vote. outside the mainstream to be Federal damental constitutional principles es- But just to put it in a broader histor- judges either because of their views, tablished by our Founders. ical perspective, 20 percent of the which are inconsistent with precedent, It is not about getting even. It is not nominations to the Supreme Court or because of their activist judicial tit for tat. I am not suggesting Demo- from our birth as a nation have never records.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5518 CONGRESSIONAL RECORD — SENATE May 19, 2005 Let me be specific as to the judicial would operate outside of the main- membership in the Federalist Society should nominees before the Senate: Justice stream if confirmed as a federal judge. disqualify her. Priscilla Owen and Justice Janice Rog- I simply cannot support placing such Well, this is about the nomination of ers Brown. Both may be remarkable an immoderate judge on the Federal Priscilla Owen from Texas. I made the people in their own right, but that is appeals court for a lifetime tenure. point of how interesting it was that not my concern. Good people may not In closing, let me return to where I while very few lawyers in America be- be fit to serve as federal judges because began. Yes, this is an important de- long to the Federalist Society—maybe of their interpretation of the Constitu- bate—maybe one of the two or three 1 percent—it turns out that about a tion, how they apply it or don’t apply most important in the last few years. I third of President Bush’s nominees be- law, and the activist approach they think it goes at the core of our con- long to this Federalist Society. I re- take. stitutional system. It is unfortunate ferred to it as the ‘‘secret handshake’’ Let’s start with Justice Owen. This is we are not here debating the real prob- at the White House and that, if you be- a judge who has consistently inserted lems that face our Nation and the citi- long, you have a much better chance to her political views into judicial opin- zens of my State, which include health become a judge. ions. That is how I read the record. She care costs, gas prices, education, en- I also made a point of the fact that has had a record distinguished by con- ergy costs, and the safety of service- when we ask nominees what the Fed- servative judicial activism. Justice men. Those are the issues that people eralist Society is and why do you be- Owen has consistently voted to throw talk to me about when I am out and long, we get the craziest answers you out jury verdicts favoring workers and about in my home State. But the peo- can imagine. There was a law professor consumers against businesses and she ple of my home State—and I suspect it from Georgetown, Viet Dinh, a nice has dismissed cases brought by workers is true of people of every State in the man who worked for the Department of for job-related injuries, discrimination, Nation—expect us to defend our con- Justice, and I said to him, ‘‘What is the and unfair employment practices, mak- stitutional liberties. They expect us to Federalist Society? Why is it so many ing decisions that are inconsistent stand for checks and balances and for Bush nominees belong to it?’’ ‘‘Oh,’’ he with established precedent. the rights of those in the minority so said, ‘‘it is an excuse to have lunch in Justice Owen has participated in that we can build a consensus to unite, Chinatown once a month. We go there cases involving companies that have not divide. They expect us to speak and somebody talks to us and we eat been involved in her own political ac- strongly to preserve those rights on and come back to school.’’ And I would tivities, including Enron and Halli- the floor of this Senate. I think that is ask others, ‘‘What is it all about?’’ burton decisions. But the real issue, what this debate is about. This debate With the exception of Senator ORRIN the Houston Chronicle concluded, was is a fundamental one and, therefore, HATCH, who I believe was on the board, that ‘‘Owen’s judicial record shows less truly one of the most important we can or may still be on the board of the Fed- interest in impartially interpreting law have. eralist Society, almost nobody will than in pushing an agenda.’’ I believe I want us to move on to the real talk publicly about who they are and this is a record that is outside the issues of the day, and they are chal- what they believe. mainstream. That justifies my position lenging for our Nation, for all of us. That was the point I was making. and, I believe, that of my Democratic Men and women are losing their lives. This curious, semisecret society is so colleagues. But there is an absolute responsibility quickly disavowed by its members As for Justice Janice Rogers Brown, for all of us to make sure that our sys- whenever you ask a public question a California Supreme Court justice tem works with the kind of care and about it. Yet it appears to be one of the nominated to the DC Circuit, she has thoughtfulness and the kind of checks most important things you can add to spent the better part of her time as a and balances that have served our Na- your resume if you want to be a judge judge attacking America’s social safe- tion so well. from the Bush administration. ty net. The California Bar Commission It is our responsibility to stay tuned And Priscilla Owen of Texas—sur- found Justice Brown unqualified in to the historical traditions of the Sen- prise, surprise—is a member and officer part because of her tendency to inter- ate and to the principles our Founders of the Federalist Society. I do not ject her political and philosophical put together that said minorities in think she should be disqualified be- views into her opinions. I don’t have a this Nation have a right to be heard. cause of that. There is nothing illegal problem with people having political The Founders established that prin- about it. I do not know what the phi- and philosophical views. Most of the ciple clearly with the Philadelphia losophy is other than what they state folks who speak here on this floor have Compromise. We must sustain this on their Web site. It is very conserv- political views. But when you go to the principle in the days ahead in our de- ative. It thinks that liberals are ruin- bench, you are asked to bring an im- bate. ing the world. It goes on and on. partiality, an independence as to how I yield the floor. I am not saying that if you belong to Mr. President, I suggest the absence you deal with a case and how you apply that you should not be qualified to of a quorum. the law and interpret the law. Justice The PRESIDING OFFICER. The serve on the bench. That is not the Brown, through her opinions as a judge clerk will call the roll. point. But when I asked someone such has made it clear that she has a dis- The legislative clerk proceeded to as Priscilla Owen, a supreme court jus- regard for legal precedent. Justice call the roll. tice from Texas whose time must be Brown has called Supreme Court deci- Mr. DURBIN. Mr. President, I ask very precious, why she took the time sions upholding the New Deal ‘‘the tri- unanimous consent that the order for to join this organization and she can- umph of our socialist revolution.’’ I be- the quorum call be rescinded. not or will not answer it, I think it is lieve that is outside the mainstream. The PRESIDING OFFICER. Without important. Let us not forget, by the way, that one objection, it is so ordered. I voted to confirm the vast majority of the main components of the New Mr. DURBIN. Mr. President, this of President Bush’s nominees and a lot Deal was the creation of Social Secu- morning, Senator GORDON SMITH came of Federalist Society members, so I am rity, which is now having a debate in to the floor. He is a close friend. He not blackballing or disqualifying them. this Nation. It is hardly a socialist ini- made a statement relative to some- I know it is an ultraconservative soci- tiative. thing I said on the floor yesterday ety, whatever it is, and I know that so Justice Brown has also—always in about the nomination of Priscilla many people are afraid to even ac- dissent—used constitutional provisions Owen. I am flattered he was listening, knowledge they are members when it is or defied the legislature’s intent to at- or that someone was listening. brought to public attention. tempt to restrict or invalidate laws I am afraid what he said about my re- I think their views are extreme and that she doesn’t like—as, most nota- marks was not completely accurate. off base, from my point of view. I think bly, she did with California’s anti-dis- Senator SMITH made the following their views are extreme and off base crimination statute. And so I believe statement: when we look at mainstream America. that this is a case where there is rea- As I understood the assistant Democratic How can you say, as they do, that the son to believe that Justice Brown leader, he was saying that Judge Owen’s legal profession is strongly dominated

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5519 by a form of orthodox liberal ideology? approval. Democrats are prepared to to the filibusters and decided which Look at the 13 Federal courts of appeal approve. Of course, that would destroy filibusters are OK and which are not. and you find 10 of those Federal courts the argument that somehow we are ob- That really destroys the whole argu- of appeal in America dominated by Re- structionist. ment that this is all about an up-or- publican-appointed judges. Liberal ide- I was involved in the debate yester- down-majority vote. ology? How can you say the legal pro- day when Senate majority leader BILL Senator FRIST voted to deny Richard fession is strongly dominated by a form FRIST came to the floor and said: Paez an up-or-down-majority vote. Now of orthodox liberal ideology when seven I rise today as leader of the majority party he says we need to change a 200-year out of the nine members of the U.S. Su- of the Senate, but I do not rise for party, I tradition in the Senate so that no one preme Court were appointed by Repub- rise for principle. I rise for the principle that can ever do the same thing he did to judicial nominees with the support of a ma- lican Presidents? Richard Paez. This is an unusual prin- jority of Senators deserve an up-or-down ciple to try to follow. It is, in fact, cre- So what I said about Justice Owen is vote on this floor. that her conservative ideology is dem- ating a constitutional confrontation Moments later, Senator SCHUMER of onstrated by her membership in the over something that is very contradic- New York asked Senator FRIST a sim- Federalist Society. However, the best tory on its face. ple, pointed question: Is it correct that documentation on her ideology is her I believe filibusters are constitu- on March 8, 2000, Senator FRIST, the own track record as a judge. So I say to tional. They are certainly allowed Republican majority leader, voted to Senator SMITH, no, it does not dis- under the Senate rules. And when we uphold the filibuster on a Democratic qualify Priscilla Owen, but it is curious get to the question of motives behind nominee, Richard Paez? Here is Sen- to me why this supreme court justice them, I really think that the Repub- ator FRIST’s reply: had the time to pay the dues and join licans, the majority has to dig very an organization which she just cannot The issue is we have leadership-led par- deep in order to find an argument to tisan filibusters that have obstructed not 1 remember what they believe in. I think make against the practice we have nominee but 2, 3, 4, 5, 6, 7, 8, 9, 10 in a routine used and others have used throughout there is more to it. way. The issue is not cloture votes per say, Senator KYL of Arizona also came to the history of the Senate. it’s the partisan leadership led use of cloture In addition, yesterday morning, be- the Senate floor. He said something I votes to kill, to defeat, to assassinate these fore Senator FRIST moved to bring up would like to address. He charged that nominees. That’s the difference. the nomination of Priscilla Owen, Sen- President Bush has only had 67 percent I spoke yesterday on the floor after- ator REID asked the majority leader of his circuit court nominees con- wards about Senator FRIST’s poor whether it would not make more sense firmed, and that this is an alltime low, choice of words. I said then, and I will for the Senate to move instead to con- according to Senator KYL. I do not say now, he is a man with a good heart. sider four other nominees about whom know if it is true or not. I do not have He cares for people. He is a doctor who there is little controversy. Senator the data going back all the way in has saved lives. He is a transplant sur- FRIST refused yesterday, as Senator time. But I know this: If the Repub- geon, well recognized in his profession MCCONNELL refused today. So for 2 lican leadership had taken me up on as a very accomplished doctor. In his straight days, the Republicans have my offer this morning and they had spare time he goes to help the poorest had a chance to pick up four circuit confirmed the four circuit court nomi- people of the world. So I do not ques- court nominees to fill vacancies, to nees I asked unanimous consent to tion that he is a man with a good give the President a higher success bring up for a vote, President Bush’s heart. That was never part of it. rate in filling vacancies on these courts circuit court success rate would be 75 I was concerned with his choice of than President Clinton, and they have percent. But I was reminded by the Re- words. It was a very bad day to use the refused; they said we are much too publican leader—in this case the Re- words ‘‘to assassinate nominees.’’ Just busy. We have to spend time here de- publican whip, Senator MCCONNELL— minutes before, Joan Lefkow of Chi- stroying a precedent in the Senate. We that there is just no time in the sched- cago had been to the Senate Judiciary have to reach the point when we can ule to bring up more of President Committee testifying in very emo- count on Vice President CHENEY to Bush’s circuit court nominees. tional testimony about her own family come to the Senate, to sit in that chair Curious, isn’t it? This whole debate, being attacked in their home and her and, when asked, give the right answer this constitutional confrontation is all husband and mother losing their lives. so they can wipe away with one ruling about whether President Bush is get- I do not want to belabor this point. by Vice President CHENEY a rule that ting enough nominees. I came to the Let me just say, let’s be careful with has been in place for over 200 years. floor this morning and said: Here are the language we use on the floor when Senator LEAHY asked if we could con- four we can take right now, confirm on it relates to judges. I do wish to talk sider a nominee from Utah, who would a bipartisan basis, and get it done be- about the rest of Senator FRIST’s state- have likely won confirmation easily fore lunchtime. Senator MCCONNELL of ment, not that particular section. yesterday. Senator FRIST refused. He Kentucky said we are much too busy to He admitted in the course of what he insisted on bringing up this nomina- deal with approving judges on a bipar- said that ‘‘the issue is not cloture tion of Priscilla Owen, one of the most tisan basis. Instead, we are focused on votes per se,’’ it is not filibusters, per controversial judicial nominees in re- one judge, already rejected by the Sen- se. And we know from his own actions cent memory, someone who has al- ate, who may precipitate a constitu- that the majority leader does not be- ready been rejected by the Senate. tional confrontation here on the floor lieve that every judicial nominee with Why would the majority leader flatly of the Senate. majority support deserves an up-or- refuse every effort to find a way out of Incidentally, President Clinton’s cir- down vote because he, in fact, on this crisis? I don’t know. It is possible cuit court success rate when the Re- March 8, 2000, voted to support a fili- he is still taking advice from people publicans were in control of the Sen- buster. In other words, the thing that who should not be trusted for advice. I ate: 71 percent. So if President Bush he is condemning when it comes to don’t know if the name Manny Miranda had these four nominees and hit 75 per- Priscilla Owen is exactly what he did rings a bell, but it should. From the cent, he has already passed the success on March 8, 2000—supporting a fili- spring of 2002 until April 2003, Mr. Mi- rate of President Clinton during his buster against a nominee, Richard randa was working for the chairman of tenure in office. Paez. I do not understand that. I can- the Senate Judiciary Committee, So there is no vacancy crisis here, not understand how he can condemn ORRIN HATCH, and then for majority and they are trying to manufacture it, that today, having done it himself a leader BILL FRIST. they are trying to suggest that Presi- short time ago. Mr. Miranda and other Republican dent Bush is being mistreated, and yet It turns out that it is a very specific staff hacked into the committee’s com- the same Republican leadership that type of filibuster to which Senator puters and systematically stole thou- talks about mistreatment could not FRIST objects—in his words, a leader- sands of documents, including con- take the time—namely, an hour or ship-led use of cloture votes. I can see fidential memos between Democratic two—to pick up four circuit court why the majority leader was such a Senators and their staff. I know. I was nominees who are standing waiting for good surgeon. He has taken the scalpel the biggest target of Mr. Miranda.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5520 CONGRESSIONAL RECORD — SENATE May 19, 2005 I discovered it when the Wall Street the first time in history, rejects the we are hearing is that many are ready Journal published an editorial and principle of extended debate, there is to cast them aside. Senator FRIST, for quoted extensively from a staff memo no guarantee that the damage of the reasons I cannot explain, wants to have in my office. And I said as soon as I nuclear option will not spread. In his the distinction, the singular distinc- read it: Somebody stole this memo. opening remarks yesterday Senator tion, to go down in history as the only There is no way the newspaper would FRIST said if Republicans would vote Republican majority leader to destroy have a copy of an obscure memo and the nuclear option, Democrats ‘‘will re- a 200-year-plus tradition in the Senate, build an editorial around it. taliate.’’ a tradition of extended debate and fili- After some investigation, we learned They will obstruct the Senate’s other busi- busters. I do not think that would be a that in fact Mr. Miranda was behind it. ness. They will obstruct the people’s busi- proud moment for this body. I do not Let me tell you what then-chairman ness. They will hold back our agenda to think it would be a proud part of any of the Senate Judiciary Committee, move America forward. An energy strategy Senator’s legacy. That is why many of to reduce our dependence on foreign oil, held ORRIN HATCH, said. I quote him di- back; an end to the medical lawsuit abuse to us are appealing to the other side of rectly: reduce the cost of health care, held back; a the aisle. I am mortified that this improper, uneth- simpler, fair Tax Code to create jobs and to Time and again in our Nation’s his- ical and simply unacceptable breach of con- encourage economic growth, held back. tory when we really faced some very fidential files may have occurred on my Supporters of the nuclear option say difficult situations with judges who watch. they only want to eliminate the fili- were controversial and courts that At which point Senator HATCH asked buster for judicial nominees. It doesn’t didn’t agree with the President, Presi- the Senate Sergeant at Arms to con- take much imagination to consider the dents have said: Give us more power. duct an investigation. Mr. Miranda was possibility of a majority leader in the We will control those courts. forced to resign from the Senate staff future saying, with gas prices at an all- And when those Presidents came to in disgrace. The findings of the Ser- time high, America just cannot afford Congress, as they had to, they found geant at Arms investigation were rean extended debate on an energy bill. that even their own party would not go ferred to the Justice Department, If we eliminate extended debate for along with them. The Senators in those which then assigned a special pros- judges who serve for life, why would we eras of Thomas Jefferson and Franklin ecutor to the case. preserve unlimited debate on the nomi- Roosevelt took enough pride in this in- Two years later, with the case still nations of Cabinet Secretaries who stitution to say: We will make our own unresolved and finished, it appears Mr. leave office with the President who ap- rules, Mr. President. We will stand by Miranda is back. According to news re- points them? Or on laws that can be re- the Constitution. We will not give you ports, he is now helping to lead the nu- versed by the next Congress? more power. clear option fight from outside the The truth is, this line in the sand will But look what is going on now with Senate. Yesterday, Mr. Miranda sent disappear with the next wave. This is this nuclear option. It is being orches- an e-mail to allies of Senator FRIST, not about principle. It is about politics. trated by the President. And we have demanding, ‘‘a straightforward rallying Many special interest groups have too many Senate Republicans who are cry: NO DEALS, VOTE PRINCIPLE’’ made it clear they are going to fight playing the role of lapdog to the Com- and ‘‘NO UNPRINCIPLED COM- anyone who tries to eliminate the fili- mander in Chief. They are sitting there PROMISES.’’ buster over legislation. To quote the like a group of cocker spaniels in a So here we have a former aide to Sen- conservative columnist, George Will: room full of pit bulls, afraid to speak ator FRIST, a person who, according to It is a short slide down a slippery slope up. They want to give this President the investigation, broke into Senate from the postulated illegitimacy of filibus- whatever power he asks for, whatever computers. He is now in charge of ral- tering judicial nominees to the illegitimacy nominee he asks for. What a departure lying the troops on the conservative of filibustering any sort of nominee to the illegitimacy of filibusters generally. That is from the tradition of this Senate, when side. He is the cheerleader for the nu- not a position conservatives should promote. it was truly independent, when we re- clear option. And he is demanding that Quote from George Will, the grand spected the President but also re- Senator FRIST and other Republicans guru of the conservative cause. spected—maybe more—our constitu- break the Senate rules to give extrem- Former Republic Senators Jim tional responsibilities. ist judges lifetime appointments. McClure and Malcolm Wallop, both Our constitutional responsibility is I do not quite understand this. I com- also conservative, agree. In a recent not to agree with everything the Presi- mend Senator HATCH for the investiga- op-ed in the Wall Street Journal, these dent says; not to agree with everything tion. I commend Senator FRIST for the two former Republican Senators wrote: that he wants; not to give him every investigation. They knew as we knew It is naive to think what is done to the ju- shred of power that he seeks. Through- that something wrong, probably crimi- dicial filibuster will not later be done to its out history, Senators have said: We re- nal, had occurred, and they went for- legislative counterpart. spect you, Mr. President. We respect ward with an honest investigation. They add: the Constitution more. When this man resigned in disgrace It is disheartening that those entrusted In the midst of this debate, that has you would think that would be the end with the Senate’s history and future would been completely thrown away by so of his role on Capitol Hill, but now he consider damaging it in this manner. many Republican Senators. They are has returned as a cheerleader for the I think that is what it gets down to. so loyal, to the point of blind loyalty, cause of the nuclear option. I think it is a question of this institu- that they cannot see what is happening It is hard to keep track of some of tion and its future and what it is going to this institution. That they would these players without a scorecard. But to look like. Today I am in the minor- walk away from the institutional au- keep track of Mr. Miranda. He will unity. You are in the majority. That thority of the Senate, the constitu- doubtedly pop up again. could change. Every election, the peo- tional authority of the Senate, over There is another thing that should be ple of this country have the final word what? addressed. Senator FRIST has given his on who will be the majority party in Take a look at these numbers—208 to word in writing that he will not seek to the Senate. What has endured through- 10. How much more graphic could it be? eliminate the filibuster when it comes out all the changes in history from one The full Senate has considered 218 to legislation—just judicial nominees, party to the next is a basic concept and judges, since President Bush was elect- Senator FRIST said. But he also said he that is, no matter how large your ma- ed, and 208 have been approved. Over 95 is leaving the Senate at the end of next jority, you must respect the minority percent. year. He has voluntarily, on his own, in the Senate. It is not democracy if When it comes to the 10, it is argu- decided to limit the terms that he you do not respect the minority—it is able who dropped out and who retired, would serve. tyranny. We know that. The Greeks but I will use the larger number of 10 So the next majority leader, Repub- knew that when they invented the just to demonstrate to those who are lican or Democrat is not obliged to term. following this debate that there is take any promise Senator FRIST might Yet when it comes to the rules of the hardly a crisis. This President has been make. The truth is, if this Senate, for Senate to protect the minority, what more successful appointing judges than

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5521 any President in 25 years. There are called the year 1937 ‘‘the triumph of dents study in law school, certainly fewer vacancies on the Federal courts our socialist revolution.’’ those who study constitutional law. In of America than at any time in recent She has said: her speeches, Justice Brown has memory. And it was not that long ago Where government moves in, community praised it. Now, at her hearing we when the Republicans, during the Clin- retreats, civil society disintegrates and our asked her, and she attempted to dis- ton administration, held a series of ability to control our own destiny atrophies. tance herself from what she said be- hearings, which I attended, arguing She has said that politicians are fore, saying that the case has been ‘‘ap- that we just have too many Federal ‘‘handing out new rights like lollipops propriately criticized’’ and ‘‘discred- judges. Senator GRASSLEY of Iowa, a in the dentist’s office.’’ ited.’’ Yet she evaded a simple question good friend, chairman of a Sub- She claimed that our Federal courts about whether she agreed with it. committee on Judiciary, used to hold ‘‘seem ever more ad hoc and expedient, It is an important case. It is a case regular hearings calling Republican perilously adrift on the roiling seas of that spells out the responsibility of the judges from different circuits who feckless, photo-op compassion and po- Federal Government when it comes to would say: Keep those vacancies. Don’t litical correctness.’’ questions of commerce and liberty of fill them. We have plenty of judges. She has even complained in the last contract. It was a decision by the court The caseload is not that heavy. 30 years, the Constitution has ‘‘been many thought moved clearly in the Now the argument is being made, demoted to the status of a bad chain wrong direction and did not even allow with even fewer vacancies, that we are novel.’’ Federal jurisdiction in questions regu- in a judicial crisis. We are not. It has Her rhetoric makes it clear she is in- lating health and safety. been 9 years since we had so few judi- spired and guided by Fountainhead, Here is another example of her eva- cial emergencies in the courts. We have Atlas Shrugged, and the Road to Serf- siveness. I asked her in writing to ex- been through times of larger vacancies dom, more than the Constitution and plain what rights she was referring to and, unfortunately, the Republican ma- the Bill of Rights. when she said that politicians are jority would not give President Clinton At her hearing, Justice Brown said handing out new rights like lollipops in the judges he needed to fill them. her speeches were just an attempt to a dentist’s office. Her full answer to These are the things which clearly ‘‘stir the pot.’’ Justice Brown’s speech that question was as follows: we find are the realities of the debate. did more than stir the pot. Those I was merely commenting in general terms A President extraordinarily successful speeches knocked it off the stove. and was not specifically criticizing a par- in creating and filling more judgeships, I have concerns about her record on ticular legislative action. a president who has been extraor- the bench, even beyond these speeches Now, in all fairness, that is a duck dinarily successful when it comes to where she has opened up her heart. and a dodge. She did not answer the convincing his presidential party to In her own words, she said: question. I asked her whether she support him, and now a move afoot to I have been making a career out of being agreed with the Federalist Society change the traditions and rules of the the lone dissenter. mission statement, the one I said ear- Senate in a way that can create con- In case after case, she has come out lier, about orthodox liberal ideology stitutional confrontation, if not con- on the side of denying rights and rem- dominating the legal profession and so stitutional crisis. edies to the disadvantaged. Oftentimes forth. She gave me the most evasive There are 55 Republican Senators. We she was, indeed, a lone dissenter and answer of any nominee, once again need six—six who will stand up and oftentimes she ignored even estab- mystified as to what the Federalist So- say: History is our guide. We cannot let lished court precedent and rulings. I ciety really means, although she has this institution change or diminish. We have a lot of concerns about her tend- attended their events. will stand with those on the Demo- ency to push her philosophical views She said: cratic side of the aisle, understanding into opinions. As a judge, I have not had occasion to de- that each of us has to use our own dis- The California State Bar Commission termine whether the law schools and legal cretion when it comes to those nomi- in 1996 said as much when it rated Jus- professors are by and large liberal or con- nees we will vote for, understanding tice Brown as not qualified for the servative, and thus do not find myself quali- that each of us is aware of the fact that California Supreme Court. Yet the fied to offer an opinion on that subject. the next election could change the bal- Bush White House wants to appoint her She did not answer half the question. ance in this Senate so quickly. to the second highest court at the Fed- My question was about law schools and One of the nominees who will be con- eral level in America. legal profession and she did not address sidered next is Janice Rogers Brown. Justice Brown suggested at her hear- the legal profession. I can go on, but I She may be the nuclear trigger—either ing the views in her speech do not re- tell you this: She was not going to an- she or Priscilla Owen. There was an ar- flect the view and her decisions. The swer questions. We have seen nominees ticle in a recent New York Times mag- facts tell a different story. There is a like her before who come before us and azine about a far-right legal movement seamless web between Justice Brown’s defy us to ask questions and to have in America called the Constitution in speeches and her decisions. It is the answers come forward. Exile. This movement consists of same person. It is the same philosophy. There is a legitimate area of inquiry. judges and scholars who believe that It is the same conclusion. I have con- I can recall when a Republican Member the right to private property and eco- cern about nominating to the DC Cir- of the Senate Judiciary Committee nomic liberty is almost absolute. Its cuit someone with her hostility to the asked one of President Clinton’s nomi- adherents believe that nearly all Gov- forces of Government. nees to disclose every vote she had cast ernment infringement on property The DC Circuit is the No. 1 adjudi- for a California referendum for or rights is repressive. They encourage cator of Federal agency disputes. I against it in her lifetime. I thought judges to strike down laws on behalf of don’t think someone who considers the that crossed the line. There is some se- rights that do not appear explicitly in New Deal a ‘‘socialist revolution’’ is crecy in the ballot box and privacy in- the Constitution. the right person for the job. Think of volved, but that was considered a fair If this philosophy sounds familiar, it all the socialism in the New Deal. I can range of questions when it came to should. The article lists Janice Rogers think of one element that she might asking Clinton nominees if they are Brown as a poster child for the Con- call socialism. Franklin Delano Roo- qualified. When we ask Justice Janice stitution in Exile movement. sevelt called it Social Security. Rogers Brown the most fundamental I served as the ranking Democrat at I want to discuss her evasiveness too. questions about things she has said Justice Brown’s hearing in October of She is a wise lawyer. And good lawyers publicly, she ducks and dodges. 2003. I asked her a lot of questions. Her knows how to duck a question better According to the Washington Post, answers offered little assurance that than a politician. We can’t properly which has defended many of President she will be anything other than a judi- perform the advice and consent func- Bush’s judicial nominees: cial activist with a very extreme agen- tion of the Senate if nominees will not Justice Brown is one of the most da. Her views on Government, courts, level with us. Take the Lochner case. unapologetically ideological nominees of ei- and the Constitution are troubling. She This is a famous case that most stu- ther party in many years.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5522 CONGRESSIONAL RECORD — SENATE May 19, 2005 A Los Angeles Times editorial enti- The White House strategy is unfair ever you want, Mr. President. Sign us tled ‘‘A Bad Fit for a Key Court,’’ stat- to Justice Brown and her family, un- up. ed: fair to the Senate, and unfair to those I sincerely hope the Senate rises to In opinions and speeches, Brown has ar- who want to move beyond the environ- the occasion. I sincerely hope that six ticulated disdainful views of the Constitu- ment of political confrontation which Republican Senators will show the tion and government that are so strong and has become the hallmark of our efforts. courage to speak out for the value of so far from the mainstream as to raise ques- We should not have to go through this our Constitution and the tradition of tions about whether they would control her the Senate. decisions. knock-down, drag-out over filling these court vacancies. I have said to Chair- Mr. President, I yield the floor. That is from her home-State news- man HATCH, and I will say again to The PRESIDING OFFICER (Mr. paper. THUNE). The Senator from Ohio. The New York Times echoed that those listening, there are plenty of Mr. VOINOVICH. Mr. President, I sentiment and said Brown ‘‘has de- good, conservative Republican attor- rise to support the nomination of Pris- clared war on mainstream legal values neys and judges who are not so ideo- cilla Owen to the U.S. Court of Appeals that most Americans hold dear.’’ logically extreme who could fill these The Atlantic Journal-Constitution positions. You can find them in Ohio. for the Fifth Circuit. wrote that Brown’s views ‘‘are far out You can find them in Virginia. You can I believe it is important that the of the mainstream of accepted legal even find them in Illinois. Why this Senate take its responsibility to advise principles.’’ White House continues to go after and consent with respect to nomina- The list goes on and on of over 100 or- some of the most inflammatory, some tions very seriously. The people who ganizations, including the Congres- of the most extreme judges to fill the are appointed to the judiciary, as well sional Black Caucus, that oppose Jus- benches in the highest courts in the as to the executive branch of Govern- tice Brown. land is beyond me. ment, can have an enormous impact on Dorothy Height recently received the So when we find, among 218 nomi- how our Government operates. In many Congressional Gold Medal. She said nees, 10 who fall into this extreme cat- cases, an appointee can make the dif- this about a vote on Justice Brown: egory, when we say they have gone too ference on whether a particular policy I cannot stand by and be silent when a ju- far, when we say to the President: You or program is effective. rist with the record of performance of Cali- may have 95 percent, but for this other I also believe the Senate should seek fornia Supreme Court Justice Janice Rogers 4 or 5 percent the answer is no—I think to work in a bipartisan manner, par- Brown is nominated to a federal court, even we are doing what the Constitution ticularly with respect to judges. Since though she is an African-American woman. asks us to do: advise and consent. I came to the Senate 6 years ago, I Ms. Height, an African-American But the President, of course, says no. have always been open to listen to any women herself, goes on to say: I want them all. No dissent, no dis- concerns that my colleagues across the In her speeches and decisions, Justice Jan- agreement—I want every single judge. aisle may have about a nominee. ice Rogers Brown has articulated positions Strike ‘‘advise and consent’’ and put There has been a great deal said that weaken the civil rights legislation and ‘‘consent’’ in there. That is what this about Priscilla Owen and her nomina- progress that I and others have fought so tion to the Fifth Circuit. I have heard long and hard to achieve. President wants. Maybe that is what every President wanted. But the Con- the concerns about Justice Owen, but, Stephen Barnett, a University of gress and Senate in particular in the frankly, I do not see any basis for California-Berkeley constitutional law past have told those Presidents: No. We them. If Justice Owen is not acceptable professor who had endorsed Brown behave the right to ask these questions as a nominee to the U.S. Court of Ap- fore her hearing and whose support and to demand the answers. And if we peals, we are going to have a hard time Chairman HATCH specifically men- find a nominee wanting, we have the filling the vacancies in the court of ap- tioned in his opening statement at Jus- right to reject them, either by ex- peals. tice Brown’s hearing, sent a letter to tended debate and filibuster or by the Let’s review Justice Owen’s record. Senator HATCH after the hearing and Justice Owen has a very distinguished withdrew his support for Janice Rogers majority vote that ultimately that and impressive record as a lawyer, Brown. This is what Professor Barnett, candidate would face if a motion for community leader, and most recently who was once supposed to be a strong cloture prevailed. So in this case, they have decided as a justice on the Texas Supreme advocate for her, wrote to Senator that rather than hold these nominees Court. HATCH after her hearing: to the same standard, they will change Justice Owen graduated cum laude Having read the speeches of Justice Brown from Baylor University and cum laude that have now been disclosed, and having the rules of the Senate. That is what watched her testimony before the Com- the nuclear option is about, changing from Baylor Law School in 1977. She mittee on October 22, I no longer support the the rules in the middle of the game, di- was on the Baylor Law Review and nomination. minishing the constitutional principle earned the highest score on the Texas So you would hear from the Repub- of checks and balances, reducing the bar exam in December of 1977. lican side that she is just another rou- power of the Senate against the power Justice Owen joined the well-re- tine nominee who is being beaten up on of the White House and the Presidency, garded firm of Andrews & Kurth and by the Democratic side of the aisle. and saying to this President: You may rose to be a partner by the remarkably But when you read through all these make lifetime appointments of judges young age of 30. Any lawyer in this comments of people who have observed without holding them to the same body has to be impressed with the fact her in her professional life, those who standards that every President’s nomi- that someone such as Justice Owen have followed her, not only fellow nees have been held to. could become a partner at the age of 30. judges but those in the legal profes- Some time next week—and I pray to She practiced commercial litigation sion, it is very clear: This is a con- God it does not happen—Vice President for 17 years. troversial nominee. She is a person CHENEY may take that chair, preside In 1994, Justice Owen was elected to who will bring to the bench something over the Senate, and with just a few the Texas Supreme Court, and, in 2000, less than the moderation that we look words sweep away 200 years of tradi- as has already been noted, she won a for. tion. It is an act of arrogance to think second term to the Texas Supreme I come from the Democratic side of that any person would do that without Court with a vote of 84 percent. the aisle. I understand if you are going reflecting on the history of this body This is a very impressive record. to put a person on the bench, 9 times and its traditions. I am not surprised that the American out of 10 you should look for a person It is an abuse of power that this Bar Association unanimously rated who is going to try to be moderate and White House has to have more and Justice Owen as ‘‘well qualified.’’ That mainstream. What I found is that 10 more power, that 208 judges out of 218 is the highest rating the American Bar times out of 10, with very few excep- is not enough, that they are going fur- Association can give to someone seek- tions, that is exactly what we have ther. They want them all. And they ing a judgeship. ended up with. That is not the case have found too many compliant Repub- But Justice Owen’s legal credentials here. lican Senators who have said: What- are not the only reasons I support her

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Texas Hearing & Service Dogs, and a bench but who say: I don’t want to go The minority has repeatedly claimed member of the St. Barnabas Episcopal through that process. It is a shame that President Bush has had 95 percent Mission, where she teaches Sunday that such an exceptionally qualified or so of his nominees confirmed. Yet school. She helped organize Family nominee such as Miguel Estrada finally we all know this statistic is a smoke- Law 2000, which seeks to lessen the ad- asked that his nomination be with- screen. The real issue here is the ap- versarial nature of divorce proceedings drawn after being filibustered for 2 pointment of circuit court judges, and in her State. years. As I look at what a clearly the minority has successfully pre- She has been honored as Baylor qualified nominee such as Miguel vented the confirmation of about a Young Lawyer of the Year and as a Estrada and Justice Owen must go third of President Bush’s nominations. Baylor University Outstanding Young through to serve our country, I wonder President Bush has the lowest con- Alumna. She also has been active in that the judiciary is not going to be firmation rate of circuit court judges helping the poor obtain legal services, able to attract the talent it needs. of any President going back as far as as well as other pro bono legal activi- If every nominee must get 60 votes, it President Roosevelt. I think the statis- ties. is clear that many posts simply will tics show that the real issue here is not I think her involvement in her com- not be filled. In addition, if we require that any of these judges is extreme but munity is important. We need judges 60 votes to confirm nominees, we are that there is an active campaign to use who not only have exceptional legal only going to see nominees who have the filibuster to prevent President skills, which Justice Owen certainly no paper trails or records of achieve- Bush from appointing circuit court has, but also who have a perspective ment, who have done little, if any, judges. about how the law impacts upon indi- scholarly work, and who avoid public It is the President’s job to nominate viduals and communities. or judicial controversies. I don’t want judges, and it is the Senate’s job to ad- I have reviewed the letters of support extremists on the bench, but I also vise and consent. It is time the Senate she has received, and I am pleased that don’t want bland nominees who have started doing its job and voted on these she has such broad support from the never had to make difficult decisions. nominees. If a Senator doesn’t like the people who know her best and have Comparing the Senate now to the nominee, that Senator should vote worked with her. Senate prior to the 108th Congress against the nominee. If someone I also would like to note that even when filibustering of judicial nomina- doesn’t like Justice Owen, vote against her opponents in the Senate have said tions first occurred, I have to say that her, don’t filibuster her and deny your they believe her to be a very good per- I think the old system was a lot better colleagues an up-or-down vote. I want son. Accordingly, I do not see any than what we saw in the 108th Con- to vote on these nominees. issues that could raise any questions gress. Under that system, a nominee There have been nominees in the past about whether she should be confirmed. who had the support of a majority of and some currently and some from my Rather, she is exactly the type of seri- Senators, who was reported out of the own party who I did not support. But I ous, hard-working, and well-respected Judiciary Committee, would get an up- never filibustered them, even during person who should be nominated to the or-down vote after review of the nomi- the Clinton years. I can remember in court of appeals. nee’s record and a robust debate. That our conference meetings talking about Some have said that Justice Owen is was the fair way to proceed. It has been judges and some of my colleagues get- an extremist who will be a judicial ac- that way many times. It has been that ting up and saying at those meetings: tivist. Again, I see no reason for such way, as a matter of fact, for 214 years. Let’s filibuster this judge. We can’t conclusions. Reviewing her record, I No judicial nominee sent to the Senate allow that judge to go forward. That see a judge who vigorously but care- floor who had the support of a majority judge is going to be bad for the district court to which they are being nomi- fully sets forth her reasoning in her de- of Senators was denied an up-or-down nated. I can remember ORRIN HATCH cisions and is willing to stand up for vote. There were no judicial filibusters. saying: We can’t do that because if we what she thinks is the correct decision. Thus, I do not consider the constitu- start to do this, God only knows where She is not an activist. She is an excel- tional option as a change in the rules lent judge. we are going. but a restoration of a Senate tradition, Last time around, my colleagues on Any good nominee who has been ac- the tradition that filibusters do not the other side of the aisle started a new tive in thinking and writing about apply to judicial nominees. tradition. It is not a good tradition for issues is going to have statements in My colleagues on this side of the the Senate. It is not a good tradition their writings that, if taken out of con- aisle, including myself, had many op- for the people of the United States of text, can be made to appear extreme. portunities to filibuster judicial nomi- America. I believe both the President This is what has happened to Justice nees during the Clinton years as well and my fellow Senators, as well as this Owen. Her opponents—mainly partisan as during the decades it spent in the country, deserve the courtesy of an up- interest groups—have scrutinized her minority. Just think about how long or-down vote on nominees. writings, looking for anything that the Republican Party was in the mi- I yield the floor. they could make into a sound bite to nority—from 1954 to 1980. All during The PRESIDING OFFICER. The Sen- distort her record. But an examination that time, they never used a filibuster ator from Virginia. of her record as a whole reveals that to stop a judge who was nominated. Mr. ALLEN. Mr. President, I rise to claims that she is extremist are base- They insisted that there be an up-or- speak on this matter of judges. I was less. Justice Owen is a good judge and down vote. This was the courtesy that presiding the last hour and a half or so would and will make a great circuit was extended to the other party. It listening to some of my colleagues court judge. helped make sure that the judicial speak. I associate myself with the re- There is no need to filibuster this nomination process worked smoothly marks of the Senator from Ohio. But I nominee. Justice Owen deserves an up- and fairly. I wish the present minority was listening to my colleagues from or-down vote. The filibustering of Jus- would extend the same courtesy now. New Jersey and Illinois, Senator tice Owen reveals just why the con- I also believe the ongoing abuse of CORZINE and Senator DURBIN. stitutional option may be necessary. the filibuster is preventing the Senate I heard the Senator from New Jersey The filibuster is being abused. If the from addressing other, often more talking about the rights of minorities. minority is going to abuse its power to pressing business, such as passing an The Senate does care about the rights filibuster nominees such as Justice energy bill, addressing asbestos litiga- of the minority. When one talks about Owen, then the nomination process will tion, and other issues. I can recall in the rights of the minority, one nor- break down completely. It is already the 108th Congress hour after hour mally talks about ways to enhance

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5524 CONGRESSIONAL RECORD — SENATE May 19, 2005 civil rights, to make sure there is equal struction of the President’s nominees I ask unanimous consent that this opportunity—that there is due process is unprecedented. We are trying to get statement of the background of the of law. back to the precedent we had for 214 Federalist Society be printed in the Sadly, the Democrats have changed years before they changed it. It is an RECORD before anybody else the rules. They changed 214 years of issue of fairness. It is an issue for me mischaracterizes the purpose and salu- practice, which was that when a Presi- as a Senator from the Commonwealth tary goals and mission of the Fed- dent nominated a particular person for of Virginia, the State of James Madi- eralist Society. a judicial vacancy, the Judiciary Com- son, one of the key authors of our Con- There being no objection, the mate- mittee would examine that individual stitution. It is my constitutional duty rial was ordered to be printed in the very closely, as to their scholarship, to advise and consent. What 41 Sen- RECORD, as follows: their temperament, their judicial phi- ators are trying to do is take away my [FROM THE FEDERALIST SOCIETY FOR LAW AND losophy, and ultimately if they passed responsibility to the citizens of the PUBLIC POLICY STUDIES] muster, that person would come to the Commonwealth of Virginia. I see noth- OUR BACKGROUND Senate floor. Senators, for 214 years, ing wrong with voting yes or no. Founded in 1982, the Federalist Society for would vote to confirm or deny con- Now, also in the midst of this flailing Law and Public Policy Studies is a group of firmation to that particular nominee. and background noise, from time to conservatives and libertarians dedicated to reforming the current legal order. We are That changed just 3 years ago. time, we have heard from the senior Senator from Illinois, casting asper- committed to the principles that the state What is being suggested by Senator exists to preserve freedom, that the separa- CORZINE and others on the other side is sions on an organization called the tion of governmental powers is central to that a minority of only 41 Senators Federalist Society, saying because Jus- our Constitution, and that it is emphatically should be able to deny a well-qualified tice Owen of Texas was a member of the province and duty of the judiciary to say nominee the fairness and the due proc- the Federalist Society, and that many what the law is, not what it should be. The ess of an up-or-down vote on the Sen- of President Bush’s nominees for the Society seeks to promote awareness of these principles and to further their application ate floor. Federal courts were in the Federalist Society, he wondered what this society through its activities. These individuals are well qualified, In its mission and purpose, the Federalist but they are denied the opportunity of was all about. Society is unique. By providing a forum for an up-or-down vote. These individuals, Well, after listening, I had my crack legal experts of opposing views to interact as Senator VOINOVICH said, go through staff get on the Internet and get me with members of the legal profession, the ju- a gauntlet. And when one of these the background on the Federalist Soci- diciary, law students, academics, and the ar- nominees goes through the gauntlet, ety. Let me share this with my col- chitects of public policy, the Society has re- that doesn’t last just months. It has leagues regarding what is called the defined the terms of legal debate. Our expan- Federalist Society for Law and Public sion in membership, chapters, and program been lasting for 1, 2, 3, and, in the case activity has been matched by the rapid of Priscilla Owen, 4 years. Once you get Policy Studies. Here is their background: growth of the Society’s reputation and the through that gauntlet, you may be quality and influence of our events. We have bruised and you may have some asper- Founded in 1982, the Federalist Society for fostered a greater appreciation for the role of Law and Public Policy Studies is a group of sions made about you and statements separation of powers; federalism; limited, conservatives and libertarians dedicated to constitutional government; and the rule of taken out of the record and opinions reforming the current legal order. We are criticized and scrutinized and all the law in protecting individual freedom and tra- committed to the principles that the State ditional values. Overall, the Society’s efforts rest. exists to preserve freedom, that the separa- are improving our present and future lead- At the end of the day, when a major- tion of governmental powers is central to ers’ understanding of the principles under- ity of the Senators are in favor of that our Constitution, and that it is emphatically lying American law. individual and they have come out of the province and duty of the judiciary to say The Society is a membership organization the Judiciary Committee, they ought what the law is, not what it should be. The that features a Student Division, a Lawyers Society seeks to promote awareness of these Division, and a newly-established Faculty to be accorded the fairness, the de- principles and to further their application cency, the due process of an up-or-down Division. The Student Division includes through its activities. more than 5,000 law students at approxi- vote. It goes through its mission and says mately 180 ABA-accredited law schools, in- Another statement that was made is the purpose of the society is unique. cluding all of the top twenty law schools. that the Senate is to protect minority They have legal experts of opposing The national office provides speakers and interests. Well, if one would actually views to interact with members of the other assistance to the chapters in orga- read the Constitution and read the doc- legal profession, the judiciary, law stu- nizing their lectures, debates, and educational activities. uments and the debates on the Senate, dents, academics, and the architects of why the Senate was created the way it The Lawyers Division is comprised of over public policy. They talk about appre- 20,000 legal professionals and others inter- is and compare that to the way the ciation of the role of separation of pow- ested in current intellectual and practical House of Representatives is, one would ers; federalism; limited constitutional developments in the law. It has active chap- find that the Senate is to protect the Government; and the rule of law pro- ters in sixty cities, including Washington, interests of the people in the States. tecting individual freedom and tradi- D.C., New York, Boston, Chicago, Los Ange- The Senate is not representative of the tional values. Overall, the Society’s ef- les, Milwaukee, San Francisco, Denver, At- lanta, Houston, Pittsburgh, Seattle, and In- population of the country, as is the forts are improving our present and fu- House. dianapolis. Activities include the annual Na- ture leaders’ understanding of the prin- tional Lawyers Convention, a Speakers Bu- In fact, the Senate was to serve, in ciples underlying American law. They reau for organizing lectures and debates, and many respects, as a safeguard of State have a student division, and the stu- 15 Practice Groups. prerogatives. So when the Senator dent division has more than 5,000 law The Federalist Society established its Fac- from New Jersey says the Senate is students at approximately 180 ABA-ac- ulty Division in early 1999 with a conference created to protect minority rights, it is credited law schools, including all of that was attended by many of the rising stars in the legal academy. The objective of to protect the right of the States. Let’s the top twenty law schools. recall that it was the people in the the Faculty Division is to provide events and They have a lawyers’ division com- other tools to help encourage constructive States who created the Federal Gov- prised of over 20,000 legal professionals academic discourse. This encouragement will ernment. Note the name of our coun- and others interested in current intel- help foster the growth and development of try: The United States of America. In lectual and practical development in rigorous traditional legal scholarship. fact, the rights of the States were so the law. Finally, the Federalist Society provides closely guarded that State legislators I urge my colleague from Illinois to opportunities for effective participation in actually selected Senators for most of recognize that they have chapters in 60 the public policy process. The Society’s on- the history of this country rather than cities, including Washington, DC; New going programs encourage our members to involve themselves more actively in local, the people. Let’s get those facts York; Boston; Chicago; Los Angeles; state-wide, and national affairs and to con- straight. Milwaukee; San Francisco; Denver; At- tribute more productively to their commu- All of this sort of talk and back- lanta; Houston; Pittsburgh; Seattle; In- nities. ground noise is trying to avoid the dianapolis, and others. They have a Mr. ALLEN. Mr. President, the Sen- point that the Democrats’ partisan ob- faculty division and more. ator from Illinois went on further to

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5525 chastise and criticize the statements court level, which is a very important ought to do as Senators is our job and that he said were contradictory state- level of appeals in this country. He has our duty. This is what the people of ments of Senator FRIST in a filibuster, nominated well-qualified nominees for America in our respective States have as he characterized it, in the year 2000. the circuit court, such as Miguel asked us to do. I really do not think it Now, if the senior Senator from Illi- Estrada. is too much for us to get off our nois, Senator DURBIN, wants to point to When you talk about qualifications, haunches, show some spine, show some prior inconsistent statements, let me Miguel Estrada received the highest backbone, vote yes, vote no on these refresh his memory. This is what Sen- possible rating unanimously from the nominees, and then you can explain to ator DURBIN said on September 28, 1998: American Bar Association and al- your constituents back in New Jersey I think that responsibility requires us to though we had, on five or six occasions, or Illinois or South Dakota or Virginia act in a timely fashion on nominees sent be- 55, 56 votes, he was denied the oppor- why you voted the way you did. fore us. The reason I oppose cloture is I tunity of a fair up-or-down vote. Fi- What we need to do is truly take the would like to see that the Senate shall also nally, his life could not continue in politics out of this process. It is harm- be held to the responsibility of acting in a such limbo and he withdrew his nomi- timely fashion. If, after 150 days languishing ful that this has become so politicized in a committee there is no report on an indi- nation. in the last several years. It is an issue vidual, the name should come to the floor. If, Priscilla Owen, a justice of the Su- I know is very important to the Amer- after 150 days languishing on the Executive preme Court of Texas, another out- ican people. They recognize President Calendar that name has not been called for a standing nomination from President Bush has a philosophy—and it is one vote, it should be. Vote the person up or Bush, the person we are actually debat- that I share—that judges ought to down. They are qualified or they are not. ing right now, received the highest apply the law, not invent the law, and Those are good words from the senior level of endorsement from the Amer- that he has found and sought out men Senator from Illinois in 1998. Those are ican Bar Association, a unanimous, and women of diverse background to the principles we are advocating now. well-qualified. Justice Owen was elect- bring their experiences, but also their These nominees have not been held up ed to the Supreme Court of Texas in fundamental belief of what the proper for just 150 days. These nominees— 1994 and was reelected with 84 percent role of a judge should be, and that is to Priscilla Owen, Janice Rogers Brown, of the vote in Texas in the year 2000. listen to the evidence, apply the facts and others have been held up for This is a person well qualified, well re- to the law as written by the legislative months and years, and in Justice spected in her State. branch in our representative democ- Owen’s case, four years. Janice Rogers Brown, another great racy, and make that ruling. Then we heard from the senior Sen- American life story of someone who is These nominees are well qualified. ator from Illinois, after saying that we the daughter of a sharecropper in seg- They have gone through a lot. They are ought to watch our words, he called the regated Alabama, moved to California, individuals. These are not just pieces of Republicans dogs, more specifically, ended up being the first African Amer- paper that you just crumble up and cocker spaniels. This was all because ican on the Supreme Court of Cali- throw aside. These are human beings, we vote for President Bush’s nominees fornia, the largest State in our Nation. and they should not be treated this for judges. So we are like dogs, cocker She is one who has been characterized way. spaniels. Let me be like an Australian as a brilliant and fair jurist who is If we are going to be able to attract shepherd and herd in the Democrats for committed to the rule of law. The Chief quality men and women in the future the last few days who have been pop- Justice of the California Supreme to our Federal judgeships and Federal ping up like prairie dogs. We have Court called on her to write the major- appointments, many giving up lives heard this charge from others, includ- ity opinion more times in 2001 and 2002 where they can make more money, cer- ing Senator KENNEDY, Senator MUR- than any other justice of the supreme tainly have less controversy, they RAY, Senator SCHUMER, Senator DOR- court. ought not to be treated like a sheet of GAN, and Senator DURBIN, who just re- In California, judges are elected rath- paper. They are human beings. Let’s cently made this unsubstantiated accu- er than appointed and in the most re- have our debates, have the arguments, sation that, we just vote for all these cent election, Justice Brown received make a judgment, and ultimately vote nominations and nobody votes against 76 percent of the vote, which was the ‘‘yes’’ or vote ‘‘no.’’ any of President Bush’s judicial nomi- largest margin of any of the four jus- That is what I think the American nees. tices up for retention that year in Cali- people expect out of the Senate, and it The truth is, all of these Senators— fornia, which is not a strong red State. is a shame we are having to spend as Senators KENNEDY, MURRAY, SCHUMER, In fact, it is kind of a pale-blue State. much time as we are on this, but it is DORGAN, and DURBIN when it came to a Nonetheless, she received 76 percent of an important principle. It is due proc- straight up-or-down vote on all of the vote in California. ess, it is fairness, and it is the rule of President Clinton’s judicial nominees, This individual, Janice Rogers law. whether they were for district court, Brown, is having to go through these I thank my colleagues. Mr. Presi- circuit court of appeals, or Supreme sort of accusations against her. She is dent, I yield the floor, and I suggest Court, never cast a dissenting vote— well respected, and she is certainly the absence of a quorum. not even once. That is a lot of affirma- within the mainstream. The PRESIDING OFFICER. The tive votes, if you ask me, for 8 years of I hope these rebuttals will shed some clerk will call the roll. President Clinton’s nominees. light on the reality of what is going on The assistant legislative clerk pro- Then I scoured around like a German here. What we are simply trying to do ceeded to call the roll. shorthair, and let me point out what I is accord these nominees the fairness of Mr. ALLEN. Mr. President, I ask found out from Senator KENNEDY on an up-or-down vote. People in the real unanimous consent that the order for straight up-or-down votes, not only on world probably do not understand this the quorum call be rescinded. President Clinton’s nominees, but on process. They do not understand why a The PRESIDING OFFICER. Without President Carter’s judicial nominees. nominee who has majority support can- objection, it is so ordered. Senator KENNEDY didn’t even cast a not be accorded the fairness of a vote. The people of America understand dissenting vote on any of those nomi- f nees. To be calling Republicans ‘‘lap courtesy, and they understand due dogs,’’ ‘‘rubberstamps,’’ and so forth—I process. They understand the bump and don’t think so. run and activity that one will have and MORNING BUSINESS Unlike Senator DURBIN, we are not statements that might be made, and Mr. ALLEN. Mr. President, I ask going to call the Democrats dogs or you can have some fun talking about unanimous consent that there now be a cocker spaniels. I think we are lucky dogs, and so forth. period for morning business, with Sen- dogs that President Bush has examined But ultimately, once you go through ators permitted to speak for up to 10 some outstanding nominees from coast all the histrionics, aspersions, charac- minutes each. to coast, outstanding men and women terizations, rebuttals, and setting the The PRESIDING OFFICER. Without who are willing to serve at the circuit record straight, ultimately what we objection, it is so ordered.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5526 CONGRESSIONAL RECORD — SENATE May 19, 2005 NATIONAL POLICE WEEK 2005 and women in law enforcement who ficers who are attending the Concerns Ms. MURKOWSKI. Shortly after have lost their lives in the line of duty. of Police Survivors meetings in Alex- noon on Wednesday May 11, I was pre- This year, the names of 415 law en- andria, VA for the first time. It was siding over the Senate when the entire forcement officers have been inscribed not so long ago that Laurie was attend- Capitol complex was evacuated in re- on the memorial; 153 of these brave ing her first survivors’ conference and sponse to the threat of an airplane in men and women lost their lives in 2004. now she is helping other survivors re- restricted airspace. The officers of the The remainder lost their lives in other build their lives. Laurie was raised in United States Capitol Police reacted years—some generations before the Glennallen, AK. Although Laurie has quickly and evacuated the Capitol in memorial was created. relocated from Alaska to the Bakers- record time, moving my colleagues, In 2004 Alaska did not lose a law en- field, CA area, it is clear to me that the our staffs, the press corps and our visi- forcement officer in the line of duty. Alaskan spirit of giving and sharing tors to safe locations. This year, no Alaskans have been still burns strong within her. Thank I cannot say enough about the men added to the National Law Enforce- you, Laurie. and women of our United States Cap- ment Officers Memorial and for this we Mayor Steve Thompson of the City of itol Police. One of their slogans, ‘‘You are grateful. Fairbanks has sent a wreath to be dis- elect them . . . we protect them,’’ ac- During National Police Week we are played at the National Law Enforce- curately describes the mission of this reminded that the 17,000 people whose ment Officers Memorial in memory of highly professional force which was names are engraved on the Law En- Patrol Officer John Kevin Lamm who formed in 1828. That mission, simply forcement Officers Memorial were he- gave his life on January 1, 1998. Thank stated, is to protect democracy’s great- roes not for the way they died but for you, Mayor Thompson. est symbol, the United States Capitol, the way they lived. It was Vivian Eney, The names of 42 Alaskans appear on the people who work here, and its own- the surviving spouse of U.S. Capitol the National Law Enforcement Officers ers, the American people, who visit our Police Officer Christopher Eney, who Memorial. During National Police offices. coined that phrase. Week, which officially begins on May When the Senate returned to its For 51 weeks a year the stories be- 15 and concludes on May 21 we will re- work, our leaders took the floor to ex- hind those 17,000 names are known to flect on the contributions of each of press our collective appreciation to the family members and law enforcement these heroes here in Washington and in U.S. Capitol Police. Senator REID colleagues. But during National Police ceremonies in my State of Alaska. closed his statement with these touch- Week the memorial comes alive as sur- To their colleagues in law enforce- ing words, ‘‘Every day, we see them viving family members and department ment and to the surviving members of standing around doors, and they don’t colleagues decorate the memorial with these 41 Alaskans and to the family, appear to be working real hard, but it shoulder patches, photographs, stories friends and colleagues of the 17,000 men is on days such as this that they earn and poems. Ultimately this material and women whose names appear on the their pay over and over again.’’ Sen- will be available to the public 365 days National Law Enforcement Officers ator REID would know something about a year at a museum that the Congress Memorial, let us remember during this this because of all of the things on his authorized to be constructed on Fed- National Police Week that ‘‘Heroes rather impressive resume, I understand eral land in 2000. Live Forever.’’ that he is proudest of his service as a The museum will be developed, con- In valor there is hope. member of the U.S. Capitol Police. structed, owned and operated by the It is no small irony that the skills of I ask unanimous consent that the National Law Enforcement Officers our U.S. Capitol Police Officers would names of these 42 individuals, their Memorial Fund—the same nonprofit be put to the test at the very moment agencies and the date upon which each organization that built and now over- that surviving family members of fall- of their watches ended be printed in en police officers from around the Na- sees the National Law Enforcement Of- the RECORD. tion were arriving in Washington, DC, ficers Memorial. Construction is ex- There being no objection, the mate- for the annual candlelight vigil at the pected to commence in 2007 and the rial was ordered to be printed in the National Law Enforcement Officers opening is slated for 2009. RECORD, as follows: The museum will replace a one room Memorial and then for Peace Officers ALASKANS INSCRIBED ON THE NATIONAL LAW memorial visitor center in the store- NFORCEMENT FFICERS EMORIAL Memorial Day services at the west E O M front of the Capitol. front of a downtown office building and Richard J. Adair, Juneau Police Depart- At this time of year, it is appropriate will educate millions of visitors about ment, August 17, 1979 the tremendous contributions our law Doris Wayne Barber, Sitka Police Depart- not only to reflect on the profes- ment, July 28, 1960 sionalism of today’s U.S. Capitol Po- enforcement officers have made throughout our Nation’s history. It is a Gordon Brewster Bartell, Kodiak Police lice Officers, but also on three who Department, January 15, 1983 have fallen in the line of duty. I am re- worthy addition to the memorial and a Robert Lee Bittick, Alaska State Troopers, ferring to Jacob John Chestnut, who project worthy of support by our col- October 11, 1994 was fatally shot while tending one of leagues and the Nation. Leroy Garvin Bohuslov, Alaska Dept. of those checkpoints that Senator REID During the annual Police Week ob- Fish and Game, March 5, 1964 referred to, by an armed assailant in- servance thousands of survivors of fall- Larry Robert Carr, Alaska State Troopers, December 11, 1974 tent upon entering the Capitol. I am en law enforcement officers return to Washington, D.C., for the annual con- Ignatius John Charlie, Alakanuk Police also referring to John M. Gibson who Department, May 10, 1985 was fatally shot by the same individual ference of the support group Concerns Roland Edgar Chevalier, Jr., Alaska State while protecting the life of one of our of Police Survivors. I was proud to wel- Troopers, April 3, 1982 colleagues from that assailant. come to my office the surviving family Dennis Finbar Cronin, Alaska State Troop- And let us also not forget Chris- members of Kenai Police Department ers, February 18, 1974 topher Eney, a U.S. Capitol Police Offi- Officer John Patrick Watson whose Thomas Clifford Dillon, Bethel Police De- cer who gave his life while partici- name was inscribed on the National partment, November 19, 1972 Law Enforcement Officers Memorial in Donald Thomas Dull, Juneau Police De- pating in a training exercise in 1984. I partment, October 19, 1964 understand that he was participating 2004. Troy Lynn Duncan, Alaska State Troopers, in the type of intense training that Laurie Heck Huckeba, the widow of May 19, 1984 would have proven very helpful on fallen Alaska State Trooper Bruce Johnathan Paul Flora, Anchorage Police Wednesday, May 11. Their names are Heck, who gave his life on January 10, Department, September 8, 1975 all inscribed on the National Law En- 1997, has returned to our Nation’s Cap- Harry Biddington Hanson, Jr., Anchorage forcement Officers’ Memorial on Judi- ital in her role as Pacific Region Trust- Police Department, July 17, 1986 ee of Concerns of Police Survivors. She Bruce A. Heck, Alaska State Troopers, ciary Square. The headquarters of the January 10, 1997 U.S. Capitol Police is named in the could not come to Capitol Hill to visit James C. Hesterberg, Alaska Department honor of each of them. with me because she was busy con- of Corrections, November 19, 2002 This is the third consecutive year ducting orientation sessions for the Earl Ray Hoggard, Ketchikan Police De- that I have spoken in honor of the men survivors of fallen law enforcement of- partment, March 30, 1974

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5527 Anthony Crawford Jones, Dillingham Po- Crawford of the Clark County Sheriff’s geant Crawford reminds us of the im- lice Department, February 12, 1992 Department all lost their lives in the mense challenges that law enforcement Harry C. Kavanaugh, Anchorage Police De- line of duty during 2004. The out- officers face on a daily basis. They will partment, January 3, 1924 pouring of community support that ac- Jimmy Earl Kennedy, Juneau Police De- each be remembered for their dedica- partment, April 17, 1979 companied each loss underscores the tion and their desire to serve and help Harry Edward Kier, Anchorage Police De- immense appreciation and compassion others. Our thoughts and prayers are partment, October 28, 1980 felt by Americans for those ready to with their families during this difficult John Kevin Lamm, Fairbanks Police De- help in a time of need. I would like to time. partment, January 1, 1998 join with my fellow Washingtonians National Police week is a time to re- Richard I. Luht, Jr. Internal Revenue and take a moment to pay tribute to member those we have lost and thank Service, January 31, 1999 Agent Wilson, Officer Lewis, and Ser- those who continue to serve. However, Alvin G. Miller, Fairbanks Police Depart- geant Crawford for their generous spir- ment, November 2, 1908 our gratitude extends far beyond this Louie Gordon Mizelle, Anchorage Police it and tireless devotion to duty. By one week. Local, State, and Federal Department, June 6, 1989 sharing a little bit about each of these law enforcement stand ready at every James A. Moen, Alaska Fish and Wildlife officers with you, I hope to help honor hour, and their unending courage and Protection, June 25, 2001 their sacrifice. sense of duty represents the very best Kenneth G. Nauska, Craig Police Depart- Currently, there are over 10,000 Fed- of America. On behalf of the citizens of ment, January 30, 1966 eral law enforcement officers deployed Washington State, I offer my thanks to Thomas P. O’Hara, National Park Service, along our country’s borders. The the men and women who wake up every December 20, 2002 deserts, wilderness, and rivers that line day, put on a uniform, and set out to Karl William Reishus, Juneau Police De- many of our Nation’s edges often partment, May 4, 1992 make our country an even better place. present these agents with extreme and Frank Stuart Rodman, Alaska State f Troopers, December 11, 1974 trying conditions that can sometimes Hans-Peter L. Roelle, Alaska State Troop- lead to tragedy. On Sunday, September ADDITIONAL STATEMENTS ers, November 24, 2001 19, 2004, Senior Border Patrol Agent James Arland Rowland, Jr., Palmer Police Jeremy Wilson fell overboard during a Department, May 15, 1999 patrol on the Rio Grande near Los HONORING THE CAREER OF ARLO Dan Richard Seely, Anchorage Police De- Indios, TX. Soon after, the patrol boat LEVISEN partment, October 26, 1996 capsized, sending the boat’s captain John David Stimson, Alaska Fish and ∑ Mr. JOHNSON. Mr. President, I rise Wildlife Protection, January 14, 1983 and another officer, Agent Travis today to publicly honor the career of Benjamin Franklin Strong, Anchorage Po- Attaway, into the turbulent, storm-fed Mr. Arlo Levisen, superintendent of the lice Department, January 4, 1968 river. A second border patrol boat was Grant-Duel School District. After 15 John J. Sturgus, Anchorage Police Depart- able to rescue the boat’s captain, but years of dedicated service as Grant- ment, February 20, 1921 Agents Wilson and Attaway were lost. Duel’s top administrator, Arlo is retir- Claude Everett Swackhammer, Alaska De- Agent Wilson, a third generation Bor- partment of Public Safety, October 11, 1994 ing. der Patrol Agent from Ferndale, WA, A native of Milbank, SD and son of a John Patrick Watson, Kenai Police Depart- was 29 years old. His passing leaves a ment, December 25, 2003 farmer and 40-year Grant County edu- Charles H. Wiley, Seward Police Depart- reminder of the dangers faced by offi- cator, Arlo graduated in 1962 from ment, October 4, 1917 cers who spend each day navigating ex- South Shore High School. He then Gary George Wohfeil, Alaska Dept. of Fish treme conditions on our Nation’s fron- went on to receive his Bachelor of and Game, March 5, 1964 tiers. Science degree from Aberdeen’s North- Justin Todd Wollam, Anchorage Police De- Often, the randomness and chance ern State College in 1967, graduating partment, July 9, 2001 surrounding a loss of life makes the with a degree in elementary education Ronald Eugene Zimin, South Nannek Vil- event difficult to understand. Routine and history. lage Public Safety Officer, October 21, 1986 actions, preformed hundreds of times, Ms. CANTWELL. Mr. President, I Throughout the latter portion of the can, without warning, end tragically. rise today to say a few words in honor 1960s, Arlo taught at and was principal On Tuesday, April 27, 2004, Officer of our country’s many dedicated law of various schools throughout South James G. Lewis, a 19-year veteran of Dakota, including Yankton, Pine enforcement officers, and to thank Tacoma Police Department, lost his Ridge, Kyle, Lyman, and Deubrook them for their ongoing efforts to keep life when his motorcycle collided with School District. These diverse edu- our families and communities safe. As a car that pulled in front of him as he cational experiences allowed Arlo to my colleagues know, May 15 is Na- rushed to help a fellow officer who had tional Peace Officers Memorial Day, requested back-up. Officer Lewis was 45 understand and appreciate the various and the week that follows marks Na- years old. He was a member of Tacoma learning environments South Dakota tional Police Week. Throughout this Pierce County Search & Rescue, and has to offer. week, the United States honors the had served as a police officer in the In 1979, in addition to his position as courage, devotion, and sacrifice of law Marine Corps. He is survived by his principal of Lyman School District’s enforcement officers from across the wife and son. He will be remembered elementary and junior high schools, Nation, and recognizes their invaluable for his willingness to help others and Arlo took on the responsibility of serv- contributions to the well-being of our his readiness to put their needs before ing as commodity supervisor of the country. his own. South Dakota Department of Edu- First observed in 1962, National Po- While our Nation’s police officers cation’s Child and Adult Nutrition lice Week also provides us with an im- spend each day working to limit vio- Services. There he was responsible for portant opportunity to remember those lence, a call for help can sometimes annually purchasing 22 million pounds we have lost in the line of duty. One lead to an outbreak of what law en- of USDA commodities and distributing hundred and fifty-three law enforce- forcement works so hard to prevent. On them to 600 South Dakota institutions ment officers lost their lives while Friday, July 30, 2004, Sergeant Brad and reservations. serving in 2004, including three from Crawford of the Clark County Sheriff’s In 1984, Arlo became principal of the my home State. Last month, their Department was killed when his patrol Pierre Indian Learning Center, a board- names were added to the National Law car was intentionally rammed by a ing school created solely for the pur- Enforcement Officers Memorial, offer- truck fleeing the scene of a standoff. pose of educating Indian children with ing a stark reminder of the sacrifice all Sergeant Crawford was 49 years old. He a history of behavioral disorders. As law enforcement personnel stand pre- had served as a law enforcement officer head of the learning center, Arlo pared to make to protect the citizens for over two decades and had been with oversaw 185 students ranging from first they serve. the Clark County Sheriff’s Department through eighth grades, as well as 40 Sadly, Senior Boarder Patrol Agent for 8 years. He is survived by his wife, staff members. Jeremy Wilson of Ferndale, Officer five children, and three grandchildren. Following his time at the Pierre In- James G. Lewis of the Tacoma Police The untimely and unnecessary loss of dian Learning Center, Arlo accepted Department, and Sergeant Brad Agent Wilson, Officer Lewis, and Ser- the position as superintendent of the

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5528 CONGRESSIONAL RECORD — SENATE May 19, 2005 Grant-Duel School District, where he ships held this year in Salt Lake City, Active for many years in local poli- has remained for the last decade and a Utah. From June 29, 2005 through July tics, George was elected a delegate to half. Throughout his tenure at Grant- 3, 2005, the Team Indiana Outlaws will the 1986 Rhode Island Constitutional Duel, Arlo has enhanced the lives of compete against a number of other na- Convention. He has received numerous countless students by broadening their tional teams who have likewise quali- letters of appreciation and recognition educational opportunities. For in- fied for this tournament. from past Governors and Federal, stance, he was instrumental in opening I commend these nine young women State, and local officials. It was my Watertown High School’s classes to for their hard work and discipline that privilege to take a bike ride with Grant-Duel students, thus enabling his culminated in their qualification for George last August on the newly con- students to experience all that a larger competition against equally dedicated structed Washington Secondary Bike school district has to offer. As a result national opponents. I am additionally Path that runs from Cranston to Cov- of this initiative, Grand-Duel students pleased that their tutelage came at the entry, RI. As I said at the time, if the are often better prepared and able to hands of two fine Hoosiers, Coaches East Bay Bike Path had not been built, adjust quickly to the enormous campus Leonhardt and Dobrota, who have been there would not have been the momen- life that many encounter in college. mainstays in the Indiana volleyball tum to go forward with other trails. Additionally, Arlo played a vital role community for a number of years. I am George has been married for 53 years in establishing the Minnesota Border confident that the Team Indiana Out- to his wife, Adeline, and they have two Schools Coalition, an association cre- laws will not only play with distin- children, Paul and Mary, and three ated to discuss and implement South guished efforts, but also demonstrate grandchildren. Dakota and Minnesota’s open enroll- the good sportsmanship that is preva- George Redman’s success in pushing ment policy. Not only is Arlo the cur- lent in Indiana athletics. for the East Bay Bike Path affirms the rent president of the organization, but The names of the Team Indiana Out- notion that members of grassroots or- under his leadership and direction, laws are as follows: Coaches: Larry ganizations can partner with state and Grant-Duel School was the first school Leonhardt, Erika Dobrota; players: federal agencies to improve the quality to accept a Minnesota student. Sammi Deer, Shelby Hiltunen, Megan of life in their communities. I am de- Throughout the years, thousands of Neher, Alli Norris, Lauren Rafdal, lighted to join in recognizing his students have benefited from Arlo’s Emily Reber, Lucy Reser, Kasey achievements, and his passion for the commitment to educational excellence, Ruppe, and Allison Snyder.∑ environment and public recreation.∑ as have his colleagues. In 1991, Arlo f f helped establish and chair The South HONORING GEORGE REDMAN Dakota School Group Insurance Pool, a ALICE YARISH: IN MEMORIAM health insurance pool created to make ∑ Mr. CHAFEE. Mr. President, today I ∑ Mrs. BOXER. Mr. President, I rise to affordable health insurance available wish to pay tribute to George Redman honor and share with my colleagues to Grant-Duel faculty. of East Providence, RI. The Greenways the memory of a very special woman, In addition to the hours he puts in as Alliance of Rhode Island, the Ocean Alice Yarish of Marin County, who died superintendent of the Grant-Duel State Bike Path Association, and the May 9, 2005. She was 96 years old. School District, Arlo is vice-chairman Narragansett Bay Wheelman are hon- Alice Yarish was an award-winning of the board of directors for Pierre Od- oring George tonight for his ‘‘Spirit, reporter and the Grande Dame of Marin yssey World, Inc., he is a member of Dedication and Commitment to Rhode journalism. I knew her during the 11 Capital City Bass Bandits, a volunteer Island Greenways.’’ years she worked for the Pacific Sun, advisor to the U.S. Forest Service, a George is an active neighborhood vol- exposing political scandals and pushing member of the High Plains Wildlife unteer, an avid bicyclist, an amateur for prison reform. Federation, and county chairman of genealogist, historian, and sailor. His During her years as a journalist in the Hughes County Democratic Party. extraordinary service during World Marin, Alice demonstrated personal The lives of countless people have War II aboard the USS Mississippi courage and a strong commitment to been enormously enhanced by Arlo’s began a career of service to his commu- social justice. Alice is most well known talent and leadership as superintendent nity and country. for her relentless coverage of prison re- of the Grant-Duel School District. The He has dedicated much of his life to form and she continued to fight for State of South Dakota is a better place the revitalization of the East Provi- prisoner rights and prison reform until because of his commitment to and pas- dence waterfront, beginning with a her retirement from the Pacific Sun in sion for academic excellence; his shoreline cleanup that he organized as 1981. achievement will serve as a model for an Assistant Master of a Boy Scout She went on to write her autobiog- other talented educators and adminis- troop. His efforts continued with his raphy, ‘‘Growing Old Disgracefully: Ad- trators throughout our State to emu- work as chairman of the Fort Hill Wa- ventures of a Maverick Reporter.’’ late. On the occasion of his retirement, terfront Park Committee, the East Alice was born in Goldfield, NV, I congratulate Arlo for his tireless Providence Beautification Committee, where her father was a judge and her commitment to quality education in the East Providence Shoreline Com- mother was one of the first women law- South Dakota, and I wish him and his mittee, and the Narragansett Bay Com- yers in the State. Her family moved to family the very best.∑ mission Advisory Council. Redondo Beach, CA when she was still f I would especially like to commend young. After graduating from high George for his vital role advocating for school, Redondo Beach is where Alice CONGRATULATING THE TEAM the East Bay Bike Path. This 14-mile began her long and passionate career as INDIANA OUTLAWS trail, built on an abandoned railway a journalist. ∑ Mr. LUGAR. Mr. President, I wish to connecting East Providence to the Alice worked for the Los Angeles Ex- inform my colleagues of the remark- coastal towns of Barrington, Warren, press when she interviewed First Lady able feat reached by a dedicated group and Bristol, has been hailed as a na- Eleanor Roosevelt. Out enjoying a bi- of young women from my home State tional example of the benefits of rec- cycle ride wearing shorts and a of Indiana, qualification for the 2005 reational trails. In the early 1980s, sweatshirt, Alice spotted Mrs. Roo- USA Junior Olympic Girl’s Volleyball George headed a petition effort that re- sevelt entering a beachfront hotel and Championships. ceived more than 4,200 signatures and ran after her to request an interview. The Team Indiana Outlaws, con- spurred the Rhode Island Department She was granted the interview, which sisting of nine young women well of Transportation to complete the path shocked and amazed her editors. coached by Larry Leonhardt and Erika in 1992. His bike path advocacy has After her stint at the Los Angeles Dobrota, will represent the State of In- earned him recognition in the Chris- Express, Alice left journalism to attend diana and their Team Indiana tian Science Monitor, the Providence college and law school at the Univer- Volleyball Club in the 13 and Under Di- Journal, Rails to Trails Magazine, and sity of Southern California. Financial vision of the 26th Annual USA Junior other local media outlets covering bike problems during the Depression led her Olympic Girl’s Volleyball Champion- path and waterfront-related issues. to leave law school early, and she took

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5529 a job as a social worker with the Emer- education—particularly on student aid (The nominations received today are gency Relief Administration. She left and academic freedom. Through his printed at the end of the Senate pro- this job when she married career mili- speaking, his writing and most impor- ceedings.) tary man, Peter Yarish, and moved tantly his actions—he has dem- f with him to Hamilton Air Force Base onstrated his commitment to the qual- in Novato. ity and diversity of higher education. MESSAGE FROM THE HOUSE Alice raised four children and re- Greg Prince has served Hampshire At 4:38 p.m., a message from the turned to journalism when she was 42 College, the Commonwealth of Massa- House of Representatives, delivered by years old. She wrote for the Marin chusetts, and the Nation well, and I Ms. Niland, one of its reading clerks, Independent Journal, the Novato Ad- know I join his many friends and ad- announced that the House has passed vance, the Santa Rosa Press Democrat mirers in extending our gratitude for the following bill, in which it requests and the San Francisco Examiner. But his extraordinary service and our best the concurrence of the Senate: it was at the Pacific Sun where she wishes for the next phase of his out- H.R. 1817. An act to authorize appropria- really made a name for herself as a standing career.∑ tions for fiscal year 2006 for the Department of Homeland Security, and for other pur- unique, outspoken woman journalist. f Those who knew Alice viewed her as poses. a sharp and witty reporter with a tre- TRIBUTE TO CENTRAL ACADEMY f HIGH SCHOOL mendous sense of curiosity. She took MEASURES REFERRED pride in uncovering injustice at every ∑ Mr. HARKIN. Mr. President, I come level of government. She stood out as a to the floor today, to congratulate stu- The following bill was read the first passionate watchdog with an incredible dents from Central Academy High and the second times by unanimous capacity for building friendships School in Des Moines, IA, who com- consent, and referred as indicated: throughout the local community. Alice peted in national finals of the ‘‘We the H.R. 1817. An act to authorize appropria- was deeply-respected by fellow journal- People: The Citizen and the Constitu- tions for fiscal year 2006 for the Department ists, editors and elected officials. She tion’’ program in Washington, DC, ear- of Homeland Security, and for other purposes; to the Committee on Homeland Secu- will be deeply missed. lier this month. The students won the rity and Governmental Affairs. Alice is survived by her four children, Unit Three Award at the competition. Tim Yarish of Sausalito, Thomas This was the second year in a row that f Yarish of Mill Valley, Anthony Yarish students from Michael Schaffer’s gov- MEASURES PLACED ON THE of Cotati, and Robin Ell of Portland, ernment classes have won this pres- CALENDAR OR. She is also survived by seven tigious recognition. These outstanding The following bills were read the sec- grandchildren and three great grand- young Iowans competed against classes ond time, and placed on the calendar: ∑ children. from every State in the country, and S. 1061. A bill to provide for secondary f earned the highest score by dem- school reform, and for other purposes. onstrating a remarkable understanding TRIBUTE TO GREGORY PRINCE S. 1062. A bill to amend the Fair Labor of the fundamental ideals and values of Standards Act of 1938 to provide for an in- ∑ Mr. KENNEDY. Mr. President, this American constitutional government. crease in the Federal minimum wage. month Hampshire College in Amherst, Clearly, the future of democracy is in f MA says goodbye to Greg Prince, who good hands, as demonstrated by the MEASURES READ THE FIRST TIME has served so impressively as its Presi- skill, knowledge and poise shown by dent since 1989. Dr. Prince came to these students. The following bills were read the first Hampshire after a distinguished aca- I recognize and salute the students time: demic career as a professor of history from Des Moines and surrounding sub- S. 1084. A bill to eliminate child poverty, and administrator at Dartmouth Col- urbs who were involved in the competi- and for other purposes. lege, and he has spent the past 16 years tion: Emily Burney, Julia Busiek, Kate S. 1085. A bill to provide for paid sick leave building a strong record for Hampshire. Conlow, Tim Di Iulio, Jon Hill, Lisa to ensure that Americans can address their Hampshire is a young college founded own health needs and the health needs of Jefferson, Alix Lifka-Reselman, Phillip their families. in 1970 as a model of interdisciplinary R. Miller, Ben Miller-Todd, David education without conventional grades. Nolan, Caroline Rendon, Andrew Tatge, f Its unique college setting promotes Erin Turner, Emily Yarn. EXECUTIVE AND OTHER independent thought and activism on The ‘‘We the People’’ program is ad- COMMUNICATIONS public policy, while at the same time ministered by the Center for Civic Edu- The following communications were participating in a five college consor- cation. It is the most extensive pro- laid before the Senate, together with tium with traditional colleges Smith, gram of its kind, reaching more than 26 accompanying papers, reports, and doc- Mount Holyoke, Amherst and the Uni- million students in elementary, mid- uments, and were referred as indicated: versity of Massachusetts. dle, and high schools. In Iowa, ‘‘We the Greg Prince is a president who be- EC–2251. A communication from the Chief, People’’ is coordinated by Linda Mar- Regulations and Administrative Law, U.S. lieves in wide-ranging discussion, and tin and Ivette Bender is the district co- Coast Guard, Department of Homeland Secu- so Hampshire students are encouraged ordinator for the area that serves Des rity, transmitting, pursuant to law, the re- to be active participants in the dia- Moines. I salute them also for their port of a rule entitled ‘‘Anchorage Ground; logue and activities of the college. He hard work and dedication to this excel- Pacific Ocean at Santa Catalina Island, CA believes strongly that the institution lent program.∑ [CGD11–04–006]’’ (RIN1625–AA01) received on May 18, 2005; to the Committee on Com- must have a vision, and the president f must support and encourage that vi- merce, Science, and Transportation. sion. In Hampshire’s case, the vision is MESSAGES FROM THE PRESIDENT EC–2252. A communication from the Chief, Regulations and Administrative Law, U.S. firmly grounded in the value of social Messages from the President of the Coast Guard, Department of Homeland Secu- justice. United States were communicated to rity, transmitting, pursuant to law, the re- Prior to his presidency, Hampshire the Senate by Ms. Evans, one of his port of a rule entitled ‘‘Special Local Regu- had become the first college in the secretaries. lations: Annual Fort Myers Beach Air Show, country to divest its stock in corpora- f Fort Myers Beach, FL [CGD07–05–012]’’ tions doing business in South Africa. (RIN1625–AA08) received on May 18, 2005; to Greg Prince continued to set an exam- EXECUTIVE MESSAGES REFERRED the Committee on Commerce, Science, and ple in everything he did. He has had an As in executive session the Presiding Transportation. indelible impact on the campus by his Officer laid before the Senate messages EC–2253. A communication from the Chief, Regulations and Administrative Law, U.S. strong commitment to the college’s from the President of the United Coast Guard, Department of Homeland Secu- mission of self-expression and action. States submitting sundry nominations rity, transmitting, pursuant to law, the re- He has inspired all of us through his which were referred to the appropriate port of a rule entitled ‘‘Special Local Regu- leadership on issues that affect college committees. lations (including 2 regulations): [CGD11–05–

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5530 CONGRESSIONAL RECORD — SENATE May 19, 2005 004] [CGD05–05–047]’’ (RIN1625–AA08) received mitting, pursuant to law, the report of a rule ant to law, the report of a rule entitled ‘‘17 on May 18, 2005; to the Committee on Com- entitled ‘‘Modification of Class E Airspace; CFR Part 450, Government Securities Act merce, Science, and Transportation. Sidney, NE’’ ((RIN2120–AA66) (2005–0112)) re- Regulations: Custodial Holdings of Govern- EC–2254. A communication from the Chief, ceived on May 18, 2005; to the Committee on ment Securities’’ (RIN1505–AB06) received on Regulations and Administrative Law, U.S. Commerce, Science, and Transportation. May 17, 2005; to the Committee on Banking, Coast Guard, Department of Homeland Secu- EC–2264. A communication from the Pro- Housing, and Urban Affairs. rity, transmitting, pursuant to law, the re- gram Analyst, Federal Aviation Administra- EC–2274. A communication from the Sec- port of a rule entitled ‘‘Drawbridge Oper- tion, Department of Transportation, trans- retary of Health and Human Services, trans- ation Regulations; Chelsea River, MA mitting, pursuant to law, the report of a rule mitting, pursuant to law, a report entitled [CGD01–05–022]’’ (RIN1625–AA09) received on entitled ‘‘Standard Instrument Approach ‘‘HHS Designation of Additional Members of May 18, 2005; to the Committee on Com- Procedures; Miscellaneous Amendments (61); the Special Exposure Cohort under the En- merce, Science, and Transportation. Amdt. No. 3078’’ ((RIN2120–AA65) (2005–0016)) ergy Employees Occupational Illness Com- EC–2255. A communication from the Chief, received on May 18, 2005; to the Committee pensation Program Act’’; to the Committee Regulations and Administrative Law, U.S. on Commerce, Science, and Transportation. on Health, Education, Labor, and Pensions. Coast Guard, Department of Homeland Secu- EC–2265. A communication from the Pro- EC–2275. A communication from the Direc- rity, transmitting, pursuant to law, the re- gram Analyst, Federal Aviation Administra- tor, Regulations Policy and Management port of a rule entitled ‘‘Drawbridge Oper- tion, Department of Transportation, trans- Staff, Food and Drug Administration, De- ation Regulations (including 4 regulations): mitting, pursuant to law, the report of a rule partment of Health and Human Services, [CGD08–05–027], [CGD07–05–041], [CGD01–05– entitled ‘‘Amendment of Class E Airspace; transmitting, pursuant to law, the report of 039], [CGD08–05–028]’’ (RIN1625–AA09) re- Pennsylvania, New Jersey, Delaware’’ a rule entitled ‘‘Use of Ozone-Depleting Sub- ceived on May 18, 2005; to the Committee on ((RIN2120–AA66) (2005–0113)) received on May stances; Removal of Essential-Use Designa- Commerce, Science, and Transportation. 18, 2005; to the Committee on Commerce, tions’’ ((RIN0910–AF18) (Docket No. 2003P– EC–2256. A communication from the Chief, Science, and Transportation. 0029)) received on May 17, 2005; to the Com- Regulations and Administrative Law, U.S. EC–2266. A communication from the Pro- mittee on Health, Education, Labor, and Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- Pensions. rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- EC–2276. A communication from the Acting port of a rule entitled ‘‘Safety Zone; Bering mitting, pursuant to law, the report of a rule Assistant Secretary, Legislative Affairs, De- Sea, Aleutian Islands, Unalaska Island, AK entitled ‘‘Aging Aircraft Safety; COR- partment of State, transmitting, pursuant to [COPT Western Alaska-04–003]’’ (RIN1625– RECTING AMENDMENT’’ ((RIN2120–AE42) the Arms Export Control Act, a certification AA00) received on May 18, 2005; to the Com- (2005–0002)) received on May 18, 2005; to the regarding the proposed transfer of major de- mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and fense equipment valued (in terms of its origi- tation. Transportation. nal acquisition cost) at $25,000,000 or more EC–2257. A communication from the Chief, EC–2267. A communication from the Pro- from the Government of the Netherlands to Regulations and Administrative Law, U.S. gram Analyst, Federal Aviation Administra- the Government of Portugal; to the Com- Coast Guard, Department of Homeland Secu- tion, Department of Transportation, trans- mittee on Foreign Relations. rity, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule EC–2277. A communication from the Acting port of a rule entitled ‘‘Safety Zone; Gulf entitled ‘‘Reduced Vertical Separation Min- Assistant Secretary, Legislative Affairs, De- Gateway Deepwater Port, Gulf of Mexico imum in Domestic United States Airspace; partment of State, transmitting, pursuant to [USCG–2005–21111]’’ (RIN1625–AA00) received TECHNICAL AMENDMENT’’ ((RIN2120– law, a report relative to the Participation of on May 18, 2005; to the Committee on Com- AH68) (2005–0001)) received on May 18, 2005; to Taiwan in the World Health Organization merce, Science, and Transportation. the Committee on Commerce, Science, and Act, 2004; to the Committee on Foreign Rela- EC–2258. A communication from the Chief, Transportation. tions. Regulations and Administrative Law, U.S. EC–2268. A communication from the Pro- EC–2278. A communication from the Assist- Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- ant Legal Adviser for Treaty Affairs, Depart- rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- ment of State, transmitting, pursuant to the port of a rule entitled ‘‘Safety Zone; Fire- mitting, pursuant to law, the report of a rule Case-Zablocki Act, 1 U.S.C. 112b, the report works Displays within the Fifth Coast Guard entitled ‘‘Security Considerations for the of the texts and background statements of District [CGD05–05–013]’’ (RIN1625–AA00) re- Flightdeck on Foreign Operated Transport international agreements, other than trea- ceived on May 18, 2005; to the Committee on Category Airplanes; DISPOSITION OF COM- ties; to the Committee on Foreign Relations. Commerce, Science, and Transportation. MENTS’’ ((RIN2120–AH70) (2005–0001)) re- EC–2279. A communication from the Bio- EC–2259. A communication from the Pro- ceived on May 18, 2005; to the Committee on mass and Forest Health Program Manager, gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. Wildland Fire Coordination, Office of the tion, Department of Transportation, trans- EC–2269. A communication from the Pro- Secretary, Department of the Interior, transmitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: McDon- tion, Department of Transportation, trans- entitled ‘‘Woody Biomass Utilization’’ nell Douglas Model MD–11 and -11F Air- mitting, pursuant to law, the report of a rule (RIN1084–AA00) received on May 17, 2005; to planes’’ ((RIN2120–AA64) (2005–0240)) received entitled ‘‘1–G Stalling Speed as a Basis for the Committee on Environment and Public on May 18, 2005; to the Committee on Com- Compliance with Part 25 of the Federal Avia- Works. merce, Science, and Transportation. tion Regulations; CORRECTION’’ ((RIN2120– EC–2280. A communication from the Direc- EC–2260. A communication from the Pro- AD40) (2005–0001)) received on May 18, 2005; to tor, Pentagon Renovation and Construction gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and Program Office, Department of Defense, tion, Department of Transportation, trans- Transportation. transmitting, pursuant to law, the annual re- mitting, pursuant to law, the report of a rule EC–2270. A communication from the Chair- port on the Pentagon Renovation Program; entitled ‘‘Airworthiness Directives: General man of the Board of Governors of the Federal to the Committee on Armed Services. Electric Company CF6–80E1A2 Turbofan En- Reserve System, transmitting, pursuant to EC–2281. A communication from the Acting gines’’ ((RIN2120–AA64) (2005–0241)) received law, the Federal Reserve Board’s ninety-first Under Secretary of Defense for Acquisition, on May 18, 2005; to the Committee on Com- annual report; to the Committee on Bank- Technology, and Logistics, transmitting, merce, Science, and Transportation. ing, Housing, and Urban Affairs. pursuant to law, a report relative to defense EC–2261. A communication from the Pro- EC–2271. A communication from the Sec- Federally Funded Research and Development gram Analyst, Federal Aviation Administra- retary of Commerce, transmitting, pursuant Centers (FFRDC); to the Committee on tion, Department of Transportation, trans- to law, a six-month report prepared by the Armed Services. mitting, pursuant to law, the report of a rule Department of Commerce’s Bureau of Indus- EC–2282. A communication from the Assist- entitled ‘‘Airworthiness Directives: McDon- try and Security on the national emergency ant Under Secretary of Defense (Transpor- nell Douglas Model DC 9 31 and DC 9 32 Air- declared by Executive Order 13222; to the tation Policy), Acquisition, Technology, and planes’’ ((RIN2120–AA64) (2005–0242)) received Committee on Banking, Housing, and Urban Logistics, Department of Defense, transmit- on May 18, 2005; to the Committee on Com- Affairs. ting, pursuant to law, a corrected report rel- merce, Science, and Transportation. EC–2272. A communication from the Chief ative to the Department’s implementation of EC–2262. A communication from the Pro- Counsel, Bureau of the Public Debt, Depart- postal system improvements; to the Com- gram Analyst, Federal Aviation Administra- ment of the Treasury, transmitting, pursu- mittee on Armed Services. tion, Department of Transportation, trans- ant to law, the report of a rule entitled ‘‘31 EC–2283. A communication from the Chair- mitting, pursuant to law, the report of a rule CFR Part 356, Sale and Issue of Marketable man, Parole Commission, Department of entitled ‘‘Bird Ingestion Standards; COR- Book-Entry Treasury Bills, Notes, and Justice, transmitting, pursuant to law, the RECTION’’ ((RIN2120–AF84) (2005–0001)) re- Bonds—Bidder’’ received on May 17, 2005; to Commission’s annual report for the year ceived on May 18, 2005; to the Committee on the Committee on Banking, Housing, and 2004; to the Committee on Homeland Secu- Commerce, Science, and Transportation. Urban Affairs. rity and Governmental Affairs. EC–2263. A communication from the Pro- EC–2273. A communication from the Chief EC–2284. A communication from the Acting gram Analyst, Federal Aviation Administra- Counsel, Bureau of the Public Debt, Depart- Director, Office of General Counsel and tion, Department of Transportation, trans- ment of the Treasury, transmitting, pursu- Legal Policy, Office of Government Ethics,

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5531 transmitting, pursuant to law, the report of President publishes in the Federal EXECUTIVE REPORT OF a rule entitled ‘‘Technical Updating Amend- Reqister and transmits to the Congress COMMITTEE ments to Executive Branch Financial Disclo- a notice stating that the emergency is The following executive report of sure and Standards of Ethical Conduct Regu- to continue in effect beyond the anni- lations’’ ((RIN3209–AA00) and (RIN3209– committee was submitted on Wednes- AA04)) received on May 17, 2005; to the Com- versary date. In accordance with this day, May 18, 2005: mittee on Homeland Security and Govern- provision, I have sent the enclosed no- By Mr. ENZI for the Committee on Health, mental Affairs. tice to the Federal Reqister for publica- Education, Labor, and Pensions. EC–2285. A communication from the Acting tion. This notice states that the na- * Raymond Simon, of Arkansas, to be Dep- Director, Strategic Human Resources Policy tional emergency declared in Executive uty Secretary of Education. Division, Office of Personnel Management, Order 13303 of May 22, 2003, as expanded * Nomination was reported with rec- transmitting, pursuant to law, the report of in scope by Executive Order 13315 of ommendation that it be confirmed sub- a rule entitled ‘‘Absence and Leave’’ August 28, 2003, modified in Executive (RIN3206–AK80) received on May 17, 2005; to ject to the nominee’s commitment to the Committee on Homeland Security and Order 13350 of July 29, 2004, and further respond to requests to appear and tes- Governmental Affairs. modified in Executive Order 13364 of tify before any duly constituted com- EC–2286. A communication from the Acting November 29, 2004, is to continue in ef- mittee of the Senate. Director, Strategic Human Resources Policy fect beyond May 22, 2005. The most re- f Division, Office of Personnel Management, cent notice continuing this emergency INTRODUCTION OF BILLS AND transmitting, pursuant to law, the report of was published in the Federal Reqister on JOINT RESOLUTIONS a rule entitled ‘‘Employment of Relatives’’ May 21, 2004 (69 FR 29409). (RIN3206–AK03) received on May 17, 2005; to The threats of attachment or other The following bills and joint resolu- the Committee on Homeland Security and tions were introduced, read the first Governmental Affairs. judicial process against (i) the Develop- EC–2287. A communication from the Acting ment Fund for Iraq, (ii) Iraqi petro- and second times by unanimous con- Director, Strategic Human Resources Policy leum and petroleum products, and in- sent, and referred as indicated: Division, Office of Personnel Management, terests therein, and proceeds, obliga- By Mrs. LINCOLN (for herself and Mr. transmitting, pursuant to law, the report of tions, or any financial instruments of TALENT): a rule entitled ‘‘Final Regulations on Com- any nature whatsoever arising from or S. 1076. A bill to amend the Internal Rev- putation of Pay for Biweekly Pay Periods’’ related to the sale or marketing there- enue Code of 1986 to extend the excise tax (RIN3206–AK62) received on May 17, 2005; to and income tax credits for the production of the Committee on Homeland Security and of, or (iii) any accounts, assets, invest- biodiesel; to the Committee on Finance. Governmental Affairs. ments, or any other property of any By Mrs. LINCOLN: EC–2288. A communication from the Acting kind owned by, belonging to, or held S. 1077. A bill to amend the Internal Rev- Assistant Secretary, Legislative Affairs, De- by, on behalf of, or otherwise for the enue Code of 1986 to provide a renewable liq- partment of State, transmitting, pursuant to Central Bank of Iraq create obstacles uid fuels tax credit, and for other purposes; law, a Certification to Congress Regarding to the orderly reconstruction of Iraq, to the Committee on Finance. the Incidental Capture of Sea Turtles in By Mrs. LINCOLN: the restoration and maintenance of S. 1078. A bill to amend the Internal Rev- Commercial Shrimping Operations; to the peace and security in the country, and Committee on Finance. enue Code of 1986 to expand and extend the EC–2289. A communication from the Acting the development of political, adminis- renewable resource credit and nonconven- Chief, Publications and Regulations Branch, trative, and economic institutions in tional source credit for landfill gas facilities; Internal Revenue Service, Department of the Iraq. Accordingly, these obstacles con- to the Committee on Finance. Treasury, transmitting, pursuant to law, the tinue to pose an unusual and extraor- By Mrs. LINCOLN: report of a rule entitled ‘‘Bureau of Labor dinary threat to the national security S. 1079. A bill to amend the Internal Rev- Statistics Price Indexes for Department and foreign policy of the United States. enue Code of 1986 to expand and extend the Stores—March 2005’’ (Rev. Rul. 2005–34) re- renewable resource credit for trash combus- For these reasons, I have determined tion facilities; to the Committee on Finance. ceived on May 18, 2005; to the Committee on that it is necessary to continue the na- Finance. By Mr. JEFFORDS (for himself, Mr. EC–2290. A communication from the Acting tional emergency protecting the Devel- LAUTENBERG, Mrs. BOXER, and Mr. Chief, Publications and Regulations Branch, opment Fund for Iraq, certain other LIEBERMAN): Internal Revenue Service, Department of the property in which Iraq has an interest, S. 1080. A bill to amend the Safe Drinking Treasury, transmitting, pursuant to law, the and the Central Bank of Iraq, and to Water Act to require the use of nontoxic report of a rule entitled ‘‘Time for Per- maintain in force the sanctions to re- products in the case of hydraulic fracturing that occurs during oil or natural gas produc- forming Certain Acts Postponed by Reason spond to this threat. of Service in a Combat Zone or a Presi- tion activities; to the Committee on Envi- GEORGE W. BUSH. dentially Declared Disaster’’ (Rev. Proc. ronment and Public Works. THE WHITE HOUSE, May 19, 2005. 2005–27) received on May 18, 2005; to the Com- By Mr. KYL (for himself, Ms. STABE- mittee on Finance. NOW, Mr. CORZINE, and Mr. TALENT): f S. 1081. A bill to amend title XVIII of the f Social Security Act to provide for a min- REPORT OF THE CONTINUATION 2005 COMPREHENSIVE REPORT ON imum update for physicians’ services for 2006 OF THE NATIONAL EMERGENCY U.S. TRADE AND INVESTMENT and 2007; to the Committee on Finance. PROTECTING THE DEVELOPMENT POLICY FOR SUB-SAHARAN AFRI- By Mrs. HUTCHISON (for herself, Mr. ALLARD, Mr. ALLEN, Mr. BAUCUS, Mr. FUND FOR IRAQ AND CERTAIN CA AND IMPLEMENTATION OF BOND, Mr. BUNNING, Mr. BURNS, Mr. OTHER PROPERTY IN WHICH THE AFRICAN GROWTH AND OP- BURR, Mr. CHAMBLISS, Mr. COBURN, IRAQ HAS AN INTEREST, AND PORTUNITY ACT—PM 12 Mr. CORNYN, Mr. CRAIG, Mr. CRAPO, THE CENTRAL BANK OF IRAQ, The PRESIDING OFFICER laid be- Mr. ENSIGN, Mr. ENZI, Mr. HAGEL, Mr. AND TO MAINTAIN IN FORCE fore the Senate the following message HATCH , Mr. INHOFE, Mr. ISAKSON, Mr. KYL, Mr. LOTT, Ms. MURKOWSKI, Mr. THE SANCTIONS TO RESPOND TO from the President of the United THIS THREAT—PM 11 NELSON of Nebraska, Mr. SESSIONS, States, together with an accompanying Mr. SUNUNU, Mr. TALENT, Mr. THUNE, The PRESIDING OFFICER laid be- report; which was referred to the Com- Mr. VITTER, Mr. SHELBY, Mr. DEMINT, fore the Senate the following message mittee on Finance. and Mr. THOMAS): from the President of the United S. 1082. A bill to restore Second Amend- To the Congress of the United States: States, together with an accompanying ment rights in the District of Columbia; to Consistent with title I of the Trade report; which was referred to the Com- the Committee on Homeland Security and and Development Act of 2000, I am pro- mittee on Banking, Housing, and Governmental Affairs. viding a report prepared by my Admin- By Mr. HARKIN: Urban Affairs. istration, the ‘‘2005 Comprehensive Re- S. 1083. A bill to provide coverage under To the Congress of the United States: port on U.S. Trade and Investment Pol- the Railway Labor Act to employees of cer- Section 202(d) of the National Emer- tain air and surface transportation entities; icy Toward Sub-Saharan Africa and to the Committee on Health, Education, gencies Act (50 U.S.C. 1622(d)) provides Implementation of the African Growth Labor, and Pensions. for the automatic termination of a na- and Opportunity Act.’’ By Mr. KENNEDY: tional emergency unless, prior to the GEORGE W. BUSH. S. 1084. A bill to eliminate child poverty, anniversary date of its declaration, the THE WHITE HOUSE, May 19, 2005. and for other purposes; read the first time.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5532 CONGRESSIONAL RECORD — SENATE May 19, 2005 By Mr. KENNEDY (for himself, Mr. requirement for the reduction of cer- S. 1010 DURBIN, Ms. MIKULSKI, Mrs. MURRAY, tain Survivor Benefit Plan annuities At the request of Mr. SANTORUM, the Mr. HARKIN, Mr. DODD, Mr. LAUTEN- by the amount of dependency and in- names of the Senator from New Jersey BERG, Mr. CORZINE, Mr. AKAKA, Mrs. demnity compensation and to modify (Mr. CORZINE) and the Senator from BOXER, Mr. FEINGOLD, Mr. SCHUMER, ALAZAR and Mr. DAYTON): the effective date for paid-up coverage Colorado (Mr. S ) were added as S. 1085. A bill to provide for paid sick leave under the Survivor Benefit Plan. cosponsors of S. 1010, a bill to amend to ensure that Americans can address their S. 327 title XVIII of the Social Security Act own health needs and the health needs of At the request of Mr. SANTORUM, the to improve patient access to, and utili- their families; read the first time. name of the Senator from Kentucky zation of, the colorectal cancer screen- By Mr. HATCH: (Mr. BUNNING) was added as a cosponsor ing benefit under the Medicare Pro- S. 1086. A bill to improve the national program. gram to register and monitor individuals of S. 327, a bill to amend the Internal who commit crimes against children or sex Revenue Code of 1986 to expand the tip S. 1022 offenses; to the Committee on the Judiciary. credit to certain employers and to pro- At the request of Mrs. LINCOLN, the By Mr. ALEXANDER (for himself and mote tax compliance. names of the Senator from Arkansas Mr. SCHUMER): S. 392 (Mr. PRYOR) and the Senator from S. 1087. A bill to amend section 337 of the At the request of Mr. LEVIN, the Michigan (Ms. STABENOW) were added Immigration and Nationality Act to pre- name of the Senator from Colorado as cosponsors of S. 1022, a bill to amend scribe the oath or affirmation of renunci- the Internal Revenue Code of 1986 to ation and allegiance required to be natural- (Mr. SALAZAR) was added as a cospon- ized as a citizen of the United States; to the sor of S. 392, a bill to authorize the allow for an energy efficient appliance Committee on the Judiciary. President to award a gold medal on be- credit. By Mr. KYL: half of Congress, collectively, to the S. 1064 S. 1088. A bill to establish streamlined pro- Tuskegee Airmen in recognition of At the request of Mr. COCHRAN, the cedures for collateral review of mixed peti- their unique military record, which in- name of the Senator from Louisiana tions, amendments, and defaulted claims, spired revolutionary reform in the (Ms. LANDRIEU) was added as a cospon- and for other purposes; to the Committee on Armed Forces. the Judiciary. sor of S. 1064, a bill to amend the Pub- By Mr. AKAKA (for himself, Mr. COCH- S. 473 lic Health Service Act to improve RAN, and Mr. DODD): At the request of Ms. CANTWELL, the stroke prevention, diagnosis, treat- S. 1089. A bill to establish the National name of the Senator from California ment, and rehabilitation. Foreign Language Coordination Council to (Mrs. BOXER) was added as a cosponsor S. 1068 develop and implement a foreign language of S. 473, a bill to amend the Public At the request of Mrs. DOLE, the strategy, and for other purposes; to the Com- Health Service Act to promote and im- mittee on Health, Education, Labor, and name of the Senator from Montana Pensions. prove the allied health professions. (Mr. BURNS) was added as a cosponsor S. 502 of S. 1068, a bill to provide for higher f At the request of Mr. NELSON of Flor- education affordability, access, and op- SUBMISSION OF CONCURRENT AND ida, his name was added as a cosponsor portunity. SENATE RESOLUTIONS of S. 502, a bill to revitalize rural S.J. RES. 12 The following concurrent resolutions America and rebuild main street, and At the request of Mr. HATCH, the and Senate resolutions were read, and for other purposes. name of the Senator from New Hamp- referred (or acted upon), as indicated: S. 665 shire (Mr. SUNUNU) was added as a co- By Ms. SNOWE (for herself and Mr. At the request of Mr. DORGAN, the sponsor of S.J. Res. 12, a joint resolu- SARBANES): name of the Senator from New York tion proposing an amendment to the S. Res. 149. A resolution honoring the life (Mrs. CLINTON) was added as a cospon- Constitution of the United States au- and contributions of His Eminence, Arch- sor of S. 665, a bill to reauthorize and thorizing Congress to prohibit the bishop Iakovos, former archbishop of the improve the Spark M. Matsunaga Hy- physical desecration of the flag of the Greek Orthodox Archdiocese of North and South America; to the Committee on the Ju- drogen Research, Development, and United States. diciary. Demonstration Act of 1990 to establish S.J. RES. 18 By Mr. DURBIN (for himself, Mr. a program to commercialize hydrogen At the request of Mrs. FEINSTEIN, the SMITH, and Mr. MARTINEZ): and fuel cell technology, and for other names of the Senator from New Mexico S. Res. 150. A resolution expressing contin- purposes. (Mr. BINGAMAN) and the Senator from ued support for the construction of the Vic- S. 671 Massachusetts (Mr. KERRY) were added tims of Communism Memorial; considered and agreed to. At the request of Mr. LIEBERMAN, the as cosponsors of S.J. Res. 18, a joint By Mr. FRIST (for himself, Mr. REID, name of the Senator from New York resolution approving the renewal of im- Mr. MARTINEZ, Mr. LAUTENBERG, Mr. (Mrs. CLINTON) was added as a cospon- port restrictions contained in the Bur- INHOFE, Mr. LIEBERMAN, and Mrs. sor of S. 671, a bill to amend the Inter- mese Freedom and Democracy Act of DOLE): nal Revenue Code of 1986 to allow a 2003. S. Res. 151. A resolution recognizing the credit against income tax for certain S. CON. RES. 11 57th Anniversary of the Independence of the fuel cell property. State of Israel; considered and agreed to. At the request of Mr. SESSIONS, the S. 914 By Mr. SMITH (for himself, Mrs. FEIN- name of the Senator from New York STEIN, and Mr. DURBIN): At the request of Mr. ALLARD, the (Mrs. CLINTON) was added as a cospon- S. Con. Res. 35. A concurrent resolution ex- name of the Senator from South Da- sor of S. Con. Res. 11, a concurrent res- pressing the sense of Congress that the Gov- kota (Mr. JOHNSON) was added as a co- olution honoring the Tuskegee Airmen ernment of the Russian Federation should sponsor of S. 914, a bill to amend the for their bravery in fighting for our issue a clear and unambiguous statement of Public Health Service Act to establish freedom in World War II, and for their admission and condemnation of the illegal a competitive grant program to build contribution in creating an integrated occupation and annexation by the Soviet Union from 1940 to 1991 of the Baltic coun- capacity in veterinary medical edu- United States Air Force. tries of Estonia, Latvia, and Lithuania; con- cation and expand the workforce of AMENDMENT NO. 762 sidered and agreed to. veterinarians engaged in public health At the request of Mr. NELSON of Flor- f practice and biomedical research. ida, the name of the Senator from Flor- S. 988 ida (Mr. MARTINEZ) was added as a co- ADDITIONAL COSPONSORS At the request of Mr. SESSIONS, the sponsor of amendment No. 762 intended S. 185 names of the Senator from North Caro- to be proposed to S. 1042, an original At the request of Mr. NELSON of Flor- lina (Mr. BURR) and the Senator from bill to authorize appropriations for fis- ida, the name of the Senator from Flor- South Carolina (Mr. DEMINT) were cal year 2006 for military activities of ida (Mr. MARTINEZ) was added as a co- added as cosponsors of S. 988, a bill to the Department of Defense, for mili- sponsor of S. 185, a bill to amend title permanently repeal the estate and gen- tary construction, and for defense ac- 10, United States Code, to repeal the eration-skipping transfer taxes. tivities of the Department of Energy,

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5533 to prescribe personnel strengths for diesel while providing superior lubric- later know as Encana, the company such fiscal year for the Armed Forces, ity. It significantly reduces emissions that owned the well near her home. It and for other purposes. of carbon monoxide, particulate mat- took this long until her water appeared f ter, unburned hydrocarbons and sul- normal again. Laura and her family fates. On a lifecycle basis, biodiesel re- drank from this well over the next cou- STATEMENTS ON INTRODUCED duces carbon dioxide emissions by 78 ple of years. It was then that Laura de- BILLS AND JOINT RESOLUTIONS percent compared to petroleum diesel. veloped a rare adrenal-gland tumor. By Mrs. LINCOLN (for herself In other words, biodiesel is good for During this time, Laura began actively and Mr. TALENT): your car and the environment. investigating the chemicals used dur- S. 1076. A bill to amend the Internal Additionally, this new value added ing the hydraulic fracturing of a well Revenue Code of 1986 to extend the ex- market for soybeans brings jobs to our near her home. She learned about a cise tax and income tax credits for the economy and benefits to farmers. chemical called 2–BE, which was later production of biodiesel; to the Com- Based on the USDA baseline estimates linked to adrenal-gland tumors in ro- mittee on Finance. for future soybean production, over a dents. Mr. TALENT. Mr. President, today five year time period the biodiesel tax Litigation over the last several years Senator LINCOLN and I introduce legis- incentive could add almost $1 billion has resulted in findings that hydraulic lation to extend the current excise tax directly to the bottom line of U.S. farm fracturing should be regulated as part credit for biodiesel through 2010. This income. In addition, the provisions will of the underground injection control tax credit brings great benefits to our significantly benefit the U.S. economy program in the Safe Drinking Water nation’s economy and environment and could increase U.S. gross output by Act. Yet, EPA indicates in writing that while at the same time reducing our almost $7 billion. they have no intention of publishing dependence on foreign oil. I want to thank Senator LINCOLN and regulations to that effect or ensuring Biodiesel is a cleaner burning alter- Senator GRASSLEY for their leadership that state programs adequately regu- native to petroleum-based diesel, and on this important issue. We need to late hydraulic fracturing. it is made from renewable resources prevent this tax credit from expiring. I ask unanimous consent that a se- like soybeans and other natural fats It is expected to increase biodiesel de- ries of letters to EPA and their re- and oils, grown here in the United mand from an estimated 30 million gal- sponses dated October 14, 2004 and De- States. It works in any diesel engine lons in fiscal year 2004 to at least 124 cember 7, 2004, be inserted in the with few or no modifications. It can be million gallons per year, based on a RECORD. used in its pure form (B100), or blended U.S. Department of Agriculture study. In June of 2004, an EPA study on hy- with petroleum diesel at a level—most draulic fracturing identified diesel as a By Mr. JEFFORDS (for himself, commonly 20 percent (B20). Soybean ‘‘constituent of potential concern.’’ Mr. LAUTENBERG, Mrs. BOXER, farmers in Missouri and across the Na- Prior to this, EPA had entered into a and Mr. LIEBERMAN): tion have invested millions of dollars Memorandum of Agreement with three S. 1080. A bill to amend the Safe of the major hydraulic fracturing cor- to build a strong and viable biodiesel Drinking Water Act to require the use industry. porations, whom all voluntarily agreed of nontoxic products in the case of hy- to ban the use of diesel, and if nec- In last years JOBS bill, we created an draulic fracturing that occurs during excise tax credit for biodiesel; a $1/gal- essary select replacements that will oil or natural gas production activities; not cause hydraulic fracturing fluids to lon credit for biodiesel produced from to the Committee on Environment and virgin oils, and a $0.50/gallon credit for endanger underground sources of Public Works. drinking water. However, all parties biodiesel produced from yellow grease Mr. JEFFORDS. Mr. President, I or recycled cooking oil. This important acknowledged that only technically would like to thank Senators LAUTEN- feasible and cost-effective actions to tax credit is set to expire in less than BERG, BOXER, and LIEBERMAN for work- 2 years. It is imperative that we extend provide alternatives will be sought. ing with me to introduce this impor- Hydraulic fracturing needs to be reg- this incentive that is expected to in- tant legislation, the Hydraulic Frac- ulated under the Safe Drinking Water crease domestic energy security, re- turing Safety Act of 2005. Act and it has got to start now. It is duce pollution and stimulate the econ- Over half of our Nation’s fresh drink- unconscionable to allow the oil and gas omy. ing water comes from underground industry to pump toxic fluids into the I certainly would prefer to fill up my sources. The process of hydraulic frac- ground. tank with a clean burning fuel grown turing threatens our drinking water My bill, the Hydraulic Fracturing by farmers in our Nation’s heartland supplies. Hydraulic fracturing occurs Safety Act of 2005, clarifies once and instead of petroleum imported from when fluids are injected at high rates for all that hydraulic fracturing is part the Saudis. Our farmers pose no secu- of speed into rock beds to fracture of the Underground Injection Control rity risks. I’m not alone in this pref- them and allow easier harvesting of Program regulated under the Safe erence. More than 400 major fleets use natural oils and gases. It is these injec- Drinking Water Act. biodiesel commercially nationwide. tion fluids that are of high concern. This legislation also bans the use of About 300 retail filling stations make In a recent report, the EPA acknowl- diesel and other toxic pollutants for oil biodiesel available to the public, and edged that these fluids, many of them and natural gas exploration. more than 1,000 petroleum distributors toxic and harmful to people, are Last1y, this legislation requires EPA carry it nationwide. pumped directly into or near under- to ensure that States adequately regu- I am pleased that we will soon have a ground sources of drinking water. This late hydraulic fracturing activities in biodiesel plant in Missouri. Missouri same report cited earlier studies that all States to ensure that companies Soybean Association and Mid-America indicated that only 61 percent of these area adhering to our Nation’s laws and Biofuels LLC recently announced plans fluids are recovered after the process is conducting business in a manner safe to build a biodiesel plant in Mexico, complete. This leaves 39 percent of for all Americans. MO. The plant is expected to produce 30 these fluids in the ground, risking con- We need to do the right thing, and million gallons of biodiesel annually. tamination of our drinking water. take action now to protect our Na- There is strong support for this endeav- Let me share with you the story of tion’s drinking water supply. Accord- or and they have exhibited exceptional Laura Amos, a resident of Colorado ing to the oil and gas industry, 90 per- leadership by bringing this plant to who suffers from ill health effects cent our oil and gas wells will be Missouri. I look forward to working today. In May of 2001, while an oil and accessed through hydraulic fracturing. with them. gas well was being hydraulically frac- Congress and the EPA have to work to- As I’ve said before, biodiesel is a fuel tured near her home, the metal top of gether to provide a consistent and safe of the future that we can use today. It her drinking well exploded into the air. supply of drinking water for all Ameri- is nontoxic, biodegradable and essen- At the same time, her water became cans. tially free of sulfur and aromatics. Bio- bubbly and developed a horrible odor. I ask unanimous consent that the diesel offers similar fuel economy, For three months, she was provided text of the bill be printed in the horsepower and torque to petroleum alternate drinking water by Ballard, RECORD.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5534 CONGRESSIONAL RECORD — SENATE May 19, 2005 There being no objection, the mate- not contain most of the chemicals identified. availability of BTEX. Please elaborate on rial was ordered to be printed in the This conclusion is based on two items—‘‘con- the data EPA collected and the observations RECORD, as follows: versations with field engineers’’ and ‘‘wit- the Agency made in the field that would sup- nessing three separate fracturing events’’ port the conclusion that the 39 percent of U.S. SENATE, COMMITTEE ON ENVI- (June 2004 EPA Study, p. 4–17.) fluids remaining in the ground (1991 Palmer), RONMENT AND PUBLIC WORKS, a. How did the Agency select particular should they contain BTEX compounds, Washington, DC, October 14, 2004. field engineers with whom to converse on would not be present in sufficient concentra- Administrator MICHAEL O. LEAVITT, this subject? tions to adversely affect underground Environmental Protection Agency, Ariel Rios b. Please provide a transcript of the con- sources of drinking water. Building, Washington, DC. versations with field engineers, including the We are also concerned that the EPA re- DEAR ADMINISTRATOR LEAVITT: We are companies or consulting firms with which sponse to the court remand leaves several writing to you regarding the Environmental they were affiliated. unanswered questions. The Court decision Protection Agency’s (EPA’s) administration c. How did the Agency select the three sep- found that hydraulic fracturing wells ‘‘fit of the Safe Drinking Water Act (SDWA) as it arate fracturing events to witness? squarely within the definition of Class II pertains to hydraulic fracturing. In recent d. Were those events representative of the wells.’’ (LEAF II, 276 F.3d at 1263), and re- months, the Agency has taken several key different site-specific characteristics ref- manded back to EPA to determine if the Ala- actions on this issue: erenced in the June 2004 study (June 2004 bama underground injection control program On December 12, 2003, the EPA signed a EPA Study, p. 4–19) as determining factors in under section 1425 complies with Class II well Memorandum of Understanding with three of the types of hydraulic fracturing fluids that requirements. On July 15, 2004, EPA pub- the largest service companies representing 95 will be used? percent of all hydraulic fracturing performed lished its finding in the Federal Register e. Which companies were observed? that the Alabama program complies with the in the U.S. These three companies, Halli- f. Was prior notice given of the planned burton Energy Services, Inc., Schlumberger requirements of the 1425 Class II well re- witnessing of these events? Technology Corporation, and BJ Services quirements. (69 FR No. 135, pp 42341.) Accord- g. What percentage of the annual number ing to EPA, Alabama is the only state that Company, voluntarily agreed not to use die- of hydraulic fracturing events that occur in sel fuel in their hydraulic fracturing fluids has a program specifically for hydraulic frac- the United States does ‘‘3’’ represent? while injecting into underground sources of turing approved under section 1425. Based on h. Finally, please explain why the Material this analysis, it seems that in order to com- water for coalbed methane production. Safety Data Sheets for the fluids identified In June of 2004, EPA completed its study ply with the Court’s finding that hydraulic as potentially being used in hydraulic frac- on hydraulic fracturing impacts and released fracturing is a part of the Class II well defi- turing list component chemicals that the its findings in a report entitled, ‘‘Evaluation nition, the remaining states should be using of Impacts to Underground Sources of Drink- EPA does not believe are present. their existing Class II, EPA-approved pro- The Agency concludes in the June 2004 ing Water by Hydraulic Fracturing of Coal- grams, under 1422 or 1425, to regulate hydrau- study that even if these chemicals are bed Methane Reservoirs. The report con- lic fracturing. cluded that hydraulic fracturing poses little present, they are not present in sufficient To date, EPA has approved Underground chance of contaminating underground concentrations to cause harm. The Agency Injection Control programs in 34 states. Ap- sources of drinking water and that no fur- bases this conclusion on assumed flowback, proval dates range from 1981–1996. ther study was needed. dilution and dispersion, adsorption and en- 5. Do you plan to conduct a national sur- On July 15, 2004, the EPA published in the trapment, and biodegradation. The June 2004 vey or review to determine whether state Federal Register its final response to the study repeatedly cites the 1991 Palmer study, Class II programs adequately regulate hy- court remand (Legal Environmental Assistance ‘‘Comparison between gel-fracture and draulic fracturing? Foundation (LEAF), Inc., v. United States En- water-fracture stimulations in the Black At the time that these programs were ap- vironmental Protection Agency, 276 F. 3d 1253). Warrior basin; Proceedings 1991 Coalbed proved, the standards against which state The Agency determined that the Alabama Methane Symposium,’’ which found that Class II programs were evaluated did not in- underground injection control (UIC) program only 61 percent of the fluid injected during clude any minimum requirements for hy- for hydraulic fracturing, approved by EPA hydraulic fracturing is recovered. Please ex- draulic fracturing. In its January 19, 2000 no- under section 1425 of the SDWA, complies plain what data EPA collected and what ob- tice of EPA’s approval of Alabama’s 1425 pro- with Class II well requirements. servations the Agency made in the field that gram, the Agency stated, ‘‘When the regula- We are concerned that the Agency’s execu- would support the conclusion that the 39 per- tions in 40 CFR parts 144 and 146, including tion of the SDWA, as it applies to hydraulic cent of fluids remaining in the ground are the well classifications, were promulgated, it fracturing, may not be providing adequate not present in sufficient concentrations to was not EPA’s intent to regulate hydraulic public health protection, consistent with the adversely affect underground sources of fracturing of coal beds. Accordingly, the well goals of the statute. drinking water. classification systems found in 40 CFR 144.6 First, we have questions regarding the in- After identifying BTEX compounds as the and 146.5 do not expressly include hydraulic formation presented in the June 2004 EPA major constituent of concern (June 2004 EPA fracturing injection activities. Also, the var- Study and the conclusion to forego national study, page 4–15), the Agency entered into ious permitting, construction and other re- regulations on hydraulic fracturing in favor the MOU described above as its mechanism quirements found in Parts 144 and 146 do not of an MOU limited to diesel fuel. In the June to eliminate diesel fuel from hydraulic frac- specifically address hydraulic fracturing.’’ 2004 EPA Study, EPA identifies the charac- turing fluids. (65 FR No. 12, p. 2892.) teristics of the chemicals found in hydraulic 3. a. How does the Agency plan to enforce Further, EPA acknowledges that there can fracturing fluids, according to their Material the provisions in the MOU and ensure that be significant differences between hydraulic Safety Data Sheets (MSDSs), identifies its terms are met? fracturing and standard activities addressed harmful effects ranging from eye, skin, and b. For example, will the Agency conduct by state Class II programs. In the January respiratory irritation to carcinogenic ef- independent monitoring of hydraulic frac- 19, 2000 Federal Register notice, the Agency fects. EPA determines that the presence of turing processes in the field to ensure that states: . . . since the injection of fracture these chemicals does not warrant EPA regu- diesel fuel is not used? fluids through these wells is often a one-time lation for several reasons. First, EPA states c. Will the Agency require states to mon- exercise of extremely limited duration (frac- that none of these chemicals, other than itor for diesel use as part of their Class II ture injections generally last no more than BTEX compounds, are already regulated UIC Programs? two hours) ancillary to the well’s principal under the SDWA or are on the Agency’s draft 4. a. Should the Agency become aware of function of producing methane, it did not Contaminant Candidate List (CCL). Second, an unreported return to the use of diesel fuel seem entirely appropriate to ascribe Class II the Agency states that it does not believe in hydraulic fracturing by one of the parties status to such wells, for all regulatory pur- that these chemicals are present in hydrau- to the MOU, what recourse is available to poses, merely due to the fact that, prior to lic fracturing fluids used for coalbed meth- EPA under the terms of the MOU? commencing production, they had been frac- ane, and third, that if they are used, they are b. What action does the Agency plan to tured.’’ (65 FR No. 12, p. 2892.) not introduced in sufficient concentrations take should such a situation occur? Although hydraulic fracturing falls under to cause harm. These conclusions raise sev- c. Why did EPA choose to use an MOU as the Class II definition, the Agency has ac- eral questions: opposed to a regulatory approach to achieve knowledged that hydraulic fracturing is dif- 1. The data presented in the June 2004 EPA the goal of eliminating diesel fuel in hydrau- ferent than most of the activities that occur study identifies potential harmful effects lic fracturing? under Class II and that there are no national from the chemicals listed by the Agency in d. What revisions were made to the June regulations or standards on how to regulate this report. Has the Agency or does the 2004 EPA study between the December 2003 hydraulic fracturing. Agency plan to incorporate the results of adoption of the MOU and the 2004 release of 6. In light of the Court decision and the this study and the fact that these chemicals the study? Which of those changes dealt spe- Agency’s July 2004 response to the Court re- are present in hydraulic fracturing agents cifically with the use and effects of diesel mand, did the Agency consider establishing into the CCL development process, and if fuel in hydraulic fracturing? national regulations or standards for hy- not, why not? e. The Agency also states that it expects draulic fracturing or minimum requirements 2. In the June 2004 EPA study, the Agency that even if diesel were used, a number of for hydraulic fracturing regulations under concludes that hydraulic fracturing fluids do factors would decrease the concentration and state Class II programs?

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5535 7. a. If so, please provide a detailed descrip- Water by Hydraulic Fracturing of Coalbed tained in all such fluids. Each fracturing pro- tion of your consideration of establishing Methane Reservoirs, is the most comprehen- cedure may be site specific or basin specific these regulations or standards and the ra- sive review of the subject matter to date. and fluids used may depend on the site geol- tionale for not pursuing them. The Agency did not recommend additional ogy, the stratigraphy, (i.e., type of coal for- b. Do you plan to establish such regula- study at this time due to the study’s conclu- mation), depth of the formation, and the tions or standards in the future? sion that the potential threat to USDWs number of coal beds for each fracture oper- c. If not, what standards will be used as the posed by hydraulic fracturing of coalbed ation. The Agency’s study did not develop standard of measurement for compliance for methane wells is low. However, the Adminis- new information related to potential health hydraulic fracturing under state Class II pro- trator retains the authority under the Safe effects from these chemicals; it merely re- grams? Drinking Water Act (SDWA) section 1431 to ported those potential health effects indi- We appreciate your timely response to take appropriate action to address any im- cated on the Material Safety Data Sheet these questions in reaction to the three re- minent and substantial endangerment to (MSDS) or other information we obtained cent actions taken by the EPA in relation to public health caused by hydraulic fracturing. from the service companies. hydraulic fracturing—the adoption of the During the course of the study, EPA could As noted in the final report, ‘‘Contami- MOU, the release of the final study, and the not identify any confirmed cases where nants on the CCL are known or anticipated response to the Court remand. Clean and safe drinking water was contaminated by hydrau- to occur in public water systems . . .’’ The drinking water is one of our nation’s great- lic fracturing fluids associated with coalbed extent to which the contaminants identified est assets, and we believe we must do all we methane production. We did uncover a poten- in fracturing fluids are part of the next CCL can to continue to protect public health. tial threat to USDWs through the use of die- process will depend upon whether they meet Thank you again for your response. sel fuel as a constituent of fracturing fluids this test. Sincerely, where coalbeds are co-located with a USDW. 2. In the June 2004 EPA study, the Agency JIM JEFFORDS. We reduced that risk by signing and imple- concludes that hydraulic fracturing fluids do not contain most of the chemicals identified. BARBARA BOXER. menting the December 2003 Memorandum of This conclusion is based on two items—‘‘con- Agreement (MOA) with three major service versations with field engineers’’ and ‘‘wit- UNITED STATES ENVIRONMENTAL companies that carry out the bulk of coalbed PROTECTION AGENCY, nessing three separate fracturing events’’. methane hydraulic fracturing activities a. How did the agency select particular Washington, DC, December 7, 2004. throughout the country. This past summer Hon. JIM JEFFORDS, field engineers with whom to converse on we confirmed that the companies are car- this subject? U.S. Senate, rying out the MOA and view the completion Washington, DC. The Agency did not ‘‘select’’ any of the en- of this agreement as a success story in pro- gineers; we talked with the engineers who DEAR SENATOR JEFFORDS: Thank you for tecting USDWs. your letter to Administrator Michael happened to be present at the field oper- In your letter, you asked about the Agen- ations. In general those were engineers from Leavitt, dated October 14, 2004, concerning cy’s actions with respect to hydraulic frac- the recent actions that the Environmental the coalbed methane companies and the turing in light of LEAF v. EPA. In this case, service companies who conducted the actual Protection Agency (EPA) has taken in im- the Eleventh Circuit held that the hydraulic plementing the Underground Injection Con- hydraulic fracturing. When we scheduled to fracturing of coalbed seams in Alabama to witness the events, we usually conversed trol (UIC) program with respect to hydraulic produce methane gas was ‘‘underground in- fracturing associated with coalbed methane with the production company engineer to ar- jection’’ for purposes of the SDWA and range the logistics and only spoke with the wells. EPA’s UIC program. Following that decision, The Office of Ground Water and Drinking field engineers from the service companies at Alabama developed—and EPA approved—a Water (OGWDW) has prepared specific re- the well site. revised UIC program to protect USDWs dur- b. Please provide a transcript of the con- sponses to your technical and policy ques- ing the hydraulic fracturing of coalbeds. The versations with field engineers, including the tions regarding how we conducted the hy- Eleventh Circuit ultimately affirmed EPA’s companies or consulting firms with which draulic fracturing study, the reasons behind approval of Alabama’s revised UIC program. they were affiliated. our decisions pertaining to the recommenda- In administering the UIC program, the EPA did not prepare a word-for-word tran- tions contained in the study, and any plans Agency believes it is sound policy to focus script of conversations with engineers. or thoughts we may have on the likelihood its attention on addressing those wells that c. How did the Agency select the three sep- for future investigation, regulation, or guid- pose the greatest risk to USDWs. Since 1999, arate fracturing events to witness? ance concerning such hydraulic fracturing. our focus has been on reducing risk from The events selected were dependent on the Since the inception of the UIC program, shallow Class V injection wells. EPA esti- location of the fracturing events, the sched- EPA has implemented the program to ensure mates that there are more than 500,000 of ules of both EPA OGWDW staff and EPA Re- that public health is protected by preventing these wells throughout the country. The gional staff to witness the event, and the endangerment of underground sources of wastes injected into them include, in part, preparation time to procure funding and au- drinking water (USDWs). The Agency has storm water runoff, agricultural effluent, thorization for travel EPA witnessed the 3 placed a priority on understanding the risks and untreated sanitary wastes. The Agency events because the planning and scheduling posed by different types of UIC wells, and and States are increasing actions to address of these happened to work for all parties. In worked to ensure that appropriate regu- these wells in order to make the best use of one event, only EPA HQ staff witnessed the latory actions are taken where specific types existing resources. procedure, in another event only EPA Re- of wells may pose a significant risk to drink- EPA remains committed to ensuring that gional staff witnessed it, and in one event, ing water sources. In 1999, in response to con- drinking water is protected. I look forward both EPA HQ and Regional staff attended cerns raised by Congress and other stake- to working with Congress to respond to any with DOE staff. holders about issues associated with the additional questions, or the concerns that d. Were those events representative of the practice of hydraulic fracturing of coalbed Members of Congress or their constituents different site-specific characteristics ref- methane wells in the State of Alabama, EPA may have. If you have further comments or erenced in the June 2004 study (p. 4–19)’’ as initiated a study to better understand the questions, please contact me, or your staff determining factors in the types of hydraulic impacts of the practice. fracturing fluids that will be used? EPA worked to ensure that its study, may contact Steven Kinberg of the Office of Congressional and Intergovernmental Rela- Budget limitations precluded visits to each which was focused on evaluating the poten- of the 11 different major coal basins in the tial threat posed to USDWs by fluids used to tions at (202) 564–5037. Sincerely, U.S. It would have proven to be an expensive hydraulically fracture coalbed methane and time-consuming process to witness oper- wells, was carried out in a transparent fash- BENJAMIN H. GRUMBLES, Acting Assistant Administrator. ations in each of these regions. Additionally, ion. The Agency provided many opportuni- even within the same coal basin there are po- ties to all stakeholders and the general pub- tentially many different types of well con- EPA RESPONSE TO SPECIFIC QUESTIONS lic to review and comment on the Agency figurations, each of which could affect the REGARDING HYDRAULIC FRACTURING study design and the draft study. The study fracturing plan. EPA believed that wit- design was made available for public com- 1. The data presented in the June 2004 EPA nessing events in 3 very different coal basin ment in July 2000, a public meeting was held study identifies potential harmful effects settings—Colorado, Kansas, and south west- in August 2000, public notice of the final from the chemicals listed by the Agency in ern Virginia—would give us an under- study design was provided in the Federal this report. Has the Agency or does the standing of the practice as conducted in dif- Register in September 2000, and the draft Agency plan to incorporate the results of ferent regions of the country. study was noticed in the Federal Register in this study and the fact that these chemicals e. Which companies were observed? August 2002. The draft report was also dis- are present in hydraulic fracturing agents EPA observed a Schlumberger hydraulic tributed to all interested parties and posted into the Contaminant Candidate List (CCL) fracturing operation in the San Juan basin on the internet. The Agency received more development process, and if not, why not? of Colorado, and Halliburton hydraulic frac- than 100 comments from individuals and Although the EPA CBM study found that turing operations in southwest Virginia and other entities. certain chemical constituents could be found Kansas. EPA’s final June 2004 study, Evaluation of in some hydraulic fracturing fluids, EPA f. Was prior notice given of the planned Impacts to Underground Sources of Drinking cannot state categorically that they are con- witnessing of these events?

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5536 CONGRESSIONAL RECORD — SENATE May 19, 2005 Yes, because it would have been very dif- producing states, and coalbed methane pro- tiations between representatives of the serv- ficult to witness the events had they not ducing states, the State Oil and Gas Agency ice companies and high level management in been planned. To plan the visit, EPA needed generally has UIC primary enforcement re- EPA’s Office of Water, a Memorandum of to have prior knowledge of the drilling oper- sponsibility, and the state inspectors are the Agreement (MOA) was drafted and signed by ation, the schedule of the drilling, and the primary field presence for such operations. all parties effective December 24, 2003. scheduling of the services provided by the Second, EPA has a very limited field staff We believe that the MOA mechanism ac- hydraulic fracturing service company. Wells, and in most cases they are engaged in car- complished the intended goal of removing in general, take days to drill (in some cases rying out responsibilities related to Class I, diesel from hydraulic fracturing fluids in a weeks and months depending on depth of the III and V wells in states in which they di- matter of months, whereas proposing a rule well) and the fracturing may take place at a rectly implement the UIC program. EPA to require removal would have taken at least later date depending on the availability of plans to work with several organizations, in- a year or more. the service company and other factors be- cluding the Ground Water Protection Coun- d. What revisions were made to the June yond anyone’s control. cil and the Independent Petroleum Associa- 2004 EPA study between the December 2003 g. What percentage of the annual number tion of America to determine if there are adoption of the MOD and the 2004 release of of hydraulic fracturing events that occur in other smaller companies conducting CBM the study? Which of those changes dealt spe- the United States does ‘‘3’’ represent? hydraulic fracturing with diesel fuel as a cifically with the use and effects of diesel Because of a limited project budget, EPA constituent and will explore the possibility fuel in hydraulic fracturing? During the specified time-frame, EPA fo- did not attempt to attend a representative of including them in the MOA. number of hydraulic fracturing events; that c. Will the Agency require states to mon- cused on making editorial changes to the re- would have been beyond the scope of this itor for diesel use as part of their Class II port and clarifying information relative to Phase I investigation. The primary purpose programs? its qualitative discussion of the mitigating of the site visits was to provide EPA per- Given limited funds for basic national and effects of dilution, dispersion, adsorption, sonnel familiarity with the hydraulic frac- state UIC program requirements, EPA does and biodegradation of residual fluids. With turing process as applied to coalbed methane not have plans to include the states as par- respect to the use and effects of diesel fuel, wells. The visits served to give EPA staff a ties to the MOA or require them to monitor changes in the study primarily focused on in- working-level, field experience on exactly for diesel fuel in hydraulic fracturing fields. cluding language in the text of the report how well-site operations are conducted, how The State of Alabama’s EPA-approved UIC which acknowledged that we had success- the process takes place, the logistics in set- program prohibits the hydraulic fracturing fully negotiated an MOA with the service ting up the operation, and the monitoring of coalbeds in a manner that allows the companies. Specifically. EPA referenced this and verification conducted by the service movement of contaminants into USDWs at agreement in the text of the report in the companies to assure that the fracturing job levels exceeding the drinking water MCLs or Executive Summary at page ES–2 and on page BS–17 and further discussed the MOA in was accomplished effectively and safely. that may adversely affect the health of per- Chapter 7 in the Conclusions Section of the EPA understands that thousands of frac- sons. Current federal regulations do not ex- study. turing events take place annually, for both pressly address or prohibit the use of diesel e. The Agency also states that it expects conventional oil and gas operations and coal- fuel in fracturing fluids, but the SDWA and that even if diesel were used a number of fac- bed methane production, and that three UIC regulations allow States to be more tors would decrease the concentration and events represent an extremely small fraction stringent than the federal UIC program. availability of BTEX. Please elaborate on 4. a. Should the Agency become aware of of that total. the data EPA collected and the observations h. Finally, please explain why the Material an unreported return to the use of diesel fuel the Agency made in the field that would sup- Safety Data Sheets for the fluids identified in hydraulic fracturing by one of the parties port the conclusion that 39% of fluids re- as potentially being used in hydraulic frac- to the MOD, what recourse is available to maining in the ground (1991 Palmer), should turing list component chemicals that the EPA under the terms of the MOD? they contain BTEX compounds would not be There are no terms in the MOA that would EPA does not believe are present. present in sufficient concentrations to ad- In Table 4–1 of the final study, EPA identi- provide EPA a mechanism to take any en- versely affect underground sources of drink- fied the range of fluids and fluid additives forcement action should the Agency become ing water. commonly used in hydraulic fracturing. aware of an unreported return to the use of EPA reiterates that the 39% figure from Some of the fluids and fluid additives may diesel fuel in hydraulic fracturing by one of the 1991 Palmer paper is only one instance contain constituents of potential concern, the parties to the MOA. However, EPA would where it has been documented what quantity however, it is important to note that the in- work closely with the companies to deter- of the hydraulic fracturing fluids injected formation presented in the MSDS is for the mine why such action occurred and discuss into wells will remain behind. Dr. Palmer, pure product. Each of the products listed in possible termination procedures. The agree- who conducted the original research, esti- Table 4–1 is significantly diluted prior to in- ment defines how either party can terminate mated that coalbed methane production jection. The MSDS information we obtained the agreement. EPA would make every effort wells flow back a greater percentage of frac- is not site specific. We reviewed a number of to work with such a company to maintain turing fluids injected during the process. data sheets and we noted that many of them their participation in the agreement. EPA Where formations are dewatered or produced are different, contain different lists of fluids entered the agreement with an assumption for a substantial period of time, greater and additives, and thus we concluded in the that the companies would honor the commit- quantities of formation and fracturing fluids final report that we cannot say whether one ments they have made about diesel use in would presumably be removed. We used 39% specific chemical, or chemicals, is/are hydraulic fracturing fluids. remaining fluids as a ‘‘worst case’’ scenario present at every hydraulic fracturing oper- b. What action does the Agency plan to while doing our qualitative assessment, since ation. take should such a situation occur? it was the only figure we had from research 3. a. How does the Agency plan to enforce If such a situation does happen, and EPA conducted on coalbed methane wells. the provisions in the MOU and ensure that learns that diesel fuel used in hydraulic frac- With respect to the BTEX compounds, we its terms are met? turing fluid may enter a USDW and may no longer believe that they are a concern There is no mechanism to ‘‘enforce’’ a vol- present an imminent and substantial threat owing to the MOA negotiated between EPA untary agreement such as the MOA signed to public health, EPA may issue orders or and the three major service companies. by EPA and the three major service compa- initiate litigation as necessary pursuant to 5. Do you plan to conduct a national sur- nies. The MOA was signed in good faith by SDWA section 1431 to protect public health. veyor survey or review to determine whether senior managers from the three service com- Otherwise, EPA would take the actions de- state Class II programs adequately regulate panies and the Assistant Administrator for scribed under the previous question. hydraulic fracturing? Water, and EPA expects it will be carried c. Why did EPA choose to use an MOU as At this time, EPA has no plans to conduct out. EPA has written all signers of the MOA opposed to a regulatory approach to achieve such a survey or review regarding the ade- and asked if they have implemented the the goal of eliminating diesel fuel in hydrau- quacy of Class II programs in regulating hy- agreement and how will they ensure that lic fracturing? draulic fracturing. In its final study design, diesel fuel is not being used in USDWs. All While the report’s findings did not point to EPA indicated that it would not begin to three have written back to EPA, stating that a significant threat from diesel fuel in hy- evaluate existing state regulations con- they have removed diesel from their CBM draulic fracturing fluids, the Agency be- cerning hydraulic fracturing until it decided fracturing fluids when a USDW is involved lieved that a precautionary approach was ap- to do a Phase III investigation. The Agency, and intend to implement a plan to ensure propriate. EPA chose to work collabo- however, reserves the right to change its po- that such procedures are met. EPA intends ratively with the oil service companies be- sition on this if news information warrants to follow up with the service companies on cause we thought that such an approach such a change. progress in implementing such plans. would work quicker, and be more effective 6. In light of the Court decision and the b. For example, will the Agency conduct than other approaches the Agency might em- Agency’s July 2004 response to the Court re- independent monitoring of hydraulic frac- ploy (i.e. rulemaking, enforcement orders, mand, did the Agency consider establishing turing processes in the field to ensure that etc.). We believed that once the service com- national regulations or standards for hy- diesel fuel is not used? panies became familiar with the issue, they draulic fracturing or minimum requirements It is unlikely that EPA will conduct such would willingly address EPA’s concerns. for hydraulic fracturing regulations under field monitoring. First, in most oil and gas After several months of meetings and nego- Class II programs?

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5537 When State UIC programs were approved tion relating to oil and gas production ac- and start again. My bill is a starting by the Agency—primarily during the early tivities.’’; and point and proposes amounts for an up- 1980s—there was no Eleventh Circuit Court (2) by adding at the end the following: date, but I would really like to see us decision indicating that hydraulic fracturing ‘‘(3) HYDRAULIC FRACTURING.— go all the way back to the drawing was within the definition of ‘‘underground ‘‘(A) IN GENERAL.—In the case of hydraulic injection.’’ Prior to LEAF v. EPA, EPA had fracturing that occurs during the explo- board and answer the fundamental never interpreted the SDWA to cover produc- ration for, or the production of, oil or nat- question of how to pay physicians ap- tion practices, such as hydraulic fracturing. ural gas, a producer of oil or natural gas propriately for their services. After the Court decision in 1997, the Agency shall not use diesel fuel or any other mate- I want doctors to be able to continue began discussions with the State of Alabama rial that the Administrator has listed as a to assist our nation’s seniors, but it is on revising their UIC program to include hy- priority pollutant under the Federal Water unfair to expect them to practice and draulic fracturing. The net result of that Pollution Control Act (33 U.S.C. 1251 et seq.). to have their reimbursement decrease. process was the EPA approval of Alabama’s ‘‘(B) REGULATIONS.—The Administrator Practice expenses, the costs of medical revised section 1425 SDWA UIC program to shall promulgate such regulations as are technology, wages for administrative include specific regulations addressing CBM necessary— hydraulic fracturing. This approval was ‘‘(i) to regulate hydraulic fracturing in ac- and clinical staff, and medical liability signed by the Administrator in December cordance with this subsection; and premiums are all increasing while phy- 1999, and published in the Federal Register in ‘‘(ii) to ensure that State programs under sicians are on track to receive a pay- January 2000. section 1422 or 1425 regulate hydraulic frac- ment decrease. They cannot afford to In light of the Phase I HF study and our turing in accordance with this subsection.’’. continue practicing medicine while re- conclusion that hydraulic fracturing did not ceiving reimbursements that do not present a significant public health risk, we By Mr. KYL (for himself, Ms. allow them to even break even. Many see no reason at this time to pursue a na- STABENOW, Mr. CORZINE, and tional hydraulic fracturing regulation to are retiring early or threatening to Mr. TALENT): limit the number of Medicare patients protect USDWs or the public health. It is S. 1081. A bill to amend title XVIII of also relevant that the three major service they treat. companies have entered into an agreement the Social Security Act to provide for The service of physicians all across with EPA to voluntarily remove diesel fuel a minimum update for physicians’ serv- the country is vital to our seniors. Al- from their fracturing fluids. ices for 2006 and 2007; to the Committee most half a million doctors provide 7. a. If so, please provide a detailed descrip- on Finance. treatment to the 42 million people tion of your consideration of establishing Mr. KYL. Mr. President, I rise today under the Medicare program. Physi- these regulations or standards and the ra- to introduce the Preserving Patient tionale for not pursuing them. b. Do you plan cians are often the gateway for access Access to Physicians Act of 2005. This to other medical services and treat- to establish such regulations or standards in bill updates Medicare physician reim- the future? c. If not, what standards will be ments. Not being able to consult a phy- used as the standard of measurement for bursement for 2006 and 2007 according sician results in delayed referrals, de- compliance for hydraulic fracturing under to the recommendations of the Medi- layed treatment and delayed care. In state Class II programs? care Payment Advisory Committee sum, the quality of health care con- EPA has not explored in any detailed fash- (MedPAC). There would be a 2.7 percent tinues to erode and our system does ion minimum national or state requirements increase to the physician payment not operate efficiently. for hydraulic fracturing of CBM wells, except schedule for 2006 and using the Medi- Should the scheduled physician reim- when it evaluated the revised UIC program care Economic Index update for the in Alabama. bursement cuts take effect, the result Considering and developing national regu- price of inputs, a 2.6 percent increase in will be a $710 million decrease in pay- lations for hydraulic fracturing would in- 2007. ments to doctors in Arizona over 2006 volve discussions with numerous stake- If the schedule is left alone, the con- through 2010. I have heard from vir- holders, the states, and the public and it sequences for physicians will be a nega- tually every physician with whom I would require an intensive effort to arrive at tive. Instead of the 1.5 percent payment have spoken about the constraints that regulatory language that could be applied increase for 2004 and 2005 which I inadequate payments are placing on nationwide. As EPA’s study indicates, coal- helped author in the Medicare Mod- their practice of medicine. While many beds are located in very distinct geologic ernization Act, there would be a 4.3 settings and the manner in which they are work for hospitals and health systems, produced for methane gas may be very dif- percent decrease. in the rural areas, a large number are ferent in each locale. The proximity of The sustainable growth rate (SGR) solo practitioners or in small practices. USDWs to the coal formations, and the re- formula used to calculate physician For these physicians, poor payment gional geology and hydrology all play roles payment depends on a number of fac- hits their practice especially hard. in how hydraulic fracturing operations are tors: the number of Medicare fee-for- If Medicare rates for doctors are in- conducted. service beneficiaries, the volume and adequate, many other health care If EPA receives information of drinking type of services provided, the price of water contamination incidents and follow-up payors will also lack for adequate re- investigations point to a problem, EPA services rendered, changes in regula- imbursement. Other payors such as would then re-evaluate its decision to not tions and laws. The formula also incor- Medicaid and private insurers often continue with additional study relating to porates other factors such as prescrip- base their payments on Medicare rates. CBM hydraulic fracturing. tion-drug prices and the gross domestic While this bill only addresses Medicare Should additional states submit revised product. The SGR was intended to con- physician payment, the problem of ac- UIA programs for EPA’s review and approval trol expenditures by basing a given cess to services will be compounded if which include hydraulic fracturing regula- year’s physician payment rate on the physicians receive reimbursement from tions, we would evaluate these programs previous year’s performance. Instead, under the effectiveness standards of the other payors that is below the appro- SDWA section 1425 as we did for the State of it creates an arbitrary deficiency that priate levels. Alabama. continues to force Congress to inter- The cost of addressing the physician S. 1080 vene. payment update is not cheap. Esti- Be it enacted by the Senate and House of Rep- There is a debate going on, her CMS mates on the cost of this bill are be- resentatives of the United States of America in has the authority to alter the SGR for- tween $25 billion to $35 billion over five Congress assembled, mula by removing drugs. Setting that years. I await an official score from the SECTION 1. SHORT TITLE. aside, though, the fact of the matter is Congressional Budget Office. But I This Act may be cited as the ‘‘Hydraulic that without Congress stepping in to point out, that doing nothing to solve Fracturing Safety Act of 2005’’. provide for a physician payment up- this problem may cost us more: more SEC. 2. HYDRAULIC FRACTURING. date, it probably will not occur. My money, more health and access prob- Section 1421(d)(1) of the Safe Drinking Senate colleagues and I have talked for lems, and more physicians leaving the Water Act (42 U.S.C. 300h(d)(1)) is amended— many years about ensuring adequate profession. Although this legislation (1) by adding at the end the following: physician payment because current and ‘‘The term ‘underground injection’ includes provides for a two year update, we hydraulic fracturing, which means the proc- past administrations have failed to must develop a long range mechanism ess of creating a fracture in a reservoir rock, modify the formula. This formula is to pay physicians appropriately. through the injection of fluids and propping not doing what it was intended to do. I am grateful for the support of this agents, for the purpose of reservoir stimula- Therefore, I believe we need to scrap it legislation by my colleague, Senator

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5538 CONGRESSIONAL RECORD — SENATE May 19, 2005 STABENOW of Michigan, and encourage However, that success is threatened Yet I know that this is just the be- my other colleagues to support the because the Medicare physician pay- ginning. We cannot continue to use Preserving Patient Access to Physi- ment formula is fundamentally flawed. stop-gap measures but must replace cians Act of 2005. At a time when the doctors who treat the SGR with a payment system that I ask unanimous consent that a let- our seniors are facing increasing prac- actually makes sense and reflects the ter of support be printed in the tice costs, they are looking at a pay- costs of providing physician care to RECORD. ment cut of 4.3 percent in 2006 for the Medicare beneficiaries. There being no objection, the letter Medicare services they provide that was ordered to be printed in the simply doesn’t make sense. Through the bipartisan partnership RECORD, as follows: And the cuts don’t stop in 2006: if Senator KYL and I have begun today, we can—and must—fix the physician AMERICAN MEDICAL ASSOCIATION, Congress doesn’t act, physicians will be Chicago, IL, May 19, 2005. hit with devastating cuts totaling 22 payment formula and continue to pro- Hon. JOHN KYL, percent over the next 5 years. Those vide access to high-quality Medicare U.S. Senate, Hart Senate Office Building, cuts represent over $44 billion dollars services for all of our seniors and peo- Washington, DC. nationwide, and a staggering $126 bil- ple with disabilities. DEAR SENATOR KYL: On behalf of the Amer- lion over the next 10 years. I ask unanimous consent to have ican Medical Association (AMA), we offer Currently, over 20,000 MDs and DOs our strong support of your legislation, enti- printed in the record letters of support tled the Preserving Patient Access to Physi- in Michigan treat over 1.4 million from the American Medical Associa- cians Act of 2005. We thank you for your Medicare-eligible Michiganians with tion and the American Osteopathic As- leadership in introducing this legislation and very high quality care. But if the doc- sociation. providing a remedy to the steep Medicare tors in my State receive their sched- physician payment cuts that are expected, uled cut of $109 million next year, and I urge my Colleagues to join us in beginning January 1, 2006. over $5 billion over the next ten years, this effort, and I thank the Chair. The Medicare Trustees have recently pre- it’s not hard to imagine that they may dicted that Medicare payments for physi- There being no objection, the letters cians’ services will be cut by about 26 per- be forced to limit the number of Medi- were ordered to be printed in the cent from 2006 through 2011. These cuts will care patients they serve. RECORD, as follows: critically impact access to medical services Numbers in the billions are indeed AMERICAN MEDICAL ASSOCIATION, for our Nation’s senior and disabled patients. staggering—but the critical need for Chicago, IL, May 19, 2005. A recent AMA survey concerning physician this legislation is even better dem- Hon. DEBBIE A. STABENOW, responses to significant Medicare physician onstrated by getting down to the spe- U.S. Senate, Washington, DC. pay cuts beginning January 1, 2006 indicates cifics: a Detroit physician currently is DEAR SENATOR STABENOW: On behalf of the that if these cuts begin in 2006: 38 percent of reimbursed $56.88 for an office visit. American Medical Association (AMA), we physicians plan to decrease the number of offer our strong support of your legislation, new Medicare patients they accept; more But while we all know medical infla- entitled the Preserving Patient Access to than half of physicians plan to defer the pur- tion will continue to increase, under Physicians Act of 2005. We thank you for chase of information technology; and a ma- current law, that same physician will your leadership in introducing this legisla- jority of physicians will be less likely to par- receive only $41.86 in 2011 for that same tion and providing a remedy to the steep ticipate in Medicare Advantage. visit. And while an orthopedic surgeon The expected cuts result from the inher- Medicare physician payment cuts that are in Detroit is now reimbursed $1,813.10 expected, beginning January 1, 2006. ently flawed payment update formula, the for performing a knee arthroplasty—a sustainable growth rate (SGR) spending tar- knee repair necessary to ensure full The Medicare Trustees have recently pre- get. The SGR is linked to the gross domestic mobility—she is scheduled to receive dicted that Medicare payments for physi- product and penalizes physicians and other cians’ services will be cut by about 26% from practitioners for volume increases that they $478.66 less for performing that same 2006 through 2011. These cuts will critically cannot control and that the government ac- procedure in 2011! The examples go on impact access to medical services for our na- tively promotes through new coverage deci- and on: a cardiologist inserting a stent tion’s senior and disabled patients. A recent sions and other initiatives that, while bene- in a Medicare patient to prevent heart AMA survey concerning physician responses ficial to patients, are not reflected in the problems receives $873.85 today. The to significant Medicare physician pay cuts SGR. same surgeon inserting a stent in 2011 beginning January 1, 2006 indicates that if The AMA applauds your leadership in ad- will be reimbursed only $643.15. these cuts begin in 2006: 38% of physicians dressing these cuts and introducing legisla- The ‘‘Preserving Patient Access to plan to decrease the number of new Medicare tion that protects access to needed medical Physicians Act of 2005’’ provides physi- patients they accept; more than half of phy- care. Your bill would provide a positive physicians plan to defer the purchase of informa- sician payment update of not less than 2.7 cians with a minimum update in 2006 and 2007. Specifically, the legislation tion technology; and a majority of physi- percent in 2006 and an update in 2007 that re- cians will be less likely to participate in flects physician practice cost inflation, overrides the Sustainable Growth Rate Medicare Advantage. which, at this time, is expected to be about (SGR) formula in these years: the up- 2.6 percent. date to the single conversion factor in The expected cuts result from the inher- Your bill is critical for ensuring continued 2006 would be 2.7 percent, and a formula ently flawed payment update formula, the sustainable growth rate (SGR) spending tar- and long-term access to health care services based on input prices and a produc- for Medicare beneficiaries. We look forward get. The SGR is linked to the gross domestic to continuing to work with you to achieve tivity adjustment is used for 2007—the product and penalizes physicians and other enactment of your legislation, as well as likely update for 2007 will be 2.6 per- practitioners for volume increases that they long-term reform of the update formula. cent. cannot control and that the government ac- Sincerely, Kevin Kelly, Executive Director of tively promotes through new coverage deci- MICHAEL D. MAVES, the Michigan State Medical Society, sions and other initiatives that, while bene- Executive Vice President, CEO. tells me that the minimum updates ficial to patients, are not reflected in the Ms. STABENOW. Mr. President, I am provided in this legislation are essen- SGR. very pleased to introduce the ‘‘Pre- tial to both physicians and patients in The AMA applauds your leadership in ad- serving Patient Access to Physicians Michigan in terms of assuring access to dressing these cuts and introducing legisla- Act’’ with my friend and colleague Medicare services. tion that protects access to needed medical from Arizona, Senator KYL. This legis- And Robert Stomel, D.O., President care. Your bill would provide a positive phy- lation is critical to ensuring that our of the Michigan Osteopathic Associa- sician payment update of not less than 2.7% Nation’s 42 million Medicare bene- tion, said that introduction of this leg- in 2006 and an update in 2007 that reflects ficiaries continue to have access to islation ‘‘is an important step in ef- physician practice cost inflation, which, at this time, is expected to be about 2.6%. high quality physician care. forts to protect the availability and ac- The Medicare program is one of the cess to physician services for millions Your bill is critical for ensuring continued most successful Federal programs of of Medicare beneficiaries.’’ Dr. Stomel and long-term access to health care services all time. It has lifted countless seniors for Medicare beneficiaries. We look forward went on to say, ‘‘This bipartisan legis- to continuing to work with you to achieve out of poverty, and it has ensured ac- lation represents a continued recogni- enactment of your legislation, as well as cess to necessary, affordable, quality tion that physician payment under long-term reform of the update formula. medical care for our most vulnerable Medicare must keep pace with the in- Sincerely, citizens for the last 40 years. creasing cost of providing care.’’ MICHAEL D. MAVES.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5539 AMERICAN OSTEOPATHIC ASSOCIATION, The End Child Poverty Act would harm our children, no matter who they Washington, DC, May 19, 2005. commit the U.S. to ending these hor- are, where they are from, or where Hon. DEBBIE STABENOW, rors of children growing up in such dire they commit their crime, should have U.S. Senate, Washington, DC. conditions. The bill would establish a some obligations under this law to vol- DEAR SENATOR STABENOW: As President of the American Osteopathic Association Child Poverty Elimination Board to untarily make their whereabouts (AOA), I am pleased to inform you of our make recommendations to the Presi- known or subject themselves to addi- strong support for the ‘‘Preserving Patient dent on how best to meet this commit- tional jail time. That’s what this bill is Access to Physicians Act of 2005’’. The AOA, ment to children. It would offset the about. It’s that simple. which represents the nation’s 54,000 osteo- cost with a one percent surtax on in- The victims and victims’ families pathic physicians practicing in 23 specialties come over $1 million to be invested in have dealt with the pain and anguish and subspecialties, extends its sincere grati- a Child Poverty Elimination Fund. imposed on them by these sexual of- tude to you for introducing this bill. The current sustainable growth rate (SGR) We must begin with this moral vi- fenders and predators. But instead of formula for physician services under the sion, just as we did with America’s sen- lying down, they are standing up for Medicare program is broken. The continued iors. The elderly were once the poorest imposing common-sense rules on those use of the flawed and unstable methodology in society. But in 1935, we made a com- who have taken the life and liberty of will result in a loss of physician services for mitment that growing old shouldn’t the most innocent and defenseless millions of Medicare beneficiaries. Physi- mean growing poor. We enacted Social among us. They are standing up for cians annually face reductions in payment Security and later Medicare, and now tough sentences against those who while their practice costs continue to rise. the elderly in America are signifi- Congress recognized this with the approval won’t abide by these very simple rules. of the ‘‘Medicare Prescription Drug, Im- cantly better off. The End Child Pov- They are standing up to say that to- provement, and Modernization Act of 2003’’ erty Act is a vital step to give com- gether we are stronger. (MMA) (P.L. 108–173) which replaced sched- parable security to America’s children. Prior to 1994 just five states required uled physician payment reductions with It’s time for America to make a real convicted sex offenders to register modest increases of 1.5 percent per year for commitment, and give real hope, real their address with local law enforce- 2004 and 2005. Unfortunately, physicians now opportunity and real fairness to chil- ment. Today there are over 549,000 reg- face a projected reduction of 4.3 percent for dren and families mired in poverty in 2006, with additional reductions for the fore- istered sex offenders in the United communities in all parts of our coun- States. Unfortunately, most of these seeable future that could amount to over 30 try. percent. receive and serve limited sentences and Your legislation takes an important step roam unchecked and unknown in our to address the projected 2006 and 2007 reduc- By Mr. HATCH: S. 1086. A bill to improve the national communities. Their crimes are heinous tions in physician payment under Medicare. and they have a high risk of repeating Specifically, the bill would establish a min- program to register and monitor indi- imum physician payment update of 2.7 per- viduals who commit crimes against their crimes on innocent children. cent per year for 2006 and 2007. A minimum children or sex offenses; to the Com- Under this Act, sex offenders and update of 2.7 percent will help ensure a phy- mittee on the Judiciary. predators will be required to register in sician’s continued ability to provide quality Mr. HATCH. Mr. President, we are person, versus mailing in a letter. They health care services to Medicare bene- here today in a battle to save our chil- will be required to wear a tracking de- ficiaries. dren, their families, and the victims, of vice while they are on probation for a On behalf of my fellow osteopathic physi- first-time offense—and wear it for life cians, I pledge our support for your effort to repeat sex offenders. address the flawed Medicare physician pay- I am so proud of the real warriors in if they choose to repeat their crimes. ment formula. We look forward to working this battle: the victims and their fam- This Act enables states to offer citi- with you to advance this important legisla- ily members. One of those warriors is zens a searchable, statewide sex of- tion. Please do not hesitate to call upon the Ed Smart, from my home State of fender registry that interacts with all AOA or our members for assistance on Utah, whose daughter Elizabeth was other states to provide seamless reg- health care issues. Contact the AOA’s De- kidnapped from her own bedroom by a istration and notification across the partment of Government Relations at (202) sexual predator. Ed is joined by Patti country. 414–0140 for additional information. Wetterling, Linda Walker, and other The Sex Offender Notification and Sincerely, outstanding advocates of our children, Registration Act will strengthen and GEORGE THOMAS, D.O., President. including John Walsh of America’s unite cities, communities and states in Most Wanted, Ernie Allen of the Na- the effort to stop the assault on Amer- By Mr. KENNEDY: tional Center for Missing and Exploited ican children. This bill has a com- S. 1084. A bill to eliminate child pov- Children, and Robbie Calloway of the panion bill in the House, sponsored by erty, and for other purposes; read the Boys & Girls Club of America in sup- Congressman MARK FOLEY and Con- first time. port of this bipartisan legislation we gressman BUD CRAMER. I invite you to Mr. KENNEDY. Mr. President, it is are introducing today along with co- join Senator BIDEN and me as we close shameful that in the richest and most sponsor Senator BIDEN. We need legis- the gaping holes that keep our children powerful Nation on earth, nearly a lation that will close the gaps in many at risk. fifth of all children—nearly 13 mil- laws already on the books; integrate lion—live in poverty. That is why I am and revive the existing laws; and ex- By Mr. ALEXANDER (for himself introducing the End Child Poverty Act pand covered offenses against children. and Mr. SCHUMER): to address this fundamental moral The Sex Offender Registration and S. 1087. A bill to amend section 337 of issue. It will set a national goal to re- Notification Act will bring all of the the Immigration and Nationality Act duce child poverty by half within a dec- States up to date and enable citizens in to prescribe the oath or affirmation of ade, and to eliminate it entirely as every State to inform themselves renunciation and allegiance required to soon as possible after that. about predators in their communities. be naturalized as a citizen of the The effect of child poverty is far This law will enable States to take United States; to the Committee on reaching. Children in poverty are often public information about sex offenders the Judiciary. malnourished. They have weaker im- and make it easy for citizens to access Mr. ALEXANDER. Today I am intro- mune systems and are more vulnerable at one, open, web-site. ducing legislation to address an impor- to infections and illness. Poor children This legislation will put the responsi- tant statement on what it means to be also suffer in school. They lack vital bility on the sex offenders themselves a citizen of the United States: the Oath nutrition necessary for healthy brain to register with the local authorities. of Allegiance, to which all new citizens development. They have trouble con- They will be required to notify those swear in court when they are natural- centrating in class. They often attend authorities when they move or change ized. schools that have the least resources. jobs. And if they don’t want to comply In the last session of Congress, I in- Their families move frequently, so with the rules—then they will go to troduced legislation to enshrine the their school attendance is low. Over- jail! Oath of Allegiance in law. I was joined crowding, utility shutoffs, and poor This is common sense—those who in that effort by 34 colleagues, includ- heating interfere with homework. break such a sacred trust and intend to ing the Senator from New York, Mr.

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5540 CONGRESSIONAL RECORD — SENATE May 19, 2005 SCHUMER, as the lead cosponsor. That Likewise, the Oath of Allegiance in highly protracted litigation, and legislation was introduced, in part, in should not be altered lightly—by a gov- some of the reforms that Congress did response to reports that the Bureau of ernment agency, without public com- adopt in 1996 have been substantially Citizenship and Immigration Services, ment, and without approval from Con- undermined in judicial application.’’ or BCIS, an agency of the Department gress. Of the five symbols and state- The Streamlined Procedures Act is of Homeland Security, may have been ments I’ve described—the Flag, the An- designed to fill some of these gaps. planning to change the Oath of Alle- them, the Pledge, the Motto, and the First, the SPA imposes reasonable but giance that immigrants take to be- Oath, only the Oath of Allegiance is le- firm time limits on court of appeals’ come a citizen of this nation. Other gally binding on those who take it. review of Federal habeas petitions. It Senators and I felt the proposed lan- New citizens must take it, and they requires a court of appeals to decide a guage, as reported in the press, would must sign it. habeas appeal within 300 days of the have weakened the Oath. On September 11, 2003, when I spoke completion of briefing, to rule on a pe- Today, I introduce a bill that puts about my legislation, I said: tition for rehearing within 90 days, and forward a compromise that I hope ev- To be clear, I have no objection to others to decide a case on rehearing within 120 eryone can support. I am again grateful proposing modifications to the Oath of Alle- days before the same panel, or 180 days to be joined in this effort by the senior giance that we use today. . . . perhaps ways before an en banc court. Senator from New York. This bill in- can be found to make it even stronger. As generous as these time limits are, troduces a modified Oath of Allegiance Still, let’s make sure any changes have the they would make a real difference in that is just as strong as the current support of the people as represented by Con- some cases. In Morales v. Woodford, 336 gress. The Oath of Allegiance is a statement F.3d 1136, 9th Cir. 2003, for example, the one, but that uses more modem lan- of the commitments required of new citizens. guage. Current citizens, through their elected rep- Ninth Circuit took 3 years to decide I was surprise to learn that Congress resentatives, ought to have a say as to what the case after briefing was completed. has never voted on the content of this those commitments are. That’s a lesson in And after issuing its decision, the Oath. We have left it to Federal regu- democracy. A legally binding statement on court took another 16 months to reject lators. That’s not how we treat other American citizenship ought to reflect Amer- a petition for rehearing. Similarly, in symbols of our Nation or other state- ican values, including democracy. Williams v. Woodford, 306 F.3d 665, 9th ments on what it means to be an Amer- It is in that spirit that I offer this Cir. 2002, the court waited 25 months to ican. compromise language that prescribes decide the case—and then waited an- For example, the American Flag, an updated but very strong Oath of Al- other 27 months to reject a petition for with its 50 stars—one for each State— legiance. This is the right way to go rehearing, for a total delay of almost and 13 stripes for the original colonies, forward in considering any changes, 41⁄2 years after appellate briefing had cannot be altered by Federal regula- and, I hope, will allow us to finally en- been completed. This is too long for ei- tion. The only way a star gets added is shrine this statement of what it means ther defendants or victims to have to when Congress acts to admit a new to be an American in law. wait. state. And we’ve never changed the 13 The SPA also bars courts of appeals stripes since the flag was first adopted By Mr. KYL: from rehearing successive-petition ap- in 1777. S. 1088. A bill to establish stream- plications on their own motion—cur- The Pledge of Alliance, which we re- lined procedures for collateral review rent law bars petitions for rehearing or peat each morning in the United States of mixed petitions, amendments, and certiorari for such applications, but Senate, can’t be altered by Federal reg- defaulted claims, and for other pur- some courts have interpreted this re- ulation. The Pledge is a statement of poses; to the Committee on the Judici- striction to not preclude rehearing by some of the values of the American ary. the court of appeals sua sponte. The Creed: ‘‘one nation, under God, indivis- Mr. KYL. Mr. President, I rise today SPA also bars Federal courts from toll- ible, with liberty and justice for all.’’ to introduce the Streamlined Proce- ing the current 1-year deadline on fil- What if a Federal agency decided we dures Act. This legislation will reduce ing habeas claims for reasons other should take out justice, just saying delays in federal courts’ review of ha- than those authorized by the statute, ‘‘with liberty for all’’? It can’t happen: beas corpus petitions filed by State and clarifies when a State appeal is because the Pledge can only be altered prisoners. pending for purposes of tolling the by Act of Congress, as it last was in Currently, many Federal habeas cor- deadline. 1954 when the phrase ‘‘under God’’ was pus cases require 10, 15, or even 20 years In addition, the SPA creates uniform, added. to complete. These delays burden the clear procedures for review of proce- The National Motto ‘‘In God We courts and deny justice to defendants durally improper claims. Current judi- Trust,’’ which appears on all our coins with meritorious claims. They also are cial caselaw creates a series of dif- and dollar bills, can’t be altered by deeply unfair to victims of serious, vio- ferent standards for addressing claims Federal regulation. It is a fundamental lent crimes. A parent whose child has in a Federal petition that were not ex- statement of the religious character of been murdered, or someone who has hausted in state court, that were pre- the American people—even though we been the victim of a violent assault, sented in a late amendment, or that don’t permit and don’t want the estab- cannot be expected to ‘‘move on’’ with- were procedurally defaulted. The SPA lishment of state religion. The Treas- out knowing how the case against the sets a uniform standard, allowing pro- ury Department can’t decide to leave attacker has been resolved. Endless cedurally improper claims to go for- the motto off the next dollar bill it litigation, and the uncertainty that it ward only if they present meaningful prints because the motto was adopted brings, is unnecessarily cruel to these evidence that the defendant did not by Congress—at first in 1864 to be victims and their families. As Presi- commit the crime, with all other im- printed on the 2-cent piece, an later as dent Clinton noted of the 1996 habeas- proper claims barred. the official National Motto in 1956. corpus reforms, ‘‘it should not take The SPA also expands and improves Our National Anthem, the Star Span- eight or nine years and three trips to the special expedited habeas proce- gled Banner, can’t be changed by Fed- the Supreme Court to finalize whether dures authorized in chapter 154 of the eral regulation. It, too, is a statement a person in fact was properly convicted United States Code. These procedures of our values, declaring our country or not.’’ For the sake of all parties, we are available to States that establish a ‘‘the land of the free and the home of should minimize these delays. system for providing high-quality legal the brave.’’ If a government agency de- The 1996 habeas corpus reforms were representation to capital defendants. cided it preferred America the Beau- supposed to prevent delays in Federal Chapter 154 sets strict time limits on tiful, or the Battle Hymn of the Repub- collateral review. Unfortunately, as Federal court action and places limits lic, or God Bless America, all of which the Justice Department noted in testi- on claims. Currently, however, the are great songs, the agency would have mony before the House Crime Sub- court that decides whether a State is to ask Congress to act. Why? Because committee in March 2003, there still eligible for chapter 154 is the same the Star Spangled Banner was named are ‘‘significant gaps [in the habeas court that would be subject to its time our National Anthem by law in 1931. corpus statutes] . . . which can result limits. Unsurprisingly, these courts

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5541 have proven resistant to chapter 154. The next morning, June 5, Chris’s mother, courts allowed more testing. All three The SPA would place the eligibility de- Mary Hughes, became concerned when he did tests found that the blood and saliva cision in the hands of a neutral party— not come home. A number of telephone calls matched defendant, to a degree of cer- the U.S. Attorney General, with review to the Ryen residence received only busy sig- tainty of one in 320 billion. Blood on nals. [Mary’s husband] William went to the of his decision in the DC Circuit, which Ryen home to investigate. the t-shirt matched both the defendant does not hear habeas appeals. The SPA William observed the Ryen truck at the and one of the victims. also makes chapter 154’s deadlines home, but not the family station wagon. Al- One might have thought that this more practical by limiting the claims though the Ryens normally did not lock the would end the case. Not so. In February that can be raised under its provisions house when they were home, it was locked 2004, the en banc Ninth Circuit sua to those presenting meaningful evi- on this occasion. William walked around the sponte authorized defendant to file a dence that the defendant did not com- house trying to look inside. When he reached second habeas petition to pursue theo- mit the crime, and by extending the the sliding glass doors leading to the master bedroom, he could see inside. William saw ries that police had planted this DNA time for a district court to review and the bodies of his son and Doug and Peggy evidence. Since the evidence had been rule on a chapter 154 petition from 6 Ryen on the bedroom floor. Josh was lying in court custody since 1983, the Ninth months to 15 months. between Peggy and Chris. Only Josh ap- Circuit’s theory not only required po- The SPA also eliminates duplicative peared alive. lice to plan and execute a vast con- Federal review of minor sentencing er- William frantically tried to open the slid- spiracy to plant the evidence—it also rors that already have been judged by ing door; in his emotional state, he pushed required them to foresee the future in- State courts to be harmless or not prej- against the fixed portion of the doors, not vention of the DNA technology that the sliding door. He rushed to the kitchen udicial. It limits Federal courts to ask- would make that evidence useful in fu- ing only whether the type of sen- door, kicked it in, and entered. As he approached the master bedroom, he found Jes- ture habeas proceedings. tencing error at issue is one that could sica on the floor, also apparently dead. In The Streamlined Procedures Act not have been harmless. the bedroom, William touched the body of would have made a difference in this The SPA also applies the deferential his son. It was cold and stiff. William asked case. For example, it would have elimi- review standard enacted in the 1996 re- Josh who had done it. Josh appeared nated the need to return to state court forms to all pending cases. Remark- stunned; he tried to talk but could only to exhaust new claims, reducing the ably, some current habeas petitions make unintelligible sounds. delay in the Federal proceedings by still are not governed by the 1996 re- William tried to use a telephone in the house but it did not work. He drove to a nearly 3 years. It would have applied forms. The SPA corrects this over- the 1996 reforms to this case, allowing sight, ending the need to apply the pre- neighbor’s house seeking help. The police arrived shortly. Doug, Peggy, Chris, and Jes- deferential review of state factual find- 1996 legal regime to any cases that still sica were dead, the first three in the master ings and legal analysis. It would have are being litigated today. bedroom, Jessica in the hallway leading to placed time limits on Federal appeals And finally, the SPA limits judicial that bedroom. Josh was alive but in shock, court decisionmaking and grants of re- review of State clemency and pardon suffering from an obvious neck wound. He hearing. And it would have prevented decisions, guaranteeing that a State was flown by helicopter to Loma Linda Uni- the court of appeals from ordering re- won’t be sued for formalizing and regu- versity Hospital. hearing of the defendant’s successive- larizing its pardon procedures; it limits The victims died from numerous chopping petition application on its own motion, defendants’ ability to ask Federal and stabbing injuries. Doug Ryen had at least 37 separate wounds, Peggy 32, Jessica thereby barring the current round of courts for investigatory funds without 46, and Chris 25. The chopping wounds were O.J. Simpson-style conspiracy-theory allowing prosecutors to be present and inflicted by a sharp, heavy object such as a litigation. The SPA could have brought rebut defense allegations; and it guar- hatchet or axe, the stabbing wounds by a this case to closure a long time ago. antees a crime victim’s right to be no- weapon such as a knife. And this case deserves to be brought tified of, to be present at, and to speak The escaped prisoner who committed to closure. One cannot underestimate at a criminal defendant’s Federal ha- this crime was caught 2 months later. the grievous impact that crimes like beas hearing. Again, he admitted that he stayed in these have on the families of the vic- To many people, the issues addressed the house next door, but denied any in- tims. Mary Hughes, the mother of 11- by the SPA—petitions for rehearing, volvement in the murders. According year-old Christopher Hughes, who was State remedies exhaustion, procedural to the California Supreme Court, how- sleeping over at the Ryen house on the default, chapter 154, AEDPA def- ever, the evidence of defendant’s guilt night of the murders, has spoken mov- erence—may seem abstract and re- was ‘‘overwhelming.’’ Not only had the ingly of the loss of her son: mote. For surviving crime victims, defendant stayed at the vacant house however, these matters can be very Christopher Hughes loved his bicycle, right next door at the time of the mur- swimming and showing off for his mom and concrete. ders; the hatchet used in the murders dad. A case recently in the news illus- was taken from the vacant house; shoe The 11-year-old’s bedroom was filled with trates the importance of these con- prints in the Ryen house matched swimming trophies and Star Wars collect- cerns: that of the man who murdered those in the vacant house and were ibles. He was a handsome kid who was chased three member of the Ryen family and from a type of shoe issued to prisoners; by a lot of fifth-grade girls on the play- Christopher Hughes in Chino Hills, bloody items, including a prison-issue ground during recess at Our Lady of the As- California in June 1983. The killer in sumption in Claremont. button, were found in the vacant He wasn’t short on friends, either. that case was an escaped convict from house; prison-issue tobacco was found a nearby prison. He has since admitted Christopher really liked Joshua Ryen, an in the Ryen station wagon, which was 8-year-old boy who lived up the street from that he spent 2 days hiding in a vacant recovered in Long Beach; and defend- him. They would trick-or-treat together on house next to the home of the Ryen ant’s blood type and hair matched that Halloween, play together, and their parents family. After several unsuccessful tele- found in the Ryen house. Defendant were good friends. phone calls to friends asking them to was convicted of the murders and sen- On the night of June 4 1983, Christopher give him a ride, the killer took a tenced to death in 1985, and the Cali- asked his parents if he could spend the night at the Ryen house. hatchet and buck knife from the va- fornia Supreme Court upheld the de- cant house and set out to find a vehi- It was a decision that would change the fendant’s conviction and sentence in Hughes family forever. cle. The California Supreme Court de- 1991. [Mary Hughes’] son Christopher would scribes the rest of what occurred, 53 The defendant’s Federal habeas pro- have been 32 today. She sometimes wonders Cal.3d 771, 794–95: ceedings began shortly thereafter, and who he would have been, what he would’ve On Saturday, June 4, 1983, the Ryens and they continue to this day—22 years looked like, and even during her most sol- Chris Hughes attended a barbecue in Los after the murders. In 2000, the defend- emn moments, she wonders what life Serranos, a few miles from the Ryen home in ant asked the courts for DNA testing of would’ve been like if Cooper had never gone Chino. Chris had received permission to to the Ryens’ house. spend the night with the Ryens. Between 9 a blood spot in the Ryen house, a t- ‘‘It never really ever gets better,’’ she said. and 9:30 p.m., they left to drive to the Ryen shirt near the crime scene, and the to- ‘‘Kevin Cooper robbed him of the chance to home. Except for Josh [the Ryen’s 8-year-old bacco found in the car. Despite the be a child, to attend his first dance, to have son], they were never seen alive again. overwhelming evidence of his guilt, the a girlfriend, and to one day get married and

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5542 CONGRESSIONAL RECORD — SENATE May 19, 2005 have kids of his own. He robbed me of my Hughes said. ‘‘How can (Farrell) have the au- without warning with the hatchet and knife. child.’’ dacity to say he knows what we are feeling?’’ He was hit many times because there is a lot Mary Ann Hughes does have one special Farrell could not be reached for comment. of blood on the wall on his side of the bed. memory of her son she holds close to her Since Christopher’s death, the Hughes fam- My mother screamed and Cooper came heart. A week before his death, she took him ily has chosen to remain out of the media around the bed and started hitting her. to see the movie ‘‘Return of the Jedi.’’ spotlight. And until recently, their efforts Somehow my dad was able to struggle be- ‘‘He was so happy. It was such a great were successful, due largely to the support of tween the bed and the closet but Cooper day,’’ she said. ‘‘It seems like such a small their surviving children, family members bludgeoned my father to death with the thing, but it’s the best memory I have of and a strong network of close friends, knife and hatchet, stabbing him 26 times and both of us.’’ (Sara Carter, ‘‘He Was at the Be- Hughes said. axing him 11. One of the blows severed his ginning of His Life When He Died,’’ Inland The court’s decision Feb. 9 has re-opened finger and it landed in the closet. My mother Valley Daily Bulletin, February 9, 2004.) the case, forcing the families to re-live the tried to get away but he caught her at the In light of how much the surviving nightmare they have fought so hard to leave bottom of the bed and he stabbed her 25 family already has suffered, one might behind, they say. times and axed her 7. Mary Ann Hughes is left wondering about All of us kids were drawn to the room by expect that all participants in the other families who have had loved ones mom’s screams. Jessica was killed in the criminal proceedings would take great taken from them, about the legal battles doorway with 5 ax blows and 46 stabs. I won’t concern and care for the feelings of the they have had to endure in their own quests say how many times my best friend Chris family. Unfortunately, that has not for justice. was stabbed and axed, not because it isn’t been the case. The Ninth Circuit has She thinks of the parents of Samantha important, but because I don’t want to hurt proved willing to turn the appeals into Runion, the 5-year-old Orange County girl his family in any way, and they are here. a three-ring circus, allowing continual who was murdered in 2003, and of what her After Cooper killed everyone, and thought family could face in the next 20 years. he had killed me, he went over to my sister pursuit of the most frivolous con- For Bill Hughes, the anguish is intensi- and lifted her shirt and drew things on her spiracy theories. The impact of these fied—he will forever know the pain of walk- stomach with the knife. Then he walked now 22 years of trial and appeals on the ing into the Ryens’ home the morning after down the hallway, opened the refrigerator, victims’ families has been predictable: the murders, and finding his son, dead and and had a beer. I guess killing so many peo- they feel that they and the victims covered in blood near the Ryens’ bedroom ple can make a man thirsty. have become irrelevant to the entire door. He was also the first to discover Joshua I don’t want to be here. I came because I process. Shortly after the Ninth Cir- Ryen, also drenched in blood, clinging to life. owe it to my family, who can’t speak for themselves. But by coming I am acknowl- cuit authorized an additional round of ‘‘It is a memory he will always have to live with,’’ Mary Ann Hughes said. edging and validating the existence of Kevin appeals in this case, a local newspaper Indeed, time has been no friend to the vic- Cooper, who should have been blotted from described what the families have expe- tims’ families, as California’s recent appel- the face of the earth a long time ago. By rienced: late court ruling has further denied them coming here it shows that he still controls For nearly 20 years, since convicted mur- closure, she added. me. I will be free, my life will start, the day derer Kevin Cooper was sentenced to death ‘‘What this decision has done to our legal Kevin Cooper dies. I want to be rid of him, for the 1983 slayings of a Chino Hills family system in California is unthinkable,’’ she but he won’t go away. and their young houseguest, families of the said. ‘‘Somewhere along the line, the courts I’ve been trying to get away from him victims have waited silently for the day the have got to uphold the law, and we will wait since I was 8 years and I can’t escape. He hand of justice would grant them peace. it out until they do.’’ (Sara Carter, ‘‘Fami- haunts me and follows me. For over 20 years For those families, the last two decades lies of Murder Victims Wait for Justice in all I’ve heard is Kevin Cooper this and Kevin have seemed like an eternity. Cooper Case,’’ Inland Valley Daily Bulletin, Cooper that. Kevin Cooper says he is inno- ‘‘I lived through a nightmare,’’ said Her- February 24, 2004.) cent, Kevin Cooper says he was framed, bert Ryen, whose brother Douglas Ryen was Mary Hughes’ story demonstrates Kevin Cooper says DNA will clear him, Kevin among those killed, along with Douglas’ wife Cooper says blood was planted, Kevin Cooper why the use of Federal judicial power says the tennis shoes aren’t his, Kevin Coo- Peggy, their 11-year-old daughter Jessica, must be measured and fair it illus- and her 10-year-old friend Christopher per says three guys did it, Kevin Cooper says Hughes. trates the heavy cost imposed by judi- police planted evidence, Kevin Cooper gets [O]n the morning of Feb. 9, [2004,] the day cial excess. another stay from another court and sends of Cooper’s scheduled death by lethal injec- No statement, however, better ex- everyone off on another wild goose chase. tion, word came down that the 9th U.S. Cir- plains the gross cruelty caused by al- The courts say there isn’t any harm when cuit Court of Appeals had decided to block lowing endless litigation and appeals in Kevin Cooper gets another stay and another the execution. a case like this than that given by one hearing. This just shows they don’t care about me, because every time he gets an- [T]o the Ryen and Hughes families, the of the surviving victims of the 1983 at- stay just hours before Cooper’s scheduled other delay I am harmed and have to relive execution at San Quentin State Prison was tack. Josh Ryen was 8 years old when the murders all over again. Every time Kevin nearly incomprehensible. The indefinite he was stabbed in his parents’ bedroom Cooper opens his mouth everyone wants to delay has left them in a sort of emotional and his parents and sister were mur- know what I think, what I have to say, how limbo, questioning whether the legal system dered. He is now 30 years old. On April I’m feeling, and the whole nightmare floods had abandoned them. 22, 2005, he gave a statement pursuant all over me again: the barbecue, me begging ‘‘The bottom line is that this whole issue to the recently enacted Crime Victims’ to let Chris spend the night, me in my bed is not about Kevin Cooper . . . it is about the Rights Act in the federal habeas corpus and him on the floor beside me, my mother’s screams, Chris gone, dark house, hallway, death penalty,’’ said Mary Ann Hughes, the hearing for his parents and sister’s mother of Christoper Hughes. ‘‘We’re so bushy hair, everything black, mom cut to mad—mad because we feel as though the killer. I will close my remarks by ask- pieces saturated in blood, the nauseating courts turned their back on my son.’’ ing unanimous consent that Josh smell of blood, eleven hours unable to move, ‘‘They (Court of Appeals) are holding us Ryen’s statement be printed in the light filtering in, Chris’ father at the win- hostage,’’ Hughes said. RECORD. dow, the horror of his face, sound of the front For Herbert Ryen and his wife Sue, waiting There being no objection, the mate- door splintering, my pajamas being cut off, for justice has taken an equally destructive rial was ordered to be printed in the people trying to save me, the whap whap of toll on their lives. The torment their family the helicopter blades, shouted questions, ev- RECORD, as follows: experienced following the murders, and the erything fading to black. subsequent years lost to depression, could STATEMENT OF JOSHUA RYEN, UNITED STATES Every time Cooper claims he’s innocent never be replaced, he said from his home in DISTRICT COURT FOR THE DISTRICT OF SAN and sends people scurrying off on another Arizona. DIEGO wild goose chase, I have to relive the mur- Mary Ann Hughes said the pain her family APRIL 22, 2005.—The first time I met Kevin ders all over again. It runs like a horror suffers is only amplified by the seemingly Cooper I was 8 years old and he slit my movie, over and over again and never stops continuous bombardment of celebrities cam- throat. He hit me with a hatchet and put a because he never shuts up. He puts PR people paigning against Cooper’s execution. She hole in my skull. He stabbed me twice, which on national television who say outrageous wonders who will cry out in anger for the broke my ribs and collapsed one lung. I lived things and then the press wants to know victims. only because I stuck four fingers in my neck what I think. What I think is that I would One former television star and anti-death to slow the bleeding, but I was too weak to like to be rid of Kevin Cooper. I would like penalty activist, Mike Farrell of the popular move. I laid there 11 hours looking at my for him to go away. I would like to never series MASH, spoke of the case on a recent mother who was right beside me. hear from Kevin Cooper again. I would like news program. I know now he came through the sliding Kevin Cooper to pay for what he did. ‘‘He claimed that we must feel relieved glass door and attacked my dad first. He was I dread happy times like Christmas and since the stay of execution was granted,’’ lying on the bed and was struck in the dark Thanksgiving. If I go to a friend’s house on

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5543 holidays I look at all the mothers and fa- see the implementation of a foreign quiry into the terrorist attacks found thers and children and grandchildren and get language strategy. The proposed Coun- that prior to September 11, the Intel- sad because I have no one. Kevin Cooper took cil, chaired by the National Language ligence Community was not prepared them from me. Director, would identify crucial prior- to handle the challenge of translating I get terrified when I go into any place dark, like a house before the lights are on. I ities, increase public awareness of the the volumes of foreign language hear screams and see flashbacks and shad- need for foreign language skills, advo- counter-terrorism intelligence that ows. Even with lights on I see terrible cate maximum use of resources, coordi- had been collected. Agencies within the things. After I was stabbed and axed I was nate cross-sector efforts, and monitor Intelligence Community experienced too weak to move and stared at my mother the foreign language activities of the backlogs in material awaiting trans- all night. I smelled this overpowering smell Federal Government. lation and a shortage of language spe- of fresh blood and knew everyone had been The genesis of this legislation is a re- cialists and language-qualified field of- slaughtered. port entitled, ‘‘A Call to Action for Na- Every day when I comb my hair I feel the ficers in the most critical terrorism-re- hole where he buried the hatchet in my head, tional Foreign Language Capabilities,’’ lated languages used by terrorists. and when I look in the mirror I see the scar issued by the National Language Con- America needs people who under- where he cut my throat from ear to ear and ference held in June 2004 under the aus- stand foreign cultures and who are flu- I put four fingers in it to stop the bleeding pices of the Department of Defense. ent in locally-spoken languages. The which, they say, saved my life. Every year I This conference was an extraordinary stability and economic vitality of the lose hearing in my left ear where he buried gathering of government, industry, United States and our national secu- the knife. academia, and language association rity depend on American citizens who Helicopters give me flashbacks of life representatives. The mission of this are knowledgeable about the world. We flight and my Incredible Hulks being cut off by paramedics. Bushy hair reminds me of the meeting was twofold: to discuss and de- need civil servants, including law en- killer. Silence reminds me of the quiet be- liberate initial strategic approaches to forcement officers, teachers, area ex- fore the screams. Cooper is everywhere. meeting the nation’s language needs in perts, diplomats, and business people There is no escape from him. the 21st century, and to identify ac- with the ability to communicate at an I feel very guilty and responsible to the tions that could move the United advanced level in the languages and Hughes family because I begged them to let States toward a ‘‘language-competent understand the cultures of the people Chris spend the night. If I hadn’t done that nation.’’ It was hosted by the Office of with whom they interact. he wouldn’t have died. I apologize to them the Under Secretary of Defense for Per- Experts tell us we should develop and especially to Mr. Hughes for having to find us and see his son cut and stabbed to sonnel and Readiness and by the Center long-term relationships with people death. for Advanced Study of Language from every walk of life all across the I thank the judge who gave my grandma (CASL) at the University of Maryland world, whether or not the languages custody of me because she took good care of at College Park. they speak are considered critical for a me and loves me very much. I ask unanimous consent that the ex- particular issue or emergency. I’m grateful to the ocean for giving me ecutive summary of the report, ‘‘A Call They are right. peace because when I go there I know my to Action for National Foreign Lan- As then-Deputy Secretary of Defense mother and father and sister’s ashes are guage Capabilities,’’ be printed in the Paul Wolfowitz noted at the National sprinkled there. Kevin Cooper has movie stars and Jesse RECORD following my remarks. Language Conference, ‘‘The greater our Jackson holding rallies for him, people car- I believe the recommendations of ability to communicate with people, rying signs, lighting candles, saying prayers. this report speak eloquently to the the easier the burden on our troops and To them and you I say: need for this legislation. As Dr. David the greater the likelihood that we can I was 8 when he slit my throat, Chu, Undersecretary of Defense for complete our missions and bring our It was dark and I couldn’t see. Personnel and Readiness, notes in his people home safely. Even better, the Through the night and day I laid there, forward to the report, ‘‘improving the greater our linguistic skill, the greater trying to get up and flee. nation’s foreign language capability re- the possibility that we can resolve He killed my mother, father, sister, friend, quires immediate and long-term en- international differences and achieve And started stalking me. gagement.’’ our objectives without having to use I try to run and flee from him but cannot get The intent of this legislation is to enforce.’’ away, sure that immediate and long-term en- I am proud of my own State of Ha- While he demands petitions and claims, some gagement. waii, whose language patterns reflect fresh absurdity. The establishment of a National Lan- that we are a mixing pot of varying Justice has no ear for me nor cares about my guage Director and the creation of a cultures. According to the 2000 Census, plight, National Foreign Language Coordina- while crowds pray for the killer and light more than 300,000 people or about 27 candles in the night. tion Council will ensure that the key percent of those five years and older To those who long for justice and love truth recommendations of the Department of spoke a language other than English at which sets men free, When you pray Defense sponsored conference will be home. This is compared to about 18 your prayers tonight, please remember me. implemented, which include: devel- percent nationwide. Language edu- oping policies and programs that build cation offerings to improve conversa- By Mr. AKAKA (for himself, Mr. the nation’s language and cultural un- tional proficiency with formal training COCHRAN, and Mr. DODD): derstanding capability; engaging fed- in non-English languages are working S. 1089. A bill to establish the Na- eral, state, and local agencies and the to keep pace with increased demand. In tional Foreign Language Coordination private sector in solutions; developing addition, enrollments in foreign lan- Council to develop and implement a language and cultural competency guage courses at the University of Ha- foreign language strategy, and for across public and private sectors; de- waii have been markedly increasing—a other purposes; to the Committee on veloping language skills in a wide trend that I am gratified to see hap- Health, Education, Labor, and Pen- range of critical languages; strength- pening across the country. But more sions. ening our education system, programs, needs to be done both in Hawaii and Mr. AKAKA. Mr. President, today I and tools in foreign languages and cul- the rest of the country. rise to introduce the National Lan- tures; and integrating language train- I am a passionate believer in begin- guage Coordination Act of 2005 which ing into career fields and increase the ning these programs at the earliest age provides a framework for leading and number of language professionals. possible. Americans need to be open to coordination the learning of foreign The terrorist attacks of September the world; we need to be able to see the languages and cultures, with my good 11, 2001, showed how much more was world through the eyes of others if we friends Senators COCHRAN and DODD. needed to improve education in these are going to understand how to resolve The National Foreign Language Co- critical areas. The investigations sur- the complex problems we face. ordination Act would create the posi- rounding the attacks have underscored The need to hear and understand one tion of a National Language Director how important foreign language pro- another is timeless and essential. and a National Foreign Language Co- ficiency is to our national security. An ongoing commitment to devel- ordination Council to develop and over- The Joint Intelligence Committee in- oping language and cultural expertise

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5544 CONGRESSIONAL RECORD — SENATE May 19, 2005 helps prevent a crisis from occurring ments should organize to work on proposed (14) The Secretary of Housing and Urban and provides diplomatic and language recommendations. Other necessary solutions Development. resources when needed. We cannot af- must be long-term, strategic, and ‘‘ involve (15) The Secretary of Agriculture. ford to seek out foreign language skills multiple organizations in all levels. To ac- (16) The heads of such other Federal agen- complish this agenda, the Nation needs: cies as the Council considers appropriate. after an event like 9/11 occurs. The fail- A National Language Authority appointed (c) RESPONSIBILITIES.— ures of communication and under- by the President to develop and implement a (1) IN GENERAL.—The Council shall be standing have already done their dam- national foreign language strategy; charged with— A National Foreign Language Coordination age. We must provide an ongoing com- (A) developing a national foreign language Council to coordinate implementation of the mitment to language education and en- strategy within 18 months of the date of encourage knowledge of foreign lan- national foreign language strategy. This is the Call to Action to move the Na- actment of this Act; and guages and cultures. tion toward a 21st century vision. (B) overseeing the implementation of such The answer is simple. If we are com- strategy. S. 1089 mitted to maintaining these relation- (2) STRATEGY CONTENT.—The strategy de- Be it enacted by the Senate and House of Rep- veloped under paragraph (1) shall include— ships and creating a language pro- resentatives of the United States of America in ficient citizenry, we must have leader- (A) identification of crucial priorities Congress assembled, across all sectors; ship. The National Foreign Language SECTION 1. SHORT TITLE. (B) identification and evaluation of Fed- Coordination Act will provide this This Act may be cited as the ‘‘National eral foreign language programs and activi- leadership and ensure that we are Foreign Language Coordination Act of 2005’’. ties, including— aware and involved in the world around SEC. 2. FINDINGS. (i) recommendations on coordination; us. Congress finds that— (ii) program enhancements; and I ask unanimous consent that the (1) there is a severe shortage of qualified (iii) allocation of resources so as to maxi- text of the bill be printed in the language professionals, including teachers, mize use of resources; RECORD. translators, and interpreters, especially in (C) needed national policies and cor- I urge my colleagues to support this less commonly taught languages, across the responding legislative and regulatory actions in support of, and allocation of des- important legislation. United States; (2) Federal, State, and local governments ignated resources to, promising programs There being no objection, the mate- need individuals with bilingual and and initiatives at all levels (Federal, State, rials were ordered to be printed in the bicultural capabilities, including— and local), especially in the less commonly RECORD, as follows: (A) diplomats; taught languages that are seen as critical for EXECUTIVE SUMMARY—A CALL TO ACTION AND (B) defense and intelligence analysts; national security and global competitiveness LEADERSHIP (C) military personnel; in the next 20 to 50 years; Vision: Our vision is a world in which the (D) foreign language instructors; (D) effective ways to increase public United States is a stronger global leader (E) health professionals; awareness of the need for foreign language through proficiency in foreign languages and (F) medical and social services providers; skills and career paths in all sectors that can understanding of the cultures of the world. (G) court interpreters; employ those skills, with the objective of in- These abilities are strengths of our public (H) translators; and creasing support for foreign language study and private sectors and pillars of our edu- (I) law enforcement officers; among— cational system. The government, academic, (3) deficiencies in the national language (i) Federal, State, and local leaders; and private sectors contribute to, and mutu- capabilities have— (ii) students; ally benefit from, these national capabili- (A) undermined cross-cultural communica- (iii) parents; ties. tion and understanding at home and abroad; (iv) elementary, secondary, and postsec- The terrorist attacks of September 11th, (B) restrained social mobility; ondary educational institutions; and the Global War on Terrorism, and the con- (C) lessened national commercial competi- (v) potential employers; tinued threat to our Homeland have defined tiveness; (E) incentives for related educational pro- the critical need to take action to improve (D) limited the effectiveness of public di- grams, including foreign language teacher the foreign language and cultural capabili- plomacy; training; ties of the Nation. We must act now to im- (E) restricted justice and government serv- (F) coordination of cross-sector efforts, in- prove the gathering and analysis of informa- ices to sectors of society; and cluding public-private partnerships; tion, advance international diplomacy, and (F) threatened national security; (G) coordination initiatives to develop a support military operations. We must act to (4) ample resources are not available to de- strategic posture for language research and retain our global market leadership and suc- velop language and cultural capabilities in recommendations for funding for applied for- ceed against increasingly sophisticated com- all of the world’s languages, requiring eign language research into issues of na- petitors whose workforces possess potent prioritization of such resources; and tional concern; combinations of professional skills, knowl- (5) a National Foreign Language Coordina- (H) assistance for— edge of other cultures, and multiple lan- tion Council and a National Language Direc- (i) the development of foreign language guage proficiencies. Our domestic well-being tor can help to raise public awareness and achievement standards; and demands action to provide opportunities for provide top-down coordination and direction. (ii) corresponding assessments for the ele- all students to learn foreign languages im- SEC. 3. ESTABLISHMENT OF THE NATIONAL FOR- mentary, secondary, and postsecondary edu- portant for the Nation, develop the capabili- EIGN LANGUAGE COORDINATION cation levels, including the National Assess- ties of our heritage communities, and ensure COUNCIL. ment of Educational Progress in foreign lan- services that are core to our quality of life. (a) ESTABLISHMENT.—There is established guages; Success in this crucial undertaking will the National Foreign Language Coordination (I) development of— depend on leadership strong enough to: Council (referred to as the ‘‘Council’’ in this (i) language skill-level certification stand- Implement policies, programs, and legisla- Act), which shall be an independent estab- ards; tion that build the national language and lishment as defined under section 104 of title (ii) an ideal course of pre-service and pro- cultural understanding capability; 5, United States Code. fessional development study for those who Engage Federal, state, and local agencies (b) MEMBERSHIP.—The Council shall consist teach foreign language; and the private sector in solutions; of the following members or their designees: (iii) suggested graduation criteria for for- Develop language and cultural competency (1) The National Language Director, who eign language studies and appropriate non- across public and private sectors; shall serve as the chairperson of the Council. language studies, such as— Develop language skills in a wide range of (2) The Secretary of Education. (I) international business; critical languages; (3) The Secretary of Defense. (II) national security; Strengthen our education system, pro- (4) The Secretary of State. (III) public administration; and grams, and tools in foreign languages and (5) The Secretary of Homeland Security. (IV) health care; and cultures; and (6) The Attorney General. (J) identification of and means for repli- Integrate language training into career (7) The Director of National Intelligence. cating best practices at all levels and in all fields and increase the number of language (8) The Secretary of Labor. sectors, including best practices from the professionals, especially in the less com- (9) The Director of the Office of Personnel international community. monly taught languages. Management. (d) MEETINGS.—The Council may hold such Leadership must be comprehensive, as no (10) The Director of the Office of Manage- one sector—government, industry, or aca- ment and Budget. meetings, and sit and act at such times and demia—has all of the needs for language and (11) The Secretary of Commerce. places, as the Council considers appropriate, cultural competency, or all of the solutions. (12) The Secretary of Health and Human but shall meet in formal session at least 2 Some actions must be initiated immediately Services. times a year. State and local government by specific agencies and Federal Depart- (13) The Secretary of the Treasury. agencies and other organizations (such as

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5545 academic sector institutions, foreign lan- (3) coordinate and lead a public informa- chusetts, beginning his service at St. George guage-related interest groups, business asso- tion campaign that raises awareness of pub- Church in Hartford, Connecticut, while ciations, industry, and heritage community lic and private sector careers requiring for- teaching and serving as assistant dean of the organizations) shall be invited, as appro- eign language skills and cultural under- Holy Cross Greek Orthodox Theological priate, to public meetings of the Council at standing, with the objective of increasing in- School, then in Pomfret, Connecticut, and least once a year. terest in and support for the study of foreign now in Brookline, Massachusetts; (e) STAFF.— languages among national leaders, the busi- Whereas in 1941, Archbishop Iakovos was (1) IN GENERAL.—The Director may appoint ness community, local officials, parents, and named preacher at Holy Trinity Cathedral in and fix the compensation of such additional individuals. New York City, and in the summer of 1942 personnel as the Director considers nec- (c) COMPENSATION.—The National Lan- served as temporary dean of St. Nicholas essary to carry out the duties of the Council. guage Director shall be paid at a rate of pay Church in St. Louis, Missouri; (2) DETAILS FROM OTHER AGENCIES.—Upon payable for a position at level V of the Exec- Whereas Archbishop Iakovos was appointed request of the Council, the head of any Fed- utive Schedule under section 5316 of title 5, dean of the Annunciation Greek Orthodox eral agency may detail, on a reimbursable United States Code. Cathedral in Boston, Massachusetts, in 1942, basis, any of the personnel of such agency to SEC. 5. ENCOURAGEMENT OF STATE INVOLVE- and remained there until 1954; the Council. MENT. Whereas in 1945, Archbishop Iakovos (3) EXPERTS AND CONSULTANTS.—With the (a) STATE CONTACT PERSONS.—The Council earned a Master of Sacred Theology Degree approval of the Council, the Director may shall consult with each State to provide for from Harvard University; procure temporary and intermittent services the designation by each State of an indi- Whereas Archbishop Iakovos became a under section 3109(b) of title 5, United States vidual to serve as a State contact person for United States citizen in 1950; Code. the purpose of receiving and disseminating (f) POWERS.— information and communications received Whereas in 1954, Archbishop Iakovos was (1) DELEGATION.—Any member or employee from the Council. ordained Bishop of Melita by his spiritual fa- of the Council may, if authorized by the (b) STATE INTERAGENCY COUNCILS AND LEAD ther and mentor, Ecumenical Patriarch Council, take any action that the Council is AGENCIES.—Each State is encouraged to es- Athenagoras, for whom he served four years authorized to take in this Act. tablish a State interagency council on for- as personal representative of the Patri- (2) INFORMATION.—The Council may secure eign language coordination or designate a archate to the World Council of Churches in directly from any Federal agency such infor- lead agency for the State for the purpose of Geneva; mation the Council considers necessary to assuming primary responsibility for coordi- Whereas on February 14, 1959, the Holy carry out its responsibilities. Upon request nating and interacting with the Council and Synod of the Ecumenical Patriarchate elect- of the Director, the head of such agency State and local government agencies as nec- ed Archbishop Iakovos to succeed Arch- shall furnish such information to the Coun- essary. bishop Michael as primate of the Greek Or- cil. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. thodox Church in the Americas; (3) DONATIONS.—The Council may accept, There are authorized to be appropriated Whereas Archbishop Iakovos was en- use, and dispose of gifts or donations of serv- such sums as necessary to carry out this Act. throned April 1, 1959, at Holy Trinity Cathe- ices or property. dral in New York City, assuming responsi- f (4) MAIL.—The Council may use the United bility for a jurisdiction that has grown to be States mail in the same manner and under SUBMITTED RESOLUTIONS over 500 parishes in the United States alone; the same conditions as other Federal agen- Whereas the enthronement of Archbishop cies. Iakovos in 1959 ushered in a new era for the (g) CONFERENCES, NEWSLETTER, AND SENATE RESOLUTION 149—HON- Greek Orthodox Church in America, in which WEBSITE.—In carrying out this Act, the ORING THE LIFE AND CONTRIBU- the Church became part of the mainstream Council— TIONS OF HIS EMINENCE, ARCH- of American religious life; (1) may arrange Federal, regional, State, BISHOP IAKOVOS, FORMER Whereas in 1959, shortly after being named and local conferences for the purpose of de- archbishop, Archbishop Iakovos held a his- veloping and coordinating effective programs ARCHBISHOP OF THE GREEK OR- toric meeting with Pope John XXIII, becom- and activities to improve foreign language THODOX ARCHDIOCESE OF ing the first Greek Orthodox Archbishop to education; NORTH AND SOUTH AMERICA meet with a Roman Catholic Pope in 350 (2) may publish a newsletter concerning Ms. SNOWE (for herself and Mr. SAR- years; Federal, State, and local programs that are Whereas Archbishop Iakovos was a dy- effectively meeting the foreign language BANES) submitted the following resolution; which was referred to the Com- namic participant in the contemporary ecu- needs of the nation; and menical movement for Christian unity, serv- (3) shall create and maintain a website mittee on the Judiciary: ing for nine years as President of the World containing information on the Council and S. RES. 149 Council of Churches and piloting Inter-Or- its activities, best practices on language Whereas His Eminence, Archbishop thodox, Inter-Christian, and Inter-Religious education, and other relevant information. Iakovos, former archbishop of the Greek Or- dialogues; (h) REPORTS.—Not later than 90 days after thodox Archdiocese of North and South Whereas Archbishop Iakovos vigorously the date of enactment of this Act, and annu- America and spiritual leader of Greek Ortho- supported the passage of the Civil Rights Act ally thereafter, the Council shall prepare and dox Christians in the Western Hemisphere of 1964, and had the courage to walk hand in transmit to the President and Congress a re- from 1959 to 1996, passed away at the age of hand with Dr. Martin Luther King, Jr. in port that describes the activities of the 93 on April 10, 2005, in Stamford, Con- Selma, Alabama, a historic moment for Council and the efforts of the Council to im- necticut; America that was captured on the cover of prove foreign language education and train- Whereas, when Archbishop Iakovos retired LIFE Magazine on March 26, 1965; ing and impediments, including any statutory and regulatory restrictions, to the use at the age of 85 on July 29, 1996, the Arch- Whereas Archbishop Iakovos spoke out of each such program. bishop had given 37 years of outstanding forcefully against violations of human rights service that were distinguished by his leader- and religious freedom and, in 1974, undertook SEC. 4. ESTABLISHMENT OF A NATIONAL LAN- GUAGE DIRECTOR. ship in furthering religious unity, revital- a massive campaign to assist Greek Cypriot (a) IN GENERAL.—There is established a Na- izing Christian worship, and championing refugees following the invasion of Cyprus by tional Language Director who shall be ap- human and civil rights; Turkish armed forces; pointed by the President. The National Lan- Whereas Archbishop Iakovos was born Whereas Archbishop Iakovos was a recipi- guage Director shall be a nationally recog- Demetrios A. Coucouzis on the tiny island of ent of the Presidential Medal of Freedom, nized individual with credentials and abili- Imbros in the Aegean Sea to Maria and the Nation’s highest civilian honor, which ties across all of the sectors to be involved Athanasios Coucouzis on July 29, 1911; was bestowed on him by President Carter on with creating and implementing long-term Whereas Archbishop Iakovos enrolled in June 9, 1980; solutions to achieving national foreign lan- the Ecumenical Patriarchal Theological Whereas in 1986, Archbishop Iakovos was guage and cultural competency. School at Halki at the age of 15; awarded the Ellis Island Medal of Honor and (b) RESPONSIBILITIES.—The National Lan- Whereas, after graduating with high hon- was cited by the Academy of Athens, the Na- guage Director shall— ors from Halki, Archbishop Iakovos was or- tional Conference of Christians and Jews, (1) develop and oversee the implementation dained deacon in 1934, taking the ecclesias- and the Appeal of Conscience; of a national foreign language strategy tical name Iakovos; Whereas Archbishop Iakovos, during his across all sectors; Whereas 5 years after his ordination, Arch- stewardship of the Greek Orthodox Church in (2) establish formal relationships among bishop Iakovos received an invitation to America, became an imposing religious fig- the major stakeholders in meeting the needs serve as archdeacon to the late Archbishop ure and a champion of social causes, encour- of the Nation for improved capabilities in Athenagoras, the primate of North and aging the faithful to become involved in all foreign languages and cultural under- South America, who later became Ecumeni- aspects of American life; standing, including Federal, State, and local cal Patriarch of Constantinople; Whereas Archbishop Iakovos was a friend government agencies, academia, industry, Whereas in 1940, Archbishop Iakovos was to nine Presidents, and to religious and po- labor, and heritage communities; and ordained to the priesthood in Lowell, Massa- litical leaders worldwide, receiving honorary

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5546 CONGRESSIONAL RECORD — SENATE May 19, 2005 degrees from some 40 colleges and univer- S. RES. 151 SENATE CONCURRENT RESOLU- sities; Whereas in May 1948, the State of Israel TION 35—EXPRESSING THE Whereas Archbishop Iakovos presented a was established as a sovereign and inde- SENSE OF CONGRESS THAT THE prayer at Presidential inaugural ceremonies pendent nation; GOVERNMENT OF THE RUSSIAN in 1961, 1965, 1969, and 1972; Whereas the United States was one of the Whereas the Archbishop has said of his FEDERATION SHOULD ISSUE A first nations to recognize Israel, only 11 min- pastoral work with immigrants in New Eng- CLEAR AND UNAMBIGUOUS utes after its creation; land and New York, ‘‘I lived and struggled STATEMENT OF ADMISSION AND with them to maintain the faith and cul- Whereas Israel has provided the oppor- CONDEMNATION OF THE ILLE- ture.’’; tunity for Jews from all over the world to re- GAL OCCUPATION AND ANNEX- establish their ancient homeland; Whereas in a 1995 interview, the Arch- ATION BY THE SOVIET UNION bishop said he had accomplished a major Whereas Israel is home to many religious sites which are sacred to Judaism, Christi- FROM 1940 TO 1991 OF THE BAL- goal ‘‘to have the Orthodox Church be ac- TIC COUNTRIES OF ESTONIA, cepted by the family of religions in the anity, and Islam; United States’’; and Whereas Israel provided a refuge to Jews LATVIA, AND LITHUANIA Whereas Archbishop Iakovos was interred who survived the horrors of the Holocaust Mr. SMITH (for himself, Mrs. FEIN- at the Holy Trinity Cathedral in New York, and the evils committed by the Nazis which STEIN, and Mr. DURBIN) submitted the New York, on April 15, 2005: Now, therefore, were unprecedented in human history; following resolution; which was consid- be it Whereas the people of Israel have estab- ered and agreed to: Resolved, That the Senate— lished a unique, pluralistic democracy which (1) mourns the loss of Archbishop Iakovos includes the freedoms cherished by the peo- S. CON. RES. 35 and commends the life the Archbishop led; ple of the United States, including freedom Whereas the incorporation in 1940 of the (2) thanks Archbishop Iakovos for his serv- of speech, freedom of religion, freedom of as- Baltic countries of Estonia, Latvia, and ice to the members of his church and to the sociation, freedom of the press, and govern- Lithuania into the Soviet Union was an act people of this Nation; ment by the consent of the governed; of aggression carried out against the will of (3) honors Archbishop Iakovos’ commit- Whereas Israel continues to serve as a sovereign people; ment to the principles of equality, human- shining model of democratic values by regu- Whereas the United States was steadfast in ity, and peace; and larly holding free and fair elections, pro- its policy of not recognizing the illegal So- (4) recognizes that Archbishop Iakovos was viet annexation of Estonia, Latvia, and Lith- moting the free exchange of ideas, and vigor- a committed and caring pastor to a whole uania; ously exercising in its Parliament, the generation of Greek Americans— Whereas the Russian Federation is the suc- (A) whose hard work, determination, and Knesset, a democratic government that is cessor state to the Soviet Union; pride in their religious and cultural heritage fully representative of its citizens; Whereas the Molotov-Ribbentrop Pact of Archbishop Iakovos embodied; and Whereas Israel has bravely defended itself 1939, including its secret protocols, between (B) who will dearly miss the Archbishop. from attacks repeatedly since independence; Nazi Germany and the Soviet Union provided Whereas the Government of Israel has suc- the Soviet Union with the opportunity to oc- f cessfully worked with the neighboring Gov- cupy and annex Estonia, Latvia, and Lith- ernments of Egypt and Jordan to establish uania; SENATE RESOLUTION 150—EX- peaceful, bilateral relations; Whereas the occupation brought countless PRESSING CONTINUED SUPPORT Whereas, despite the deaths of over one suffering to the Baltic peoples through ter- FOR THE CONSTRUCTION OF THE thousand innocent Israelis at the hands of ror, killings, and deportations to Siberian VICTIMS OF COMMUNISM MEMO- murderous, suicide bombers and other ter- concentration camps; RIAL rorists during the past 4 years, the people of Whereas the peoples of Estonia, Latvia, Israel continue to seek peace with their Pal- and Lithuania bravely resisted Soviet ag- Mr. DURBIN (for himself, Mr. SMITH, estinian neighbors; gression and occupation; and Mr. MARTINEZ) submitted the fol- Whereas the United States and Israel enjoy Whereas the Government of Germany re- lowing resolution; which was consid- a strategic partnership based on shared mu- nounced its participation in the Molotov- ered and agreed to: tual democratic values, friendship, and re- Ribbentrop Pact of 1939 and publicly apologized for the destruction and terror that S. RES. 150 spect; Nazi Germany unleashed on the world; Whereas the people of the United States Whereas section 905 of the FRIENDSHIP Whereas, in 1989, the Congress of Peoples’ share affinity with the people of Israel and Act (40 U.S.C. 1003 note) authorizes the con- Deputies of the Soviet Union denounced the struction of a memorial to honor the victims view Israel as a strong and trusted ally; and Molotov-Ribbentrop Pact of 1939 and its se- of communism; Whereas Israel has made significant global cret protocols; Whereas the construction of a Victims of contributions in the fields of science, medi- Whereas President Putin recently con- Communism Memorial near the United cine, and technology: Now, therefore, be it firmed that the statement of the Congress of States Capitol in the District of Columbia is Resolved, That the Senate— Peoples’ Deputies remains the view of the scheduled to begin in the fall of 2005; (1) recognizes the independence of the Russian Federation; Whereas construction of the Memorial is State of Israel as a significant event in pro- Whereas the illegal occupation and annex- supported by many Americans whose coun- viding refuge and a national homeland for ation of the Baltic countries by the Soviet try of origin is, or was, a ‘‘Captive Nation’’, Union remains unacknowledged by the Rus- from Baltic-Americans to Vietnamese-Amer- the Jewish people; (2) strongly supports efforts to bring sian Federation; icans; Whereas a declaration of acknowledgment Whereas communism has claimed the lives peace to the Middle East, including the disengagement plan of the Israeli government, of the illegal occupation and annexation by of more than 100,000,000 people in less than the Russian Federation would lead to im- the Roadmap, and the recent Quartet deci- 100 years; and proved relations between the people of Esto- sion to appoint World Bank President James Whereas it is important for the people of nia, Latvia, and Lithuania and the people of Wolfensohn as Coordinator for Gaza Dis- the United States to honor and remember Russia, would form the basis for improved the victims of communism by supporting the engagement. relations between the governments of the construction of this memorial: Now, there- (3) commends the bipartisan commit- countries, and strengthen stability in the re- fore, be it ment of all United States administrations gion; Resolved, That the Senate expresses its and United States Congresses since 1948 to Whereas the Russian Federation is to be continued support for the construction of the stand by Israel and work for its security and commended for beginning to acknowledge Victims of Communism Memorial. well-being; and grievous and regrettable incidents in their (4) extends warm congratulations and history, such as admitting complicity in the f best wishes to the people of Israel as they massacre of Polish soldiers in the Katyn For- celebrate the 57th anniversary of Israel’s est in 1940; SENATE RESOLUTION 151—RECOG- independence. Whereas the truth is a powerful weapon for NIZING THE 57TH ANNIVERSARY healing, forgiving, and reconciliation, but its OF THE INDEPENDENCE OF THE absence breeds distrust, fear, and hostility; STATE OF ISRAEL and Whereas countries that cannot clearly Mr. FRIST (for himself, Mr. REID, admit their historical mistakes and make Mr. MARTINEZ, Mr. LAUTENBERG, Mr. peace with their pasts cannot successfully INHOFE, Mr. LIEBERMAN, and Mrs. DOLE) build their futures: Now, therefore, be it submitted the following resolution; Resolved by the Senate (the House of Rep- which was considered and agreed to: resentatives concurring), That it is the sense

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5547 of Congress that the Government of the Rus- mittee on Foreign Relations be author- and the preamble be agreed to en bloc; sian Federation should issue a clear and un- ized to meet during the session of the that the motion to reconsider be laid ambiguous statement of admission and con- Senate on Thursday, May 19, 2005 at 9 upon the table; and that any state- demnation of the illegal occupation and an- a.m. to hold a briefing on Iran. ments relating to the concurrent reso- nexation by the Soviet Union from 1940 to 1991 of the Baltic countries of Estonia, Lat- The PRESIDING OFFICER. Without lution be printed in the RECORD, with- via, and Lithuania, the consequence of which objection, it is so ordered. out intervening action or debate. will be a significant increase in good will COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without among the affected peoples and enhanced re- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. gional stability. ask unanimous consent that the Com- The concurrent resolution (S. Con. f mittee on Foreign Relations be author- Res. 35) was agreed to. NOTICES OF HEARINGS/MEETINGS ized to meet during the session of the The preamble was agreed to. Senate on Thursday, May 19, 2005 at 10 The resolution, with its preamble, PERMANENT SUBCOMMITTEE ON INVESTIGATIONS a.m. to hold a hearing on Iran. reads as follows: Mr. COLEMAN. Mr. President, I The PRESIDING OFFICER. Without S. CON. RES. 35 would like to announce for the infor- objection, it is so ordered. mation of the Senate and the public Whereas the incorporation in 1940 of the PRIVILEGE OF THE FLOOR Baltic countries of Estonia, Latvia, and that the Permanent Subcommittee on Lithuania into the Soviet Union was an act Investigations will hold a hearing enti- Mr. KENNEDY. I ask unanimous consent for Franklin Thompson Reece be of aggression carried out against the will of tled ‘‘The Container Security Initiative sovereign people; and the Customs-Trade Partnership granted floor privileges during debate Whereas the United States was steadfast in Against Terrorism: Securing the Glob- on judicial nominations. its policy of not recognizing the illegal So- al Supply Chain or Trojan Horse?’’ In The PRESIDING OFFICER. Without viet annexation of Estonia, Latvia, and Lith- light of the September 11, 2001, ter- objection, it is so ordered. uania; rorist attacks, concern has increased Mr. CORZINE. Mr. President, I ask Whereas the Russian Federation is the successor state to the Soviet Union; that terrorists could smuggle weapons unanimous consent that Anne Milgram be granted floor privileges for the dura- Whereas the Molotov-Ribbentrop Pact of of mass destruction in the approxi- 1939, including its secret protocols, between mately 9 million ocean going con- tion of the presentation. The PRESIDING OFFICER. Without Nazi Germany and the Soviet Union provided tainers that arrive in the United States the Soviet Union with the opportunity to oc- every year. As part of its overall re- objection, it is so ordered. cupy and annex Estonia, Latvia, and Lith- sponse to the threat of terrorism, the f uania; Department of Homeland Security’s REFERRAL AND DISCHARGE—NOM- Whereas the occupation brought countless Bureau of Customs and Border Protec- suffering to the Baltic peoples through ter- INATION OF EDMUND S. HAWLEY ror, killings, and deportations to Siberian tion (Customs) implemented the Con- Mr. ALLEN. Mr. President, as in ex- concentration camps; tainer Security Initiative, CSI, to ecutive session, I ask unanimous con- Whereas the peoples of Estonia, Latvia, screen high-risk containers at sea ports sent that the nomination of Edmund S. and Lithuania bravely resisted Soviet ag- overseas, thus employing screening Hawley, of California, to be Assistant gression and occupation; Whereas the Government of Germany re- tools before potentially dangerous car- Secretary of Homeland Security be re- goes reach our shores. Customs also nounced its participation in the Molotov- ferred to the Committee on Commerce, Ribbentrop Pact of 1939 and publicly apolo- implemented the Customs Trade Part- Science and Transportation, and that, nership Against Terrorism, C–TPAT, to gized for the destruction and terror that further, upon the reporting out or dis- Nazi Germany unleashed on the world; improve the security of the global sup- charge of the nomination, the nomina- Whereas, in 1989, the Congress of Peoples’ ply chain in partnership with the pri- tion be referred to the Committee on Deputies of the Soviet Union denounced the vate sector. Homeland Security and Governmental Molotov-Ribbentrop Pact of 1939 and its se- Both CSI and C–TPAT face a number Affairs for a period not to exceed 30 cret protocols; of compelling challenges that impact Whereas President Putin recently con- days, after which time the nomination, their ability to safeguard our Nation firmed that the statement of the Congress of if still in committee, will be discharged from terrorism. The Subcommittee’s Peoples’ Deputies remains the view of the and placed on the Executive Calendar. May 26 hearing will examine how Cus- Russian Federation; The PRESIDING OFFICER. Without Whereas the illegal occupation and annex- toms utilizes CSI and C–TPAT in con- objection, it is so ordered. ation of the Baltic countries by the Soviet nection with its other enforcement pro- f Union remains unacknowledged by the Rus- grams and review the requirements for sian Federation; and challenges involved in EXPRESSING THE SENSE OF CON- Whereas a declaration of acknowledgment transitioning CSI and C–TPAT from GRESS RELATIVE TO THE GOV- of the illegal occupation and annexation by promising risk management concepts ERNMENT OF THE RUSSIAN FED- the Russian Federation would lead to im- to effective and sustained enforcement ERATION proved relations between the people of Esto- operations. These important Customs nia, Latvia, and Lithuania and the people of Mr. ALLEN. Mr. President, I ask Russia, would form the basis for improved initiatives require sustained Congres- unanimous consent that the Senate relations between the governments of the sional oversight. As such, this will be proceed to the immediate consider- countries, and strengthen stability in the re- the first of several hearings the Sub- ation of S. Con. Res. 35, submitted ear- gion; committee intends to hold on the re- lier today. Whereas the Russian Federation is to be sponse of the Federal Government to The PRESIDING OFFICER. The commended for beginning to acknowledge grievous and regrettable incidents in their terrorist threats. clerk will report the concurrent resolu- The Subcommittee hearing is sched- history, such as admitting complicity in the tion by title. massacre of Polish soldiers in the Katyn For- uled for Thursday, May 26, 2005, at 9:30 The assistant legislative clerk read a.m. in Room 562 of the Dirksen Senate est in 1940; as follows: Whereas the truth is a powerful weapon for Office Building. For further informa- A concurrent resolution (S. Con. Res. 35) healing, forgiving, and reconciliation, but its tion, please contact Raymond V. Shep- expressing the sense of Congress that the absence breeds distrust, fear, and hostility; herd, III, Staff Director and Chief Government of the Russian Federation and Counsel to the Permanent Sub- should issue a clear and unambiguous state- Whereas countries that cannot clearly committee on Investigations, at 202– ment of admission and condemnation of the admit their historical mistakes and make 224–3721. illegal occupation and annexation of the So- peace with their pasts cannot successfully viet Union from 1940 to 1991 of the Baltic build their futures: Now, therefore, be it f countries of Estonia, Latvia, and Lithuania. Resolved by the Senate (the House of Rep- AUTHORITY FOR COMMITTEES TO There being no objection, the Senate resentatives concurring), That it is the sense MEET of Congress that the Government of the Rus- proceeded to consider the concurrent sian Federation should issue a clear and un- COMMITTEE ON FOREIGN RELATIONS resolution. ambiguous statement of admission and con- Mr. MCCONNELL. Mr. President, I Mr. ALLEN. Mr. President, I ask demnation of the illegal occupation and an- ask unanimous consent that the Com- unanimous consent that the resolution nexation by the Soviet Union from 1940 to

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Mr. President, I ask uania for the first time in 1979, it was VICTIMS OF COMMUNISM MEMO- unanimous consent that the Senate under Soviet domination. Freedom was RIAL now proceed to the consideration of S. at a premium, and the poor people of Mr. ALLEN. Mr. President, I ask Res. 151, which was submitted earlier that country struggled day after day unanimous consent that the Senate today. wondering if they would ever have an- proceed to the immediate consider- The PRESIDING OFFICER. The other chance at self-governance. I have ation of S. Res. 150, submitted earlier clerk will report the resolution by journeyed to the region on several oc- today. title. casions since then, and I have wit- The PRESIDING OFFICER. The The assistant legislative clerk read nessed the miracle of independence and clerk will report the resolution by as follows: democracy coming to Lithuania, Lat- title. A resolution (S. Res. 151) recognizing the via, and Estonia. The amazing trans- The assistant legislative clerk read 57th Anniversary of the Independence of the formation for these nations was some- as follows: State of Israel. thing that many of us with strong ties There being no objection, the Senate A resolution (S. Res. 150) expressing con- to this part of the world had prayed for tinued support for the construction of the proceeded to consider the resolution. Victims of Communism Memorial. but never believed would happen in our Mr. ALLEN. I ask unanimous consent lifetime. that the resolution be agreed to, the There being no objection, the Senate The legacy of Soviet occupation re- preamble be agreed to, and the motion proceeded to consider the resolution. mains strong even today. Unfortu- to reconsider be laid upon the table. Mr. DURBIN. Mr. President, today I nately, Russia’s leaders refuse to ac- The PRESIDING OFFICER. Without submitted a resolution with my col- knowledge the wrongs committed by objection, it is so ordered. league, Senator SMITH of Oregon, that I the Soviet Union against the Baltic na- The resolution (S. Res. 151) was think is especially pertinent this week tions. Russian President Vladimir agreed to. as we commemorate the 60th anniver- Putin rejected a suggestion from U.S. The preamble was agreed to. sary of the defeat of Nazi Germany. officials that he renounce the Molotov- The resolution, with its preamble, The end of World War II in Europe Ribbentrop Pact, and he has publicly reads as follows: brought the end of Hitler’s regime and clung to the fiction that Estonia, Lat- S. RES. 151 all of its horrors, but it did not, unfor- via, and Lithuania asked to become Whereas in May 1948, the State of Israel tunately, usher in an era that was free part of the Soviet Union. In order for was established as a sovereign and inde- of tyranny as so many had hoped. In- relations between the Baltic nations pendent nation; stead, the Soviet Union solidified its il- and Russia to move forward, the Rus- Whereas the United States was one of the legal occupation of its three Baltic sian Government and its people must first nations to recognize Israel, only 11 min- neighbors, Estonia, Latvia, and Lith- utes after its creation; honestly and publicly confront the Whereas Israel has provided the oppor- uania, and communism’s global expan- USSR’s brutal legacy of repression. sion condemned millions to totali- tunity for Jews from all over the world to re- This resolution will call on Russian establish their ancient homeland; tarian rule or death. leaders to take that important step. Whereas Israel is home to many religious The resolution we submitted ex- Mr. ALLEN. Mr. President, I ask sites which are sacred to Judaism, Christi- presses support for the construction of unanimous consent that the resolution anity, and Islam; the Victims of Communism Memorial and preamble be agreed to en bloc; that Whereas Israel provided a refuge to Jews here in Washington, DC. Authorized by the motion to reconsider be laid upon who survived the horrors of the Holocaust Congress in 1993, memoria1 will honor and the evils committed by the Nazis which the table; and that any statements re- were unprecedented in human history; the more than 100 million victims of lating to the resolution be printed in communist atrocities around the globe. Whereas the people of Israel have estab- the RECORD, without intervening ac- lished a unique, pluralistic democracy which The overwhelming carnage and suf- tion or debate. includes the freedoms cherished by the peo- fering that occurred at the hand of The PRESIDING OFFICER. Without ple of the United States, including freedom international communism must never objection, it is so ordered. of speech, freedom of religion, freedom of as- be forgotten. The Victims of Com- The resolution (S. Res. 150) was sociation, freedom of the press, and govern- munism Memorial will pay tribute, in agreed to. ment by the consent of the governed; our Nation’s capital, to those who lost The preamble was agreed to. Whereas Israel continues to serve as a their lives to communist tyranny. Con- The resolution, with its preamble, shining model of democratic values by regu- struction of the Memorial is scheduled larly holding free and fair elections, pro- reads as follows: moting the free exchange of ideas, and vigor- to begin in the fall of 2005, and when it S. RES. 150 ously exercising in its Parliament, the is completed it will serve as an endur- Whereas section 905 of the FRIENDSHIP Knesset, a democratic government that is ing reminder of communist atrocities Act (40 U.S.C. 1003 note) authorizes the con- fully representative of its citizens; and of the value of our Nation’s com- struction of a memorial to honor the victims Whereas Israel has bravely defended itself mitment to freedom. of communism; from attacks repeatedly since independence; I will also join my colleague from Or- Whereas the construction of a Victims of Whereas the Government of Israel has suc- egon in submitting a resolution that Communism Memorial near the United cessfully worked with the neighboring Gov- calls on the Russian Government to ac- States Capitol in the District of Columbia is ernments of Egypt and Jordan to establish scheduled to begin in the fall of 2005; peaceful, bilateral relations; knowledge the Soviet Union’s illegal Whereas construction of the Memorial is Whereas, despite the deaths of over one annexation of the three Baltic nations supported by many Americans whose coun- thousand innocent Israelis at the hands of of Estonia, Latvia, and Lithuania dur- try of origin is, or was, a ‘‘Captive Nation’’, murderous, suicide bombers and other tering the Second World War and to con- from Baltic-Americans to Vietnamese-Amer- rorists during the past 4 years, the people of demn this aggression by the USSR. In icans; Israel continue to seek peace with their Pal- 1939, Joseph Stalin allied himself with Whereas communism has claimed the lives estinian neighbors; Adolf Hitler with the signing of the of more than 100,000,000 people in less than Whereas the United States and Israel enjoy Molotov-Ribbentrop Pact, an agree- 100 years; and a strategic partnership based on shared mu- Whereas it is important for the people of tual democratic values, friendship, and re- ment that led to the Soviet Union’s oc- the United States to honor and remember spect; cupation of the Baltic countries in 1940. the victims of communism by supporting the Whereas the people of the United States For five decades, Estonia, Latvia, and construction of this memorial: Now, there- share affinity with the people of Israel and Lithuania were forced to live under the fore, be it view Israel as a strong and trusted ally; and

VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 19, 2005 CONGRESSIONAL RECORD — SENATE S5549 Whereas Israel has made significant global desk that are due for a second reading. PROGRAM contributions in the fields of science, medi- I ask unanimous consent that they be cine, and technology: Now, therefore, be it read for a second time, en bloc. Mr. ALLEN. Mr. President, tomorrow Resolved, That the Senate— the Senate will resume the consider- (1) recognizes the independence of the The PRESIDING OFFICER. Without objection, it is so ordered. The clerk ation of the nomination of Priscilla State of Israel as a significant event in pro- Owen to be a United States circuit viding refuge and a national homeland for will report. the Jewish people; The assistant legislative clerk read court judge for the Fifth Circuit. We (2) strongly supports efforts to bring peace as follows: have had another day of substantive to the Middle East, including the disengage- A bill (S. 1061) to provide for secondary debate on the Owen nomination. As an- ment plan of the Israeli government, the school reform and for other purposes. nounced earlier today, there will be no Roadmap, and the recent Quartet decision to A bill (S. 1062) to amend the Fair Labor rollcall votes tomorrow. We will have a appoint World Bank President James Standards Act of 1938 to provide for an in- busy day of debate, surely, and Sen- Wolfensohn as Coordinator for Gaza Dis- crease in the Federal minimum wage. ators are encouraged to come to the engagement; (3) commends the bipartisan commitment Mr. ALLEN. Mr. President, in order Senate during the session. As a re- of all United States administrations and to place the bills on the calendar under minder, the majority leader has an- United States Congresses since 1948 to stand the provisions of rule XIV, I object to nounced we will have a vote next Mon- by Israel and work for its security and well- further proceeding en bloc. day at 5:30 p.m. That vote is likely to being; and The PRESIDING OFFICER. Objec- be a vote on a motion to instruct and (4) extends warm congratulations and best tion having been heard, the bills will be to request Members’ attendance. More wishes to the people of Israel as they cele- placed on the calendar. will be said regarding Monday’s sched- brate the 57th anniversary of Israel’s independence. f ule at the close of business tomorrow. f ORDERS FOR FRIDAY, MAY 20, 2005 f MEASURES READ THE FIRST Mr. ALLEN. Mr. President, I ask unanimous consent that when the Sen- TIME—S. 1084 AND S. 1085 ADJOURNMENT UNTIL 9:30 A.M. ate completes its business today, it Mr. ALLEN. Mr. President, I under- TOMORROW stand there are two bills at the desk. I stand in adjournment until 9:30 a.m. on ask for their first reading en bloc. Friday, May 20. I further ask that fol- Mr. ALLEN. If there is no further The PRESIDING OFFICER. Without lowing the prayer and pledge, the business to come before the Senate, I objection, the clerk will report the morning hour be deemed expired, the ask that the Senate stand in adjourn- bills by title. Journal of proceedings be approved to ment under the previous order. The assistant legislative clerk read date, the time for the two leaders be There being no objection, the Senate, as follows: reserved, and the Senate then return to at 8:52 p.m., adjourned until Friday, A bill (S. 1084) to eliminate child poverty, executive session and resume consider- May 20, 2005, at 9:30 a.m. and for other purposes. ation of the nomination of Priscilla A bill (S. 1085) to provide for paid sick Owen to the Fifth Circuit Court of Ap- f leave to ensure that Americans can address peals; provided further that the time their own health needs and the health needs of their families. from 9:40 a.m. to 10 a.m. be under the control of the majority leader or his NOMINATIONS Mr. ALLEN. I now ask for a second reading, and in order to place the bills designee and the time from 10 a.m. to Executive nominations received by on the calendar under the provisions of 10:30 a.m. be under the control of the the Senate May 19, 2005: rule XIV, I object to my own request, Democratic leader or his designee, pro- DEPARTMENT OF HOMELAND SECURITY all en bloc. vided that at 10:30 a.m. the majority leader or his designee be recognized EDMUND S. HAWLEY, OF CALIFORNIA, TO BE AN AS- The PRESIDING OFFICER. Objec- SISTANT SECRETARY OF HOMELAND SECURITY, VICE tion is heard. The bills will have their and floor time then rotate every 30 DAVID M. STONE, RESIGNED. second reading on the next legislative minutes between the two leaders or IN THE AIR FORCE day. their designees until 1 p.m, at which time the Democratic leader or his des- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ignee be recognized until 1:45 p.m., to CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MEASURES PLACED ON THE be followed by a Republican Senator AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CALENDAR—S. 1061 AND S. 1062 until 2 p.m. Mr. ALLEN. Mr. President, I under- The PRESIDING OFFICER. Without To be lieutenant general stand there are two other bills at the objection, it is so ordered. MAJ. GEN. TERRY L. GABRESKI, 0000

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A TRIBUTE TO SERGEANT JOHN community. Did not the Presbyterian leader- 60th anniversary of the liberation of the Hol- ‘‘MAC’’ SMITH ship know that the best way to unite the ocaust’s death camps with a first, special Jews is to challenge the Jewish state in a se- session of the United Nations General As- rious way? Organized American Jewry is sembly on January 24th, 2005, we recall that HON. MIKE McINTYRE surely committed to safeguarding Israel’s modern Israel arose from the martyrs’ ashes. OF NORTH CAROLINA well-being at the critical front here at home. History has taught us that when we deny a IN THE HOUSE OF REPRESENTATIVES For a mainline Protestant denomination, people’s spiritual authenticity we ultimately though with dwindling members but with yet invite its physical annihilation. Wednesday, May 18, 2005 considerable influence, to go beyond past f Mr. MCINTYRE. Mr. Speaker, I rise today to critical resolutions and risk alienating its pay tribute to Sgt. John ‘‘Mac’’ Smith of Wil- Jewish partners in common quests of inter- SALUTING ANTHONY DEION mington, North Carolina, for serving his coun- faith dialogue for a better America and hu- BRANCH manity, is a cause for an evaluative pause. try valiantly with the 11th Armored Cavalry What has gone so wrong? How can we set Regiment in Operation Iraqi Freedom. On May the record straight and rejoin in essential HON. CHARLES W. ‘‘CHIP’’ PICKERING OF MISSISSIPPI 11, 2005, Sgt. Smith lost his life when a road- and increased cooperation, establishing bet- side bomb hit his convoy. He was coura- ter lines of communication? In a climate of IN THE HOUSE OF REPRESENTATIVES geously serving his second tour of duty in rising world anti-Semitism, won’t divest- Wednesday, May 18, 2005 Iraq, and our heartfelt thanks and prayers go ment worsen matters, threatening to place Israel in the pariah state category as was the Mr. PICKERING. Mr. Speaker, Mississippi’s out to his family and friends in this time of community and junior college system pro- grief. case with South Africa which the Pres- byterians rightly pursued? Would other reli- duces some of the top football players in the At an early age, John’s family knew that he gious bodies and secular institutions be Nation. They are always targets of recruitment was destined for the U.S. Army. As a toddler, tempted to follow suit? Wouldn’t added eco- from universities around the country seeking he wore camouflage clothing and once spent nomic pressure and isolation damage Israel’s to bolster their football programs. From time to a summer at Ft. Bragg. As a student at New ongoing courageous peace work, hurting a time, we produce a truly great player who can Hanover High School in Wilmington, John was close ally of the U.S.? compete at the highest level with the leader- To attack Israel following four bloody in the Army JROTC program, and during his ship and poise necessary to be the top player senior year he served as drill team com- years of unremitting and victimizing terrorist suicide bombings that no other nation in the top game. Anthony Deion Branch from mander. John enlisted in the Army in 2000. would have tolerated without a major re- Jones County Junior College—in my home As a member of the Army, he dedicated his sponse that surely Israel could deliver, is a county—was named Super Bowl XXXIX Most career to defending the values this nation sad commentary on the exhibited callousness Valuable Player. Today I’d like to salute that holds dear. By risking his life to ensure the of mostly friends tuning out a certain re- achievement and speak a little about his road safety of others, John made the ultimate sac- ality. A reality including the plight of the to that success. rifice. His valiant actions and steadfast service Christian minority in the Arab Muslim world Deion’s career began in Albany, Georgia remind us of the gratitude we feel toward him in general and particularly now among the where he excelled in track, football and en- and all the other servicemen and women who Palestinians where ironically the Pres- byterians have long roots of involvement, it, joyed soccer in high school. After graduating have lost their lives serving as guardians of obviously affecting their stance on Middle he made the long drive to Ellisville, Mississippi this great country. John was indeed a man of East issues. It is also the outcome of too where he competed and earned a spot on the courage and integrity. many Presbyterians lacking pertinent infor- Jones County Junior College football team. Mr. Speaker, may the memory of Sgt. John mation. There he grabbed 37 passes for 639 yards ‘‘Mac’’ Campbell live on in our hearts, and The cited Israeli security barrier as prob- and five touchdowns as a freshman on the may God’s strength and peace be with his lematic ignores the dramatic reduction in Bobcat squad. The following year he took 69 family. terrorist infiltrations as well as Israel’s Su- preme Court intervention in correcting the receptions for 1,012 yards and nine touch- f barrier’s path to alleviate hardships, with its downs, earning second-team AII-American ARTICLE BY RABBI ISRAEL final destiny dependent upon future develop- honors and leading JCJC to a 12–0 mark and ZOBERMAN ments. It was after all the late Chairman a victory at the Golden Isles Bowl to bring Arafat who responded in 2000 at Camp David home the junior college national champion- to the offered vision of peace with improved ship. HON. THELMA D. DRAKE upon past violence, reverting to his old ter- The University of Louisville recruited Deion OF VIRGINIA rorist persona with which he chose to die. It who hauled in 143 passes for 2,204 yards and is Prime Minister Sharon who succeeded in IN THE HOUSE OF REPRESENTATIVES 18 touchdowns in his two years there. He be- radically transforming himself to the point Wednesday, May 18, 2005 of supporting a Palestinian state, presently came only the second player in school history to record multiple 1,000 yard seasons and is Mrs. DRAKE. Mr. Speaker, I am pleased to risking his life with his disengagement plan from Gaza and parts of the West Bank. listed fourth and sixth respectively in the share the following article written by a con- How can an enduring and inspiring Israel, school records for career touchdown catches stituent, Rabbi Israel Zoberman. a beleaguered outpost of Western values, be and receptions with the Cardinals—and that in I vividly recall my pride back in 1980 at the compared to a corrupt and terrorism-friendly just two years. Rockefeller Chapel of the University of Chi- Palestinian Authority yet to prove with its The New England Patriots used their Num- cago as I received the first doctoral degree newly elected president Mahamud Abbas, ber 65 pick in the 2002 Draft to bring in Deion awarded to a Rabbi by McCormick Theo- through Israeli cooperation, that our trust in logical Seminary which is affiliated with the its democratic and peaceful potential is not to what many are now describing as a dy- Presbyterian Church, USA. The dean whis- dangerously misplaced? How tragic indeed nasty—three Super Bowl Victories in four pered in my ear, ‘‘You are the first,’’ without that Palestinian suffering is largely due to years, two with Deion on the team. public fanfare. A disconcerting reminder of its leaders’ ineptitude and the duplicity of Deion’s first Super Bowl ring came without that ambiguous attitude is the recent con- the Arab nations through the years, abusing the MVP award; his colleague and football leg- troversial vote by the 216th General Assem- their brethren’s plight for their own regres- end Tom Brady won it that year. But while bly of the PC (USA) meeting in Richmond, sive agenda, while refusing to grant them many of us fans thought he should be consid- Virginia for studying ‘‘selective divestment’’ their own state prior to 1967 when Israel was ered, we didn’t have to wait long to be satis- from companies doing business in Israel with saddled with the territories following an at- fied. The following year, despite an injury in at least one million dollars in revenue, and tack on Jewish sovereignty. deemed to hurt the Palestinians. Lastly but not least, the continued Pres- his second game which kept him on the side- It is quite astonishing that there was a byterian misguided goal to missionize among lines for the next seven matches, Deion fin- rather limited sense of the adverse impact of Jews remains a blight on a denomination ished the season with 35 receptions for 454 the anti-Israel move on the American Jewish that deserves better. Commemorating the yards and four touchdowns.

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

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.011 E19PT1 E1010 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 Deion had trained and focused and coming himself to academic pursuits and under- him you would know why we must honor him.’’ into the end of the season from an injury, he standing economic and social Unfortunately, we will never know what Mal- was still ready for the premier football event in disempowerment. colm X could have done with another 40 the world. Finishing the night with an NFL Undoubtedly guided by his father’s activism, years. record-tying 11 receptions for 133 yards in the his own life experiences, and his time in NYC, Mr. Speaker, I submit into the RECORD a Super Bowl, he became just the fourth re- Malcolm X became a loyal adherent and fol- statement by Trans-Africa Forum President Bill ceiver in NFL history to receive the MVP lower of Minister Elijah Muhammad and the Fletcher, Jr. demonstrating how Malcolm was award and is already being listed with greats Nation of Islam. He argued that the discrimina- an inspiration in the global struggle for free- like Jerry Rice and Dan Ross. tion and racism present in American society dom and human rights, with many world lead- Mr. Speaker, Deion’s team-first attitude and kept African-Americans from achieving true ers embracing him and his philosophy. strong work ethic has paid off and we in Mis- political, economic, and social power and that MALCOLM X: REMEMBERING HIM AS MORE sissippi are proud of him and salute his con- the system would continue to perpetuate dis- THAN A POSTAGE STAMP tinuing achievements. I know we will continue crimination and racism unless African-Ameri- A STATEMENT BY TRANS-AFRICA FORUM PRESI- to see him excel in the future and all of us cans stood up for themselves and against the DENT BILL FLETCHER, JR. ON THE OCCASION from Jones County, Mississippi will remember system. OF THE 40TH ANNIVERSARY OF THE ASSAS- him for his years with us and salute his deter- In keeping with the teachings of the Nation SINATION OF MALCOLM X mination, skill and triumphs. of Islam, Malcolm adopted the ‘‘X’’ as a sur- February 21, 2005—February 21, 2005 marks f name to demonstrate that his African identity the 40th anniversary of the assassination of and cultural roots had been unknown to him. IN CELEBRATION OF THE 80TH African American freedom fighter Malcolm Following his parole in 1952, he became an X, aka El Hajj Malik El-Shabazz. Realizing BIRTHDAY OF MALCOLM X outspoken defender and spokesman for the that had he lived, Malcolm would have been Nation of Islam. He was placed in charged of turning 80 this year stands in contrast to the HON. CHARLES B. RANGEL new mosques in Harlem, Detroit, and Michi- memories many of us have—or have gained OF NEW YORK since his death through photos, recordings of gan. He became an effective voice of Nation IN THE HOUSE OF REPRESENTATIVES speeches and documentaries—of an auda- of Islam through newspaper, radio and tele- Wednesday, May 18, 2005 cious young Black man who unquestionably vision communications and was credited with spoke truth to power. Malcolm, gunned down Mr. RANGEL. Mr. Speaker, I rise today to helping to increase membership from 500 in at the age of 39, represented a defiance and commemorate what would have been the 80th 1952 to 30,000 in 1963. commitment that most of us can only aspire birthday of Malcolm X, formally El Hajj Malik While he spoke in bitterness and hatred to- to achieve. He spoke our anger against op- El–Shabazz. This is an opportune moment for wards whites, he spoke about his experiences pression, and our pain suffered from this this country and the world to reflect on the life and interactions with people. From the death same oppression, while constantly dem- of his father to his favorite teacher to numer- onstrating a love and respect for us as a peo- and times of this extraordinary individual. In ple. his short life, Malcolm X overcame many dif- ous others he had encountered, Malcolm Similar to the experience in the years that ficulties and challenges to become a leading talked about what he knew and that, like for have passed since the death of Martin Luther figure in the movement for black liberation. many African-Americans at the time, was not King, there have been constant attempts to Malcolm X was born Malcolm Little on May a beloved experience. He spoke for those rewrite the life and thought of Malcolm X. 19, 1925 in Omaha, Nebraska. He was one of whose dreams were crushed by the edu- Despite all of this, generation after genera- eight children born to Earl and Louise Little. cational system, whose families suffered at the tion have rediscovered the real Malcolm, Earl Little was an outspoken Baptist minister hands of economic injustice, whose leaders even if only in pieces that have to be assem- and supporter of Marcus Garvey’s Universal fought for social equality, and whose futures bled in the giant game of history. Negro Improvement Association. He taught his In an era where much confusion reigns did not look bright. within Black America due to the emergence family of the importance of working together Malcolm however would become disheart- of figures such as General Colin Powell and for their collective advancement and of the ened by the Nation of Islam, after learning of Dr. Condoleezza Rice, it is useful to reflect need to restore pride and commitment in their indiscretions committed by Minister Muham- upon two central themes in the life and work community and race. His fierce advocacy for mad and attempts by the organization to con- of Malcolm X: one, that our struggle in the racial justice prompted a number of death ceal them. Unwilling to participate in what he United States as African Americans was and threats against him, required his family to relo- believed was deception, he was marginalized is fundamentally a struggle for human rights cate twice before Malcolm’s fourth birthday, within the organization. In 1964, he separated rather than civil rights. Two, that our strug- from the Nation of Islam and formed his own gle is bound up with struggles taking place and eventually to lose their home to arson. around the world against imperialism and In 1931, the body of Earl Little was found organizations, the Organization of Afro-Amer- other forms of injustice. lying across the town’s train tracks. The police ican Unity and the Muslim Mosque, Inc. The issue of civil rights vs. human rights is ruled the death an accident, but Malcolm In 1964, Malcolm X traveled outside the critically important and for more than se- learned the true cost of passionate activism. United States to Africa, Mecca, and Saudi mantic reasons. Malcolm was challenging His mother suffered an emotional breakdown Arabia. The trip would become a transcendent much of the leadership of the then Civil and was institutionalized, following the death. period in his life. For the first time in his life, Rights Movement to understand that the His siblings were split up amongst various fos- he came in contact with different cultures and issue before Black America was not simply ter homes and orphanages. Malcolm was sep- races that treated him with respect for who he or only one of constitutional rights within arated from the family he had known and was. He broke bread with Muslims of various the U.S. framework. Malcolm suggested, following upon leaders such as Du Bois, Robe- loved. races and saw that brotherhood was not lim- son and Patterson, that the issues at stake Malcolm nonetheless was an outstanding ited by race. He saw humanity and compas- for African Americans were more than dis- student. He was at the top of his class in jun- sion in its true form and was moved by the crimination, as important as that was and is. ior high school and had aspirations of becom- recognition that it really was universal. Instead, Malcolm observed that the oppres- ing a lawyer. With the early lessons of his fa- When he returned, Malcolm adopted the sion faced by Black America has been cen- ther about the importance of education and name El-Hajj Malik El Shabazz. He returned to tral to the reality of the USA since before it self-pride, Malcolm was prepared to shine in the United States with a new sense of pur- was the USA, i.e., since the beginning of co- the academic and legal worlds. However, he pose and a different set of experiences. He lonial North America. Our situation, in spoke about how he had met ‘‘blonde-haired, other words, was not an aberration from an lost interest in these aspirations when a favor- otherwise humane record. Rather, the op- ite teacher crushed his dreams and told him blue-eyed men I could call my brothers.’’ He pression that we have faced has shaped the that law was not a realistic goal for a Black was prepared to work with men of all races to basic existence and substance of the United man in the 1940s. achieve true racial justice. He was prepared to States, and, along with the genocide faced by Disillusioned, Malcolm dropped out of lead a movement for the liberation of the dis- Native Americans, helps one to understand school after the 8th grade and moved to Har- advantaged in America. the inability of this country to establish a lem, where he unfortunately turned to a life of Unfortunately, Malcolm X was assassinated truly democratic republic. crime. By 1942, Malcolm was coordinating at the Audubon Ballroom in Harlem on Feb- For Malcolm, then, Black America was de- various crime rings in New York City. In 1946, ruary 14, 1965—more than 40 years ago this manding not only an end to discrimination, but recognition of our human rights as a he was arrested, convicted on burglary year. At Malcolm’s funeral, the actor Ossie people, up to and including the right to na- charges, and sentenced to 10 years in prison. Davis eulogized him and asked the crowd of tional self-determination. Malcolm con- Finding himself headed in the wrong direction onlookers, ‘‘Did you ever talk to Brother Mal- cluded that as a people who had been sub- and exposed for the first time to the teachings colm? Did you ever really listen to him? For if jected to hundreds of years of naked and vi- of the Nation of Islam, Malcolm re-dedicated you did you would know him. And if you knew cious oppression, only an international body,

VerDate Aug 04 2004 06:15 May 20, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.014 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1011 such as the United Nations, had the location gade to 66 separate locations throughout Iraq There is no money to implement these new and moral authority to address the true res- in January, 2004 in support of Operation Iraqi laws, we’ve had no hearings to understand olution of our condition. Freedom creating the largest tactical commu- how they would work, and the states, which For this, Malcolm became one of the most dangerous people in the USA, at least for nications network in Army history. For over a would have to administer these laws, haven’t those who oppress us. decade Alan has been tested in conflict and even been consulted. Administratively these Malcolm did not stop there. Linked to his hardened in battle to become one of the provisions seem difficult to implement, at best. understanding of human rights, Malcolm Army’s finest and most experienced Signal Congress should never go about loading also situated our struggle for human rights Corps commanders. something like this onto a bill without full de- alongside the struggles that were underway Alan is a consummate professional whose bate, but that’s exactly what has happened in in Asia, Africa, the Caribbean and Latin performance personifies those traits of cour- this case. America for national independence and lib- age, competency and commitment that our na- Certainly, there are parts of this supple- eration. Again, following in the footsteps of tion has come to expect from its Army officers. freedom fighters going back to the early 19th mental spending bill that I strongly support. century, Malcolm insisted that to only view It is with sadness that we will wish him God- The $650 million for tsunami relief and recon- our struggle through the prism of North speed and good luck as he leaves Fort Hood struction is very important. It is disappointing, American eyes would be to condemn our for his new assignment. however, that the conference report does not struggle to failure. As such, Malcolm paid Alan’s career has reflected his deep com- include the amendment I introduced that was attention to educating Black America to the mitment to our nation, and has been charac- attached to the House version, which would relevance of struggles underway overseas, terized by dedicated, selfless service, love for have devoted $3 million for UNFPA’s vital such as the movement in the Democratic Re- soldiers and their families and a commitment work in the tsunami region. This money would public of the Congo for complete freedom to excellence. I ask Members to join me in of- from both the Belgians and the USA. He was have greatly benefitted pregnant tsunami- also an early and incisive critic of the ex- fering our heartfelt appreciation for a job well stricken women by fostering better maternal panding U.S. aggression in Indochina. done and best wishes for continued success health and reducing infant mortality. To build ties, Malcolm spent time devel- to a great soldier and friend—Colonel Alan R. The improvement in death benefits for the oping bonds of friendship and comradeship Lynn. military in this bill are crucial, and they are a with some of the most important inter- f long time in coming. I also support the provi- national leaders of the struggles for national sions to aid the peace in the Sudan, as well liberation of the 1960s. These were not sym- H.R. 1268, EMERGENCY SUPPLE- as development assistance the president pro- bolic, but represented an attempt to build al- MENTAL APPROPRIATIONS ACT posed for the West Bank and Gaza. lies who could be called upon to support our struggle for freedom. Nevertheless, this administration must en- For this, Malcolm became one of the most HON. CAROLYN B. MALONEY force a better accounting of the taxpayer dangerous people in the USA . . . at least for OF NEW YORK money it spends. Before I can vote for another those who oppress us. For us, the oppressed, IN THE HOUSE OF REPRESENTATIVES enormous expenditure of the American tax- he was our champion. Far from being a sav- Wednesday, May 18, 2005 payers’ money for this war, I must be con- ior, Malcolm saw himself as a spokesperson vinced that this administration will keep tabs for a movement; yet never more important Mrs. MALONEY. Mr. Speaker, because of on the money and make sure our troops get than the movement. He understood that it is this administration’s lack of accountability for the equipment they need. Doing so will be people in motion rather than individual lead- the money sent for the war in Iraq, I could not good for the war effort, and will be good for ers who shift the tracks of history. support this, the third emergency spending bill And so, it is time to again remember Mal- our troops. for Iraq, when the House first voted on it in colm and to cherish him through continuing f in his footsteps, footsteps that were molded March. It now comes back to us from the con- by an insistence on struggle, audacity, and, ference in worse shape than it was before, LANCE CORPORAL JONATHAN yes, love for his people. and I again cannot support it. GRANT f The administration sold this war to the American people and Members of Congress CONGRATULATIONS AND BEST HON. TOM UDALL under false pretenses, and the American peo- OF NEW MEXICO WISHES TO COLONEL ALAN R. ple cannot continue to indefinitely fund this ad- IN THE HOUSE OF REPRESENTATIVES LYNN ministration’s gross incompetence, particularly without any real oversight tied to it. Mean- Wednesday, May 18, 2005 HON. CHET EDWARDS while, important priorities here at home like Mr. UDALL. of New Mexico. Mr. Speaker, I OF TEXAS homeland security and education go wanting rise today to honor the life of Lance Corporal IN THE HOUSE OF REPRESENTATIVES for money. We have a new record level of Jonathan Walter Grant. debt, a record budget deficit and a record Jonathan lived his life by always putting oth- Wednesday, May 18, 2005 trade deficit. ers first, and last Wednesday he made the ul- Mr. EDWARDS. Mr. Speaker, I rise to rec- Mr. Speaker, my father and brother have timate sacrifice while serving in Iraq. ognize a great Army officer and soldier, Colo- both fought in wars for our country, and I sup- Lance Corporal Grant was among the six nel Alan R. Lynn, and to thank him for his port and honor our troops. I want nothing but Marines killed during combat ‘‘Operation Mat- contributions to the Army and the country. On the best protection and best equipment for ador’’ when their troop transporter rolled over Thursday, June 2, 2005 Colonel Lynn will re- them. Still, despite the hundreds of billions in a roadside bomb in the Al Anbar Province. linquish command of the Army’s 3rd Signal taxpayer money that has been spent on Iraq, Just 23-years-old, Jonathan lived life always Brigade which is stationed at Fort Hood, a recent New York Times report detailed how showing courage and maturity beyond his Texas for reassignment to the Army Staff in our soldiers in Iraq still are ill-equipped for the years. He was born in the Pojoaque Valley of Washington, DC. resistance they face. Why hasn’t the money New Mexico and raised by his grandmother Colonel Lynn began his military career in first and foremost gone to supply our troops Margie Warner, who he loved dearly. He re- 1979 following his graduation from the Univer- with the equipment they need as quickly as ceived his general equivalency diploma in the sity of Pennsylvania at California, Pennsyl- possible? year 2000 and joined the Marines in 2002, vania. Commissioned as an Air Defense Artil- There have been independent audits show- working the entire time to support his family lery officer from ROTC he completed several ing billions of dollars in Iraq that have been and build a future. successful assignments in the Air Defense Ar- misspent or that have simply gone missing. Upon his planned return from Iraq this Octo- tillery before he transferred to the U.S. Army And there still is little to no oversight—there ber, Jonathan was planning to marry his high Signal Corps. During Operations Desert Shield still is no open and honest accounting—to school sweetheart and fiance´e, Eva Maestas. and Desert Storm he served as the 1st Bri- keep this administration in check, as they Eva—who is now a kindergarten teacher—and gade Signal Officer with the fabled 101st Air- have repeatedly missed deadlines to detail the Jonathan had been together for 7 years. Jona- borne Division. In 1997, he commanded the past, current and future spending. than leaves behind Eva, their 5-year-old 13th Signal Battalion, 1st Cavalry Division This bill now includes the REAL ID Act, daughter Cynthia, and their 17-month-old son both at Fort Hood, Texas and in Bosnia with which is an entirely separate issue from fund- Evan. Task Force Eagle. Colonel Lynn took coming and should have no part of this bill. I am As Cynthia and Evan get older, they can al- mand of the 3rd Signal Brigade, Fort Hood, very concerned about the implementation of ways be proud of their father, Lance Corporal Texas on June 13, 2002. He deployed the Bri- such sweeping provisions in this manner. Jonathan Walter Grant, a Marine—who always

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.018 E19PT1 E1012 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 rose to the challenge and served our country of cultural service to the citizens of north- us to this place today. This is a bridge over proud. eastern Pennsylvania and beyond, some of truly historic waters—the wide Missouri. Our heartfelt prayers and sympathies are whom travel great distances to attend and The river is central to the history of those with Jonathan’s family and friends during their who have lived in this region. The Indians enjoy the Fiesta. Clearly, the Fiesta has en- who lived along its banks inspired the river’s time of great loss. We will always remember riched the lives of hundreds of thousands of name. The word ‘‘Missouri’’ is believed to his bravery and the sacrifice he made while people and our community is a far better place have derived from the Indian word for serving our nation. because of it. ‘‘canoe’’, and the Missouri Tribe were known f f as the ‘‘people of the wooden canoe.’’ French trappers encountered the Missouri CONGRATULATING THE WILKES- DEDICATION OF THE CONGRESS- Indians in the late 1600s in present day Sa- BARRE FINE ARTS FIESTA ON MAN IKE SKELTON BRIDGE line County. Another native group, the Lit- THE OCCASION OF ITS 50TH AN- tle Osage, lived in this area during the 1700s. NIVERSARY Scholars say that both tribes used the river HON. EMANUEL CLEAVER for transportation and trade with the Euro- OF MISSOURI peans. HON. PAUL E. KANJORSKI IN THE HOUSE OF REPRESENTATIVES In addition to the heritage of the Indians OF PENNSYLVANIA who made their home along the river, the IN THE HOUSE OF REPRESENTATIVES Wednesday, May 18, 2005 legacy of the French trappers endures. The Wednesday, May 18, 2005 Mr. CLEAVER. Mr. Speaker, it has come to names the French gave to the tributaries my attention that Highway 13 Missouri River that flow into the Missouri River still adorn Mr. KANJORSKI. Mr. Speaker, I rise today Bridge has been named for my good friend, our maps: Tabeau Creek, the Lamine River, ask you and my esteemed colleagues in the Chouteau Creek, and the Moreau River. and fellow Missourian, The Honorable Ike House of Representatives to pay tribute to the After the fledgling United States of Amer- Skelton. The dedication ceremony took place Fine Arts Fiesta in Wilkes-Barre, Pennsyl- ica purchased the Louisiana territory, Lewis on May 14, 2005, in Lexington, Missouri, Mr. vania, which is celebrating 50 years of artistic and Clark’s Corps of Discovery traveled Skelton’s hometown. I know that all the Mem- these waters, following the river across the and cultural presentation to the citizens of bers of the House will join me in congratu- continent. In fact, our new bridge is quite northeastern Pennsylvania. near the spot in present-day Ray County Founded in 1956 under the leadership of lating Mr. Skelton on this honor. Mr. Skelton’s remarks at the event are set forth as follows: where Lewis and Clark’s party of explorers Annette Evans, Ruth Schooley and Alfred made camp in June 1804. Groh, the Fine Arts Fiesta is the oldest full- Thank you so much, Joe Aull, for your Fifteen years later in 1819, a U.S. Army scale arts festival in the Commonwealth of generous introduction. Members of the Mis- Corps of Engineers expedition to explore the souri General Assembly, Ray and Lafayette Pennsylvania. Missouri River and its tributaries dem- County neighbors, and my fellow Missou- onstrated the potential usefulness of the Making the event even more special is the rians. fact that it has never charged the public for river for the movement of goods, settlers, Today, we dedicate an engineering feat— and troops. It also led to the Corps’ assign- admission, preferring to make the event open the magnificent new bridge across the wide ment to tame the river for navigation, re- to anyone, regardless of ability to pay. In- Missouri. What an opportunity to kindle moving the treacherous snags that endan- stead, the Fine Arts Fiesta, always held on pride in our community and pride in our gered boats and steamboats. Wilkes-Barre’s historic Public Square, has state. This is truly a moment to remember. The Missouri artist George Caleb Bingham managed to fund itself through state grants Anyone who lives around here or who trav- immortalized the jolly flatboatmen who els along this portion of Highway 13 can tes- and voluntary contributions from individuals, plied the waters of this river as the frontier tify that for years people have asked, ‘‘when opened in the early to mid–1800s. The corporations and foundations. are we going to get a new bridge?’’ More re- Throughout its history, the Fine Arts Fiesta flatboatmen were known for their songs, cently the question has changed to, ‘‘when is their chanties, including the beautiful and has always highlighted children’s entertain- that new bridge going to open?’’ So believe haunting American folk song, Shenandoah. ment. me, I think it is impossible to exaggerate The now-familiar boatmen’s song, which told At noon on May 24, 1956, then Mayor Lu- what a very happy day this is for those who of a trader who loved the daughter of Indian ther M. Kniffen sounded the Old Ship Zion bell have waited so long for this day to arrive. Chief Shenandoah, made its way down the and the Fine Arts Fiesta was born. It was also According to the Roman orator Cicero, the Missouri and Mississippi Rivers to the Amer- a highlight of Wilkes-Barre’s Sesquicentennial greatest of all virtues is gratitude. And, I ican clipper ships, and thus around the want to express my gratitude to my neigh- that was being observed in 1956. world. bors, the members of the Highway 13 Mis- In the years to come, steamboats made the Dr. Eugene S. Farley, then president of souri River Bridge Dedication Steering Com- Wilkes College, offered remarks and stressed river their home. From about 1819 to 1881, mittee, the members of the Missouri Depart- steamboats paddled the river, taking settlers the interrelation between the Wyoming Val- ment of Transportation, and the members of west and carrying trade goods and merchan- ley’s cultural assets and the economic and in- Missouri’s General Assembly for the naming dise. Lexington became a major steamboat dustrial well being of the community. He con- of this bridge. Most of all, I am grateful to port, where manufactured goods from St. cluded that the Fiesta plays a significant role my wife, Susie, for her tireless support that Louis and other points east were unloaded, in the overall growth of the community. allows me to carry out my public service. I and raw materials were loaded to travel By 1962, the Fine Arts Fiesta had grown to must add that I am pleased that so many of down river. include 36 organizations. More than 1,000 vol- my high school graduating class are with us Local shores witnessed one of the darkest today. unteers were working to present artistic dis- days of the steamboat era when the steam- I acknowledge this honor with a deep sense boat Saluda called on the Port of Lexington plays from virtually every art and craft. of humility. Representing Missourians is in 1852. Encountering problems with the riv- In 1963, Mrs. C. Wells Belin, of Scranton, a such a privilege, as I have had a love affair er’s current and heavy running ice, the leader in the local art world, delivered the Fi- with the State of Missouri all my life. Suf- Saluda’s boilers exploded and more than 200 esta’s opening address. She spoke of the fice it to say that I will endeavor, in the passengers and crew perished. ‘‘four great assets of Fiesta.’’ She went on to days and years ahead, to merit this high During the War Between the States, describe those assets as ‘‘public relations honor. steamboats carried troops and acted as value . . . positive example for other cities This day opens a notable chapter in the armed transports, patrolling the river for history of Ray and Lafayette Counties, and . . . importance to industries already here and Confederates attempting to cross the wide in the history of our State. The taxpayers Missouri. those planning to come here and, finally, as a generously paid for the bridge and the sur- In the days before a bridge crossed the way of helping people broaden their horizons rounding roads, with the politicians and gov- wide Missouri here, ferries enjoyed brisk and appreciation of culture and the arts. ernment officials setting aside the money— business. The first ferry was established in Also in 1963, The Fine Arts Fiesta gained almost $53 million in Federal and State 1819 by Lexington’s founder, Gilead Rupe. national recognition after George Ralston, funds for the bridge itself. But the achieve- Both the steamboat and the ferry operations chairman of the Wilkes-Barre Recreation ment lies in the skill of the designers, engi- lost customers as railroads began to lay Board, nominated the Fiesta for an award neers, and laborers whose work translated their tracks throughout the west, but the from the National Recreation Committee. That our dream of a new bridge into reality, pro- ferry business held on, providing river cross- viding us with a safe way to travel and taking services until the opening of the bridge award was presented to Fiesta founder An- ing us into the future, across the wide Mis- in 1925. nette Evans in the presence of the late U.S. souri. Attempts to bridge the river between La- Congressman Daniel J. Flood. But because this is such a momentous day, fayette and Ray Counties were made in 1889 Mr. Speaker, please join me in congratu- it is appropriate to look back and reflect on and 1894, before what we now call the ‘‘old lating The Fine Arts Fiesta on a half century the previous chapters of our history that led bridge’’ was built across the wide Missouri.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.021 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1013 Construction began in 1922, and the bridge millions of cubic yards of debris washed down others. His colleagues remember him as opened on November 25, 1925. Even today, we the river valleys and into the Columbia River. someone who always had the knack for pro- can relate to the excitement and the antici- Tons of ash were strewn across eastern viding excellent insight and courageous guid- pation of those citizens who were anxious to use the bridge for the first time. Washington and into the Earth’s stratosphere. ance on countless situations aimed at enhanc- As we dedicate the new bridge, we open a After 18 years of relative quiescence, Mount ing the professionalism of the MPDP. He was new chapter of our history on the Missouri St. Helens’ volcano recaptured the world’s at- helpful to many junior officers, assisting them River. For almost 80 years, the old bridge tention in September of 2004 when it showed in their professional growth and development has served us faithfully. But after decades of signs of reawakening. On September 23 a to help them qualify for higher rank and re- service, it didn’t take an engineer to spot se- swarm of small, shallow earthquakes began in sponsibility, and he did this without asking rious problems. With portions of the old and beneath the 1980–1986 lava dome. Activ- anything in return. A respected member of the bridge floor falling through, and the crum- ity has continued on and off since then, with Phi Beta Sigma Fraternity, he was a golf en- bling of the sides, and the rusting of the su- the lava dome growing and letting off periodic perstructure, many have feared that our con- thusiast who was also fascinated with com- tinued use of the old bridge was an invita- steam eruptions. puters. tion to tragedy. The new bridge comes none To protect the safety of communities located Captain Alexander Ashe, Jr. is survived by too soon. near Mount Saint Helens, I worked with Con- his wife, MDPD Officer Patricia Ashe, son The safety factor is the most immediate gressman NORM DICKS and Senator PATTY James Ashe IV; daughters MDPD Officer benefit of the new bridge for those who cross MURRAY to secure an additional $1.5 million Deidre Ashe, Jasmine and Rene; his mother, the wide Missouri at this point. Countless for the United States Geological Survey in the Jefferine Richards, his extended police family drivers have suffered from white knuckles on Emergency Supplemental to conduct the nec- and numerous other relatives and friends. As the steering wheel every time they crossed essary monitoring of Mt. St. Helens. This fund- a public servant, Captain Ashe truly exempli- the old span. Safety comes first, but we cannot under- ing will increase the safety of citizens living fied a unique leadership whose courageous vi- estimate how important modem and well- near the area and help protect commercial air- sion and genuine caring for his fellow officers maintained roadways are for local economic craft. and the people whom he pledged to serve and development. A bridge that meets modem Today, to commemorate Mt. St. Helens’ 25 protect evokes the character of his humanity. standards will enable companies and manu- years of recovery and renewal, people are This is the legacy he left behind and it is how facturers to deliver and receive the goods gathering at Weyerhaeuser’s Forest Learning we will always remember him. they need to conduct business. It will allow Center at Mount St. Helens to reflect on the f farmers to safely transport agricultural 1980 devastation and celebrate 25 years of goods. It will allow residents and visitors nature’s recovery, including the return of for- IN RECOGNITION OF THE 2005 U.S. alike to travel freely and frequently. PHYSICS OLYMPIAD TEAM This bridge symbolizes progress and that ests, plants, and wildlife. Additionally, essential quality of American optimism: Weyerhaeuser is pledging $1 million in wood faith in the future; belief in ongoing pros- products, funding, and volunteer labor to help HON. VERNON J. EHLERS perity; and our continuing effort to improve build Habitat for Humanity homes at the 2005 OF MICHIGAN our country that has allowed America to Jimmy Carter Work Project and in other com- IN THE HOUSE OF REPRESENTATIVES prosper. munities across the United States and Can- Wednesday, May 18, 2005 For thousands of years, the river has been ada. witness to history. The new bridge will bear Mr. EHLERS. Mr. Speaker, I rise today to f witness as those who cross the wide Missouri honor the achievements of the members of follow this road and add new chapters to the TRIBUTE TO THE LATE history of America. the 2005 United States Physics Olympiad Today, we celebrate. This achievement is a ALEXANDER ASHE, JR. Team. These 24 individuals have shown tre- milestone for our state of Missouri. When mendous aptitude in physics and leadership you cross the bridge over the Missouri River, HON. KENDRICK B. MEEK amongst their peers. look down, and in your mind’s eye, imagine OF FLORIDA It is very challenging to earn a spot on this the boatmen of the early 1800s as they pole IN THE HOUSE OF REPRESENTATIVES prestigious team. After being nominated by their flatboats down the river toward the their high school teachers and taking a pre- Port of St. Louis. And, if you listen intently, Wednesday, May 18, 2005 liminary exam, 200 students qualified to take you will hear them singing that chanty of the day— Mr. MEEK of Florida. Mr. Speaker, I want to the second and final screening exam for the bring to the attention of my colleagues the U.S. Physics Team. The 24 survivors of that Shenandoah, I long to hear you, Away, you rolling river, passing of Captain Alexander Ashe, Jr., an ac- group represent the top physics students in Oh, Shenandoah, I long to hear you, complished law enforcement professional and the U.S., and they are now at a 9-day training Away, I’m bound away, tireless community servant and activist, who camp of intense study, examination and prob- ’Cross the wide Missouri. died last Friday, May 13, 2005. Captain Ashe lem solving. Five of these students will ad- f joined the Miami-Dade Police Department vance and compete for our country in July at (MDPD) in December 1973. He leaves behind the International Physics Olympiad in RECOGNITION OF 25TH ANNIVER- a legacy of achievement and inspiration, for Salamanca, Spain. SARY OF MT. ST. HELEN’S ERUP- he was an example of what genuine caring Members of the 2005 team include: Thomas TION and unrelenting commitment can accomplish. D. Belulovich, David Chen, Timothy F. Credo, His passing is a great loss for our community. Nickolas A. Fortino, YingYu Gao, Sherry HON. BRIAN BAIRD To let you know the kind of man Captain Gong, Timothy H. Hsieh, Anthony E. Kim, OF WASHINGTON Ashe was, I want to share with my colleagues John Y. Kim, Jenny L. Kwan, Chor Hang Lam, IN THE HOUSE OF REPRESENTATIVES this passage from his last job evaluation, in Samuel S. Lederer, Menyoung Lee, David Lo, 2002, which included the following: ‘‘He has Anton S. Malyshev, Sarah E. Marzen, Eric J. Wednesday, May 18, 2005 demonstrated concern for his subordinates, Mecklenburg, Aaron H. Potechin, John D. Mr. BAIRD. Mr. Speaker, I rise today in rec- making himself available for guidance and di- Schulman, William T. Throwe, Madeleine R. ognition of the 25th anniversary of the eruption rection. He encouraged his personnel to seek Udell, Ameya A. Velingker, Daniel P. Whalen of Mt. St. Helens. personal growth through departmental training and Fan Zhang. At 8:32 a.m. on May 18, 1980, Mount St. and the promotional process.’’ MDPD Major Mr. Speaker, as a nuclear physicist and for- Helens erupted. The eruption lasted 9 hours, Chester Butler described Captain Ashe as mal physics professor, I have worked to pro- killed 57 people, and devastated 234 square ‘‘. . . someone who thought along the same mote math and science education and to em- miles of land. The landscape and community line as I did . . . it was the best working rela- phasize the pivotal role these fields play in our of southeast Washington were forever altered. tionships I’ve been fortunate to have in my ca- nation’s economic competitiveness and na- The eruption was triggered by an earth- reer. I could always depend on him to be tional security. Educating our K–12 students in quake measuring 5.1 on the Richter scale that there for me.’’ math and science is very important. It is en- shook the northern face of the mountain, As a resident of our community, he provided couraging to see so many young, outstanding causing a massive avalanche of rock debris. great wisdom and inspiration on issues affect- physics students enthusiastic about science. I This landslide opened a crater that engulfed ing the Miami-Dade Police Department and hope their enthusiasm will be contagious to the mountain’s summit and produced a mas- was willing and ready to give of himself and other students who will be drawn to chal- sive lateral blast eruption. Mudflows carrying put his problems on the back burner to help lenging and rewarding careers in math and

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.025 E19PT1 E1014 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 science. I am very thankful for these future has three sons, Michael, Andrew and Patrick Iraqi people and a source stability and calm in leaders and ask that you please join me in with four grandchildren, Morgan, Drew, Paul Iraq and move to remove them from the ter- congratulating them on their wonderful and Brad. rorist list, which would in turn lead to the re- achievements. Mr. Speaker, Harper Davis has now been moval of the restrictions placed on them.’’ f coaching football for over 50 years and he Lt. Colonel Thomas Cantwell: ‘‘When I continues today at Jackson Academy, where moved up into northern Diyala province [in RECOGNIZING JULIUS HARPER four of my sons attend. His gentle firmness Iraq], the relationship with the Mojahedin with DAVIS and wise lessons continue to build young men the local community helped me in that regard, in Mississippi. I am glad to recognize him I think because most of the local sheiks, un- HON. CHARLES W. ‘‘CHIP’’ PICKERING today and honor a lifetime of service. derstanding as part of the Sunni triangle, OF MISSISSIPPI f weren’t exactly trusting of coalition forces but IN THE HOUSE OF REPRESENTATIVES they seemed to have some level of trust with EXCERPTS FROM CONGRESSIONAL the Mojahedin, and so what I sought to get Wednesday, May 18, 2005 BRIEFING BY IRAN HUMAN them to come in to get to speak to them and Mr. PICKERING. Mr. Speaker, recently, RIGHTS AND DEMOCRACY CAU- to understand what their issues were, was Millsaps College in Jackson, Mississippi dedi- CUS their security issues, their infrastructure repair cated Harper Davis Field to a man who issues, they lack of support issues, and to try coached there for 25 years, and who has built HON. TOM G. TANCREDO and help them understand what our operations a lifetime legacy of service to sport and his fel- OF COLORADO were doing and to ensure that they under- low man across the state. Coach Harper IN THE HOUSE OF REPRESENTATIVES stood why we were under taking our oper- Davis, affectionately called ‘‘Hippo’’ by friends ations. It certainly helped to have that friendly and teammates, called the rededication of Wednesday, May 18, 2005 relationship that they had with the Mojahedin Millsaps’ Alumni Field to him the ‘‘greatest Mr. TANCREDO. Mr. Speaker, last month, because it helped me to break the ice with the honor of my life.’’ And while leading the leaders and representatives of 65 Iraqi political local sheiks which I think was important. My Millsaps Majors he built a record of 138–79– parties and groups unveiled a petition signed mission had several different aspects to it. On 4 including an undefeated season in 1980, his by 2.8 million Iraqis, sharply criticizing neigh- the one hand, we had a Geneva Convention life has much more to honor. boring Iran’s interference in Iraq and warning responsibility to safeguard the Mojahedin, and At age 17, Harper Davis left his Delta home of the specter of ‘‘Islamic fundamentalism’s this was a real possibility since there was evi- in Clarksdale, Mississippi and enlisted in the stealthy domination’’ of their country. Iraqi sig- dence at the camp that the camp had been US Marines Air Corps as a pilot to serve his natories included ethnic Arabs, Kurds, and previously attacked by the Iranian govern- Nation in World War II. After the War was Turkmen, from different religious backgrounds, ment.’’ over, he was met at Texas Grand Prairie Air including Sunni Muslims, Shiite Muslims, Captain Vivian Gembara: ‘‘As a soldier and Station by Mississippi State University assist- Christians, and people of other faiths. a lawyer I believe it’s time to change their ant coach Phil Dickens who had the Bulldogs’ The petition offered strong support to the (MEK) classification as a terrorist organization. playbook in hand. Two days later they arrived main Iranian opposition group, the People’s Two years ago we could say clearly or argue in Starkville for two practices before his first Mojahedin Organization of Iran (PMOI). The that it was in all of our best interest to main- game where Davis scored two touchdowns as Iraqi statement said that the PMOI was fight- tain this label, even despite Special Forces MSU defeated Auburn 20–0. Two days of ing a ‘‘legitimate struggle against an unjust recommendations out of natural weariness. study and two days of practice were followed dictatorship’’, adding Iran’s meddling was the Now two years have passed and I think it’s by two touchdowns. In addition, during those biggest cause of instability in present-day Iraq. crucial that we acknowledge that the situation two days, Harper Davis met Camille, his future They also said the PMOI should be recog- has changed, and we need to reassess. The wife. He would go on to be named to the AII– nized in Iraq as ‘‘a legitimate political move- potential benefits of working together definitely SEC team while at State where he also ran on ment’’ and the rights of its members, under overshadow previous concerns or hesitations the school’s track team. He was co-captain of Iraqi and international law, fully respected. A that we had. Next of course is identifying your the football team, voted Best Athlete, Presi- Congressional Briefing was convened by Iran allies, and over two years have passed now dent of the ‘‘M’’ Club and named ‘‘Mr. Mis- Human Rights and Democracy Caucus on since I met with the MEK but my question is sissippi State University.’’ Additionally he was May 10, 2005 to discuss these developments. still the same and hasn’t changed at all. It’s a member of the Kappa Sigma Fraternity, Om- I ask that the following excerpts of the wit- basically why we can’t take maximum use of icron Delta Kappa, Blue Key and the Colonels nesses’ speeches, as follows, be entered into the assets and potentials of this ally here? ’’ Club. the RECORD. Furthermore, I ask that it be Dr. Kenneth Katzman: ‘‘The broader re- He graduated from Mississippi State with a noted that the remarks of those witnesses gional effects of the pro-Iranian tilt of the new bachelor of science degree in business fi- connected to the US military are not to be at- Iraqi government are hard to discern. It is like- nance and mathematics in 1948, in 1962 tributed to the U.S. Department of Defense, ly that the new Iraqi government might support earned a master’s degree in education admin- but taken as personal observations offered by Iran against international criticism of Iran’s istration. each witness. growing nuclear program. Iraq might move After leaving Mississippi State University, Dr. Abdullah Rasheed Al-Jabouri, Former closer to Iranian positions on the Arab-Israeli Harper Davis was a first-round draft choice of Governor of the Iraqi Province of Diyala: ‘‘I peace process. It is also likely that the Shiite- both the Chicago Bears of the National Foot- must emphasize that among the 2.8 million dominated new government of Iraq will sup- ball League and the Los Angeles Dons of the Iraqis who signed the petition of support, there port other Shiite movements in the region, All-American League. Harper Davis played are many Kurds, Turkomans, Shiites and such as in Bahrain, Kuwait, and Saudi Arabia. one year with the Dons before the league fold- Christians. Last June, 50,000 Iraqis attended a Some commentators say Iraq’s new leaders ed and then went on to play with the Bears as major gathering at Ashraf, which I addressed, are likely to remain wary of Iran exercising well as the Green Bay Packers. Many consid- and in May, 500,000 Iraqis signed a petition substantial influence in Iraq. They note that ered him the fastest man in the NFL. calling for the continued presence of the group most Iraqi Shiites generally stayed loyal to the Over the years, Harper Davis has coached in Iraq as a legitimate political force. The fact Sunni-dominated Iraqi regime during the Iran- the backfield at his alma mater as well as is that by virtue of espousing an anti-fun- Iraq war. Most Iraqi Shiites appear not to want head coach at West Point High School, and damentalist Islam, the Mojahedin has emerged a cleric-run Islamic regime.’’ Columbus High School before arriving at as a major bulwark against the rise of Islamic f Millsaps College. He has been inducted into fundamentalism in Iraq, and especially the Ira- IN MEMORY OF MAJOR EDDIE the Mississippi State Sports Hall of Fame and nian meddling. They have developed strong WHITEHEAD the Mississippi Sports Hall of Fame and was ties with the local people and the many tribes named Mississippi Sportsman of the Year in in the province. The sheer presence of the HON. J. D. HAYWORTH 1976. He has been honored nationally for his Mojahedin (MEK) was providing security to the OF ARIZONA contributions to the sport of football and his region because the people in the province IN THE HOUSE OF REPRESENTATIVES work with the Cystic Fibrosis Foundation. have complete trust in them. It is my hope that Harper Davis is a member of Christ United as we and the U.S. grapple with the problem Wednesday, May 18, 2005 Methodist Church and with his now departed of insurgency in Iraq, the United States would Mr. HAYWORTH. Mr. Speaker, on May 27, wife, the former Camille Hogan of Starkville, realize that the Mojahedin are friend of the 2005 a courageous and distinguished Marine

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.028 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1015 will be laid to rest in Arlington National Ceme- TRIBUTE TO JENNY PHILLIPS As I prepare for all the freedoms and re- tery. Major Eddie Whitehead, a respected sponsibilities of adulthood, I remember these Vietnam veteran who proudly served his coun- definitions of freedom I have inherited, and HON. SHELLEY MOORE CAPITO strive to make ones of my own—not only as try in the United States Marine Corps for 28 OF WEST VIRGINIA the first generation of my family born in a years, will be laid to rest today among other IN THE HOUSE OF REPRESENTATIVES new country, but also as an American youth great American heroes at Arlington National Wednesday, May 18, 2005 at the birth of a new century. Sitting in the Cemetery. On February 25, 2005 Major White- hall between classes, my friends and I dis- head lost his battle with cancer, and all who Mrs. CAPITO. Mr. Speaker, I rise today to cuss the faults of our school’s administra- knew and loved him will miss him, including ask my colleagues to pay tribute to a woman tion, the right to same-sex marriage, the jus- his wife Bonnie, son Eddie Jr., daughters who has made an incredible difference in the tification for the Iraq War. We feel it is our lives of my fellow West Virginians. Jenny Phil- right to know and evaluate our sur- MitziLynn Keegan and Christian Thijm, sister roundings, to speak and have our ideas re- Mitzi Datres, and grandchildren Derek and lips has served honorably as the West Virginia USDA Rural Development Director, and is responded to. Casey Jene. Let us pause to remember him I believe that freedom in the 21st century and thank an American hero. tiring with a record of accomplishment that demeans the liberty of individuals, regardless serves our thanks and praise. Our State has of age, race, gender, or class, to express many assets, as well as many needs. Jenny f themselves in their own words, and to use has a unique ability to bring people together those words to shape history. We celebrate IN MEMORY OF OFFICER JAMES for a common cause, to bring the resources of it, and yet we never stop fighting for it. I am Korean-American, I am young, and I am free. DANIEL JONES the Federal Government to partner with communities to solve problems and build for the I speak—not always articulate, not often future. Whether it was basic necessities such right, but always in my own words. I speak, and I listen. HON. JOE BACA as water and sewer lines and affordable housing, or visionary projects such as high-speed f OF CALIFORNIA internet access to bring health care, education LETTER TO PRESIDENT BUSH RE- IN THE HOUSE OF REPRESENTATIVES and high-tech jobs to rural areas, Jenny deliv- GARDING LUIS POSADA ered for West Virginia. We are taught to al- CARRILES Wednesday, May 18, 2005 ways leave a place better than we found it. Jenny Phillips has been the embodiment of HON. DENNIS J. KUCINICH Mr. BACA. Mr. Speaker, it is with great re- those values in her life and career. All West spect that I pay tribute today to the life of OF OHIO Virginians and Americans thank her for her ex- IN THE HOUSE OF REPRESENTATIVES James Daniel Jones. James was a man of emplary service and send our sincere best great integrity and character, who honorably wishes for her retirement. Wednesday, May 18, 2005 served both his country and his community. f Mr. KUCINICH. Mr. Speaker, today 20 Rep- James passed away on May 10, 2005 at the resentatives sent to President Bush the fol- age of 75. He was born in Minden, Louisiana, TRIBUTE TO MIHAN LEE lowing letter regarding the asylum application but in 1957 made his home in Barstow, Cali- of terrorist Luis Posada Carriles and the extra- fornia, where he resided until his passing. HON. CHRIS VAN HOLLEN dition request from Venezuela: James married Louvern Redwell in 1953, and OF MARYLAND DEAR MR. PRESIDENT: We are writing to they had seven children, including my good IN THE HOUSE OF REPRESENTATIVES urge you to oppose the application for asy- friend Brian Jones. Wednesday, May 18, 2005 lum by Luis Posada Carriles, and to support the request for extradition to Venezuela, James honorably served our country Mr. VAN HOLLEN. Mr. Speaker, I rise today where he is a fugitive from justice. throughout his life. He was drafted into the to pay tribute to Mihan Lee, an 11th-grader Posada, a CIA-trained Cuban exile, is one United States Army in 1951 and served for 2 who lives in my Congressional district and at- of only two prime suspects in the bombing of years and was honorably discharged. He went tends Georgetown Day School. Recently, she a Cuban civilian airliner, which killed all 73 on to spend 32 years as a civil employee of competed against nearly 5,400 middle and people onboard on October 6, 1976, according the U.S. Marine Corps. high school students nationwide in an essay to FBI investigators and declassified documents. The plane had originated in Caracas In addition to serving his country, James contest titled ‘‘Lincoln and a New Birth of and was bound for Cuba, with a stop in Bar- also served the people of his community. He Freedom.’’ Her essay, ‘‘A New Country, a New bados. The bomb went off as the plane was volunteered at the Mojave Valley Senior Cit- Century, a New Freedom’’ earned her grand leaving Barbados. izen Center and provided transportation for the prize honors. The contest was held to com- In addition to the Cuban airline bombing, memorate the opening of the Abraham Lincoln Posada is implicated in an act of terrorism sick and the elderly. He also was active in the that took place on American soil, here in lives of the youth in the community, as an Presidential Library and Museum in Spring- field, Illinois. Mihan, a 17-year-old, second- Washington, DC. On September 21, 1976 East Barstow Little League coach. He also former Chilean government minister Orlando had a deep relationship with Christ, and was generation Korean-American, read her award- Letelier and his American associate, Ronni an active member of the Union Missionary winning prose during the dedication ceremony. Moffit, were killed by a car bomb near Baptist Church. Although Mihan’s essay was not specifically Sheridon Circle. The bombing was one of the about President Lincoln, she captured his worst acts of foreign terrorism on American James was preceded in death by his par- message of freedom and courage in a story soil to that date. ents, Eli and Freelove Jones; his brother, An- about her great-grandfather, who lived in Carter Cornick, a retired counterterrorism drew Jones; and his three sisters, Donnie Korea under Japanese colonization. specialist for the FBI who worked on the Jones, Lorean Stewart and Ella Mae Andrews. Mr. Speaker, I applaud Mihan Lee and wish Letelier case, said in an interview that both her continued success in the years ahead. I the airline bombing and the Letelier bomb- He is survived by his beloved and dear wife ing were planned at a June 1976 meeting in of 52 years, Louvern Jones; his sister, Mary submit her essay for the RECORD. Santo Domingo attended by Posada in addi- Helen Smith; his brother, Eddie Jones; and his A NEW COUNTRY, A NEW CENTURY, A NEW tion to others. Mr. Cornick said that Posada seven children, Loretta Johnson, Shirley FREEDOM was involved ‘‘up to his eyeballs’’ in plan- Sherrod, Donny Jones, Donie Elliott, Jennifer My understanding of freedom is inex- ning the attacks. At the time of the bomb- Jones-Scott, Vivian Brooks and Brian Jones. tricably tied up with my understanding of ings, Venezuelan police found maps and He is also survived by twelve grandchildren, language. My great-grandfather, in 1940s other evidence in Posada’s Venezuelan home Korea, was arrested for putting together the that tied him to the terrorist acts. Further- two great-grandchildren, and many nieces, first Korean dictionary, when the language more, a recently declassified 1976 F.B.I. docu- nephews, and other relatives and friends. had been banned by the Japanese government confirms Posada’s presence at two Mr. Speaker, today I am proud to pay tribute ment. My great-grandfather believed that meetings in the Anauco Hilton Hotel in Ca- to James Jones, a man who improved the words, the medium by which we formulate racas where the airline bombing was and share ideas, can bind and break the very planned. lives of those he knew. James will be missed ideas they express if the language is that of Posada, a dual citizen of Venezuela and by many in his community, but he will certainly an oppressor. He fought for the freedom of Cuba, and a former Venezuelan intelligence not be forgotten. He leaves behind him a leg- his people to express ideas in their own agent, was jailed in Venezuela for the airline acy of caring and compassion, of unselfish words; in so doing, he defended their very bombing, but then escaped from prison in dedication to his community and his country. right to have ideas. 1985 while awaiting trial.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K18MY8.002 E19PT1 E1016 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 After escaping prison, Posada continued to and Jordan, all countries whose abusive Unit at the Marine Corps Institute, Security terrorize civilians, and even boast publicly practices have been documented and con- Detachment Commander at Camp David, about his crimes. In a 1998 interview with the demned by the State Department’s annual White House Social Aide, and Leader of the New York Times, he claimed responsibility human rights report, then the United States for organizing a series of bombings aimed at must surely apply this policy to Venezuela, a Special Ceremonial Platoon. Cuban hotels, department stores and other nation with a Constitution that specifically In April of 1971, Peter was promoted to the civilian targets during the summer of 1997. prohibits torture and provides for the pros- rank of Captain, and was later assigned to a The bombings killed an Italian tourist and ecution of officials who instigate or tolerate Security Detachment in Thailand. In the late injured 11 other human beings. torture. 1970’s, then-Captain Peter Pace held the po- Perhaps realizing he had not helped him- Many innocent victims who happened to be sition of Operations Officer and Division Staff self or his cause, Posada later retracted his Cuban died at the hands of Posada, in a Secretary at Camp Pendleton in Southern statements. crime similar to that which killed innocent California, where he later served as Com- In November 2000, Posada was arrested in American victims on September 11, 2001. It is Panama for preparing a bomb to explode in not only inconceivable to imagine the possi- manding Officer of the 2n Battalion, First Ma- the University of Panama’s Conference Hall, bility of granting this terrorist asylum, but rines Division following his promotion to the where Fidel Castro was going to deliver a also of denying justice to all of the victims rank of Major in June of 1980. After heading speech. Hundreds of people were expected to of his crimes. Such actions would go against up a Marine Corps Recruitment Station in Buf- attend this event, and had Cuban intel- everything that your Administration has falo, NY and attending the National War Col- ligence not uncovered the plot beforehand, claimed to stand for in the ‘‘War on Ter- lege, Major Pace was promoted to the rank of there would have been massive civilian cas- rorism.’’ It is our hope that for the sake of Colonel in October of 1988, and advanced to ualties. Posada was convicted in a Panama- all the families of terror casualties in the the rank of Brigadier General in April of 1992. nian court only to be pardoned by Panama- United States and around the world that nian President Mireya Moscoso just days be- Luis Posada Carriles is not granted asylum He was then appointed as President of the fore she left office in August 2004. in the United States, and that he is right- Marine Corps University before assuming var- Moscoso’s successor, Martin Torrijos, criti- fully extradited to Venezuela where he will ious other commands. In recent years, as cized the pardon, aptly noting, ‘‘For me, finally face justice. Vice-chairman of the Joint Chiefs of Staff, there are not two classes of terrorism, one Sincerely, General Pace has been instrumental in shap- that is condemned and another that is par- Dennis J. Kucinich, Raul M. Grijalva, ing the Pentagon’s efforts in the war on ter- doned. ‘‘ Jose´ E. Serrano, Barbara Lee, Cynthia Similarly, in 1989, when the Justice De- rorism. McKinney, Maurice Hinchey, John W. Mr. Speaker, I ask my distinguished col- partment was considering the asylum re- Olver, Bobby L. Rush, James P. quest of Posada’s fellow Miami militant, and McGovern, Edolphus Towns, Donald M. leagues to join me in giving our heartiest con- suspected co-conspirator in the Cubana Payne, Sam Farr, Lane Evans, Bennie gratulations to General Peter Pace, the new bombing, Orlando Bosch, then-Associate U.S. G. Thompson, Carolyn B. Maloney, Ed Chairman of the Joint Chiefs of Staff of the Attorney General Joe D. Whitley said, ‘‘The Pastor, Tammy Baldwin, Sheila Jack- United States Armed Forces, and a proud ex- United States cannot tolerate the inherent son Lee, Lynn Woolsey, Maxine Wa- ample of the Teaneck Public School System. inhumanity of terrorism as a way of settling ters. His remarkable achievements and tireless disputes. Appeasement of those who would use force will only breed more terrorists. We f service to his country, the United States Ma- rine Corps, and his fellow servicemen and must look on terrorism as a universal evil, IN RECOGNITION OF GEN. PETER women clearly are a tremendous source of even if it is directed toward those with whom PACE, CHAIRMAN OF THE JOINT we have no political sympathy.’’ pride for all Americans and especially all his CHIEFS OF STAFF Aside from the United States’ foreign pol- friends and family from New Jersey. icy regarding Cuba, our stated, official na- f tional security policy against terrorism is HON. STEVEN R. ROTHMAN unequivocally clear. OF NEW JERSEY PERSONAL EXPLANATION On September 19, 2001, Mr. President, you eloquently reaffirmed our national policy IN THE HOUSE OF REPRESENTATIVES against terrorism: ‘‘Anybody who harbors a Wednesday, May 18, 2005 HON. J. GRESHAM BARRETT terrorist, encourages terrorism, will be held OF SOUTH CAROLINA Mr. ROTHMAN. Mr. Speaker, I rise today accountable. I would strongly urge any na- IN THE HOUSE OF REPRESENTATIVES tion in the world to reject terrorism, expel with great pride in honoring an extraordinary terrorists. ‘‘ individual, Marine Corps General Peter Pace, Wednesday, May 18, 2005 On August 26th, 2003 you said, ‘‘If you har- who was recently nominated to serve as the Mr. BARRETT of South Carolina. Mr. bor a terrorist, if you support a terrorist, if Chairman of the Joint Chiefs of Staff of the Speaker, due to obligations in South Carolina, you feed a terrorist, you are just as guilty as United States Armed Forces. General Pace the terrorists.’’ The National Security Strat- I unfortunately missed recorded votes on the egy of the United States, released in 2002 was raised in Teaneck, New Jersey, one of House floor on Monday, May 16, 2005. stated, ‘‘No cause justifies terror. The the largest municipalities in the Congressional I ask that the RECORD reflect that had I United States will make no concessions to District that I am privileged to represent. Gen- been able to vote that day, I would have voted terrorist demands and strike no deals with eral Pace has risen to become the first Marine ‘‘yes’’ on rollcall vote No. 171 (Motion to Sus- them. We make no distinction between ter- to lead the Joint Chiefs of Staff, an honor that pend the Rules and Pass H.R. 627—Linda rorists and those who knowingly harbor or he has earned through decades of hard work White-Epps Post Office), ‘‘yes’’ on rollcall vote provide aid to them.’’ and determination. His story is a source of in- No. 172 (Motion to Suspend the Rules and Not only must the United States reject the spiration to every resident of the Garden asylum application of Luis Posada Carriles, Pass H. Res. 266—Peace Officers Memorial a known international terrorist, but Posada State. Day), and ‘‘yes’’ on rollcall vote No. 173 (Mo- should also be returned to Venezuela for a The son of an Italian immigrant, Peter Pace tion to Suspend the Rules and Pass H.R. proper adjudication of the case against him. was born in Brooklyn, New York, and moved 2107—National Law Enforcement Officers Me- Posada was a dual citizen of Venezuela and to Teaneck with his family the following year. morial Maintenance Fund). Cuba, he plotted terrorist crimes from Ven- After settling down in a home on Hillside Ave- f ezuela, including the bombing of the civilian nue, Peter quickly became involved in local airline flight that had originated in Ven- youth athletics. While attending Teaneck High IN HONOR OF ALICE YARISH ezuela, and he escaped from a Venezuelan School, Peter worked hard and achieved aca- prison. As a sovereign nation, Venezuela has the right to pursue justice in this case. demic excellence, which resulted in his ac- HON. LYNN C. WOOLSEY Posada’s lawyer Eduardo Soto has objected ceptance to the United States Naval Academy OF CALIFORNIA to his client’s return to Venezuela, arguing in 1963. IN THE HOUSE OF REPRESENTATIVES that he could be tortured there. To satisfy Upon graduation from Annapolis and suc- such concerns, the United States should cessful completion of The Basic School in Wednesday, May 18, 2005 abide by its standard policy on these mat- Quantico, VA, Peter Pace was assigned to the Ms. WOOLSEY. Mr. Speaker, I rise today to ters, which according to William Haynes II, 2nd Battalion, 5th Marines, 1st Marine Division honor Alice Yarish of Marin County, California, general counsel of the Defense Department, ‘‘is to obtain specific assurances from the re- in the Republic of Vietnam and served as a who died at the age of 96 on May 9, 2005. ceiving country that it will not torture the Rifle Platoon Leader. After returning from his Alice was a fixture of the Marin community for individual being transferred to that coun- combat duty in Vietnam, Peter served in a many years, known as much for her out- try.’’ If this policy is applied in the transfer- number of different staff and command posi- spoken and occasionally flamboyant personal ring of prisoners to Syria, Morocco, Egypt tions, including Head of the Infantry Writer style as for her crusading journalism.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.033 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1017 Born in Nevada and raised in Redondo one major difference from previous gradua- [From the Sioux Falls Argos Leader, May 15, Beach, CA, Alice’s first foray into journalism tions—it will mark the last time that Dr. Karen 2005] was a stint as the high school correspondent Herzog presides over her students in her offi- A DEVOTED LIFE for the city’s South Bay Breeze. She grad- cial capacity as the college’s President. (By Jill Callison) uated from the University of Southern Cali- As such, I rise today to honor Dr. Karen MITCHELL.—ELEANOR MCGOVERN ENTERED fornia during the depression and, unable to Herzog for her distinguished academic career MARRIAGE HOPING ONLY THAT HER HUSBAND, find a job, enrolled in law school, continuing a and commitment to higher education. Dr. GEORGE, WOULD RETURN FROM WAR UN- family tradition. She could not afford to com- SCATHED. Herzog grew up in Carthage, Missouri and If he did come back, she expected to be the plete the program and supported herself as a studied at Ozark Christian College in nearby wife of a history teacher. social worker for the next five years. Joplin where she earned a B.A. in literature. Instead, she found herself spending more In 1942 Alice married Peter Yarish who was She subsequently earned a master’s degree in than 50 years as a politician’s wife. But she in the Air Force. A few years later the couple American literature from Kansas State Univer- also carved out a place for herself, becoming moved to Hamilton Air Force Base in Marin sity and later a Ph.D. in higher education pol- more than ‘‘the wife of.’’ where Alice lived the life of a military wife for icy from the University of Kansas. Indeed, George McGovern’s career—which includes 12 years as a U.S. senator, Demo- several years while raising four children. In Dr. Herzog started her academic career at 1952, when her children were school-age, she cratic presidential candidate and ambas- the Metropolitan Community College District sador to United Nations agencies—may not was able to return to journalism at the age of system located in the greater Kansas City have soared as high as it did without his 43. First a reporter for the San Rafael Inde- area where she taught English. After fifteen wife’s support, some say. pendent Journal, she later worked for the years, Dr. Herzog moved into an administra- ‘‘He may not have had the political career Santa Rosa Press Democrat and the Novato tive role at the college. She rose through the he has had without her,’’ says Judy Har- Advance before establishing the Marin News ranks and eventually assumed the position of rington of Hill City, who served as George Bureau for the San Francisco Examiner. In Associate Vice Chancellor of Education. In McGovern’s state representative from 1973 to 1970 she became the assistant editor of the 1980. 1999, East Central College offered Dr. Herzog ‘‘I think her support, her insights, ideas Pacific Sun where she gained a reputation for the Presidency, which she accepted. and gentle corrections have helped him all dry wit, investigative coverage of local govern- For the past six years, Dr. Herzog has along his path of public service.’’ ment, social commentary on the hippie scene, made an indelible mark on the students of The senator himself describes his wife of 61 and a strong passion for social justice. East Central College and residents of Franklin years as his most helpful critic and most Prison reform became one of Alice’s special County. She has chaired the Franklin County trusted adviser. On June 23, ground will be broken for a crusades after she met well-known inmate Economic Development Council and been a George Jackson who was later killed in an at- new library and center for public service at member of the Franklin County Family and Dakota Wesleyan University in Mitchell. tempted outbreak. ‘‘Jackson opened my eyes Children Mental Health Board, the Washington The building will carry two names: George and filled me with information which I had not 353 Redevelopment Corporation and the and Eleanor McGovern. known before,’’ she wrote. ‘‘I was shocked by Union Rotary Club. While at East Central, Dr. ‘‘Eleanor’s done a lot of great things, and what I learned . . . prisons tend to be breed- Herzog established a centralized Learning we’re proud of her at Dakota Wesleyan,’’ ing grounds of crime, generators of bitterness, Center for students, earned full ten-year ac- says Greg Christie, vice president for institu- destructive of men’s souls. They are a failure.’’ creditation from the North Central Association tional advancement. A 1972 series on abuses in the Marin Coun- But a public life can come at a cost. of Colleges and Schools and attained record Eleanor McGovern, now 83 and growing ty Drug Abuse Bureau led to its abolition and enrollment levels. Dr. Herzog has clearly had frail, prefers to shun the spotlight that once replacement with an agency which operates a positive impact on the community, on East shone on her family, sometimes with a under review by elected officials and city man- Central College, and most importantly, on the scorching heat. agers. This series led to an Award for ‘‘Best students that have received a quality edu- ‘‘George still travels a lot, but I don’t go Story in a Bay Area Paper’’ from the San cation as a result of her efforts. with him very often,’’ she says, sitting in the Francisco Press Club. Alice’s enjoyment of her living room of their Mitchell ranch-style It has been a pleasure working with Dr. house. ‘‘Going from city to city and lecture work and zest for life were contagious, wheth- Herzog and I wish her continued success in er leading her home-town parade in her newly to lecture isn’t my idea of fun. I like to go her future endeavors. Her dedication to Mis- to one place and stay for a while.’’ purchased red convertible at the age of 77 or souri’s students is exemplary and deserving of Last week, the McGoverns took off on a serving actively with community agencies such commendation. For these reasons, it is my three-day trip to reach their summer home as the Adult Criminal Justice Commission, the pleasure to rise and share her accomplish- in southwestern Montana, in the shadow of Marin Association for Mental Health, and oth- ments with my colleagues. the Bitterroot Mountains. ers. The trip takes three days, Eleanor McGov- Alice is survived by her four sons, Peter, f ern says, to make it easier on the pets, an 8- year-old Newfoundland named Ursa and a 1- Tom, Anthony, and Robin Ell, and by seven TRIBUTE TO ELEANOR MCGOVERN year-old tortoiseshell cat found on the high- grandchildren and three great-grandchildren. way. Its name, she admits with a trace of Mr. Speaker, as a self-described ‘‘outspoken HON. JAMES P. McGOVERN embarrassment, is Kittycat. broad,’’ Alice championed those who couldn’t OF MASSACHUSETTS Ursa, they say, is George’s dog. But the speak out for themselves and inspired others nurturing Newfie proved her loyalty about IN THE HOUSE OF REPRESENTATIVES to do likewise. We will miss her fearless voice, three years ago. Eleanor McGovern had fall- her compassion, and most of all her un- Wednesday, May 18, 2005 en, breaking her leg in two places. She dragged herself to her bedroom but was un- daunted spirit. Mr. MCGOVERN. Mr. Speaker, when able to reach the phone. Ursa curled herself f George McGovern ran for president in 1972, around the prone woman for 24 hours, until IN HONOR OF DR. KAREN HERZOG his wife Eleanor inspired the slogan, ‘‘Put an- help arrived. other Eleanor in the White House.’’ Eleanor Yet, although she’s often alone and some- McGovern, like Eleanor Roosevelt, has a deep times lonely, Eleanor continues to support HON. KENNY C. HULSHOF love for this country and has dedicated much her husband’s public service, no matter how OF MISSOURI of her life to causes and campaigns that would often he must leave. IN THE HOUSE OF REPRESENTATIVES make this country—and the world—a better ‘‘She started off carrying that load when Wednesday, May 18, 2005 he was gone in the war after they were mar- place. ried,’’ says Paul Jensen of Rapid City, a Mr. HULSHOF. Mr. Speaker, on May 20th, I’ve known Eleanor for many years and longtime friend. East Central College in Union, Missouri will have admired her intellect and compassion. ‘‘But today I am more aware of the jux- watch with pride as young men and women She was an early advocate for early childhood tapositions of love and deprivation in my receive their diploma and enter the working education and, like her husband, has been a childhood, of freedom and responsibility in world. Commencement is a joyous time filled voice of peace and tolerance. my youth, and of tenderness and chaos in my with celebrations and happiness, but also sad- Mr. Speaker, I would like to insert into the maturing years. Without those myriad strands it would have been more difficult, I ness and trepidation as students begin their RECORD a recent article about Eleanor know, to accept the different drives and na- adult lives and careers in new cities, often McGovern which appeared in the Sioux Falls tures of five children, to support a gentle, leaving friends behind. Argus Leader on May 15th. I ask all my fellow questing man as he moved from teaching to East Central College’s upcoming graduation colleagues to join me in paying tribute to this the ministry to politics, and to keep some- will be no different. There will, however, be remarkable woman. thing in reserve for myself.’’ From ‘‘Uphill:

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.037 E19PT1 E1018 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 A Personal Story’’ by Eleanor McGovern ‘‘I had really wanted to get pregnant,’’ she The sadness from her daughter’s death will with Mary Finch Hoyt. says. ‘‘George was going overseas, and I never leave Eleanor McGovern. Eleanor McGovern began that uphill climb wanted to have a baby.’’ ‘‘There are pictures of her in the bed- Nov. 25, 1921, when she arrived 30 minutes He would not see Ann until she was 5 room,’’ she says. ‘‘When I go by, I always after the birth of her twin, Ila. months old. find myself softly reaching out and touching Her parents, Earl and Marian Stegeberg, After the war, he completed his degree at her picture.’’ farmed near Woonsocket. It was a hard life, DWU. The son of a Wesleyan Methodist pas- Her husband later wrote a book about their made even more difficult by the early death tor thought he, too, would follow that path. daughter, ‘‘Terry.’’ It was therapy for him, of her mother when the twins were 11 and As a student pastor’s wife, Eleanor McGov- she says, but Eleanor McGovern has chosen their sister, Phyllis, was 4. ern had her first taste of being in the public to speak only rarely about her daughter’s ad- Her father withdrew into a sadness that eye. dictions. truly never broke until the birth of his first ‘‘A lot is expected of a minister’s wife,’’ It’s OK that they have differences of opin- grandchild, the McGoverns’ oldest daughter, she says. ‘‘And with two children very small ions, he says. Ann, in 1945. (daughter Susan had arrived a year after ‘‘We don’t worry about the fact that some- Eleanor and Ila became the family house- Ann), I wasn’t ready.’’ times there could be a little tension and dif- keepers. In any case, it didn’t last long. George ferences of opinion and irritation,’’ he says. ‘‘I have a memory of trying to bake a McGovern left seminary, earning a doctorate ‘‘We just take that as a part of life. You cake,’’ Eleanor McGovern says. ‘‘I had a rec- in history. He taught at DWU before leaving can’t expect complete harmony in a mar- ipe, but I came to an ingredient I didn’t to help reinvigorate the South Dakota riage. You have to give the other person a know—baking powder. So I left it out. That Democratic Party. little freedom, too, to move to the things was a very flat cake.’’ Three more children, Teresa, Steven and that they’re interested in.’’ In high school, the twins stayed in Mary, arrived. ‘‘Even today I have fleeting pangs of anx- Woonsocket, doing housekeeping in ex- And in 1955, Eleanor McGovern officially iety when I leave where I am to go to some- change for room and board. They took turns became a politician’s wife when her husband place else. I can describe it only as a vague going home weekends. ran for the U.S. House of Representatives. ‘‘I sense of loss of place.’’ Living in town allowed them to take part was happy when George went into politics,’’ So he travels the country, and she gen- in activities such as debate. That was how she says. ‘‘People in my family cared about erally stays home. they first encountered a Mitchell teenager what was happening in the country.’’ ‘‘She’s had lots of opportunities in her life- who already had made a name for himself. The first campaign was the toughest, she time to be in the public eye, and she goes out George McGovern and his partner debated says. Then, they fell into a similar rhythm. of her way to stay out,’’ Christy says. ‘‘Some the Stegeberg twins—and lost. She began the last campaign, in 1980, with time ago she decided to let George do that.’’ ‘‘Having high admiration for George, we typical humor. As a temporary home in The death of her sister, Ila, in 1996 also was adore the woman who beat him,’’ says Har- Mitchell, staffers rented the McGoverns an a blow. ‘‘It left quite a void in my life,’’ Elea- rington, McGovern’s former state represent- aging apartment, with linoleum floors, an- nor says. ative. cient cupboards and poor lighting. Books can’t fill that gap, but they often But the two didn’t really meet until they ‘‘When George and Eleanor arrived for the fill her days. Her husband calls her the best- were freshman at DWU. In ‘‘Uphill,’’ Eleanor first time to see it—looking ever so much read woman he knows. Eight or 10 magazines McGovern talks about how he asked her on a like an apartment they had when they first come to the house every week; she reads first date. married—Eleanor looked around, smiled and Now she admits she had advance warning. them all. said, ‘Well, George, it looks like we’re start- She loves birds, particularly meadowlarks. Eleanor worked in the dean’s office, Ila down ing over,’ ‘‘ Harrington says. ‘‘They didn’t Mayer remembers taking Eleanor McGovern the hall. Ila stuck her head in the door to seem to mind at all.’’ out in the prairie to hear their sweet sound. tell her sister a request for a date was com- While he served in Congress, she pursued When time wouldn’t permit, a local radio an- ing. her own interests, primarily children and ‘‘And don’t you dare refuse him,’’ Ila nouncer would tape the bird calls for her. families and the choices confronting women hissed at her twin. It would take her home, even in a Wash- ‘‘It never occurred to me he would ask me as the stay-at-home ’50s transformed into ington, D.C., suburb. for a date,’’ Eleanor McGovern says. ‘‘He was the turbulent ’60s. ‘‘Many times I ached for Woonsocket and a big man on campus.’’ Eleanor McGovern spoke out for adequate Mitchell, for cottonwoods and elms, for ‘‘I’d say within a year of that our first date day care. ‘‘She was ahead of her time in ac- schools, shops, markets, doctors’ offices, I was pretty sure Eleanor was the one,’’ cepting that as appropriate,’’ says Berniece more often than not sprinkled with dear George McGovern says. Mayer of Sioux Falls, a former McGovern friends or relatives, all within walking dis- ‘‘It was a dreamy spring. I had never staffer. tance.’’ Until the demands of her husband’s polit- known anything like it before. My only con- f cern was that George might not care so ical career—particularly his bid for the pres- much as I. Then on a beautiful clear after- idency in 1972—required her to travel, Elea- HONORING TOM GREEN FOR HIS noon he urged me to skip class with him and nor McGovern served as, often, a single par- SERVICE TO TENNESSEE as we strolled slowly down the street south ent. of campus, he reached down and took my ‘‘I’m sure Eleanor’s had periods where she hand. I had my answer. A clasping of hands wishes she’d never been married to a politi- HON. JIM COOPER meant everything then.’’ cian, somebody running for Congress, run- OF TENNESSEE Their campus life was short. Eleanor ning for the Senate, running for the presi- IN THE HOUSE OF REPRESENTATIVES dency, running, running, running,’’ George McGovern quit her business courses at DWU. Wednesday, May 18, 2005 Her sister left for Rochester, Minn., and McGovern acknowledges. nurse’s training, and Eleanor gave financial ‘‘There was one period when I was rep- Mr. COOPER. Mr. Speaker, I rise today to support. resenting South Dakota in the House of Rep- pay tribute to Mr. Tom Green. The humorist The world had changed, too. After Pearl resentatives when I came out here 25 week- Will Rogers once said that the secret of his ends in a row, and that plays havoc with Harbor was bombed on Dec. 7, 1941, George success was that he never met a man he McGovern volunteered for service in the your wife and your kids,’’ he says. Army Air Corps. He was called up in 1943. ‘‘I was determined to help with George’s didn’t like. The same can be said of Tom The couple considered delaying marriage career, not only by taking responsibility for Green. He makes friends with everyone, ev- until after he returned from combat but de- the family, but by contributing ideas. In eryday, everywhere. He is the ultimate people cided not to wait. On Halloween Day 1943, fact, I never considered it ‘George’s’ career— person, always asking—and, much more im- they were married in the Methodist church it was ‘ours.’ ‘‘ portant, caring—about you, your family, your in Woonsocket. Sometimes Eleanor McGovern did think friends, and remembering the details perfectly ‘‘Stop!,’’ she says, but ‘‘I never said it. It ‘‘My father liked George very much, but he for decades. I wish I had a fraction of his tal- didn’t think we should get married, and he meant so much to him. He loved being a poli- said he would not take part in the wedding,’’ tician, and he accomplished a lot.’’ ent. Eleanor McGovern says. ‘‘But he came that But if she could change anything, she Tom is well known back home for his won- day and gave me away.’’ would not have moved the children so often. derful family, for his continuing and tireless ef- The newlyweds took a train to Muskogee, ‘‘If I had to do it over again, I’d stay with forts benefiting the Natchez Trace Parkway, Okla., the next day, Eleanor sometimes sit- them in South Dakota,’’ she says. as well as for his dedication and service to ting on their suitcase in the aisle. The McGoverns have 10 grandchildren and Nashvillians during his long business career She lived alone in a rented bedroom while one great-grandchild. A second great-grand- and, more recently, as a key member of my her husband returned to the base. They saw child is on the way. each other twice a week. Their children are scattered from Montana district staff. She followed him to Kansas, Texas, Ne- to England. There are only four now, since The Natchez Trace is the pioneer roadway braska and Idaho, before returning home to their middle child, Terry, died in 1994, after that connected Nashville with the lower Mis- await the birth of their first baby. years struggling with alcoholism. sissippi River at Natchez. In modern times

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.041 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1019 the Trace fell into disuse and was nearly lost ville Downtown Rotary Club and Christ the encourage early literacy skills so children to history. In 1934, Congress ordered a survey King Catholic Church and finds time to volun- enter school prepared for success in reading. of the old wagon road, and, in 1937, provided teer at the Nashville’s ‘‘Room in the Inn’’ pro- President Bush included Reach Out and initial funding for construction of what would gram for the homeless and at St. Thomas Read in his fiscal year 2006 budget request, eventually become the 444-mile-long Natchez Hospital. Pat is a renowned local teacher who continuing a multi-year effort to support this Trace Parkway running through rural Mis- is directly descended from Abraham Lincoln’s vital reading program. Reach Out and Read sissippi, Alabama and Tennessee. Today, the first-grade school teacher. Needless to say, has a strong track record of raising non-fed- Parkway is one of the most visited national the Green family is well educated. eral dollars and is capable of more than dou- parks and serves as a unique thoroughfare, Tom’s generous spirit and joyful approach to ble the impact of its 2006 appropriation. In allowing us to ride in comfort along an ancient life immediately come to mind when anyone January Reach Out and Read undertook a trail through some of the most beautiful sce- thinks of him. No matter how busy his day major 2-year initiative to increase the number nery in our country. may be, Tom always has a smile, an encour- of children reached by 50 percent through Tom has helped the Natchez Trace Park- aging word and a couple of minutes just to mid-2007. This bold step will greatly increase way for decades, from the days of legendary talk . . . sometimes more than a couple of the number of West Virginia children who Congressmen Jamie Whitten of Mississippi minutes. He’ll pick up the conversation just grow up in a household where early reading is and Tom Bevill of Alabama. He worked hard where you left it . . . the day before, a week encouraged. to secure federal funding to complete and or a month ago. He always knows the news Reach Out and Read assists families and beautify the Parkway. Everyone associated and has lots of tips about everyone’s back- communities in encouraging early literacy with the Parkway knows that Tom is a great ground, interconnections, and exactly how to skills so children enter school prepared for organizer, motivator, and promoter of the approach everyone. His mind is better than a success in reading. The continued support of Trace. Just stop and eat a ham biscuit at the computer database. There’s never been any- this program is critical to the success of the famous Loveless Cafe´ at the head of the one like him. Reach Out and Read program. Trace and you’ll hear Tom’s name mentioned Of course, I am the lucky one. Tom Green frequently and with deep respect. Without has been a key part of my office staff for the f Tom’s efforts, the Natchez Trace Parkway past several years. No one could ask for a TRIBUTE TO CHUCK AND SHELBY would not be the link between the past and fu- more positive, uplifting presence in the office, OBERSHAW ture of our region that it is today. Everyone in or a better person to represent you out in the the Southeast United States is indebted to community. Not only does he know everyone, Tom for his vision. He helped save the Trace he also has great ideas. For example, last HON. JOE BACA before it was too late. year Tom Green persuaded Vernon Winfrey to OF CALIFORNIA His tireless work on the Natchez Trace make available Oprah Winfrey Scholarships to IN THE HOUSE OF REPRESENTATIVES Parkway is just one of his important contribu- Nashville Tech Community College. Now all Wednesday, May 18, 2005 tions. Tom is a true servant of his community. future generations will benefit from an old Born to remarkable parents in Lewisburg, Ten- interracial friendship, formed on the basis of Mr. BACA. Mr. Speaker, I rise to pay tribute nessee, he served in WWII and came home to taking a business risk to keep the lights on for to two outstanding leaders in my community graduate from the University of Tennessee, decent, hardworking people who were tempo- who are to receive the Golden Baton Award manage the local co-op and open a small rarily down on their luck. from the San Bernardino Symphony Guild in business. He was so popular he was elected I am truly fortunate and want to take this recognition of their proactive role in fostering Mayor of Lewisburg. Later moving to Nash- moment to thank Tom for bringing his integrity, the culture of music in the Inland Empire. ville, he helped many Middle Tennessee busi- his energy and his ever-present sense of Today, I join family and friends in honoring nesses expand, thanks to his keen credit deci- humor to my Congressional team. He can out- Chuck and Shelby Obershaw for their remark- sions while heading up industrial development work a dozen people half his age. I want to able achievements and express enormous projects for Third National Bank. Those years take this moment to publicly offer my thanks, pride in this recognition that has been afforded were the golden age of Third National under and the thanks of everyone in the 5th Con- to them. the leadership of the legendary Sam Fleming, gressional District of Tennessee, for Tom Chuck Obershaw was raised in the Inland but it was men like Tom Green that brought Green’s extraordinary service to our commu- Empire where he devoted himself to his fam- the loans to the bank. Money is a commodity; nity, our state and our country. ily, friends and community. He selflessly served as a para-glider trooper in the 187th customer relationships are more precious than f gold. regiment of the 11th Airborne Division before Tom went on to help all Nashvillians when SUPPORTING REACH OUT AND returning to San Bernardino in the 1940s. he spent more than a decade as the associate READ PROGRAM Chuck’s accomplishments are as remark- general manager of the Nashville Electric able as they are diverse. He has served as Service, the local electric utility. Just one of HON. SHELLEY MOORE CAPITO President of the San Bernardino Area Cham- the many people Tom helped was an African- OF WEST VIRGINIA ber of Commerce, the San Bernardino Motor American barber in a poor part of town. The IN THE HOUSE OF REPRESENTATIVES Car Dealers, the Air Force Association, and barber would call Tom to tell him about an up- the Norton Air Force Base Chapter. In these standing citizen who just couldn’t pay their Wednesday, May 18, 2005 capacities, he has been an integral contributor electric bill that month, but would pay when Mrs. CAPITO. Mr. Speaker, today I rise in to the management and administration of com- they found work. He asked Tom to keep their support of the Reach Out and Read program. munity affairs and worked tirelessly for a bet- lights on and Tom did just that. As a former The Reach Out and Read Program is a pro- ter way of life for all of San Bernardino’s resi- banker, Tom knew how to make character gram that promotes early literacy by making dents. loans, whom to trust and whom not to. Despite reading a standard part of pediatric primary Shelby Obershaw also proved the impor- being a monopoly, NES kept the goodwill of care by encouraging doctors and nurses to tance of serving your community. After moving its hardworking customers and Tom made advise parents about the importance of read- to San Bernardino in 1959, she dedicated all even more lifelong friends at a time when ing to children. Reach Out and Read pro- her energy to shaping the minds of the future most white Nashvillians did not care much grams are located in over 2,000 hospitals and leaders of tomorrow as a dedicated teacher in about goodwill in the black community. The health centers around the country. Annually, various area high schools. barber is still in business in the same location more than two million children participate in Her list of accolades is no less illustrious. and I have visited his barbershop with Tom. Reach Out and Read. My district is proud to They include election to the San Bernardino The barber’s name is Vernon Winfrey, and he have 14 Reach Out and Read programs that City Unified School District Board of Edu- is the father of Oprah Winfrey. Tom bent over provide over 15,000 books to nearly 11,000 cation, serving as President for 2 years, Direc- backwards to help him before he had any real- West Virginia children annually. I have partici- tor of the San Bernardino Chamber of Com- istic hope of fame or fortune. That’s the kind pated three times in Reach Out and Read merce, and member of the San Bernardino of guy Tom is. Programs in Kanawha and Roane Counties in Chapter of the National Assistance League. Married for 53 years to Pat Green, the my district. She has also received the California PTA Greens are the parents of four outstanding By building on the unique relationship be- Honorary Service Award and the Citizen grown men and grandparents of eleven chil- tween parents and medical providers, Reach Achievement Award from the League of dren. Tom is an active member of the Nash- Out and Read helps families and communities Women Voters.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.044 E19PT1 E1020 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 Throughout their lives, Chuck and Shelby 2005, as Friedreich’s Ataxia Awareness Day SUPPORTING THE GOALS AND Obershaw have exhibited kindness, love, hu- to show our concern for all those families af- IDEALS OF PEACE OFFICER ME- mility, and a deep resolve to ameliorate all as- fected by this disorder and to express our sup- MORIAL DAY pects of community life, so it is only appro- port and encouragement for their efforts to SPEECH OF priate that they receive the Golden Baton achieve treatments and a cure. Award. Mr. Speaker, I am proud to recognize Chuck HON. EDDIE BERNICE JOHNSON f and Shelby Obershaw and express my sincere OF TEXAS IN THE HOUSE OF REPRESENTATIVES admiration that they have received this won- STATEMENT INTRODUCING derful and well-deserved honor. REPEAL OF SELECTIVE SERVICE Monday, May 6, 2005 f Ms. EDDIE BERNICE JOHNSON of Texas. RECOGNITION OF FRIEDREICH’S Mr. Speaker, this week marks National Police ATAXIA AWARENESS DAY HON. RON PAUL Week, with May 15th designated as Peace Of- OF TEXAS ficers’ Memorial Day. It’s a week where we HON. JOHN A. BOEHNER pay tribute to our nation’s law enforcement of- IN THE HOUSE OF REPRESENTATIVES ficers. In recognition of this event, I would like OF OHIO acknowledge the efforts of our federal, state IN THE HOUSE OF REPRESENTATIVES Wednesday, May 18, 2005 and local law enforcement. Without their cour- Wednesday, May 18, 2005 Mr. PAUL. Mr. Speaker, I am today intro- age, commitment, and ability to meet the Mr. BOEHNER. Mr. Speaker, I rise today in ducing legislation to repeal the Selective Serv- many challenges, our lives as Americans support of Friedreich’s Ataxia Awareness Day, ice Act and related parts of the United States would be very different. Simply put, law enforcement officers risk which is recognized each year on the third Code. The Department of Defense, in re- their lives so that others are protected. Every Saturday in May. sponse to calls to reinstate the draft, has con- Friedreich’s ataxia is a life-shortening neuro- day these brave men and women go to work firmed that conscription serves no military logical disorder usually diagnosed in child- knowing there is a possibility they may not need. hood, causing weakness and loss of coordina- come home. tion in the arms and legs; impairment of vi- Secretary of Defense Donald Rumsfeld is Last year, 153 police officers were killed in sion, hearing and speech; scoliosis, diabetes; on record citing the ‘‘notable disadvantages’’ the line of duty. That is 153 fathers, mothers, and a life-threatening heart condition. Most pa- of a military draft, adding, ‘‘. . . there is not a brothers, sisters, daughters, and sons who tients need a wheelchair full-time by their draft. . . . There will not be a draft.’’ weren’t able to go home to their families at the twenties. Life expectancy is reduced to early end of the workday. This is only the most recent confirmation adulthood. There is currently no effective treat- The Dallas Police Department has lost a ment or cure for Friedreich’s ataxia. Sadly, I that the draft, and thus the Selective Service total of 75 police officers: have a young constituent who suffers from this system, serves no military purpose. C.O. Brewer, William H. Riddell, William rare disease, Evan Luebbe. Evan and his fam- Obviously, if there is no military need for the McDuff, Leslie N Patrick, T.A. Tedford, W. Roy ily are working to bring awareness to this dis- draft, then there is no need for Selective Serv- Thornton, Leroy Wood, Johnnie E. Gibson, ease in my district. I am proud of the strength ice registration. Furthermore, Mr. Speaker, Se- John R. Crain, Charles S. Swinney, Dexter and courage he exemplifies as he battles this lective Service registration is an outdated and Clayton Phillips, Clarence Marshall Isbell, Alex W. Tedford, Sam Griffin Lanford, Jesse Em- disease. outmoded system, which has been made ob- Although there is no effective treatment or mett Griffin, Luke J. Bell, Ernest E. Leonard, solete by technological advances. cure available, Friedreich’s ataxia patients and Jr., John W. Dieken, John R. Roberts, Ralph families have more and more reason for real In fact, in 1993, the Department of Defense Wendell Hoyt, Victor Leon Morris, Ernest hope. An extraordinary explosion of research issued a report stating that registration could Elmer Bates, Jr., Preston D. Hale, William Ed- insights has followed the identification of the be stopped ‘‘with no effect on military mobili- ward Stafford, Johnny W. Sides, Leonard C. Friedreich’s ataxia gene in 1996. Since that zation and no measurable effect on the time it Mullenax, Ray Allen Underwood, J.D. Tippit, discovery, research scientists have learned a would take to mobilize, and no measurable ef- Frank Weldon Bennett, James Douglas Stew- great deal about the disorder. We now know fect on military recruitment.’’ Yet the American art, Floyd A. Knight, Robert H. Shipp, Johnnie T. Hartwell, Allen Perry Camp, Carl Jackson what defects in the gene cause the disease, taxpayer has been forced to spend over $500 what protein the gene is supposed to produce, Cooke, Howard Kenton Hicks, Joe Jones, million dollars on an outdated system ‘‘with no what that protein is supposed to accomplish, Levy McQuietor, Jr., Milton E. Whatley, Don- and why a shortage of the protein results in measurable effect on military mobilization!’’ ald P. Tucker, Sr., Leslie G. Lane, Jr., Alvin the cell death that leads to the disease symp- Shutting down Selective Service will give Duane Hallum, Alvin E. Moore, Robert W. toms. Investigators are increasingly optimistic taxpayers a break without adversely affecting Wood, John T. McCarthy, Charles J. ‘‘Chip’’ that they are drawing closer to understanding military efforts. Shutting down Selective Serv- Maltese, Jr., John R. Pasco, Carl J. Norris, more fully the causes of Friedreich’s ataxia ice will also end a program that violates the Ronald D. Baker, Robert L. Cormier, James C. and to developing effective treatments. In fact, very principals of individual liberty our nation Taylor, Thomas Lee Harris, Gary Reeves Blair, James Allen Joe, John Glenn Chase, they have recently declared that, ‘‘in was founded upon. The moral case against Friedreich’s ataxia, we have entered the treat- Gary Don McCarthy, Walter Leon Williams, the draft was eloquently expressed by former ment era.’’ Lawrence R. Cadena, Sr., Lisa L. Sandel, At the National Institutes of Health and President Ronald Regan in the publication Mark L. Fleming, Michael R. Okelberry, Thom- around the world, clinical trials for Friedreich’s Human Events in 1979: ‘‘. . . it [conscription] as G. Burchfield, Sunny Ma Lov, Lawrence ataxia are being conducted on drugs that hold rests on the assumption that your kids belong David Bromley, Harold Lee Hammons, Billy W. real promise. The growing cooperation among to the state. If we buy that assumption then it Daughterty, John Paul Jones, Jr., Richard A. organizations supporting the research, and the is for the state—not for parents, the commu- Lawrence, David R. Galvan, Thomas D. Bond, multidisciplinary efforts of thousands of sci- nity, the religious institutions or teachers—to Henry Allen Brown, Harold F. Baird, Jr., Don- entists and health care professionals, provide decide who shall have what values and who ald F. Flusche, Jr., Christopher K. James, and powerful evidence of the determination to con- shall do what work, when, where and how in Patrick Lee Metzler. quer Friedreich’s ataxia. our society. That assumption isn’t a new one. Mr. Speaker, the risk encountered by law On the third Saturday of May, events will be The Nazis thought it was a great idea.’’ enforcement officers serving in communities held across our country, including one in West throughout this country is enormous; and this Chester, Ohio, to increase public awareness I hope all my colleagues join me in working extraordinary sacrifice is all too often viewed of Friedreich’s ataxia and to raise funds to to shut down this un-American relic of a by- as routine. Police officers put themselves at support the research that promises treatments gone era and help realize the financial savings risk so that our communities can be safe. One for this disease. I applaud the Friedreich’s and the gains to individual liberties that can be week of recognition is simply not enough for Ataxia Research Alliance (FARA) for its con- achieved by ending Selective Service registra- that type of selflessness. America’s men and tributions to these efforts and ask my col- tion. women in uniform give us their best, and they leagues to join me in recognizing May 21, deserve the best from us in return.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.048 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1021 TRIBUTE TO THE LATE EINEZ YAP and her passing is a heavy blow to our com- forming well but with ensuring that they are munity. I know I speak for all my colleagues serving all the children they were intended to. HON. KENDRICK B. MEEK in extending our deepest sympathy and con- This amendment will help to ensure that chil- OF FLORIDA dolences to her husband, George Yap, and dren do not continue to be left behind. I urge IN THE HOUSE OF REPRESENTATIVES son Andrew. my colleagues on the Committee on Education and Workforce to join me in supporting my Wednesday, May 18, 2005 f amendment. HEAD START REAUTHORIZATION Mr. MEEK of Florida. Mr. Speaker, I rise to f pay tribute to the late Einez Yap. Einez Yap, who passed away unexpectedly HON. DENNIS J. KUCINICH TO HONOR MS. EMMA TORRES on May 18, 2005, was a quintessential com- OF OHIO munity activist who went about helping others IN THE HOUSE OF REPRESENTATIVES HON. RAU´ L M. GRIJALVA in a quiet and dignified manner. Her passing Wednesday, May 18, 2005 OF ARIZONA is tragic, not just to her family, but to all those Mr. KUCINICH. Mr. Speaker, the goal of IN THE HOUSE OF REPRESENTATIVES who knew her. Head Start has always been to help young Wednesday, May 18, 2005 She was the visionary behind the establish- children in low-income families, specifically Mr. GRIJALVA. Mr. Speaker, I would like to ment of LEASA Industries in 1977, when it those below the poverty line, prepare for began as a small family-owned business. take a moment to recognize an amazing school. Head Start has focused its resources woman from my district, Emma Torres from Since its humble beginnings in Liberty City, on the children most in need, and has been the company has grown to become one of the Yuma, Arizona. She is a role model and inspi- successful in narrowing the gap between dis- ration for all; her work and dedication was re- largest growers of bean and alfalfa sprouts advantaged children and their peers. Today, and one of the largest manufacturers of tofu cently recognized, internationally, when she we can correct a problem in Head Start and was honored by Mexico’s Ministry of Foreign and suppliers of fresh fruits and vegetables in ensure that it serves all the children it was in- the state of Florida. Affairs with the Ohtli Award. This award ac- tended to. knowledges her contributions to the develop- A dutiful partner and wife to George Yap, The poverty thresholds were developed in President/CEO of LEASA Industries, Einez ment of Hispanic communities and for her the early 1960s and at that time statistics support in social causes. The Ohtli award is was a doting mother and proud grandmother. showed that families typically spent one-third Her business acumen was instrumental in en- given to distinguished Hispanic leaders who of their income on food. The thresholds were devote their lives promoting and fostering the abling LEASA Industries to become a recipient designed to take the costs of the Department prosperity of communities in the United States. of the prestigious National Minority Manufac- of Agriculture’s economy food plan for families The word Ohtli means ‘‘righteous path’’ in turer of the Year Award for 1997–1998 and and multiply the costs by a factor of three. Nahuatl. the acknowledgement of LEASA Industries as Currently, the calculations of the poverty line one of Florida’s fastest growing private com- Emma has been a strong border community for Head Start are adjusted by the Consumer leader and health advocate for migrant and panies by the University of Florida’s Center for Price Index annually to account for the growth Entrepreneurship and Innovation. seasonal farm workers in Western Arizona for in prices. Unfortunately, the current calculation more than 20 years. After losing her husband The tremendous success that Einez enjoyed leaves important factors out of the calculation in business, however, was secondary to her to leukemia in 1982, she turned a personal of the poverty line. and painful life experience into a mission to impact as a community leader. A member of Adjusting only for changes in price growth enhance the quality of life of farm workers. several community organizations, Mrs. Yap ignores the reality that times have changed. It She co-founded and is the current Executive was the resilient president of the Chinese Cul- is not 1965. Today, families are much more Director of Campesinos Sin Fronteras, a tural Foundation and founder of the Organiza- likely to spend significant portions of their in- grassroots, community-based organization that tion of Chinese Americans, as well as the come on housing. It is more likely that both uses education and advocacy to improve the untiring entrepreneur spearheading the annual parents will be working full time jobs. Both standard of living for farm workers. Prior to her celebration of the Chinese New Year Festival childcare costs and the likelihood that a family current position, she was the Field Office Di- in Miami-Dade County for the past decade. will need it have also increased. Additionally, she served on the Board of the Additionally, the failure to adjust the poverty rector for Puentes de Amistad/Bridges in Asian-American Federation of Florida, as well line as wages have grown now means that Friendship under the leadership of the Arizona as Advisory Council of the National Alliance to families in poverty today are worse off relative Border Health Foundation. In 2004, President Nurture the Aged and the Young (NANAY), to the typical family than families in poverty George W. Bush appointed Emma to the US/ Inc. She has been the patroness and bene- were 40 years ago. For instance, the threshold Mexico Border Health Binational Commission. She has pioneered the Lay Health Worker/ factress of many more community organiza- for a family of four, when the poverty thresh- Promotora Model in Arizona since 1987, and tions that are at the forefront of seeking equal- olds were first introduced—$18,810 in 2003 as a certified Inter-Cultural Affairs (ICA) ity of opportunity for minority groups; and she dollars—was 42 percent of the median income facilitator has led efforts to bring adequate has been a featured leader for the Miami- of a family that size. By 2003, the value of the healthcare coverage to our most vulnerable Dade Community Relations Board as it deals poverty threshold for a family of four had fallen populations. with the challenge of inclusion of the to 35.7 percent. Adjusting only for changes in Most recently Emma accomplished one of disenfranchised and the underrepresented in price growth for the past 40 years has slowly her personal dreams—she received her de- our community. eroded the group of intended recipients. Now gree in social work from Northern Arizona Uni- Her contributions to our community were re- we are left with families in need of assistance versity. This is the latest of recognitions for cently acknowledged in March of 2005, when whose children are not even eligible for Head Emma’s commitment, persistence, and belief she was honored as a Pioneer at Miami-Dade Start. in improving one’s personal life and that of County’s ‘‘In The Company of Women’’ This amendment seeks to bridge the gap one’s community. Awards—a distinction previously bestowed on that has been created and ensure that it will Emma’s life is an example to others; pursue the likes of former Congresswoman Carrie not be created again in the future. Currently, one’s dreams, believe in making change, be Meek and U.S. Attorney General Janet Reno, the 2005 poverty line for a family of 3 is strong, and progress will prevail. among others. $16,090. By tying the poverty line to wage Her Catholic faith was the source of inspira- growth, rather than price growth, the poverty f tion and motivation for her reaching out to the line for a family of 3 would become $19,610. TRIBUTE TO MS. JACQUELINE H. downtrodden—as evidenced by her commit- The increase in the poverty line produced by SMITH, NORTH MIAMI BEACH ment early on at LEASA Industries to employ this change by no means raises eligibility to COUNCILWOMAN hard-to-place and at-risk residents. include every child who could benefit from ‘‘They’re God’s people, too—and are in Head Start. But this adjustment will signifi- HON. KENDRICK B. MEEK need of a second or third-chance in life . . . cantly help the families who should have been OF FLORIDA if we can’t help them, then who will . . .’’ is eligible all along. It is a step in the right direc- IN THE HOUSE OF REPRESENTATIVES often the stance that defined her commitment tion; the direction of ensuring that the working to the community she so loved. poor are given the help they need to survive. Wednesday, May 18, 2005 Einez Yap was truly a woman of active This committee is not only charged with en- Mr. MEEK of Florida. Mr. Speaker, I rise to compassion and a leader in our community, suring that Head Start programs are per- pay tribute to Ms. Jacqueline H. Smith, North

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.052 E19PT1 E1022 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 Miami Beach City Councilwoman. On May 20, dation is the unalterable base upon which to rights. That is the contract, the foundation 2005, the Commission on the Status of build. So it is with our Constitution and Bill upon which America was imagined. It is de- Women of the City of North Miami Beach and of Rights. They are the rock upon which we signed to protect individuals—their persons, have built our modern republic, while pro- homes, property, speech, worship, associa- Women in Politics will gather at a farewell tecting the individual from the government tions, and privacy—from the tyranny of gov- luncheon to ‘‘honor one of their own.’’ itself. For more than two centuries, they ernment by the majority. Throughout Ms. Smith’s 10-year term on the have provided the firm foundation of liberty Yet, the Fourth Amendment reflected North Miami Beach City Council, she is best and opportunity from which America and its more than a generalized notion of inalien- known for her work on programs for children people have taken wing, enjoying success able rights. It was a specific response to the and senior citizens. Ms. Smith is a liaison to and weathering failure, celebrating triumph British government’s pre-constitutional vio- children’s ‘‘Read Aloud Program.’’ This tre- and mourning tragedy. lation of colonists’ individual rights through mendously rewarding program stimulates chil- After the terrorist attacks of September the use of ‘‘Writs of Assistance.’’ The writs 11, 2001, forgetting our past and fearing our dren’s interest in reading and also promotes a were general, universal, perpetual, and future, Congress began turning that founda- transferable search warrants used to enforce decrease in television time by allowing chil- tion on its head, acting as if physical secu- smuggling laws so the cash-strapped British dren of all ages to listen to volunteers read rity requires the sacrifice of individual crown could wring revenue from the colonies books aloud. In addition, Ms. Smith is affiliated rights to government imperatives. While to satisfy the crushing debt of a worldwide with the North Dade Children Center, where paying lip service to our heritage of limited empire. They authorized ‘‘all and singular she is involved in youth and senior health government and individual liberty, we began justices, sheriffs, constables, and all other fairs. acting as if individual rights are conditional, officers and subjects’’ to enter homes and Ms. Smith has touched many peoples’ derived not from God nor inherent in the businesses at will—ostensibly in search of hearts in North Miami Beach through her ac- human condition, but subject to the collec- smuggled items—and to seize virtually any tive expression of our fears. Worst of all, we property without accounting or recompense. complishments as a member of numerous or- convinced ourselves we were doing nothing Writs of Assistance blatantly disregarded ganizations. I want to applaud her tremendous of the kind, or that the manifest benefit of a personal privacy and offended basic civil lib- commitment to community service, dedicating safer society was worth risking the loss of erties, as they were understood by colonial her time to organizations such as the National individual liberties. times. Not only were the writs broad and in- Organization of Women, the Carl Byoir Neigh- Congress passed the USA PATRIOT Act trusive but many of the colonists believed borhood Association, the Governing Board of just weeks after the September 11 attacks, they had been outlawed in Britain—that Parkway Regional Hospital and the Board of while the dead from the World Trade Center only the colonists were subject to such in- towers in Manhattan, the Pentagon in Wash- trusions. Directors of United Democratic Club, just to ington, and from Flight 93 in Pennsylvania name a few. The infringement on personal privacy and were still being buried. An anthrax threat, property rights represented by the Writs of Besides serving as an elected official and assumed by many at the time to be another Assistance was so outrageous that, in 1761, it community activist, Ms. Smith takes pride in terrorist attack, had forced members of Con- prompted Boston attorney James Otis, a being a teacher at Gertrude K. Edelman Sabal gress out of their offices. Few, if any, law- loyal officer of King George III, to resign his Palm Elementary School. makers were truly aware of the new and ex- position as an advocate general in the vice Ms. Smith has truly demonstrated that pub- panded law enforcement authority within admiralty court. Subsequently, he was com- lic service and education are achievements the PATRIOT Act. They only knew that they missioned by Boston merchants to make never beyond the reach of those willing to had to do something to quiet the public’s their case against renewal of the writs. fears, and their own. dedicate all their energy to accomplish the Otis’s stirring five-hour argument indicted This was not an executive order from a the expansion of government authority in goals for the greater good of the public. I ex- president reacting to a concrete and imme- violation of the individual rights of British tend her my heartfelt gratitude for a superb job diate threat. This was not the temporary im- subjects. ‘‘It appears to me (may it please and wish her the best of luck in her retirement. position of martial law in response to a nat- your honours) the worst instrument of arbi- f ural disaster or military assault. This was trary power, the most destructive of English the world’s greatest deliberative body hast- liberty, and the fundamental principles of PRESERVING THE FOUNDATION OF ily enacting an incredibly detailed, complex, law, that ever was found in an English law- LIBERTY and comprehensive piece of legislation with- book.’’ Otis’s argument in the Writs of As- out all the facts. That haste and lack of de- sistance case hinged on several major points, HON. DENNIS J. KUCINICH liberation left advocates backfilling many of one of which was the invocation of the an- the arguments in support of certain provi- cient notion regarding the sanctity of the OF OHIO sions of the law that now appear to be glar- home. Otis argued that householders would IN THE HOUSE OF REPRESENTATIVES ingly at odds with constitutional principles. reduced to servants under the writs because Wednesday, May 18, 2005 I. CONSTITUTIONAL FOUNDATIONS their homes would subject to search at any The Framers of our Constitution drew on time: ‘‘Now one of the most essential Mr. KUCINICH. Mr. Speaker, I commend my an extensive body of law and tradition to branches of English liberty is the freedom of friend and colleague, Representative C. L. recognize certain rights were inalienable— one’s house. Man’s house is his castle; and ‘‘BUTCH’’ OTTER, as well as Elizabeth Barker they transcended the power of government: while he is quiet, he is as well guarded as a Brandt, Professor of Law at the University of The colonists who fostered the tree of liberty prince in his castle. This writ, if it should I Idaho, for their excellent article recently pub- recognized that individual rights were its declared legal, would totally annihilate this lished in the Journal of Law, Ethics and Public taproot. The notion that ‘‘a man’s home is privilege.’’ Policy, Notre Dame Law School. I am proud to his castle,’’ a place free from the intrusion of John Adams, then a young lawyer, was in government, was a time-honored theme— the courtroom hear Otis’s argument. Fifty- be an original cosponsor of Congressman OT- part of both the Code of Hammurabi and the six years later, in a letter to a colleague, the TER’S Security and Freedom Ensured Act of pronouncements of the Roman Emperor Jus- founding father and America’s second presi- 2005 (SAFE Act) that rolls back the most tinian. This notion was one of the inalien- dent recalled the impassioned defense of lib- alarming provisions of the Patriot Act. The arti- able rights with which Englishmen were erty as a transcendent moment on the path cle, Preserving the Foundation of Liberty, is an thought endowed and which the English bar- to revolution: ‘‘Then and there, the child important critique of the federal government’s ons sought to protect, through the Magna Independence was born.’’ expanding prosecutorial powers in the wake of Carta, from the ad hoc interference of King Also born that day, and reared to maturity the terrorist events in September 2001. John. by Adams and many others, was a critical The concept of inalienable rights infused element of America’s constitutional founda- PRESERVING THE FOUNDATION OF LIBERTY the colonists’ understanding of liberty. It tion—the commitment to protect ‘‘the free- C. L. ‘‘BUTCH’’ OTTER & ELIZABETH BARKER can be seen in diverse writings, from Patrick dom of one house,’’ which became the Fourth BRANDT Henry’s rousing appeal for self-determina- Amendment. The idea that those rights tran- The sacred rights of mankind are not to be tion in the Parsons’ Cause case of 1763 to the scend the needs of any particular time and rummaged for, among old parchments, or musty claim of the Declaration of Independence place is embedded in our jurisprudence. Jus- records. They are written, as with a sun beam, that ‘‘all Men are created equal, that they tice Robert Jackson wrote: in the whole volume of human nature, by the are endowed by their Creator with certain The very purpose of a Bill of Rights was to hand of the divinity itself; and can never be unalienable Rights. . . .’’ More than a desire withdraw certain subjects from the vicissi- erased or obscured by mortal power. for independence or equality, the idea that tudes of political controversy, to place them —Alexander Hamilton made America a reality and continues to beyond the reach of majorities and officials Foundations are supposed to be steadfast. make America great is that individual rights and to establish them as legal principles to The very idea of a foundation is to provide a are God-given and unalienable and that gov- be applied by the courts. One’s right to life, pinion between the fixed and the transient, ernment should be neither more nor less liberty, and property, to free speech, a free the permanent and the temporary. The foun- than man’s collective expression of those press, freedom of worship and assembly, and

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.055 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1023 other fundamental rights may not be sub- defective. The Freitas court held that a notification under prior federal law, makes mitted to vote; they depend on the outcome delay in notification should not exceed seven judicial review of the necessity of delayed of no elections. days, except when supported by a ‘‘strong notification perfunctory and so loosens the With those words, the U.S. Supreme Court showing of necessity.’’ standard for delayed notification as to struck down the widely popular practice, Even courts upholding delayed notification render it meaningless. It strikes at the foun- adopted in a burst of patriotism during of search warrants have imposed significant dation of liberty embodied in the Fourth and World War II, of requiring public school stu- limitations on such searches. In United Fifth Amendments and at the essential pro- dents to salute the American flag. Writing States v. Villegas, the Second Circuit rea- tections of probable cause, due process, and for the majority, Justice Jackson crys- soned: separation of powers. tallized the argument for protecting most Though we believe that certain safeguards Section 213 amends 18 U.S.C. § 3103a to add vigorously the least popular of our indi- are required where the entry is to be covert the following language: vidual rights in the overheated political cli- and only intangible evidence is to be seized, ‘‘With respect to the issuance of any war- mate of the moment. While public dis- we conclude that appropriate conditions rant or court order under this section, or any pleasure served as a natural defense of lib- were imposed in this case. Certain types of other rule of law, to search for and seize any erty against the Writs of Assistance once searches or surveillances depend for their property or material that constitutes evi- Otis sounded the alarm, the Constitution and success on the absence of premature disclo- dence of a criminal offense in violation of Bill of Rights institutionalized protection of sure. The use of a wiretap or a ‘‘bug,’’ or a the laws of the United States, any notice re- minority rights from majority will and cre- pen register, or a video camera would likely quired, or that may be required, to be given ated a foundation for individual liberty. The produce little evidence of wrongdoing if the may be delayed if (1) the court finds reason- test of such a foundation is how firmly it is wrongdoers knew in advance that their conable cause to believe that providing imme- reinforced against time and tides. versations or actions would be monitored. diate notification of the execution of a warrant may have an adverse result (as defined II. ‘‘SNEAK-AND-PEEK’’ WARRANTS PRIOR TO When non-disclosure of the authorized search is essential to its success, neither Rule 41 in section 2705); THE USA PATRIOT ACT ‘‘(2) the warrant prohibits seizure of any nor the Fourth Amendment prohibits covert Just as the British crown felt compelled, in tangible property, any wire or electronic entry. the interest of empire, to sacrifice the rights communication (as defined in section 2510), The Second Circuit determined that a of citizens remote from the seat of govern- or, except as expressly provided in chapter number of safeguards applied to surrep- ment, section 213 of the PATRIOT Act, in the 121, any stored wire or electronic informa- titious searches. First, the court noted that name of fighting terrorism, deprives Ameri- tion, except where the court finds reasonable if tangible evidence was seized during the cans of the right to be ‘‘as well guarded as a necessity of the seizure; and (3) the warrant search, officers must leave an inventory of prince in his castle.’’ Section 213 of the PA- provides for the giving of such notice within the property taken at the location or must TRIOT Act greatly expands what already a reasonable period of its execution, which provide the inventory to the owner of the was constitutionally questionable authority period may thereafter be extended by the searched premises. Additionally, the court for delayed notification of the execution of court for good cause shown.’’ concluded that, with regard to electronic search warrants. Section 213 changes prior federal law re- Prior to the PATRIOT Act, the Federal surveillance, the requirements of federal garding notification of searches in several Rules of Criminal Procedure established the wiretapping laws provided significant safe- important ways. First, it permits delayed framework for the execution and return of guards. The court further reasoned that the notification of a search in any case in which warrants. Rule 41(f) requires that the officer safeguards of the federal wiretapping statute the government demonstrates that one of executing the warrant enter the date and also apply by analogy to video surveillance. several adverse factors ‘‘may’’ occur, regard- time of its execution on its face. It further Even with regard to surreptitious entries in less of whether the investigation involves requires that an officer present at the search which no tangible property is seized, the Sec- terrorism or the gathering of foreign intel- prepare and verify an inventory of any prop- ond Circuit held that law enforcement offi- ligence. The adverse factors justifying de- erty seized. Moreover, Rule 41(f) provides cers must establish that there is a reason- layed notice are that notification would en- that the officer executing the warrant ‘‘give able necessity for the delay of notice and danger the life or physical safety of an indi- a copy of the warrant and a receipt for the must provide notice within a reasonable, but vidual, would result in flight from prosecu- property taken to the person from whom or short, period of time after the search. Al- tion, destruction of evidence, intimidation of from whose premises, the property was though the Villegas court did not adopt the witnesses, or would otherwise jeopardize an taken’’ or ‘‘leave a copy of the warrant and seven-day limitation of Freitas, the court investigation or unduly delay a trial. receipt at the place where the officer took did conclude that, as an initial matter, This standard is so open-ended that these the property.’’ Congress recognized an ex- delays of longer than seven days should not invasive warrants could be obtained as a tremely limited exception to the notification be authorized. matter of course; the government need only While there is a paucity of case law on the requirements under certain circumstances state that notification of a search ‘‘may’’ general questions of whether and when nowhere notification would endanger the life or ‘‘seriously jeopardize’’ an investigation. Al- tice of the execution of a search required, physical safety of an individual, would result though the standard for delay was part of significant authority also establishes the pre-PATRIOT law, the earlier statute was in flight from prosecution, destruction of closely related notion that law enforcement limited to covert seizures of electronic com- evidence, or intimidation of witnesses, or officials must knock and announce them- munications held in third-party storage. would otherwise jeopardize an investigation. The nature of criminal investigation is The case law regarding surreptitious selves before executing a search warrant. that unpredictable things may happen. It is searches was unsettled at the time the USA Even before American independence, British law required law enforcement officials to always conceivable that the target of a PATRIOT Act was adopted. The U.S. Su- search may act in an unpredictable fashion preme Court never directly addressed the knock and announce themselves before executing a search warrant. The United States when he or she is notified of the warrant and constitutionality of broad surreptitious thereby jeopardize an investigation. As a research provision. In Berger v. New York, the Supreme Court has recognized that whether law enforcement officers knock and an- sult, section 213 places virtually no limit on Court struck down New York’s wiretapping ‘‘sneak-and-peek’’ searches. statute because it lacked a number of proce- nounce themselves is a factor to be considered in determining whether a search is rea- The second distinction between the PA- dural safeguards to limit the intrusiveness of TRIOT Act and prior law is that officers may wiretapping. Among the statute’s defi- sonable. The Court’s reasoning was based substantially on the notion that government seize tangible property using a covert war- ciencies was that it had no requirement for rant under the PATRIOT Act without leav- notice. And, in contrast to other wiretapping officials must provide notice before entering a person’s home. The Court acknowledged ing an inventory of the property taken. statutes, the New York provision did not Thus, the PATRIOT Act actually authorizes make up for the deficiency by requiring a that this notion formed part of the Framers’ understanding of what constituted a reason- ‘‘sneak-and-steal’’ warrants. The law re- showing of exigent circumstances to justify quires only that the warrant ‘‘provides for the lack of notice. However, in Dalia v. able search. While the Court has recognized an exigency exception to the ‘‘knock and an- the giving of such notice within a reasonable United States, the Court refused to hold all period of its execution, which period may surreptitious searches per se unconstitu- nounce’’ rule, it has not overruled it. Thus, at the time the PATRIOT Act was thereafter be extended by the court for good tional. Rather, the Court reasoned that adopted, no federal court had authorized un- cause shown.’’ under some circumstances, surreptitious Again, prior statutory provisions for de- limited use of ‘‘sneak-and-peek’’ warrants. searches could be authorized where such layed notification applied only to electronic Moreover, even those courts authorizing lim- searches were reasonable, such as where they communications in third-party storage. The ited surreptitious entry had placed signifi- were supported by a warrant. cases dealing with delayed notification au- cant limitations on such searches. On this landscape, the federal circuit thorized surreptitious entry but required of- courts addressed the constitutionality of de- III. ‘‘SNEAK-AND-PEEK’’ WARRANTS UNDER THE ficers to leave an inventory if property was layed notification of searches. In United USA PATRIOT ACT taken. Although the approach of courts like States v. Freitas, the Ninth Circuit held that No federal court has ever confronted the the Second Circuit in Villegas, in our view, a warrant that failed to provide for notice virtually unlimited authority to dispense did not properly limit the use of ‘‘sneak-and- within a ‘‘reasonable, but short time’’ after with notice contained in the PATRIOT Act. peek’’ warrants, it is significantly more lim- the surreptitious entry was constitutionally Section 213 eliminates the time limits for ited than the PATRIOT Act approach.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.059 E19PT1 E1024 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 Third, section 213 permits delayed notifica- with the timeless principles of our founding. TO HONOR MR. JIM BRODIE tion even where the government seizes elec- To do less is to sanction a dangerous expan- tronic information, so long as the court sion of governmental authority and a cor- ´ issuing the warrant finds ‘‘reasonable neces- responding reduction of personal privacy. HON. RAUL M. GRIJALVA sity’’ for the seizure. Thus, if officers get a OF ARIZONA warrant under federal wiretapping statutes, Our body of laws serves as both a con- IN THE HOUSE OF REPRESENTATIVES necting mortar and a protective barrier be- they still must comply with a complex set of Wednesday, May 18, 2005 safeguards. For all other warrants involving tween the foundation of our Constitution electronic communications—those involving and the structure of our government. Laws Mr. GRIJALVA. Mr. Speaker, It is with great video or Internet surveillance, for example— are necessary for applying constitutional honor that I recognize Jim Brodie. Jim was a delayed notification under the PATRIOT Act principles to the endless variety of everyday respected member of the community, pro- applies. life. They join the abstract and the concrete. viding tireless hours to the youth, community Fourth, section 213 places no express limit They enable us to safely explore our freedom and Habitat for Humanity. on the length of the delay. Instead, it au- and realize the potential of liberty. thorizes delay for a ‘‘reasonable period’’ of Jim was a lifelong union ironworker, working However, when laws reach beyond limits time and permits extensions of the delay for in industrial and commercial construction. imposed by the Constitution, when they ‘‘good cause shown.’’ Section 213 opens the Upon retirement, he continued his service to door for secret searches extending over grant too much power to government and our community by assisting Habitat for Hu- months or even years without the knowledge too little deference to the source of that manity of Tucson in the construction and later power, they cease to connect or protect. If of the target of the search. Such delays supervision of projects throughout the Old unchecked, these laws can destroy the foun- render notice meaningless. Although the Pueblo. dation of individual rights. Proponents con- judge in any particular case may impose a The energy and expertise he provided for specific deadline by which notice must be tend that we have nothing to fear from sec- given, the statute does not require such a tion 213 or any other provision of the Habitat for Humanity, its volunteers and its cli- deadline. Where the warrant itself does not PATRlOT Act. This may be true, as long as ents was unprecedented. He was a gifted impose specific time limits, judicial review the public is as vigilant as the American leader, working on multiple projects and at of the necessity of continuing delay in notifi- colonists were after Otis inflamed their pas- various stages of the products. Among his cation is impaired. No concrete timeframe sions regarding the Writs of Assistance. But many talents was the ability to work with triggers a governmental duty to justify con- can we trust that the law will be used as ju- young and old alike. This is especially noted tinued delay. Because the target of the diciously, with as much care to protecting with his success in working on the High search is, by definition, unaware of the School Build Program, proving to be a mentor, search, he or she cannot be expected to seek civil liberties, once the public’s attention review of the need for continued delay. has turned to other matters? role model, and friend to the students he su- Courts would have the opportunity to review The concern is not new or unique to the pervised. the necessity of delay only after the fact, PATRlOT Act. Few of our Founding Fathers For the last 8 years of his life, Jim’s work while also under the pressure to prosecute had greater faith in his fellow man than with the Habitat High School Build programs and admit evidence obtained through the no- Thomas Jefferson. Yet that faith had its lim- inspired the youth, their parents, and their tice-less search. its. In the Kentucky Resolutions, Jefferson teachers. Although initially hesitant to work the Finally, section 213 extends the avail- wrote: students, his ability to motivate and provide ability of ‘‘sneak-and-peek’’ warrants far beyond the PATRIOT Act’s stated purpose of [I]t would be a dangerous delusion were a guidance came to him second nature. He was fighting terrorism. The provision contains confidence in the men of our choice to si- a natural teacher, impacting multiple lives and no limitation on the types of cases in which lence our fears for the safety of our rights: instilling pride in the lives that he impacted. a covert warrant could be used. that confidence is everywhere the parent of Jim’s role in supervising the Habitat High CONCLUSION despotism-free government is founded in School Build programs, which included five The threatening nature of section 213 is jealousy, and not in confidence; it is jealousy schools and the State Prison programs, was not obvious, and thus, it is more dangerous and not confidence which prescribes limited unique. Furthermore, it was a true gift to our to the cause of preserving liberty. If the pub- constitutions, to bind down those whom we community and youth. He worked closely with lic is blinded by fear of terrorism or igno- are obliged to trust with power: that our the high school teachers to develop important rance of what is at risk, section 213 has the Constitution has accordingly fixed the limits mentoring relationships with students. His potential to become the insidious mecha- to which, and no further, our confidence may dedication went well beyond the building nism of steady but discernible erosion in the go . . . . projects and will influence students for years foundation of our freedoms. Section 213 takes the exception and makes it the rule— Due process. Probable cause. Those are the to come. in fact, makes it the law of the land. It gives constitutional limits within which we ‘‘bind His legacy includes the 40 families that now broad statutory authority to secret searches down those whom we are obliged to trust live in Habitat homes built by students partici- in virtually any criminal case. Even if the with power’’ and preserve our individual pating in the High School Build program. Jim Supreme Court upholds the constitutionality rights. A law that sets those limits aside, or was admired by all who met or heard of him. of such practices, Congress can—and obfuscates them in vague statutory language His life and work is an inspiration to us all. should—limit them by statute. In such cases, and legalistic definitions, has the potential f justice delayed truly is justice denied. for eroding the foundation of freedom as Terrorism is a scourge that must be ad- surely as terrorists have the potential for THE FAIR MINIMUM WAGE ACT OF dressed. Government has a fundamental duty breaching the ramparts of our security. An 2005 to protect its people from enemies, foreign informed people and a vigilant and respon- or domestic. Fear of terrorism, or anything sive Congress are the keys to guaranteeing else, deprives us of free choice as surely as that our rights to security and freedom are HON. GEORGE MILLER does tyranny; indeed, terrorism is an instru- OF CALIFORNIA ensured. They are essential to protecting the ment of tyranny. We must not, however, IN THE HOUSE OF REPRESENTATIVES allow fear to erode the constitutional foun- foundation of liberty and preserving each in- dation of our freedom. We can no more gain dividual’s God-given role as the architect of Wednesday, May 18, 2005 his or her own destiny. As John Stuart Mill real security by being less free than we can Mr. GEORGE MILLER of California. Mr. warned: gain wealth or wisdom or anything else of Speaker, today, together with 100 of my col- value. No such trade-off is possible. That is A people may prefer a free government, but leagues, we are introducing legislation to raise the definition of ‘‘unalienable’’—rights with if, from indolence, or carelessness, or cow- the Federal minimum wage from $5.15 to which we were endowed by our Creator, and ardice, or want of public spirit, they are un- $7.25 over 2 years. Senator EDWARD KENNEDY which therefore cannot be repudiated or equal to the exertions necessary for pre- is introducing identical legislation in the Sen- transferred to another. Our Constitution rec- serving it; if they will not fight for it when ognizes that higher law, and we ignore it at it is directly attacked; if they can be deluded ate. Two reports that are also being released our peril. today, one by the Center for Economic and We now are engaged in a national crisis, an by the artifices used to cheat them out of it; if by momentary discouragement, or tem- Policy Research and one by the Children’s unconventional war in which our surrep- Defense Fund, make obvious the importance titious enemies use the camouflage of a free porary panic, or a fit of enthusiasm for an society’s commitment to privacy and diver- individual, they can be induced to lay their of raising the minimum wage for workers, chil- sity to achieve their goals. Our government liberties at the feet even of a great man, or dren, and families. is justified in adapting its law enforcement trust him with powers which enable him to American workers are long overdue for a methods to the new threat, but we must take subvert their institutions; in all these cases raise. Real wages are actually declining for care to ensure those methods are consistent they are more or less unfit for liberty. the first time in more than a decade, while

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.063 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1025 prices for healthcare, gasoline, and other ne- sible for the working conditions they have mittee which is determining whether or not cessities are rising, making it even more ur- promised. This bill goes a step further to en- funds should go to States based solely on gent that we raise the minimum wage now. sure a decent minimum wage. population. In lieu of any changes by the au- The minimum wage has been stuck at $5.15 Among the 7.5 million workers earning be- thorizing committee to the formula, this bill di- per hour since 1997—$5.15 per hour. These tween $5.15 and $8 an hour—the people this rects DHS to maintain a minimum allocation of days, a gallon of milk can cost half that much bill is intended to help—84 percent of them .75 percent per State and to allocate the rest in some parts of the country. Imagine working are adults over the age of 20. Nearly half of based on threats and need versus population. for the better part of an hour and only being them are married or have children. Over half I strongly agree that targeting funds based on able to afford a gallon of milk—how do you of them are women; 59 percent are white; 13 the assessment of actual vulnerability is a ever make ends meet? The answer is: you percent are black; and 23 percent are His- much more effective use of limited resources don’t. panic. Sixty percent of them work full-time. than population alone. Furthermore, the com- One of the reports issued today, from the The inflation-adjusted value of the minimum mittee recognizes that DHS must still establish Center for Economic and Policy Research, wage has declined 20 percent since 1997. a national preparedness goal which will help shows that most minimum wage workers The legislation we are introducing today, the our States develop appropriate homeland se- make significant contributions to their total Fair Minimum Wage Act of 2005, increases curity funding goals. family income. Half of them are between the the minimum wage from $5.15 to $5.85 within Our firefighters were among the first to re- ages of 25 and 54. The report also shows the 60 days; then to $6.55 1 year after the first in- spond to the tragic events of September 11th, importance of increasing the minimum wage to crease; and finally to $7.25 1 year after that. and they will likely be the first to respond in prevent families from falling further into pov- I urge my colleagues to support this vital the event of a future attack. The fire grant pro- erty. Too often minimum wage jobs are not legislation. gram helps local fire departments deal with transitional. As the report makes clear, many f these and other needs by allocating funds for workers find themselves trapped in minimum equipment and staff. Unfortunately, the Presi- DEPARTMENT OF HOMELAND SE- wage jobs; more than one-third of 25- to 54- dent proposed cutting funding for these pro- CURITY APPROPRIATIONS ACT, year-old workers in minimum wage jobs are grams by $215 million, or 30 percent. This bill 2006 still earning the minimum wage after three restores most of the president’s cuts by pro- years. The report is entitled ‘‘Not Up, Not Out: SPEECH OF viding $600 million for fire grants and $50 mil- Few Prime-Age Workers Move Out of Min- lion for firefighter staffing grants. This is critical imum Wage lobs’’ and is available at http:// HON. LUCILLE ROYBAL-ALLARD funding because only 13 percent of fire de- www.cepr.net/publications/ OF CALIFORNIA partments are prepared to respond to a haz- laborlmarketsl2005l05.pdf. IN THE HOUSE OF REPRESENTATIVES ardous material incident and an estimated The other report, from the Children’s De- Tuesday, May 17, 2005 57,000 firefighter’s lack personal protective fense Fund, shows that importance of increas- clothing for a chemical or biological attack. I ing the minimum wage for more than 10 mil- The House in Committee of the Whole would hope that by the time this bill goes to lion children. The report, entitled ‘‘Increasing House on the State of the Union had under the President, these programs will be fully the Minimum Wage: An Issue of Children’s consideration the bill (H.R. 2360) making appropriations for the Department of Home- funded at last year’s level of $715 million at a Well-Being,’’ states: ‘‘The annual income of an minimum. individual working full-time, with two children, land Security for the fiscal year ending Sep- In addition, the bill strengthens the commit- at the $5.15 an hour minimum wage leaves tember 30, 2006, and for other purposes: tee’s direction that port security grants, for the them $4,500 below the poverty level. An in- Ms. ROYBAL-ALLARD. Mr. Chairman, I rise 55 ports of national significance, should be crease in the minimum wage to $7.25 would in support of H.R. 2360, the Homeland Secu- based on vulnerability assessments. This benefit many of the 9.7 million children who rity Appropriations Act for Fiscal Year 2006. means that limited resources for port grants live in households where at least one worker As a member of the Homeland Security Sub- will be used where they are needed most. earns between the current minimum wage and committee, it has been an honor to work with While we are dedicating $150 million to both $7.25 per hour. Furthermore, 1.2 million of Chairman HAL ROGERS and our Ranking Mem- the port and the transit security programs, the these children live in households where two or ber, MARTIN SABO, in drafting this bill. I would Administration had proposed no funding for more workers earned less than the proposed like to commend them both, for their efforts to these critical programs. This is inexcusable minimum wage.’’ At $5.15 per hour, a worker address our Nation’s security needs despite particularly when the Coast Guard and the who works 40 hours a week for 52 weeks a the severe budget constraints forced upon transit industry have indicated $7 billion and year earns $10,712. In 2003, the poverty level them. $6 billion in security needs in their respective for a family of two (a parent and a child) was Mr. Chairman, this bill provides $30.85 bil- industries to improve security. I am also $12,682. The Children’s Defense Fund report lion for operations and activities of the Depart- pleased that Congress dedicated $50 million is available at http://www.childrensdefense.org/ ment of Homeland Security, DHS, in fiscal for the security of chemical plants. familyincome/obs/ year 2006, an increase of $1.37 billion above minimumwagereport2005.pdf. the fiscal year 2005 enacted levels. Although I thank Chairman ROGERS and Ranking Every American deserves a decent wage for the bill does not fully fund many initiatives crit- Member SABO for including in the Homeland the work they do, and most Americans agree ical to securing the homeland, I am pleased Security report several items I requested to that we should raise the minimum wage. Con- that this legislation does provide adequate address serious issues raised during sub- gress disrespects workers and violates the will funding for several programs of importance to committee hearings with representatives of the of the people when it refuses to increase the urban communities such as my own in Los Department of Homeland Security. minimum wage. We ought to respect workers Angeles. For example, the report expresses deep by guaranteeing them a fair wage. Work For instance, State and local emergency concern about reports that children, even as should be the path out of poverty, but millions managers will be happy to learn that although young as nursing infants, apprehended by Im- of Americans work fulltime and still live in pov- the President continues to zero out the fund- migration and Customs Enforcement (ICE) are erty. ing in his budget request for the Emergency being separated from their parents and placed The Miller-Kennedy legislation also extends Management Performance Grants, the com- in shelters operated by the Department of the minimum wage to the Commonwealth of mittee has appropriated $180 million for this Health and Human Services while parents are the Northern Mariana Islands, a U.S. territory grant program. Congress has rightly called this held in separate jail-like facilities. The Commit- in the Pacific Ocean. For years, the Congress program ‘‘the backbone of the Nation’s emer- tee’s report language directs DHS to release has allowed basic labor standards to be de- gency management system.’’ In California, families or use alternatives to detention when- nied to workers in the Marianas. We cannot emergency managers use these grants to de- ever possible, and when detention of family continue to allow workers to be trapped in vir- velop plans to help prepare our residents for units is necessary, the Committee directs DHS tual involuntary servitude under sweatshop disasters such as earthquakes, fires, floods, or to use appropriate detention space to house working conditions, indebted by usurious re- terrorist attacks. them together. cruitment fees, paid inadequate wages and The bill also provides $750 million for State- The report also addresses the need to ex- too often cheated out of what little they are wide formula grants which are distributed on a pand the use of Legal Orientation Programs to owed. I have introduced legislation, H.R. 2298, per capita basis to first responders. The cur- additional ICE detention centers in the coun- to protect workers from recruitment abuses rent population-based formula is under review try. Legal Orientation Programs consist of and to hold recruiters and employers respon- by the Homeland Security Authorization Com- legal presentations made by nongovernmental

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.067 E19PT1 E1026 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 agencies to all persons in immigration deten- I am further disappointed that the bill appro- lion for air cargo screening, the Administration tion prior to their first hearing before an immi- priates $5 million for a program which allows has continued to leave the aviation system’s gration judge. This program saves on the States and local jurisdictions to enter into a vulnerabilities exposed. Despite Congress’ di- costs of immigration detention, makes Immi- Memo of Understanding, MOU, with Homeland rection to increase the percentage of screened gration Court more efficient, and facilitates ac- Security to train local police to enforce limited air cargo on passenger aircraft, the Transpor- cess to justice for detained immigrants in re- immigration functions. I believe our limited re- tation Security Administration has not fully im- moval proceedings. Immigrants are better pre- sources should instead be directed toward plemented the law. pared to accept their removal earlier in the im- identifying and deporting terrorist elements in Additionally, the Administration has pro- migration hearing process when they have our country. posed no new funding to install inline baggage learned from organizations not affiliated with In addition, although both the Patriot Act of screening machines beyond the currently ap- the government that they have exhausted their 2001 and the Intelligence Reform Act of 2004 proved eight airports, and Congress has again immigration relief options. called for increases in specific areas such as decided to only fund the existing programs at I am also pleased that the report contains border agents, customs and immigration in- 75 percent, rather than the contractually language I requested to improve the quality spectors, immigration investigators, as well as agreed to amount of 90 percent. This creates assurance standards at our ports of entry. The for additional detention beds, this bill fails to an additional burden that our cash-strapped Committee urges Customs and Border Protec- meet the established border enforcement communities can ill-afford. tion to consider expanding the use of video- benchmarks—by 500 border patrol agents (25 In closing, Mr. Chairman, I will support this tape systems to record interactions between percent short), 600 immigration investigators bill to provide critical resources to help make potential asylum seekers and border patrol (75 percent short), and 4,000 detention beds our country safer. However, fully addressing agents at our ports of entry. These tapes (50 percent short). these and other critical national security con- should be reviewed and retained for a suffi- I am also concerned with the decrease in cerns requires resources that the Administra- cient period of time to ensure that asylum funding that the Bureau of Citizenship and Im- tion simply did not propose and which the Re- seekers are treated equally and with fairness migration Services has continued to receive publican majority did not provide in this bill. at any one of our ports of entry. since the creation of the Department of Home- While this bill is an improvement over the Ad- The bill once again includes language I land Security. This bureau is charged with ministration’s request, critical homeland secu- drafted to prevent the Department of Home- processing thousands of work authorization land Security from moving forward with the un- rity needs will still go unmet. and citizenship applications for immigrants in necessary and potentially dangerous privatiza- f our country and yet this bill includes only $120 tion of key immigration officers at the Bureau million for this important agency. This de- U.N. PEACEKEEPING REFORM: of Citizenship and Immigration Services. crease in resources simply does not make SEEKING GREATER ACCOUNT- These officers are responsible for handling sense given that over the last 4 years, the Bu- ABILITY, INTEGRITY AND EF- classified information used to prevent fraud reau of Citizenship and Immigration Services FECTIVENESS and the exploitation of our immigration laws. I continuously fails to meet its 6 month goal for am thankful that this inherently governmental processing citizenship applications. These work will continue to remain the responsibility HON. CHRISTOPHER H. SMITH backlogs send the wrong message to our Na- OF NEW JERSEY of trained and experienced federal employees directly accountable to the Department and tion’s immigrants who are eager to become IN THE HOUSE OF REPRESENTATIVES not to the bottom line of a private company. full participants in our society, but must wait Wednesday, May 18, 2005 years before their citizenship applications can The report also includes language which I Mr. SMITH of New Jersey. Mr. Speaker, requested to address concerns about Customs be reviewed and processed. Mr. Chairman, I earlier today I chaired the third in a series of and Border Protection employees who were hope that before we send this bill to the Presi- hearings of my Subcommittee on Africa, Glob- required to participate in a six-day twelve dent we will appropriate the funds necessary al Human Rights, and International Oper- week basic training, but who were not fully to once and for all resolve the backlog prob- ations, on the topic of reform at the United Na- compensated for all of their days of work. The lems which have plagued this agency for tions, and the second hearing we are holding report directs the Commissioner of Customs years. on peacekeeping reform. and Border Protection to report on the number I am disappointed that this bill’s report ex- On March 1st, just 12 weeks ago, my com- of employees who were not compensated and presses support for expedited removal and mittee met to examine credible evidence of also on the steps the department is taking to recommends its expansion. Expedited removal gross sexual misconduct and exploitation of resolve the problem. means that Customs and Border Protection of- refugees and vulnerable people by U.N. Finally, the report directs the Transportation ficers can immediately deport individuals they Security Administration to report on the status do not believe have a true case for asylum. peacekeepers and civilian personnel assigned of their efforts to issue regulations for basic This year, a federally funded study issued by to the U.N. peacekeeping mission in the security training for flight attendants. I am the U.S. Commission on International Reli- Democratic Republic of Congo. Human rights pleased we are keeping TSA accountable to gious Freedom on the impact of expedited re- groups and the U.N.’s own internal investiga- this task, and I look forward to the timely com- moval on asylum seekers found that expedited tions had uncovered over 150 allegations pletion of this report. removal procedures are not being applied against Mission personnel, typically involving However, Mr. Chairman, despite the fact evenly across the country. The report found peacekeepers’ sexual contact with Congolese that this Homeland Security Appropriations bill that where an asylum seeker enters our coun- women and girls, some as young as 11–14, in addresses several of the issues I raised in try, the country they come from, and which of- exchange for food or small sums of money. hearings and increases funding levels in cer- ficer conducts their brief interview, impacts the Further, the U.N. had struggled to deal with tain accounts, I am concerned that this year’s decision on whether an individual is allowed to similar sexual exploitation and abuse allega- bill continues the practice of underfunding sev- see an asylum officer or is deported without tions in recent years in Sierra Leone, Liberia, eral homeland security recommendations as further review. Before expedited removal is ex- and Guinea, as well as on the European con- well as the initiatives and programs mandated panded, as the bill’s report recommends, Con- tinent in Kosovo and Bosnia. Yet despite by Congress to ensure our Nation’s security. gress should require the Department of Home- many well-meaning gestures, there had not As one of the largest cities and metropolitan land Security to provide evidence that Cus- been one successful prosecution of U.N. civil- areas in the country, Los Angeles is consid- toms and Border Protection is making ian or military personnel, either in the Congo ered to be one of the most ‘‘at risk’’ areas for progress in resolving the current and serious or elsewhere. terrorist attacks. For this reason, I am dis- problems associated with expedited removal. At that hearing, the United Nations made appointed that this bill provides only a slight Lastly, I am concerned by the Administra- available Assistant Secretary General for increase of $15 million over last year’s funding tion’s seeming indifference toward protecting Peacekeeping Operations, Dr. Jane Holl Lute for Urban Area Security Initiative grants com- critical infrastructure, such as ports, transit and to brief the Subcommittee on steps the U.N. pared to the $405 million increase requested railroad facilities, and chemical plants. Not Secretariat and Department of Peacekeeping in the President’s budget. Protecting our most only have critical assessments not been com- Operations were taking to address the prob- vulnerable cities and towns is extremely costly pleted, but the Administration has consistently lem. As Members of this Subcommittee may and causes tremendous hardship on local underfunded or unfunded important infrastruc- recall, Dr. Lute declared, ‘‘. . . The Blue Hel- governments. We must ensure that they re- ture security programs. met has become black and blue through self- ceive the adequate funding to keep our most For example, although Congress continues inflicted wounds of some of our number and vulnerable cities secure. to fund aviation security and provides $30 mil- we will not sit still until the luster of that Blue

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.071 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1027 Helmet is restored.... It is unacceptable. It and promptly implement them. It was my de- being implemented, either by the U.N. or by is simply unacceptable. The United Nations sire that the hearing stimulate the same sense troop contributing nations? peacekeepers owe a duty of care to the peo- of commitment and urgency at the U.N. to un- In this regard, I have introduced legislation, ple we serve. We owe this duty of care to the dertake broader reforms in peacekeeping. The Trafficking Victims Protection Reauthor- member states who place their trust in us Peacekeeping has changed significantly ization Act of 2005, H.R. 972, which contains when they send us to a mission. We owe this since the creation of the United Nations and duty of care to the aspirations and hopes for the first peacekeeping missions, which were several provisions specifically targeted at pre- the future that everyone has when they invest largely limited to ‘‘traditional’’ nonmilitary func- venting trafficking in persons, sexual exploi- a peacekeeping mission in places like the tions, such as monitoring of cessation of hos- tation, and abuse by military personnel and in Congo. It will be stamped out.’’ tilities agreements, deployment of observer peacekeeping operations. H.R. 972 would re- Since that time, I am pleased to report that missions, and the maintenance and patrol of quire the State Department to certify to Con- I am seeing signs of real change in the way borders. With the end of the Cold War, the gress, before it contributes U.S. logistical or the United Nations goes about peacekeeping, number of peacekeeping missions ballooned, personnel support to a peacekeeping mission, certainly in the area of preventing human as the Security Council deployed 20 new mis- that the international organization has taken rights abuses. Investigations into allegations of sions between 1988 and 1994. Tasks of appropriate measures to prevent the organiza- sexual exploitation and abuse involving 96 peacekeepers have also evolved and now in- tion’s employees, contractors, and peace- peacekeeping personnel have been com- clude more complex assignments such as na- keeping forces from engaging in trafficking in pleted, with 66 military personnel repatriated tion-building, protection of vulnerable popu- persons or committing acts of illegal sexual on disciplinary grounds. On the civilian side, 3 lations, and establishment and maintenance of exploitation. The provision builds on two prior U.N. staff have been dismissed; 6 others are security in post-conflict environments. laws I have authored to combat trafficking in undergoing disciplinary process; and 3 have Our collective memories are still painfully persons and reduce sexual exploitation, the been cleared. Missions have put into place a sharp in recalling the peacekeeping fiascos of Trafficking Victims Protection Act of 2000 and broad range of measures to prevent mis- Bosnia, Rwanda and Somalia. Thankfully we the Trafficking Victims Protection Reauthoriza- have some notable successes to balance the conduct, from establishing focal points and tion Act of 2003. telephone hotlines to requiring troops to wear picture out, in which stability was restored and uniforms at all times. substantial contributions made towards eco- Other measures in this bill to combat sexual Moreover, the Fourth Committee of the U.N. nomic and political development, in U.N. mis- exploitation and trafficking in persons by mili- General Assembly on April 18th unanimously sions in Kosovo, Sierre Leone and East Timor. tary and peacekeepers are: Amending the endorsed the reform proposals of the Special What these examples illustrate is the impor- U.S. Uniform Code of Military Justice to pro- Committee on Peacekeeping Operations, tance of getting the mandate ‘‘right,’’ matching hibit the use or facilitation of persons trafficked which include: training on standards of con- the mission to the mandate, ensuring ade- for sex or labor; Establishing a Director of duct; development of established units for quate staffing and funding, and providing for a Anti-Trafficking Policies in the Office of the peacekeeping rather than those assembled on transition to a sustained peace. Secretary of Defense; Reporting of steps an ad hoc basis; commitments by all troop U.S. officials have endorsed Secretary Gen- taken by the U.N., OSCE, NATO and other contributing countries to pursue investigations eral Annan’s proposal for a Peacebuilding international organizations to eliminate involve- and prosecutions of peacekeeping personnel Commission and Support Office to undertake ment of its personnel in trafficking; Requiring for credible instances of sexual allegation and post-conflict transition and coordinate donor certification that safeguards are in place to abuse; creation of a database to track allega- assistance and activities. But has a global prevent military and civilian personnel from tions and ensure that prior offenders are not audit of existing peacekeeping missions ever trafficking or committing acts of sexual exploi- been conducted to review mandates and right- rehired; organization, management and com- tation before a U.S. contribution to a peace- size missions? Has there been an examination mand responsibility to create and maintain an keeping mission is made. environment that prevents against sexual ex- of whether peacekeeping tasks could be ploitation and abuse; establishment of a pro- outsourced to professional private security In conclusion, the progress since our last fessional and independent investigative capac- companies to perform tasks more cost-effec- hearing is encouraging, but we are only at the ity assistance to victims; and development of tively or deploy into difficult situations where beginning of the necessary reform process. a model MOU for troop contributing countries Member States have demonstrated a reluc- What comes out at the other end I hope will to encompass these recommendations. tance or inability to go? What are we doing to be a United Nations equipped for the unique The General Assembly must now act on widen the donor support base for peace- challenges of this new century, with peace- these recommendations, providing the nec- keeping missions? And finally, what should the keeping leading the way for reforms in other essary financial and political support to fully United States do if necessary reforms are not vital areas.

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Highlights The House received the United States Association of Former Members of Congress in the House Chamber. The House passed H.R. 2361, Department of the Interior, Environment, and Related Agencies Appropriations Act for Fiscal Year 2006. Senate and Transportation and that further, upon the re- Chamber Action porting out or discharge of the nomination, that the Routine Proceedings, pages S5453–S5549 nomination be referred to the Committee on Home- Measures Introduced: Fourteen bills and four reso- land Security and Governmental Affairs for a period lutions were introduced, as follows: S. 1076–1089, S. of not to exceed 30 days, after which time, the nom- Res. 149–151, and S. Con. Res. 35. Pages S5531–32 ination, if still in the Committee, will be discharged and placed on the executive calendar. Page S5547 Measures Passed: Messages From the President: Senate received the Baltic Countries Occupation: Senate agreed to S. following messages from the President of the United Con. Res. 35, expressing the sense of Congress that States: the Government of the Russian Federation should Transmitting, pursuant to law, a report of the issue a clear and unambiguous statement of admis- continuation of the national emergency protecting sion and condemnation of the illegal occupation and the Development Fund for Iraq and certain other annexation by the Soviet Union from 1940 to 1991 property in which Iraq has an interest, and the Cen- of the Baltic countries of Estonia, Latvia, and tral Bank of Iraq, and to maintain in force the sanc- Lithuana. Pages S5547–48 tions to respond to this threat; which was referred Victims of Communism Memorial: Senate agreed to the Committee on Banking, Housing, and Urban to S. Res. 150, expressing continued support for the Affairs. (PM–11) Page S5531 construction of the Victims of Communism Memo- Transmitting, pursuant to law, the 2005 Com- rial. Page S5548 prehensive Report on U.S. Trade and Investment Recognizing Israel’s Independence Anniversary: Policy for Sub-Saharan Africa and Implementation of Senate agreed to S. Res. 151, recognizing the 57th the African Growth and Opportunity Act; which was Anniversary of the Independence of the State of referred to the Committee on Finance. (PM–12) Israel. Pages S5548–49 Page S5531 Nomination Considered: Senate continued consid- Nominations Received: Senate received the fol- eration of the nomination of Priscilla Richman lowing nominations: Owen, of Texas, to be United States Circuit Judge Edmund S. Hawley, of California, to be an Assist- for the Fifth Circuit. Pages S5453–S5525 ant Secretary of Homeland Security. A unanimous-consent-time agreement was reached 1 Air Force nomination in the rank of general. providing for further consideration of the nomination Page S5549 at 9:30 a.m., on Friday, May 20, 2005. Page S5549 Messages From the House: Page S5529 Nomination Referral—Agreement: A unanimous- Measures Referred: Page S5529 consent agreement was reached providing that the Measures Placed on Calendar: Page S5529 nomination of Edmund S. Hawley, of California, to be an Assistant Secretary of Homeland Security be Measures Read First Time: Page S5529 referred to the Committee on Commerce, Science, Executive Communications: Pages S5529–31 D514

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Additional Cosponsors: Pages S5532–33 ministration, Department of Commerce; Robin M. Statements on Introduced Bills/Resolutions: Nazzaro, Director, Natural Resources and Environ- Pages S5533–47 ment, Government Accountability Office; John F. Kostyack, National Wildlife Federation, Jamie Additional Statements: Pages S5527–29 Rappaport Clark, Defenders of Wildlife, and Monita Notices of Hearings/Meetings: Page S5547 Fontaine, National Endangered Species Act Reform Authority for Committees to Meet: Page S5547 Coalition, all of Washington, D.C.; and Reed Hop- per, Pacific Legal Foundation, Sacramento, Cali- Adjournment: Senate convened at 9:30 a.m. and fornia. adjourned at 8:52 p.m. until 9:30 a.m., on Friday, May 20, 2005. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s IRAN Record on page S5549.) Committee on Foreign Relations: Committee concluded hearings to examine weapons proliferation, terrorism Committee Meetings and democracy in Iran, after receiving testimony from R. Nicholas Burns, Under Secretary of State for (Committees not listed did not meet) Political Affairs; and Geoffrey Kemp, The Nixon Center, Gary Milhollin, Wisconsin Project on Nu- APPROPRIATIONS: EPA clear Arms Control, George Perkovich, Carnegie En- Committee on Appropriations: Subcommittee on Interior dowment for International Peace, and Abbas Wil- and Related Agencies concluded a hearing to exam- liam Samii, Radio Free Europe/Radio Liberty, all of ine proposed budget estimates for fiscal year 2006 Washington, D.C. for the Environmental Protection Agency, after re- Also, committee met in closed session to receive ceiving testimony from Steven L. Johnson, Adminis- a briefing on weapons proliferation, terrorism and trator, Environmental Protection Agency. democracy in Iran from officials of the intelligence REGULATION NMS community. Committee on Banking, Housing, and Urban Affairs: NOMINATION Committee concluded hearings to examine Regula- tion National Market System (NMS) designed to Committee on Homeland Security and Governmental Af- strengthen our national market system for equity se- fairs: Committee concluded a hearing to examine the curities, focusing on recent market developments, nomination of Philip J. Perry, of Virginia, to be after receiving testimony from William H. Donald- General Counsel, Department of Homeland Security, son, Chairman, U.S. Securities and Exchange Com- after the nominee, who was introduced by Senator mission. Warner, testified and answered questions in his own behalf. BUSINESS MEETING Committee on Energy and Natural Resources: Committee NOMINATIONS continued markup of proposed comprehensive energy Committee on Homeland Security and Governmental Af- legislation, focusing on provisions relating to Energy fairs: Committee concluded a hearing to examine the Efficiency and Electricity, but did not complete ac- nominations of Carolyn L. Gallagher, of Texas, who tion thereon, and will meet again on Tuesday, May was introduced by Senator Cornyn, and Louis J. 24. Giuliano, of New York, who was introduced by Sen- ENDANGERED SPECIES ACT ator Warner, each to be a Governor of the United Committee on Environment and Public Works: Sub- States Postal Service, and Tony Hammond, of Vir- committee on Fisheries, Wildlife, and Water con- ginia, to be a Commissioner of the Postal Rate Com- cluded an oversight hearing to examine the imple- mission, who was introduced by Senator Bond, after mentation of the Endangered Species Act (Public the nominees testified and answered questions in Law 93–205), focusing on successes and short- their own behalf. comings of the Act, and possible improvements to ensure species protection in the future, after receiv- AMERICAN WORKFORCE ing testimony from Senator Crapo; Craig Manson, Committee on Health, Education, Labor, and Pensions: Assistant Secretary of the Interior for Fish and Wild- Committee met to discuss issues relating to higher life and Parks; James H. Lecky, Senior Advisor for education and corporate leaders, focusing on defining Intergovernmental Programs, National Marine Fish- the roles industry and institutions of higher edu- eries Service, National Oceanic and Atmospheric Ad- cation will have to ensure that the United States has

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the skilled and diverse workforce it will need to suc- University of Phoenix, Phoenix, Arizona; Charles B. ceed today and in the future, after receiving testi- Reed, California State University, Long Beach; and mony from Louis Caldera, University of New Mex- Patrick J. Sweeney, Odin Technologies, Reston, Vir- ico, Albuquerque; Robert Craves, Washington Edu- ginia. cation Foundation, Issaquah, Washington; Edward J. Hoff, IBM, Armonk, New York; Edison Jackson, BUSINESS MEETING Medgar Evers College—City University of New Committee on the Judiciary: Committee resumed mark- York, Brooklyn; Patricia McGuire, Trinity Univer- up of S. 852, to create a fair and efficient system to sity, Washington, D.C.; James Mullen, Biogen Idec, resolve claims of victims for bodily injury caused by Cambridge, Massachusetts; Walter Nolte, Casper asbestos exposure, but did not complete action there- College, Casper, Wyoming; Laura Palmer-Noone, on, and recessed subject to the call. h House of Representatives Agreed to limit the number of amendments made Chamber Action in order for debate and the time limit for debate on Measures Introduced: 45 public bills, H.R. each amendment. Pages H3614, H3633 2373–2517; and 7 resolutions, H. Con. Res. Agreed to: 159–162; and H. Res. 288–290 were introduced. Slaughter amendment that increases funding for Pages H3693–94 the National Endowment for the Arts and the Na- Additional Cosponsors: Pages H3694–96 tional Endowment for the Humanities (agreed to limit the time for debate on the amendment); Reports Filed: Reports were filed today as follows: Pages H3614–20 H.R. 2046, to amend the Servicemembers Civil Re- Cubin amendment that increases funding for the lief Act to limit premium increases on reinstated Payments in Lieu of Taxes program (agreed to limit health insurance on servicemembers who are released the time for debate on the amendment); from active military service, amended (H. Rept. Pages H3620–23 109–88). Page H3693 Grijalva amendment (No. 17 printed in the Con- Recess: The House recessed at 9:03 a.m. and recon- gressional Record of May 18) that increases and then vened at 10:35 a.m. Page H3559 decreases funding for employee travel expenses at the EPA; Page H3640 Reception in the House Chamber to Receive Gillmor amendment that replaces language in the Former Members of Congress: The House recessed section of the bill regarding State and Tribal Assist- to receive the United States Association of Former ance Grants; Page H3644 Members of Congress in the House Chamber. Later, Eddie Bernice Johnson of Texas amendment (No. agreed to the Kingston motion that the proceedings 13 printed in the Congressional Record of May 18) had during the recess be printed in the Record. that increases funding for the assessment and cleanup Pages H3559–86 of Brownfield sites; Pages H3644–46 Department of the Interior, Environment, and Taylor of North Carolina that increases funding Related Agencies Appropriations Act for Fiscal for the National Forest System; Page H3646 Year 2006: The House passed H.R. 2361, making Doolittle amendment that prohibits the use of appropriations for the Department of the Interior, funds for the Department of the Interior to imple- environment, and related agencies for the fiscal year ment the first proviso under the heading ‘‘United ending September 30, 2006, by a yea and nay vote States Fish and Wildlife Service—Land Acquisition; of 329 yeas to 89 nays, Roll No. 199. Page H3663 Pages H3589–H3675 Hastings of Florida amendment that prohibits the Rejected the Obey motion to recommit the bill to use of funds in contravention of Executive Order the Committee on Appropriations with instructions 12898 or to delay the implementation of that Order; to report the same promptly with an amendment, by Pages H3663–64 a recorded vote of 191 ayes to 228 noes, Roll No. Stupak amendment (No. 5 printed in the Con- 198. Pages H3674–75 gressional Record of May 18) that prohibits the use of funds to finalize, issue, implement, or enforce the

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Pages H3665–69 Pages H3664–65, H3673–74 Solis amendment that prohibits the use of funds Withdrawn: for the Administrator of the EPA to accept, consider, Tiahrt amendment (No. 8 printed in the Congres- or rely on third-party intentional dosing human sional Record of May 18) that was offered and subse- studies for pesticides or to conduct intentional dos- quently withdrawn that sought to prohibit the use ing human studies for pesticides; Pages H3670–71 of funds to promulgate regulations without outside Garrett amendment (No. 3 printed in the Con- auditing to determine the authenticity of the sci- gressional Record of May 17) that prohibits the use entific method used to develop such regulations. of funds to send or otherwise pay for the attendance Pages H3669–70 of more than 50 Federal employees at any single Point of Order sustained against: conference occurring outside the U.S.; Pages H3671–72 Wu amendment that sought to prohibit the use Costa amendment that prohibits the use of funds of funds to permit class III gaming activities under for the Department of the Interior to enter into or the Indian Gaming Regulatory Act on non-reserva- renew any concession contract except a concession tion Indian land; Pages H3631–32 contract that includes a provision that requires that Istook amendment (No. 14 printed in the Con- merchandise for sale at units of the National Park gressional Record of May 18) that sought to state System be made in any State of the U.S., D.C., the that the bill’s ban on funding for offshore oil and Commonwealth of Puerto Rico, the Virgin Islands, gas drilling activities in the eastern Gulf of Mexico American Samoa, or the Commonwealth of the would not apply if the Energy Information Adminis- Northern Mariana Islands; and Page H3672 tration publishes data demonstrating that the net Rahall amendment (No. 1 printed in the Congres- imports of crude oil account for more than 2⁄3 of sional Record of May 16) that prohibits the use of U.S. consumption; Pages H3634–38 funds for the sale or slaughter of wild free-roaming Obey amendment that sought to insert a new sec- horses and burros (by a recorded vote of 249 ayes to tion into Title II regarding Clean Water State Re- 159 noes, Roll No. 196). Pages H3659–63, H3672–73 volving Fund; Page H3641 Rejected: Section beginning on page 67 line 17 with the Hefley amendment that sought to increase fund- words ‘‘except that’’ through line 22 at the word ing for the Payments in Lieu of Taxes program ‘‘contaminants’’; Pages H3641–42 (agreed to limit the time for debate on the amend- Section on page 68 line 23 through page 69 line ment) (by a recorded vote of 109 ayes to 311 noes, 3; Page H3642 Roll No. 191); Pages H3623–26, H3648 Section beginning on page 69 line 19 with the Peterson of Pennsylvania enbloc amendment that word ‘‘That’’ through line 22 at the word ‘‘further’’; sought to insert the word ‘‘oil’’ after the word ‘‘off- Page H3642 shore’’ in section 104; and strike the words ‘‘natural Section 413 of the bill regarding Government- gas’’ from sections 105 and 106 of the bill (agreed wide administrative functions; Page H3658 to limit time for debate on the amendment) (by a Section of the bill beginning on page 121 line 11 recorded vote of 157 ayes to 262 noes, Roll No. with the words ‘‘not withstanding’’ through the 192); Pages H3626–31, H3649 comma on line 12; Page H3658 Terry amendment (No. 4 printed in the Congres- Section of the bill beginning on page 121 line 22 sional Record of May 17) that sought to increase with the words ‘‘not withstanding’’ through the funding the EPA’s Hazardous Substance Superfund word ‘‘laws’’ on line 23; Page H3658 (by a recorded vote of 76 ayes to 344 noes, Roll No. Section of the bill beginning on page 124 line 6 193); Pages H3638–40, H3649–50 with the words ‘‘not withstanding’’ through the end Obey amendment that sought to increase funding of line 7; Page H3658 for the Clean Water State Revolving Fund (by a re- Section of the bill on page 124 line 15 through corded vote of 186 ayes to 235 noes, Roll No. 194); line 25; Page H3658 Pages H3640–44, H3650–51 Chabot amendment (No. 7 printed in the Con- Beauprez amendment (No. 6 printed in the Con- gressional Record of May 18) that sought to prohibit gressional Record of May 18) that sought to increase the use of funds for the designing or construction of funding for the Forest Service to fight wildfires (by forest development roads in the Tongass National a recorded vote of 122 ayes to 298 noes, Roll No. Forest for the purpose of harvesting timber by pri- 195); and Pages H3646–48, H3651 vate entities or individuals; and Pages H3658–59

VerDate Aug 04 2004 06:46 May 20, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY5.REC D19MY5 D518 CONGRESSIONAL RECORD — DAILY DIGEST May 19, 2005 Pombo amendment (No. 9 printed in the Con- Act. Testimony was heard from David Stern, Com- gressional Record of May 18) that sought to allow missioner, National Basketball Association; William funds in the bill for the Bureau of Land Manage- Hunter, Executive Basketball Players Associate; Paul ment, Fish and Wildlife Service, National Park Serv- Tagliabue, Commissioner, National Football League; ice, and U.S. Geological Survey to be used only for and Gene Upshaw, Executive Director, National programs that have been authorized before or after Football League Players Association. the date of enactment. Page H3670 H. Res. 287, the rule providing for consideration FINANCIAL SERVICES REGULATORY of the bill was agreed to by voice vote, after agreeing RELIEF to order the previous question by a yea-and-nay vote Committee on Financial Services: Subcommittee on Fi- of 215 yeas to 194 nays, Roll No. 190. Page H3594 nancial Institutions and Consumer Credit held a Meeting Hour: Agreed that when the House ad- hearing entitled ‘‘Financial Services Regulatory Re- journ today, it adjourn to meet at 12:30 p.m. on lief: Private Sector Perspectives.’’ Testimony was Monday, May 23 for Morning Hour debate. heard from public witnesses. Page H3677 Calendar Wednesday: Agreed to dispense with the STEROID USE IN SPORTS Calendar Wednesday business of Wednesday, May Committee on Government Reform: Held a hearing enti- 25. Page H3677 tled ‘‘Steroid Use in Sports Part III: Examining Bas- Presidential Message: Read a message from the ketball Association’s Steroid Testing Program.’’ Tes- President wherein he notified Congress of the con- timony was heard from the following officials of the tinuation of the national emergency with respect to National Basketball Association: David Stern, Com- the Development Fund for Iraq, certain other prop- missioner, and Richard W. Buchanan, Senior Vice erty in which Iraq has an interest, and the Central President and General Counsel; William Hunter, Ex- Bank of Iraq—referred to the Committee on Inter- ecutive Director, National Basketball Players Asso- national Relations and ordered printed (H. Doc. ciation; Keith Jones, Athletic Trainer, Houston 109–28). Pages H3677–78 Rockets; and Juan Dixon, Player, Washington Wiz- Read a message from the President wherein he ards. submitted a report on the 2005 Comprehensive Re- port on U.S. Trade and Investment Policy Towards RECREATIONAL BOATERS STREAMLINED Sub-Saharan Africa and Implementation of the Afri- INSPECTION ACT can Growth and Opportunity Act—referred to the Committee on Ways and Means and ordered printed Committee on Homeland Security: Subcommittee on (H. Doc. 109–29). Page H3678 Economic Security, Infrastructure Protection, and Cybersecurity held a hearing on H.R. 1509, Rec- Quorum Calls—Votes: Two yea-and-nay votes and reational Boaters Streamlined Inspection Act. Testi- eight recorded votes developed during the pro- mony was heard from Representative Foley; Robert ceedings of today and appear on pages H3594, Jacksta, Executive Director, Border Security and Fa- H3648, H3649, H3649–50, H3650–51, H3651, cilitation, Office of Field Operations, U.S. Customs H3672–73, H3673–74, H3674–75, and H3675. and Border Protection, Department of Homeland Se- There were no quorum calls. curity; and a public witness. Adjournment: The House met at 9 a.m. and adjourned at 10:08 p.m. REFORMING THE UNITED NATIONS Committee on International Relations: Held a hearing on Committee Meetings Reforming the United Nations: Budget and Manage- COMPETITIVENESS IN MATH AND SCIENCE ment Perspectives. Testimony was heard from Mark Committee on Education and the Workforce, Sub- P. Lagon, Deputy Assistant Secretary, Bureau of committee on 21st Century Competitiveness, hearing International Organization Affairs, Department of entitled ‘‘Challenges to American Competitiveness in State; former Senator Timothy E. Wirth of Colorado Math and Science.’’ Testimony was heard from pub- and President UN Foundation; and Catherine lic witnesses. Bertini, former Under Secretary-General, Manage- ment, United Nations. DRUG FREE SPORTS ACT The Committee also held a briefing on this sub- Committee on Energy and Commerce: Subcommittee on ject. Testimony was heard from Mark Malloch Commerce, Trade, and Consumer Protection con- Brown, Chief of Staff to the Secretary-General, cluded hearings on H.R. 1862, Drug Free Sports United Nations.

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OVERSIGHT—HIGH ENERGY COSTS Veterans Benefits Administration; and John Brown, Committee on Resources: Subcommittee on Energy and Director, Office of Seamless Transition; the following Mineral Resources held an oversight hearing entitled officials of the Department of Defense: MAJ Ladda ‘‘The Impacts of High Energy Costs to the American Tammy Duckworth, USA, Patient, Walter Reed Consumer.’’ Testimony was heard from public wit- Army Medical Center; COL Gwendolyn Fryer, USA, nesses. Southern Regional Medical Command Military Liai- son to James E. Haley Veterans Affairs Medical Cen- NATIONAL OCEANIC AND ATMOSPHERIC ter, Tampa, Florida; and COL Timothy Frank, ADMINISTRATION ACT USMC, Liaison Officer to the Secretary of Veterans Committee on Resources: Subcommittee on Fisheries and Affairs; and a representative of a veterans organiza- Oceans held a hearing on H.R. 50, National Oceanic tion. and Atmospheric Administration Act. Testimony was heard from Representative Ehlers; VADM AGING SOCIETY—RETIREMENT POLICY Conrad C. Lautenbacher, Jr., USN (Ret.), Under Sec- CHALLENGES AND OPPORTUNITIES retary, Oceans and Atmosphere, Department of Committee on Ways and Means: Held a hearing on the Commerce; and public witnesses. Retirement Policy Challenges and Opportunities of ARCTIC NATIONAL WILDLIFE REFUGE our Aging Society. Testimony was heard from Doug- DRILLING—BENEFITS SMALL BUSINESSES las Holtz-Eakin, Director, CBO; Hal Daub, Chair- Committee on Small Business: Subcommittee on Regu- man, Social Security Advisory Board; and public wit- latory Reform and Oversight held a hearing on the nesses. benefits small businesses will receive if drilling is allowed in the Arctic National Wildlife Refuge. Testi- PATRIOT ACT mony was heard from Representative King of Iowa; Permanent Select Committee on Intelligence: Concluded and public witnesses. hearings on the PATRIOT Act, Part II. Testimony OVERSIGHT—TRANSITION FROM ACTIVE was heard from public witnesses. DUTY TO VETERANS’ STATUS f Committee on Veterans’ Affairs: Subcommittee on Over- COMMITTEE MEETINGS FOR FRIDAY, sight and Investigations held an oversight hearing MAY 20, 2005 regarding the Department of Veterans Affairs’ and the Department of Defense’s efforts to assist military (Committee meetings are open unless otherwise indicated) personnel in making a ‘‘seamless transition’’ from ac- Senate tive duty to veterans’ status. Testimony was heard No meetings/hearings scheduled. from Cynthia A. Bascetta, Director, Health Care— Veterans’ Health and Benefits Issues, GAO; the fol- House lowing officials of the Department of Veterans Af- Committee on Government Reform, hearing entitled ‘‘Dec- fairs: Brenda Faas, Social Worker, Veterans Health laration of Education: Toward a Culture of Achievement Administration; Linda Petty, Benefits Counselor, in D.C. Public School,’’ 10 a.m., 2154 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, May 20 12:30 p.m., Monday, May 23

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of the nomination of Priscilla Richman Owen, of Texas, to be United States Circuit Judge for the Fifth Circuit.

Extensions of Remarks, as inserted in this issue

HOUSE Ehlers, Vernon J., Mich., E1013 Miller, George, Calif., E1024 Grijalva, Rau´ l M., Ariz., E1021, E1024 Paul, Ron, Tex., E1020 Baca, Joe, Calif., E1015, E1019 Hayworth, J.D., Ariz., E1014 Pickering, Charles W. ‘‘Chip’’, Miss., E1009, E1014 Baird, Brian, Wash., E1013 Hulshof, Kenny C., Mo., E1017 Rangel, Charles B., N.Y., E1010 Barrett, J. Gresham, S.C., E1016 Johnson, Eddie Bernice, Tex., E1020 Rothman, Steven R., N.J., E1016 Boehner, John A., Ohio, E1020 Kanjorski, Paul E., Pa., E1012 Roybal-Allard, Lucille, Calif., E1025 Capito, Shelley Moore, W.Va., E1015, E1019 Kucinich, Dennis J., Ohio, E1015, E1021, E1022 Smith, Christopher H., N.J., E1026 Cleaver, Emanuel, Mo., E1012 McGovern, James P., Mass., E1017 Tancredo, Thomas, G., Co., E1014 Cooper, Jim, Tenn., E1018 McIntyre, Mike, N.C., E1009 Udall, Tom, N.M., E1011 Drake, Thelma D., Va., E1009 Maloney, Carolyn B., N.Y., E1011 Van Hollen, Chris, Md., E1015 Edwards, Chet, Tex., E1011 Meek, Kendrick B., Fla., E1013, E1021, E1021 Woolsey, Lynn C., Calif., E1016

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